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96-241r Council File # ��,'�- _� � � �' � � � Green Sheet # 35644 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � i _ n , Presented By Re£erred To Cott¢nittee: Date VJHEREAS, the City of Saint Paul, Department of License, Inspections and Environmental Protection (LIEP) began an adverse action against the license application of Don Luan Nguyen and Duong Dai Phan, dlb(a Cafe Kazaoke Do Thanh, 1275 University Avenue West, Saint Paul, Minnesota. LIEP alleged that the applicants were not qualified, under Saint Paul Legislative Code Chapters 310 and 426, to hold a cabaret license in Saint Paul, due to the applicants' past method of operating entertainment establishments in Rosemead, California, and by the method the applicants operated the Cafe Kazaoke Do Thatili in Saint Paul before they had been issued a license to operate; and WFIEREAS, on or about 5eptember 29, 1995, the applicants were notified of potential adverse action to be taken against their appiication; and WHEREAS, on or about November 15, 1995, the matter was refened by the City Council to be heazd by an Administrative Law Judge; and WHEREAS, the matter was heard by an Administrative Law Judge on January, 18, 1996, who made a recommendation to the Saint Paul City Council to grant the license, with condifions; and WI�EREAS, the matter was heard by the Saant Paul City Council on February 28, 1996, after the transcript, documents and exhibits had been forwarded to them by the Administrative Law Judge; NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui City Council, after due deliberation, based upon a11 the files, records and proceedings herein, does deny the cabaret license application of Don Luan Nguyen and Duong Dai Phan, d/b/a Cafe Karaoke Do Thanh; and be it, FURTHER RESOLVED, that the findings of fact and conclusions contained in the ALJ Report in this case, dated February 6, 1946, as amended by the Proposed Amended Findings of Fact and Proposed Amended Conclusions submitted by the Office of the City Attorney on behalf of LIEP, dated February 21, 1996, are expressly ratified and adopted as the written findings and conclusions of the Saint Paul City Council in this matter. 1 3 4 5 6 7 8 9 10 11 ' � `,` ' �-. ` � ° �_ � qc�� This Resolurion is based on the record of the proceedings before the ALJ, including the hearing on January 18, 1996, the documents and e�ibits introduced therein, and the azguments and staxements of the parties on February 28, 1996, and the deliberafions of the City Council in open session. A copy of this Resolution, as adopted, shall be sent by first class mail to the Office of Administrative Hearings and to the attorneys for the applicants, James Easterly and David Feinwachs. Requested by Department of: Adoption�ertified �by%Co}��`il Secretary Sy: (y" Approved yor: D te � ( /II Sy: By: Form Approved by City Attorne BY � .JN�" � ' b' t t�^^' 1 Approved by Mayor for Submission to Council By: Adopted by Council: D�k.e ��f�a2. _/� /j�, City Council Councilmember Blakey 266-8610 March 13, 1996 (CONSEI TOTAL # OF SIGNATURE PAOES A 9 , � - �y � ATE INITIATFA 'v � 3 5 6 4 4 3/4j96 GREEN SHEET � . _ INITIAUDASE INRIAVDATE � DEPAFlTMENT DIRECTOP Q CEN CAUNCit IUYBEfl FOR ��m ATTORNEY � CfTY CLEpK �pM� � eUOGET OIRECTOR � FlN. & MGT. SEAVICES DIR. �p�� Q MAYOR (OR ASSISTAN'n � (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken on February 28, 1996, concerning adverse action against license application by Don Nguyen and Duon Dai Phan's Cafe, dba Cafe Raraoke Do Tfianh, 1275 University Avenue. _ PLANNING CAMMISSION _ G'!IL SERVICE COMMi$SION _ q0 COMMiTiEE ,_ _ STAFF _ � DISTHiGT CDURT _ SUPPDFTS WHICH COUNqL OBJECTIVE? 1NITIATINa PERSONAI SERVICE CONTRACTS NIUST ANSWER TNE FOLLOWING UUESTIONS: 7. Has this personffum ever worketl under a contract for this departmant? - VES NO 2. Has Mis psrson/firm ever been a city employee? YES NO 3. Does this persoMfirm possess a skill �ot normally possessed by any curcent ciry flmployee? YES NO Exptain all yes answars on aeparata shcet anA atteeh to green sheet MAR 5 - � IERRY BLAff� �� °�� : �b„��,�r ��y� �. if.i. . ':.`k'.... 'UTdtl�C . ,.":_a l' ._ Lafi�� IF NOTAPPROVED: �TALAMOUNTOFTRANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO � INDIHG SOURCE ACTIVITY NUMBER IANCIAI INFORMATION� (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY rvnothy &. Ntorx, c;ry arro,ney °�`- ay� CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City Hal( 1 S West Kellogg BZvd. Sarnt Paul, Mixnesom SSIO2 Tetephone: 612 266-87I0 Facsunile: 612 298-5679 March 4, 1996 Nancy Anderson 310 City Hall RE: Wednesday, March 13, 1996 Council Hearing Item for Consent Agenda: 1. Don Luan Nguyen and Duong Dai Phan d/b/a Cafe Karaoke Do Thanh Nancy: Attached is the signed resolution identifying the licensure denial to be imposed by the City Council on Don Luan Nguyen and Duong Dai Phan d/b/a Cafe Karaoke Do Thanh. Please schedule this for the Consent Agenda for the Council Hearing on Wednesday, March 13, 1996. Thank you. .u�u��yu� � City of Saint Paul Office of the Ciiy Counci! 310 City Half Saint Pau{, MN 55102 (612) 266-8560 INTERDEPARTMENTAL MEMORANDUM DATE: April 24, 1996 �°R 2 51996 �ECt�v�� TO: Fran Swanson, Deputy City Clerk �� FROM: Nancy Anderson ' � / � �d (�c� A��k,25,�b SUBJECT; Council File Material - Council File No. 96-241 I am forwarding to you our complete file (official records, audio tapes, etc.} For Cafe Karaoke, and these records should be maintained in your office for permanent records storage. Thanks. NA Attachments OFFICE OF THE CI7'Y ATTORNEY T�mothp E dfars, Gq� A�torncy 91 s SA(NS r�uL � AAAA CITY OF SAINT PAUL A'orm Coleman, My�ar October 26, 1995 James c. Easterly �n3 2 5 1996 Attorney at Law 915 Grain Exchange Building C(TY CI.ERK, 400 South Fourth Street Minneapolis, Minnesota 55415 RE: Licenses of Don Luan Nguyen and Duong Dai Phan Our File Number G95-0386 Aear Mr. Easterly: Enclosed please find three additional documents related to the upcoming uncontested hearing before the St. Paul City Council which were not attached to our previous correspondence of October 18, 1995. Cn•il Dn�uion 400 Cf�• Ha1! IS Aesr K¢flogg Btvd. Sain� Pau1, Alirsnesota SSIQ2 REGEIVED Telephone: 671266-8ilQ Facsimile: 672 298-5679 The first document is a letter dated August 15, 1995, from � Christine A. Rozek to your clients, Messrs. Nguyen and Phan. This letter was referred to in our previous correspondence but was not provided. The second is a five page memo dated August 14, 1995, from Sgt. Brook Schaub of the St. Paul Police Dept. to Lt. Gary Briggs and includes a summary of Los Angeles County Sheri£f's records related to police calls to the Cafe Karaoke Binh Minh located in Rosemead, California. This summary should help during your review of the police reports previously provided. The third document is an August 15, 1995, memo from Lt. Briggs to Christine Rozek at LIEP which the above summary was attached to. If you have any questions, please call me at 266-8776. Sincerely, Peter Pangborn Paralegal ce: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP � Susan Marschalk, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Lt. Gary Briggs, St. Pau1 Police Dept., SIU OFf�7CE OF LICENSE, I1�SPECI70NS Al�9 IIv'YfRONMFNT'AL PAOIECISON Rnbet IC�.v7e, 1)iaraar � g -aY� � CITY OF SAINT PAUL LOWRY PROFESSlOK4L Ttlephonc 6Ib2669090 Norm Coteman, Mayor BUII.DING Facsimita b1b2669t)99 Suiu 3A7 611•2669124 350 Sc Paa Sma Saint Pa+� Mw,ewtu 55102-ISIO August 15, 1945 Don Luan Nguyen Duong Dai Phan 1275 University Ave. W. Saint Paul, MN 55104 RE: License Application #17719, Cafe Karaoke Do Thanh Dear Mssrs. Nguyen and Phan, The Office of License, Inspections and Environmental Protection has received and is processing your application for a cabaret, restaurant, and cigarette license at 1275 University Avenue W. However, at this � time none of your liceases have been issued. Please be advised that you are not authorized to conduct a cabaret, restaurant, or cigarette sales (or any other licensable activity) at the a£orementioned location. You must cease operation o£ these activities iaunediately. Failuze to eease such operation would be possible grounds for denial of yaur license application, If you have any questions, please contact me at 266-9108 or Kris Schweinler, Sr. License Inspector at 266-9110. Sincerely, �� Christine A. Rozek Deputy Director CAR/jl cc: Phil Byrne Peter Pangborn Lt. Gazy Briggs Robert Kessler Kris Schweinler 1 UEP.aRT\IE�T dF POLICE CITY OF SAINT PAUL � :\'_; -✓��.,,,, „l!1'i\;:�':^\ TO: rROM: SUB�7 ; DATE: Lieutenant Gary Briggs Sergeant Brook Schaub`-��7 Cafe Karaoke Do Thanh August 14, 1995 9b a�! This unit was requested by L.I.E.P. to comment on the application for a Cabaret license for the Cafe Karaoke Do Thanh at 1275 University Ave. The licerse applicants are a Don Luan Nguyen and a Duong Dai Phan. The zpplication lists the Cafe Karaoke Binh Minh as a business Don Nguyen was involved with from May 1993 to present. In that Karaoke Cafe's are relatively new to this area, contact was made with the � Los Angeles County Sheriff's Office, Temple Division. This is the local law enforcement agency for Rosemead, California. Binh Minh is located in Rosemead in a small mall like complex where several businesses are present. Much like the University Ave location. Information was requested to determine the amount of police problems associated with this business to determine what type of activity this cafe might generate £or our Department. A second business listed on the application was Cafe Karaoke Thien Nga in Rosemead, California. Duong Phan is listed as associated with this business from July 1990 until December 1993. Thien Nga changed ownership and name to La Rose in February 1993. There also was a suspected arson fire at this business in 1993. According to information received from California Law En£orcement sources, Both Phan and Nguyen have been described as uncooperative with the police, although Nguyen has started to cooperate recently. Thien Nga was described as a hangout for Asian gangsters from all areas of Southern California, and this did not change when the ownership did in 1993. There are no reports available for when the business was the Thein Nga, however there is some report activity from La Rose. Binh Minh is described as currently one of the majar hangouts for ` Asian gang members. It should be noted that this appears to be the � rule, rather than the exception. A karaoke cafe in Ohambra, Karac;ce S�r�^�a_y- : age 2 9�-ayf California described the sa:�,e nroblems with Asian gang members aad karaoke cafes. . � � I have requested reports on the following incidents to document the tyoe of activity related to these businesses: Date: 080693 061693 04059? 112294 012895 040395 071495 072594 Businesa: La Rose La Rose Binh Minh 3inh Minh 3inh Minn Binh Minn 3inh Minh Binh Minh Type of Call: CN# Narcotics Ass wJgun Narcotics License Vio Extortion Robbery Extortion Vandalism 931383105 931062505 940571905 941964005 950145105 950526505 951163705 941254005 Below is a summary o£ police calls to the Binh Minh, Date: 050893- 092493- 010294- 040694- 040694- 040794- 042194- 042394- 042494- 042494- 042694- 042794- 042794- 042$94- 050094- 050894- 050994- 051294- 060994- 060094- 072394- 072494- Q72594- Q72594- �72694- 072694- 080794- 080994- 081194- Juveniles outside tagging. 2 squads dispatched. Robbery with handgu� call. 3 squads dispatched. Robbery with 9mm ha:�dgun, Asian suspects. 5 squads dispatched. Checks of �rea & Biah Minh ref. ongoing narcotics problems. 3 sqti:ads. Premise Checks of area at owners request. 1 squad. Premise Check of area. 1 squad. Premise Check. 1 squad. Premise check @ owners reguest. 1 squad. Three arrests C� cafe. Coded charges. 1 squad. Premise Check. 1 squad. Alarm- 2 squads. Alarm- 3 squads. Premise Check for Narcotics activity. 1 squad. Premise Check/owners request. 1 squad. 15 Gang members fighting inside. 7 squads. Premise Check{Asian Gang members interviewed. 1 squad. Asian Gang members inside fighting. 5 squads sent. Premise Check. 1 squad. Medical- Party fainted over marijuana smoke in cafe. 1 squad. Premise Check. 1 squad. Numerous Asian gang members inside and out. Owner changed mind and didn't want police to contact his Asian gang type customers. 2 squads. Complaint gang membess re£using to leave cafe. 2 squads. Alarm- Broken front window. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check ref. Extortion. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. . � r ::aracke S:.;,�„�ary . _ �ge 3 081294- 081294- 081594- 081594- 08189?- 08209?- 082394- 082394- 082594- 082694- 082694- 083194- 090194- 090494- 090594- 090694- 091294- 091894- 091894- 100694- 101494- 101894- 102794- 102994- 103194- 113094- 120194- 121094- 121394- 122194- 122794- 122894- 122994- 010495- 010695- 010695- 010895- Q11395- 012095- 012895- 020195- 020295- 020'795- 022195- 022495- 030195- 030395- 040095- 040095- 040095- 041395- 041395- 1 arrest, 2 released coded Premise Cneck. 1 squad. Premise Check. 1 scuad. Premise Check. 1 srnaad. Premise Check. 1 squad. Premise C^eck. 1 srn:ad. Premise Check. 1 sauad. charge. 1 squad Premise C!�eck ref cang activity. 1 squad. Premise Check. 1 scuad. Premise Cneck. 1 squad. Assist to second scuad. Coded. 1 squad. Premise Check. 1 svuad. �� " Premise Cr�eck ref Premise Check. 1 Premise Check. 1 Premise Check. Accident call. Premise Check. Coded incident. Premise Check_ Premise Check. Assist to Asia Premise Check. Premise Check f Premise Check. Problem w/gang 2 municipal code vio scuad. sauad. sauad. sqt:ads. sauads. scuads. 1 squad. War Ching gang n Crime Unit. 1 1 squad. or gGng 1 squad. members. Gun was flashed returned twice. 3 squads. Gang members Premise Check ref. gang problems. 1 squad. Premise Check ref. gang problems. 1 squad. Premise Check ref. gang problems/extortion. 1 arrest. 2 squads. Gang Unit requests back up in detaining several gang members. 2 squads. Premise Check. 1 squad. Premise Check ref. gang activity Several gang members interviewed Premise Check. 1 squad. Code incident. 2 squads. Premise Check ref. extortion. 2 Juveniles loitering. 1 squad. 1 squad. in cafe. 1 sguad. squads. Premase Check ref. recent gang activity. 1 11 Laotians attempting to take vehicle. 6 Premise Check ref. aang activity. 1 squad. Assist ref. gang activity. 2 squads. Premise Check. 1 squad. Premise Check. 2 squads. Three arrests of Asian males. Unknown code Premise Check for gang activity. Alarm- 2 squads. Premise Check ref gang activity. 1 squad. gb-a4� members ID'd. 3 squads. squad. activity. 1 squad. squad. squad. squad. squads. 1 squad. 4� ay� �� u xarac:�ce ��r.�.Tarv. ace � 052795- Premise C�eck. 1 scuad. 053095- Alarm- 1 squad. 060295- Alarm- 2 squads. Below is 030593- 031193- 031393- 032693- 041293- 041793- 0?2293- 042493- D51093- O51&93- 052093- 053193- 060493- Q60693- 061093- 070493- 070593- O7Q693- 080593- 080693- 080893- 080993- 081493- 081693- 082093- 082893- 083093- 090193- 090993- 091193- 090493- 090693- 490893- 091493- 100193- 100293- 100693- 11d193- a summ�ry of calls to La Rose Cafe: Alarm. 1 squad. Coded ircident arrest Owner rec�uests premise Alarm. 2 sauads. 10 asian :�ales inside Alarm. 1 swad. xelated check. £ighting squad. squads. 4 squads. 5-6 Asian males drinking/disturbing in front. There is no liquor license for Cafe. 2 squads. Alarm. 3 sauads. A1arm. 2 squads. Alarm. 2 =_QUads. Alarm. 2 squads. Alarm. 2 =_quads. Alarm. 3 scuads. Numerous juveniles loitering. 3 squads. Alarm. 1 squad. Premise Check ref. gang activity. 1 squad. Premise Check ref. aang activity. 1 squad. Premise Check ref. gang activity. 1 squad. Alarm. 1 scsuad. Coded arrest in Cafe parking lot. 1 sguad. Employees call about gang members in parking lot. 2 squads. Premise Check. 1 squad. Numerous aang members present. Possible shooting. 4 squads. Premise Check re£. gangs. 1 squad. Premise Check ref. gangs. 1 squad. Coded incident. 1 squad. Checked for gang activity. 1 squad. Alarm. 1 squad. Check for gang activity. 1 squad. Fight inside, possible guns involved.4 squads. Check for gang activity. 1 squad. Premise Check. 1 squad. Coded assist. 2 squads. Check £or gang activity. 1 squad. Unknown call. 2 squads. Premise Check. 1 squad. Premise Check. 1 squad. Squads sent to check the welfare when no one there and business supposed to be open. Waitress locked in bath- room. Incident believed to have ended up extortion. Suspect info provided. 5 squads. Note- below November incidents documented, however fax copy did not show the exact day of ca11s. 9� -�� arac;ce Su::-a=Y. cace S 110093- 4-5 Asiar,s w/guns squads. 110Q93- Premise Check ref 110Q93- Alarm. 2 souads. 110093- 3 Premise Checks. 11�093- Alarm. 1 squad. 120093- Premise Check for 120093- Structure Fire. Owner described as uncooperative. 4 s ongoing gang activity. 1 squad. 1 squad each. suspect. 