96-128Green sheet � �563�
RESOLUTION
SAINT PAUL, MINNESOTA
Presented By
WI3EREAS, the City of Saint Paul, Department of License, Inspections and
Environmental Protection (LIEP) began an adverse action against the licenses held by Rozenkranz
Industries, Inc. d/b/a Rosey's Coffeehouse, located at 613 Grand Avenue, Saint Paul, Minnesota,
for its failure to abide by the terms and conditions of Saint Paul Legislative Code § 106.01(b);
and
WHEREAS, on November 21, 1995, an adverse hearing was held before Administrative
Law Judae (AL� James Ranum. Stephen J. Christie, assistant city attomey appeazed on behalf
of LIEP. The licensee's owner and business manager, 7eff Rosenkranz, was too ill to appear and
Michael Rosenkranz, his father, appeazed in his place. Each side submitted oral testimony,
documents, and e�ibits into evidence and the matter was taken under advisement; and
WHEREAS, on December 23, 1995, the ALJ entered his Findings of Fact, Conclusions
of Law and Recommendation for the Council of the City of Saint Paul; and
WHEREAS, at a public hearing on January 17, 1996, the Council of the City of Saint
Paul considered the evidence contained in the record, the ALJ's fmdings and recommendation
and the testimony of LIEP's counsel and Michael Rosenkranz; NOW THEREFORE, BE IT
RESOLVED, that the Council of the City of Saint Paul, based upon the record of the
enfire proceedings herein, including the adverse heazing of November 21, 1995, does hereby
order:
l. That the Findings, Conclusions and Recommendations of the ALJ,
filed December 23, 1995, be accepted as the finding of the Councii
in this matter with the modifications and additions noted below.
2. That the licenses held by Rozenkranz Industries, Inc. d/b/a Rosey's
Coffeehouse at 613 Grand Avenue in Saint Paul, Minnesota, are
hereby suspended for a period of two (2) consecutive days
commencing Wednesday, February 28, 1996.
3. That the licensee shall pay partial costs of the adverse hearing in
the sum of Five Hundred Dollars ($500.00) to the City of Saint
Paul, Department of License, Inspections and Environmental
Protection within thirty (30) days of the adoption of this resolution.
4. That as a condition of the licenses, the licensee shall have a
responsible person of suitable age and judgment on the premises at
613 Grand Avenue to manage the coffeehouse at all times it is
open.
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, . � __ Council File # le—/z�
1
2
3
4
5
6
7
8
9
10
11
12
13
Adopted by Council: Date ��,� �
Adoption Certified by Council Secretary
By:
�
By:
5. That, as a condition of the existing licenses, the present licensee
shall not operate a sidewalk cafe within the meaning of Saint Paul
Legislative Code §106.01.
6. That, as a condition of the licenses, the licensee shall be
responsible for daily sweeping and maintaining the sidewalk azea
free from litter for one hundred (100) feet on each side of the
coffeehouse.
7. That a copy of this Resolution, as adopted, shall be sent by first
class mail to the licensee and the ALJ.
Requested by Department of:
Sy:
�f( -�zp'
Form Ap �etved City �ttorney
By:
Approved by Mayor for Submission to Council
sy:
9G -iZS�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED ' V� 3 5 6 3 5
c�t coun��� /29/96 GREEN SHEE _ _ _
INfTIAVDATE INRIAUDATE
CONTACf PERSON & PHONE � DEPARTMENT DIRECTOR O CfTYCAUNCIL
Nanc Anderson ���N �CITYATfORNEV �pNCLERK
MUST BE ON COUNCIL AGEN�A BY (DATE) NUYBER FOP � BU�G� DIRECTOR � FIN. & MGT. SEFVICES DIR.
RpiJTING
February 7, 1996 �� � MAVOR (ORA$$ISTANn �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUE5TED:
Finalizing City Council action taken January 17,:1996 concerning adverse action against
licenses held by Rozenkranz Industries, Inc., dba Rosey's Coffeehouse, 613 Grand Avenue.
RECAMMENDATiONS: npprove (n) rn Reject (R) pEHSONAL SEHVICE CONTRACTS MUS7 ANSWER THE FOILOWING QUESTIONS:
_ PLANNING CAMMISSION _ CIVIL SERVICE CAMMISSION 1. Has this persoNfirm ever worked under a contract for Nis deparfinent?
_ CIB CoMMrt7EE _ �'ES NO
— �� F 2. Has this personttum ever heen a city employee?
— VES NO
_ DISTRiCT COUR7 _ 3. Does this Derson/firm possess a skill not normally possessed by any current city employee?
SUPPORfS WHICH CqUNCIL OBJECTIVE7 YES NO
Expletn ell yes anawers on separete sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNRY (Wlw, Whet. Whan, Where, Why):
ADVANTAGESIFAPPROVED:
DISAOVANTAGES IFAPPROVED:
DISADVANTAGES IP NOTAPPROVED:
TOTAL AMOUNT OF 7RANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIHG SOURCE ACTIVITY NUMBER
F�NANG�AL INFORMATION: (EXPLAIN)
CITY OF SATNT PAI}b,
No'm Colemme, Mayor
January 3, 1996
Seff J. Rosenkranz
Rozenkranz Industries, Inc.
d/b/a Rosey's Coffeehouse
613 Grand Avenue West
Saint Paul, Minnesota 55102
NOTICE OF COUNCIL HEARING
RE: P_11 licenses h213 by Roze*_?'.�cranz Indu�tri2s, Inc., r'.ba Rosey's
Coffeehouse for the premises iocated at 613 Grand Avenue
West, Saint Paul.
Our File Number: G95-0279
Dear Mr. Rosenkranz:
Please take notice that a hearing on the report of the
Administrative Law Judge concerning the above-mentioned license has
been scheduled for 3:30 p.m., Wedneaday, January 17, 1996, in the
City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey
County Courthouse.
You have the opportunity to file exceptions to the report with the
City Clerk at any time during normal business hours. You may also
present oral or written argument to the council at the Hearing. No
The Council will base its decision on the record of the proceedings
before the Administrative Law Judge and on the arguments made and
exceptions filed, but may c3epart from the recommendations of such
Judge as permitted by law in the exercise of its judgement and
discretion.
Very truly yours,
li�.-�.-✓ ""
S en . Christie
Assistant City Attorney
cc: Michael Ronsenkranz, 4485 Weston Lane, Plymouth, MN 55446
Jeff Rosenkranz, 1150 Hennepin Ave. # 606, Mpls, MN 55403
Nancy Anderson, Assistant Council Secretary
Chris Trost, Executive Director, Summit Hill Association, 860
St. Clair Ave., St. Paul, MN 55105
Robert Kessler, Director, LIEP
Kris Schweinler, License Inspector, LIEP
OFFICE OF TEIE CITY ATTORNEY 1 �
r,matry & ,Na,x c;ry a,rorney �( �
C±vil Division
400 City Hall Telephone: 6I2 266-8710
IS West Kellogg BZvd Facsimile: 6/2 298-56/9
Saint Pau� ATmnesom 55702
OFFICE OF THE CITY ATTORNEY
Timaihy E Mars, City Attorney �` ,�� Z�
CITY OF SAINT PAUL
Norm Colemme, Mayor
Civrl Division
400 City Hall
1 i �est Kellogg Blvd
Saint Paul, �nnesota 55702
Telephone: 672 266-8710
Facsimile: 612 2985619
January 26, 1996
Nancy Anderson
310 City Hall
_�...-.,- ,- :it'.
_ ... °� .�__
RE: Wednesday, February 7, 1996 Council Hearing
Item for Consent Agenda:
Rozenkranz Industries, Inc. d/b/a Rosey's Coffeehouse
Nancy:
Attached is the signed resolution identifying the penalties imposed
by the City Council on Rosey's Coffeehouse. Please schedule this
item for the Consent Agenda for the Council Hearing on Wednesday,
February 7, 1996.
c
Paralegal
Thank you.
December 29, 1995
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, MN 55102
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
_
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R E�E\�`��'
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C11`{ CtERK
Re: In the Matter of All Licenses Held by Rosenkranz Industries, Inc. d/b/a
Rosey's Coffeehouse; OAH Docket No. 57-2101-10158-3
Dear Mr. Owusu:
On December 28, 1995, Administrative Law Judge Ranum served the Findings
of Fact, Conclusions of Law and Recommendation in the above-entitled matter.
Enclosed is the official record, including exhibits and tapes. Our file in this matter is
now being closed.
Very truly yours,
�� ��� ��� . �
ancy Thomas
Docket Clerk
TeYephone: 612/341-7615
NT
Enc.
Providing Impartial Hearings for Government and Citizens
An Eq ual Opportunity Employer
Administretive Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665
t
`"11.�t�
Fiie No. 57-2i01-10158-3
STATE OF MINNESOTA
OFFIGE OF ADMINISTRATIVE HEARINGS
FOR THE ST. PAUL CITY COUNCIL
In the Matter of Ail Licenses
Held by Rosenkranz Industries,
Inc., doing business as
Rosey's Coffeehouse for the
Premises Located at 613 Grand
Avenue West, St. Paui
RECEIVED
JA�d - 3 1996
CITY CLERk�
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND RECOMMENDATION
The above entitled matter came on fa� hearing before Administrative Law .ludge
James H. Ranum, at 9:30 a.m. on Tuesday, November 21, 1995, in Room 41 of the St.
Paul City Hall, St. Paul, Minnesota.
Stephen J. Christie, Assistant St. Paul City Attorney, 40� City Hall, 15 West Kellogg
Boulevard, St. Paul, Minnesota, appeared on behaif the St. Paul Division of Environmental
Health. The license holder Jeff J. Rosenkranz, Rosenkranz Industries, Inc., doing business
as Rosey's Goffeehouse, 613 Grand Avenue West, St. Paul, Minnesota, did not appear
at the hearing. Michaei Rosenkranz appeared on behalf of Jeff J. Rosenkranz. The record
closed on December 20, 1995 the date of the last submissions by the parties.
These Findings and Conciusians may be appealed to the St. Paul City Council by
any aggrieved person by filing a notice with City Clerk. The appeal wiii then be scheduled
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for a hearing at the next City Council meeting. These appeal provisions are contained
in §331.05(m)(5), St. Paui Legislative Code.
STATEMENT OF ISSUE
The issue to be determined in this case is whether grounds exist to support the
assessment of penalties against Rosenkranz Industries, Inc. doing business as Rosey's
Coffeehouse (hereinafter "Rosey's Coffeehouse")
FINDINGS OF FACT
1. Rosey's Coffeehouse is a restaurant located at 613 Grand Avenue West in
St. Paul, Minnesota. It is a restaurant with a"C" limited license granted by the City of St.
Paul. At all time relevant herein, Rosey's Coffeehouse did not have an entertainment
license.
2. On April 21, 1995, Rosey's Coffeehouse agreed to conditions on its license.
They included closing outdoor seating, storing away tables and chairs by 11:00 p.m.,
placing tables and chairs only in front of Rosey's Coffeehouse unless written permission
is obtainedfrom neighboring businesses, Rosey's policing the areafor litter and maintaining
a barrier so that a 36" passageway on the sidewalk will be maintained (City Ex. 3).
3. On June 2, 1995, approximately 25 patrons were occupying the length of
the building from the drug store to the dentist office; some patrons were sitting on parked
cars.
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4. On June 4, 1995, there were eight chairs of Rosey's in front of the adjoining
dentist office and a table in front of the pharmacy. Two additional tables were in front of
Rosey's and no trash cans or ropes maintaining a 36" sidewaik area were in place.
