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95-98ORIGlNAL Green Sheet # Presented By Referxed To Council File # RESOLUTION �INT PAUL, MINNESOTA Committee: Date � � i � . 1 i 1 2 RESOLVED, that the Licensee, Arbuckle's Baz & Grill, Inc. for the premises at 3 374 St. Peter Street is hereby ordered to pay a fine of $500 for failure to pay second half 4 license fees, and failure to comply with the liability insurance requirements as pursuant 5 to the Saint Paul I,egislative Code; and be it 6 7 FLJRTHER RESOLVED, that all the licenses including the On-sale Intoxicating 8 Liquor License held by Arbuckle's Baz and Grill, Inc. for the premises at 374 St. Peter 9 Street in Saint Paul is hereby suspended for a period of 12 days, but eight days of the 10 suspension is stayed, pending payment of a11 license fees, late fees and fines in 11 accordance with the Saint Paul I.egislative Code Section 409.05 and this order. Payment 12 of a11 license fees, late fees, and fines shall be paid to the Office of License, Inspection 13 and Environmental Protection within thirty (30) days of City Council Action; and be it 14 15 FURTHER RESOLVED, that the following condition be imposed upon the 16 renewal of the November 1, 1994 - October 31, 1995 On-sale Liquor License of 17 Arbuckle's Bar & Grill, License ID No. 11089 as follows: 18 19 "Payment of a11 license fees shall be made promptly and in accordance with 20 the Saint Paul L.egislative Code Section 409.05. Failure to pay any license 21 fee or part thereof within forty five (45) days of due, shall be considered a 22 violation of the conditions of the license." 23 24 This resolution and action is based on the record of proceedings before the 25 Administrative Law Judge, including the hearing on November 22, 1994, the document 26 and earhibits introduced therein, the azguments and statements of counsel for the City 27 28 29 30 31 32 33 34 35 36 37 38 39 40 . �r .� ��-�� 1 and by the Licensee on his own behalf on January 18, 1995, and the deliberation of the 2 Council in open session. The Report of the ALJ is attached hereto and is eacgressly 3 incorporated in and made a part of this Resolution. 4 5 A copy of this Resolurion, as adopted, shall be sent by first class mail to the 6 Administrative Law Judge and the Licensee. 7 Requested by Department of: ! l, �%i� � ��1 B Appr By: Form Approved by City Attorney By: �- �'r� Approved by Mayox for Submission to ` Council By: �� Adopted by Council: Date Q Adoption Certi£ied by Council Secretary 1: �i� DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED GREEN SHEE � � O �� , V LIEP 1 — INITIAVDATE INRIAUDATE CONTACT PERSON & PHONE � DEPAflTMEM DIRE � CITY CAUNCIL Robert Ressler 266-9112 ��GN �CffYATTORNEV �CITYCLERK MU5T BE ON COUNCIL AGENDA HY (DATE) NUMBER FOR � BUDGET DIRECTOR � FIN_ & MGT. SERVICES DIR. ROUi1NG 1-25-95 OflDEfl O MAVOfl (OR ASSISTAPIn � TOTAL # OF SIGNATURE PAGES Z (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Request to finalize Adverse Action initiated on l/18/4S. AECOMMENDnrIONS: npprove (A) m Reject (R) pEHSONAL SEHVICE CONTRACTS MUS7 ANSWER TNE FOLLOWING �UESTIONS: _ PLANNINCa COMMISSION _ CIVIL SERVIGE CAMMISSION �- Has this person/firm ever worked under a contract for Mis departme'rt? _ CIB COMMITTEE _ YES NO — S7AFF 2. Has this persuMfirm aver been a cily employee? — YES NO _ DISTRICT COUR7 _ 3. Does this peBOn/firm posuss a skill not normalty possessed by any curtent city employee? SUPPORTS WHICH COUNCIlO&IECTIVE7 VES NO Explain all yes answers on saparete sheet antl ettach to green sheet INITIATING PPOBLEM, ISSUE, OPPORTUNITY (Who, Whet, When, Whare, Why) ADVANTAGESIFAPPROVED' DISADVANTAGES IFAPPROVED: n idY' ,o'.d A:�:.. 3.J�s ��Iti � � #�� i DISADVANTAGESIFNOTAPPROVEO: TOTAL AMOUNT OF TRANSACTION $ COST/HEVENUE BUDGETED (CIRCLE ONE) YES NO FUNOING SOURCE ACTIVITY NUMBER FINANCIALINFOFiMATION:(EXPLAIN) CITY OF SAINT PAUL Nomi Colnnan, Mayo� December 9, 1994 Dale A. Sweno 345 St. Peter Street Saint Paul, Minnesota 55102 RE: In re the Licenses fo Arbucle's Baz & Grill License ID No. 11089 Dear Mr. Sweno: Please take concerning January 1 994 Ramsey County C� lqRs OFFICE OF THE CITY ATTORNEX � T'+moUry E. Mar,S Ciry Auomey �� q5-�8 400 Cuy Ha11 Telephone: 612 266-87I0 IS Wec KeAogg Blvd Fac.amile: 612 29&5619 Sabu Pau1, Mbu�ewta SSIO2 6tice that a hearing on the report of the Administrative Law Judge �-mendoned establishment has been scheduled for 3:30 p.m., the City CouncIl Chambers, Third F'loor, Saint Paul City Hall and You haue the opportunity to file exceptions to the report with the Nancy Anderson, City Council Reseazch Center, at any time during normal business hours. You may also present oral or written argument to the Council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the azguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgment and discretion. Very Truly Yours, �� JANET A REITER Office of the City Attomey cc: Robert Kessler, D'uector LIEP �� :,#'_da�'i.rs: a`^y�` a....:z?,1��. � � V �. :� ;w�� s Notice of Hearing Dale A Sweno December 8, 1994 Page 2 cc: Kristine Rozek LIEP Doug Thomson Attorney for Licensee Lt Nancy DiPema SN Nancy Anderson City Council Mary Nelson, Community Organizer District 17 Community Councii q5-9� PETER I.ORLINS MICHAEL J• IANDON of CounseL• RICfIARD A. MOSMAN, Ltd. ORLINS LAW OFFICE .4TCORtiEY5.4T L4W 6O4 RICIif7ELD BA1K BtiILDING 6O25 LY�DA[,E AVEV GE SOliTH RICHFIELD. Mi]SESOTA $�42$-2$9O December 2, 1994 St. Paul City Attorney Attn: Ms. Janet Reiter 400 City Hall 15 W. Kellogg S*. P3u1, MN 55102 RE: In the matter o£ License of Arbuckle's Bar & Grill, Inc. and C.J. Truck Rental Dear M. Reiter: 95 TELEPHONE (612) 861-3331 FAX: (612) 861-1302 /�u� /'�� ,�{ � r.-.`S3 �.._.! c � ..o � � �; C 5 1994 °•.b t Lo �' i� : 4 + , t*.; 'i.4� _ . .'C! F.y,. , e. Enclosed herein and served upon you by mail is Findings of Fact, Conclusions of Law and Recommendation in the above captioned matter. 5incerely yours, Aicha� Mosm�a�� Attor ey at Law RAM/bm Enclosure 95-q� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS I±UMBER 62-2101-9241-3 FOR THE CITY OF ST. PAUL In the matter of License of Arbuckle's Bar & Grill, Inc. and C.J. Truck Rental FINDINGS OF FACT, CONCLUSIONS OE LAW AND RECOMMENDATION The above entitled matter came on for hearing be£ore Richard A. Mosman, Administrative Law Judge, commencing at 9:30 a.m. on November 22, 1994, room 40B, St. Paul Courthouse, St. Paul, Mannesota. The record was closed at 11:00 a.m., Noveiaber 22, 1994. Janet Reiter, Assistant City Attorney, City of St. Paul, 400 City Hall, 15 West Rellogg Boulevard, St. Paul, Minnesota, 55102, appeared on behalf of the City of St. Paul. Douglas Thompson, Esq., 345 St. Peter Street, St. Paul, Minnesota, 55102, appeared on behalf of the licensee, Arbuckle's Bar & Grill, Inc. and Dale Sweno, also present. This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision. After a review of the record, it may aao��t, reject or modify the Findings of Fact, Conclusions of Law ard Recommendation contained herein. Parties sh,ould contact Alberto Quintela, Jr., City Clerk, St. Paul City Council, 286 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting arguments. STATEMENT OF ISSUES The issue in this proceeding is whether the licensee, Arbuckle's Bar & Grill, Inc., should be subject to adverse action for failure to pay second half payment of On Sale Intoxicating Liquor License fee due May 1, 1994 and for failure to promptly provide documentation of Liquor Liability Insurance Coverage upon expiration, with a one day lapse of coverage, all in violation of a St. Paul Legislative Code Section 409.05 and 409.065. Based upon the testimony presented, arguments of counsel, and documents and proceedizgs herein, the Administrative Law Judge makes the following: FINDINGS (JF FACT 1. Arbuckle's Bar & Gri?1, Inc. and C.J. Truck Rental is the holder of License #11049, Restaurant and On Sale Liquor Sale for the time period October 31, 1993 - October 31, 1994. The license is located at 374 St. Peter Street, St. Paul, Minnesota, 55102. Q5 �S 2. The licensee was sent a Notice of Hearing by U.S. mail at the license premises on October 20, 1994 for failure to pay second hal£ On Sale Intogicating Liquor License fee due May 1, 1994, as required by 409.05(b), St. Paul Legislative Code. 3. The licensee was sent a Notice of Hearing by U.S. maii at the licensed premises on November 4, 1994 regarding failure to maintain Liquor Liability Insurance Coverage in accordance with Section 409.065, St. Paul Legislative Code. 4. The licensee failed to pay the second half of the Intoxicating Liquor License fee due May 1, 1994. The license was up for renewal october 31, 1994. The amount of the second half fee is $2,715.30, plus late fee at the time of the hearing of $775.80. (City Exhibit 12) 5. On August 29, 1994, Richard Jents, License Inspector, Office of License, Inspections and Environmental Protection, City of St. Paul, issued a"ticket" to Dale Sweno on behalf of the licensee, for "failure to pay second half of Liquor License.�� 6. On october 31, 1994, the Liquor Liability Insurance Coverage on the licensed premises expired. The office of License, Inspections and Environmental Protection, City of St. Paul, received notice of the expiration November 1, 1994. 7. That afternoun of November 2, 1994, Ms. Christina Van Horn, Senior License Inspector, personally delivered notice upon the licensed premises to cease doing business for failure to maintain Liquor Liability Insurance Coverage as required by statute. (City Exhibit No. 13) 8. At approximately 2:00 p.m., November 2, 1994, at the @irection of Ms. Van Horn, the St. Paul Police asked one patron to leave and closed the premises. 9. At approximately 4:30 p.m., November 2, 1994, the licensee delivered to the City of St. Paul, a Certificate of Liquor Liability Insurance effective November 2, 1994 to November 2, 1995. 10. Dale Sweno, testified that he is the managing officer of the licensee for Arbuckle's Bar & Grill. He was aware of the expiration of the Liquor Liability Insurance Coverage on October 31, 1994 and because of his inability to get documentation for the new coverage, he closed the operation of Arbuckle's Bar & Grill on November 1, 1994. He indicated that he had obtained coverage and was in the process o£ obtaining documentation of substitute coverage at the time that the City had the premises closed. 11. Mr. Sweno testified that he fully intended to pay all license fees in connection with the operation of the licensed premises for 1994 but had not done so at the time of the hearing. q5-�� 12. The licensee failed to pay the second half license fee due May l, 1993 until October 1, 1993, at which time the city forgave at least a portion of late fees due £or 1993. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the £ollowing: CONCLUSIONS OF LAW 1. The St. Paul City Council and the Administrative Law Judge has jurisdiction in this matter pursuant to Minn Stat § 14.55 and 340A.415 and St. Paul Legislative Code § 310.06. 2. The City of St. Paul has fulfilled all of the relevant, substitive and procedural requirements of law and rule. 3. The St. Paul Legislative Code, Section 310.06, revocation; suspension; adverse action; imposition of conditions. Provides in pertinent part as follows: "(B) Basis for action. Such adverse action may be based upon one (1) or more of the Eollowing reasons, which are in addition to any other reasons specifically provided by law or in these Chapters: (6) a. The licensee or applicant --- has violated, or performed an�� act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; c. The licensee or applicant --- has engaged in or permitted a pattern of practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an inference of lack of fitness or good character may be drawn. (7) The activities of the licensee and the licensed activity created or have created a serious danger to the public health, safety or wel£are, or the licensee performs or has perfornced his or her work or activity in an unsafe manner." 4. The failure to pay a license fees to the City is a violation of an ordinance or regulation reasonably related to the licensed activity upon which the City Council can base adverse action in accordance with Section 310.06(b)(6)a. 5. The licensee's late second half payment of license fees in 1993 and 1994, until his license must be renewed, is an activity reasonably related to the licensed activity and which is a pattern or practice of conduct that reflec±s on the licensee�s fitness and q5-�� good character as well as his business practices under Section 310.06 (b)(6)c. 6. The licensee is in violation of St. Paul Legislative Code 409.05 (b) License Fees, On Sale; Semiannual Installments. At the time of the hearing, payment of the second half fees were more than 6 months delinquent. This pattern of delinquent payment extends now for two consecutive years and reflects poorly on the business practices, fitness and character of the licensee. 7. The City did not implicitly agree to late payment of the licensee's second half £ee in 1994 when it accepted the late payment in 1993 and forgave a portion of the late charges accrued. The fact that the ordinance provides for late £ees is not a limitation on adverse action the City Council is authorized to take. 8. St. Paul Legislative Code Section 409.064, Insurance Requirements, reads in pertinent part as follows: ��No license under this chapter may be issued maintain or renewed unless the licensee or applicant therefore complies with the insurance requirements imposed by Minnesota Statutes 3ection 340A.409 --- " 9. Minnesota Statutes 340A.409 Liability Insurance, reads in pertinent part as follows: "1. Insurance Required. No retail license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by Section 340A.801 --- " 10. Minnesota Statutes 340A.409 place an obligation upon the applicant to ��demonstrate" his financial responsibility. The licensee failed to provide evidence to the licensing authority of financial responsibility in a timely manner when the previous coverage expired. 