1 squad. Los Angeles Sheriff's Office attributed 25-SOo of the calls to the surrounding busiress as related to the Cafes. The log shows several incidents involving a laundromat and MiniMart near the Binh Minh involving gang members. In general, these tyoe of cafes have shown a history of being gathering places for Asian gang members and a drain on police resources. Accordi,g to LASO, drug and gang involved offenses are the norm, not the exception to the rule. Specifically to the applicGnts, the record shows that previous businesses they were involved with in California also have a history of gang related incidents, and a drain on police resources. I'll add that until extorion related offenses against the businesses appeared, the owners have been described as less than cooperative with the police. One example related by a Gang Unit Investigator was zn officer gerforming a premise check and being asked by a waitress "where's your warrant to come in here?". � 9l� -� yl . (� {nterdepartmenta! Memorandum �� CTTY OF S.AL'�T PAL'L TO: Christine Rozek FROM: Lt. G. Briggs_/`//� v y ! SU3J: Cafe Karaoke Do Thanh DATE: August 15, 1995 Attached is a report prepared by Sgt. Schaub detailing a breakdown of the information provided by the Los Angeles Sheriff`s Office, Temple Division regarding two `Karaoke' cafes owned in part by a Mr. Don Luan Nguyen. Mr. Nguyen has made application to LIEP for a similar license for the Cafe Karaoke Do Thanh at 1275 University Avenue. Based on their history in California, the Sheriff's Department recommendation and recent � incidents reported to our Department involving the Cafe, I strongly urge you to deny their license application. I am making this recommendation based on several factors. First, in the fax from L.A., their lead gang investigator noted that Mr. Nguyen and his employees have demonstrated a long history of animosity toward the local police. This changed only recently when Mr. Nguyen became the object of an extortion case. This attitude is hardly one that suggests a cooperative relationship toward problem solving in the future, rather it suggests an attitude that harbors these types of activities and protects the type of people involved in criminal enterprises. Second, the number of police calls and the level of violence incumbent in the police calls at his establishments in California are very serious. Narcotics, weapons, extortion and robbery are not minor nuisance type events. We should remember that these are non-alcoholic cafes. One might expect some of these activities to be associated with a liquor license, but hardly a cafe. We have cafes in St. Paul which have been around for over 20 years that don't have the number of police calls his `Karaoke' cafes have generated in one year. Third, the cafe has been open for only thirty days and we have already generated four police reports from the establishment. � Two of those have involved guns and gangs. In fact, Mr. Nguyen has hired off-duty officers for his establishment, clearly demonstrating that he already expects serious problems. 9�-ayl Ms. Christine Rozek � Cafe Karaoke Do Thanh August 14, 1995 page two These off-duty officers have also identified a number of the current clientele as Minneaaolis Asian gang members. It would not seem to make much sense *or St. Paul to provide the ready access to import Minneapolis'es violent gang activities. Finally, Mr. Nguyen has already been operating his business for over thirty days and has failed to get any type license. Based on his ownership in California, it must be assumed that he is very aware of his affirmative need for the appropriate licenses in order to operate a business. The fact that he is content to operate without the necessary licenses points to a very caviler attitude about his business dealings. It should also be pointed oLt that some of our most troublesome problems with nuisance properties, such as the Playboy Club, have resulted from these types o: establishments. With little invested, the owners have little to loose in terms of investment or penalties. In sum, based on his past practices in California, current � activities at his establishment and his current business practices, I strongly urge you to deny the pending application for a Cabaret license to Mr. Nguyen and the Cafe Karaoke Do Thanh. If you have any additional ouestions, please don't hesitate to call me at 292-3680. Thank you. cc: Chief Wm. K. Finney Deputy Chief A. Singer Mr. R. Kessler Mr. P. Bryne Sgt. B. Schaub , OFFICE OF THE C1TY ATTORNEY Amolhy E. Marx, Ciry Attarney 9�-a �/ CITY OF SAIN'T PAUL Norm Coleman, Mayar October 18, 1995 Civit Divisiox 4Q0 Ciry Ha71 IS Yl'est Xe!logg Blvd Sain[ PauJ, .'vlinnesom 55102 Telephone: 611 166-81 ] 0 Facsimrle: 612 298-56l9 NOTICE OF COLTDiCIL HEARIIQG James C. Easterly Attorney at L,aw 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 RE: November 1, 1995 Uncontested License Licenses of Don Nguyen and Duong Dai d/bJa Cafe Karaoke Do Thanh License Application Number: 17719 Our file Number: G95-0386 Hearing Phan's Cafe ��;: ,� �a��:�� ° � cw �..�� , �g - ,,:; . � �� '�� Dear Mr. Easterly: Please take notice that a hearing concerning the above-named establishment has been scheduled for 3:3o p.m., November 1, 1995 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the documents which will be presented tc the City Council for their consideration. This is an uncontested hearing, in that the essential facts contained in the attached police reports have been admitted to. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalt�, if any, to be imposect. The recommendation of the license office is the denial of the application for a cabaret license. If you have any questions, please call me at 266-8732. Sincerely, C�.�� Philip K. Assistant , �'� �� Miller City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP, 300 Lowry Bldg. Frank Staffenson, Deputy Director LIEP., 300 Bldg. Susan Marschalk, Community Organizer, Hamline Midway Coalition 1564 Lafond Ave., St. Paul, MN 551�4 Lt. Gary Briggs, St. Paul Police Dept., SIU 9� a �tl F' UNCONTESTED LfCENSE HEAR[NG ` Licensee Name: Don Luan Nguyen � Duong Dai Phan dJb/a Cafie Karaoke Do Thanh Address: 1275 University Avenue West Council Hearing Date: �tovember 1, 1995 Violation: Failure to control gang related activities at licensed establishments in California; Failure to obtain ticenses prior to beginning operation in the City of St. Pauf, Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, lnspections and Environmentat Pratection: Denial of Cabaret License Application Attachments: 1. License Information 2. Notice of Vialat'son 3. Letter of licensee or a�tc�r��= �greeing not to contest the facts 4. Police Reports 9� - dy/ Lic ID.........•••••••••- STAT.................•-•• Business Name............ Address .................. Zip ...................... Doing Business As........ License i3ame ............. E�:p Date ................. Insurance Carrier........ Ins. Policy Number.....__ Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 17719 AC DON LUAN NGUYEN & DUONG DAI PFiAN 1275 UNIVERSITY AVE W 55104 CAFE KARAOKE DO THANH CIGARETTE RESTAURANT {C)-LIMITED CABARET - CLASS A 03/31/96 PARTNERS/OWNERS 12977 PH NOTICE SENT 8/31/95 SET FOR 9/27/95 9� MFiILED, 33 EMAILED, 2 INTEROFFICE 2066188 r�ci�ays:�:3 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT1�2 ° FDX ° 9640 E71 ° LQG CLOSED ° PRINT OFF ° OFFICE OF THE CITY ATTORNEY Timorhy E Adasx, Ciry� Artorncy � -- �b ay/ CIT'Y OF SAINT PAUL Tbrm Coleman, Mayor Cmil Drvision 400 Gry Hall 13 N�est Ke7Togg Blvd. SainlPaul, Minnesaia 55102 Teleph one: 612166-87 D Facsimile, 61? 198-5619 October 26, 1995 James C. Easterly Attorney at Law 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 RE: Licenses of Don Luan Nguyen and Duong Dai Phan Our File Number G95-0386 Dear Mr. Easterly: Enclosed please find three additional documents related to the upcoming uncontested hearing before the St. Paul City Council which were not attached to our previous correspondence of October 18, 1995. The first document is a letter dated August 15, 1995, from Christine A. Rozek to your clients, Messrs. Nguyen and Phan. This letter was referred to in our previous correspondence but was not provided. The second is a five page memo dated August 14, 1995, from Sgt. Brook Schaub of the St. Paul Police Aept. to i,t. Gary Briggs and includes a summary of Los Angeles County Sheriff's records related to police calls to the Cafe Karaoke Binh Minh located in Rosemead, California. This summary should help during your review of the police reports previously psovided. The third document is an August 15, 1995, memo from Lt. Briggs to Christine Rozek at LIEP which the above summary was attached to. If you have any questions, please call me at 266-8776. Sincerely, Peter Pangborn Paralegal cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Susan Marschalk, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Lt. Gary Briggs, St. Paul Police Dept., SIU CITY OF SAWT PAUL Norm Cofeman, Mayo� August 15, 1995 Don Luan Nguyen Duong Da3 Phan 1275 University Ave. W. Saint Paul, MN 55104 OFF[GE OP LICEIdSE, If�SPEGTtONS M'D FNVIRONMF.NTI'AL pROTECT'[ON Robar Ktssk , Disectar gb - d yJ LGWRY PROFESSlOKlL Tdephonc 6SZd66-9�0 BUILDA'C Facsimila 67Z2669099 Suiu 3A9 612d669124 350 Si Paer Svert SavuPau; Mbu�esora 55102-ISIO RE: License Application #17719, Cafe Karaoke Do Thanh Dear Mssrs. Nguyen and Phan, The Office of License, Inspections and Environmental Protection has received and is processing your application for a cabaret, restaurant, and cigarette license at 1275 University Avenue W. However, at this time none of your licenses have been issued. Please be advised that pou are not authorized ta conduct a cabaret, restaurant, or c3garette sales (or any other 13censable activity) at the aEorementioned location. You must cease operation o£ these activities immediately. Failure to cease such operation would be possible grounds for denial of your license appl3cation. If you have any questions, please contact me at 266-9108 or Kris Schweinler, Sr. License Inspector at 266-4110. Sincerely, C_/"-�,�,a,`^,�,� 1� /-� �.� Christine A. Rozek Deputy Director cAx�j 1 cc: Phil Byrne Peter Fangborn Lt. Gary Briggs Robert Kessler Kris Schweinier llEP.-�i2T�1E\T OF POLICE �� aY� CITY OF SAI\T PAUL i1'3-�i: i�E CG1;1!;;V:4i't?1 TO: Lieutenant Gary Briggs FROM: Sergeant Brook Schaub� SUSJ: Cafe Karaoke Do Thanh DATE: August 14, 1995 This unit was requested by ?,.I.E.P. to comment on the application for a Cabaret license for the Cafe Karaoke Do Thanh at 1275 University Ave. The license applicants are a Don Luan Nguyen and a Duong Dai Phan. The application lists the Cafe Karaoke Binh Minh as a business Don Nguyen was involved with from May 1993 to present. In that Karaoke Cafe's are relatively new to this area, contact was made with the Los Angeles County Sheriff�s Office, Temple Division. This is the local law enforcement agency for Rosemead, California. Binh Mir.h is located in Rosemead in a small mall like complex where several businesses are present. Much like the University Ave location. Information was requested to determine the amount of police problems associated with this business to determine what type of activity this cafe might generate for our Department. A second business listed on the appliCation was Cafe Karaoke Thien Nga in Rosemead, California. Duong Phan is listed as associated with this business from July 1990 until December 1993. Thien Nga changed ownership and name to La Rose in February 1993. There also was a suspected arson fire at this business in 1993. According to information received from California Law Enforcement sources. Both Phan and Nguyen have been described as uncooperative with the police, although Nguyen has started to cooperate recently. Thien I3ga was descri}aed as a hangout for Asian gangsters £rom all areas of Southern California, and this did not change when the ownership did in 1993. There are no reports available for when the business was the Thein Nga, however there is some report activity from La Rose. Binh Minh is described as currently one of the major hangouts for Asian gang members. It should be noted that this appears to be the rule, rather than the exception. A karaoke cafe in Ohambra, �Carac;ce SummarY- : ag2 2 9� ay! California described the sa�;�e problems with Asian gang members and karaoke cafes. I have requested reports on the following incidents to document the type o£ activity related to these businesses: Date: 080693 051E93 04059? 112294 012895 040395 Q71495 072594 Business: La Rose La Rose Binh Minr Binh Minn Binh Minh 3inh Minh 3inh Minh Binh Minh Below is a summary of police ca11s to the Binh Minh. Date: 050893- 092493- 010294- �.�.•. 040694- 040794- 042194- 042394- 042494- 042494- 042694- 042794- 042794- 042894- 050094- Q50894- 050994- 051294- 060994- 060�94- 072394- 072494- 072594- 072594- 072694- 072694- 080794- 080994- 081194- Juveniles outside tagging Robbery with handgu:: call Robbery with 9mm ha�dgun, dispatched. Type of Call: CN# Narcotics Ass wJgun Narcotics License Vio Extortion Robbery Extortion Vandalism 931383105 9310b2505 94�571905 941964005 950145105 950526505 951163705 941254005 2 squads dispatched. 3 squads dispatched. Asian suspects. 5 squads Checks of area & Binh Minh ref. ongoing narcotics problems. 3 scruads. Premise Checks of area at owners request. 1 squad. Premise Check of area. 1 squad. Premise Check. 1 squad. Pzemise check @ owners request. 1 squad. Three arrests @ cafe. Coded charges. 1 squad. Premise Check. 1 squad. Alarm- 2 squads. Alarm- 3 squads. Premise Check for Narcotics activity. 1 squad. Premise Check/owners reguest. 1 squad. 15 Gang members fighting inside. 7 squads. Premise CheckJAsian Gang members interviewed. 1 squad. Asian Gang members inside fighting. S squads sent. Premise Check. 1 squad. Medical- Party £ainted over marijuana smoke in cafe. 1 squad. Premise Check. 1 squad. Numerous Asian gang members inside and out. Owner changed mind and didn�t want police to contact his Asian qanct type customers. 2 sauads. Complaint gang members refusing to leave Alarm- Broken front window. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check ref. Extortion. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. ca£e. 2 squads. �aracke Summary. �age 3 081294- 081294- 081594- 081594- 08189?- 0820°a- 082394- 082394- 082594- 082694- 082694- 083194- 090194- 090494- 040594- 090694- 091294- 091894- 091894- 100694- 101494- 101894- 102794- 102994- 103194- 113094- 120194- 121094- 121394- 122194- 122794- 1 arrest, 2 released coded charge. 1 squad Premise Check. 1 squad. Premise Check. 1 sauad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check. 1 s�.:ad. Premise C'r.eck. 1 squad. Premise Check ref aang Premise C�:eck. 1 squad. Premise Cneck. 1 squad. Assist to second s�sad. Premise Check. 1 sci:ad. �� ' Premise Check ref Premise Check. Premise Check. Premise Check. Accident cal1. Premise Check. Coded incident. Premise Check. Premise Check. Assist to Asia activity. 1 squad. Coded. 1 squad. municipal code vio 1 souad. 1 squad. 1 souad. 2 sqti:ads . 2 sauads. 2 squads. 1 squad. War Ching gang n Crime Qnit. 1 1 squad. members ID'd. 3 squads. squad. Premise Check. 1 squad. Premise Check for gang activity. 1 squad. Premise Check. 1 squad. Problem w/gang members. Gun was flashed. Gang members returned twice. 3 squads. 122894- Premise Check ref. gang problems. 1 squad. 122994- Premise Check ref. gang problems. 1 squad. 010495- Premise Check ref. gang problems/extortion. 1 arrest squads. 010695- Gang Unit requests back up in detaining several gang mb O1D695- 010895- 011395- 012095- 012895- 020195- 020295- 020795- 022195- 022495- 030195- 030395- 040095- 040095- 046095- 041395- 041395- me ers. 2 squads. Premise Check. 1 squad. Premise Check ref. gang activity. 1 squad. Several gang members interviewed in cafe. 1 squad. Premise Check. 1 squad. Code incident. 2 squads. Premise Check ref. extortion. 2 squads. Juveniles loitering. 1 squad. Premise Check ref. recent gang activity. 1 11 Laotians attempting to take vehicle. 6 Premise Check ref. aang activity. 1 squad. Assist re£. gang activity. 2 squads. Premise Check. 1 squad. Premise Check. 2 squads. Three arrests of Asian males. Unknown code Premise Check for gang activity. 1 squad. Alarm- 2 squads. Premise Check ref gang activity. 1 squad. squad. squads. 1 squad. 9� ayi 9b a�i Karac;ce Summary. : age 4 052795- Premise Ch2ck. 1 sauad. 653095- Alarm- 1 squad. 060295- Alarm- 2 squads. Belcw is a summary of cai�s to La R C f• 030593- 631193- 031393- 032693- 041293- 0?1793- 042293- 042493- 051093- 051893- 052093- 053193- 060493- 060693- 061093- 070493- 07D593- 070693- 080593- 080693- 080893- -- ose a e. Alarm. 1 squad. Coded incident arrest Owner rec premise Alarm. 2 squads. 10 asian males inside Alarm. 1 sQUad. related check. fighting squad. squads. a squads. 5-6 Asiaa males drinking/disturbing in front liquor license for Cafe. 2 squads. Alarm. 3 squads. Alarm. 2 squads. Alarm. 2 �cruads. Alarm. 2 squads. Alarm. 2 squads. Alarm. 3 sauads. Numerous juveniles loitering. 3 squads. Alarm. 1 squad. Premise Check ref. gang activity. 1 squad. Premise Check ref. aang activity. 1 squad. Premise Check ref. gang activity. 1 squad. Alarm. 1 squad. There is no Coded arrest in Cafe parking lot. 1 squad. Employees call about gang members in parking lot. 2 squad5. QS0993- Premise Check. 1 squad. 081493- Numerous gang members present 081693- 082093- 082893- 083093- 090193- 090993- 091193- 090493- 090693- 090893- 091493- 100193- 100293- 100693- 110193- squads. Premise Check ref. gangs. 7 Premise Check ref. gangs. 1 Coded incident. 1 squad. Checked for gang activity. Alarm. 1 squad. Check for gang activity. 1 Fight inside, possible guns Check for gang activity. 1 Premise Check. 1 squad. Coded assist. 2 squads. Check for gang activity. 