5. That from June 6, 1995 to June 9, 1995, generai trash on sidewalk had not
been cleaned up (City Ex. 11).
6. On June 13, 1995, there were compiaints about Rosey's to the St. Paul Police
Department aboutfirecrackers and patrons playing "chicken" in the street; obscenities were
also uttered by patrons.
7. On June 14, 1995, Kris Schweinier and Kristie Rozak, City Inspector, visited
Rosey's Coffeehouse in response to continuing complaints from neighbors concerning
excessive noise, litter, loitering and expansion of the sidewalk cafe to beyond the coffee
house front. The inspector followed up her verbai admonition with a letter (City Ex. 6).
8. On June 15, 1995, approximately 20 patrons were blocking the entire
sidewalk area.
9. On June 16, 1995, three chairs were on the sidewalk and trash was strewn
throughout the area bringing complaints from neighbors.
10. On June 18, 1995, tables from Rosey's Coffeehouse were in front of the
dentist office and the drug store. Also, there were quantities of trash in the area (City Ex.
9, Ex. 12).
11. On June 20, 1995, ten tabies and chairs were in front of the drug store.
Qc�
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12. On June 24, 1995, a letter was sent revoking sidewalk use in compliance
with Chapter 106.01(b) of the St. Paul Legislative Code. The letter was from Assistant
City Attorney Philip Syrne. He informed the license holder that approval had been
withdrawn for operation of the sidewaik cafe in front of the cafe because the sidewaik cafe
resuited in danger to the public health, safety and welfare. It also created a nuisance in
the neighborhood. The letter also put Rosey's on notice that Rosey's was in violation of
requirements to close the restaurant by 11:00 p.m. and by not taking the tables and chairs
inside and by not permitting entertainment on the premises without a(icense (City Ex. 7).
13. On June 26, 1995, there was much trash and litter in the area.
14. On June 27, 1995, Rosey's Coffeehouse was toid to make appropriate
corrections with respect to tables on the sidewalk.
15. On June 30, 1995, Rosey's tables were observed in front of the drug store.
16. On July 10, 1995, Rosey's was issued a complaint for violation of Chapter
106.01(b) for failure to remove tables.
17. On July 11, 1995, Ms. Schweinler noted that Rosey's still had tables on the
sidewalk.
18. Over the next two months, July and August, tables and chairs were
continually on the sidewalk both in front of Rosey's and in front of the neighboring business
establishments. The odor of marijuana coming from Rosey's was present. Patrons were
seen urinating near the next door chiropractic clinic, graffiti was defaced neighboring
buifdings.
C�
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Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS OF LAW
1. The Administrative Law Judge has jurisdiction in this matter pursuant to
§331.05(m)(4) of the St. Paul Legislative Code and Minn. Stat. 14.55. The notice of
hearing was proper and the City has complied with all other substantive and procedural
requirements of law or rule.
2. Chapter 106.01(b)(1) provides: No sidewalk cafe shall be permitted in any
portion of the public sidewalk where normal pedestrian traffic flow is obstructed. Minimum
clearance width of 36" shail be maintained on the public sidewaik at ail times.
3. Rosey's violated 106.01(b)(1) by not maintaining a minimum clearance width
of 36" on the sidewalk. The result was the interference with pedestrian traffic flow.
RECOMMENDATION
The undersigned recommends the following penalties against Rosey's Coffeehouse:
1. A two day suspension of operation of Rosey's Coffeehouse.
2. That a responsible person be on duty at all times that the coffee house is
open.
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3. That Rosey's Coffeehouse be responsible for sweeping and/or shoveling
the area 100 feet on each side of the coifee house.
Dated this ����day of ����� 199_
H. RANUM
trative Law Judge
�
��-i�
MEMORANDUM
Unquestionabiy, Rosey's Coffeehouse has been an unacceptable blight on the
neighborhood and without the prospect of improvement it shouid be closed down. But
the demeanor of Rosey's Coffeehouse witnesses and the contents of their evidence create
a strong likelihood that Rosey's Coffeehouse will be a pronounced asset to the neighbor-
...
Rosey's Coffeehouse has had disturbing activities during the time of its existence
due to management and employees who have not been equipped or skiiled to deal with
them. But the allegations made against the coffee house have occurred during a different
ownership (the Coffeehouse Inc.) or management operating the business.
However, in order to make it pertectly clear to the present management it is essential
that the coffee house be penalized for the past conduct.
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OFFICE OF THE CITY ATTORNEY
Ttmothy E. Mmx, (Sty Attomey
CITY OF SAINT PAUL
Nam Cdemm', Mayor
Civi1 Division
4Q0 City HaA
IS Weu ICellogg Blvd
Sant Pau; Minnesom 55102
Telephone: 612 26G8710
Fatsimrle: 6Z2 29&5619
December 20, 1995
RECEIVED
JAN - 3 1996
James H. Ranum, Esq. �1TY CLERt�
Administrative Law Judge
Suite 1960 150 South Fifth Street
Minneapolis, Minnesota 55402
In Re: The License of Rosenkranz Industries, Inc. d/b/a/ Rosey's
Coffeehouse
Dear Judqe Ranum:
This document sets forth the City's position to be considered in
the preparation of your report to the council in the above-
referenced matter. I appreciate the consideration you have
af iCT4�84'� i« �,. i::i� °l;�@�:'^vY� esnec9.ally ].11 11Q�1t Of IRV dbDdT2llt
confusion over what you desired. I originally believed that you
wanted formal proposed findings of fact. I now understand that you
simply wanted an outline of the City's position in lieu of the
hearing's final argument. 2 hope 2 have complied satisfactorily
with your request; if not, please do not hesitate to contaat me.
At the end of the hearing, I noted there were few or no issues of
contested fact. As I understand Rosey's case at the hearing and in
their recent written submission, Rosey's does not deny the factual
allegations set forth in the notice of hearing and established
through the testimony and exhibits. Rosey's instead asserts that
there will not be a repeat of the summer's problems because of
steps that have been taken under "new" management to correct the
situation.
������
AI,LEGATIONS
1. That the licensee has created or failed to control a
nuisance situation resulting from the operation of a sidewalk
cafe by: the obstruction of the sidewalk in front of the cafe
by table and chairs; the placement of the same in front of
adjoining properties; the failure to clean up litter; and
allowing disorderly persons onto the roof of the building. This
occurred on numerous occasions between June 4 and August 18,
1995, including 6/4/95, 6/4/95, 6/9/95, 6/10/95, 6/11/95,
5/12/95, 6/13/95, 6/14/95, 6/16/95, 6/1'J/95, 6/18/95, 6/19/95,
6/20/95, 6f21/95� 6/22j95, 7/5j95� 7j9J95, 7/10/95� 7fllj°5�
7/19/95, 7/21/95, 7/25/95. 7/27/95. 7/29/95, 8/2/95. 8/3/95,
8/4/95, 8/16/95, 8/17j95 and 8/18/95.
This general allegation is primarily supported by the testimony of
citizens Ian Ball, Ted Dooley, Jay Lambert, Kathleen Snell and the
documentary and photographic evidence produced by them as Exhibits
9-12. Their observations and complaints were corroborated by
inspectors Xris Schweinler and Rich Jents as evidenced by their
testimony and Exhibits 8, 13 and 14. The problems of litter,
sidewalk availability, and vandalism of adjoining property were of
particular concern.
* * *
2. That the licensee violated the sidewalk cafe ordinance (St.
Paul Leg. Code §106.01) by placing table and chairs, or failing
to prevent patrons from taking out the same, onto the sidewalk
on numerous occasions after the necessary approval had been
withdrawn on June 28, 1995. This occurred on numerous occasions
between Jane 30 a:z3 Auaust 19, 1995, i.ncluding 6/30/95, 7/2/95,
7/4/95, 7/5/95, 7/6/95, 7/7/95, 7/9/8/95, 7/11/95, 7/16/95,
7/28/95, 7/29/95, 8/2/95. 8/16/95, 8/18/95, 8/19/95:
This more specific allegation of an ordinance violation somewhat
overlaps with the above and underscores the serious nature of the
nuisance complaints. The violations occur after the sidewalk cafe
permission had been withdrawn because of the continuing complaints.
The dates in question involved clear violations of the ordinance's
detailed provisions which had been set forth as conditions of the
license [Exhibits 1, 3]; e�cplained in correspondence [Exhibits 2,
6]; referenced as a basis for adverse action [Exhibit 7]; and whose
violation also resulted in a criminal citation which still has not
been answered [E�chibit 5]. The evidence concerning the specific
dates of violation are the same as the above.
* * *
q�_��
3. That the licensee violated conditions placed upon the
sidewalk cafe, specifically in not closing the outside area at
11:00 p.m. every day and taking the tables and chairs inside.
This occurred on 6/11/95, 6/15/95, and 6/16/95.
This allegation also overlaps with the first allegation of creating
a nuisance by violating of the conditions of the license which had
incorporated the provisions of the ordinance's sidewalk cafe
permission. Accordingly, the allegation is also a violation of the
sidewalk ordinance referenced above. The evidence supporting the
specific dates of violation is found in the testimony of `Ped Dooley
and Exhibits 11 and 12.
* * *
4.That between May 4-11, 1995 the licensee has permitted
entertainment on the premises without obtaining the necessary
license.
This allegation is hereby withdrawn as the City acknowledge's that
the judge is unable to competently rely upon the vague hearsay
testimony of inspector Jents.
* * *
5. That the licensee has failed to have someone in charge and
in supervision of the business at all times, including 6/14/95,
6/27/95, 6/28/95, 7/3/95, 7/7/95 and 7J10/95.
This allegation reflects dates when LIEP inspectors visited Rosey's
and observed violations of the license conditions or sidewalk
ordinance. Inspectors testified to their frustrating experiences
in not being able to find and work with Jeff Rosenkranz, the owner
and designated business license manager of Rosey's [Exhibit 4], or
any party designated by Rosenkranz to manage in his absence.
Employees did not hold themselves out as responsible parties during
inspections.
ADVERSE ACTZON
In light of these supportable allegations, the City formally
requested adverse action be taken against Rosey's license.
Inspector Schweinler testified to the logic behind the proposed
action. Although this is the first hearing toward adverse action,
the evidence revealed a long history of complaints and an entire
sur�mer of nuisance violations of the license conditions and
sidewalk ordinance. The City recommends that Rosey's be treated
similarly to other first-time violators under the ordinance matrix
for liquor license violations. While it is not applicable on its
face, the matrix is often a benchmark for other adverse action
� ,
against a variety of licenses.
The recommendation is for a three-day suspension of operation with
two of the days stayed upon a number of conditions: no operation
of a sidewalk cafe, provide a responsible manager be on the
premises during all hours of cafe operation, maintain a litter-free
area in front and within 100 feet of the cafe in any direction, and
reapplication for the same type of license by another responsible
person other than Jeff Rosenkranz, and the payment of the City�s
costs incurred in the administrative hearing process.
The recommended adverse action is appropriate in light of the
nrotracted history of the allegations. The City has taken into
account the apparent improvement in th� operation of *he cafe since
the summer; however, the alleged nuisances and violations seem
particularly weather-sensitive and may have diminished more as the
result of the season rather than from an improved management. The
same two individuals (Jan Berger and Mike Bougie) offered by
Rosey's as the new and more responsible managers were also employed
at Rosey's throughout most of the past summer.
For all of the above reasons, the City asks for the requisite
factual findings supported in the record with the proposed
recommendation for adverse action.