11. Closing the operation of the license premises on November 1, 1994 after the expiration of coverage and before obtaining replacement coverage does not comply with the requirements of the Statute or Legislative Code. 12. Allowing the Liquor Liability Insurance Coverage to lapse without obtaining coverage to prevent a lapse of coverage shows poor business practice directly related to the conduct of the licensed activity. Based upon the foregoing Conclusions of Law, the Administrative Law ,�udge makes the following: q5-�� RECOMMENDATIONS IT IS RESPECTIVELY RECOMMENDED that the St. Paul City Council take the following adverse action against the licenses held by Arbuckle's Bar & Gri11, Inc. and C.J. Truck Rental. 1. That license r�lla89 be suspended for a period of four (4) days. a. That licensee be given credit for one (1} day of suspension for being closed by action of the City November 2, 1994. b. That imposition of two (2) days of the suspension be stayed for a period of one {1) year, November 1, 1994 - October 31, 1995, condition upon compliance with all conditions/restrictions placed by the City Council upon said license. 2. That a Condition be imposed upon the renewal, November 1, 1994 - October 31, 1995, of Iicense, #11089 as follows: "Payment of all license fees shall be made promptly and in accordance with St. Paul Legislative Code Section 409.05. Failure to pay any Iicense fee or part thereof within forty five (45) days of due, shall be considered a violation of this condition of the license." 3. That the licensee pay all license fees together with late charges due and owing within thirty (30) days of City Council Action. Dated• �..P�lq�l,y -�� ,`��i�l�-�----.� Richard A. Mo an Administrat� Law Judge l NOTICE Pursuant to MSA § 14.62 Subd. 1, the City Council is requested to serve its final decision by first class mail upon each party and the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota, 55401-2138. Record: The proceedings were tape recorded. q5 -�� MEMORANDUM The ALJ has found that for two years running this licensee has refused or neglected to pay the second half o£ the license fee, for at least 6 months, until he was required to do so in order to renew his license. This clearly indicates he either ignores the requirements of the license, does not feel that the late charge is a sufficient motivator or he simply has poor business and £inancial management of his operation. In any event, the City Council should recognize this pattern of behavior and encourage the licensee to institute better money management procedures or require him to recognize the requirements of the law. Imposing upon the licensee a specified payment period with the threat of a suspension as a penalty will hopefully resolve this problem, both for the licensee as well as the City. The fact that the licensee allowed his Liquor Liability Insurance Coverage to lapse without making earlier arrangements for either renewal or substitution suggests a lack of attention to detail in the operaticn of his business. Closing his business during the one day lapse in his coverage was prudent considering the potential for liability under the Dram Shop Statute. Closing his business was self defense, a necessity made necessary by his awn failure to anticipate and take precautionary measures earlier in the policy life. Closing his business, however, does not cure him of his legal responsibilities to maintain insurance coverage during the period of his license. The insurance coverage obtained by the licensee was in effect on November 2, 1994 when the City closed his business. It was the licensee's own failure to provide documentation that made the action by the City necessary. The inspectors acted in good faith at the time they closed the licensed premises based upon the information the licensee had provided. The licensee should, however, get credit on any suspension imposed by the City Council for being closed November 2, 1994 when he actually did have insurance coverage to operate his business. Once they had received verification of coverage on November 2nd, the licensing authority could have and should have made effort to contact the licensee, in order to allow him to reopen his establishment. Most of the licensee's more productive hours are the evening hours and he should have been allowed to utilize them under the circumstances. 0 q5-� PETER I.ORLINS MICHAELJ.LONDON OC CULLIISEI: RICHARD 4 MOSMAN, Ltd. oiu.irrs r.Aw o�ic� A770A�EYS AT L9li' GOA RlCHFIELD BASK BCILDISG 662$ Li'�DALE AVEV [;E SO[:7'H RICHFIELD,MS\VESOTA�$4Z$-Z39O TELEPHONE (612) 861-3331 FAX: (61?) 861-1302 December 2, 1994 State of Minnesota Office of Administrative Hearings 100 Washington Square Suite 1700 Minneapolis, MN 55401-2138 RE: In the matter of License of Arbuckle's Bar & Grill, Inc. and C.J. Truck Rental Dear Sir/Madam: Enclosed herein is my Findings of Fact, Conclusions of Law and Recommendation in the above captioned matter. Sincerely yours, RAMjbm Enclosure �--. ichar A. Mosman Atto ey at Law CITY OF SAINT PAUL Norm Cokman, Mayor �t. ��-y-q�{ November 4 , 1994 OFFICE OF THE CITY ATI'OR:�'EY `O TimothyE. Marx, Cin�Aaomey �5 cMr nNU�on a00 Ciry' Hall Telepl+onc 612 266�710 IS Wec KeUogg Blvd Facdmile 612 ?98-56I9 Saint Pau{ M+nnuom 55701 RECEIVED NOV 4 - 1994 C4TY CLERK Dale A. Sweno Arbuckle's Bar & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, Minnesota 55102 Re: In re the Licenses of Arbuckle's Bar & Grill License ID No. 11089 Dear Mr. Sweno: AMENDED NOTICE OF HEARING �v�'�'�`t :y;�;:�:��`3 ��" i4�'�t : ° 1994 --___�__� .,-_., _ . -- .—, ;--�'; This notice amends the previous Amended Notice of Hearing dated, October 20, 1994. This is to notify you that in addition to the charges asserted in the October 20, 1994 Amended Notice of Hearing, additional evidence will be presented to the judge as follows: On November 1,1994 the City of St. Paul received notice that you have failed to maintain your Liquor Liability Insurance, policy #LAMN385941, as required by section 409.065 of the St. Paul Legislative Code. That section states that no license shall be maintained unless the licensee or applicant complies with the insurance requirements mandated by Minnesota State law, section 340A.409. The City did not receive a certf£icate of insurance until late in the a8emoon on November 2, 1994. There has been a one and a half day lapse in your insurance coverage. All other information provisions set forth in the previous Notice of Hearing regarding tbe remains in effect. You aze reminded that if you thing this matter can be resoived or settled without a formal hearing, please contact or have your attomey contact the undersigned. ff a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Iaw Judge for incorporation into his or her recommendation for Council. If you fail to appear at the bearing, the allegations against you which have been stated may be taken as true and your ability to challenge them forfeited. q5-q� Very truly Yours, ��h�%xr/i G( • J�� JAIdET A. RETTER Office of the C�ty Attorney cc: Doug Thomson Attorney for license bolder Robert Kessler LIEP Lt. Nancy DiPema Vice Unit Alberto Quintela, Jr. CYty Clerk Richard A. Mosman Office of Administrative Hearing Mary Nelson Community Organizer, District 17 Community Council a � CITY OF SAINT PAUL Norm Colemw�, Mayor October 20, 1994 Dale A. Sweno Arbuckle's Bar & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, Minnesota 55102 Re: In re the Licenses of Arbuckle's Bar & Grill License ID No. 11089 Deaz Mr. Sweno: F -L�� Telepi�ne: 6I2 2668710 Facsir+:ile: 6I2 298-56I9 AMENDED NOTICE OF HEARING This notice supplants the previous notice dated October 18, 1994. This is to notify you that a hearing will be held concerning all the licenses heid at the premises stated above at the following date, tune and place (note change in date): Date: November 22, 1994 'L�me: 9:3Q am. Place: City Hall/Court House, Room 40-B 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 The judge wiil be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard A. Mosman, Administrative Law Judge Office of Administrative Hearings Suite 1700 100 Washington Square Minneapolis, Minnesota 55455 Telephone: (612) 861-3331 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter OFFICE OF THE CITY ATTORNEY Timothy E. Mar.S Ciry Auomey Civi1 Diviupn 400 Ciry Hall ZS Wec Kellogg Bivd Saint Pau� M+nnesota SSIO2 ■ - In re licenses of Arbuclle's Bar & Grill, Inc. City's Esttibit # 1 a5 -� � 310, including sections 310.05 and 310.06, of the Saint Paul Legisiative Code. In the case of license for intoxicating and non-intoxicating liquor, autbority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, �nes and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: You have failed to pay your second half on-sale intotacating liquor license fee as required by section 409.45 (b) of the Saint Paul Legislative Code. That section requires that the second payment is to be made within six (6) months from the date of renewal of the license. The date of renewal of the license for Arbuckle's was 10-31-93, and the second half payment was due on or before March 31, 1994. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the city's attorney may cross exanune. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial or occupants of property located in close pro�cimiry to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following tbe hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formai hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, thai stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them . , q5 -�� forfeited. If non-public data is received into evidence at the hearing, it may become public unless ohjection is made and relief requested under Minnesota Statutes, secuon 14.60, subdivision 2. Very Truly Yours, (�t• +[IK�-C.�. ANET A REITER Office of the City Attomey cc: Doug Thomson Attomey for license holder Roben Kessler LIEP Lt. Nancy DiPema Vice Unit Alberto Quintela, Jr. City Cletk Richard A. Mosman Office of Administrative Hearings Mary Nelson Community Organizer, District 17 Community Council Notice of Hearing Page 3 � j• STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERYICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 20, 1994, she served the attached Amended Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Dale A. Sweno Arbuckle's Bar & Gri11, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, MN. 55102 which is the last known address same, with postage prepaid, in Paul, Minnesota. of said person) and depositing the the United 5tates mails, at St. Subscribed and sworn to before me this 2oth day of October, 1994. � � � t� ' / �� . .i, . . BELVA J. F�OYD NpTppY PUgIJC-HINNESOTA RAMSEY COUNTY M!' WM4135bN E7�IPF8 a&98 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 10� Washington Square, Suite 1700 1 �0 Washington Avenue South Minneapolis, Minnesota 55401-2138 q5 ��i��(�f�� .S :a,.��. N -�� r� � U dJJ7 P December 5, 1994 Janet Reiter Assistant City Attorney 400 City Hall 15 W. Kellogg St. Paul, Minnesota 55102 >'� � :" M' :� i"�r ; � a �»;.. "�`` : i'..��,`Sf ¢ 'J] a � - A. �� Re: In the Matter of the License of Arbuckle's Bar & Grill, Inc. and C.J. Truck Rental; OAH Docket No. 62-2101-9241-3 Dear Ms. Reiter: On December 2, 1994, Administrative Law Judge Mosman served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled case. Enclosed is the official recerd. The duplicate tape recording of the hearing will follow at a later date. Our file in this matter is now being closed. Very truly yours, nt Enc. `l�IGeLG'c:G `�� • 6ad�G�� NANCY M �THQMAS Docket Clerk Telephone: 612/341-7615 Providing Impartial Hearings for 6overnment and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 e Fy�c No. (612) 349-2665 g5-gg STATE OF COUNTY OF HENNEPIH AFFIDAVIT OF SERVICE ) ) ss ) Barbara Maurer, of the City of Richfield, County of State of Minnesota, being duly sworn, says that on the December, 1994, she served the annexed FINDINGS CONCLUSIONS OF LAW AND RECOMMENDATION on: Arbuckle's Sar & Gri11 c/o Douglas Thompson Attorney at Law 345 St. Peter Street 5t. Paul, MN 55102 Hennepin, 2nd day of OF FACT, St. Paul City Attorney c/o Janet Reiter Assistant City Attorney 400 City Hall 15 W. Kellogg St. Paul, MN 55102 the attorneys for Arbuckle's Bar & Grill and the City of St. Paul, in this action, by mailing to said attorneys a copy thereof, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Richfield, Minnesota directed to said attorneys at the above addresses, the last known addresses of said attorneys. � CX.a- �1 Ck,� GL 7�.fl.L�..�,�,-`� ,� � 5ubscribed and sworn to before me this� day of ,f��_� ; 1994 � �� i Pt�ry Public , � �mi�e.�,�.u.� e..�.�os.� �.— ,\ eu,:e � � ��`,�� %: � 2 '� ;:`;- ..."-�r`.:.��i r`. �. . , , ". � fdY .r.C^'=is�.m ..xP¢a. .,. . , 4'd'�.ai�+tl$bV`oJhP6�'s+SOd^bNs'd"?P�G"ESPev^m�c CITI' OF SAINf PAUL Norm Cokmaq Mayo� I�Tovember 4 , 1994 Dale A. Sweno Arbuckle's Baz & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, Minnesota 55102 OFFSCE OF THE CITY ATTOR\'EY Timoth}�E. Malx, CiryAuomey Civil Division 400 C+ry Hall l5 Wett Xellngg Btvd Sanu Pau7 Mlnnecora SS102 45 -�� TelepFwne: 6I2 266�8770 Facsimile.' 612 298S6I9 AA�IEr�ED �'OTICE OF HEARING Re: In re the Licenses of Arbuckle's Bar & Grill License ID No. 11089 Dear Mr. Sweno: T`his notice amends the previous Amended Notice of Hearing dated, October 20, 1994. This is to notify you that in addirion to the charges asserted in the October 20, 1994 Amended Notice of Hearing, additional evidence will be presented to the judge as follows: On November 1,1994 the City of St. Paul received notice that you have failed to maintain your Liquor Liability Insurance, policy #LANIN385941, as required by section 409.065 of the St. Paul Le�slative Code. That section states that no license shall be maintained unless the licensee or applicant complies with the insurance requirements mandated by Minnesota State ]aw, section 340A.409. The City did not receive a certificate of insurance until late in the afternoon on November 2, 1994. There has been a one and a half day lapse in your insurance coverage. All other information provisions set forth in the previous Nouce of Hearing regarding the remains in effect. You aze reminded that if you thing this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reacbed as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council. If you fail to appear at the hearing, the allegations against you which have been stated may be taken as true and your ability to challenge them forfeited. � —� � In re licenses of ArUuckle's Bar & Grill, Inc_ — City's Exhibit # 2 � Very truly Yours, ��a.ua/ G� • 11'�,uitz_ JAI�TET A. RETTER Office of the City Attorney cc: Doug Thomson Attorney for license bolder Robert Kessler LIEP Lt. Nancy DiPema Vice Unit Alberto Quintela, Jr. City Clerk Richard A. Mosman O�ce of Administrative Hearing Mary Nelson Community Organizer, District 17 Community Council �5-q� `�.