1 Unknown call. 2 squads. Premise Check. 1 squad. Premise Check. 1 squad. Possible shooting. 4 squad. squad. squad. squad. involved.4 squads. squad. squad. Squads sent to check the welfare when no one there and business supposed to be open. Waitress locked in bath- room. Incident believed to have ended up extorCion. Suspect info provided. 5 squads. Note- below November incidents documented, however fax copy did not show the exact day of calls. . . 9b �y� ;taraoice Sum,:,ary. : age 5 110093- 4-5 Asia^s wJguns squads. 110093- Premise Check ref 110093- Alarm. 2 scruads. 110093- 3 Premise Checks. 110093- Alarm. 1 sauad. 120093- Premise C�:eck for 120093- Structure rire. Owner described as uncooperative_ 4 ongoing gang activity. 1 squad. 1 squad each. suspect. 1 squad. Los A, Sheri��'s Office attributed 25-50% of the calls to the surrounding busir.ess as related to the Cafes. The log shows several incidents involving a laundromat and MiniMart near the Binh Minh involving gang memoers. In general, these type of cafes have shown a history of being gathering places for Asian gang members and a drain on police resources. According to LASO, drug and gang involved offenses are the norm, not the exception to the rule. Specifically to the applicants, the record shows that previous businesses they were involved with in California also have a history of gang related incidents, and a drain an police resources. I'l1 add that until extorion related offenses against the businesses appeazed, the owners have been described as less than cooperative with the police. One example related by a Gang Unit Investigator was an officer performing a premise check and being asked by a waitress '�where's your warrant to come in here?". �� y/ SA/NT �AUL � AAAA Interdepartmenfal Memorandum CTTY OF SAIIQT PALZ TO_ Christine Rozek FROM: Lt. G. Briggs s?7�J: Cafe Karaoke Do Thanh DATE: August 15, 1995 Attached is a report prepared by Sgt. Schaub detailing a breakdown of the information provided by the Los Angeles Sheriff's Office, Temple Division regarding two `Karaoke' cafes owned in part by a Mr. Don Luan I3guyen. Mr. Nguyen has made application to LIEP for a similar license for the Cafe Karaoke Do Thanh at 1275 University Avenue. Based on their history in California, the Sheriff's Department recommendation and recent incidents reported to our Department involving the Cafe, Z strongly urge you to deny their license application. I am making this recommendation based on several factors. First, in the fax from L.A., their lead gang investigator noted that Mr. Nguyen and his employees have demonstrated a long history o£ animosity toward the local police. This changed only recently when Mr. Nguyen became the object of an extortion case. This attitude is hardly one that suggests a cooperative relationship toward problem solving in the future, rather it suggests an attitude that harbors these types of activities and protects the type of people involved in criminal enterprises. Second, the number of police calls and the level of violence incumbent in the police ca11s at his establishments in California are very serious. Narcotics, weapons, extortion and robbery are not minor nuisance type events. We should remember that these are non-alcoholic cafes. One might expect some of these activities to be associated with a liquor license, but hardly a cafe. We have cafes in St. Paul which have been around for over 20 years that don't have the number of police calls his `Karaoke' cafes have generated in one year. Third, the ca£e has been open for only thirty days and we have already generated four police reports from the establishment. Two of those have involved guns and gangs. In fact, Mr. Nguyen has hired off-duty officers £or his establishment, clearly demonstrating that he already expects serious problems. 9� ay� Ms. Christine Rozek Cafe Karaoke Do Thanh August 14, 1995 page two These off-duty officers have also identified a number of the current clientele as MinneGpolis Asian gang members. It would not seem to make much sense �or St. Paul to provide the ready access to import Minneapolis'es violent gang activities. Finally, Mr. Nguyen has already been operating his business for over thirty days and has failed to get any type license. Based on his ownership in Cali£oraia, it must be assumed that he is very aware of his affirmative need for the appropriate licenses in order to operate a business. The fact that he is content to operate without the necessary licenses points to a very caviler attitude about his business dealings. It should also be pointed oLt that some of our most troublesome problems with nuisance properties, such as the Playboy Club, have resulted from these types o= establishments. With little invested, the owners have little to loose in terms of investment or penalties. In sum, based on his past practices in California, current activities at his establishment and his current business practices, I strongly urge you to deny the pending application for a Cabaret license to Mr. Nguyen and the Cafe Karaoke Do Thanh. If you have any additional questions, please don't hesitate to call me at 292-3680. Thank you. cc: Chief Wm. K. Finney Deputy Chief A. Singer Mr. R. Kessler Mr. P. Bryne Sgt. B. Schaub � OFFICE OF THH CTTY ATTGF'�'EY . T��. M� �Rna� 9�—aY/ CIT� OF SAINT PAUL Norm CoTeman, May�vr Cn+i! Division 44D Ciry Hau IS Wea ICeAogg Blvd Saint Part� Momaota SSZ02 Telephone: 612 256-37?D Facsimile: 6I2 2985619 September 29, 1995 Don Luan Nguyen Duong Dai Phan 1275 University Av W Saint Paul MN 55104 Re: Licenses of Don Nguyen and Duong Phan dba Cafe Karaoke Do Thanh License Application ID # 17719 Our Fi1e Number: G95-0386 Dear Messrs. Nguyen and Phan, I am in receipt of information that could lead to adverse action aqainst you, which could include, 1) denial of your application for an entertainment license and 2) action against your current licenses. The basis' for the denial of issuance of an entertainment license are: California incidents: On November 21, 1994, your establishment in Rosemead, California, Cafe Raraoke Binh Minh, was cited for conducting karaoke type of entertainment after your application for an entertainment license had been denied. Between the dates of 5/8/93 and 6/2/°5, Los fingeles County Sheriff's officers were sent to the Cafe _:ar�oke Binh Minh approximately 35 times for calls invoivir.5 gangs, drugs or guns. During that same time, the S�eri�=s office received appraximatel J�7 0:22cY' Cdi1.S iGi' ScY'viCc. In 1993 alone, the Los Angeles County S�_�riif's Office received approximately 47 calls to the Ca�e ICaraoke Thien Nga. Seventeen of these involved gangs, cruns, loitering or assaults. The Sheriff's office attriia�res z5-50 °s of calls to surrounding businesses as rela�ed �o �:�e CaPes and that until you reported attempts at extortior. directed at the Cafes, you provided little cooperation with their office. Saint Pau1 incidents: On July 8, 1995, squads were called to the Ca£e Karaoke Do Thanh to assist an off-duty officer after several gang members threatened to kill a patron. The following day, several gang members returned to the Cafe when no officer was present, 3 or 910-�`f) 4 guns were seen, but no call to the police was made. The life of the off-duty officer has been threatened. On July 15, 1995, a female, while outside the Cafe, was threatened that her car would be burned and that if she wanted to stay alive, she had better leave. On August 15, 1995, you received a letter from Ms. Christine Rozek of the Licensing office directing you to cease the operation of activities which you had been conducting without a license. You had been open for business for over 30 days without an appropriate license. If you do not dispute the above, this matter will be scheduled before the City Council for a hearing on what, if any, adverse action �iauld be imposed. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the above facts if we are going to follow that path. If you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter. If 2 do not hear from you, I will schedule the hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Respectfully, ��,�� k�'��:�� Philip K. Miller Assistant City Attorney CC: l70I7 ttguyenjDUO }?iaTt� .'c.� �iiC I.i�� d��'�..�u�2 *AQ�� 55123 Robert Kessler, Director, LIEP . Christine Rozek, LIEP Lt. Gary BYiggs, SPPD/SIU ,-:� JA�fES C. EASTERLY AiTORNEY .1T LAW 915 Grain Exchange Buildin� ' 400 South Fourth Street Minneapolis, Minnesota 55415 (612J 333-7888 / FAX 344-1255 October 10, 1995 Phillip K. Miller Assistant City Attorney 400 City Hall 15 W Kellogg Blvd St Paul, MN 55102 9� ay � RECEIVED OCT 111995 C�TY AT�ORI�EY Re: Don Nguyen an Duong Dai Phan's Cafe Karaoke Do Thanh License Application No. 17719 File No. G95a386 Dear Mr. Miller: This letter follows my October 6, 1995 letter to you and our telecon this mornirg. Please find enclosed joint statement of applicants Don Nguyen and Duong Dai Phan in response to your September 29, 1995 letter to them noting allegations "that could lead to adverse action you," and requesting that applicants either admit to those allegations before proceeding with a hearing before City Council; or submit to a preliminary, evidentiary hearing before an ALJ to resolve any factual disputes. During our telecon this morning you explained that an evidentiary hearing before an ALJ had been tentatively scheduled £or November 14, 1995 and that the next City Council Meeting at which license application could be considered, if applicants elected to forgo an evidentiary hearing, would be November �, '1995. P��ase note that applicants will not contest allegations set out in your September 29, 1995 letter, a copy of which is attached to their enclosed statement, to the extent that those allegations are verified and documented in police reports presented to me for �eview at least one week before hearing. Yours ver � � `� truly � �� ames C. Easterly Enclosure � "' JOINT STATEMENT OF I,ICENSE APPLICANTS D023 LUAI3 NGIIYEI3 AND DUODIG DAI PHAN IN RESPONSS TO ALLEGATIONS BASED ON POLICE REPORTS CITED IN SEPTEMBER 29, 1995 LETTER TO THEM FROM ST PAUL ASSISTANP CITY ATTORN�Y PHILLIP K. MILLER, A COPY OF WHICH ZS ATTACHED 9� ay1 The undersigned Don Luan Nguyen and Duong Dai Phan admit to those allegations contained in the attached September 29, 1995 letter from Assistant St Paul City Attorney Phillip K. Miller to the extent that those allegations are founded upon accurate, verified police reports, copies of which are presented to our attorney of record, James C. Easterly, at least one week prior to November 1, 1995 hearing of our cabaret license application by St Paul City Council, and to City Council members prior to that hearing. �O - / C� " �1 _\ Date lo - �D - 9.S` Date . �- � t. of Incident . r.—.t� , Cr'FcNSc INCIDENT REPORT _ ;;s ��._,� „e c �- � QCCU'fE.'�.��? I_' b?'WBEn ��-��-:5 O� n�� \�� Arrest(s) Made: � �' '� No T�me DFte � Unif Other Yes [j tio Engz�=_d In. Yes ❑ No Ayency ❑ Chemicai � Hznds/Feet � SY�ngun ❑ Firearm � Impaci Weapon � Other _ Atte�r_ _ hrs. on �/'f� ��J2� � On Yew Gtations Issued: � Yes �o ❑ Warrant/Previous C.N. • � : Unit: � Patrol Agency (if other than SPPD): O ther Weapons Usetl By Suspect at Time of qrrest: � None ❑ Ed9ed Weapon � Firearm � Impact Weapon ❑ Ezplosive � Hands/Feet � Other if Arrestee is a juvenile, write "JUVENIIE' in the name box. If the victim is a jwenile, the victim's name, etc. is filled in, unless the jweniie was victim ot a CSC oc child abuse. In those cases, just write "JUVENfLE" in the name box. Also, tlo not list the name of an adult victim of CSC. ff a victim or wiiness wishes to have their name kept private, and the officer has reason to believe that releasing the person's name would p� them or their Q: operty in jeopardy, check the'Request Non-pubfic' boz and feave the name box biank. Name (L2st. Fvst, M��C}e Was this person taKen to a health car? facility? Name (Last, First, Middie I Was this person t;ken i to a heafth care tacitity? '� • • • Name (Last, First, Middie Was this perso� ken to a health care facilityl � . . . � Name (Last, First Middle; Was this person taken to a heaith care fac�lity? U Il ]/ l �J� Yes Heafth care faciliry g Adaress: �Vo ; Addr255. � Yes Health care f2c;;.:: & AdCrsss: No �_ � "dtlresx • Isl'c S. res neattn care �acility g Adcress No 1 Address: Yes Heatth care facility & Address: No 0 1-� S�sy. �I Request ❑ u....__..�r._ Request ❑ .,-- --�.._ -- �. l� _.4CsT 'l2� �i�„2�.T' . l .c�ll?� -F�'� �21�1Y�__,_ lA]�3tL� , c� z �� (n� _ 4-�.l'pE� �___�� _(�.�`s�.._St��:.___� S_ _ _��Q __ � A2c�m , 'D�ZcalE U P_ , --�_'�c-�_�1�- __?� -- �E----t�_ _C oi,� _ 7D -- W �� !� C/� � ?��' L'F �?�_��_ 7d ___�'ElU..AZ.t�_, � S�-� f�Y� ('��_ C-� CA.t�' � ��.c._�_ _ _ _._. _ -- - - - � Case: Assigned ❑ Notetl CHF Hom `Rob _Juv _Coord _ID _Lab � _T� 5�� —Sex _DIC _Burg _7heft _Prop ____CAU _F&F �Auto _DAO Page 1 _CO _Rptr _Vice _Narco _SIU �T8A _Other PM620-92R 9� ��/ 6Z6£OT56 �II �1 Nl� 11IU I� IIIII �ill ��! D�l 1� 1 I � ❑z ❑a v�.sm r� wr.,ess Sl1S{�C G I.�1SStfIC P2f5pI1 work Fhone: � ❑ Baid ❑ KaYcy Biack ❑ Blaek ❑ pecedQg � ❑ Bbnd ❑ Ss;'�rt Neccar� ❑ 3�o:vn � Nlaveyi�;r�• � Q �Y ��n��n� Q SantlY Q Metluun ❑ K�Mte ❑ Lon9 H6Darc '� � � �� . � .�I I ' .< <�.-�•' - � -�- - Asan Bluk hrtan MeuCan N1v� Ns�� :< ! . - ■ . y±r- IWI Q A�irro ❑ !nre ❑ CFan S11am ❑ Black ❑ Bctlurark Q StuhWe ❑ @own-li ❑ Freckks ❑ Be�d ❑ &owMNed ❑ G�s ❑ Moustache Q Bvan-Dark [] Afolzs ❑ OFVe ❑ Pecetl Fafs10 LeR F�mdetl ❑ Pa� p �m� ❑ R�nr t�aroea ❑ �Y Q Sar-Botly [] Ott�er _ ❑ Scar-Facial Paul lY On Arrn Qi Ches[ On hkrid OMier _ � tJame w�� RcturefDesgn Victim ❑ WRness Sez Sk Paul SusPect ❑ M�ssing Person F Q Y Add*ess (Street, Apt. Ci ❑ �'Y ❑ Med�um Q Slerder - -- -- - "r Skin. I�rdifying Fe�!ures: Tatoos: - $altl ❑ KirMcy ❑ qlpnq ❑ p�� ❑ Clean Sha�en Q On Arm e�ack ❑ r�ecea�ry ❑ ewok ❑�.mma,x ❑ sn,5b�e ❑ a, cr�en Bto�a ❑ snaigtn� ❑&nwn�.f ❑ Fmq�res ❑ aeara Q a, rta„a }kawn ❑ WeveY/CurA' ❑ &own-Metl. ❑ GL3sses ❑ Mwstache ❑ O[her �_ GraY ❑ B�Dwn-Dark ❑ hbies � InRal ReNAUbum Q Short ❑ p6va ❑ Piaced Farls) � Left Han�etl ❑ Name `�^dY ❑ Me��m ❑ Pak ❑ Pockmark � Rght Hantled Q Number Whrte ❑ Lon9 ❑ RWtlY Q Scar-BodY � Otlier _❑ P�cture70es�gn ❑ Scar-Faciai ? ❑ 2 ❑ 3 ❑ V�chm ❑ ComP � �SPect rst. Middk): � � Age: � Home Phc �rnicx,ard�, n�: a: �: Weight: Build: Person Sex Metlium � Sfender Asian Elack Indian Mexican White �^A^o�:.� �� ❑ Kinky Black ❑ Recetling Blontl ❑ Straght 9rown ❑ Wavey/Cudy Grdy Fe7 �'c' - � $�n'' PaW ]Y Skin� Identifying Featu2s Tatoos: ❑ A�bino ❑ Acne � Ci=an Shzv¢n Q On Arm ❑ eiack , � einnma�k ❑ swet�e ❑ o� cnesi ❑ �ow�-U ❑ Freckles ❑ Beard [] On Hand ❑ Brown-Metl ❑ Glasses ❑ Moustache � piher _ � s�a-^�-0ark I Q Moles � Imhal � O'roe I❑°�e¢ec Ea� �; Ha�oe_' �!�� Nsme — _' . � , n. ��. Plone lknor Fbss�le bileitv! �GV�+k �kyn Bo'rs Loss d TeaUl ss Se�ere L.aceratia� w�is� GunshW Other Majpr In�ury 0 � ❑ Sober Arms/FfaMS ❑ HBD Fked ❑ Irrlowcated Internal ❑ AA.'otiol �S«t ❑ Dru�s � ❑ UMcnown Torso Back � Conscp�s Torso Front ❑ �p��p� ❑ DOA of Yictim/Guardian: b1WY TYPe: ❑ None ❑ Mirror ❑ PossiGe Intemal ❑ �� &oken Bwies ❑ Loss af Teeth ❑ Severe Laceretwn ❑ Puncture/Stab ❑ Gunshot ❑ Other Ma�or In�ury of LJ Norie ❑ Mmor ❑ Possibie Internal ❑ AC'�Jdre�! fNOker. &j�5 ❑ ! es5 ot Teeth ❑ Sea Lzcez;�on �-- c M1bne Arms/Nantls Heatl Intemal legsfFeet Neck Torso Back 7orso Front sox� HBp Inbxicated Alcohol ikugs Unkrrown Conscious Unwnscious DOA ❑ None I Q $pber ❑ Arms/HanCS ❑ HBD ❑ Head � Intozicatetl ❑ Internal ❑ Akohol ❑ LegsiFeet � �rugs ❑ N=cY, I rl U�arwwn � siaErC�: rt::E'ty Ocwo�etl Uroccua�tl 5��9�. Q4�x. Townhome Multi. Apartmynts Gzrage Shetl/Stora9e Builtlrzg Y2rd PJ211 Rooming House Gmup/FialfwayMuSing Vehfcle 2u J2rv:CE � „° -. - c _ Comen�ence Store P��Perty� Deoan:nent/Drs:qmt S,o-e �l gdnk C•=tl�t Union �� $l � � �.prtIRW_ ..'i: I1' S:.'dl Grocery Store�Su:,err.tirket � ��merc�al YarC LiQuor StOre Serv�ce/6as Station � � :s:: � , � 5n � cFy ❑ Hosp:al SDeaatty Store Vehicle � �'�e�Cor..nErciel Q O,ffKe; Da;:a ❑ P2rkiny Lot. nanp ❑ R_wY,�1�Sto �'?E ��.I,ty ❑ Veh�cle � .�.��:..� .. � ...�. �':'.:J�� ❑ C2' . Tiu2r�. . J Ar S�5 � c�. Tcrtil.:o� ❑'�Jt2l Mct2i �IC �I , ..[�t Puoht51c5' �25:eJ2.T. ':1 ^ cl ?n50rt . ❑ V2h.iCie. . � I] G.^er PcbLC P'CPe.^.Y Reli^yiouSiEduc2;ior.2U �PuDhc Domafv: Recre�tional: [ FFe�cslWOOCS °e�4s ❑ C�L•C.'1�$Yqc9WJ2 TEt^.DI2 IL: �.C'x"eY-$VU: RJ£C n4y ❑ OIII�i�212f-1iy/{3EL Cf�.12f I � L2[c'W2S?'Vi2V ❑ ScM^d I ❑ =:�er P�phc uo'ain ❑ L9knpwp '_� Dcor J ' _ �Eacetl ❑ Si E S�c �__ _ -.^ Ir.sitle ❑ Ps,�o Jc� �0;�2rDCer �'JiiO:kC'CA ❑ ��or. VJ:v�cw � iG:k RemOW ❑ near Wrtn:pw � u�iE In Ceihn ❑ siae wi�aow ❑ 38sEmEni W�rc�pw ❑ Ot�er Wir�ow ❑ Otner ?cml ❑ Uaknew� Pa;rt Number of Premises: _ Hantloun . Q Semi ❑AUto � Axe�Hatchet Rifle ... ❑&ick;AOCk,iJ,issAe � Boltcutter [� Ptast�c Stn� � 5:zss Knuckles � Motor Vehic�es ..❑ SEmi ❑q�(o Q BOttle/GI2ss/Eic. � Hammer ❑ Drili ❑ PlierS,'WSE G�.ps ❑ CAmputer ❑ Poison/Gas ShOt9un . Q 52mi �quto ❑ �ce Pick ❑ OtPer Blum inst. ❑ Jimmy/Prybar Q Punch/Chisel � Drucs. Narcotws � Rope/Biritlitg Inst Firearms, Not Stztetl ❑ Knife ICWb'Bat!HC � � Hammer ❑ Sorewtlnver [j Expicsrves ❑ Oiher Rrearm, Other ❑ Screwtlriver � Key � Ot�er Burg.', ol ❑ Fire/Incentliary pewce � Cuttiry lnstrument Other ❑ HzntlS/Fist/Feet/'ctc. Vehicie I ❑ Abandoned Status: ❑ Damaged in Crime ❑ AMC � Jeep ❑ Suick ❑ LincOtn ❑ Catlillac ❑ Mer-Cur ❑ Chevroiet ❑ Mercury ❑ Chrysler ❑ Oltlsmobile ❑ Dodge ❑ Pymouth ❑ ford ❑ Pontiac ❑ GMC ❑ Saturn ❑ Other _ ❑ Autli ❑ BMW ❑ Dalsun ❑ Fiat ❑ Honda ❑ Hyundai ❑ 15uzu ❑ Jaguar ❑ Impounded ❑ Recovered ❑ Kawasaki QSacb ❑ M�da ❑Subaru ❑ Mercetles QSuzuki ❑ MG ❑TOyota ❑ Mitsubi5hi QTriumph ❑ N�ssan ❑VOikswa9en ❑ Porsche ❑VOIw ❑ Renautt ❑YUgo d1Yl.