Very truly yours,
STEPHEN J. CHRISTIE
Assistant City Attorney
cc: Jan Berger, Rosey's Coffeehouse
ROSENKRANZ INDUSTRIES INC.
613 GRAND AVENUE
SA1NT PAUL, MINNESOTA 551Q2
December 6, 1995
JUDGE JAMES H. RANUM P.A.
SU4TE 196a
FIFTH STREEf TOWERS
150 SOUTH FIFiH STREET
MiNNEAPOLIS, Ph1NNESOTA 55A02
��-��r
RE: Arguments to support Rosenkranz Ind�stries inc., dba Rosey's Coffeehaus�, to not
revoke licenses held at the premises located at 613 Grand Avenue, Saint Paul.
Best Judge F2anum, �--
Roseys Coffeehouse has had disturbing patrons during times of iYs e�stance due to
management and nel that has not been equiped os skilled to dea{ �evith dist,���,trarss in
a good- se not ha e aliigations of disturbance made towards the coffeehouse
have ocurred dun erent owners ip (fhe Coffeehouse Inc.} or management and-{Zersonel
aperatin usiness. The plaintiffs have not had a reason or made an effort to contact the
exi ' management or personeil to engage in a creative discussion about the disturbance that
as occured in the past. Please also note that a business targeted by undesired patrons who
insist on not listening to reasan are one of the most difficult tasks to solve when the
oircumstances on�y allow the Iaw to go so far. As you are aware of, this creates a grey zone
where the business andlor the Police can not touch patrons that insist on not moving along,
despite that their presence is not desired by the business cr the neighborhood.
In order to continue the operation of a fully functional business, Roseys Coffeehouse
has taken a!t actions neoessary as of August 8, 1995. Rosenkranz 4ndustties !nc. presents the
following arguments for nof revoking the Sidewalk Cafe' License or suspending the Business
Cperating Licease for three days. A revokat'son andJor suspension woWd affect the business
finances in ways that most likeiy would prevent further operation of Rosey`s CofFeehouse and
eliminate appritiated services f�r i#'s present 130 daily regular patrons.
!f any further questions please do not hesitate to contact Mr. Jan Berger, Mr. Mike Bougie or
Mr. Josh Snater by telephone a4 224-4640.
Sincerely,
Enciosed: Apendix 1. Opening hours and House rules
Apend'ex 2. 4Vork scherlule
Flpendix 3. Staffs Actlons; section 1 vf Rosey�s business manual
In order to present a business that provides a desirable atmosphere tc the neighborhood� I ��
Rosey's Coffeehouse:
- has on several occasions approached the City of Saint Paul (Ms. Kristina Schweinler) to find a
solution to the disturbance of patrons, but with little or no response.
- has, when the City of Saint Pau( (Ms. Kristfna Schwein(er} made sugestions of action to be
taken, questioned 4vhether or not these suggestions ware within their legal obligations as a
business. Roseys Coffeehouse did not receive paperwork that had been requested upon
numerous occasions authorizing that the suggested actions be taken.
- has engaged in discussion with T�r. f2ichard Jents {�ity ofi Saint Paul) and OfiFicer pon Hase
(the Saint Paul Police Department) to create problem solving stratagies for the business and
neighborhood.
- has been refusing services ta patrons that have previously been customers and that are known
to cause disturbances.
- has posted guidelines on the trontdoor af what is expected of patrons (see apendix 1}.
- has installed an effective employment method of new personel.
- is currently operated by mangemenY and personel that have good knowlege andlor experfence
in the croffeehouse business:
Mike Bougie (manager); educated and experienced in running an effective business, has
adequate knowiege of the coffeehouse business.
Josh Snater (manager}; five years experience and knowiege of operating and managing
coffeehouses, has worked at several coffeehouses solving problems with disturbing patrons.
Matt Walburn; three years experience and knowlege of working �n coffeehouses, and has
worked at a coffehouse that soived problems with dEsturbing patrons.
Phil Ward; two years experience and knowlege of working in a coffeehouse, is well skilled
when dealing with distubing patrons.
Brian Eng; iwo years experience and knowlege of working in a coffeehouse, is well skilled
when dealing with disturbing patrons.
Cristina Parente; three ysars of experience and knowlege of working in a coffeehouse.
Keily Mortensen; one year experience and knawlege of working in a coffeehouse.
- has rascheduled the fernale personel to work on saturday and sunday morning artd day when
disturbance is not likely to occur (see ape�dix 2).
- has a manager schedualed ta be in the shop:
monday, tuesday and thursday - 7:OQ am to 6:00 pm
wednesday - 7:00 am to 12:00 pm and 6:00 pm to 12:00 am
friday - 12:00 to 6:00 pm or 6:00 pm to 2:Q0 am
saturday - 6:00 pm to 2:00 am
{see apendix 2).
- has invited patroi officers of the Saint Paul Police to visit the coffeehouse, which has resulted
in the patronage of patro4 officers Pete Semenkewitz, Tom Johnson, J441 McKraav, Charies Lee
Zane Koeger, and Ron Whitman as weli as seueral others visi:ing the coffeehouse on a daily
basis.
- has created a business manual that in detaii describes what is expecteci of the personel in
order to keep a desired atmosphere inside as well as outsic�e the establishment (see apendix 3).
Page 2.
� � ���
In order to get the Sidewaik Cafe' License reinstated, Rosey�s Coffeehouse is, besides
meeting alt requirements statued for the license, willing to:
- not only keep the nearby area clean 6ut also 100 feet of Grand Avenue in all directions from the
store front
- patrol the area of Grand Avenue and Dale Street in order to avoid the presence of disYUrbing
patrons.
- quickly respond to all undesired occurances that are experienced by neighbours and reported
to management.
- invite city officials as guests to better understand the business situation, and to beYer
demonstrate our current patrons.
Page 3.
a�-ia��'
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gri �:00 am i�o �:00 �m
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Sun �:00 �m i�o 1�:00 am
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Apendix. 2
M�nday ' Tuesday Wednesday I Th�rsday � Y�'riday Saturday Sanday
op �:� 1VIike l�ke �e l�ik� Phi� Ct°istina Cristi�a I
��� � Josh Jas� i�[att ��s� '� Keli Ke1i �
.ros�
6:30-Clnse Matt Phil Jmsh Phil `� Josla M�tt !
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QG_ I�t'
Apendix 3
Staffs Actions
Where am i supposed to be?
' Working staff are to remain behind counter unless you have work duties to attend to elsewere,
keep all areas spotless at ali times.
* Ali tabfes must be prepared for other customers as soon as the seated leaves. it is good to
ciear tables from empty botties, cans, etc., and empty ash trays when needed to accomodate
our customers.
* Make frequent rounds ouTside to make sure that the sidewalk and nearby area is free from
litter.
What must I always enforce?
` No smoking is ailowed exept in the designated areas.
" Check ID on everyone who buys cigarettes and does not look like they are at least 25 years of
age.
* The basement is only to be attended for toilet use by customers. Make no exeptions at any
time.
What am I entitied to?
* Staff is permitted to drink coffee, all other products must be payed for accordingfy to employee
rates and written down as instructed.
" Working staff has the authoroty to make all decisions for what needs to be done to keep the
desired atmosphere whe� manager is absent from the store.
What music is to be played9
" The music that is to be played has to be laidback and ofi the kind that most people do not find
offensive. Harri club and rap music or music with explicit lyrics are not to be giayed at any tirvse.
If you have music that is questionable whether or not it is to be played always check vdith
manager before it is played. Music is to be played in the bacP�qround no louder than four on the
receiver. Use good judgement if the recordings quaiity is too loud or quiet.
What is expected of our custamers?
* Customers who do not fiollow the House Rules posteci on the front door must be asked to
leave. When doing so be pofite no matter what the reasons are, but they are going to feave. Do
not make any exceptions, use good judgement and do not make exceptions tor friends or fikely.
' Make sure that no customers bring any dishes or furniture outside Roseys doors.
° Customers who have been asked to leave are not permitted 4o return unless it has been
approved by manager first. If you are uncertain if a customer is allowed to stay or not always
check with manager first before you !et him or her back in.
* The only people allowed behind the counter are people employed by Rose�f s, make no
exeptions at any time.
What about the telephone?
The telephone is tor business u=e only. We do not page customers or answer paged peopfes
calis for customers. Exceptiors may be made for other businass customers who attend Rosey's
on a regular basis as part of ths service we offer. Use good judgement and do not make
exceptions fioc firiends or likely.
OFFICE OF THE CITY ATTORNEY ���
Timolhy E Marx, Ciry Attorney �
CITY OF SAINT PAUL ' c;�,r DNUra„
Nosm Colemax, Mayor �� �: :' j? --. 4p�Ciry Hal1 Telephone: 6!2 266-8i70
�- TS `Kest Kellogg Blvd. Facsimile: 672 298-5679
Sain! Paul, Minnesom 55702
i i�_�.—.i -_ -_ _
November 16, 1995
_�� i�/i���,s VIA FAX AND U.S. MAIL
Judge James H. Ranum
Office of Administrative Heazings
100 Washington Squaze, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: In re The Licenses held by Rozenkranz Industries, Inc., d/b/a Rosey's Coffeehouse for the
premisis loca<ed a* 6? 3 C-�and Aver.ue �3Jest, Sa;;.� raui
Our File Number: G95-0279
Deaz Judge Ranum:
The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000
relating to the above-mentioned contested case hearing that is scheduled to be heard before you
on Tuesday, 21, 1995. This request is made of behalf of Mr. Stephen Christie, the attorney
assigned to this matter. The City of St. Paui License Division will be calling these witnesses to
testify regazding the incident which serves as a basis for the action against the licenses of
Rozenkranz Industries, Inc., d/b/a Rosey's Coffeehonse.
In order to ensure these individuals will be in attendance to testify, the City of St. Paul requests
from the State Office of Adminisuative Hearings subpoenas for the foilowing individuals:
1.) Jay Lambert
Grand Center for Wellness
607 Grand Avenue
St. Pau1, MN 55101
3.) Officer pon E. Aase
St. Paul Police Department
100 E. llth Street
St. Paul, MN 55101
2.) Kathiine Snell
Grand Center for Wellness
60'7 Grand Avenue
St. Paul, MN 55101
The hearing is scheduled to start at 9:30 a.m. on Tuesday, November 21, 1995, in Room 41, St.
Paui City Hali, 15 West Kellogg Boulevazd, St. Paul, MN 55102.
If you need additional information or have any questions regazding this request, please do not
hesitate to contac e at 266-8776. Thank you for your consideration in this matter.
Sinc ely, !/ ,�/
�,/1 ���3
Peter P. :
Paralegal
STATE OF MINNESOTA � �, � �-0
OFPICE OF ADMIiISTRATIVE HEARINGS
7�0 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 5540'I-2138
November 17, 1995
Peter Pangborn
O�ce of the City Attorney
Civil Division
400 City Hail
15 West Keliogg rsivd.
St. Paul, MN 55102
Re: In the Matter of the Licenses Held by Rozenkranz Industries, Inc.,
d/b/a Rosey's Coffeehouse; OAH Docket No. 57-2101-10158-3
Dear Mr. Pangborn:
Enclosed please find the subpoenas your requested on November 17,
1995.
NT
Enc.