� "`7� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CI,EMENTS, being first duly sworn, deposes and says that on November 4, 1994, she served the attached Amended Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Dale A. Sweno Arbuckle's Bar & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street St. Paul, MN. 55102 which is the last known address same, with postage prepaid, in Paul, Minnesota. of said personj and depositing the the United 5tates mails, at St. Subscribed and sworn to before me this 4th day oP November, 1994. /�-J� � �!��cl/ No ary Publ c BELVA d. FWYD NOTMY P�TA R1Y fAM� �1 f77��qE3 a.e�98 Lic ID ................... STAT.................••-- Business Nane............ Doing Busir_ess As........ Address .................. Zip ...................... Exp Date ................. License Na*ne ............. I�T� 1 E P,12EA . . . . . . . . . . . . . . 11089 Ac (� F ,Q� A.�BUCKLE'S BAR & GRILL INC & C J TR UCK RENTAL P�BUCXLE'S BAR & GRILL 374 ST FETER ST 55102 10/31/94 RESTAURAN^t 14HRS TO 99 SEATS-B SUNDAY ON SALE LIQUOR LIQ-Oi3 SALE-100SEATSJLESS-C INSF ^ CTOR CHANGE FROM RICi3 TO DENZ7ER - 1( 6 f 92 i2oii 031588 PH ON APPN TO 1RPR ON SALE LIQ, SUNDAY ON S A?,E LIQ & 3EST. LIC FROM C& J TRUCK RLNTAL, INC. LAYED OVE� 1 W�'EK 032288 " " " APP'D C.F. 8$-403 1/22/91--�ESOLUTION SIGATED BY BOB KESSLER DELETING OrFICERS GREGORY LETOURNEAU AND �ERRE LETOURN�U P E� L�TTER DATED 11J23j90--L.K. 011091 PH ON APPN T� 3ENEW ON SALE LIQUOR C, SliNDA Y, & RESTAli�ANT B LIC°NSE - WITHDRAWN DUE TO TAX D tNIAL REC'D 010991 FROM THE STATE OF MINNESOTA 011891 RENEWAL PAPERWORK TO KRIS - PAPERWORK WAS R ETURT��ED TO THE LICENSE DIVISION BY BARLEATE FROM TH E CITY ATTORNEYS OFFICE ON 5(13/91 BUT RENEWAL WAS AiEV�R SE?�TT BACK TO COUNCIL FOR APPROVAL. N E E D S C 0 U N C I L A P P R 0 V A L. JO 021291 CIT'Y ATTY ANIVOUNCED 3j6/91 AS PUBLIC Hr.ARIN G DAlE BEPORE ADMINISTRATIVE LAW JUDGE 031992 REPORT OF ADNIN LAW JUDGE SCHEDULED TO B� H EARD BY CITY COLTATCIL - WITHDRAWN Bond Policy Number....... Bond Company ............. Bord Effective Date...... Bond Expiration Date..... znsurance Carrier........ Tns. Policy Nunber....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. Dealer No ................ Tax ................... Worker Comp Exp Date..... Telephone ................ ACCEPTANCE INDEMNITY LQMiV385941 02/22/94 10/31/94 CAROL LI'1VCH 2000630 O1/04J94 227-9396 I hezeby certify ihat this is a true and exact copy of the records of the Office of License, Inspections and Environmental Protection for Arbuckle`s Bar & Grill Inc & C J Truck Rental Doing Business As Arbuckle's Bar & Grill at 374 St. Peter Street, Saint Paul, Minnesota, 55102. � � ��.1 Christine A. Rozek, L' ense Manager State of Minnesota County ot Ramsey � Notary: dj. F.xn � / /.+i �s,.._ .� • s JANET L IEVASSEUR �/ NOTARY WBLIGMINNESOTA � �� ' n re icenses o N uc e s ar , nc• L � (JctSS� City's E�thibit # 3 — q5 -qg � �io.as Sec. 310.05. Hearing procedures. LEGiSL<_TR� CODE licensee, and shall present to tbe council �:itten fmdings of fact and conclusions of la�v, toaether K�ith a recor•7mendation for adve: se action. !a) Adierse octiorz; notice ¢nd hecring ; eqr�ire- ments. In any case where the councl nav or ir- tends to consider any adverse acrioa, including the revocation or suspension o£ a license, the im- position of conditions upon a license, or the denial of an applicztion for the grant isuaace, renewal or transfer of a license, or the disznprocal of a license issued by the State of �tisr.esota, the ap- plicant or licensee shall be gicen no:ice and asi opportunity to be heazd as provide3 �erein. Tbe council may consider such adverse accions when recommended by the in=pector, by the dizeccar by the director of any executive depar.ment estab- lished pursuant to Chapter 9 of the Ch2r,er, by the city attoraey or on its ow-n initiative. ib) Notice. In each such case where ad�*e-se ac- tion is ar w-ill be considered by the council, the applicant or licensee shall have been notiied in �y that adverse action may be tAken against the license or application, and that be or she is entitled to a heazing before action i; taken by tbe council. The notice shall be sen•ed or mailed a reasonable time before the hearing date, and shall state the place, date and time of t�e bearing, The notice shall state the issues incolced or g:ounds upon k�hich the adverse action may be sought or based. The council may request that such �rritten notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hearing. Where there is no ui=_pute a� to the facts underl}�ing the violation or as to the facts establishing mitigating or aggra�•ating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing examiner appointed by tbe council or retained by contract with the city for that puzpose. The applicant or the licensee shall be provided an opportunity to present evidence and azgument as well as meet adverse testixnony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or e�zdence or otherwise participate in such hearing. (ai) Procedure; hearinge�miner. Thehearing examiner shall heaz all evidence as may be pre- , sented on behalf of the city and the applicant or Supp. No. 26 The council shall consider the ecidence con- tained in the record, the hearing esa.miner's rec- ommended findings of fact and conclusions, and shail not consider any factual testimony not pre- viously submitted to and considered by the hearing exaruiner. Aiter receipt of the heazing exasniner's findings, conclusions, and recommendations, the council shall pro��ide the applicant or licensee an opportunity to present oral or u azguments alleging er:or on the part of the exzminer in the application of the law or interpretation of the facts, and to present azgument related to the recom• mended adverse action. Upon conciusion of that hearing, and after considering the record, the ex- aminer's findings and recommendations, together with such additional azguments presented at the hearing, the council shall determine what, if any, adcerse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclusions and *ecommen- dations of the hearing examiner. (c•2) Ex parte contacts. If a license matter has been scheduled for an adverse hea.-ing, council members shall not discuss the license matter with each other or � any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final delib- erations of the matfez. (d) Licensee or applicant may be represenied. The licensee or applicant may represent himself or choose to be represented by another. (e) Record; eaidence. The hearing examiner shall receive and keep a record oF such proceed- ings, including testimony and exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probativg value commonly accepted by reasonable and prudent per- sons in the conduct of their affairs. ` (fl Council action, resoiution to cont¢in find- ings. Where tbe council takes adcerse action with respect to a licenee, licensee or applicant foz a license, the resolution by which such action is taken shall contain its fmdings and determina- tion, including the imposition of conditions, if any. � 2032 • re licenses of Arbuckle's Bar & Grill, Inc• City's Exhibit # 4 I � � -a� �, LICE\SES § 31C.05 The council may adopt all or pa � of the findings, conclusions and recommendations of �e hearing examiner, and incorporate tbe sune in ;ts resolu- tion taking the adverse accion. !g) Additiorzal procedures u;here reouzred. �'v�ere the provisions of 2r.y starzte or ordinance require additional notice or hearing p-ocedures, such procisions shall be complied with and shall supersede inconsistent p;o��isions of tbe�e chap ters. This shall include, �-ithout limitation by reason of this specific re�erence, '�4innesota Stat- utes, Chapter 364 and \Si*u�esota S;ar;.tes, Sec- tion 340A.415. (h) Discretion to hecr notuithstanding uith- dramal or surrender o f cppliccrian or izcense. 'Pbe council may, at its disc*etion, conduct a hearing or direct that a hearing be held regarding revoca- tion or denial of a license, notR that the applicant or licen=ee has actempte3 or pur- ported to k-ithdraw or surrender said license or application, if the attempted �rithdrau�al or sur- render took place after the applicant o: licensee had been notified of the hearing and potential ad- � action. (i) Continuances. GVhere a hearing {or the pur- pose of considering revocation or suspersion of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be g:anted by the council president or by the council at tbe re- quest of the licensee, license applicant, an inter- ested pereon or an attorney representing the fore- going, upon a show-ing of good cause by the party making the request. (;) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepazed by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licensee shall be respon- sible for taking reasonable steps to make sure the notice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds £'or further ad- verse action. (k) Imposition of costs. The council may impose upon any licensee or license appiicant some or all Supp. No. 26 of the costs of a contested hea-ing before an inde- pendent hearing examiner. The costs oP a con- tested hearing include, but are not limited to, the cost of the administratice law judge or indepen- dent hearing examiner, stenoa aphic snd re- cording co=_ts, copping costs, city st2�and a�torney time for which adequate rewrds ha��e been kept, rental of rooms and equipment necessary for the heazing, and the wst of ea-pert �; The council may impose all or part of such cost� in any given case if !i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad fzith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or invoh�ed ��iolence or the threat of violence by the licensee or emplo}�ees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, and,'or the circum- stances under which the �zolation occur*ed �•ere aggravated and serious; (iii) the ��iolation created a serious danger to the public health, safety or welfaze; (iv) the ��iolation involved unreasonable risk of hazm to vulnerabie persons, or to per�ons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee �i�as su�ciently in control of the �ituation and there- fore could have reasonably avoided the ��iolation, such as but not limited to, the nonpayment of a required fee or the failure to rene�� required in• surance policies; {vi) the ciolation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Impositiorz of firzes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the pazticular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. To the extent any other provi- sion of the Legislative Code provides for the im- position of a t`ine, both provisions shall be read together to the extent possible; pravided, how- ever, that in the case of any conflict or inconsis- tency, the other provision �hall be controlling. (Code 1956, § 510.05; Ord. ?Qo. 1i551, § 2, 4•19•SS; Ord. No. 1�559, §§ 1, 2, 5•17•88; Ord. No. 17659, 2033 § 310.05 �5 LEGSSL4TRB CODE § 1 6-I3-89; Ord. \ o. 17911, § 1, 3-i0-92; C.F. ti o. 94-?6 § 7, 2•2-94; C.F.'.vo. 94-8°8, §§ 2, 3, ,-13-9?? Sec. 310.06. �ecocation; suspension; adverse actions; imposition of conditions. ia) Counczl may take odverse ackon. The council is authorized to take adcerse actioa. � de�,ned in section 310.01 above, agair.st 2ny or a11 licenses or permits, licensee or applicant :or a license as provided in and by these chapter<_. �d�-erse ac- tions against entert,ainment licenses i;sued under Chapter 411 of the I.egisiative Coce mz�• be ir.i- tiated for the reasons set fo:�h in subsec:ion �b'1 below, or upon any lac�-ful ground� �shich a-e com- municated to Lhe license holder in �c*itir.g p:zo: to the hearing before the council. Suc� accions shall be initiated and carried out in acco*dance u-ith the procedures outline in section 310.Oo; provided, however, that the formal notice of hearig shall be used to initiate the adverse actior. � :�e use of prior procedural steps. ib) Basis for ¢ctiorz. Such adverse action nay be based on one (1) or more of tbe follocring:easons, which are in addition to any other reason specif• ically pro��ided by law or in these chapte:s: (1) The license or permit was procured by mis- representation of mate:ial facts, fraud, de• ceit or bad faith. (2) T'he applicant or one (1) acting in his or her behalf made oral or tcritten misstatements or misrepresentations of mzterial facts in or accompanyiug the applicztion. ;3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed do not comply �cith appliczble health, housing, fire, zoning and building codes and regulations. (4) The license or pem,it was issued in viola- tion of law, without authority, or under a material mistake of fact. tb) The 13censee or applicant has failed to compiy u2th any condition set forth in tbe license, or set forth in the resolution granting or renewing the license. -% (6) a The licensee or applicant (or anyperson �•hose conduct may by law• be i.�puted to the licensee or applicznti has �io- lated, or performed any act which is a ciolation of, any of the p:o�zsion<_ of zhese chapters or of any statute, o*di- nance or regulation reasonably rela�ed to the ficensed acti� regazdless of tchether criminal cha*ge; ha��e or ha��e not been brought i� connection there- u-ith; b. The licensee or applicart has been con- �zcted of a crune that may disqua!iic said applicant from holding the licerse in question under the �tandazd=_ and procedures in Minnesota Statute; Chapter 364; or a The licensee cr applicant or any perscn whose conduct may by law be imputed to the licensee or applicant) has en• gaged in or permitted a pattern or prac- tice of conduct of failure to comply w-ith laws reasonably related to the licensed activity oz from w�hich an inference of lack of fitness or good chazacter may be dravcn. (7) The activities of the licensee in the licensed aetivity created or have created a serious danger to the public bealth, safety or wel- fare, or the licensee performs or has per- formed his or her u�ork or activity in an unsafe manner. (8) The licensed business, or the way in .