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95-972� r�� : /4 1 F �` F� 7 ; 9 ,..; 'r — > a, � , � u : i `•� �-`t � Council File # Green Sheet # RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To S- 97=- 33s�3f 3q Committee: Date 1 2 3 RESOLVED, that the On Sale Malt (3.2), Restaurant and Bow]ing Alley Licenses 4 (License ID Nos 13449 and 17535) held by Church of St. Bernard's dba St. Bernard's 5 Rec Center and located at 167 Geranium Avenue West in Saint Paul will have the 6 following conditions placed on those licenses for the violation of Consumption of 7 Alcoholic Beverages by Minors. 8 9 Recommendation for Action: 10 11 That conditions will be placed on tbe licenses of Saint Bernard's for the licensed 12 premises as follows: 13 14 1. An adult supervisor shall be on duty on the licensed premises every 15 evening and until closing time. 16 17 2. An adult supervisor shall be on duty on the licensed premises at all times � 18 that the alcoholic beverages on the premises are not locked up and 19 unavailable for consumption, and at alt times that any other alcoholic 20 beverages are available or being consumed on the premises. 21 22 3. Keys for the building, equipment and storage areas for alcoholic beverages 23 shall not be given to or possessed by student employees or any minor. 24 25 4. A11 rentals of the bowling lanes shall be reviewed and approved by the 26 business office as well as the bowling manager. 2-� Requested by Department of: By: � App By Form Approved by City Attorney � . By: �� ,(,f �`� "l/`� � Approved by Mayor for Submission to Council By: Adopted by Council: Date Adoption Certified by Council S cretary Citv Council Anderson PUBLIC HEARING TOTAL # OF SIGNATURE PAGES __ ... a�2�9s GREEN SHEET � CYNATfORNEY a BUDGEf DIRECiOR � MAYOR (OR ASSISTAN'n (CLIP ALl LOCATIONS FOR SIGNATURE) g�- 9�-� N_ 33439 _ . INITIAVpATE --� CiTY CLERK FIN, & MGT. SERVICES DIR. The On Sale Malt (3.2), Restaurant and Bowling Alley Licenses held by Church of St. Bernard' dba S[. Bernard's Rec Center, 167 Geranium Avenue, West, will have conditions placed on those licenses for the violation of consumption of alcoholic beverages by minors. (A) or Aeject �R) _ PLFNNING WMMISSION _ CIVII SERVICE CAMMISSION _ CIB COMMITCEE _ _ STAFF _ _ OISTftICT C�UpT _ StIPPORTS WHICH COUNCIL O&IECTNE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWINCa QUESTIONS: 7. Has thi5 personNirm ever wOrketl under a ContraCt for this tlepartment? - VES NO 2. Has this personlfirm ever been a ciry em9�oYee? YES NO 3. Does ihis person/firm possess a skiii not normafly possessed by any current ciry empioyee? YES NO Explain all yes answers on separate shcet ana attach to grean sheet , W�aq Wfren, Where, Why): !� . .,.. '- , ��.,�. R�u � IF APPROVEO: )TAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (pRCLE ONE) YES NO 'NDIfdG SOURCE ACTIVITV NUMBER ANCIAL INFORMATION, tEXPLAiN) OFFICE OF THE CITY ATTORNEY Tinmtlry E. Mars, Ciry Artomey �� CTTY OF SAINT PAUL Norm Coleman, Mayor Crvi! Divi.sion 400 Ciry HaG IS 1I'est Ketlagg Bh�d. Snint Pau1 Minnesota 55102 Tetephorse: 612 26Fr8710 Fatsimife: 672 2985679 August 2, 1995 NOTICE OF COUNCIL HEARING David Suek Business Manager Church of St. Bernard's and St. Bernard's Rec Center 167 Geranium Avenue Saint Paul, Minnesota 55117 RE: 8J16/95 Uncontested License Hearing Licenses of Church of St. Bernard's db St Bern�rd's Rec. Center � �3��'�f', 4;�it$�g Our file Number: G95-0252 aur � ,��5 Dear Mr. Suek: Please take notice that a hearing concerning the above"-� ed establishment has been scheduled for 3:30 p.m., August 16, 1995 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclased are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the essential facts contained in the attached police reports have been admitted to. You will have an opportunity at the Council hearinq to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office is as follows: That conditions will be placed on all licenses of Saint Bernard's inc2udinq the On Sale Malt (3.2), Restaurant and Bowling Alley licenses for the premises as follows: 1. An adult supervisor shall be on duty on the licensed premises every evening and until closing time. 2. An adult supervisor shall be on duty on the licensed premises at all times that the alcoholic beverages on the premises are not locked up and unavailable for consumption, and at all times that any other alcoholic beverages are available or being consumed on the premises. 3. Keys for the building, equipment and storage areas for alcoholic beverages shall not be given to or possessed by student employees or any minor. 