-: ❑ Used in Crime ❑ Other ❑ Oai?e ❑ Gol� ❑ Pprple ❑ B�ack ❑ GreernLl ❑ Pink ❑ .�__ �, [� � �=n-N�ed � Retl ❑ 3�.:e-1✓zd. Q Green-0erk Q SiWEr ❑ BWe-Dark Q Gray ❑ Turpuo ❑ 5rown ❑ Lzventler ❑ Whde ❑ Gopper ❑ Maroon ❑ Yeliow ❑ Gream ❑ Orange ❑ Other ❑ Stolen ❑ Theft From Uehicle Vehicle Type� Vehicle Size: ❑ Converti6le � Sub-comoan � Hard Top ❑ ComFact ❑ Hatchback ❑ Mitl-sized ❑ Motorcycle ❑ Full-sized ❑ Pickup ❑ Station Wagon ❑ Seaan ❑ Truck ❑ Other ❑ Van n Other Lic. of Damge Prior to � Location of Kev: Theft Coverea=: ❑ Ye s ❑ N Amount Owec ❑ No ❑ Yes Lcc'_„ �Or�� r to Use ❑7 ❑305 ❑2 Q4 Transmission: ❑ Automatic ❑ Manua� Shift Location: ❑ Column [j Fbor Y N ❑ � Ant=nna ❑ � 82t,e.ry ❑ i] CB.Raaio ❑ Q Doors Locketl ❑ Q igmtiOn LpCkei ❑ � Mo60e?hor�e ❑ � AaOio ❑ � Spare Tre Q Q TaOe Piayer ❑ ❑ 7mnk LockeC Mileage: Yes :lationship: ❑ Spouse �-� : ❑ Rei;tive — Fr�-ti(�ivi^ t �heck ony 7) ❑ Former S n - = 9°9ether) Pouse _ ❑ Shared C. I� : r-�e^d �to�rrw_riy livirg olation of Court Order. Action Taken: ❑ Arest �___ ;�i Crta: or ❑ Yes ❑ No ❑ Arr, �_ _.__-. _ GOA Can Suspect be Identified? ... WRness to the crime? ......... Is Sto�en Properiy Traceable? Crime Scene Rocessed? ..... Photos Taken? ................. Property Turned in? ........... Evidence Turned In? ........... � Yes .❑ No ❑ M2ybe ..... By Whom? � Yictim � Yes . ❑ No . ❑ Witness ❑ Yes. j�] No ❑Police ❑ Yes .� No Vichm/Suspect Relationship: ❑ None ❑ Yes.� No Type � - ❑ Yes . �No ❑ Analysis—Biological � Frgerprints ❑ Analysis—Narcotic ❑ ttems to be Printed No ❑ Other Bias/Hate Crime? ❑ Yes � No Bias Motivation: \" ❑ Age ❑ EthnicityiNationai Origin ❑ Handicap ❑ Racial ❑ Religious [} Sexuat ❑ Other � t C ` , lJ" 1 � r., W � o.,,.,, o � Form L�ft With Victim . � PROPERTY LOSS / PROPERTY DAMAGED �:�.. �� qdditional r�zces s^: !kr: • � " �- �. - .. -� . ' 9� ay i � " • - 9� ayi i AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION I I hereby a;nhonze ,he release of any antl all requested medical informa4on to the St. Paul Police Department. including copies or photostats of inedicai recortls conceming my treatment. , Date ��. Signature (Patient, Parent or Guardian) Pztient: Attending Physician: . D.O.B. Daytime Phone #: Address: Arresi Number Last Name First Atltlress Age Sez Race Assisting Officer: Emp. No.: porting Oft Report Reviewed By �,�,F p. N O.T. _ � '�.�6�E/ ❑Yes ❑No z� -� � � Q � i .� � �� Page 5 __,_ ' . .� .ay V'c::r. 'a:e Year � -j?-9r , Class. acz!;cn c; Call: .�-ie 3 Gate ot Cccc: r_oce- ��_ Occurred A; Se!ween� Conc:aman"s (Las2, FirsL M' dL �� /�I;� • ' --- `^J'_C� �_ -_-. _ .- GENERALREPORT /.�DU � ".S � ��C�� /,J !.1., TO L� hrs. on �Cj.C_L77_?�C j � L" �T 4, � I Lowtion of Crim�'Scene: � Bus. Phone and hrs, on , Dispasition: J Records i t Crime f..ab ,�,��.c � Crime lab Lod Property Room �c_ �` �4=--,� .�l��,�� 7� � �� /� 9� �L wo�-�c� D �-- .8..�f .�� ,�D -7lyd L'�9--f� l�rh�v�� z 7r c�,.rl��v� �^�, ��.4-uE , --� �-'� �- .c��— ,�-�� /� .��- sa �� 1.�,� m-�- , �'�- f < i�,� l� � � �r .�.�� 1G ' v�� ,d�,r . �,ti � �L, '�o r �utr�- � %�x.� � �-� l�C> �t � : � .� .L . �e yf , Z f ,1 �ru. �. ��.<, �-,� c9 ��" V�' e-�.v.�4..-L e.l-e /�-l��/�s�- C'.L°��su. �.�,,tr.'� �rca �� r � D� f�.z � 1'��Sl, ✓�C ��..�t u� i// `� r� -,�.¢.�-2_ ,�---vC G=�, , ��-C_ �f��- �e�v� � �tof .,S�Iv � � �^ .L,z.�/li>.� c-� y=s�-�er,• �„� � -- Gf `i�.A��- c/� G u-r.�f o 1� /�/l ,� K� �!�lcLr1 ,� t � � I �.�/ �t- �LI � GC� (�J I'Lb� 7�D rLcGGT Gfi0ic1�.. � t i i v /�—.j' i`�.c. G 1�. `rt.. ,'..�� Gt� �c� � �f rs c wv r�� resa�.f,-v�-1, f-�i � c,9� .t�� ou� .4-f .�/� � o c.L v� .l , 7 � , j �.I ��f-�L,'r � �t�c...� u�.!/ ✓�i�. � �.-�; L d/aa kv�, � o,zua�.� , ��.�� G i` o �c..�� . � O cu.v � r-/ ��gve. � �.�� ofr��: c � � QYes � No I I ❑ CHF ❑ Hom ❑ Rob ❑ Juv � Coord ❑ ID ❑ Lab ❑ Fec ❑ Team ❑ Sex ❑ RpV ❑ Other ❑ D/C � Burg j=j Thett ❑ Prop I 1 CAU � F8F [� quto Q DAO ❑ CO � HumServ � -�, \ � No.: PM 621•92R O� � � � u- �� O .,��.' ." ._-'-- _ 9�—a�� Q�-; � 2 r f �v wv� �` ov�- LfJee,� e�,� ✓� �`� C '��r,v; r� . Oh- S� -f� ,v,� � su��-�Q � �-�e.�s �� rs , �,�o z � �� o � �c - ��- . � �� . �-��.. �.�w� T�c.. 9— � S— � y A�- � f�.�,fG D G ,• �-�, ,•1 •� �- T r� ��-� , � �,�,,.�, /��`�-re�$ �-� � L�lw� �-� f�,� �i�..� � �v�r� vLLe�-�cr�f � � .f� /�� !� ��'�, _ i•,�ts G �.� 7� ��i �t.�-�. t�� /v33 ,E�e,9 �. r� � /! /� �c- ; .1. �o� �tc.A.� �v`!� /'� C. 7`kl�t T�`a��-� Cc� /�- A-� � � f�9 /�- /Ll e� � e rf' � �-- �,Q ;r �.c��.-� �v /� // ,�f}o T�i.,� l�6�0 . z ��-1/-e.� � � sQ��f �v �fr,s� � -e r- � �_ ��o fr�-,� �v �Q•'w c�1'. J h.dr l f} �7�' 7�"�.- �Q I'�G�- -t,N S /�`�- �'.f.,�i /� ��J U �'' � � !� �� ! � � 7 7 �'K� � ` ��'� • - �c_� �� .¢/1 �d,r , . a o vcc e�._- , �-c.�,,J' f� t- �G� r�r ,�% _ � ��. �� - ��e �-- • :Z'.� �G� ��- ��/� � ��-�- � �ic�u.� fi'..� �� /Lv �v l, c e. _ D J` � c�. l�`� � � � s e� fi'�.-� /j'1.,�'� 1 �� .�- ..� � � ��l �-t-s ,-� �'� � �.r��,�.�n�, 9 `� a _ G� ,`� Fo��-� v 1� �'.c�:�'- �4-�-� ��4- /�l � l�,�f � `��o. •vvf c�,r� � � �v.�l.� �-�.-� -��-- �`�� l � � �'- /,�� -�-�' �� - �' � 1�� ..� � /r, y � . . , , —� . °_� - • °�- - - -- - 9!� �?y l .�. , . �n.. � ' :.L l�C Lr!.�fl : ��G� ` � SUPPLEMENTAL REPORT � CONTINUATION C�: � OP.IGUAI nEPORT SUPPL�MENTAL REPORT u Date 8 Time of Report Offense/incdent: � i Tez�n:� Time of Artest �- i3-_�s ( .�w€o �� f��;�, �� . �� 2v �-t--�_ �L ��4-/�.� � � .C-l�.� ��v.� «t « �� `�- C U�- 7-10 - �i.1 � �'�c,1�r..��c..L �t-`L �(,�� ...c��e�.� �Q U �r�l�-t-f � � �r�ou-..(' Li� �tv� �es�� rLr P��. �-e�' S d f �� !�1 1, .6�a � �� f �- � � �� .�� '' ,� 'y " � ,.� -, w � oo ��c � ,e. �/ T 2c....�' ��; v� �J�Ob/� w,�t�.. /��/,�c� , .L /r /�V s� ��. .%`"i G !�U i � �iG P � i_,_.r /� -� �� -e- r�s�.L.s �f� e. � �=��, � � �v w , � f� �- �Iy.s��:� � � rv� o� "1t� e-� �t�/-�,l � �- �f� �/ _ / � �..��.� .1'�i�..._.� �•:f �'�- d�v� ...f'/.r �� .� 1� c�- �'}-t�...� U.t C-Zf.c—�/�� . .Z'�-c. �vv � Ju.Q � w �;��c. `J�r,lowf Glr�-c. � �µ e��I � S� 1�..(�� 9� �to e� �tiv � L�h' / �n � w� � ,� f .��l. • � e;� t'.^,;�;a � ?. /77i�/l�/ 'f f�f GlJl�:e�.� � N-'GLC.cy� � Ov`�y� /�f.fGG!'�/�� 1 y� / �L / / � ! K C��4....� �rC..s �f .:'tZ r !/I/' T/�/L� !J� -�jU� �! L �/C!/�u-4f{ � ti� J� J , � 4 /- � � ;� L��.�r � � �� v�; K,� �V �- �- �� s4L,-�.r "il�o„� �� .v� ti� `p� �1� � _ "/..lo w-.S'/.r,t�( " �..r�Q � c;� �/�� ✓l�v� - - � G: lX�:/'cati �2 �.1`J'o --�..-- Report Reviewed ByNnit Commander. Emp. No.: O.T.: TypisC R.O.: Code: Name Enty. ❑Yes � No ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ LaD ❑ Rea ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C ❑ Burg ❑ Thelt � Prop Q CAU ❑ F&F 0 Auto ❑ ono ❑ CA � HumServ � Type PM G22-93fl '� . j1 -�, �- -�� ' - � ��_ r�... �% ri_ � .� .� - . -. � ,' 9� - dy i �� ....�.��- ,�� G �� `�� 2 cc� /rLL , r-c� LL r� 9 - ir �y . �- � ��90 � �T G-6-7:� G.) �yt ;1c��,�� b T s-3i-79 � � �� VLf.;w� Tu. .I�-� 12-.�1-�6 �� ,��-- � ��,� �- zv-7y ��) - rr�k f - T�,q,�,J� ti�� z-��- ��f /D.) V u Nv� /.��; 9-2v-7.r 1=v r-u�c,� V. G.3 . r� �; ,s-1 �v�-� e� �_ �Gi,eu- � �q-t� � ��v�o X . � o v - t��. � � wr �-� �; �� .�-1�.� w �� -� �,�� e � � ' I "` � r J �-/ �U LC-n . / / v j �'I. 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J J J J � J J J T � ? � N N N N PG�PP ecaeas G G p O O O O P � P P U Win N N N � d'm v � TTL£ZbZZT9T:01 � J K 0 � � Z Z d'K K J J J m m m W J J J 1 J J } j � sss m o� a� Q O O P O q P P P O p O r N �O s � s� � $ � U W O u Y � O � Z a � w n 2 Y U1J O O } la O a� � � S N � � h � W � Z W � { O � M m 3 Q < W Yi N W O[ 0 �o J 2� � s t�v Y u rc x M W N � � � U � N n 'E x N � � � s � O u P O � M � r N N Q w u Y � 3 Y O 3 �F 2 w C � Z N � V f � � Q O Q � w Q K � 1 � 3 C N V � � N v 0'. N w ti N � � N ti � A � O Q N � } N f E N � � S� U � N � P Z � Y W N O m J � 4 F s S x � 0 W } P 4 O v � Xd� FfJINOr:Wd2! z� 1 J i f FA3 08111312��15625 EASTERLY LAVY PO1 y� ay� JAMES G EASTERLY A�rronKax nr Inw • 915 Gtaii► �'xchanB� B�d'°8 qp0 SontL Four[h Sue� Minneepotis. Mtnnesota Ssa�S (6l2) 333-7BS8/F�.Y DATE: T0: P'IRM/COMPANY: FACSIMILE NO.: TELEPHONE NO.: FROM: CONIl`SENTS : � �so � u ; .� :.• •�.,,, �/ - /� - S{ TzME: /�� a.m./�-x�: .�/.y.d�y �a�RSo.r l' /r Lov.vcic .I'��c.Qc� T�y ��,,� � 2�b-8 � ��rz � 2G�-B'S �r LC r �� c • c�.�ri�'�c.�rio.1/ d/� CvuN�/c crAR/yCr � �otG.oc./S. �� -'CO �d t> v ,�' F}G- ToD9Y'r e F.vsc� ��°Pc� cftTl �-� THTS I+'AC6IMILE CONSZSTS OF PAGE(S) INCLUDING THE COVER PAGE. TELEPHO E AHOVE AS SOON AS POSSIBLE�LETE� PLEASE CTLL THE This facsimile contains conYidential information intended only for the use of.the addressee(s) r� If contain infosmation that is legally P not Ehe addressee, or the person responsible for delivering it to the addressee, you aze hereby notified that reading, disseminating, distributing or copyinq this facsimile is strictly prohibited. If you have received this facsimile by mistake, please notify our office immediately. 2hank you. • (macros\fax.sht] FA.1 081113124315625 EASTERLY LAH' P02 9� a�� . JAMES C. EASTERLY ArmxtaEV nr LnW 413 Clrain Exchangc Buil4ing 400 South Pourth Strcct Mumcapolis, MinnuoW 55415 (6l2J 333-7888 / FAX 344-l2S3 November 14, 1995 TO: St Paul City Council Jerry Slakey Dave thune Mike Harris Roberta Megard Janice t�Pttman Marie Crimm Dino Guerin VIA: Nancy Anderson, Assistant Council Secretary 310 City Ha12 15 W. Kellogg 81vd St PAlll MN 55102 RE: NOVEMBER 15, 1995 COUNCIL HEARING CORRECTION/CLARIFICATION OF ACENDII ITEM #50 CLASS III (CABARET LI(:ENSr:) APPLICATION CAFE KARAOKE DU '1'HANH� 1275 UNIVERS2TY AVE, W• . Honorable Councilmembers: 1. Please take note that license applicants, in a joint statement dated OCtober "I0, 1995, agreed tv admit to those allegations contained in the attached September 29, "1995 letter from Assista:�t St Paul City Attorney Phillip Lsic) K. Miller to the exteriL Lhat those allegations are founded upon accurate, ver3Pied polic;e repnrts, cOpies of which are presented to our attorney of record, James C. Easterly, at least one week prior to November 1, 7995 hearing of our cabaret license application..._" Duong Dai Phan, now the sole license applicant, wishes to make Cle3r at this hearing, by direcl reterence to accurate and relevant poliCe z'eports admitted into evidence, that he hds committed no �rime or violation of any law that woul@ warrant denying him license to operate his Karaoke Cafe Do Thanh as provide8 under the St Pdul Code. (That is to say, the applicant x'eadily welcomes any and a12 accurate and relevant police reports presented as a9reed above; but applicant readily contests any and all alleyaL•ions of crimes, misconduct or ot fostering crimes or mi�cunduct that are not well founded upon that evidence.l 2. Please take note that the description of the above referenced license hearing contained in the City Atluiney's October �S, 'l995 • NOTICE OF HEARZNG circulated to Councilmembers and other addressees incOrrectly (or, at least, ambiquously) states in bold prir�L that thiS an "Uncontested License Hearing." FAb 081113124J15625 EA5TERLY LAW 9 � _ ay � P03 • Tt should be understood by Councilmembers as well as all other pd=ti�$ in this actioii lhat all Class III liccnse applications mus1: be presented to the City Council for appzoval in accoraance wiLh St Paul Legislative Code § 3�0 and applicable ensuing sections of that code. After the license application at issue here had been scheduled for consideration at the C�uti�il's September 27 hearing, the Offic¢ o£ License and Inspection canceled the hearing of this application on or about September 27, 1995, after consulting reports and zecommendations submitted to the License Uffice by the Special InveStigation Unit of the St Paul Police uepartment. On September 29, 7995, the City Attorney advised applicants that the City License Office had received "information that could lead to adverse against you," and asked if applicants preferred to dispute thdt information at an evidentiary hearing befvze an ac]ministrativB law judqe (ALJ); or prePerred t� ��oceed with hearing of that infoxmation at next regularly scheduled Council meetiag. Applicants replied to the City Attorney via a letter from their Coun,5e1 flated october 6�1995 as follows: Applicants prefer to proceed with their license • ap�liCation befure the Ci�y Council at the earliest opportunity. They do not deny that they called for police assistance a2luded to in your Seplembe= 29, 1995 lettcr; however, I � expect ou to �r,�tP thP a��rnPn.ti.c:it,y, ma eriality and relevance (emphasis added] of those r�pv�ts - t - Fi - ey are going to be presented to Council. £or the purpose of objecting to license approvai. 3. Plcasc take note that Duong nai Phan, a St Paul businessman who OWns and operates the Karaoke Music Center at 422 University Avenue, /{10, is now the Sole owner of the Cafe Karaoke Uo Thanh and the only person now under consideration for license approval by this Council. Respectfuly submitted, �.+�� p�� 7 1 � � James C_ �asterly Attached: Statement of Don Luan Nguyen, relinguishinq his limited interest in Cafe Karaoke Do Thanh to uuong Dai Phari. • c: City Attorney � FAX 081115124315625 EASTERLY LAN' T0: City UP S� Peul OPfiae pf Licenae and Inspectiona 350 9t Peter 9t (8te 300) St PAU�,� MN 55�02 sTAT��iT 0�' DON LUAN NGUYfiN 1)IBCLAZMINO HIiY �WNIiR�DZP OR I2iTRaE82` iN G�a t�+ox� no 'rrv� LOt.a�l'7LD �T I2� UNIY6RLf�TY 11VL� 8T PRUL� J7I�N15BOTA • as rqp�tnmendation. 9 �'�y� PO4 I, Don vuan Nguyan, afPirm that z have on thie dny, Nov�mber 10, 1995� sol�inyuiahed arly and all os+nerehip� menAgomonk and a21 o�hor iriGAY8f1CB it1 t?10 C&fe Karaoke Uo Than1� bua3neas ventui'tl lut�CtlQd g� 1�7'6 Univaxbity Av�nue in St Paul, Minneeota that T had initially 4nCCred into (�o a SimitBd pertner) with Duong riai Pt�n=1 vL Oe�ki'lale, Mi»negCta. Z regre� tttiis decision in aa !ar as I believe �hat the C�fo ICRrdOke I)u 1'tian23 wvuld be butlt O�+OPU and �iroaperoua businosd e4: t6at loCt�tionr but Ch0 licenging ordeal han UVnsuncad 1.�� much oP my t1ra8 binh lcaraoke CalC�li1eR03emea0,ctCaliLornia"�TticLLR2i�119rrifhs DepC (YeCifil tnvestigations sureAU/Lice»�ae netaill on 5epi:ambcr 6, 1885r Ydaornmonded apprdval ot my eafo enYer�ainmenL peru�it, +��1�1 the x msttd City Managar on Septambor 2�, �995 concurred with tttx�� _��,' o; Elin Skinner Midw�y Chainber st rau7�, r+N of Commerce � 3365 wainut azo�s ��o, na RUSG��'4��r GA 8320 (g}g) g72�8320 FAX 081113124J15625 EASTERLY LA4f PO5 �� a4, � � JAMES C. EASiERLY p7 aT Lnw 915 �rain Ezchangc Buiiding 400 Sonth Fourth Strcet Minncapolis, Minnesota 55415 (611) 333-7t7�1tJ /FAX 349-lISS November '13, 1995 Philip K. Miller Assistant City Attorney 400 City llall 15 W Keilogg Blvd St Pt�ul� MN 55102 Re: Don Nguyen an Duong Dai Phan's Cafe Raraoke Do Thanh yicense Application No- 1T779 File No. G950386 Dear Mr. Mi11er: Please find enclosed a copy of Don Nguyen's statement addressed to the City of St Paul t,icense and Inspection Of£ice af£irming that he has relinquished any and all ownership or interest in the above referenced cafe. • As Duong Dai Phan is now sole owner, proprietor and man8ger of tk�e Cafe Karaoke Do Thanh and the sole license applicant in this matter, all references to Don Nguyen should be stricken from =ecords and discussion in the pending license application and related proceedings. Yours very truly, c � James C. Easterly Counsel for License App2icant Duonq Dai Phan Bnclosure c: City of St Paul, Office of License and Inspections � v�-a�� JnMES C. Ens'rEFU.Y ATCORNEY AT LAW 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 (612) 333-7888 / FiLY 344-1255 November 1, '1995 MEMORANDUM RECONA�NDING BUSINESS LICENSE CONFIRMATION/APPROVAL TO: St Paul City Council Jerry Blakey Dave Thune Mike Harris Roberta Megard Janice Rettman Marie Grimm Dino Guerin RE: Business licensing of Duong Dai Phan and Don Luan Nguyen dba Cafe Karaoke Do Thanh (located at 1275 University Ave W) License Application Number 17719 Honorable Councilmembers: This memorandum presents a background/chronology of events leading up to this license hearing; confirms Petitioners' full compliance with both the spirit and letter of applicable licensing requirements set out in the St Paul Legislative Code (§§ 310, 411, 426, et seq.); and establishes goodwill, moral integrity and fitness to operate a Vietnamese Karaoke-Cafe business in this city in acoordance with applicable codes intended to protect the rights, health, safety and welfare of the people in this city. BACKGRODND/CHRONOLOGY OF EVENTS 1. On April 10, 1995, the St Paul Board of Zoning Appeals approved the request of Duong Dai Phan and Don Luan Nguyen (Petitioners) to open a karaoke cafe business at 1275 University Ave, a site formerly zoned for retail business. EXHIBIT 1. 2. On May 17, 1995, Petitioners duly submitted their CLASS III LICENSE APPLICATION to the City�s Office of License, Inspection and Environmental Protection (EXHIBIT 2), and on May 19, 1995 received what they believed to be written authorization to commence business beginning July 1, 1995, as the document states "License effective from 07/01/95 to 03/31/96. EXHIBIT 3. 