Very truly yours,
`_`� � `'E61. �;�o
Nancy M. Thomas
Docket Clerk
Telepnone: 612>341-7015
Providing Impartial Hearings for Government and Citizzens
An Equal Opportunity Employer
Administrative Law SecSon 8. Administrative Services (6�2) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665
l�'��
_ STATE OF MINNESOTA
� OFFICE OF ADMiNISTRATIVE HEARINGS
.� . �::
HEARING SUBPOENA
TO: Jay LambeR
Grand Center for Weilness
607 Grand Avenue
St. Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and
excuses and to appear before Administrative Law Judge Ranum of the Office of
Administrative Hearings of the State of Minnesota, at Room 41, St. Paul City
Hali, 15 West Kellogg Boulevard, in the city of St. Paul, County of Ramsey,
Minnesota, on the 21st day of November, 1996, at 930 o'clock in the forenoon,
to appear as a witness in the Matter of the the Licenses held by Rozenkranz
Industries, Inc., d/b/a Rosey's Coffeehouse for the Premises Located at 613
Grand Avenue West, St. Paul; OAH Docket No. 57-2101-10158-3.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorabie
Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota
this 16th day of November, 1995
t
� � L
KEVIN E. JOHN N
Chief Administrative Law Judge
612/341-7600
Subpoena requested by Peter Pangbom
Telephone: (612) 266-8776
OFFICE OF THE CITY ATTORN£Y
Timothy E, Marx, Ciry Attorney ��. �
CITY OF SATNT PAUL
Norm Colemen, Mayor
November 6, 1995
Civi7 Division
400 Ciry Hal!
15 West Kellogg Blvd
Sain[ Pau7, Mrnnesota 55702
NOTIC$ OF HEARING
Jeff J. Rosenkranz
Rozenkranz Industries, Inc.
d/b/a Rosey's Coffeehouse
613 Grand Avenue West
Saint Paul, Minnesota 5510�
Telephone: 6l2 2b6-Si70
Facsimile: 672 298-5619
.
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RE: All licenses held by Rozenkranz Industries, Inc., dba Rosey's
Coffeehouse for the premises Iocated at 613 Grand Avenue
West, Saint Paul.
Our File Number: G95-0279
Dear Mr. Rosenkranz:
Please take notice that a hearing will be held at the following
time,. date.and place concerning all licenses for the precnises
stated above:
Date: Tuesday, November 21, 1995
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall/Raznsey County Courthouse
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
The hearing will be presided over by an Administrative Law Judge
from L'ne State of Minnesota Gff_ce of AC'.^.11II1.St?'dt1vE Hearinas:
Name: James Ranum
Fifth Street Towers, Suite 1960
150 South 5th Street
Minneapolis, Minnesota 55402
Telephone: 333-7579
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 310, including sections 3I0.05
and 310.06, of the Saint Paul Legislative Code. In the case of
licenses for intoxicating and non-intoxicating liquor, authority is
also conveyed by Minnesota Statutes section 340A.4I5. Adverse
ac_�a.r
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 held at the above premises as
follows:
1. That the licensee has created or failed to control
a nuisance situation resulting from the operation of a
si ewd` alk cafe by: the obstruction of the sidewalk ia
front of the cafe by table and chas.rs; t e placement of
the same in front of adjoining properties; the failure to
clean up litter; and allowing disorderly persons onto the
roof of the building. This oecurred on numerous
occasions between June 4 and August 18, 1995, including
{,�a/95, 6J?/°5, 5;9/95, fi/1G/95, 6/11j95. 6J12/95,
6/13/95, 6/14/95, 6/16/95, 6/I7/95, 6/18/95, 6/19/95,
6/20/95, 6/21/95, 6/22/95, 7/5/95, 7/9/95, 7/10/95,
7/11/95, 7/19/95, 7/21/95, 7/25/95, 7/27/95, 7/29/95,
8/2/95, 8/3/95, 8/4/95, 8/16/95, 8/17/95 and 8/18/95.
2. That the licensee violated the sidewalk cafe
ordinance (St. Paul Leg. Code §106.01) by placing table
and ehairs, or failing to pre entv�' p`"�`a 'ons from taking out
the same, onto the sidewalk on numerous occasians after
the necessary approval had been withdrawn on June 28,
1995. This oecurred on numerous occasions between June 30
and August 19, 1995, including 6/30/95, 7/2/95, 7/4/95,
7/5/95, 7/6/95, 7/7/95, 7/9/8/95, 7/11/95, 7/16/95,
7/28/95, 7/29/95, 8/2/95, 8/16/95, 8/18/95, 8/19/95.
3. That the liceasee violated conditions place,d upon
the sidewalk cafe, specifically in t closi he out-
side area at , •1 .�0,0,� every day and a cing the tables
and chairs inside, This occurred on 6/11/95, 6/IS/95,
and 6/16/95.
4. That between Y+tay 4-li, 13�5 �ne iiaeasee has
permitted eatertainment on the premises without obtaining
the necessary license.
5. That the licensee has failed to have
charge and in supervision of the business at
including 6/14/95, 6/27/95, 6/28/95, 7/3/95,
7/10/95.
someone in
all times,
7/7/95 and
The hearing will be conducted in accordance with the requirements
of Minnesota Statutes sections 14.57 to 14.62 and such parts of the
procedures under section 310.05 of the Saint Paul Legislative Code
Hearing Notice - Page 2
�G-►a�
as may be applicable.
At the hearing, the Administrative Law Judge will have all parties
identify themselves for the record. The City will then present its
witnesses and evidence, each of whom you may cross-examine. You
will then have an opportunity to offer in rebuttal any witnesses or
evidence you may wish to present, each of whom the City's attorney
may cross-examine. The Administrative Law Judge may in addition
hear relevant and material testimony £rom persons not presented as
witnesses by either party who have a substantial interest in the
outcome of the proceeding; for example, the owners or occupants of
property located in close proximity 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
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, please
contact the undersigned. If a stipulation or agreement can be
reached as to the facts, tlzat stipulation will be presented to the
Administrative Law Judge for incorporation into his or her
recommendation for Council action.
If no one appears at the hearing on behalf of Rozenkranz
Industries, Inc. then the allegations against Rozenkranz
Industries, Inc. which have been stated earlier in this notice
shall be taken as true and Rozenkranz Industries, Inc.'s ability to
challenge them 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.
yours,
Ste Y�r�' ristie
Assist nt C ty Attorney
cc: Michael Rosenkranz, 4485 Weston Lane, Plymouth, MN 55446
Jeff Rosenkranz, 1150 Hennepin Ave. # 606, Mpls, MN 55403
Judge James Ranum, Office of Administrative Hearings, Fifth
Street Towers, Suite 1960, 150 South 5th St.,
Hearing Notice - Page 3
lb���
Mpls, MN 55402
Nancy Thomas, Office of Administrative Aearings, 100
Washington Square, Mpls, NLN 55401
Nancy Anderson, Assistant Council Secretary
Chris Trost, Executive Director, Summit Hill Association, 860
St. Clair Ave., St. Paul, MN 55105
Robert Kessler, Director, LIEP
Frank Staffer.son, Deputy Director, LIEP
Ted Dooley, 614 Grand Ave., #3F, St. Pau1, MN 55202
Dr. Jay Lambert and Ms. Kathleen Snell, Grand Center for
Wellness, 607 Grand Ave., St. Paul, MN 55102
Dr. Craig Daub D.D.S. and Ms. Colleen Fleury, Dentist Office,
611 Grand Ave., St. Paul, MN 55102
Officer pon E. Hase, St. Paul Po7.ice Officer, NW Team, St.
Paul Police Dept., 100 E. llth St.
Hearing Notice - Page 4
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c�FF10E OF THE CiTI' ATTORNEY
TnnJth}� F_ �iln�x Crn• Artprnr�•
q �,.-
C11 Y OF SAINT PAUL
�o C.dvn�r,. .tlmos
("n�iJ Prc�s�on
:lIO <irv Na17
): ��fSl {iE//O$�P L�h'Q.
Sainr Pu�d. Alnane<ti�a SS1p_
TeMphone: f,•/: ?6G-: -10
Faesim.(c. 612 _ oS-.iG!')
FAX TRANSMlSSION
DATE: June 15, 1995
TO: Judge James H. Ranum FAX No.: 349-2665
c/o Louise Cooper
Office of Administrative Hearings
NUMBER OF PAGES (including cover page}� 2
FROM: Peter Pangbom
Paralegal
St Paul City Attorney's Offce
400 City Hall
FAX No.: 298-56�9
Jf you do not reCerve atl pages of th�s t2nsmiss�On, p/ease cOntact.
Peter Pangbom Telephone No. 266-8776
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'i�'_.. Ua1i�1
cirY o� s.�rn�r P�LZ
\�rm Coltmny, dla�or
Nooember lb, 149�
OFFICE OF THE CITy ATTORNEY
Timothv F. ,4/ur,r. C�ry AnornE_y� /y /— I�
vi q
Ji�dae James H. Ranum
Office of Admiiustrau�e Hearings
1�J0 ��'asJvngtnn Square. Suite 17pQ
�1inneapolis 1�Slllll�SOl3 »�01-2I=8
Ciri! PNisipn
300 Ci�. Nall
IS A�-sr Keflov Blnd.
Sant Pau1 dfixns�ow 5310:
Tclephone: 612 ?6G-S"10
Facrimile: b7219�-SG19
VIA FA.� A.ND U.S. MAIL
RF.. ir� re"I he I_icenses held by Rozenl:ranz Industries, Inc., d/h!a Rosey's Coffeehouse for the
premisis locat�d at 613 Grand A�'enue �Jest, Saint Paul
vur Filr ?��utttber: C'r9�-027y
Dear ,IuJer Rat�utti.
The purposc of this letter is to requrst subpoznas pursuaitt to i�4innesota Rules part 1400.70U0
+elatmg t> the abo��e-mentioned contested case hearing that is schedtiled to ba l�eard b�fure you
ai "l�uesday, ?l, 1995. This request is made of behalf of h4r, Stephen Christie, the attorney
a.ssif;ned �o this matter. 7'he Cit� of St. Paul Licease T?ivision wiil be calling these ���itnesses to
ies7�h� regardine the incident u�hich senes as a basis for the action against the Iicenses �f
ko�enkranz IQdustries. Inc., d!b/a Rosey's Coffezhouse.
lu ordcr to ei�sure these indi�•iduals �cill be in attendance to testifV, the Cih� o�St. Paul requests
from the State Oftice of Administrative Hzarin�s subpoenas for the following individuals:
I.) Jay Lamben
Grand Center for Welfness
607 Grand A�'enue
St. Paul, MN �5101
-?.) Officer pon E. Hase
St. Paul Police Depanment
100 E. 1 I ttt Strret
Si. Paul. �9�1 » 101
2.) Kathline Snell
Grand Center for R'ellness
607 Grand .qcenue
St, Paul, NIN 5;101
Ihe l�earing is scheduled to start at 930 a.m. on Tues�ay, A�ovember 21, 1995, in Room 41, St.
Paul City Hall, IS West Keilo�e Bouleti�azd, St. Paul, M�I 5�J02.
I f you need additional inf�m�ation or ha� e am� Guestions reearding this request. pl�se do not
hrsftate to comacsyne at 266-S/"/6. 'I�hank you for your consideration in this matter.
, 1 i �
i
Sinc�rely. /�•� l
�, �;
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Y % // _�,' �
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Pc>ter P. Pan�bom
I'araleg
,'�_�' _i _,_ ]�.-:_.ItE i ii 3=� I.��i i g.'..311di il1H .11 t_� t•li i:�� CnT :LT Snr'_,T-�1L-f�fqq
�G-�a�
July 14, I495
I hereby certify that the attached is a true and exact copy of the records
of the LIEP Office of the City of St. Paul for Rozenkranz Industries Inc.
DBA Rosey`s Coffeehouse at 613 Grand Avenue.