��hich such business is operated, maintains or per- mits canditions that unreasonably annoy, injure or endanger the safety, health, morals, comforE or repose of any consider- able number of inembers of the public. S9) Failure to keep sidewalks or pedestrian. ways reasonably free of snow and�ice as required under Chapter 114 of the Saint Paul Legislative Code. " (10) 3'he licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limitad to, ac- tions meeting the definition of criminal sexual conduct pursuant to Minnesota Stab �� Supp. No. 26 2'�34 q�-q8 . �. �. ✓ ;.ICE\SES � 3:Q06 utes Sections 609.3�2 through 609.3451; sexual abuse, ph} abuse or maltreai- ment of a chiId as defined in Minnesota Stat- utes Section 626.�56, =_ubdivisieas 2 and 10e, including, but aot limiied to zcts which constitute a ��iolation of '�Zinnesota Stat- utes Sections 6Q9.02, subdic;sion 10; 609.321 through 609.3�51; or 61;.246; ne glect or endangermeat of a child a; defined in Minnesota Statuies Se�aon 626.557, sub- division 2; the m�aufarure, dis:ribution, sale, gi£t, delivery, � ansportation, eachange or barter of a controlled =_ubstance as de- fined in ?vlinnesota $tatutes Chapter 152; the possession of a controlled substance as defined in?vIinneso;a Statt:tes Chapter 152 in such quantities or under circumstances giving rise to a rezsonable inference that the possession u�as :or t�e purpose of sale or distribution to others; or by the abuse of alcohol or other drug;, that such licensee or applicant is not a person of the good moral chazacter or fitness required to en�e in a licensed activity, business or profession. (11) T'he licensee or applicant has materially changed or permitted a iaaterial change in the design, construction or configuration o£ the licensed premises �cithout the prior ap- proval oFthe city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or vrithout fust having ob- tained the proper building permit=_ from the city. The terms "licensee" or "applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether a� a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which aze li- censed or proposed to be licensed. With respect to any license for activities entitled to the protection of the First Amendment, not- withstandingthe foregoingprovisions, neither the lack of good moral chazacter or fitness of the lic- ensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. Supp. No. 26 (c) Imposition of reasoncble conditions and.'or restricrions. �TJhen a reasonable basi=_ is iound to impose reasonable conditions and'or re=trictions upon a license issued or held under these chap- ters, an� one (1) or more such reaonable condi- tior.s and�or restrictions may be imposed upon such license for the purpose oFpromoting public health, safety and welfaze, of adcancing the public peace and the elimination of conditions or actior.s tha't constitute a nuisance or a detriment to the peaceiul enjo�znent of urban life, or promoting secu: ity and safety in neazby neighborhoods. Such re�onable conditions and/or restrictions may include or per- tain to, but aze not limited to: (1) A limitation on the hours of ope:a;ion of the licensed busine=_s or establi�hment, or on particulaz types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to rhe loca- tion within the licensed business or estab- li=hment whose [sic) particulaz type of ac- ti�-ities mzy be conducted; (3) A limitation as to the means of ingress or egress from the licensed eatablishment or its parking lot or immediately adjacent azea; (4) A requirement to pro��ide off street pazking in excess of other requirements of law; (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment w�ill hazmo- nize with the chazacter of the azea in which it is located, or to prevent the development or continuation of a nuisance. , The inspector may impose such conditions on Class I licenses w�th the consent of the license holder, or may reeommend the imposition of such conditions as an adverse action against the license or li- censes; the inspector has the same power with respect to Class II licenses. The council may im- pose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or 2034.1 t �, § 310.06 L£GISL�e'?V'"'t, CODE licenses following notice and hearing zs may be required. Such conditions may be i�posed on a license or licenses upon issuance, *enetral or transfer the:eof or upon and as pa.—t of asiy ad- verse action zgainst a license or licenses, including suspension. Conditions imoosed oa a license or licenses shall remain on such licen�es �chen re newed and shall continue thereafter t:ntii removed by the council in the case of conditions on Class III licenses or conditions imposed b� adverse ac- tion, and by the inspector in the c�e of Class I and II licenses. (d) Standards for multiple license determina- tion. In any case in a�hich the coti:ncil is autho- rized to take adverse action against le=_s than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gracity of the grounds found by the council to exist upon �luch the ad- verse action would be based: (2) The policy andlor regulatory goals for the particulaz licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their reIative importance to tbe overall busi- ness enterprise of the licensee or applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; (5) The extent to which adverse accion ��1TSt less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; i6) The hazdship to the licensee or applicant that would be caused by applying ad�erse action to all licenses or applications; and (7) The hazdship and/or danger to the public, or to the public health and welfaze, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No.1i584, § 1, 8-25-88; Ord. I�TO. 17657, § 15, 6-8-89; Ord.'.�TO. 17659, § 2, 6-13-89; Ord. No. 1i901, §§ 2, 3, 1-1492; Ord. No. � 17917, §§ 2, 3, 3•31-92; Ord. No.17922, § 1, 428-92; .J C.F. No. 94•500, § 3, 7•6•94) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Automatic termination, reinstctement; re- sponsibility of ticensee. 311 licenses or permits ��hich must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, de- poc_its, guazantees, bonds or certifications shall automatically terminate on cancellation or with- drawal of said policies, deposits, bonds or certiti- cations. No licensee may continue to operate or perform the licensed activity after such termina- tion. The licensee is liable and responsibie for the filing and maintenance of such policies, deposits, guazantees, bonds or ceztifications as a e required in these chapters, and shall not be entitled to a=_- sert the acts or omissions o£ agents, brokers, em- ployees, attorneys or any other persons as a de- fense or justification for failure to comply �; such filing and maintenance requirements. In the event the licensee reinstates and files such poli- cies, deposits, bonds or certifications within thirty f30) days, the license is automatically reinstated on the same terms and conditions, and for the sazne period as originally issued. After thirty (30) days, the applicant must reapply for a renewal of his license as though it were an original app�ica- tion. (b) Bonds and insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be written by surety companies authorized to do business in the State of Minnesota. All insurance policies required by these chap- ters shall be written by insurance compa- nies authorized to do business in the State of Minnesota. (2) Approved as to Form: All bonds filed wit2y the City of Saint Paul in connection ��th the issuance of licenses for whatever pur- pose, and all policies of insurance requaed to be filed with or by the City of Saint Paul in connection with the issuance oflicenses for any purpose whatsoever, shall first be approved as to form by the city attorney. (3) Uniform Endorsement: Each insurance policy required to be filed pursuant to these � � Supp. �o. 26 2034.2 ��g - _§ 4�9.04 L :GISL=.: i�'E COAE upon bona fide prescription, in kzitu:g, by a phy- sician or dentist. (Code 1956, § 30$.22) Sec. 409.03. On- and off•sale licenses; :erm; fees. (a) Term. All licenses for t?�e szle of i: toYi- catir.g liquor sha11 be for a ter_a o: or.e (1) }�eaz from the date of issuance, rene�•al or tr��sfer, except as provided herein. The date s2;a11 be de- termined by the inspector and en;e:e3 upon the license. In 1990 and 1991, the inspeccor is he: eby authorized and empowered to stagge: such L+'cense renewal dates administratively, e5plo�Zng a ryste� for random extension of individual li�nses on a one-time only basis so that the work load of the license and permit administration on ssch li- censes is spread more or less equally over a twelve month period. (bl License fees, on•sa1e; semiar.nual instail- ments. Tha license fee for an on ssle licer.se is hereby fixed as follows: (1) Seating capacity over 200 .. . $3,000.00 (2) Seating capacity over 100 . . . (3) Seating capacity 1Q� or less . 2, io0.00 2,500.00 Said sum shaIl be paid in two (2) equal amounts, the first to be paid before the license is issued or renewed, the second payment to be made �czthin six (6) months from the date of issuance or re- newal. (c) On-sale Iicense; replacement after revoc¢tion. If, for any reason, the on-sale license in this chapter provided for is revoked by tbe council of the City of Saint Paul, no replacement license shall be issued until the full license fee for the new license due for the remainder of the license year is first paid; provided, however, that in no event shall a lieensee pay less than the applicable annual li- cense fee together with the applicable issuance tax for a license, or combination of licenses, during a license year. {d) Increase in on-sale license fee; notice to Iic- ensees. The license inspector is hereby directed to notify in writing via U.S. mail all on•sale lic- ensees of Lhe public hearing date for council con- sideration of any amendments to this section in- creasing the license :ees. At said public hearing, the departmer.t of finance and manage�ent ser- czces shall present evidence to the council shoK-ing the : elationship between the proposed ;ee increase and the costs bome by the city for liouor•:elated regulating and policing. (e) License fee, off•saie. The licerse fee for an off-sale license is hereby fixed at the sum of one thousand dollars iS1,000.001. (fl Fees, Eransfers. Where a trans;er of an on• saIe or off-sale license is approved by the council, the fee to be cha-ged sha11 be the prescribed asi- nu21 fee less a c: edit given for each month or por- tion of a month remaining of the o:ig':nal term. (g) L¢te fees. \otwithstandingthe p*ovisions of Section 310.09, an applicant for renek�al of an on- sale liquor license shall be chazged a late fee in an amount of ten (? 0) percent of the instaliment due for such license for each thirty-day pe:iod er por- tion thereof which had elapsed after the expira- tion date of such license or semiannual period, and the late fee shall not exceed fifty (50) percent of the annual life. th) Annu¢1 Iicense fees for ctubs and private ctubs. The annual license Iee for a club and a pri- vate club shall be in conformity with Minnesota Statutes, Section 340.408, subdi��ision 2(b). (i) Lawful gambling location Iicense: Class C establishments (seating capacity 100 or less) Class B establishments (seating capacity 101— 200) Ciass A establishments (seating capacity more than 200) �� License fee, gambling Zocations. The license fee for lawful gambling locations as of January 1, 1991, shall be as follows: Class C ........................ $268.00 Class B ........................ 401.00 Class A ........................ 535.00 �. r�s.`y z� Supp. No. 16 21722 • re licenses of Arbuc112's Bar & Grill, Inc�' — City's E�►iUit #{� 5 e �� 409.06 LEG,S�.Ti�"E CODE tions of Iicenses, and further it bein� the iater.t of this paragraph that the limi�tions set forth in this paragraph shall in no manner be aa?licable to any hotel or motel. ligon �rritten petition =_igaed on behalf of the school, church or s� lo- cated Kzthin thsee hundred (300i `eet of �he pro- posed location of the license, the council may by a five-sevenths vote disregard the pro�-i_=ions of this paragraph insofaz as location adjacent to a church, �chool or synagogue of a proposed lice.^.se is cor.- cerned. (m) Urzlamful use of weapors. if dur;r.g an;- twelve•month period there aze repo: �ed n� o�2i or more incidents involving unla�i-icl use or ha ;- dling of firearms, assault �veapons cr l;nices, a_= defined in Section 225.01, on any licensed on-sale premises, a public hearing shall be condnc�ed b�• the council. Any adverse action r�ay be con;id- ered by the council pursuant to t?