3. The Minnesota Degartment of Revenue in coordination with the City of St Paul also notified s in May that quarterly city and state sales and use taxes, and annual partnership tax would be due and payable on July 1, 1995. Petitioners have already paid to the city. Applicants have already paid to date $1700 in taxes. EXHIBIT 4. 4�-ayi 4. Acting upon the above notices, Petitioners entered into a five-year lease (Irving T. Margolis, lessor), began monthly rental payments in the amount $2000/month effective 01/07/1995, and opened for business on July 7, 1995, following substantial expenditures and a one week delay for remodelling pursuant to code. 5. On August 15, 1995, the St Paul Office of License, Inspections and Environmental Protection sent a letter to Petitioners advising them that they were "not authorized to conduct a cabaret, restaurant, or cigarette sales (or any other licensable activity) at the aforementioned location." EXHIBIT 5. 6. On August 16, 1995, representatives of the License Office met with Petitioners and acknowledged granting of restaurant and cigarette license, but said that there should be "no-entertainment [and] no-music until approved by City Council." EHHIBIT 5(penned into margin of City's August 15, 1995 letter). 7. On August 17, 1995, the City License Office sent a follow-up letter (EXHIBIT 6) to Petitioners advising them: The Office of License, Inspections, and Environmental Protection has approved your cigarette and restaurant licenses. At this time, you are authorized to conduct cigarette and food sales in accordance with your license applications. However, the cabaret license has not yet been approved by the Saint Paul City Council.... [See EXHIBIT 6] 8. On August 30, 1995, the City License Office sent yet another letter (EXHIBIT 7) to Petitioners advising them A hearing on your application for a Cigarette, Restaurant-C and Cabaret-A License(s) ID #17719, located at 1275 University Avenue West, will be held before the Saint Paul City Council on September 27.... [See EXHIBIT �] 9. After receiving the August 30, 1995 letter, Petitioners became bewildered and were advised by a City of St Paul Asian community advisor to seek legal assistance, and they were referred to me. 10. On September 27, 1995, at 3:15 p.m., Petitioners and I went to the City Council Chambers and were informed only after inquiring with the secretary in Room 310 that the hearinq was not on the agenda. I asked for an explanation and was referred to the License Office Director Bob Kessler, who informed me that Petitioners' hearing had been canceled because the City had recently decided, 9��-ay� after conferring with the Police Department, to recommend denial o£ the license; and, therefore the matter could not be heard until Petitioners were advised by the City Attorney of the "adverse action" being taken. 11. On September 29, 1995, the St Paul City Attorney sent Petitioners letter advising them that "adverse action" may be taken against them based upon allegations set out in that letter. The letter concluded by offering Petitioners the choice of an evidentiary hearing or an appearance before the Council without contesting evidence produced to substantiate the City (Police Department's) recommendation that entertainment license be denied and perhaps current licenses revoked. EXHIBIT 8 12. On October 6 and October 10, 1995, Petitioners replied to City Attorney's September 29 letter, including a Joint Statement by Petitioners expressing their willingness to waive an evidentiary hearing and to go before the City Council and accept any allegations presented against them "to the extent that those allegations are founded upon accurate, verified police reports." EXHIBIT 9. 13. On October 18, 1995, License Director Bob Kessler advised me by telephone that he could not schedule above referenced hearing before City Council until he received in writing Petitions' election to waive an evidentiary hearing and prpceed with hearing before City Council on the basis of available evidence. I responded by faxing to Bob Kessler same day the letters and statement sent to City Attorney, cited in Para 12, above. EXHIBIT 10. 14. On October 18, 1995, City Attorney faxed and mailed NOTICE OF COUNCIL HEARING scheduled for November 1, along with a statement of "Violation," recommendation of license denial and supporting documents including a copy of his September 29, 1995 letter advising of adverse action and copies of St Paul and Rosemead, CA (LOS Angeles Sheriff's Department, LASD) police reports. EXHIBIT 11. EXAMINATION OF ALL AVAILABLE EVIDENCE 15. It is Petitioners' earnest desire and hope that Councilmembers will scrutinize all evidence presented in this matter. 15. The license record print-out on the third page of the City Attorney's Notice (EXHIBIT 11) seems to confirm that the relevant licenses (Cigarette, Restaurant and Cabaret) have already been issued and are due to expire on 3/31/96. 16. The licensing code requires that applicants disclose "any crime or other offense" for which they have been either arrested or convicted; and disclose any license revocations or suspensions in St Paul or elsewhere (See, for example, § 426.05). Petitioners �l��dyt have no criminal record whatsoever; nor have they ever had a business license suspended or revoked. Nevertheless, the SPPD has labored to produce "police reports" that indicate, however remotely, that the police in St Paul and in Rosemead, CA, have been called regarding "incidents" at the addresses of Petitioners' businesses. Such strenuous reaching by the SPPD to inculpate Petitioners is misleading to the Council, at best, and falsely incriminating of Petitioners, at worst. A. City's £irst police report exhibit o££ered into evidence by the City is a 7-17-95 SPPD record (CN 95-103-929) of a domestic quarrel on the street involving a Vietnamese woman waiting for transportation and her accosting husband, neither of whom were even patrons of Petitioners' cafe. EX 11. B. The second exhibit offered by City is the 7-13-95 report (CN 95-101-450) oP SPPD Officer Tim Gilkison, who monitored the Cafe following its July 7 opening. Officer Gilkinson has been subpoenaed to this hearing to further elaborate on his observations in that report pertaining to Vietnamese gang activity in the Twin Cities. C. The third City exhibit, an Aug 2, 1995 dispatch history print-out from Rosemead, CA (LASD) purports to list incidents for which police were dispatched to Petitioner pon Nguyen�s Binh Minh Cafe address at 3365 Walnut Grove Ave in Rosemead; but it is particularly misleading in view of the fact that Don Nguyen�s cafe did not open until April, 1994. Only a fraction of the dispatches listed were to his cafe, and those were mainly requested by him to ID and arrest troublesome gang activity. D. The fourth City exhibit, a report by LASD investigator Steve Willkomm dated 11/21/94, states the requirement for an entertainment license which was later approved on the recommendation of Officer Willkomm, himself (with conditions as those applied to approval of Petitioner Duong Phan's Cafe Thien Nga license as shown in EXHIBIT 13). See EXHIBIT 12. E. Ttse fifth City exhibit, a 5-page report from LASD, describes a series of extortion actions reported by Petitioner pon Nguyen £rom the Binh Minh Cafe where he was the victim. F. The sixth City exhibit is a call log summary of police dispatches purportedly to the Thien Nga Cafe operated by Petitioner Duong Phan in Rosemead, CA. Again, the exhibit grossly misrepresents incidents involving Petitioner because practically all the dispatches listed were to the La Rose Cafe business that succeeded Petitioner's business, the Thien Nga, at the same address on February 10, 1993. See copy of Petitioner Duong Phan's license � approval and bill of sale, EXHIBIT 13. 17. On October 27, 1995, I faxed a letter (EXHIBIT 14) to Officer 9�-ay� Steve Willkomm, the LASD investigator who was assigned responsibility for monitoring Petitioners' karaoke cafes in Rosemead, CA and requested his recommendation regarding the Binh Minh entertainment license request and any additional information he could offer regarding fitness of Petitioners to operate karaoke cafes. A copy o£ his faxed recommendation is shown in EXHIBIT 12 CONCLU5ION AND REQUEST There is no evidence to show that Petitioners are in any way unqualified for entertainment license and other licenses required by City Code to operate their business, Cafe Karaoke Do Thanh. There is no reason to suspect that gang activity pose problems at Petitioners' karaoke than anywhere else. The Hmong community enjoys karaoke entertainment at the Fantasia Club located at Rice and Larpenter. Many other St Paulites enjoy karaoke entertainment throughout the City. To deny karaoke entertainment to these Vietnamese applicants is strongly indicative of an ethnic bias prohibited by St Paul Code §§ 183.01 - 183.02 (20) pertaining to City discrimination in licensing businesses. Petitioners are earnest business people with a demonstrated commitment to compliance with the law cooperation with police. The police department, on the other hand, has its hands full in monitoring and preventing increasing gang activity throughout the City, state and country_ Petitioners have shown themselves to be law abiding citizens who can be expected to help crime prevention efforts of the police and the City. We should not be tempted, in our haste to block criminal activity, to accuse people of status crimes in violation of our City Code and State and Federal constitutions. Gangs may assemble on skyways, at retail stores, at convenience stores, hot dog stands or even at the YMCA. To prohibit a legitimate business with distinct multi-cultural appeal, such as karaoke ca£e, from being operated only by Vietnamese proprietors, is a constitutionally suspect City decision_ Yours very truly, James C. Easterly 15 EXHIBITS 9�-ay� EXHIBITS 1. St Paul Zoning Board' April 10, 1995 approval of Petitioners' business 2. Class III License Application 3. Notice by City of St Paul that Cigarette, Restaurant (C) and Cabaret (A) license effective �7/01(95 to Q3/31/96 4. Tax Notice and receipts of payment for first business guarter 5. Aug 15, 95 letter from City of St Paul License Office 6. Aug 17, 95 letter from City of St Paul License Office approving cafe license 7. Aug 30, 95 letter from City of St Paul License Office advising Petitioners of Sep 27, 95 Council Hearing 8. Sep 29, 95 letter from SP City Attorney serving notice of possible "adverse action" 9. Petitioners' Oct 6 and 10, 1995 replies to City attorney's letter, waiving evidentiary hearing 10. Petitioners' Oct 18, 95 faxed letter to License Director 11. SP City Attorney's Oct 18, 95 Notice of Council Hearing 12. LA Sheriff's Dept (LASD) Sep 6, 95 recommendation of approval of Petitioner pon Nguyen's Cafe Binh Minh entertainment license, Rosemead, CA.and Sep 27 entertainment license approval by Rosemead CA City Council. 13. Approval of Petitioner Duong Phan's Cafe Thien Nga entertainment license; and 2-10-93 Bill of Sale. 14. Petitioners' attorney�s faxed letter to Officer Steve Willkomm, LASD who monitored Petitioners' karaoke cafes in Rosemead, CA. 15. SPPD call/dispatch log of incidents (Apr-Oct, 95) reported at Arnellia's Bar, Target Store, Midway Pro-BOwl and the new McDOnald�s Restaurant, all in University Ave West vicinity 96 a �/ CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: 9s-oas DATE Aprii 10, 1495 WHEREAS, DUONG PHAN has applied for a variance from the strict application of the provisions of Section 62.103(d)1 of the Saint Paul Legislative Code pertaining to a nine (9) space pazking variance for chanaing 2,100 squaze feet of former retail space into a new restaurant in the B-3 zoning district at 1275 IJNIVERSITY AVE W; and WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public heazing on 04/10/95, pursuant to said appeal in accordance with the requirements of Section 64205 of the Legislative Code; and R'HEREAS, the Saint Paul Board of Zoning P.ppezls bued upor. evidence preseate3 at the public heaing, as substantially reflected in the minutes, made the following findings of fact: The property in question cannot be put to a reuonable use under the strict provisions of the code. This property was originally used for retail businesses and could still be used for a retail business, however thete seems to be a shortage of retail tenants along this portion of University Ave. The applicant has stated that he thinks that this would be a good location for a restaurant and if the vaziance were not graated this space would likely remain vacant. 2. The plight of the land owner is due to circumstances unique to his property, and these circumstances were not created by the land owner. 1'he lack of available retail tenants for this azea is not due to circumstances created by the property owner. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, wmfort, morals and welfaze of the inhabitants of the City of St. Paul. The applicant has stated that he expects the restauxants peak hours of operation to be in the evening after the peak hours of the retail tenant in the building and this will ease the pazking problem. The applicant also states that there aze appazently several other restaurants in this area that are successfully operating without the required off street pazking. 4. The proposed vaziance will not impair an adequate supply of ]ight and air to adjacent property, nor will it alter the essential character of the surroundin� azea or unreasonably diminish established property values within the surrounding azea. 1'here will be no exterior changes to the property other than signage and the surrounding property is also commerciai. 5. The vaziance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the proper[y. A rutaurant is a permitted use in this zoning district. �x � �� 9� -ay I Fi]e �95-045 Page Two 6. Ihe request for variance is riot based primazily on a desire to increase the value or income potential of the pazcel of land. The applicant scates that his desire is to escablish his business in this azea and to take advantage of the vacant retail space. NOW, Tf�REFORE, BE IT RESOLVED, by the Saint Paui Boazd of Zoning Appeals that the provisions of Section 62.103(d)1 be hereby waived to allow a nine (9) space pazking variance for changing 2100 squaze feet of former retaii space into a new restaurant on property located at 1275 LJNIVERSIT'1' AVE W and legally described as Ex the E 20 feet, lot 21 and all of lots 16 tFw 20, Block 32, Syndicate No. 5 Addition.; in accordance with the application for variance and the site plan on file with the Zoning Administrator. MOVED BY : Morton SECONDED BY Bogen IN FAVOR: � AGAINST: o MAILED: April 14, 1995 TIME LIMIT: No order of the Board of Zoning Appeats permitting the erection or alteration of c building or off-street parking facility shall be valid for a period bnger than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board oF Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are fnal subject to appeal to the City Council within ]5 days by anyone aifected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shatl cease untii the City Council has made a Snai determination of the appeal. � �/ 9�-ayi File #95-045 Page Three CERTIF'ICATION: I, the undersigped Secretary to the Board of Zoning Appeals for the CiTy of Saint Paul, Minnesota, do hereby certify t6at T have compared the foregoing copy with the original record in my office; and find the same to be a true and correct copy of said originai and of tLe n•hole thereof, as based on approved minntes oi the Saint Paul Board of Zoning Appeals meeting Beld on April 10, 1995 and on record in the Office of License Inspection and Environmental Protection, 350 SL Peter Street, Suite 300, Saint Pau{, Minnccota. SAINT PAUL BOARD OB ZONING APPEALS Sue Synstegaard Secretary to the Board j (c) ,. . :, DERARTE�EFIT ` ' � . � � VARIA1dCE - ,�,« - .f. . - � " - GTYOFSAINTPAV� - . � � A VARIANCE OF ZONING CODE CHAPT£R_ , S£CTtON ➢ARAGRAPH IS R£DUESTEO IN CONFORMITY W17H THE POWERS VESTED IN THE BOARD OF ZONING A7 - PEA1.S F6 PEAMIT THE ON PROPERTY - DESCR19E� BEIOW. - - - . , _ _ �s ` A. Applitant; MAME: T1iJQiY(`i�F'nA1M (`�0 DAY7fA? F4FR'1i_KG �(�dF^�T1��m•��i� F.OI!E ADDRE55_ i�i R7Ff�:7 I`•t ST p�.�l� + "��R DAYTIME TEIEPHONE NO, fi77� ��ih-1{70$___ ZIP CODE �1?R . . 1• Property in[ereft oi apPlicanL• = lowneq contrxt purcnaser, etc.) DUO�G PP.A�* v 2-__harrieotowner Gtdiflerenq InJI..'G T t�AP.GO & CJ�T AuG�iSTZh'E 8. Property Desttiption: ADORESS CAF'r". UO TiIP. 'n�I'i � 7. Legal des<ripnon: LOT 2. Lot sae: 127j Ugio��"-ITY h�. ST.t.k3L� ?�\ 57128 3 P�rseni Use Present 2om�g D�sc. _ A-3 �_ _— ____�- ___'__ C. P.easons for qepue:t: " � � 1. ProposeC use ` COFFSF Si:OP QTIiH ChEAF,Ei Ei�'fSR'IAIa�ri.'z'.�i. 2. Whac phys�cal charaaenatics o� the oro0erty prevent tts being useC for any o� the permitteO uses m your tp�e? (topogtaphy, sotl ConQitions, S�ie Bnd S�ape of Ip[, ett.) SIZE A:�'D CAPACITY OF PAfiKI:eG LOT. 3. 