��i� ��/�l/�J�--�`--� �
Kris Schweinler, Chief License Inspector ota y Fublic
����' � �
S ,q,M"rtrr . , , _ ' ':!-_R<i
�., 'u;��'i\ :..�;`Lo:• i
P NOL1qYpUn:;C-idlNNc'S^vTA
My Canmisslan Ezqrea Jan.3t, 20D0
r �
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In re the Licenses of Rozenkranz Industrie�
— INC d/b/a Rosey's Coffeehouse —
City's Exh. No. 1
_ .
Lic ID ...................
STAT .....................
B usiness Name............
Addre ..................
Zip..... ..............
...
Doing Business As........
Li cense Name .............
14679
AC
ROZENKRANZ INDUSTRIES INC
613 GRAND AVE
55102
ROSEY'S COFFEEHOUSE
RESTALTRIINT (C} -LIMITED
CIGARETTE
03/31/96
��- ��U
E� Date...,. .........
...
Insurance Carrier........
Ins. Policy Number.... ..
Insurance Effective Date.
Ins. E�iration Date.....
NOTE AREA ................ 5/4/94 - INSURANCE RECEIVED AND APPR0�7ED FOR SIDEW
. ALK CAFE.
. 4/21/94 - APPLICANT AGREED TO CONDITIONS TO BE PLA
. CED ON THE RESTAURANT LICENSE.
. 5/3/94 - APPLICANT SUBMITTED A LETTER FROM THE NEI
. GHBORING DRUG STORE GIVING HIM PERMISSION TO USE D
. RUG STORE SIDEWALK FOR HIS SIDEWALK CAFE CAR/LIC
. OK 1/10/95 R JENTS
. 6/28/95 LICENSE CHANGED FROM RESTAURANT (B) TO
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T ax Id ............ ......
Worker Comp Exp Date.....
Telephone ................
RESTAURANT (C)-LIMITED PER PAYMENT AND INSPECTION
NOTICE FROM RICH JENTS.--LAP-LIC
7/12/95 SIDEWALK CAFE LICENSE REMOVED PER C.R. PER
LETTER DATED 6/28/95 FROM PHIL BYRNE. RESTRICTIONS
RELATING TO THE SIDEWALK CAFE HAVE ALSO BEEN
REMOVED.--LAP^LTC
1756987
06/O1/94
224-4640
Press 'C' to continue, 'P' to print, or 'R' to redisplay...
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CTI'Y OF SAINT PAUL
A'orm Coleman, Mayor
April 15, 1994
OFFtCE OF LiCEtvSE, INSPECIIO!�S AND
E'�'VIRO!v'M&'�TAL PROTFC170�v �
Rnberr Kessler, D�rcrm� � f �
V
IICENSE AND , Tetephone: 6I2-2E69I00
A'SPEC770TS Farsimile:612-2669114
350 St Peter Sveet
Suiu 300
Saint Pau{ MtnnesarQ SSIO2
Dear Saint Pau1 Food Establishment Licensee:
As warat weather approaches, a number of Saint Paul Food
Establishments will again be placing tables on the sidewalks
adjacent to the licensed premises. In 1992, the Saint Paul
City Council established guidelines to encourage sidewalk
ca£es by revising Chapter 106 of the Legislative Code. Our
experience with the sidewalk cafes has been generally
positive, and they appear to be popular in the neighborhoods
and downtown. However, there are procedures that must be
followed, as estal�lished in the code revisions.
The ordinance allows tables on the sidewalk if the following
conditions are met:
- A minimum clearance width of thirty six inches must
be maintained on the public sidewalk at all times.
- No tables, chairs, or other furnishings can be left
on the sidewalk when the cafe is not open.
- Alcoholic beverages cannot be allowed on the
sidewalk.
- Food cannot be grepared outdoors without approval
from the Environmental Health Section.
Please contact Gary Pech.�nann at (612j 266-9136
- The licensee must file a certificate of insurance
with the Office of License, Inspections, and
Environmental Protection in order to place tables on
the sidewalk.
The certificate must show proof o£ general liability
of at least $500,OOOiand must show that the coverage
extends to the area used for the sidewalk cafe�. The
City of Saint Paul must also be named as an
additional insured on the certificate.
- There is no license fee for a sidewalk cafe.
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For your convenience, a copy of the sidewalk cafe ordinance ���
and a blank certificate of insurance are enclosed. Please ��
submit your insurance with a written description of the
proposed sidewalk cafe area. When the insurance certificate
is approved, I will send you a license certificate for your
establishment that includes the sidewalk area.
Please 2et me know if you have any questions, or if I can
help you in any way with your sidewalk cafe application.
Sincerely,
��'""I..l.:: �...-. �. �J� �`� � ��
Christine A. Rozek
License Manager
266-9114
CAR/cm
Enclosure
cc: Mayor
City Council
� `_ ► a-�
Chapter 106. Restrictions on Use of Sidewalks, Streets, Etc.
Sec. 106.01. Obstruction.
(a) Encumbrances or obstnzctions prohibited. No person shall
encumber or obstruct any sidewalk, lane, alley, public ground,
public landing, wharf or pier, or other public place by placing
thereon or therein any building-materials, carriages, carts,
wagons, sZeighs, boxes, lumber, firewood, posts, awning or any
other materials or substance whatever.
(b) Sidewalk cafe exemption. Any food estahlishment which
operates a restaurant and is licensed under Chapter 331 0£ the
Legislative Code, may, with notice to the license inspector,
expand the operation of that restaurant onto a part, and only
that part, of the public sidewalk which immediately adjoins the
licensed premises (hereafter referred to as "sidewalk caPe'�).
The following restrictions shall apply; provided, however, that
the license inspector may without adverse hearing procedures
impose additional reasonable restrictions or withdraw approval
upon the operation of any sidewalk cafe where necessary in the
-judgement of the license inspector to protect the public health,
safety or welfare or to prevent a nuisance from developing or
continuing:
(1) No sidewalk cafe shall be permitted in any portion of
the public sidewalk where normal pedestrian traffic
flow is obstructed. A minimum clearance width of
thirty-six (36) inches must be maintained on the public
sidewalk at all times.
(2) No tables, chairs or any other furnishings, except
plant tubs, shall be placed in the area used for the
sidewalk cafe during any period when the sidewalk cafe
is not open and being operated. While such cafe is in
operation, all tables and chairs shall be kept in a
clean, sanitary condition.
(3} The use of a portion of the public sidewalk as a
sidewalk cafe sha11 not be an exclusive use. All public
improvements, including, but not limited to, trees,
light poles, traffic signals, pull boxes or manholes,
or any public-initiated maintenance procedures, shall
take precedence over said use of the public sidewalk at
all times.
(4} No alcoholic beverages shall be allowed in the sidewalk
cafe at any time. Such activity is governed by
subsection 409.06(e)(2) of this Legislative Code.
(5) As part of a sidewalk cafe, no plant tub shall be
located or maintained:
-������
a. Without the approval of the director of public
works;
b. In any alley;
c. At any location where the distance from the face
of the curb to the inside sidewalk is less than
eight (8} feet;
d. At any location less than fi£ty (50) feet from the
nearest point of intersection with a street,
except eighty (80) feet in bus loading areas,
unless the director of public works shall approve;
e. Any closer than ten (10) inches from the face of
the curb; and
f. At any location which, in the opinion of the
director of public works, interferes with
pedestrian traffic.
(6) It shall be the duty of the licensed food establishment
to maintain each plant tub at all times in a safe
condition at its proper location and to inspect each
such tub periodically in order that it may be properly
maintained. Trees or plants and their tubs shall at all
times be kept in a neat, clean and presentable
condition. No advertising matter or sign or writing of
any kind shall be displayed upon any tree or plant or
its tub.
(7) No sidewalk cafe exemption shall be effective unless
the licensee has filed with the license and permit
division evidence of insurance insuring the licensee
against liability imposed by law arising out of the
ownership, maintenance or operation of such sidewalk
cafe in an amount to be established by the city's risk
manager. The city shall be named an additional insured
in the policy, providing such insurance and such policy
shall further provide that it may not be canceled
excepC upon ten (10) or more day's written notice filed
with the license and permit division.
(Code 1956, § 209.01; C.F. No. 92-1161, § 1, 8-27-92)
Sec. 106.02. Sweepiags, etc., on sidewalks.
No person shall throw or deposit, or permit to be thrown or
deposited, any snow, ice, dirt, paper, filth or the sweepings of
any house, store, shop or office, or any other material, other
than sand or ashes used for the purpose of preventing
slipperiness, on or into any street, sidewalk, lane, alley or
public ground of the city; provided, however, that this section
shall not be construed as forbidding the throwing or depositing
�� I/ vY
upon the street of snow which has fallen upon the public
sidewalks. No person shall sweep, push or in any manner
whatsoever deposit any sweepings of the interior of any house,
store, shop or office onto the public sidewalk fronting said
premises, or into the street, alley or lane abutting said walk or
premises.
(Code 1956, § 209.02)
Sec. 106.03. Removinq qiavel, etc.
No person shall dig, reaove or carry away, or cause the same
to be done, any stone, earth, sand or gravel from any street,
lane, alley or public ground within the City of Saint Paul.
(Code 1956, § 209.03)
sec. 106.04. Repair of wagons, etc.
No person shall suffer any carriage, wagon, cart, sleigh or
sled, for the purpose of being repaired, or Por any other
purpose, to remain or stand in any street or lane, for more than
one hour.
(Code 1956, § 209.04)
sec. 106.05. Throwing stones, etc.
IC shall not be lawful for any person to throw stones or
other missiles on any street, lane or alley within the limits of
the city; nor for any person to shoot arrows or coast with sleds
on any of the public streets.
(Code 1956, § 209.05)
Bec. 106.06. Slidinq and coursiag.
No person shall slide or course upon hand sleds, skates or
in any other manner, in or upon any sidewalk, street, lane, alley
or public gzound in said city.
(Code 1956, § 209.06)
Sec. 106.07, Znjuriag streets, etc.
No person shall make any drain, ditch or bridge across any
street, lane, alley or public ground in said city, so as to
injure the same or obstruct its passage.
(Code 1956, § 209.07)
Sec. 106.08. Buildings oa.
No person shall build, or place any building, in whole or in
- q,�-ia�
part, upon any street, alley, sidewalk or other public ground
within the City of Saint Paul.
(Code 1956, § 209.08)
Sec. 106.09. Merchandise, sale.
No person or persons shall place, or suffer to be placed,
upon any sidewalk in the City of Saint Paul, any goods, wares or
merchandise, for sale or show, beyond the front line of the lot
where such goods may be so exposed.
(Code 1956, § 209.09)
Sec. 106.10. Rubbish, etc.
No person shall pile, deposit or place, or cause or permit
to be deposited, piled or placed, any rubbish, wood, coal or
merchandise, dirt, impediment or obstruction of any kind, upon or
over any sidewalk or crossing in said city, nor to occupy or
obstruct any sidewalk or crossing, so as to interfere with the
convenient use of the same by all passengers.
(Code 1956, § 209.10)
Sec. 106.11. Receivinq ox deliverinq merchandise.
23o person or persons receiving or delivering goods, wares or
merchandise in the City of Saint Paul shall place or keep upon,
or suffer to be placed or kept upon, any sidewalk any goods,
wares or merchandise which he or they may be receiving or
delivering without leaving a passageway clear upon such sidewalk
where such goods may be of four (4) feet wide for the use of
pedestrians; and no person or persons receiving or delivering
such goods shall suffer the same to remain on such sidewalk
(subject, nevertheless, to the foregoing restrictions) for a
longer period than twenty-four (24) hours.