�e hearing pro- visions of Section 310.05. in) Prohibited interests. A holder of a license as a manufacturer, brewer or wholesaler may not have any interest or ownership, in whole or in part in a business holding a retail intoxicating liquor license or in the license so held, but a man- ufacturer or wholesaler of intoxicating or nonin- toxicating liquor may use or bave property rented For retail intoxicating liquor sales if the manufac- turer or wholesaler has owned the p:operty con- tinuously since November 1, 1933. For the pur- poses of this pazagraph, the term "interest": (1) Includes any pecuniary interest in the o��-n- ership, operation, management or profits of a retail liquor establishment, u,d a person who receives money from tune to time di- rectly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the retail license; and (2} Does not include loans, rental agreements; open accounts or other obligations held x�ith or without security azising out of the ordi- nary and regular course of business of selling or leasing merchandise, fixtures, supplies to the establishment; an interest in a corporation owning or operating a hotel but having at least one hundred fifty (150) or more rental units holding a liquor li- Svpp. No. 19 cense ;n conjunction tnere�i or ten i10) percent crless interectin ary other co*�o- ration holding a license; a;3 i3) In determining �� an `inte*est" ex- ists, the traneaction mu=_t hzce been �ona fide and che reasonable ��al�,:e of the goods and things received as con=ideration for a pa}ment by the licensee and all other ;acts reasonably tending to proce or nispro�°e the erastence of a purposeful scheme or arrange- meat to e��ade the restrictio�s of this para- graph must be consSdere3. ;o) 1'onconformingclubs; trarzsit:on. Therest°ic- tions and requirements in secticns a09.06;f,�, 409.06;11, and 409.OS;11� of this chapter shall not anply to licenses issued to a club under this chapter k�hich at the time of application for an on-sale license held a private club license under former Chapter 404 of this Code for the same premises for which a license hereunder is sought or w-ill be issued, for so long as the on-=ale license remains at that location and the licensed p:emises is nei- ther enlazged nor transfened. Such licensed pre- mises will be deemed a la��ful nonconforming use under the zoning code. (Code 1956, §§ 308.03, 308.05, 308.07-308.11, 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. 17172, 10•23-84; Ord. ;Vo. 17173, 10-23-84; Ord. I�To. 1?177, 10•23-84; Ord. No. 1i229, § 1, 4-18-55; Ord. I�TO. 17247, § 1, 6-6•85; Ord.:�o, 1i289, § 1, 9•10•85; Ord. No. 17318, § 1, 12-24•S5; Ord. No. 17328, § 2, 1•23-86; Ord. No. 17551, § 4, 4-19-88; Ord. IQo. 1i562, § i, 5•17•S8; Ord. \o. 1i563, § 1, 5-17-88; Ord. 130. 1i631, § 1 2-7-89; Ord. No. 17657, § 1, 6-8-89; Ord. No. 1i676, § 5, 8-24-89; Ord. :�To. 17704, § 2, 1-16-9�; C.F. \'o. 92-899, § 1, 7-9•92) Cross reference-Licensing requirements for esiabiish- ments selling nonintoxicating malt liquors, § 410.03. Sec. 409.065. Insurance requirements. No license under this chapter may be issued, maintained or renewed uniess the licensee or ap- plicant therefor complies with the insurance re- quirements imposed by Minnesota 5tatutes, Sec• tion 340A409; provided, that the licensees referred to in Minnesota Statutes, Section 34�A.409, sub- division 4, shall not be exempt from the coverage of this section in the Legislative Code. It is the ��;.�t 2178 � --------- -- � In re licenses of Arbuckle's Bar & Grill, Inc. ' City's E�ibit # 6 -, � �: � i, � ° � �� LICESS£S intent of this section to require liability insurance coverage for aIl licenses issued under this chapter wtthout exception. Such insurance co��erage shall comply wzth the requirement< of �4innesota Stat- utes, Section 340A409 and Chapters 7 and 8 of this Legislative Code. (Ord. No. 17"r96, § 1, 12•13-9�) Sec. 409.07. Hours of sale; Sunday sales, etc. (a) Hours of sale. \'o sale of intoxicating liquor shall be made after 1:06 a.m. on Sunday nor until 8:00 a.m. on Monday, :�o on-sale sha11 be made between the hours of 1:00 a.m, znd 8:00 a.m. on any weekday. No off-sale shall be made before 8:00 a.m, or after 8:00 p.m. of any day except off- sale =_hall be permitted on Friday and Saturday until 10:00 p.m. I�'o off-sale shall be made on Thanksgiving Day or Christmas Day, December 25: If the sale of liquors is not otherwise prohib- ited on July 3, the date preceding Thank=giving Day or on December 31, off•sale may be made untff 10:00 p.m. T.�TO off•sale shall be made on December 24 after 8:00 p.m. (b) Sund¢y sates: (1) I��otwithstanding the pro��isions of paza- graph (b), establishments to wbich on-sale licenses have been issued or hereafl,er may be issued for the sale of intoxicating liquors which are hotels or restaurants and which have facilities for sen•ing no fewer tban fifty (50) guests at one (1) time may sen•e intox- icating liquors between the hours of 10:00 a.m. on Sundays and 1:00 am. on ?+Sonday in conjunction with the serving of food, but no liquor shall be served on Sundays other than to persons who aze seated at tahles; provided, that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act. (2) It is unlawful for any such establishment, directly or indireetly, to sell or serve intox- icatinglSquors as provided in subpazagraph (1) above without having first obtained a special license therefor. Such special license may be issued by the council for a period of one (1) year and for which the fee shall be two hundred dollazs (�200.00), Application for said special license shall be made to the Supp, No. 24 2179 § 509 OS council in the same manner as application for other licenses to sell into�catir.g liquor aze made. (c) IFO consumption or display uF�en prohibited. RTo person shall consume or display or 211otii• con- sumption or display of liquor upon the premises of an on-sale licensee at any time when the sale of such liquor is not permit;ed. (d) Private Christmas parties. :�an� any other provision of the Legislati.•e Code, che license holder of premises having an on-_=ale li- cense may once a year during the Christmas season have a private party at no charge to the guests after the lawful cio=_ing hours, pro��ided, that a w-ritten request for said party is submit*.ed to the license inspector thirty (30) days prior to the proposed date of the party; and pro�•ided fur- ther, that no sales as de�ned by ]aw of intoxi- catingliquors or noninto�cating malt liquor shall be made at or during said party. The inspector shall notify the chief oF police of the date of each proposed pazty. (Code 1956, § 30820; Ord. ?�o. 16815, 7-23-S1; Ord. No. 17037, 6-30-83; Ord.:Qo. 1i162, 9-2i•84; Ord. No. 1i693, § 2, 11-7•89; Ord. ?�'o. 17529, § 1, 5-14•91; Ord. No. 17897, § 1, 12•1D•91) Sec. 409.08. Regulations generaily. All licensees hereunder aze hereby required to observe the following regulations; pro«ded, hox�- ever that any such regulation a�hich specifically refers to an on-sale licensee shall not bind an off• sale licensee, nor shall any regulation which spe- cifically refers to an off-sale licensee bind an on- sale licensee: (1) All sales shall be made in full view oC the public. t2) A"minor," as used herein, is any person under the age of twenty-one (21) yeazs. a. No licensee, or agent or employee thereof, shall serve or dispense upon the licensed premises any intozicating liquor to any minor; nor shall such lic- ensee, agent or employee permit any minor to be furnished v.zth or to con- sume any such liquor on the licensed premises; nor shall such licensee, agent Q5 -�� § 310.09 LEGISLiTIVE CODE (c) Fee for one ye¢r,• may be prorated. LTnless otherw�se spec�cally pro�zded, tne license fee =_tated is for a period of one (1) yeaz. Such fee may be prorated k•here a license is issued for a period of less than a year. (d) Late fee. I?nless othexticise spr.iucally pro- ��ided by the particular licensing p:oz in- volved, an applicant for the rene�cal of a license who makes zpplication for such rene�czl a=ter the eapiration dste of such license shall be chazged a late fee £or each such license. The l�;s fee shall be in addition to any other fee or pa� Went required, and shall be ten (10) percent of the �nual license fee for such license foz each thirty°=aay period or portion thereof which has elap;ed a:er the es�i- : ation date of such license. The late iee shall not exceed fifty i30) percent of tbe annual license fee. If any provision of these chapters i`+poses more stringent or additional requirement; :or che issu- ance of an original license than would be tbe case for mere renewal, those requirements must be met when the license has lapsed by reason of eapira- tion. (Code 1958, § 510.09; Ord. A'o.168S4, 2•11•82; Ord. l�TO. 17802, § 1, 1-10•91) See. 310.10. ftefunds of fees. (a) Refund rohere application withdr¢wn or de- nied,• service charge. Unless otherwise specifically provided by the pazticular licensing nrovisions in- volved, where an application for �y license is withdrawn or denied, the inspector shall refund to the applicant the lieense fee subnitted less a service charge to recover in part the costs in- curred in processing the application in the amount of twenty-five (25) percent of the aanual license fee. (b) Limitation on refund; other cases. In all other cases as provided in paragraph (c), the inspector may refund not to exceed one hundred dollars ($100.00) of fees received in connection with any license, permit or application therefor; provided, that he certify in writing that the amount of the refund represents a sum over and above tbe rea- sonable costs of administration incuaed up to that time in connection with said license, permit or ; application. The director may refund not to e�- �:_,:' ceed two hundred fifty dollars ($250.D0) of such Supp. No. 26 fees upon a like certification by the inspector. The council may by resolution autho*ize all refunds upon a like certification by the inspector. (c) Bases for refunds. Refunds under pazagraph �) may be made to the licen�ee or his estate: (1} 4`'here ihe place of business of the licensee or his principal equipment is destroyed or so damaged by fire or zny other cause that the licensee ceases for the remainder of the licensed period to engage in the licensed acti��ity or business; (2) Z�There the business or liceased acticitv ceases by reason of the death or illness of the licer,see or the sole employee or marn ager; or (3) ��Jhere it has become unlaw•ful for the lic ensee to continue in the business or licensed activity other than by revocation, suspen- sion, denial or any criminal acticity on the part o£ the licensee. (Code 1956, § 510.10) = �� -- - - -- - - - —�: 2034.4 In re licenses af Arbuckle's Bar & Grill, Inc. �. � City's Exhibit # 7 � ) � t �� 3COA.408 LiQUOR 998 (7) $3,000 for a club With over 6,Q00 members. (c) 'Ihe license fee for the issuance of a wine Iicense may not exceed one-half of the license fee charged for an on-sale intoxicating liquor license, or $2,000, whichever is less. (d) The town board of a town in which an on-sale establuhment has been licensed by a counry may impose an additional license fee on each such establishment in an amount not to exceed 20 percent of the county license fee. Subd. 3. Tntoxicating liquor, off-sale. (a) The annual license fee for an off-sale intozicating liquor license lssued by a city, when combined with any occupation tax imposed by the city, may not exceed the following limits: (i) $I,000 for cities of the first class; (2) $200 for cities over 10,000 other than cities of the first class; (3) $I50 for cities of between 5,000 and l0,OQ0 population; and (4) $100 for cities with less than S,OOQ population. (b) The annual license fee for an off-sale intoxicating liquor license issued by a county or town shall not exceed $500. Subd. 3a. Fee increases; norice, hearing. No city, town, or county shall increase the fee for a liquor license govemed by su6division 1, 2, or 3, except after notice and hear- ing on the proposed increase. Notice of the proposed increase must be mailed to all affected licensees at least 30 days before ihe date set for the hearing. This subdivision supersedes any inconsistent provision of law or chaner. Subd. 4. Lake Superior tour boats; rnmmon carriets. (a) The annuallicense fee for licensing of I,ake Superior tour boats under section 340A.404, subdivision 8, shall be $1,000. (b) The annuai Iicense fee for common carriers licensed under section 340A.A07 is: (1) $50 for 3.2 percent malt liquor, and $20 for a duplicate license; and (2) $200 for intoxicating liquor, and $20 for a duplicate license. Subd. 5. Refands. A pro rata share of an annual license fee foz a retail license to sell intor3cating or 3.2 percent malt liquor, eiiher on-sale or off-sale, may be refunded to the licensee or to the licensee's estate if. (1) the business ceases to operate because of destruction or damage; (2) the licensee dies; (3) the business ceases to be lawful for a reason other than a license revocation; or (4) the licensee ceases to carry on the licensed business under the license. Iiistory:1985 c 305 art 6 s 8; 1987 c 152 art 1 s 1; 1989 c 704 s 1; 1991 c 249 s 1I,31; 1992c486s8, 34QA,409 LIABILITY INSURANCE. Subdivision 1. Insurance required. No retaii license may be issued, maintained or renewed unless the applicant demonstntes proof of financial responsibility with regard to liability imposed by section 340A.8Q1. The issuing authority must submit to the commissioner the applicant's proof of financial responsibility. This subdivision does not prohibit a local unit of government from requiring higher insurance or bond cover ages, or a larger deposit of cash or securities. The minimum requirement for proof of financial responsibility may be given by filing: (1) a ceriiScate that there is in effect for the license period an insurance policy or pooi providing at least $ SO,Q00 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury �o two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in anY one occunence, $50,000 for loss of ineans of support of any one person in any one occurrence, and $100,000 for loss of ineans of support of two or more persons in any one occurrence; � - --- --- - —� In re licenses of Arbuckle's Bar & Griil, Inc. —' City's E�tibit # 8 ! ----J ��-Qd 949 LIQliOR 330A.409 (2) a bond of a surety company witb minimum coverages as provided in clause (1); or (3) a certificate of the state treasurer that the licensee has deposited with the state treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. This subdivision does not prohibit an insurer from providing the coverage required by this subdivision in combination with other insurance coverage. An annuai aggregate policy limit for dram shop insurance of not ]ess than $300,000 per policy year may be included in the policy provisions. A liability insurance policy required by this section must provide that it may not be canceled for. (1) any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and (2) nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy. Subd. 2. Market assistance. The commissioner of commerce sha11 advise licensees and municipalities subject to the financial responsibility requirements of subdivision 1 of those persons offering insurance coverage. The commissioner of commerce shail establish a program to assist licensees in obtaining insurance coverage. The program shall include a committee appointed