51ate th� specd¢ variatio� requested, givirg d'y5tantes whe�e appropriate. ^ PAnKIAG LOT SITE H AS ITS 0't;ti 35 SPACES RT TIN� :S, ,�.4:+�;:'r.ILE, SH6Fu A� ALSO PLE:PfY CF PARKING SPACES Fc^:'ti•;IT:ED Ov 2 SID::S CF SURfiOUA'llI�G STRSnTS :tHIC:i IS SUITABLE FOR Th� PEAK TI:� <. Exp�ain how your wse conforms to each ot ihe to�towing: AT SIGh'S & t1C,EKE\ a. That the stric[ application of the provis;ons of the 2oning Ordiance would resuft in peculiar or ez�eptwnal practitai ddiicuities, pr exce0npna� untlue �ardsMps. FCR ^1 RYING TO �t�7i?.:�CE i;� If{AGE A\D ^10 S:icVS TH : COi �.2•N::IiY& CI^lI'Gc::+S O;Q UiIIVERSITY AV6id`Jj' WSST. b. T�at the graming of a rdriance wili noe be a suba�antial deuiment co Dvbtic good or s substanpal imoa;r- ment of the intent and pur0ose of the 2oning Ordlnance. AT TIS��, PARKING ON B�H SIDeS DF SURROUNDI�'G ST� T ARE PsfL'�;ITTED AT hLL TIt� . NOTE: TN7S V�ILL NOT 8E PROCESSED WI7HOUT A COMVLETF SITE PLANI Sgnarure Date Receivea � - ?�d - 9.1� � ��-ay� �6n �Y�w;��. �.�_: .2GC-9d8?=�-. _--:�- � � � t V . __• . % \ t ' _�c1xiC-W�_ c'e '{' Ol'� .�� cf �OnY ` �.�� [�.: � i5 W Kell�� . � IV�t. 1 `� �� ''� � �'� O 0 � � �\ � ^o � � m 1 � zH�� a� z Ov�'iJ� Z�qa Oama QO�f �o �u r >� 0.0 J� � .� � � ❑' 4 � N 1 �m: � ..` i� � � ; 1 I .. ._. j O ; i O I t, Q � .a :� ¢: o� •� LL v� 1 � ! % �� 9�-� y/ ; : .� or�icE oe :�cr.�se, i�sr;_c1:o�s .ti�;� r,vctFO��tir:ra! vxurE.ci�on i:aFti: Fzss(er D:rtJ.. c� o�� s��r P�v�. \`oir.tCn!zm,.��: if,::or l./C6SSE_9\"D !.':SPECTIO.�S 3.iJ S[ Pzltr S>ert So,re i00 S:;�a i'aa1. iLeniz.�r:s - 5%"" APPLICnTION FOR Te!<y.:eae bi2-?Eh-9?00 Fi:, sun��e. 6?2-?66-4!?t CABARET {A}, RESTAURt;DIT (C) kND CIGARETTE LICENSE Lice^s� fee w _ Caba_et (�'?; Re;�a.:_H_� iCi �igare..-� S=�>�t . 00 Si;O.00 a 16 `: • 0 ^ J�� l.,�/ O I./�i�I.SE �fG�LTI V� �Te ,'�► - / - 9� GlG�jS� EjC1�/�t��"rO�tl I�g7� 3- 3r -�G 9 �+�IO,�,•'�'�'s ��t 3 . �o ��' — ��'gJ y.S: Qa /•Z 3 . DO a' a S!• oo f� '�'"�`� O�Z a .�,...dx� s • ,� a . � �t.� . �^ T'��''r��. � 9�,dy� , �'� . . - =-rt . '= ^- .' - ': — �� , _' '- ' -' " - - .=;``-`- ��'.�. _ _ -' � � t • ; 1.nry .�. _ :�_ . .... . - 4 _ ..- ' =-u_ ..-� ....5._.. _. c�. __ _ .-,�e.[..-r.rs-_ti.._xnc.v. � M' y .�..� �..�+SF — T � .t - LY : . - v t ' - . ..3�y � A �L� y i - _" � � `' - 3 � _ • _ _ R.._ .. - r. CLASS -ItI , �cr� oF "sai:sr �avz: �- LICENSE �TPLIC�TIO�' �`��rU«^«, - - saC EmSro�ncr.�a! Prutection . , iV Sc Pecr Sc 5�3�c aA . ' -' c. �•• Fr3 v'�uaa 531:3 . �m.�:�;�x s�{c�, e�;tu - - -;•. -, - :. _ D � --. s• -" _ . - - '- - . Lice�se I. . - . :- . .....--- - -- - -- - - �,.._ ♦ . _ �.. - - -- . _ ... oro:tcevsc�o;,n�) �' ` � —�---'=-- - - � . . ' ,: �_ . -� . � -: . _ : _ _ _ _ _ _ _ _ (t _ - -� . - . _ -. . - -- - - . . _ . . - .. � , � . . , $� '- ,. TH1S AFPL?CA7�IOV IS SL�.T`t i TO REVTE�V BY THE PliBT.:C . ; PLEASE T1=� OR FP.IrT Jti I\7{ - -:.:,:: _ ._.�°`---- °_ �__- - - -- ----- • .,; . __� _- - ---- -- -- - - - - - _ - - - , .. - -- 7 =.� _ _ _ - - _ -..;� _ _ T}pe of Liteae be'v:g applied for: CA3A:;8T � Company Taae: CA:'E X9?,A0:4� :A :Y11':?t . Ccr�n:ioa / Par.r.ership / So1e Prei ricie<G:p - � - - � - - - - s If busi.es; is inGOrpo*zted, g�ce d�te of incorporation: P�GUY3tr' ° t I' ' Pl'.AIvT . � FAii:� : :/0'r::\"s�. Dei�gEusiness.As: CC�'�'r^. S:iCP {wio Lir.unr�5�=�; '�°�;:�"_,,,�_ r:= �''�� ?F.�I?�=943�Phoae: ?v!A' _ BuciIIess n" ddrzss: i 9'j5 [J"tTV � KS7T',' A7_._ "i P" �rr F rt __. 4a:c . Zi � - -� Svat Ad[ress . ��Y . -„ - : � . � - Betu'een u$,C croSs sU�ets is t�e bti ;ess lo.:ated? jv";D�C:n"`± & �RIG�c. � \�'hicS side cf :he <_treet? SGJii% . . � �. Are thc Fremi<_es now ocwpizd? i�'0 \�'h2t T�� of Busir:ess? ' h1ai1 To address: 1� BIRCH L;�'. 0l:iC�ALG bi�d ��5128 - Ci " • Sta;e Z'? - S:rcu AGG:tis 7 - _ - _ . .- - • . • . ,. _- -�_� Applicant I: formetion: T�':�e zod Title• - - - Arst " -- - � Aiiddie (�7ziCcn) � _ ,Ixsc � � Tiilc - ; . Horne AdLreS�: 15 BIRC3 L'.'. QA�DALE , i�"i •-' S5128 - $;:ut A:^.ctss City ' $la:G . ZP ' 11-2C-72 Date oi B'uth: �� L�-F' Place o€ B'u[.`..� V' ;•*k•� Heme Pbone: ( 61 � j�,'.o-?� icA _ Are.�on a citiz:n cf tte Uni:ed Stztes? \'ati•,e? � :datcralized? Y"'� lt you are not a II.S. citizen, )cu must haie Korfi auihoriz�tion from the CiS. immiga &\aturaliaation Senice. Hace you e�et �een cc-•icted of zny fz?ony, crime cr dcl�8on of 2r.y cry ordirance ot6er t��n Ua,�c7 YES � NO � Date of azrzst: ;. Cbuge: � Contitictioa: �� ere? �Sealence•' _ � LiSt t6e names and resi3ences of t?uee persons of good �er:1 c5aracter, liviag xithin t3e Twin Cities hietro Area, noi relate� to tbe 2pplicant oc financially interested in tbe pzemises cr business, wSo may be teieried to as to the applicanCs character: - - v_.. - � - - �°p .. NAhSE-. ..:, _:. ADDRESS - .c .. . .. : . _ HOT'E TFOi.A� J'IOJil 164" SfL`!� Ih�^ �:: 'r'r"'' E'�I^HiC� `T�v . - b=`-�i�C6 : H "'^Z_U - _� - lE%1 �,AY'i�S S^ t� 18...'t�.T'S�4=QLIc vt* � 7R^:�•RnR__ . '":1�V P39V '�J�� 7F.:.T r:J?Q;": A`J. S^ PhUT �''�xr �l.y,'._Q7=.�i _ L'ut lictases which you turrenily 6old, formet:y held, or may heve an ��:eres[ in: � � C�J .. .nc _.:r:q ��.. m., ip�p��:r: -. .^c�^A:?+F rIS��:T.C: fCF. CC?�pg� g?pF �I"'�` Cy ROS�.;�L,HD. �:.A 1) DUF ZJA:i �1 �aro�t�. -DAi �� v ��_�.: ,. ... � �_ �„�A� q� a� t �4 z K . -�r :- r °�-�'��' < : Are )ou going to opeia[a I]us busm�3s p rsoaally' t 1'ES 2�� If�oF, K�hox�il operate;aT � _ _-u _ . � -.,. . . „__.- ._.>_ _ ` ' F:stKa�e-- � ._ - MibLiclr.ititl . . ('�zi::<r.) _ �' "�'° :_ --. .I.�st -.. .��.� .. _� , D::tco(Di�h"` fio,-„c Add:css: S;r.<: Ka-c Cry Are yeu going to �at'e a mz. �ger er usi!�t :a this bui:css? oper;tor; plCace cooiplets_ tfie fe:1o��,g informatioa: ": - - - . Fine \zne . -- - -MiCCie Ir.itizf � - _ (Y.�.er.} . S:z:c Zip PAor,e \cr.�b:z - Y�S :�O Tf [te �•z�zo�r is no[ [�e s�,e �s ihe � � - -- -, _ Home AL6ress: S�ree: K_re G;� � .; _'_.�... �.,:_.. _—_ _. __. .. . . . _ .-.__,�_,_-=_;<.._.,.,_. _ __ . _,-�.____=-.,.-_-,; Pte�e list }•eu emplo}u.ent history fer tye prz�,5ous i��e (� ;'ear period: Su�e Zp Yho, \anLer Busieess/Emrla��er.t . - Addrezs = _ 2} iX '{,P,Re1G�� :�?JSTC C:t;:c.: FebTOZ _, 4?� L'Cl^+'��I'P� A''� = 10 =T PA'�t _,d r� C'FF 'CA�qO'�: "iiT�'�: ••�'A Jnl �QC.- iar��z 97�;7 '� VAT.TFY ntU' � 1f�F R(`S:'.'i+'Ari CA. 1! ChF�S KACOGE �'\'- `'7V� '''� `ia.. ?�E� 1':�sl\r.ii G?OVb: �7�� F Pn�'n?.I�:P_T}�. �� Lit a11 ot3er oificers o( tte corpw;tioa: _:. OFFSCER ' TITLE 1?O\tE ;+ADSE (OEfice Hetd) �.ADRESS }i0'�4E FF�O�E BtiSi\'F_SS PHOKE . < _ � _: DATE OF S:R7H IEb��<iness's a partcer;hip, please ic:•u3a the fo?1�wing i*. for eath partner (•.ue additional pages if necessary): ? � .JO'� L't � ► Y � - iT(`P!V^\ 11 _9(�...72 i:rst \;;r,c '�!i6Eie .nit;�l (,�ziden) I�si - - " - D:te of E�r,h �., a :i oR 7�z��A � � 9l �s,:'i S `T C'dX� '�'� Her..e.4Gd:ess: S;r.ct \a7e C.y Stxte Zip Ynone I�umDer �� J't I;�I - �� Q—A— �� s f'irst �ame b2i3C:e tn��isl (:.:=i3en) Lst Da;e of Biah 1`J BIP^ct I�; O�F�DSI � '�ti �v�I��_� Rome Adlress: S;rcct \zme Gy S:a:c Zp Fhone Kambcc Attach !o th[s application: ' ' 1) A deL,ited desuiptioa of the design, location and square fuotage of t�e premises Eo be licensed (site plan). ; 2) A copy of yo;�r lezse 2gmeoent or proct u[ ewnFrsSip cC t6e propert;. . _ A.'�1' FAISIFICATIO\ OF A.\S�iERS GI1�E:�' OR b�TERI.4L SUB'�1ITfED = . ti�1LL RECULT IY DE\LlL OF THIS .:PPLiC.�TiO:d " - I beseby staTe under ozth th2t I�a�•o ans�'ered all of tLe cbove questions, znd tbat the informalion caataine3 hereia u true �nd °. correct to the best of my knowledge wd belief. I bereby :tate fiuther wder oath that I ha�•e reccived no mooey or oi�er ._ cousiduatioa, by w'ay of Ioaa, gift, co�iribution, or otheruise, otber thzn zlready disr]osed in the app&cztion w�ich I bezev.3tfi �;�; svbmitled. � - , Subscribed and sworn 2o before tae tfiis _ _ � day of 19 _ .-- . .. ., �. .�.. ,r+,+ .S -/�- Signature of Applicant _ Date '_'�_ C,� �� JEOPARDIZE�OR DELAY T8E PROCESSING OF YOCR LICENSE I6SOANCE OR � � �N��+ �PLZCATION.�, .. � . - 9� ay!_> ..`_��."'°'3""` � --,� , �MZNNESOTA `TAX IDENTIFICATION NUMBEF2 �""�'' ��` s ,.- - � , _� ,� � _- s."_ - __ _ = - - '' ' -- = a <=_. Pursuant" to,the _I,aws.:.of, Minnesota; 1984, Chapter 502, Articie 8,_ �„ ' � �' ° Section 2 {2�0� 72) (TaX C2earanca; Issuance �of Licenses) , " - " _ licensing authorities are required to provide to the State of - _ Mi�nesota Cos^�tissioner af Revenue, the Minnesota bssiness tax identification nur:,ber an3 the social security number of eacin �_ '; '=<: :license apPlicant. _. _ _ - - �.:. _ -- °-`.,. _ Under:�the Minnesota Gavernment Data PractiCes Act and the Fe@era2 - '\_,_-_" _-,Privacy Act.of 1974, ire_are required to advise you of the -- -- _ � following regerding the use of this infor.nation: ,: _____.__ j __ _?) :. ._Thxs information_ nay be used_to deny_the_issuance_.,_ ,,,__,,;._ , or renewal of your in the event you owe " Minnesota sales, employer's withholding or motor vehicle excise taxes; �. �._ 2) Upon receiving this infcrr,iation, the Zicensing authority will supply it only to the Minnesota Department of Revenue. However, under the fiederal . Exchange of Information F.qreement, the Department _ of Revenue may supply this information to the Internal Reve�ue Service. , - �. . - - - - _ -Minnesota Tax'Identification Nuabers (Sales & Use Tax Number) may ' be obtained from-the State of Minnesota - Business Records Departaent - 10 River Park Plaza. Phone: 29b-6281. � .. � .. 1) i1GUYdiv `? � F F'A 3. Applicant's Last Nam< � 15 aIRC?i bid. - - � Applicant's Addre�s �. 1) 5�i7-95-6i53 , '; 5`�6-:'-6598 App2icant's Social Se :1v:� LU&_; AI3, bit� 551%8 (612)73� , State, Z�.p Code- Phc Pe' 3^1 iv �:�/C?li�:,R PA =i'.rd �/Q'.ti?3�;R �sition (Officer, Partner, CAF�: IfARACvF DO ?�Hh;�"' Business Name 1?75 �via��car_�v arr. ness Address , ��a��, H Minnesota Tax ZdentiPication Nuaber: 2:;56188 �_ (If a Minnesota Tax Identification Number is_not required for the business being operated, indicate so by placing an ��X" in the _ box. ) _ . _ �� . ._ � _ �� . , � Signature Date f. • � - - ,. . _ . -..," -.... . , .. . _ � � � -------- ' � ' .53. Fni;i, .... :j1Q4 -,� ? RESTALTRA2v�' CLASSII�7Cr?,TIOIr . 6 -a y / � . . . .. .:. „ ., . _. .. . ,� - - — - ._..:.: - _ --_- - - • �-,�.. - - i - - - _ _ �. =Y-<-.,` �;:{�. _ ,X ¢ _ S - _� �`'°2 - �': I6 - C-� .- _� '3�J"-5" - Ici orde"r for the Zoning Adrriinistrator to�deternine t};e`classification of your restauranf'and. to .._:::�. �_-y> expedite your app?icatio�, chis form must be filled out and subinitted with a:fioor pIan and � seating plan fully dimensicmed and drac,�n to s�zle before zn applicatiea for a restaurant license �a�iil be accepteci. \�.: . BUSINESS ADDRFSS 1275 v��v��^s:^ a s� pc ;;� 5z r� - --- �' " _ " - - - - $U$II�'ESS T1r1I�AGER D'JC`:3 D P: r..� Ys DCl L'1A_i _;:.�'i'%? : . .__� . _. � . �_:;._:.,_._.._�, _.__--- -' �: -_- - - - "_— _;-_ =._�-. _--. >-- ., ,;_-, -- " � - ° _'_°,--,_--- -- - DAY TT��E PHONE { �22) 73G- - _ - - , o� F`�R:I27�;:5 �: kFPIIA^:C'�S �'6iQ�PALIk�iAIL 1. \Vliat �vas d�e preti�ioas ese of this buildin_. 2. Do you in;end to ha�•e a drive-tlu n uidow? 3. Do you intend to serve liquor, b:.er or �.ine? 4. �'ill }•ou hate a permanert menu board? : 5. If your restaurant is associated w�ith a chain or iranchis:d business, are standardized floorplans used a�er se�•eraI loca:ions? 6. �'�'i11 }�our custemers pay for their food before consuming it? 7. �Vill you provide a self-sen�ice condiment bar? 8. �Vi}I tnslt receptacles bz provided for self-service bussine? 9. «'ill ti�ere be hard finish=d, statior.ary seating? ri n's 10. Are your main cour ms prepackaeed? yes _� r,o yes _ t� no }'es _�no yes e� no � yes no yes c� no ✓ yes no �� yes no or mzde to order? _1�_ If }'ou have questions about the informaiion n:zded, contact the zc��ing administration offtce at 266-9005, 310 Lowry Professional Building, 350 St. Peter St., St. Paul, DSN 55102 - - . _ 4 .. .. �. . . . . _ -. k,�- � _ �� _�-�� k___, _ ��-� �� .:.��5:..� ..:��.�.� � }_. � :�� :_' �,- :� � .�; =', , - _-s_-�.-_��e---��-t_�,.-�__----`_--_-.---��>___---__>�:- _---------_-----------=- ,.._�,._ , „ _-=__.��--- . . , �� ,: AC;otding to MH S2atvtc5 176.182, liecnsin9 egencics arc pro�ibitN tran issuin3 iiccnscs viiho�: vcrification of vorkcts' Cap ' � covc�;5c. 11'f,�{CE45E A7Yl1GTld! URMOT BE PROCESSED N:CESS TNtS FORN 75 C4aP1ETED. SJCYE'. AA� AENnR� (p�ca5t p�in[). My qvestions oT ouc ihis tor should bc Q(rectcd to ttc Scatc cf Y.imcsota "5pccial Ca:Qcnsa[ion Fund" - 296•21 - - 'i`�'^9:i�'} N G � , I 1ti1�Y-.��r .w� Dp Y � . -.. �� _ �� - � :`.� . � .. - .. "_ .- . ___ � . ttanc Psih C. .. � : '. D;J01rG ^ • II ^�,- _ -- DoinS biisiness"as -'"C'AFc'KA A("<c'i)C) TNA\�i � e z�- - -'�'�-` �' iest �tirs -�� . middte - ==.�- . � fvLt business nnr.c,_-if d�ftcrent tAan younrWme -:.i, 547-9�-�i53 � .` - _ _i� " -� , Social Sceur;iy 7io, � R„(,_��_,�y R -- � Fe6erol Frploycr ID Ro. ��!• . State 1D Ao. _\�A - -._ - A[Sjfl55�� "1�77 U�YI�,'.�i�JilY t+I:i ST. Pe�tiL I�i1 �5�04`• �- - stroet nd�ress or ta�tc rni:txr city or to.n ra:nc scatc nax zip tcCe . Susiness 7elepSo�^_ Ho. L_) \ i:r.w ic:cp�.o;,� No. C C_2 ) 7'>G-479� ' - `Typc'of_6usiness`� OORF?�'"SF�P{.:q/n I.I^�OF� I� ?:)DIiIv�d "_'G �dFcISCR� :'ti'!'�RPAI'.:.•[E?Ii - � - --: � --"-'-�"`�_---"--'-'_-- -- descrip2ion Cfor cx�lc: b.iildir.y tmstructia�; or ioSSinS: cr r.vrwfaetvrinp> - -- - -- -wYorkcrs?.`[a�}�ensation-- -_ - - - - . - .- . - - -. -_- - � 'InsuraxqCa-Qery Nasc � - � � � •'.u0'?>� " Policy No. :,C\n �� -� -- -_ -- fail na�c of irsura.xc ca:p;.ny (�:02 ir.su:a.>cc ac=�U futt n:r;txr !rx insurance policy _ . Dates ot Covcragc � tiO��G Through '?C�:� - � sta�ting Ca2e crdin9 catc . __._ ____ - _ _..,.____ _' - ._.�K .:._ _ '. � - ._ ___ : . ." _ _ _ __, _ 3 certity that 1 ara nottcquircd to carry xorkcrs' cxQcr,sa:ion ins�re.xc bccc:tsc: � - � (eheek one) - � �� - - - �_'I am e sole proprSctor e�xt 3 hcvc no er.ployecs. - .__ I have no cr•Qloyees who ore covt�cd by the workers' e«rQenscticn leu. (Lniy er.Qloyees uho nre s,xcificnlly eaertptCd by sistute are net eovered by tAe vorkers' ec.p:r.sation tnw. ICese inclvde: Spouse; Parents; Chjtdren, re9�rdless ot a5�e: � ' and farn iabor rnployees of a fanily !em that spcnL icss than SS,OCO far tat� lobor in thc previous catendar ycar. Alt othcr rorkcrs uSOSC work ectivitY is controllaSle Dy thc cr.plcycr ausi bc covcrcd.) I uxfcrstaod tF.ax the in(or�tion previdcd above vill h: vcrificd by thc Yirnesota Ca,�rt�nc ot Cab:r e:d 1rdu5Lry. [ tuiitrsteM thai 1 em wbject to a S1, GD penal , if iAe inform,tian is fa�se. i certify t�at the Ir.fovr.acion proviCed :b�cve Ss �ccusaic erd ca�tctc. . : . . _ _ . Signcd bv _ �1 Dotc S . '(NO latat Ii[ensing,a9cncy, gcn. eontr., tivbeC hryer or otrer persvntorgonixation acting�as an iMCrmcdicry to dclSvcr thii form to tne Dcpt.�of tabor an�'lndustry shatl bc responsibte ior nccuraq ct thc inforcution providcd by ihc person ai9nSng ihc torx,7 SA�NT �AiJ� � 11A1lA CIGARETT� LICENSE APPLICATION ► x CITY OF SAINT pACTr Ottiee of License, L�spetiions and Ensironmental p,.o�a�;�� as� y. r��« s�. s�a. 300 Sun:Rul..V,;nazsqa SSIC1 (672J 256910q fax. (6171:669t]I Licznse ID� Sticker # Business Address # of machines _ .�_. Business Name . �—_: xr,: a 1'�" :TdI7 — '--=—_ i:L' (for office use on:y) r�z A7ii. OR Counter Sates? i�;, �� - . . �� =� Applicant s s�gnature Dat� ------------------ ------------------ — ---------------------------- — --------- ------- --=--- . -� - : . _ � 9�-a�r . �.� 4. � .,.. .-� .��.... � z�-. . - -�,.... ..� - � �rxq��..a.�=- _ : _ _ — �.x � . � � _ .�,_,-" r . , y '^;. _ _ .'_ _ _ ' - _ . _ ... ., . - , .- ,. . _.__ . .�_ � . . � . .. .-. ._ ��_.-_ ' _ ",_".__"'""_'�'-"'__ '_ " . ' _ ' _''_' __'_ "_ .' ' ,. . . _ .. :.. . ..,,,: --. _._ SITE PLA*I FOFt2!4T- - - --- •'. - --- An acce�table si:e plar.;rust acccr:�_��y an spp]icat:cz for a Class III license. The folloxir.� data should be cn t'r.z site p'_sn, prefersbly 8 1/2" x 11" or - - _ . _. . .. �, -• « - -- - - S 1/2_ x.14 . paper:- -i_-,: ' - -_ � - - - � -- - - - _ _ „ 1 I� address, end phcne nmTber ' , - \ _.."- _ �_ ,_ - . . . -_ . ,. 2..-=:- The scale should be st�ted sccn as 1" a 20'. "N sheuld be indica*_ed .tow2rd the top. �~ 3.--_ . Placer..ent of all� pertiner.t feztures o€ the interior of the -lzcensed facility such as seatin� areas, kitche;�s, offices, repair area, parking, rest re��s, etc. 4: If a request is for an Eddit`_or, or e�pansion of the licensed facility, indicate both the current azta ar.d the preposed expansion. Please Yeme¢oer that th?s site plan will be revieued by msny people and uil? remain a per�anent part of ycur li::ense £i1e. It should be legible, accurate, and cor..�plete. If it is not, there 4ay ba a delay in setting the hear:ng date unLil thzse items are satisfied. � ` I£ you have any questions, fa21 free to concect Kris V>n Ro:n at 2bG-S110. �{�0�3 �:VYi/lk 11/92 ► .� � �_ _ _ � _. ��-`. "..;_ _..�:=_. - . . , ., . - � . ! ° 1 a • � / 9 0 V � S r C 0 0 U ��. i v ? ■ ■ Y O � u� a �° � � 1 � u �r z s � c� ■ � � f � Y � L � R � V >[ u ` C � � •h _ t�- � ,. .i �'- �`�/ ` . � l' � � " s. - � z S � �' . �n I �'' -, " f� 11..? 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GO 2481 RESP?i7R.?�T (C) -LIMZTED 1 $e5. 0:� 253`l CABARLT - CLASS A' 1 $123.00 � Tota1 Fee: $291.00 �. SraL=_ Tax IDk: 2066188 " rai.� by: CHECK ($15.00 r� for ali returned checksj Ycur iicense tc do busin=_ss will bP mai'.ed upon rece�pt of required appravals. _r you have any q;zesticns reg<sding ycar license, pleaae call ------------- ---- ---------- CHF2TiFZCATI037 Or P:O.2KE:<S' COhtPBNSAT20N COVEFA �F. PERSUANT TO MINNESOTA STATUTE 1'6.192 = hereby ce�ci£y tha*_ ', or my company, am in compliance with the workr:rs' compensation irsurance coverage reqn_rements of hiinnesot:, statute 176.132, �ubdivision 2. Date of Epplication : OSi19/�5 License e`�ecciv.