9S s�� Page 2 4. All rentals of the bowling lanes shall be reviewed and approved by the business office as well as the bowling manager. IP you have any questions, please call me at 266-8728. Sincerely, . � ' Philip B. Byrn Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP Frank Staffenson, Deputy Director LIEP Nita Quinn, Community Organizer, District 6 Planning Council, 1053 N. Dale St., St. Paul, MN 55117 g� �� UNCONTESTED LICENSE HEARING Licensee Name: Church of St. Bernard's dba Sf. Bernard's Rec Center Address: 167 Geranium Avenue West Councit Hearing �ate: August 16, 1995 Violation: Consumption of Afcohoi by Minors Date: June 3, 1995 Place: Licensed Premises Matrix Presumptive Penatty: N/A Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Enviro�mental Protection: That conditions will be p{aced on the licenses of Saint Bernard's including the On Sale Malt (3.2), Restaurant and Bowling Alfey for the {icensed premises as foilows: 1. An aduit supervisor shall be on duty on the licensed premises every evening and unti! closing time. 2. An adult supervisor shall be on duty on the ficensed premises at ati times that the alcoholic beverages on the premises are not locked up and unavailable fior consumption, and at al{ times that any other afcoho)ic beverages are available ar being consumed on the premises. 3. Keys for the building, equipment and starage areas for alcoholic beverages shall not be given to or possessed by student employees or any minor. 4. Aii rentals of the bowiing tanes shalt be reviewed and approved by the business office as well as the bowting manager. qs y7�. Attachments: 1. Proposed resofution 2. License information 3. Notice of Violation 4. Letter of iicensee or attorney agreeing not to contest the facts 5. Police Report ys y �� Lic SD ................... 13449 STAT ..................... AC Business Name............ CHtJRCH oR ST. BERNARD'S Address .................. 167 GERANIUM AVE W Zip..... .............. 55117 ... Doing Business As........ ST. BERNARD'S REC CENTER License Name ............. ON SALE MALT (3.2} E�tp Date..... ......... O8/31/95 ... Insurance Carrier........ Ins. Policy Number....... LETTERINLIEU Insurance Effective Date. 09/06/94 Ins. Expiration Date..... WAIVED NOTE AREA ................ 12622 . 10/29j92 PH ON APPi3 FOR ON SALE 3.2 MALT APP'D . C.F. #92-1647 Tax Id ............ ...... 8492106 Worker Comp Exp Date..... CONT Telephone ................ 489-2677 Press 'C' to continue, �P' to print, or 'R' to redisplay... Alt-2 FOR HELP� VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF � Lic ID ................... 17535 STAT .....................� AC Business Name............ ST BERNARDS RECREATION CENTER Address .................. 167 GERANIt3M AVE W Zip..... .............. 55117 ... Doing Business As........ ST BERNARDS RECREATION CENTER License Name ............. RESTAURANT (Cj-LIMITED . BOWLING ALLEY Exp Date ...... ......... 03/31/96 Insurance Carrier........ Ins. Policy Number....... Lnsurance Effective Date. Cns. Expiration Date..... dOTE AREA ................ INSPECTOR CHANGE FROM BARB TQ MIKE - 1/6/92 'ax Id ................... .849210 6 orker Comp Exp Date..... CONT elephone ................ ress 'C' to continue, 'P' to print, or 'R' to redisplay... ,lt-Z FOR HELP� VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF � 0 �; OFFICF'''F THE CITY ATTORNEY Tunathy E.. �rx, Ciry Anomry w�� 7 � r-- CITY OF SAINT PAUL Norm Coteman� Mayor June 28, 1995 David Suek Business Manager Church of St. Bernard's and St. Bernard's Rec Center 167 Geranium Avenue Saint Paul, Minnesota 55117 ��r ��o„ 400 Cirf Hall IS West KelJogg Blvd Saira Paul, M+nnesow 55102 RE: All licenses held by the Church of Bernard's Recreation Center Our File Number: G95-0252 Dear Mr. Suek: Telephone: 6Z2 266-8710 Fatsinrile: 612 298-5619 St. Bernard's and St. On the evening of June 3, 1995, an employee of the licensee either allowed a substantial number of minors to consume alcohol on the licensed premises, or provided them with alcoholic beverages from the stocks of the licensee, or both, at an after hours party that resulted in serious danqer to the health, safety and welfare of those minors and perhaps others. This action serves as the basis for adverse action against all licenses held by the licensee under Sections 310.05 and 310.06 of the Saint Paul Legislative Code. Such adverse action could include the imposition of conditions on the licenses, including a condition that an adult supervisor or manager be present on the licensed premises at all times that alcoholic beverages are on the premises and not locked up and at closing time every day. Based on the information now known, the license office would be willing to propose and recommend to the City Council that the Council impose the foregoing condition on the license, and further recommend that there be no further discipline or sanctions against the license. This would mean that, if the Council adopts that recommendation, there would not be a full-scale contested case hearinq. In order to do that, you would have to enter into a stipulation as to the facts and waive the necessity for a contested case hearing. When you have had a chance to talk this over, or if you have any : � - g� y�� questions about this procedure, please give me a call on or before -2- July 6, 1995. The Council is the ultimate judge in all such matters, and the matter would be decided by them, whether this goes to a contested case hearinq, or is dealt with on a stipulation as to the facts. Very truly yours, �. Philip . B rn�� Y Assistant City Attorney cc: Robert Kessler, Director, LIEP Frank Sta£fenson, Deputy Director, LIEP 9s �� STATE OF MINNESOTA ) ) ss. AFFIAAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 29, 1995, she served the attached LETTER on the Pollowing named person by placing a true and correct copy thereof in an envelope addressed as follows: David Suek Business Manager Church of St. Bernard's and St. Bernard's Rec Center 167 Geranium Avenue St. Paul, MN. 55117 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 29th day of June, 1995. 1� , � f � � /;� i . . J . � BELVA J. fLOYD � xDT�vv�c-�aNx�sorA � RAMSEY C:OUN7Y + bh Conan EMpbes,mn. st, 2000 � of said person) and depositing the United States mails at St. 9s y�� SAINT BERNARd'S PARiS�i C(3MMUNITy � 9O W ROSE AVENUE • SAINT PAU�, MlNNNESOTA 5 5} � J Paeisk OfficE (612) 488-6733 • HiGI� ScNoo( (612) 489-1338 • GeAde Sc4+ool (612) 489-8086 Cl�ild CaRE (612) 484-9203 • SowlivG LavES (b 12) 489-2b77 • Fax (b 12) 488-946b July 10, 1995 Philip Bprne Office of the City Attorney 400 City Hall 15 West Kellogg Boulevard St Paul, Minnesota 55102 Dear Mr. Byrne: Enclosed is the document we prepared stipulating the facts of and our response to the incident that occurred at St Bernard's on June 2nd and June 3rd of 1995. Sincerely yours, ��"'�( V �"" � David Suek Business Manager July 7, 1945 City of St Paul Office Of The City Attorney Office Of License, Inspection and Environmental Protection ys s�-2- The Church of St Bernard operates a high school as well as an eight lane bowling alley vith an On Sale Malt - 3,2 Beer license. The bowling manager employs St Bernard's High School students as pin chasers and counter attendants• �, a high school senior, and , a high school junior, were two such students. On Friday, June 2, 1995, � was the counter attendant and was responsible for locking the building at the 7:00 PM closing time. From the end of May to the end of August there is no league bowling and little open bowling so student employees are trusted with more responsibility. At 7:00 PM on June 2nd locked up, let.� in a short time later and then left the premises. � previously told� he had rented the bowling alley for a graduation party.�parents apparently gave him $ 150 to rent the building but that money was never paid to St Bernard's and neither the two bowling managers nor anyone in St Bernard's Business Office was aware of �_� planned graduation party. People attending the party, most of whom were minors, brought alchoholic beverages to the party and consumed them on the premises. Based on our investigation we don't believe that any of St Bernard`s beer inventory was consumed. The police responded to an alarm call at the bowling lanes at 1:22 AM Saturday morning, found two ind3viduals unconscious and got medical treatment for them. The police cited three minors for underage consumption and cited two of those three for curfew violation. The rest of the minors were released to sober adults. On Monday morning, June 5, 1995, St Bernard's pastor, Reverend Michael F. Anderson, met with the high school principal, the business manager and the manager of the howiing alley. was immediately terminated as an employee of the bowling alley, was not allowed to participate in the high school graduation ceremony occurring that evening and was not allowed to participate in senior lock-in. , a senior cited for underage consumption, was also not allowed to participate in graduation and senior lock-in. �was put on probation as a bowling alley employee for not verifying that had rented the bowling alley. The high school principal interviewed all of the students that might have attended the party. He imposed in school suspension on four underclassmen and they were not al2owed to take final exams as scheduled. As a result of the incident St Bernatd's has changed policy and procedures in the bowling alley. The locks on the beer cooler and dispenser were changed and upgraded. Keys for the building and equipment will no longer be given to student employees. An adult supervisor will be on duty every evening, at closing time every day and whenever the beer inventory is not locked up. All rentals of the bovling lanes must be reviewed and approved by the business office as well as the bovling manager. Staff reorganization had been planned previouslp and is being implemented at a faster pate. Reverend Anderson is concerned that the potential for violation of law, violation of trust in an employee and violation of school policy be reduced as much as possible, �age � of / ST. 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