by the commissioner of commerce that is repre- sentative of insurance carriers and producers, liquor vendors, and the public. No less than one-half of the committee members shall represent casualty lnsurers and surplus lines agents or brokers. The commissioner of commerce or the commissioner's desig- nated representative shall serve as an ex officio member of the committee. The commit- tee shail review and act upon all properly executed applications. If the committee finds that St cannot assist in securing insurance coverage, it shall notify the applicant in writ- ing with a full explanation and recommenda2ion for enhancing iis ability to secure insurance. The commissioner of commerce shail, if necessary, establish an assigned risk plan pursuant to subdivision 3. Subd. 3. Assigaed risk plan. (a) The purpose of the assigned risk plan is to provide coverage required by subdivision 1 to persons rejected under this subdivision. (b) An insurer who offers liquor liability insurance that refuses to write the cover- age required by subdivision I shall fumish the applicani with a written notice of refusal. The rejected applicant shall file a copy of the notice of refusal with the commissioner of public safety at the time of application for coverage to the assigned risk plan and the market assistance program. A written notice of refusal must be provided to any applicant who has requested only liquor ]iability insurance if the insurer chooses to only offer liquor liability insur- ance in combination with other types of insurance. A written notice of refusal must be provided by an insurer to any applicant who receives an offer of coverage from that insurer that is in excess of the rate charged by the assigned risk plan for similaz coverage and risk. A notice is not required if the nte for the covenge offered is less than 20 percent in excess of tbe assigned risk plan ntes, provided that the offered rate is the rate that the insurez has filed with the commissioner of commerce if the insurer is required to file its rates with the wmmissioner. If the insurer is not required to file its rates with the commissionex, the offered rate must be the rate generally charged by the insurer for similar coverage and risk. A notice of refusal is not required to be filed if there is not an insurer offering liquor liability insurance in the state. To be eligible to participate in the assigned risk plan an applicant must apply for coverage through the market assistance program. Application to the market assistance program must be made no later than the time of application to the assigned risk plan. If the market assistance program is unab]e to secure coverage then coverage may be extended by the assigned risk plan. � �5 —qg yipA.409 LIQUOR ,o� (c) The commissioner of commerce may enter into service concracts as necessary or beneficial to accomplish the purposes of the assigned risk plan including servicing of policies or contracts of coverage, data management, and assessment collections. Ser- vices related to the administration of policies or contracts of coverages must be per- formed by one or more qualified insurance companies licensed pursuant to section 6�A-06, subdivision 1, clause (13), or a qualified vendor of risk management services. A qualified insurer or vendor of risk management services must possess suf5cient finan- ciat, professional, administrative, and personnel resources to provide the ser��ces required for operation of the plan. The cost of all services contracted for are an obliga- tion of ihe assigned risk plan. (d) The commissioner of commerce may assess all insurers licensed under section 60A.06, subdivision 1, clause (13), an amount sufficient to fully fund the obligations of the assigned risk plan if the commissioner determines that the assets of the assigned risk plan are insu�cient to meet its obligations. The assessment of each insurer must be in a proportion equal to the proportion which the amount of insurance Written as reported on page 14 of the annual statement under line 5, commercial multiperil, and line 17, other liability, during the preceding calendar year by that insurer bears to the total written by all such carriers for such lines. (e) Policies and contracts of coverage issued under this subdivision must contain the usual and customary provisions of laability insurance policies, and must contain at least the minimum coverage required by subdivision 1 or the local goveming unit. ( fl Assigned risk policies and convacts of coverage are subject to premium tax pur- suant to section 60A.15. (g) Insureds served by the assigned risk plan must be charged premiums based upon a rating plan approved by the commissioner of commerce. Assigned risk premi- ums must be on an actuarially sound basis. The rating plan approved by the commis- sioner shall provide for surcharge factors based upon claims reported and losses paid. The commissioner of commerce shall fix the compensation received by the agent of record (h) The rating plan may be amended by rule pursuant to chapter 14 or by the fol- lowing expedited procedures: (1) Any person may, by written petition served upon the commissioner, request that a hearing be held to amend the rating plan. {2) The commissioner shall forward a copy of the petition to the chief administra- Uve law judge within three business days of its receipt. The chief administrative law judge shall, witivn three business days of receipt of the copy of the petition or a request for a hearing by the commissioner, set a bearing date, assign an administrative law judge to beaz the matter, and notify the commissioner of the hearing date and the administrative law judge assigned to hear the matter. The hearing date must be set no less than 6Q days nor more than 90 days from the date of receipt of the petition by the commissioner. (3) The commissioner of commerce shall publish a notice of the hearing in the State Reaster at least 30 days before the hearing date. The notice should be similar to that used for rulemaking under the administrative procedure act. Approval by tha administrative law judge of the notice prior to publication is not required. (4) The hearing and all matters taking place after the hearing are a contested case under chapter 14. Within 45 days from tbe commencement of the hearing and within IS days of ihe completion of the hearing the administrative law judge shall submit a report to the wmmissioner of commerce. T'he parties, or the administrative law judge, if the parcies cannot agree, shall adjust all time requirements under the contested case procedure to conform with the 45-day requirement. (5) The commissioner shall render a decision within ten business days of the receipt of the administrative law judge's report. (6) If all parties to the proceeding agree, any of the previous requirements may be waived or modified. `1'J "7 c� LIQtiOR 3dUA.A10 100] (7) A petition for a hearing to amend the rating plan received by the commissioner within 18� days of the date of the commissioner's decision in a prior proceeding to amend the rating plan is invalid and re9uires no action. (i) A liquor vendor shall be denied or terminated from coverage through the assigied risk plan if the liquor vendor disregards safety standards, laWS, rules, or ordi- nances pertaining to the offer, sa1e, or other distribution of liquor. The commissioner may by Nl ed ri klplanther conditions for denial or termmation from coverage through the assig� (j) The commissioner of commerce shall adopt rules needed to implement this subdivision. The rules may include: (�) appeal procedures from actions of the assigned risk plan; (2) formation of an advisory committee composed of insurers, vendors of risk management services and licensees, to advise the commissioner of commerce regarding operation of the plan; and (3) applicable rating plans and rating standards. Subd. 3a. Natificatian by insurer of status of daim. Upon the request of the the n ured of he st tus fany ca msmade under poticy. nformat on mus include: (1) the employees of the insured that may be involved and the nature of theu involvement; (2) any amount the insurer is holding in reserve for payment of a claim or has pai in the disposition of the claim; and (3) any amount paid in the defense of the claim. This subdivision does not require disclosure of otherwise nondiscoverable infor- mation to an adverse pany in litigation. 1 to licensees who by Subd. 4. Insurance not required. Subdivision 1 does not app y affidavit establish that: (1) they are on-sale 3.2 percent malt liquor licensees with sales of less than $10,000 of 3.2 percent malt liquor for the preceding year; (2) they are off-sale 3.2 percent malt liquor licenseas with sales of less than $z0,000 of 3.2 percent malt liquor for the preceding year, (3) they are holden of on-sale wine licenses with sales of less than $10,000 for wine for the preceding year; or (4) they are holders of temporary �ne licenses issued under law. History: 1985 c 200 s 2; 1983 c 305 an 6 s 9; 1985 c 309 s 7-9; 1Sp1985 c 16 ari 2 s 3 subd 1; 1Sp1986 c 3 art 1 s 38; 1987 c I07 s 1; 1981 c 152 art 1 s 1; 1988 c 534 s 1; 1991 c 249 s 31 .a<`� , LL .�� h�: :?.a, , � V @', 340A.410 LICENSE RESTRICT'IONS; GENERAI.•may not issue a retail license m Subdivision 1. Counties; town cwnsent A county sell any alcoholic beverage Within an organized town unless the goveming body of the town has consented to the issuance of the license. Subd. 2. Coundes; recommendation and reviea of applicants. (1) No county may issue or renew a retail license to seIl any alcoholic beuerage until the county board has received a Written recommendation from i�n s e�ligib e to be licens d under on to the best of their knowledge that the app � �en to the town board if a town's consent 340A.402. A copy of the statements must be gi is required issuance of the license under subdivision 3. (2) The county board shall consider the recommendations of the sheriff and county attorney, the chancter and reputation of the applicant, and che natwe and loca- tion of the business prior to issuance of any license. Subd. 3. License extension; death of licensee. In the case of the death of a retail C I T Y 0 F 5 A I N T P A U L OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL L 2 C E N S E I2 E N E W A L N 0 T I C E �5 ��8 LIC-ID: 11089 PROTECTION INV-DT: 08/16J94 YOUR ANNUAL FEES FOR THE FOLLOWING LICENSE(S) ARE NOW DIIE. PLEASE PAY BY THE DLiE DATE SO A LATE FEE WILL NOT BE NECESSARY. MAKE CAECK PAYABLE TO: CITY OF SAINT PAUL. ( BOND AND/OR INSIIRANCE INFQRMATION ATTACHED ) PAYMENT DUE DATE : �S/O1/94 ARBUCKLE'S BAR & GRILL INC & C J TRUCK R MIIVI3ESOTA TAX ID #: 2D00630 ARBUCKLE'S BAR & GRiLL LICENSE EXP. DATE : 10/31/94 374 ST PETER 5T ST. PAUL, MN 55102 LIQ-ON SALE II3SURANCE EXP. DATE : 10/31/94 UNIT-COST #UNITS AMOUNT --------- ------ --------- 3879.00 1 1939.50 � �� /�� LATE FEE : 775.8� TOTAL : $2715.30 / �� i � j ��t,c.11 I�� /�e ��...-c/ t'�' � =J� LIC-ID: 110$9 IF YOU HAVE QUESTIONS, PLEASE C LL 266-910 . t, / ��/�� ($15.00 CHARGE FOR RETCiRN£D CHECKS) (IF OUT OF BUSINESS, PLEASE INFORM US.) ----- ------------------------------------------------------------------------ C I T Y 0 F S A I N T P A LI L LIC-ID: 11489 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION L I C E N S E R E N E W A L I3 0 T I C E INV-DT: 08I16/94 REMIT TO : CITY OF SAINT PAUL 350 ST. FETER ST. # 300, SAINT PAUL, MN 55102 PAYMENT DUE BATE : OS/O1/94 ARBUCKLE'S BAR & GRILL INC & C J TRUCK R MINNESQTA TAX ID #: 2000630 ARBUCKLE'S BAR & GRTLL LICENSE EXP. DATE : 10/31/94 374 ST PETER ST ST_ PAUL, MN SS1C12 ID?cUF.P.PIC� E,KP. DP.T� : 10; 31194 LICENSE NAME UNIT-COST ----------------------------------- --------- LIQ-ON SALE-1005EATS/LESS-C 3879.00 #UNITS 1 AMOUNT 1939.50 � i �� / � / ��,�,�� LATE FEE : 775.80 �s�—� � TOTAL : $2715.30 l �G �� - LIC-ID: 11089 IF Y� HAVE UES IT O�, P�EASE CA� Z 6 410�. �� ($ 1 5. 0 0 CHARGE FOR RETURNED CHECKS) (IF OUT OF BUSINESS, PLEASE INFOI2M US.) ( BOND ANDIOR INSURANCE IF APPLICABLE MUST BE SUBMITTED WITH PAYMENT. ) *' LOWER SECTION MUST BE RETURNED WITH PAYMENT TO ASSURE PROPER CREDIT.*• . --- — -- - --------� In re licenses cf Arbnckle's Bar &�rill, Inc� —" City's Eahibit # 9 , OFFICE OF LICENSE, MSPEC770N5 AND ENVII202.MENTAL PROTECTION Robnr Kesskr, Dircctar �5 �g CTI'Y OF SAINT PAUL Norm Coleman, Mayor uc�se�nv INSPECI70NS 350 St Peter Strta Suiu 300 SQint Paul, Minntsota 55702 Zd<phanc: 612-266-91 Q9 Fatsimilc: 612-2669724 August 19, 1994 Dale Sweno Arbuckle's Bar & Grill 374 St. Peter Street Saint Paul, MN 55102 Dear Mr. Sweno, After numerous warnings and a final not�ce of August 18, 1994 you have not yet paid your second half of your on sale liquor license. This payment was due May 1, 1994. This letter is to inform you that on August 25, 1994 I will issue a ticket for failure to pay your fee. The City takes these violations very seriously. I feel I have exhausted all other avenues. I have discussed this situation with my supervisors and we feel this is the appropriate action. This is your final notice and no other warnings wi11 be given. Sincerely, ✓�/� � �A / � •-�, Rich Jents (/ License and Permit Inspector c: Robert Kessler, Director Christine Rozek Kris Van Aorn . --- -- ------- - � In re licenses of ArUuckle's Bar & GrilJ, Inc. — City's Exhibit # 10 G17Y OF ,��_ f,(„�-� r BRANCH 5 3 9 7 6 S]ATE Oi iNNFSDTA-RAMSEY LOUNTY DISTqifi COURT r GOMPLAINT �� Tfis wder d. b duy swn upan 1us ooNi 4pous a�d royv. I ///},� (�} /[�((� Fn.enlcn,ne ��(J luG On me tlay o /� . tg�at_�� o�brk �JA � PM . y+miM ` i'i i� // .