=. froia C?/,1/95 to C3/31/90 .:._its ?2e I also ur.derstand that prcvision of £alse ia£ormation in this certificz'.ion constr.tutes su�{icient grounds for adverse actior. against all licenses :.c�d, including revoca.:ion and suspensior if said liceases. 37ame of Insurance ComF�zny : .2� Pol�icy Number � �� (�- --_�—__.— Co�erage from ._ to //I have no employees cevered ander worL compen>atior. insurance. �� __�.«.— — — " - " � ' - - . 1 - _`� / y ' - ��- �- �.:-:�`�� , /�:�� _S - "�, � �jJ Signature of licensee Businer�; i�ame Date L� — � �� MINNESOTA Department of Revenue C��•ay./ CAFE DO THANH NGUYEN & PHAN 15 BIRCH LN OAKDALE MN 5512&7114 May 16, 1995 This letter confirms that your business is registered with the State of Minnesota, Department of Revenue, and has been assigned a Minnesota Tax Identification Number. Please keep this letter as proof of registration. The number assigned to your business is 2066188. Your business has been activated for the following tax(es): Tax Type Effective Date Filing Cycle Sales Tax Use Tax St. Paul Sales Tax Partnership Tax Jul 1 1995 Jul 1 1995 Jul 1 1995 Jan 1 1995 Quarterly Quarterly Quarterly Annually If sales tax is listed above, this letter constitutes your permit to make taxable sales. If sales tax is n�t l�sted above, this is nat a sales tax �ermit, and you are not authorized to make taxable sales. Tax permits are not required to be displayed. If withholding tax is listed you will receive a book of customized forms in four to six weeks. Start using the customized forms instead of the blank forms as soon as you receive them. Keep the instructions and tables as you will need them throughout the year. The Department of Revenue provides information and services to help you comply with the tax laws. If you have questions about how to comply or if information about your business is incorrect or changes, please let us know. We can be reached at (612)296-6181, toll free 1-800-657-3777 or you can stop by any of our offices. We are open Monday through Friday from 7:30 a.m. to 5:00 p.m. If you have a hearing impairment and you use a Telecommunications Device for the Deaf, call: (612)297-2196 for TDD or 1-800�27-3529 for Minnesota Relay. Sincerely, ! �i � i Matthew G. Smith Commissioner of Revenue �`�-�- � C9 ivli�vivLS�iti uepartinen[ ui hevenue 1104 State and City Sales and Use Tax Return Minnescta ID number: Location number: NGUYEN & PHAN CAfE DO THANH 15 BIRCH LN OAKDALE MN 55128-7114 Period end: Control nvmber: Filing reason: 001 GROSS RECEIPTS 2 � Z `i I Column A—Taxablz amount lRound ro !he neorest dollorj 100 General rate sales 200 Purchases - use tax due 21 � Variable rates purchases 380 Si. Paul sales 2 4- 2 y i � • ST-1 Ori�inal s�-ay� 002066188 2 001 0 7 9 5 0 9 9 5 2440668 0 � � Column B—Tox due /Round to ihe neares,` dollorj l 5 7 �I � G I 2 I pUONG D. PHAN 119 8 DL P500.155-135-620 15 BIRCH LN. 612-730-4798 n-7000izsia BRANCM V 5T. PAUL, MN 55128 �— j� _19 `J � PAV TO THE �� I/ � � �T � /\� �� $ /` 7CL/ . �. . ORDEROF_ G_/i �p (T� i 1' .' � n i L Ye �S' -��t �C-�baas_ �� A*n�j TCF Bank Minnesota ist+ L, �,� []t�vJ[� 1�8Subu`benAve. - /�FR .� St PaW. MN SSIIY / `'_ �` FOR Jt 2O .c�iL � SR 2 ! � � � � �l ,a �e',., _�.r- ``� 1 �— _rF� — _ �:29L070001�: 4�5134769�ii' �i98 2 4 29 I -.-mm+��:�.�-.�.��.�u�:,�..,�.:,. �_._. ._._ . . TAX DUE (add above lines) x.065= x.065- Inst x.005= J `7UG �- ---��- �� -,�- _�/>1?��_4s- �_4-31_-- - $ignafure � Daytime phone -- _ �_ / � / �� Moil fo: Minnewta Deportmenf of Revenue, Moil Station 7110, St. Paul, MN 55146-7 1 1 0 ..a�o:n �::c i�iW n:c.n �n.::.c �s w�d� ro„i H�yr.�c, : :emi9Ya�ce Stu� Moke chxlc payab!e to MN Deot. of Re�enue 0020667,882 �024406680 �026 09958 NGUY�;d & PHAN CAFE DO THANH t5 BtRCH LN OAKDis'_� MN 55128-7114 TOTAL AMOUNT PAID 002�661882 ��244�6680 �026 09958 .- - - - _- -. . __ 9� ayi Due Date: October 20, 1995 ( 7C` C: v _ . .-.-:,-1'�-=i�:•.`= - . s' _ ' - _ _ _ . . . -w� rv , d.� s+�'� muu�,sv`H't+" 'a*�'y 3 K , !.if + �_ � ts anY' `� m+ i-s,.. -"�.� -� T � .? r..u. f . . � - ,_ . .��' � x -+ A�:,,..�y� c x � � �� ,.t .. � _ .(.5=^� . , , � C y' ; ¢ µ. s •.:,, � = .: i .- r , Y- ..�. � T �'. �.y�" ^-' �c . � - .v `3T, x 5i> e � �� 5 n =.- -T _ ,�i s . t'.ab `�'_.: v� s 4 � � . 3� � F 4 �' . _ » _ . ... . • : � ` � - . ... � . .- . ,i.- "'z'i` -. �' .> �. , - � , r -� ._ � - ... .. . _ - '��:w t.�••_... ,.-.�."_ _-•.' .- _ ' ., ... _ .,� -- ... . .. ».,. .. _. , ..,__-.... . - c .. ' ' ..�. ,.. _ a - _. � ry '-S '- 3'+i'_"'. .._ _ ,. : __ _ . ' 3:f e. . _ :.. . ... .[- c... r. - ,. , - _•. - _-.- -. . , � . -. ... __. . . . _- . � "' . _ . , _ ' ' , +v_ :. 2 , ' _' ' ... . . _ ,. �. ..' .'".:_�.,. - ' . _ • - . .. ... . . . � . _ . _ v.it, ^: .S+iS`. p. . " Y � . �- 'v " - �} _ . � . � � N . r . . , . � . � ..w� .+,-4nG r �. ' �,. aa ..ss. - ' . �- � s �s!?:rv�+• „y a e � . . : .� _.. .' .. � . 4' . MY,� < Ye. ��. - . ° r .. ��;.#.,�?d^`" Lr .r� K f'4w+N:? ".�� y °v v%a•.r+vi�.»+ y -•.awe�.,�'Y:.-^ aP�%- i� '��3n '+NF.as` o'?a. � «At ^i�' �iln£d+r.�'.a.�' vF -, �.. a ". :'�i. e F w a�'' z�as,k �,w ..J . .�t i' c i r r ��_�1 v F� n a....,,,�.s..q{n ,. v .: : � .. -..,;�. . a: . . . . . .-'" ' . _ . . , , . . _, ...: ,. . ,. _ ,.. . - , . .� , _ ,., " _t- - . ^ . . „ . . _ . .. ..�. _..'. . .," ' . _ " _ . " . _ _ ' - .. - , - _ .. .,.+.,-, n , . . .,. � � _ . _ � - . .. —�,=?..x. .. ,.;..-._ - - - .�-. .: y� . '�'�«-.'fei.:.s�"isq."Sso°*�"'. �� _ '. , (�._ , . . ---' . " __" . . _ ' . . , rSs��.,-. ,."4-�« 'S:4'� °h9�; i �. �rX -�� S � CITY OF SAIIVT PAUL Norm Colem.art, Mayor e',t.gusL i�, Iy55 Don Luan t7guyen Duong Dai Phan 1275 University Ave. W. Sa:nt Paui, iyN SSiG4 OFFSCE OF LICENSE, INSPECI'tONS AND 9�-a t�, ENV[RONMII.TTAL PROTECIION Rvba�t Kealo, D'vecror lAii'RY PROFESS/ONAL TeJephone. 612d66-9090 BUQ.DRdG Facsimilt: 6Z2•2669099 Suftt 300 61A2669124 350 St Paa Svat Sabu Pad, Mfnneswa SSIO2-ZSZD RE: License Application #17719, Cafe Karaoke Do Thanh Dear Mssrs. Nguyen and Phan, i The Office of License, Ynspections and Environmental Protection has � xeceived and is processing your application for a cabaret, restaurant, and cigarette license at 1275 University Avenue W. However, at this time none of your licenses have been issued. Please be advised that you are not authorized to conduct a cabaret, �;� estaura'nt or cigar ett J sales (or anp other licensable act:�vity) at the ' aforementioned location. You must cease operation of these activities � immediately. Failure to cease sucF operation would be possible grounds �y_ ` �for denial of your license application. C� �� '-�w If ou have an uestions • �4�� y y q , please contact me at 266-9108 or Rris � Schweinler, Sr. License Inspector rt 266-9110. � �� ' �� '� � Sincerely, m, , / /�f � !' (�� --- - . , ��c �� a �� , Christine A. Rozek � Deputy Director '�� k' ' , Ii� CAR ' l'c ,,��' ,�,��. ��— j� � ,CC: Phil Byrne 6 � y " � Peter Pangborn _� ? �� Lt. Gary Briggs �{�� Robert Kessler � 4 4 � KYis Schweinle j `/i l � � � v� �� `x- � CITY OF SAINT PAUL Norm Coleman, Mayor August 17, 1995 Don Luan Nguyen Duong Dai Phan 1275 University Ave. W. Saint Paul, MN 55104 OFFICE OF LICENSE, INSPECiTONS AND �� u' ENVIRONbffi�TI'AL PROTECTION 7 RobertKesslo, Diseaor LOii'RY PROFESSIONAL TelepTwne: 612-2669090 BUILDING Facsimile: 612-2669099 Swu 3Q0 612-26691Y4 350 St Peter Saeu Saint Pat7, M"nuwsota SSIO2-Z510 RE: License Application #17719, Cafe Karaoke Do Thanh Dear Mssrs. Nguyen and Phan, The purpose of this letter is to clarify the status of the business licenses at 1275 W. University Avenue. The Office of License, Inspections, and Environmental Protection has approved your cigarette and restaurant licenses. At this time, you are authorized to conduct cigarette and food sales in accordance with your license applications. However, the cabaret license has not yet been approved by the Saint Paul City Council - you are not authorized or licensed to provide any entertainment at this time. You also indicated in the meeting with Bob Kessler and myself on 8/16/95 that you understood this prohibition and would comply. You also indicated in our meeting that you with to cooperate with the Police as you strive to prevent gang activity in and around your establishment. We will endeavor to set up a meeting next week with the Police to discuss their recommendation for your cabaret license. If you have any questions, feel free to contact me at 266-9108. Sincerely, �.�� : � �,� � Christine A. Rozek ' Deputy Director CAR/j 1 cc: Phil Byrne Peter Pangborn Lt. Gary Briggs Robert Kessler Kris Schweinler L�� - � OFFICE OF LICENSE, INSPECTIONS AND 9� a y i ENVIl20NMENTAL PROTECf10N Robert Kesski, DirecWr C1TY OF SAINT B�UL Nosm Coleman, Mayor LICENSE AMI INSPECllONS 350 Sk Peter Sveet Suite 300 Sa'v�t Pau1, Minnesom 55702 Te[ephone: 672-266-9100 Facsinv/e: 612-266-9124 August 30, 1995 Cafe Karaoke Do Thanh 15 Birch Lane Oakdale, MN 55128 � Dear pon Nguyen & Dubng Phan, A hearing on your application for a Cigarette, Restaurant-C and Cabaret-A License(s) ID #17719, located at 1275 University Avenue West, will be held before the Saint Paul City Council on September 27, 1995, at 3:30 PM in the Council Chambers, third floor of the City and County Courthouse. This date may be changed without the Licensing Office's consent and/or knowledge. Therefore, it is suggested that you call our office at 266-9090 to confirm this hearing date. Your presence is required at this hearing in order to respond to any questions that may arise. Sincerely, G�'��.� ��,�� Christine Rozek License Manager L X- � sw�Nr PAUL � IIIIAA CITY OF SAINT PAUL Nomx Colemm+, Mayos September 29, 1995 Don Luan Nguyen Duong Dai Phan 1275 University Av W Saint Paul MN 55104 OFFICE OF THE CITY ATTORNEY 9 � -ayi Timothy E. Marx, Ciry Attomey Civil Div'uion 400 Cuy Hall Telephone: 6I2 266,5710 ZS West Kellogq Blvd Fauimile: 612 298-5619 Saira PauT Mi�inewta 55102 Re: Licenses of Don Nguyen and Duong Phan dba Cafe Karaoke Do Thanh License Application ID # 17719 Our File Number: G95-0386 Dear Messrs. Nguyen and Phan, I am in receipt o£ in£ormation that could lead to adverse action against you, which could include, 1) denial of your application for an entertainment license and 2) action against your current licenses. The basis' for the denial of issuance of an entertainment license are: California incidents: On November 21, 1994, your establishment in Rosemead, California, Cafe Karaoke Binh Minh, was cited for aonducting karaoke type of entertainment after your application for an entertainment license had been denied. Between the dates of 5/8/93 and 6/2/95, Los Angeles County Sheriff's officers were sent to the Cafe Karaoke Binh Minh approximately 35 times for calls involving gangs, drugs or guns. During that same time, the Sheriffs office received �pprc:;im�te3y 57 o�her calls �o� ser�ice. In 1993 alone, the Los Angeles County Sheriff's Office received approximately 47 calls to the Cafe Karaoke Thien Nga. Seventeen of these involved gangs, guns, loitering or assaults. The Sheriff's office attributes 25-50 % of calls to surrounding businesses as related to the CaPes and that until you reported attempts at extortion directed at the Cafes, you provided little cooperation with their office. Saint Paul incidents: On July 8, 1995, squads were called to the Cafe Karaoke Do Thanh to assist an off-duty officer after several gang members threatened to kill a patron. The following day, several gang members returned to the Cafe when no officer was present, 3 or L�� C�� 9� 4 guns were seen, but no call to the police was made. The life of the off-duty officer has been threatened. On July 15, 1995, a female, while outside the Cafe, was threatened that her car would be burned and that if she wanted to stay alive, she had better leave. On August 15, 1995, you received a letter from Ms. Christine Rozek of the Licensing office directing you to cease the operation of activities which you had been conducting without a license. You had been open Por business for over 30 days without an appropriate license. If you do not dispute the above, this matter wi11 be scheduled before the City Council for a hearing on what, if any, adverse action should be imposed. You will be aliowed to spea;c on your behalf at that hearing. I will need to have a letter from you saying that you do not disgute the above facts if we are going to Pollow that path. If you dispute the above facts, I will schedule the evidentiary hearinq on the £acts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either aase, you should contact me within ten days £rom the date of this letter. If I do not hear from you, I will schedule the hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Respectfully, �.�� '�� Philip K. Miller Assistant City Attorney cc: i�on i7guyenj Dtic:lg P �an, �5 8irc : I,�:, pa?;wa1e xII�7 55123 Robert Kessler, Director, LIEP Christine Rozek, LIEP Lt. Gary Briggs, SPPD/SIU � ��3� 9� -a v� `October 10, 1995 Phillip K. Miller Assistant City Attorney 400 City Hall 15 W Kellogg Blvd St Paul, MN 55102 Re: Don Nguyen an Duong License Application File No_ G950386 Dear Mr. Miller: JAMES C. EAST£ALY ATI'ORNEY AT LAW 915 Grain Exchange 3u�lding 400 South Fourth Street Minneapolis, Minnesota 55�15 (612) 333-7888 / FAX 34?-1255 Dai Phan�s Cafe Karaoke Do Thanti No. 17719 This let�er follows my October 6, 1995 letter to you and our telecon t�.is morning. Please find enclosed joint statement o£ a�plicants Don Y3guyen and Duong Dai Phan in response to your September 29, 1995 letter to them noting allegations "that could lead to adverse action you," and requesting that applicants either admit to those alleqations before proceeding with a hearing before City Council; o:' submit to a preliminary, evidentiary hearing before an ALJ to i�esolve any factual disputes. . During our telecon this morning you explained that an evidentiary hearing before an ALJ had been tentatively scheduled for November 14, 1995 and thut the next= City Council Meeting at which license application could b� considered, if applicants elected to forgo an e�identiary hearing, would be November 1, 1995. PlEase note that applicants will not contest alleyations set out in your September 29, 1995 letter, a copy of wh�ch is attached to their enclosed statement, to the extent that those allegations are v�rified and docu.�iented in police reports presented to me for review at least one wee}� before hearing. Yours very ��(i(i1.l.t� truly� l � �� J=i:.es C. Easterly � E*iclosure c - ,Y- 7 �i�/ q�-ay� JOINT STATEMENT OF LICENSE APPLICANTS DON LUAN 27GUYEN AND DUONG DAI PHAN IN RESPONSE TO ALLEGATIONS BASED ON POLICE REPORTS CITED IN SEPTEMBER 29, 1995 LETTER TO TF�M FROM ST PAUL ASSISTAN'i' CITY ATTORNEY PHILLIP K. MILLER, A COPY OF WHICH IS ATTACHED The undersigned Don Luan Nguyen and allegations contained in the attach from Assistant St Paul City Attorn extent that those allegations are fo police reports, copies o£ which are record, James C. Easterly, at least 1995 hearing of our cabaret license Council, and to City Council members �ll - /U � �'1 i Date ' )uong Dai Phan admit to those :d September 29, '1995 letter ;y Phillip K. Miller to the anded upon accurate, verified presented to our attorney of �ne week prior to November 1, application by St Paul City prior to that hearing. f0-/0-`I3� Date ��- � �3� 9�� JaMES C. Ens'rEiu.Y ATTOP.NEY AT LAW 915 Grein Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 (612) 333-7888 / FifX 344-1255 October �, 1995 Phillip K. Miller Assistant City Attorney 400 City Hall 15 W Kellogg Blvd St Paul, MN 55102 Re: Don Nguyen an Duong Dai License Application No. Eile No. G950386 Dear Mr. Miller: Phan�s Cafe Karaoke Do Thanh "17719 Your September 29, 1995 letter informed cabaret license applicants Don Nguyen and Duong Phan that you are in receipt of certain police reports from California and St Paul, Minnesota indicating that applicants had on some occasions requested police assistance in the � course of operating cafes earlier in California and at their current location in St Paul. Your September 29 letter asks whether applicants wish to appear before an administrative law judge to deny the allegations presented in those reports, presumably via St Paul License Office in coordination with St Paul Police Department; or to acknowledge those reports and proceed with a hearing before the City Council to approve or disapprove the license application. Applicants prefer to proceed with hearing of their license application before the City Council at the earliest opportunity. They do not deny that they have called for police assistance alluded to in your September 29, 1995 letter; however, I expect you to be able to demonstrate the authenticity, materiality and relevance of those reports if they are to be presented to Council for the purpose of objecting to license approval. Applicants continue to incur costs under the terms of their building lease and equipment contracts and respectfully request that hearing be set for earliest possible date to resolve any issues regarding license to operate their business as planned requested. Yours very truly, ��_--(�� — � �� James C. Easterly � x N� _ -�....