(COde 1956, § 209.11)
Sec. 106.12. Auctions.
No person or persons shall sell or attempt to sell, or shall
cry for sale at public auction, in the City of Saint Paul any
goods, chattels or personal property whatever to any person or
persons upon the sidewalks or streets within the city so as to
collect a crowd upon the sidewalks and streets, whereby the free
passage thereof to any person or persons is prevented or
hindered. This section shall include licensed auctioneers of the
city. And it is hereby made the express duty of the chief of
police, and all police officers of said city, to cause the strict
observance of this and all other ordinances relative to the
obstruction of sidewalks and streets within said city.
" City of Saint Paut
O�ce of License, Inspections and Environmentai Protution
350 St Peter Sueet Suite 300; Saint Paui, Minnesota 55102
Uniform Certifieate of Insurance
°��.1 �d�
This certifies that the Insurance Company, a licensed Minnesota company, has issued
tLe following policy to:
ApplicanUCompany Name
Doing Business az
TYPE OF LICENSE OR PERMIT
VIIV # (serial #of vehicles
(You have an opdon of filing CONTINUOUS insurance. If des'ued, place CONTINUOUS in the box mazked "Policy Exp. Date".)
NOTE: A 30 day notice of cancellation is required unless otherwi5e specified in the Saint Paul Le�islative Code.
TYPE OF
Workers'
Geaerai Liability
BodilY �.IuTS'
Each
Occ�urence Aggregate
$ $
$ $
$ $
Properry Damage
Combined BI and PD
BodilY �.1•�P� Person)
Automobile
Liability
$
Bodily Inj.(per accident) $
Property Damage $
$
$
$
Combined BI and PD $ $
Excess
Liability
Umbrella
Combined BI and PD $ $
Please take notice that signature by a licensed Minnesota agent means that the City of St Paul, its officers, agents and
employees are an additional insured as and W the extent required by, and coverage is pmvided to the limits specffied in, the
applicable chapter of the Saint Paul Legislative Code pertaining to the issuance of the above mentioned license/permit
TLis certificate of insurance neither affumatively nor negatively amends, alters, or extends the covenge afforded by Policy
Number issued by Insurance Company.
Sigiazure of Licensed Minnewta Agent
JI15U2'2[ICC COIIIFI3II}'
$trceL
Date
City, State, Zip: FORM APPROVED BY:
POLICY � POLICY � POLICY , LIABILITY LIMI'CS (in thousands)
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RESTRICTTONS INQUIRY SCREEN
LICENSE ID: 14679
DBA:ROSEY'S COFFEEHOUSE
NOTE: 1:CONDITIONS AGREED TO ON 4/21/94 BY LIEP RESOLUTION
2:1. OUTDOOR SEATING AREA WILL BE CLOSED BY 11PM
3:EACH EVENING. TABLES AND CHAIRS WILL BE STORED INS
4:IDE WHEN THE OUTDOOR AREA IS CLOSED.
5:2. TABLES AND CHAIRS WILL BE PLACED OUT IN FRONT O
6:OF THE LICENSED PREMISE ONLY, UNLESS WRITTEN
7:PERMISSION IS OBTAINED FROM NEIGH$ORING BUSINESSES
8: TO USE THEIR SIDEWALK.
9:3. THE AREA WILL BE PATROLLED BY EMPLOYEES OF THE
lO:LICENSEE TO MAINTAIN A LITTER FREE SEATING AREA.
11;4. THE LICENSEE WILL DEVISE A BARRIER SO THAT THE
12:REQTJIRED 36" PASSAGE IS MAINTAINED AT ALL TIMES.
13:
14:
15:
Date: Jun 15
Alt—Z FOR HELP° VT102 ° FDX ° 9600 N81 ° LOG CLOSED ° PRINT OFF °
� �
In re the Licenses of Rozenkranz Industries
'— INC d/b/a Rosey's Coffeehouse —
City's Exh. No. 3
°I�- � �!'
BUSINESS LICENSE MANAGER SCREEN
License ID 14679
Name JEFF ROSENKRANZ Trans£er from License ID 14679
Transfer to License IA
Street Number 1160 Street Direction Unit 114
Street Name CUSHING Street Type CIRCLE
City ST PAUL State MN Zip 55108 Phone 6421159
Notes 1:5/4/94 - INSURANCE RECEIVED AND APPROVED FOR SIDEW
Env Notes
2:ALK CAFE.
3:4/21f94 - APPLICANT AGREED TQ CONDITIONS TO BE PLA
4:CED ON THE RESTAURANT LICENSE.
5:5/3J94 - APPLICANT SUBMITTED A LETTER FROM THE NEI
6:GHBORING DRUG STQRE GIVING HIM PERMISSION T� USE D
7:RUG STORE SIDEWALK FOR HIS SIDEWALK CAFE CAR/LIC
8:OK 1/10/95 R JENTS
1:
2:
3:
4:
Date: Jun 15
A1�-Z FOR HEI,P° VT102 ° FDX ° 9600 N81 ° L,OG CLOSED ° PRINT OFF °
��—� �
In re the Licenses of Rozenkranz Industries
'— INC d/b/a Rosey's Coffeehouse —
City's Exh. No. 4
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CITY OF SAINT PAUL
A�orrt� Colemart, Mayor
June 15, 1995
Jeff Rosenkranz/Owner
613 Grand Avenue
Saint Paul, MN 55102
RE: Sidewalk Cafe Restrictions
Dear Mr. Rosenkranz,
OFf$CE OP LICL-NSE, INSPECI70NS A!�D ��/
E�`VIRO!�ME:VI'AL PROTL-CTIO� �y �'' i
Roberz Kesslcr, Direcror «
townr anorr_ssro.vni.
➢ti1LD1NG
Suite 300
350 St. Peier Sneet
SaintPaul, Minnesota 55102-I510
Tclephone: 612-166-9090
Facsin�lle: 672-?66-9099
61?-2669I24
Yestezday, June 14, 1995, Kris Schweinier and I visited Rosey's Coffee
House twice in response to continuing complaints from the neighborhood
regarding the behavior of your patrons in the sidewalk cafe area. We
have received complaints of excessive noise, litter, loitering, and
expansion of your sidewalk cafe area beyond your storefront. During our
discussion with Jan, who is apparently the manager of the shop, it
became apparent that store personnel are not aware of the restrictions
that you have agreed to regarding the operation of the sidewalk cafe.
The license restrictions are as follows:
1. Outdoor seating area will be closed by 11:00 PM each
evening, Tables and chairs will be stored inside when
the outdoor area is closed.
2. Tables and chairs will be placed out in front of the
licensed premise on1y, unless written permission is
obtained from neighboring businesses to use their
sidewalk.
3
C9
The area will be patrolled by employees of the licensee
to maintain a litter-free seating area.
The licensee will devise a barrier so that the required
36" passage is maintained at a11 times.
� �
In re the Licenses of Rozenkranz Industries
— INC d/b/a Rosey's Coffeehouse —
City's Exh. No. 6
Page 2
R _ � Jeff Rosenkranz/Rosey's
o�6-!a�
Please reinforce with your employees the importance of controlling
patron activities and of compliance with your license restrictions. If
your establishment continues to have an adverse impact on the
neighborhood, this office will take action to remove our permission for
sidewalk tables.
Sincerely,
�
, . � ,
��.���„� �� i�ti��.�
Christine A. Rozek J (`\
Deputy Direction
266-9108
cc: Robert Kessler/Director
Officer pon Hase/SPPD
Kris Schweinler/LIEP
Rich Jents/LIEP
'' � � OFFIC�F THE CITl' ATTORNEY� � �
7anovry �S'AaomeY �
C ll l �i' .7LyL�1 ra�lJL CivilDivision
Norm Colexwn, Mayor 400 Ciry Half Telephone 612 266-8710
15 Wett Kellogg BSvd Fauimile: 612 298•5619
Saint Pau{ Mn�+erota SSZ02
June 28, 1995
Jeff J. Rosenkranz
Rozenkranz Industries, Inc.
dba Rosey's Coffeehouse
613 Grand Avenue West
Saint Paul, Minnesota 55102
RE: All licenses held by Rozenkranz Industries, Inc., dba Rosey's
Coffeehouse for the premises Zocated at 613 Grand Avenue
West, Saint Paul.
Our File Number: G95-0279
Dear Mr. Rosenkranz:
This letter is for two purposes.
First, you are hereby notified, on behalf of the Director of the
Office of License, Inspections and Environmental Protection, that
he has withdrawn approval of the operation of the sidewalk cafe in
front of or associated with your business premises at 613 Grand
Avenue. This action is taken pursuant to Section 106.01(b) of the
Saint Paul Legislative Code. This action is based on the fact that
the operation of your sidewalk cafe has resulted in danger to the
public health, safety and welfare, and in the creation of a
nuisance in the neighborhood adjacent to your business.
You should immediately discontinue the sidewalk cafe, and remove
and store all tables and fixtures that were used for those
purposes. It is your obligation to prevent patrons and customers
from taking any tables or chairs out of your establishment to place
on the public sidewalk. Failure to comply with this-notice, and
fai2ure to discontinue the sidewalk cafe, and failure to prevent
your tables and chairs from being taken ont of the establishment,
will constitute grounds for adverse action against your licenses.
Second, the nuisance situation and your failure to control it also
constitutes a present basis for adverse action against your
licenses. Specifically, the sidewalk cafe has on numerous
occasions resulted in obstruction of the sidewalk. You have also
allowed tables and chairs to be located on the public sidewalk
which immediately adjoins the business next door to you. You have
violated the conditions placed upon the sidewalk cafe, specifical2y
in not closing the outside area at 11:00 p.m. every day and taking
the tables and chairs inside. The area has not been Iitter-free.
�
In re the Licenses of Rozenkranz Ind�
— INC dlb/a Rosey's Coffeehouse
City's Exh. No. 7
�
�
���1��'
-2-
Finally, you have permitted entertainment on the premises without
obtaining the necessary license.
If you do not dispute the allegations or facts, or agree that a
violation occurred, but want to have the opportunity to speak to
the Council to argue for the lightest possible penalty under all
the circumstances, please call Peter Pangborn at 266-8776 to work
out the procedures.
If yon contest th
the necessary ste
hearing examiner a
you will know when
hearing will be.
responsible for co
not appear and/or
e allegations or dispute the facts, I will take
ps to schedule a hearing before an independent
nd provide you with a proper notice of hearing so
and where to appear, and what the basis for the
Please respond within ten days. You may be
sts if I schedule a hearing thereafter and you do
contest the facts.
Very truZy yaurs,
, , ��
Philip . Byrne
Assistant City Attorney
cc: Jeff J. Rosenkranz, 1260 Cushing Circle, St. Paul, MN 55108
Robert Kessler, Director, LIEP
Frank Staffenson, Deputy Dizector, LIEP
i
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
!
��-1��
AFFIDA4IT OF SEROICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on June 29, 1995, she served the attached LETTER on the
fallowing named person by placing a true and correct copy thereof
in an envelope addressed as follows:
Jeff J. Rosenkranz
Rosenkranz Industries, Inc.
dba Rosey's Coffeehouse
613 Grand Avenue West
St. Paul, MN. 55102
Jeff J. Rosenkranz
1160 Cushing Circle
St. Paul, MN. 55108
(which is the last known addresses
the same, with postage prepaid, in
Paul, Minnesota.
Subscribed and sworn to before me
this 29th day of June, 1995.
, /
� ! � : � ��., �
. � . �
i �
AELVA J. FLOYD
lprnxte�C-tara�sot�
. �R� EY�OO�U �'
of said person) and depositing
the United States mails at St.