�\ / / ._O//�/r� Praicss 1 H ��C.J \T � �iT7 � . .. � � Bim Da�e �' . Laalw+a:alle�FR. 1 I � � V I I 1 i V t t i f F E 0 l.c m tc , mr w�=-_.A�,c—s�._aa�e av.wru:crva � i J 'i' • re licenses of Arbuckle s ar & Grill, Inc� — City's Exhibit # 11 — j i C I T Y O F 5 A I N T P A U L OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL L I C E N S E R E N E W A L N O T I C E q5-q�' LSC-SD: 11089 PROTECTION II3V-DT: 11/22/94 YOUR ABTNUAL FEES FaR THE FOLLOWING LICENSE(S) IvRE PLEASE PAY BY TAE DUE DATE SO A LATE FEE WILL NOT BE MAKE CHECK PAYABLE T0: CITY OF SAINT PAUL. ( BOND AND/OR INSURANCE INFORPSATION ATTACHED PAYMENT DUE ARBUCKLE'S BAR & GRILL INC & C J TRUCK R MINNESOTA TAX ARBUCKLE'S BAR & GRILL LICENSE EXP. 374 ST PETFR ST ST. PAUL, N�t 55102 LIQ-ON SALE LATE FEE : 775.80 TOTAL : $2715.30 LIC-ID: 11089 IF YOU HAVE QUESTIONS, PLEASE CALL 266-9100. ($15.00 CHARGE FOR RETURRTED CHECKS) (IF OUT OF BUSINESS, PLEASE INFORI�1 US.) ------ — ------------ — --------------- — ----------------- --------------------- C I T Y 0 F S A I N T P A U L LIC-ID: 11089 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION L S C E N S E R E N E W A L N O T I C E INV-DT: 11/22/94 REMIT TO : CITY OF SAINT PAUL 350 ST. PETER ST. # 300, SAINT PAUL, MN 55102 PAYMENT DUE DATE : OSJO1/94 ARBUCKLE`5 BAR & GRILL INC & C J TRUCK R MINNESOTA TAX ID #: 2000630 ARBUCKLE'S BAR & GRILL LICENSE EXP. DATE : 10/31j94 374 ST PETER ST ST. PAUL, MN 55102 INSURANCE EXP. DATE : 11/02/95 LICENSE NAME UNIT-COST.. ----------------------------------- --------- LIQ-ON SALE 3879.00 #UNITS 1 AMOUNT 1939.5� LATE FEE : `775.80 TOTAL r. $2715.30 LIC-ID: 11089 IF YOi3 HAVE QUESTION5, PLEASE CALL 266 ($15.00 CHARGE FOR RETURNED CHECKS) (IF OUT OF BUSINESS, PLEASE INFORM US.j ( HOND AND/OR INSURANCE IF APPLICABLE MUST BE SUBMITTED WITH PAYAYENT. ) ** LOWER SECTION MtJST BE RETURNED WITH PAYME� mn accrroc nnl,n�n��. In re licenses of Ar uckle's Bar & Grill, Inc. , —' City's E�►ibit # 12 NOW DUE. NECESSARY. ) DATE : OS/�1/4? ID # : 2000630 DATE : 1�/31/4? INSURANCE EXP. DATE : 11/02/95 UNIT-COST #UNITS AMOUNT -------- ------ --------- 3879.00 1 1939.5D .. - . . - CITY OF SA1N'T PAUL Nonn Co(eman, Mayar RECEIVEI� November 2, 1994 NQV G 2 1994 Arbuckle's Bar & Grill, Inc. and C.J. Truck Rental Arbuckle's Bar & Grill 374 St. Peter St. St. Paul, N�N 55102 To Whom It May Concern: ObF]CE OF LICE�SE, INSPECTIO!�5 AA9 E1'V1R0\ME.�'7'AL PROTEC770:. RobeR Ketsler, Direcmr ��-q8 LICENSE AND INSPEGTIONS 350 St. Peter Srreet Suiu 3G0 Saint Paui, Minrusora 55102 Tel ephoK: 612-2G5-9] 007 Focsimile: 612-2669124 CITY ATTQ�I�F_Y OuY office has received notice (copy attached) that your Liquor Liability Insurance, policy #LQMN385941, for your On Sale Liquor license was canceled effective October 31, 1994. It will be necessary for you to send a replacement with no lapse in coverage. Tf we do not receive a replacement with no lapse in coverage immediately you must cease doing business as a On Sale Liquor establishment immediately. Sincerely,'"` 1 �� Robert Kessler LIEP Director RK/lap attachment cc: Kris Van Horn, License Enforcement Auditor Rich Jents, License Inspector State of Minnesota Liquor Control �� v�� s City Attorney In re icenses a uc �. s ar - ri I, n�, — City's E�ibit # 13 —� � n i�� _. __ � � h " '-� 1 � � ` -- + - -� �_ � � �.�.ga Blackburn, Nickels, & Smith, Inc. P.O. Box 367 Suite 310 1809 S. Plymouth Rd. Minnetonka, MN 55343 (612J 546-1605 Notice of Expired Coverage � ST PABL AGr.'Iv'�y Z;,C 245 EnST ROSELAi,rd A�'ti"�TE ST ?kUL, ±Li 55117-1943 L J NAME INSURED: '�kBL'CKLES B?.R 5 GicILL I\C POLICY NUMBER: LC�:�385y41 DATE OF EXPIRATION: 10-31-94 r�°� G �� - qg Piease be advised that coverage is no longer befng provided under the captioned policy for the foilowing reason: �• ( ) Canceltation requested by Insured. 2 • () Canceliation requested by Lienholder. 3 () Canceliation requested by Company. 4 • �.'� Renewal not requested.l.��j ; 5. () otner. O/�G 1- hi! �, � � :�;�� -;.,,., CITY OP ST �AiiL1DEPT OF y ��`� �� 35G ST PEiEA STREg't �3f - - ST pAUL, t�d 55101 . L LienhoVder J LL�'�'�1:.�.�,� J r ,.� - /.1 J Authorized Representative 3. Lienholder's Copy �I1�i��:l�. cZU7mCa'rP9aP.s63u..`:CE _� . _ _-. . _ :._ . . .. _"„ _ '",_ - _ -,,, PROffiiCER �_ _ .:.: . . _. .-'_ � � � DIESZ KkNE & ASS�.TATES INSURANCE AGENCY, iNC. 674 E. SIXTH 5T ST. PAUL MN 55706 � � -'.ISSCEDa:EtTA11DD,919 �'.. ---: { � l'I J02154 =S �E27'Fi 7CA7E IS 19Z.F1) :S A AIATfE2 OF C1FOR+Lt710� 0�i1' A\D /�(} CU�FERS�:OPJGHTSLROA'ME�cic7SF1GTEHOLDFR.THI5CER7iEiU7E C�� ^ IU W��07A\�'D.E\'fE\DOkA7.TEA1'f�COt'ERAGEFF`r00.D'cDB1 THE W�1PA'JFSAFFORDL':G C0�'EAAGE I CO?1Pa\y A �T�R T. H. E., INC. co�e�.�.�� .RED LRE0. $ AR$UCKLE'S BAR & GRILL, ?NC. co�sxn�' DALE SWENO L � 374 SAIM PETER ST. Co�irae�• ST, PAUL, NJ1 SSlC2 �T�R � cm�r��v f��7TER E 3e;E8,1GkS - . - - -:�, . ._ . _ , _ _ .:.: . . . _�: .-:;..: . ., _. . .._ ..: .. - _ _.-, ..,. .-., _ - TLLS IS 70 6J:TIFI' TF3.�T THE POLICffS OF P�'SJRA,�CT: L67ED BE.ON' IL1�'E HEE� LSSI,'ED't0 THE LKSI:kED I:Aaf6D ABOVE FOR THE P�llCI' PE¢IOD L� WGTED. �OT�'[7'HSIA`:DCtiG .t\l' AEQ�7AE91E\7. TERU OR CO�DRIO\ OF:.�I' C0�?I'aCf OR OTNER DOCI;�IE\'I R77H RF�ECI TO RIpC}I 7HC$ CGR1II]GTE Dlql' BE 15S1.'ED OA AU1' PEk7nL'�, i7� L.'S1;Rt\CE .:FFOkDED B�' 7}@ POLICLFS �ESfRfHH� IgVFi': IS Sl;B1ECC TO ALL'Rff TER�tS. EXttU90\5 a\'D COSDS'SIOSS OF SUCII POGCIES. tSnRT59{Ott'� �Iw41ix�L HEE� REM!CE� BY Pa7D �UR.1S. 1 � 7]PEOFL�St7U.^:CE POLICI".'U\IBER '�LlCI'C�4'GCT[�'EIYOISCI'&1P[RATION R j DA2Et�3:.1lDD�l'19 I DATE(Alpf/DDl1'19 COAIULAC7nL GE\'ERAL LL1BiLi7'I' � CL4DISTUDEC� OCCL7t. Olt\'EA'S A CO]7PaCTOA'S PAOT. AfOBILE LL'.SQSIY A�'1' A170 nLL OHTED wL7'OS SCHEWlEDAL705 HI1tED AG7QS \0!�'-0A'!.Ep qL70S GAR. GE I.UBIlIfY S'4GLE DA'.1AGE UL1flRELiA F0R�7 tC0R1:EN'S COUPE�5t710N ,t\p curLO�zas wenm� p onu_2 lIQUOR LIABILITY :ITY OF ST. PAUL .IQWR CONTROL pIVISS9N '90 - STH 5T. E., G1�5 �7, PAVL, MN 55101 �.'ORp7.`�S1111 Te PENDIN6 �C� ''1 4'�; ..,i;: Q. City's Exhibit # 14 11/02/94 � 11/02/95 B�DII.I' CJCRY (Papersml $100,OD0 LIAIIT$ j5 I IS Y jt �5 el ( 5 �m) i5 �S IS I S i � 930ULD A�1' OF 7HE ABbY'E DESGWBED PoL7C�5 BE CANCFlI.ED BEFORE 7HE 6�P[Rn170N DATE THE0.EOF. THC ISA)➢�G COMPAt.'Y F'O,L S�'DEA�OF 70 GILLNf� 3 � �P'AI77E:NOT/CE70THECER77ACaTEHOLDERP.nMEU70TH8 i.�r. atjr F,w,yus To nua sucx Nonce sinu m�eose No oeucnno� ox �° OF�l KAD UPOA Tf� COr1PnNY. RS qGE4'IS O0. RIDRfg1.7A'SI�'E5. R ,. ARBUCKLES BAR AND GRILL 374 St. Peter Street Saint Paul, Minnesota 55102 jj F_ j� O 227-9396 �7 :J `7 d August 18, 1994 Mr. Robert Kessier OFFICE OF LICENSES, INSPECTIONS AND ENVIRONMENTAL PROTECTION Citp of Saint Paul 350 St. Peter Street #300 St. Paul, Minnesota 55101 REF 1f: Second Half License Fee Arbuckles Bar & Grill Deaz Mr. Kessler: As it has probably been brought to your attention, we have had numerous problems staying current with our License Fee Payment along with many other things, State�Federal Ta�ces, etc. Richard Jents, from your office, has been very accommodating, but when we took cue of our State Tax problem, they pulled a really low-down dirty deai and made me put up a security deposit to keep our Sales TaY Number. This was approximately the amount due for Second Half License Fee. I will either need up to a 30 day extension to pay, or, until we get back that security deposit firom the State. One othez matter I would like to clear up at this same time. I have a License Fee Refund due of $365.00 coming from May of 1992. Although I have asked your office about this, nobody seems to think it very important. I would like to clear up this matter and ask you how I should proceed. I would like to meet with you to settle this in an amicable way. I look forwazd to hearing from you. Sincerely, Dale A. Sweno � � C I T Y O F 5 A I N T P A U L OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL L I C E N S E R E N E W A L N O T I C E �� -�� LIC-ID: 11089 PROTECTION INV-DT: OSJ16/94 YOUR ANiVUAL FEES FOR THB FOLLOWING LICENSE(S) ARE NOW DUE. PLEASE PAY BY THE DUE DATE SO A LATE FEE WILL NOT BE NECESSARY. MAKE CHECK PAYABLE TO: CITY OF SAII�ST PAUL. ( BOND AND/OR INSURANCE INFORMATION ATTACHED ) PAYMENT DUE DATE : OS/O1/94 ARBUCKLE'S BAR & GRILL INC & C J TRUCK R MINNESOTA TAX ID #: 2000630 ARBL3CKLE'S BAR & GRILL LICENSE EXP. DATE : 10/31/94 374 ST PETER ST ST. PAUL, MN 55102 I23SURANCE EXP. DAfiE : 1OJ31/94 UNI`I`-COST #UNITS AMOUNT --------- ------ -------__ LIQ-ON SALE-100SEATS/LESS 3879.00 1 1939.50 � �' `�"' �`�� LATE FEE : 775.80 TOTAL : $2715.30 � � V j/J�,�C� /Y1,� �C' �C.�C% � �� `c LIC-ID: 11089 IP YOU HAVE QUESTIONS, PLEASE C L 266-91� �—/ �t/�/(� ($15.00 CHARGE FOR RETURNED CHECKS) (IF OUT OF BUSINESS, PLEASE INFORM US.) ----------------------------------------------------------------------------- C I T Y 0 F S A I N T P A U L LIC-ID: 11�89 OFFICE OF LSCENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION L I C E N S E R E N E W A L N 0 T I C E INV-DT: OSl16/94 REMIT TO : CITY OF SAINT PAUL 350 ST. PETER ST. # 300, SAINT PAUL, MN 551�2 PAYMENT DUE DATE : OS/�1/94 ARBtJCKLE'S BAR & GRILL INC & C J TRUCK R MSNNESOTA TAX ID #: 2��063� ARBITCKLS'S BAR & GRILL LSCENSE EXP. DATE : 1OJ31/94 374 ST PETER ST ST. PAUL, MN 551�2 INSJ?2PNC� EXP. DATE : 10/31I94 LICENSE NAME UNIT-COST #UNITS AMOUNT ----------------------------------- --------- — ---- --------- .IQ-ON SALE-100SEATS/LESS-C 3879.0� 1 1939.5� f � ��'/ r �, f1/ LATE FEE : 775.80 f/ y l � ` T02AL : $ 2 715 . 3 0 / � � � _ �- � l �'—��y — Lf.` c�c} I'/t'1 LIC-IB: 11089 IF YOU HAVE UESTIONS, PL�>ASE CALL 266-9100. $15.00 CHARGE FOR RETURNED CHECKS) (IF OUT OF BUSINESS, PLEASE INFORM US.) ( BOND AND/OR INSt3RANCE IF APPLICABLE Mt3ST BE SUBMITTED WITH PAYMENT. ) ** LOWER SECTION MISST BE RETURNED WITH PAYMENT TO ASSURE PROPER CREDIT.** 1VIINNESOTA Department of Revenue QFj-�� T A X C L E A R A N C E C E R T I F I C A T E T0: ARBUCKLES BAR & 6RILL INC 374 SAINT PETER ST SAINT PAUL , MN 551Q2-1302 Minnesota Identification Number� Type or Name of License� �ic2nse Number� License Renewal Date� License Holderts)� CITY DF ST PAUL 350 ST PETER �350 ST PAUL, MN 55102 2000630-OQ1 RESTAURANT 11089 11/O1/93 ARBUCKLES BAR & GRILL INC AND C J TRUCK REtSTAt D$A ARBUCKLES BAR & 6RILL Please be advised that the above named taxpayer has been issued a Tax Clearance Certi under authority o Minnesota Statute 270.72t Tax Clearance Certi Dated� 08/06/94 --------------- Taxpayer's Copy BY: STATE OF MINNESOTA CDMMISSIONER OF REVENUE �° � . � NANCY PESEK COLLECTIDN OFFICER Collection En Unit P.O. Box 64447 Sainf Paul. MN 55164 2Q�0630-001 0660001007 ICTAXC67 An equat opportunity emptoyer 0400 TDD: (612) 297-2196 IlU!�--1F.-1�'�a 1==1n fiGph9 CIT�' AT �IFG(CE CITY QF SAINI' PAUL Norm �:atwr_, M1faycX TU '?,�l'a=•r.r_.S. f"' . i t � OFFICE OF THE CITY ATTORNEY r�„Q� e. .uo� or; .�f�,,.�y cN� �a,: :W Qnr Ha[Z i5 �i,u KcL�� BA�C. Scin: Paut, ,Nu:nao:c SSZD? FAX TRAIVSM1SS10N DA7E: November'14, ig94 TO: Nancy FAX No.: Office of Adm(nistrative Hearings ►n re Arbuckle's Bar & Gri1l NUMBER OF PAGES (ndud�+�g cover page): 8 FROM: Janet Reiter St. Paui City Attomey's Office 400 City Hall H you do not receiire all pages ot tltis hansmissron, please conrxct: .�anet Reiiet N►ESSAGE Nancy - 349-2665 FAX No.: ?_98-56f9 Telephone NO. 266-8731 9�-q� T<4pnanc 67? 2�70 Facnm+le 672 2AR-5619 Per our discussion, please find a"Notice of Hearing,' dated October 18, 1994 and two "Amended Notice of Hearing,° dated October 20, 7994 and NOVember 4, 1994. (fhe f'rrst notice set the date tor the hearing with Suzanne Born, prior tc conferring with Mr. Thomson, R1r. Sweno's atEorney-j If there is any other intormatiori you need from me, pieasa do noi hesitate to call me at 266-8�31. Janet Reiter I10�'-1b-1'?5-] 1��1�� FF'D!9 C1T, iiT7[iF'IIE'�� I_iFF1�=E CITY OF SAINT PAUL. ,Nom+ Colem�v�, Mayor October 1&, 1994 Dale A. Sweno Arbucl:le's Bar & Grili, Tnc 374 St. Peter Street 8: C.3_ Truck Rent�1 Saint Paul, Minnesota SS10Z Re: In re the Licenses of Arbuci:le's Bar & Grill License ID ?�o. 71089 Aear Mr, Su�eno: NOT3CE OF HEARING This is to noti�y you that a hea; ine will be held concerning all �he licenses held at tt,e premises stated above at the follov.ring time, date and place: Date: No�°ember 14, 1994 Time: 9:30 a.m. Place: City Ha31/Court House, Room 40-8 15 West Kellogg Bfvd, Saint Paul, :�linnesota S�IOZ 7�k�e judge vnll be an Administra(ive Law 7udoe from the State of Minnesota OEfice of Administrative Hearings: ?�7ame: Suxanne Born, rAdministrati�e Law Judge Office of Administratfve Hearings Suife Z700 100 �i'ashington Square Alinneapolis, Minnesota ��455 Telephone: (6I2) 341-7600 T'he Council of the Ciry of Sainc Paul has the authority to provide for hearings concerning licensed premises, and for adverse action againsi such }icenses, under Chapter 310, induding sections 310.05 and 310.(K, of the Saint Paul I.egislative Code. In the case of license for intoxiCating and non-intoucatin� liquor, authority is also mnveyed by section 340A.415 uf the Minnesota Statutes. Adverse action may include revocauon, suspension, 7fi 4'-l'�:'i.rF c'.�I_ Ot'FICE OF THE CITY ATTORI�+t.Y T.moth� E. Mcr.0 C 1� Acnnw CnL [hvtapn � J " � � =� G1y il� 7<<eptw.+e 61? ?�10 :5 iVrs Kelio� B'r:d f'actzmifc 6I' ?98.$679 Sc:ti P¢u; M:f:ntsom SSiO? I 10� �_le. 199J 1 S� 1i i FF'i ihl C I T � HTTi iFTlE"� �_. OF�= I�_E T?� �-.!•?;�c..F F. i i:: fines and otheF penaldes or conditions. Q 5- q� Evidence wili be piesented ;o the judge which may lead io ad� erse action aeainsi all the }icer�es you hold at the above preni;es �`ollo��: You hare failed to pay rour second haif on-sale intoxicating li�uor license fee as required by section 409.05 (b) of the Saint Paul Legisiative C.ode. That section reqvires that the second par�cent is ta be made wifhin siY (6) months from the date of renewat of the license. The date of renewa( of the license for Arbuckle's was 16-31-93, and the second half payment was due on or before March 31, i99a. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. Xou may also have a person of your choice represent you to the eztent not prohibited as unau±honzed practice of law. The hearing u�il] be conducted in accordance ��th the reqmremenu of seaions 14.57 to 14.62 of the Mitmesota Statutes, and such parts of the procetlures unuer section 310.05 of the Saint Pau] �.e�islative Code as may be appi�cable. A,t the hearing, the Administrat�ce Law Judge U�ill have a71 parties ideatify themseives for the record. Then the Ciri� will presen� its wicnesses and evidence, each of whom the lieensee nr attorney may cross-examine_ "I�he licensee may then otfer in rebuttal any witnesses or evidence it may u�ish to present, each of whom the ciry's attorney may aoss examine. The AdminisVative Law Judge may m addition hcar relcvant and material testimony from persons not presented as witnesses by either party w�o have a substantial or occupants of property located Sn close proximiri• to the licensed premises may have substantial interest in the outcome of the proceeding Concluding arguments may be made by the parties. �ollow�ng the hearin�, the 7ud�e w�ll prepare Findings of Fact, Conclusionc of Law, and a specific recommendauon for action to be tsken by the Citv Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position_ 5uhpoenas may be availaole to compel the attendance of witnesses or the production of documents in conforniity w�th Nitnnesota Rules, part 14p0.7000. If you think that this matter can b� recoh�ed or settied w2thout a formal hearing, pieasc contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, thai stipulation wil] be presented to the Admirustrative Taw Judge for incorporation into his or her recommenda�ion for Council. If you fail to appear at [he hearing, the ailegations against you which have been stated earlier in this notice may be ca�:en as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing it may becvme public unless ohjection is made and relief reques2ed under 'vlinnesota Statutes, cection 14.60, subdivision 2. IlU�!-lr, 19'?-7 l-�ll FF'Clfl �=1T ATTOF'IIEl'� UFFICF Tii '=+=J'?�5�° F' ii-1 VJ � {U Verv Tnily Yours, ; '�'i/'�� f • �.��F=vc�e�_ � .�,NET A REITER Office of the C1N Attorney cc: Kobert Kessler LIEP Alberta Quintela, Jr. C�ty Clerk Suzanne Born Office of Adminictrative Hearings Julie McEnroe Commuruty Organizer, District 17 Community Councfl Notice of Hearing Page 3 IJi iV—le� 19?-1 1= = ll FF'i il�l C 1 T',' ATTi iFT IE �'z� OFFI?F Ti i 9=:-!•?�E.�°_ P, �iS CITY OF SAINT PAUL Nom: eoremvi, Afmor October 20, 1994 Dale A. Sweno Arbuckle's Bar & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, Minnesota 55102 Re: In re the Licenses of Arbucl:le's Bar & Grill Licezue ID No. 11059 l�ear Mr. Sweno: 95 -aS Tekphor.e. 6:? ?65S%i0 Facr _tc� 67? 'SLA5619 �'�4ENllED NOTICE OF HEARTNC This notice supplants the psevious notice dated October 1S, 1994. This �s to notify you that a hearing will be beld conceming all the iicenses held at the premises stated abo�e at tbe following date, ume and place (note change in date}: llate: No��ember 22, Z994 T7me: 9_30 a.m. Place: City Hall/Court House, Room 40-B 15 1�'est Kellogg Biti•d. Saint Paul, b4ittttesota 55102 "Ihe judge wiil b� an Adminisvat�ve Law Judge from thc State of hlinnesota Offrce of Adminisuative Hearings: Name: Richard A. ilosman, Administrative Law Judge Office of Administrative Hear;ngs Su�te 1700 100 �i'ashington Square 1�linneapolis,'�7innesota 5�4�� Telephone: (612) 561-3331 OFF'ICE OF THE CITY ATTOR?�'EY T„norl.y E. ,umz, G^+ A�o.mey � �; n;a::�r -tIX7 C�ry 'N.:�t! :5 Wcc Kc[fo� 6.A.�C. Sur.� Pa:li, N,rnne.wu SSiu� 'Tbe Council of the City of Saint Paul has ahe autboriry to provide for bearings concerniiig licei�sed premises, and for adverse action against such licenses, under Chap2er 1 li i�_!-1 r�-199-1 13 � 1� FF'Of 1 C j T � t=iTTUF'! IEl'=. C!FF [�= E i 0 •�=.-19��.r.� F.'-ir. � � � 310, including sections 310.05 znd 310.06, of ,'r.e Sa:at Paul Legislative Code. In :he case of license for intoxicating and non-into�caur.j liyu.^.r. au:hority is also con�eyec by section 34QA_41� of ;he Minnesoca Scatutes. Adve-se act:on ;nav ine!ude revocaiio�, ssspez�sior_ fines and otber penalties or conditions. Evidence w�ll be presented to the judge which mav ]ead to ad�erse action against all the Iicenses you hold at the abo��e premises as foilows: You have failed fo pay your second half on-sale iato�acating iiquor Iicense fee as required by section 409.Q5 (b) of the Saint Yau! Legislati�e Code. '�'hat section requires that the second pa�ment is to be made ��ithin six (� months i5 the date of renewa! of ihe license. The daie of renewal of the license Tor Arbucl:te's was 10-31-93, and the second half payment ��as due on oc betore March 31, 7994. You have the right to be represented by- an at[orney before and dunng the hearing if you so choose, or you can reprecent yourself. You may also have a person of }�rnsr choice represent you to tt,e extent not prohibited as unau�horized praccice of law. Tbe hearing wit] be conducied in accordance ��th the requuements of sections 14.� i to 14.62 of tbe Minnesota Statutes, and such parts of the procedures under sec�ion 310 OS of tbe Sa?nt Paul �egislaiive Code as ma}' be appl�cable. At E��e hearing, the Administrative Law ludge will ha��e ali parues identify ther��elc�es for the rzcord. 1'hen the Ciry will present its uicnesses and evidence, each of khom the licensee or attorney may cross-examine. The licensee may chen oi;er in rebuttal any witnesses or evidenee it may wish to present, each of whom the ciry�s attorney ma�� cross examine. "I�e Administrative L,aw Judge �nay in addi�ion hear relevant aiid material testimony from persons not presented as wimesses }�y eit5er party who ha�e a substsntial or occupants of pzoperry located in close pro�m.iry to The licensed prerrvse; may have substantial interest in the outcome of the proceedir,g Condudir.g arruments ma�> oe made by the par[ies. Following the heari�g, the Judge ��Il pr�pare Findin�_ of Fact, Cc�nclusions of I.aw, and a specific recommendation for action to bz taken bp the City Cuuncil. You shouid bnng to the hearing a1t documents, records and witnesses you wii] or mav need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production af documen[s in conformiry u�ith Minnesota Ru]es, part 1400.7400. If you think that this mat[er can be resolved or settled ti��ithout a formal hearing, please contact or have your attorney contact thz under'si�ned_ lf a S;ipuJation or agreement can be reacbed as to the facts, that stipulauon will be presented to the Adnunistrat��e L.av, Judge for incorporation into his or her recommendation for Council. If you fail to appear at the hearine, the allegat:ons a�ainst }ou which hac�e been Stated earlier in thiS notice mav be taken ac tn:e and your abilit�� to challenge them 110��-1e•-199J !-�1_ FF'Lihl �=1T, ATTi�PIIE':'S OFF!CE Tii •a'-1'a=•r,�� P it^ q 5 - Q�d forfeited. Lf non-pubLc d2ta is reeeived ;r,to e� at the hearing, i� may become public unless objection is made and relief reCuested t:rder :�linnesota Statutes, section 14.60. subdivi�ion 2. Very Truly Yours, UL- �Il�--G_ ANET A.. RETTER Office of the Ciry Attorney cc: Doug Thomson Attornev for !icense holder Robert Kessler LIEP Lt. Nancy DiPerna Vice Unit P.Iberto Quintela, Jr. City Gerk Richard A. Mosman Offiee of Administrative Hearings �fary Nelson Community Or�anizer, District 17 Cotnt�nuiut}' Council �otice of Hcaring Pzge 3 110� � 199=1 1== 1= FFUf9 C I T'� HTTOF9�IE �'S i_iFF I�-E Ti i crrY oF sarrrr PauL 1�'onr. Colm.cn. Mcvor Noveaber 4 , 1994 Dale A. Sweno Arbuc}:le's $ar & Grill, Inc. & C.J. Truck Ren�a] 374 St. Peter Street Saint Paul, Minnesota 55102 Re: In re the Licenses of Arbuc}:le's Bar & Griil License ID No. 11089 Dear'vLr. Sweno: q5-q8 Te:cpr.o-c. 613 d66.S:70 Fa<s:.-.:e 5i>?A�-SGl9 ,�.'�4E?� D ED '�OTICE OF HF.ARI'!G Tbis notice amends cbe pre��ious Anended Notice of Hearu�g datzd, October 20, 1994. This is to notify you that in addirion to tbe cbwrgec asserted in the October 20, 199� Amended ?�otice of Hearinv, additional e«device will be p_esented to the jud�e 3s folio.:s: On November 1, 1994 the City of St. Paul receiced notice that you hare failed t0 m__3 _iutain vonr F.iqunr T iah'l�t� Tnc,�ra � p �jy��33:941, 35 required by section 409.065 of the St. Paul Legisiatice Code. Tt3at section states that no license shall be maintained uriless lhe licenyee or app)icant complies ��th the insurance requimments mandated by'�4innesota State law•, section 340A.�09. The City did not recei�e a certificate of insurance until late in the alternoon on No��ember 2, 1944. 7'here has been a one and a ha[f dav lapse in vourinsurance covPra�g, AIl other information provisions set fort� in the previouc �'otice of Hearing regarding the remains in effect. You are reminded tnat if you thing this matter can be resolved or settled w�tbout a foruial hearing, please contact or bave your attomey contact the undersigned. If a stipulaUon or agreement can be reacbed as to tbe facu, tbat stipulation witi be presented to tne Adininistrative Law Judge for incorporation into his or ber recommendation for Councff. �a-:1'� •r=.r=.� F' . fi: : OFFICE O"t THk CITY .y i 1 OR\ty T:moJn- c..'.fc.�x C.n�i;com.n c.,,; �:.:s.�, =JJ C:.ti Hcil ZS n'r„c Kc!to� 91id Sc:n� Pc:t' Af�ncsotc j:i1'? If you fail to appear at tbe hearing, the al:egations against you which bave been stated may be taken as true and }=our ability to challenge tbem forfeited. IU=P��r_. 1'_i_�-t 1=�1= �fi49 CITI iiTTQF.IICiS Or("1?C TLi '�]-I'J��_.GS ['.Lr=� / � � Very t*tily Yocrs, ��i�G�G( . iC�ii� J,�\'ET .�_ RFITER Office of the Ciry Attorney cc: Dvug Thomsan Atto�ey for license hoider l�obert F�essler LIEP Lt. \�ancv DiPerna Vice L�nit Alberto QuinteJa, Jr. Ciry Clerk T�ichard A. Mosm2n Office of Adzninictrative Hearing Mary ,�'elson Communiry Organizer, District 1� Communit} Courcil rr_�Ta� F . o� < TRANSACTION REPORT > [ c��c� z v� � N0. DATE TIME DESTSNATION STATION 5778 11-16 12:16 612 298 5619 q5-�� i�-ie-i�sa<weo> l�:zm PG. DURATION MODE RESULT 9 0'03'42" NORM.E OK 9 0°�3'42., OFFICE OF THE CITY ATTORNEY Tunothy E. Ma,s, Ciry Aaomey CITY OF SAINT PAUL r ��: ��I`��=� No�mColeman,Mayo� Q y �t1 'p FSt7 3� ZZ Civit Divuion 400 Ciry Hafi ZS Weu Kellogg Blvd Saiiu Pau1 Mmne.rota 55102 g5 -Q8 riJe't.ii�Jf.�+h . itltl�(�a= HEG ;I.�vs November 4 , 1994 Dale A. Sweno Arbuckle's Bar & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, Minnesota 55102 Re: In re the Licenses of Arbuckle's Bar & Grill License ID No. 11089 Dear Mr. Sweno: Tekphone� 612 2668710 Facsimi/e: 6I2 298-56I9 ADZENDED NOTICE OF HEARING This notice amends the previous Amended Notice of Hearing dated, October 20, 1994. This is to notify you that in addirion to the charges asserted in the Ociober 20, 1994 Amended Notice of Hearing, additional evidence will be presented to the judge as follows: On November 1,1994 the City of St. Paul received notice that you have failed to maintain your Liquor Liability Insurance, policy #LAMN385941, as required by section 409.065 of the St. Paul Legislative Code. That section states that no license shall be maintained unless the licensee or applicant complies with the insurance requirements mandated by Minnesota State law, section 340A.409. T'he City did not receive a certfficate of insurance until late in the afternoon on November 2, 1994. There has been a one and a half day lapse in your insurance coverase. All other information provisions set forth in the previous Notice of Hearing regarding the remains in effect. You aze reminded that if you thing this matter can be resolved or settled withont a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reacbed as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporarion into his oz her recommendation for Council. If you fail to appeaz at the hearing, the allegations against you w2uch have been stated may be taken as true and your ability to cballenge them forfeited. �J l� Very truly Yours, ��!Yr,U� G� • �C�_ JAI�TET A. RETTER Office of ihe City Attomey cc: Doug TYiomson Attomey for license holder Robert Kessler LIEP Lt. Nancy DiPerna Vice Unit Alberto Quintela, Jr. CSty Clerk Richard A. Mosman Office of Administrative Hearing Mary Nelson Community Organizer, District 17 Community Council �ZEC?=; Y�� CITY OF SAINT �1��L7'f.` �� g� �+ 3 Norm Colemm; Mayor ; i F.-; ! � S' L k�"r?;fYGS ri October 20, 1994 Dale A. Sweno Arbuckle's Bar & Grill, Inc. & C.J. Truck Rental 374 St. Peter Street Saint Paul, Minnesota 55102 Re: In re the Licenses of Arbuckle's Bar & Grill License ID No. 11089 Dear Mr. Sweno: �5 - �l3 Teleplwne 612 266-8710 Facsimile: 6I2 29&5619 AMENDED NOTICE OF HEARING This notice supplanu the previous notice dated October,l8, 1994. This is to notify you that a liearing will be held coneerning all the li�enses held at the preinises sta"ted above at the £ollowing date, time and place (note change in date): - Date: November 22, 1994 7ime: 9:30 a.m. Place: City Hall/Court House, Room 40-B 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Adsunistrat:ve �T-Ie2rings: Name: Richard A. Mosman, Administrative Law Judge Office of Administrative Hearings Suite 1700 100 Washington Square Minneapolis, Minnesota 55455 Telephone: (612) 861-3331 Qr�cE oF � crrY n�rro�#�" �� 1)g�G Timorhy E. Mm.S Ciry Amomey Civil Divition 400 Crry Hall zs weu xerro� a�a Saint Pau� Af+nnewta SSIO2 The Council of the City Saint Paul has the authority to provide for hearings conceming.licensed premises, and for adverse action against such licenses; undei Chapter � �� • 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of license for intoxicating and non-intoxicating liquor, authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses yau hold at the above premises as follows: You have failed to pay your second half on-sale intoxicating liquor license fee as required by section 409.05 (b) of the Saint Paul Legislative Code. That section requires that the second payment is to be made within six (6) months from the date of renewal of the license. The date of renewal of the license for Arbuckle's was 10-31-93, and the second half payment was due on or before March 31, 1994. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the city's attorney may cross examine. The Administrative I.aw Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial or occupants of property Iocated in cIose pro�mity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of L.aw, and a specific recommendation for action to be taken by the City Councii. You should bring to the hearing all documents, records and witnesses you wiil or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please conYact or have yonr aitomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them � � r� forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14.60, subdivision 2. Very Truly Yours, � �I "IK�C.� ANET A. REITER Office of the City Attomey cc: Doug Thomson Attomey for license holder Robert Kessler LIEP Lt. Nancy DiPema Vice Unit Alberto Quintela, Jr. City Clerk Richard A. Mosman Office of Administrative Hearings Mary Nelson Community Organizer, District 17 Community Council Notice of Hearing Page 3