�
STATE OF MINNESOTA }
) ss.
COUNTY OF RAMSEY )
�
°��'�a�
AFFIDAVIT OF SEROICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on July 7, 1995, she served the attached LETTER on the
following named person by placing a true and correct copy thereof
in an envelope addressed as follows:
Jeff J. Rosenkranz
1150 Hennepin Avenue
Apt. 606
Minneapolis, MN. 55403
(which is the last known address of said person} and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota . /'\ �-� �
Subscribed and sworn to before me
this 7th day of July, 1995.
��-�- � I
-""v�,` ' ��
� N t r Pu ic
,
. ,
KATMRYM J. MciAUGHLtN �
A�TARY PUBUC- MtNNESOtA
_ RAMSEY COUN7Y
, � My Comm. E�ires J6n. 3I.2000
��-�a�'
From: KristinaSchweinler (SCHWEINL)
To: KESSLER
Date: Tuesday, July 11, 2995 8:03 am
Subject: ROSIE'S A2ID ARBUCKEL'S
NST TO LET YOU RNOW THAT I CHECKED ARBUCKEL'S AND THEY
UP.ROSIE'S DID HAVE THE TABELS OUT I WENT IN AND TALKED
PARENTE THE SAME PERSON THAT CHRISTIDiE AND I TALKED TO
I INFORMED HER I WOULD BE SENDING A TAG.
CCS ATTORNEY:BYRNE
WERE LOCKED
TO KRISTINA
LAST WEEK.
• re the Licenses of Rozenkranz Ind�
— II�TC d/b ItyRosEe h Noffgeehou
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Ivl�rch 1945- Re�wood fence that went across the front of praperty on Dal?
was knocked ciown
Painting and markings done on the front steps-we ha�e been unable to get
thes� off
Railing on fr�nt parch ti�as knacked �own
Vulgar words �vere written into the wet cement on the sidewalk in from of 647
Grand. NSP was called and thev came out and recoated the area but. you can
still see the writing
Almost on a daily basis we need to go out and clean up coffee cups,
WY'�3�iBi "a, �ic"8i C�'1"a £Yitl Y30t�BS, WiiiB ° JO��i"c"a Ci�3S'8iC8 WPa�i�ilil�S BSiu �0Ti82'��
garbage.
Fgpr�]n�eP.r has�p gpnp p�t aprl a�kPrl r n,aC�ip tn IT�dEf� fd'o?Ti Slt$llig On OLti"�POnr
steps and t�ey resoon�i with wlgar Ian�uage and are very nt�le. This is a
�ieilness Genter and these peopte are out there smoking and drinking.
Emplayees and patrons of the coffae shop park in vur private parkin� lot
c`."ak7lig U�i Sj3�C2S tI118t S1'E iGi Otii ciien�s and patients. A nurr�ber of times we
hw�ae had patients not sh.ou° up fcr thair a�gai�ents aru' t�'�s� �al; later and
say �he;� cou!d net find an�� placs to park se the�� :��ent back home.
A n�Iml�er crf t.imes we hav� s�en peo�le com� �round t.h� c�rner fr�m tkle
generai area of t�e caffee shop an� they Will come into our yard and urinate
on tne building netct door and next to our building. When v�e nave walked out
ta i�e sicie�vaik a�aer tliis we have seen the p�ople sitting at th� cc�iiee siiop.
� ■
In re the Licenses of Rozenkranz Industries'
— INC d/b/a Rosey 's Coffeehouse —
City's Exh. No. 10
��.►�'
b-15-95 Driving by abaut l I:00pm after attending a meeting there R�ere
appraxitriately 4G kius aut si�ing an the s�teps anci in front of ih� tiaildin�.
Using the cell phone the patice were calle�.
6-2�-OS Several beer bo+�t.les and s*rine bott!es �=ere fcund in the side yar� this
morning when we came in these v�ere not here yesterday aftemaon.
7-03-95 tUhen we came in this morning {from the weekend} we found a chair
in front of our steps, garoage all o�er ihe yard, and someone had dug up our
�a��ilen in frant of the hause. T}iis gara�n g�es up tt�e hill in fr�ont af the
building on �ale
7-OS-95 The ;=ard ha� all sorts of garbage in it ±hat neede� tc be cleaned up.
7-1�-95 Spo�e t.o �i�r ga.rdener she st�.tecl tha.t t.he eost to replace and _fix_ the
pulled out an damaged flvwers is approximately $100.00
7-14-95 Tha mail person brought us the mail and in the mail was a letter that
was mailed at the mailbax on the came; of Grartd and Dale an� a�meane set
th� mailbox or, fire therefore this letter was damaged
7-19-95 About 9:00 thi� morning we notioed that Colleen from Dr. Daub's
wa� �ut fant speaking t6 a�otice a�cer. i r. i,zu �vent �ut arid they
showed him t.hat painting �n the front af ;he �f ;c� ar�� u'�e scra�i;,g of t�he gtass
on #he !oor u�:ere '°seek" was zNritte.^.. A?so t,he air ccnditior.e:, which sits on
our proper�y had beer. spray painte�. There was an empty vyine case sitting in
o»r front yard �nd o�h�r garbage h�cl been throuan in the vzrrl and the flnw�r
beds.
i-2i 75 iblare fo�vers hau be�n pullec� out of aur flowv� garden and some
�;ere ieit on our front steps. Again there was garbage and beer ca� and
b�tttes teft a11 cver. Therz yvas als�'�roker� �'ass. Garbage ar,d such rvas aut
in frcnt af 511 Grand and this needed ta tiv swept up.
W�7P_,Il WP_. �VP_,f�? Q�X=1�?Pt_Ei1��T�4 t}��, eSCti"P_,Tjl� }7�?f �I��?TP_, WZS VPN �IIlIm3I g�rbag�
or notice of anything. '1'he Deapie wha live in the neighbarhoocl saicl that the
crowds were not around during those times and tnat it was quite pleasant anti
peaceful at ni�ht.
°��
8-�71-45 tl skull and bones was spray painted on the dentist office autside
wall that faces our buildin�
8-018-95 com cobs were found all over our yard this morning along z�ith cig
butts and pop cans
According to our estimation these problems started after Roseys opened and
the kids started hanging around at all hours of the day and night.
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RE: Rosey's Coffeehouse — 1995 Infractions
Because of the construction on Grand Avenue through April and May, I did not
record any problems wiih the coffeehouse. There was the usual array of skateboazdin�,
tables all over the place, including into the street itself, and general trashiness, but the
construction was so overwhelmin� that these problems were moot for those two months.
BeLinnina on the 2nd of June, following the completion of construction, a record
was kept,
Fri., 2 Jun
Sun., 4 Jun
9:30 p.m. 25 people (mostly teen-a�ers?) along the whole length of
the building, from the drug store to the dentist's office;
some sitting on parked cars.
8 p.m. 8 chairs in front of dentist's offce, 2 tables in front of
the coffee shop, 1 table in front of the dru�store (call
made to Iicense inspector, Christine Rozek: hereafter
C.R.); no trash cans available, no rope or stanchion
delineatin� appropriate sidewalk area; cups, napkins,
fruit drink bottles on sidewalk and some on our side of
the street.
Fri., 9 Jun 12 noon
Sat., IO Jun 9 a.m.
1 p.m.
Sun., 11 Jun 4 p.m.
Photo (#1): general tzashiness, cigazette butts.
2 photos (#2, #3) taken: showing trash and filth at 9
a.m.!
2 phoios (#4, #5) taken: showing identical mess, note
different patron in window!
2 photos (#6, #7) taken: showing spread and mish-mash
of chairs and tables.
10 p.m. People sitting from one-third of Yhe drugstore all the way
across the dentist's office (18 total); still ovt at 11 p.m.;
junk on chiropractor's lawn, peaple sitting on his steps.
Mon., 12 Jun 6 p.m. Photo (#8) taken from the window. Poor photo, cannot
shoot through screen. Would have shown a dozen kids
lounging and lyin� across the sidewalk.
7 p.m. Phone call made to C.R.; 5 kids lying on the sidewalk,
trash all over.
�
Tue., 13 Jun
10 p.m.
6 p.m.
10 p.m.
Wed., 14 Jun 7:30 a.m.
Evening
Thu., 15 Jun 7 a.m.
10:15 p.m.
Patrons spread out from dentisYs office across the
drugstore, 6 to 8 chairs.
Phone call to C.R.
Phone calls to C.R. 2 times and police called 2 times; 30
plus kids, some playing chicken in the road (lying across
the road), fireworks being shot off; some kids stop a car,
much yelling of "fuck you," etc., etc.
Phone call made to C.R.
Note: tables and chairs aze within the proper boundaries!
Remazkable.
Phone call to C.R. Note: no dirt noticed, employee
actually sweeping in front of the place. [Noted for its
singularity.�
Phone call to C.R.; 20+ kids blocking the entire
sidewalk, still outside at 11:30 p,m.
.
In re the Licenses of Rozenkranz Indu�
– 1– — TNC d/b/a Rosey's Coffeehouse
City's Exh. No. 11
°� � .� a-b'
Fri., 16 Jun
Sat., 17 Jun
Sun., 18 Jun
I�TOte: no stanchions or boundary markers set up, no
trash cans set up, too many chairs for the le�al and
available space, nothing removed at 11 p.m., junk and
trash on our side of the street, junk in the street; no
hovrly or even daily clean-up.
I�Tote: excessive noise, loitering; suspect curfew
violations; beer, booze and dope being used?
Aftemoon Phone call from Dr. Lamben: he called polzce last night:
20 to 30 kids outside at 11 p.m.
8:30 p.m. Extra tables outside boundaries.
11 p.m.
Midnight
Kids on Lambert's properry, tables and chairs in front of
the dentist's office, kids sitting all along the drugstore
area.
A mess of cups, spilIs, napkins, garba�e; 3 chairs stiIl
outside. '
8 a.m. 4 photos (#9-#12) taken of the trash in front of the
buildings and 1 photo (#13) of front of Dr. Lambert's. :
went Yo the side of Lambert's, between Lambert's and
the dentist's offce, where the kids go all night: it smells
like a urinal. (Doesn't Rosey's provide a bathroom?)
Dozens of cigarette butts in Lambert's gazden, on his
retaining wall and ground into the gravei. One neighbor
telis me he had a 4-year-old boy help do some cleaning
up on Saturday morning.
8 p.m. People suntanning in front of the buildings.
8-10 p.m.
Mon., 19 7un 6 a.m.
r�:���
Spread out all over the place over in front of the dentist's
office, tables and 6 chairs in front of the drugstore, cups
haifway down the drugstore property, slop aII over the
place.
Photo (#14) taken showing cups, trash, etc., spilled
coffee and liquids. I counted 120+ cigarette butts from
the dentisYs and chiropractor's border to the first third of
the drugsiore. Photo is an attempt to show the details of
the general filth.
Had suggested that Rosey's:
— stay within its boundazies as prescribed by law;
— 2 tables, 6 to 8 chairs maximum, chairs and tables of
some uniform design;
— strict enforcement of no sitring or loitering beyond
those boundaries;
— close outside operation at 10 p.m.;
— expect stanchions, ropes, a barricade delineating the
proper boundaries;
— trash receptacles available outside;
— sweep as needed, especiatly at night (but not into the
street);
— wash sidewalks every morning, using trisodium or
some environmentally sound cleanser;
��
`� �' ��"�
— employees must police the azea including the dentisYs
and chiropractor's office, the street and the curbs, and
our side of the street; and
— tables and chairs, when out, must be kept clean with a
baz towel and trash removed regularly as soon as patrons
leave.
Called C.R. at 6:30 or 7 a.m.; called at 9 a.m.; called at
10 a.m.: not there. (She did call my work number at
10:36 a.m.)
8-9 p.m. Chairs in front of drugstore and dentisYs; 2 chairs at
curb an@ 1 between ihe curb and the building, blocking
the walkway.
Tue., 20 Jun 10:30 p.m. 10 tables and chairs in front of the drug sTOre space.
11 p.m.
Wed., 21 7un 730 a.m.
Phone call to C.R. 5 kids sitting in Lambert's yard, 2
are tossing frisbees into his hedge and then running
through the hedge, Police called but kids leave before
they come.
Whoever is opening is actually sweeping, which is nice,
but he is sweeping it into the street.
10:30 p.m. Chairs all across the dentisYs office.
Thu., 22 Jun 5 a.m. Trash spread from the chiropractor's and dentist's office
aIl the way across the drugstore and into the street. Junk
all over the piace.
Note: C.R. must have talked to them: they are actually
sweeping and someone even did a washing of the
sidewalk area!!
8 a.m.
9 p.m.
Fri., 23 Jun-Fri., 30 Jun
Fri., 30 7un 8 p.m.
Stil] no appazent policy regazding cleaning, compliance
and general litter, but it seems to be better.
Junk in front of the dentisYs and chiropractor's, not
swept up.
1 table and 6 chairs in front of the dentist's office.
On vacation, nothing noted.
Again outside the limits, 1 table in front of dentist's, 1 in
front of drugstore: no responsibility being taken;
dentisYs office seems to be used as a bike rack.
11 p.m. They're still open, with people sitting outside; no
cteaning, no closing; still no trash receptacle.
Sat., 1 Jul 8 a.m. C.R. called.
Afternoon Seems to be okay. Someone even swept and used a
dustpan.
Sun., 2 Jul 5 p.m.
9 p.m.
Mon., 3 Jul
Tables east of the dentist's door, over into the
chimpractor's property, C.R. called.
Chairs across the drugstore and aIl across the dentisYs
office, even beyond his door.
No tables or chairs noted.
��
/� `�
-
Tue., 4 Jul
Wed., 5 Jul
Thu., 6 Jul
Fri., 7 Jul
Sat., 8 JuI
Sun., 9 Jul
Mon., 10 7ui
Tue., 11 Jul
7-10 p.m. Chairs in front of the drugstore and the dentist's office (it
continues to be a problem, there are no stanchions,
boundaries aze undelineated).
10 p.m. 2 chairs outside the perimeters, cups all over the
sidewalk. Received copy of city attomey's letter to
Rosenkrantz today (letter was dated 22 Jun).
PresumabIy the owner has known about the problems
and violations and that his Iicense was in jeopazdy for the
past two weeks and has continued to aliow the
infractions. Phone call made to C.R.
11:30 p.m. Chairs stiIl out in front, second call to C.R.
6 p.m. 3 chairs in front; called C.R.
9:45 p.m. 3 chairs stil] outside.
7 a.m. 3 tables and 4 chairs outside, set up outside of the
establishment. Call made to C.R.
12:30 p.m. 3 chairs in front. Call made to C.R.
3 p.m. Chairs gone.
6 p.m. 3 chairs out again and junk all over sidewalk.
9 p.m. 3 chairs continue to be outside. No supervision, no
responsibility. NOTE: This is 16 days post-notice from
the city attorney's office!
7 a.m. Not open. From my porch, there aze b visible (large)
pieces of trash right out in front, at least cup-size or
lazger.
9:30 p.m. 1 table, 1 chair in front of drugstore; 2 chairs in front of
� dentist's door. Phone call made to C.R.
7:30-11:30 a.m. Bottles and junk, etc., in front of dentisYs office.
10:30 p.m. Kids sitting on ground all along the dentist's office
space.
7 a.m. Trash on the sidewalk, no sweeping at night.
'1:30 a.m. The place opens: 2 motorcycles park up on the sidewalk
and go in.
Thu., 13 Jvl 10 p.m.
Fri., 14 Jul 9 a.m.
Sun., 16 Jul 8 p.m.
Wed., 19 Jul 10 p.m.
Thu., 20 Jul 9 a.m.
Fri., 21 Jul 6:30 a.m.
Tue., 25 Jul 10 p.m.
6 are sitting on the chiropractor's steps! Phone call made
to C.R.
8 to IO are congregated and sitting across the azea.
3 chairs outside, 6 people sitting out there. Phone call
made to C.R. NOTE: 24 days post-notice.
6 people sitting in front of Rosey's, 3 in front of the
druLstore, trash all over the place. Phone call to C.R.
2 motorcycles pazked on sidewalk.
Trash all across the denast's office to the drugstore, in
the street and on our side of the sueet; chiropracYOr's
sign has been trashed. Phone call made to C.R.
3 sitting in front of drugstore, 2 in front of the
coffeehouse; trash, glass, spills all across the area.
Pbone cal] made to C.R.
�
�
����a�
Thu., 27 Jul
Fri., 28 Jul
Sat., 29 Jul
11:20 p.m. 3 in front of drugstore with cups sitting beside them,
cups all across the dentist's office, bottles in front of the
chiropractor's office, chairs out in front of the coffee
shop with 2 people sitting on them. Phone call made to
C.R. NOTE: 35 days post-notice.
6:15 p.m. 2 chaus in front of the coffee shop. Phone call made to
C.R. (cailed C.R.'s pager at 6:15 p.m., 225-0261: no
response).
12:30 p.m. Chairs in front of the coffeehouse. Phone call made to
C.R_
7 p.m. Chairs aze still out there.
1030 p.m. Gazbage a�ain across the area, people sitting in front of
the drugstore and 2 are sitting or leaning on cazs.
Wed., 2 Aug 9:30 p.m. Chairs outside, trash all over the place. Phone catl made
to C.R. NOTE: 41 days (6 weeks!) post-notice.
10:30 p.m. Skateboazds up and down the street and sidewalk: police
called. (Gettin� very angry. Asked the police to do
something.)
Thu., 3 Aug
Fri., 4 Aug
Talked to Dr. Lambert today (and Kathy) and Colleen at
Dr. Daub's; graffiti has shown up again.
Momin� Returned a call from C.R.: setting administrative
conference with an AL7. Goal: no sidewalk permit at all,
and perhaps ouYright revocation. Considerin� the
consistent and incredible def ance and negligence shown
by this establishment, outright revocation is appropriate.
11 p.m. 15 kids aze lined up from one-half of the drugstore all
across the dentist's office, blocking the sidewalk; trash
all over the place; skateboazding in the street from curb to
curb and from the corner all the way past the
chiropractor's building; they're sitting on our side of the
street, parked all over the place, swearing, etc.
L.eaving on trip: a.m. graffiti on the side of the dentisYs
office again, dozens of cigazette butts and trash all over
the place in front of the dentisY s, in front of the
chiropractor's, gazbaae all over.
Fri., 4 Aug-Sat., 12 Aug On vacation, nothing noted.
Fri., 11 Aug 11:15 p.m. Ms. Lapore had to call the cops, 10 to IS kids spread
out, playing guitars and carrying on.
Sat., 12 Aug Afternoon A fight between a couple of the patrons, cops called,
Sun., 13 Aug $vening 2 dogs barking, S kids in a circle biocking the sidewalk,
spread out across the drugstore and dentisYs office
again.
Wed., 16 Aug 10:30 p.m. 21 people from ihe middle of the drugsYOre (2nd panel),
across the coffeehouse, and then across the dentisYs and
the chiropractor's o�ce.
I�TOTE: chairs aze out again (55 days post-notice), cups
all over the place, guitazist is playing. C.R. called.
��
����d�
Fri., IS Aug 11 p.m.
Sat., I9 Aug I p_m.
IQ:30 p.m.
I2 to 15 people across the area: chairs outside again,
trash, etc. ali over the azea. C.R. catied.
4 chairs and a table aze set up in front of the coffee shop.
The utter defiance and disrespect is sunply beyond pale.
C.R. has been called a�ain. NOTE: 58 days post-nodce.
Now 5 chairs! and a table aze out in front. C.R. calIed
once more.
Sun., 20 Aug 7 p.m. Visiting friends ask if the coffeehouse is a hashish den;
they smell marijuana from across the street.
Mon., 21 Aug IO p.m. 12 to 18 people from the middle of the drugstore all the
way across the dentist's office, dogs, etc., etc. Same
story, new night. C.R. called.
Tue., 22 Au� Received a cali at work from Mr. Peter Pangbom to set
up an administrative conference hearing on [his fellow's
license. Colleen from Dr: Daub's office is supposed to
be getting me a list of infractions that she has noted over
the last two months, as well as photos if she has taken
any. Dr. Lambert has promised the same.
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CONTACTS WITH ROSEY'S - 613 GRAND AVE
6/20/95 - I stopped at 613 Grand Avenue and talked to Jan.
He stated he was the manager and was aware of the
restrictions. I went over all o£ them with him.
He stated he was going to get written permission
from the drug store and chiropractor to use their
property_
7/7/95 - I stopped at Rosey's and tables and chairs were out.
11:30 am I instructed Chris Wood to remove them. He started
to remove them and then I left the area.
7/10/95 - I delivered the letter and explained to the man on
duty about not putting chairs out.
R. Jents
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9/13/95 In re the Licenses of Rozenkranz Industries
— INC d/b/a Rosey s Coffeehouse
City's Exh. No. 13
j
CITY OF SAINT PAtTL
INTERDEPARTMENTAL MEMORANDTJM
DATE
T0:
June 26, 1995
Robert Kessler, Director-LIEP
PhiZ Byrne, Asst. City Attorney
��g
J��
RE: Rosey's Coffee House, 613 Grand Avenue
COMPLAINT/ACTION HISTORY - 1995
6/14/95
Attachments -
5/4/95 (approx.) Chris Trost of District 16 called - has heard that
entertainment is taking place at Rosey's without a
license. Also, has had rumors of drug use/sales in
basement. I cal��led Police Department to determine
scope o£ their investigation, but could get no
information.
5/11/45 Rich Jents visits Rosey's. Rosey's has had musicians.
Rich tells them to discontinue music or apply for a
cabaret license, Music has been discontinued. Rich
leaves written notice to apply for license or cease
(copy attached).
6/13/95 Complainant ca21 10:20 PM - 33 patrons
Complainant call 10:40 PM -£irecrackers thrown by
patrons, patrons pZaying "chicken" in street in front
of establishment - police called.
License, police visit (see 6/15 report to Bob
Kessler/LZEP)
Thursday - Complainant call 11:00 PM - 22 kids on
tables in £ront of establishment. Letter to owner
describing problems and conditions.
Friday - Complainant call 12:00 PM - 3 chairs outside,
trash.
Sunday - Complainant call 10:10 PM - trash, table in
front of dentist and drug store.
6/15/95
6/16/95
6/18/95
Complainant call 10:20 PM - tables in front of drug
store.
Complainant call 11:00 PM - tables still out, trash,
chairs in front of dentist.
b/20/95
manager by Rich Jents. Rich discussed conditions with
the manager (report from Rich to follow).
� —�
5/il - written notice In re the Licenses of Rozenkranz Ind�
6/15 - report — INC d/b/a Rosey's Coffeehouse
6/15 - letter to owner City's Exh. No. 14
Incident report 6/16/95 - 1/27/94
Week o£ 6/20/95 Letter of June 15 personally given to "Jan" the