�,, � �-�--� , ��',� 2 � o�-, 3, r ss ,- ,e�t�-.. ,�Q� 9�-ay� JAMES C. EASTERLY ATTORNEY AT IAW 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Mianesota 55415 (6I2) 333-7888 / FAX 34�3�s5 �o g8"' �� 7�° DATE: TO: FIRM/COMPANY: FACSIMILE NO.: TELEPHONE NO.: � FROM: FACSIMILS COVER SE�B`P l U `�1�� / � TIME �i3 ��SS [c.c2 , ��2cSc Z : �U��P.m. S7 P�Jc. �i�.��.vS� �1,�S� ��T� o.J c C�Z ) 2�G � c ��z � z�`-5��z i d.� � rT�� y COMMENTS: ��c�' G9r�-� �v �� C�i�/1�< C/GcSa/SE /'� F�L�C.�JT`/J.�l � g� O�GC-` G cI/� TcfGc�Ca� �6 ��/ �`O LC.o t.�/�/ Cr �8C (✓� C-.✓7S /� t� � y6 c/2 �c�COl� � THIS FACSIMILE CONSISTS OF ,� PAGE(S) INCLUDING THE COVER PAGE. IF FOR ANY REASON THIS TRANSMISSION IS INCOMPLETE� PLEASE CALL THE TELEPHONE NUMBER ABOVE AS SOON AS POSSIBLE. This facsimile contains con£idential information intended only for the use of the addressee(s) named above and may contain information that is legally privileged. If you are not the addressee, or the person responsible for delivering it to the addressee, you are hereby notified that reading, disseminating, distributing or copying this facsimile is strictly prohibited. If you have received this facsimile by mistake, please notify our office immediately. Thank you. (macros\fax.shtJ � �,�x - �o C�- 9�-ay/ October 18, 1995 VIA FAX Bob Kessler, Director Office of License and Inspections 350 St Peter St, Suite 300 St Paul, MN 55102-1510 Re: Don Nguyen an Duong Dai License Application No. File No. G950386 Dear Mr. Kessler: Phan�s Cafe Karaoke Do Thanh 17719 Please find enclosed per our telecon this morning copies of: - Joint Statement of License Applicants Don Luan Nguyen and Duong Dai Phan in Response to Allegations Based on Police Reports Cited in September 29, 1995 Letter to Them from St Paul Assistant City Attorney Phillip K. Miller, A copy of Which is Attached; - My October 10 cover letter that enclosed and forwarded the above referenced joint statement to Attorney Miller; and - My October 6, 1995 letter to Attorney Miller informing him that applicants elected to waive an evidentiary ' hearing by an ALJ. This letter confirms that, based upon applicants' election to waive their right to an evidentiary hearing before an ALJ (attested in their written statement to City Attorney, a copy of which is enclosed in this letter); and, instead, proceed with license hearing before City Council as soon as possible, you will schedule a hearing of this matter before the City Council and notify applicants of hearing date without delay. Yours very truly, James C. Easterly c: Phillip K. Miller, Assistant City Attorney �� r ° �3� CITY OF SAINT PAUL Nonn CoTeman, Mayor October 18, 1995 OFFICE OF THE CITY ATTORNEY 9� av� Timothy E Marx, City Attomey Civil Division 400 City Hall Telephone: 612 266-8710 IS West Ke77ogg Blvd Facsimile: 612 298-5619 Saint Pwl, M"versesota 55102 NOTICE OF COUNCIL HEARING James C. Easterly Attorney at Law 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 RE: November 1, 1995 Uncontested License Hearing Licenses of Don Nguyen and Duong Dai Phan's Cafe d/b/a Cafe Karaoke Do Thanh License Application Number: 17719 Our file Number: G95-0386 Dear Mr. Easterly: Please take notice that a hearing concerning the above-named establishment has been scheduled for 3:30 p.m., November 1, 1995 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the essential facts contained in the attached police reports have been admitted to. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office is the denial of the application for a cabaret license. If you have any questions, please call me at 266-8732. Sincerely, �� : � ii� � �� ° Philip K. Miller Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP, 300 Lowry Bldg. Frank Staffenson, Deputy Director LIEP., 300 Bldg. Susan Marschalk, Community Organizer, Hamline Midway Coalition 1564 Lafond Ave., St. Paul, MN 55104 Lt. Gary Briggs, St. Paul Police Dept., SIU � v _ / � /� 9�-ay/ UNCONTESTED LICENSE HEARING Licensee Name: Don Luan Nguyen & Duong Dai Phan d/b/a Cafe Karaoke Do Thanh Address: 7275 University Avenue West Council Hearing Date: November 1, 1995 Violation: Failure to control gang related activities at licensed establishments in California; Failure to obtain licenses prior to beginning operation in the City of St. Paul. Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, OfFce of License, Inspections and Environmental Protection: Denial of Cabaret License Application Attachments: 1. License Information 2. Notice of Violation 3. Letter of licensee or attorney agreeing not to contest the facts 4. Police Reports �� J ��-ay� Lic ID ................... STAT ..................... Business Name............ Address .................. Zip •• .................... Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance E£fective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 17719 AC DON LUAN NGUYEN & DUONG DAI PHAN 1275 UNIVERSITY AVE W 55104 CAFE KARAOKE DO THANH CIGARETTE RESTAURANT (C)-LIMITED CABARET - CLASS A 03/31/96 PARTNERS/OWNERS 12977 PH NOTICE SENT 8/31/95 SET FOR 9/27/95 90 MAILED, 33 EMAILED, 2 INTEROFFICE 2066188 730-4798 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° ��`a'' �� crr� oF salrrr p.�uL Norm Co7rnrnn, Ma}vr . September 29, 1995 Don Luan Nguyen Duong Dai Phan 1275 University Av w Saint Paul MN 55104 OFFICE OF THE CITY ATTORNEY 9 � a �� Timothy E. Mar; Ciry Anamey Cndt Division 400 Ciry HaII TUephanc 612 266-87I0 IS West Kellogg Blvd Fac.srnu7c 612 298-56Z9 Sai,u Pau{ Mrnnuora 55102 Re: Licenses of Don Nguyen and Duong Phan dba Cafe Karaoke Do Thanh License Application ID � 17719 Our File Number: G95-0386 Dear Messrs. Nguyen and Phan, I am in receipt of infornation that could lead to adverse action against you, which could include, 1) denial of your application for an entertainment license and 2) action against your current licenses. The basis' for the denial of issuance of an entertainment licensa are: California incidents: On November 21, 1994, your establishment in Rosemead, California, Cafe Karaoke Binh Minh, was cited for conducting karaoke type of entertainment after your application for an entertainment license had been denied. Between the dates of 5/8/93 and 6/2/95, Los Angeles County s:eriff's officers were sent to the Cafe Karaoke Binh Minh c�.rroximately 35 times for calls involving gangs, drugs or guns. During that same time, the Sheriffs o£fice received �:?p-c.imetely 57 oth2r calls �or ser�ice. 'n 1993 alone, the Los Angeles County Sheriff's Office -eceived approximately 47 calls to the Cafe Karaoke Thien *:ga. Seventeen of these involved gangs, guns, loitering or �ssau2*_s. The Sheriff's office attributes 25-50 � of calls t� surrounding businesses as related to the Cafes and that until you reported attempts at extortion directed at the Cafes, you provided little cooperation with their office. Saint Paul incidents: On July 8, 1995, squads were called to the Cafe Karaoke Do Thanh to assist an off-duty officer after several gang members threatened to kill a patron. The following day, several gang members returned to the Cafe when no officer was present, 3 or ` �,�',�/ // �c) 56-ayi 4 guns were seen, but no call to the police was made. The life of the off-duty officer has been threatened. On July 15, 1995, a female, while outside the Cafe, was threatened that her car would be burned and that if she wanted to stay alive, she had better leave. On August 15, 1995, you received a letter from Ms. Christine Rozek of the Licensing of£ice directing you to cease the operation of activities which you had been conducting without a license. You had been open for business for over 30 days without an appropriate license. If you do not dispute the above, this matter will be scheduled before the City Council for a hearing on what, if any, adverse action should be imposed. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the above facts if we are going to follow that path. If you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, I will schedule the hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Respectfully, Q�Q�� k�� Philip K. Miller Assistant City Attorney cc: Don 27 en Duoa P:^an �5 Bi�^'� Li: Oakda? * 2 5uy / 5 • , '"•.•• , e SN 551 3 Robert Kessler, Director, LIEP Christine Rozek, LIEP Lt. Gary Briggs, SPPD/SIU C �'�'-�� j> JA11fES C. EASTERLY ATTORNEY AT LAW 915 Grdin Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 (672) 333-7888 / FAX 344-1255 October 10, 1995 Phillip K. Miller Assistant City Attorney 400 City Hall 15 W Kellogg Blvd St Paul, MN 55102 Re: Don Nguyen an Duong License Application File No. G950386 Dear Mr. Miller: R� CEIVED OCT � 11985 9�-ay� CIT� ATTORI�t�' Dai Phan's Cafe Karaoke Do Thanh No. 17719 This letter follows my October 6, 1995 letter to you and our telecon this morning. Please find enclosed joint statement of applicants Don Nguyen and Duong Dai Phan in response to your September 29, 1995 letter to them noting allegations "that could lead to adverse action you," and requesting that applicants either admit to those allegations before proceeding with a hearing before City Council; or submit to a preliminary, evidentiary hearing before an ALJ to resolve any factual disputes. During our telecon this morning you explained that an evidentiary hearing before an ALJ had been tentatively scheduled for November 14, 1995 and that the next City Council Meeting at which license application could be considered, if applicants elected to forgo an evidentiary hearing, would be November 1, 1995. Please note that applicants will not contes't allegations set out in your September 29, 1995 letter, a cc�y cf which is attached to their enclosed statement, to the er.t�_^t that those allegations are verified and documented in police reperts presented to me for review at least one week before hear_^�. Yours very truly / � J /� Q � �f.vl(.�� ` �James C. Easterly Enclosure � � X� �i � 9�-ay� JOINT STATEMENT OF LICENSE APPLICANTS DON LUAN NGUYEN AND DUONG DAI PHAN IN RESPONSE TO ALLEGATIONS BASED ON POLICE REPORTS CITED IN SEPTEMBER 29, 1995 LETTER TO THEM FROM ST PAUL ASSISTANT CITY ATTORNEY PHILLIP K. MILLER, A COPY OF WHICH IS ATTACHED The undersigned Don Luan Nguyen and Duong Dai Phan admit to those allegations contained in the attached September 29, 1995 letter £rom Assistant St Paul City Attorney Phillip K. Miller to the extent that those allegations are founded upon accurate, verified police reports, copies of which are presented to our attorney of record, James C. Easterly, at least one week prior to November 1, 1995 hearing of our cabaret license application by St Paul City Council, and to City Council members prior to that hearing. �O �v � `1_\ Date /o - i D - 9.S Date �� -�� J CFFcNSE INCID�NT F.EFORT 7. �ocati of IncfCent: �� IV `L�� Time 8 Date of Oca � :ss 2. Occu:red y �At ❑ Between� �i-J� nrs on (77 �� Arrest(s) Made: � Yes _ '� No Time Date # (it I Other I stance Encounteretl: Weapons Used By Police: � None ❑ Yes ❑ No Chemical uit Engaged In: � ❑ H=��'s/Feet � Siungun ❑ Yes ❑ No ❑ Firearm � imp;ct Weapon � other _ if Arrestee is a juveniie, write "JUVENILE' in the name boz. If the victim is a jwenile, the victim's name, etc. is filled in, unless the jweniie wa victim of a CSC or child abuse. In those cases, just write `JUVENtLE' in the name box. A{so, do not Iist the name of an adult vietim of CSC. If a victim or witnes5 wishes to have their name kept private, and the otticer has reason to believe that releasing the person's name would . them or their property in jeopardy, check the'Request Non•public' box and leave the name box blank. 1``, Name (L2st, First, Middle): � ��l�Y 1 1 a nSbr'1 Was this person ta en � Ye to a health care tacility? �� Name (Last, First, Midtlle): Was this person taken � Ye� to a health care tacility? � No '� • • Name (Last, First, Middlel: was m�s person faken t0 a health care facility? Was this person taken to a health care faciliry? No � i�.�i � �- care facility 8 Ad�ress: � Address: care fac lity & Atldr_ss: Address: • I/S/s S care facili:y 8 A��2ss: -..�:�:es.`t�o ! ' -� czre'ac,ii:y i %-�.rzas: ❑ A?t?mpt I 3. Locatron/Business: T}tA�v H hrs. o n ❑ On view ❑ Wa C N. e p t �� Unit: � F Other c Jlo - c?51 / SZ6E0�55 i��i �l�l �iEii �6{�� '. ��i�� I�� i{ ��i �il�� Atte� of Issued: � Yes �wcvp (if other weapons Used By Suspeci at Tme of Arrest: -� None ❑ Edged Weapon � Firearm � Impact Weapon ❑ Explosive � H � 6[her � � S�-1sy � nequest Non-pubi ❑ Request u...._....�.�� Request � "-- -_�.. Ll-�S_. 44T �T?��F � � : �Y' Pz��'.�_ W_1_�� R2it?_.Y� .(J�t-kt� � "1 �� 1r�1�. �.11�, ��_ t�.'.'�9'J--�L JS �;��,'�O __ �. "�Z(�'r, �� U P_ , _— -�- —�.�? �1E2__'�" - �JE__c� CS-Di,� 7� -- W �uv� �^� C1�C., � ?�t L � S� L�t��. Td _ �y At.t i,�' _ . '� S� 1� 6�'s� �7- c�r�r c� ��.- - _ --__. Sv Case: Assigned ❑ Notetl CHF Hom _Rob _Jw _Coord _ID _Lab —Sex _D/C _Burg _Theft _Prop _CAU _F8F _CO _Rptr _Vice _Narco _SIU _T&A _Other - - � -�� i�� —T' S��- _Auto _,DAO Page 1 pM 620-92R , ❑2 na v�cttm p wmiess sex: SusPect � Missug Person � � Men � galp Q 1(�Y � a� a�� ^ ❑� Q� ttaa�, Q er°w^ � waveY/CuA' � a� �o�,�,o� ❑ sarar Q raea�mr ❑ Y�RHte ❑ {p�9 Map�c 7 ❑2 fl3 �� : -°.^I. Isian BIxJc tr�d�an Mea;en NR� Ff�amc � � @vNn-[i &ow(tNed �-� � Pale �Y � ❑ CJean St�e � ❑� Faticlp,s � � G�Ses ❑ � � ��o �eh� Pockmark ❑ Rght Hantled � � OUiEr _ SCar—�acel Y�� ❑ Witness SusPect ❑ Missin9 Person ��Y ❑ Medum ❑ Slender of V�chm/Gu2rdizn. None � Fbssibie 4�bnuF �� severe Lacerafion PunctuR/Siab c�,rc,ha Other H1apr In�ury � �,� Fiead �� ,� Neck Torso eack TorSO Frpn( � f3D Irtmx�W(ed � � u��,,,� Conscwus Unconscaus DOA ot Y�ctim/Guardian� Paul Ri ) Y S R., City. On Arrrt �, � On Fiatd OMier __ �:,;_, � NumbPt Rctu�elDesgn �� •� �rnn�nrg reatu2s Tatoos: Iri7ury Type: 'Bald ❑ K�Mcy ❑ A16ino � Mne ❑ Cl�n Sha�en Q On Mm ❑ Norae � ❑ a�a� p e+acx ❑ evmr�rx ❑ swae ❑ o� cnen ❑ M�„o. � so-�+r ❑ e��v p r-�� ❑ a�a ❑ a� r�m ❑ w�wwe i��e.�ai &ow^ ❑ WnpY/Cwt�' ❑ Brown-Metl. ❑ �lasses ❑ Moustaclie ❑ Other ❑ Aooa�ent &oken Bories � ��_� es � � ❑ M��a� ❑ Loss ot Teem Retl/AuWm Q Short ❑ Olive ❑ P�erced Earls) Q Left Hantled ❑ Name i � �Y ❑ Medwm ❑ Pale ❑ Se�w•e ra[ion ❑ Pockmark � RgM Haotled Q Number ❑ o„„�re S:ob Wfute � ❑ �Y ❑ Srar—BOdY � OtBer _ ❑ Pictu[e/Des�n � � �u�c'ot ❑ Scar—Facial _ ;:�e: A!alor Inlury ? ❑2 ❑3 ❑V�m � e Sez: M St. Paul � ❑Y � �� ce: Hair — 0.5ian � Bak ❑ Kmky Black ❑ Black , Q Recetling IrWien � Bbrq ❑ Straght �z'�� ❑ Brown ❑ Wavey/Curty Wmre ❑ Gay u Fatl <�e.:-Q S�cn Medium ❑ Slender AIO�no Btack ` &own-U. &own-Mptl Broen �an Ohvp L U No�e ❑ Arms/Hantls ❑ Head ❑ Internyi ❑ Legs/Feet [] NeCk ❑ Torso Back ❑ Sorso Froni —/� Sa6er r+eo krtoxKatetl NcoF�ol Orugs UMcrpwn Caiscpiu Unconscious DOA ❑ A�re ❑ Clean Snaven ❑ On Arm ❑ S�rthmark ❑ No � ❑ None ❑ gpb� ❑ Stubbie ❑ On Chesi ❑ Minor ❑ Fr¢ckle5 ❑ gp,ary ❑ Armsi HarbS ❑ HBD ❑ GI355e5 r� �� I❑ PoSmble Intemal � k{eatl � �ntOxicatetl ❑ oustache � p�ne� � p�parer.; 5��„o g��s ❑ Internal � Akohoi ❑ Mol�s ❑ 1^�qal ❑ ! 055 ?f Teeth ❑ 9prtEC Eanc. I Q Le9s�feet �] pru95 � � _ ❑ L=_': Hanos� ,[] Name ;` S�.ert Lzse:z:�c^ �ec� _ �G.� ,. . ri F ... y . . i;� .. '._ '� .. . — _ n "'n9Gw� � _-S L ' _' '". j u:oc�.,� � L; S D,plex. icw-ro^e � �✓�JIIi. 11: c(it'12^:5 ❑ Ga2� ❑ SneC�Stmz?e 3u�i�in� ❑ Vvtl ❑ aomn � Roommy Hq;Se ❑ Gropp/lialfw�y, NuSng ❑ Vernde CJ.vEO�2�CE$iJrE r'�JP�rty� .."`' .. �?+�^.'�P�: �SC�un; $:J2 i u Ldnk Q2dM1 UN00 Drug S:ore ��cery5tore'S:Ae�-��: � Comnie`az: h:_r..ai LiquOr StofE � �mme¢r31 Yor� Servi�e/Gzs Siztion � ��A�Uf. S.:E S:M ❑ Hospf�al Specvlry Store � p,yice-Comr.iercal Venicle ❑ O`fiCE%DoCw ❑ aarkhu Lo:; Ramp ❑ nem,�. Stor22E �==.Iity ❑ Venkie 'c .c ❑ Bar N Tavern ❑ No�ei. Motei Etc Vehi�le v_+c:'.rc + r„pliC Prpp2r;y ❑ Av. 3us. Trein ierm�oai ❑ Govt.�PuDec B4g. ❑ Jail: Pr�sor.. Dete�t�on ❑ Otner Pobrc Foaeny rceugiousittlucational/ 'Pubhc Domam: Recreational: ❑ FiefCS: WooCS/PZrks ❑ C�urcn.5ynzgom�e�7emye ❑ H�g.azy.SVeEt:ir„2C R:ey ❑ CWb%Fratemity:Rec CentEr ❑ I.zke!WZte�way ❑ ScMOVCaie?erUnive�s�ry ❑ Cther Pubrc Domz�n ❑ U�knp�yn r�l /�. ! ; F•06t O :.�.C:: � _� CeC ❑ �ezr 000r ❑ rac! Fomed ❑ SiCe SvC DCOr � WC Ins�Ce ❑ r' � Pa:ic Door LJ �I� D�O� � Ur.iO:.KP� Cq � Front Wi�w � Lc:k Wemo., ❑ Rear Wir�pw � Holp In Ce�iir ❑ Sitle W�npow ❑ �sement Wirn�fow ❑ Other W�n�oN. ] Other Po7nt ❑ Unknown PortII Numper of Premises _ ----- �..y��,,,.aw��ymsc. oiuncinstruments: Burglarylnstruments: IMiscellaneousinstruments: F+a�a9u� . p sem� ❑n�no Q Axe/Viatchet �&ick;Rpck,ldiss�le p aonume. � Rrfle .. ❑ PiastK Str�p � Q Brzss Knuckles � Motor Vehicles ... � Semi �Auto Q 3ottle/Glxss/Etc ❑ Nammer ❑ prill ❑ Pliers/Vise Gn05 ❑ ComoNer ❑ Poison/6as Shotgun ❑$emi �AUto Q ke PiCk � Other Blurrt i.ut � Jimrtry/Prypar Punch/Chisel Firearms. Not Stated � Knde �Club/9at: EtcJ Q ❑�u5s/Narcotics ❑ Roce/Bi�+tling Inst ❑ Fiammer ❑ $crewtlnver ❑ Expiosrves ❑ Other Firearm.Other � $crewtlmer Ke � Cuttin3lnstrument Other � Y � a�r Burg. Tool � Fire/Incendiary Device _ _ ❑ HanCS/fistifeet/Etc. Vehicle � ❑ Abandoned Status: ❑ Damaged in Crime AMC ❑ Jeep gWCk � Vppp�p CatlillaC ❑ M¢nCur Cr.evrolet ❑ Mercury Chrysier ❑ O1tl5moDik Dodge � Plymouth Ford ❑ PontiaC GMC ❑ Saturn ❑ Other _ ❑ Autli ❑ BMW ❑ Datsun ❑ Fiat ❑ Hontla ❑ Hyundai ❑ 15uzu ❑ Jaguar � Impounded O Recovered ❑ Kzaesaki QSxab ❑ MaiCa ❑Subaru ❑ Mer�E�es ❑Suzuki ❑ MG ❑Toyota ❑ Mitsubishi �Triump� ❑ Nrssan �VOlkswagen ❑ PorsCne QVOhro ❑ Renautt ❑Yugo of =_iationship; ❑ Spouse :heck onry t) [] Fomier olation of Cqurt Order. � ❑ Yes ❑ No Can Suspect be Itlentitietl? ... Wdness to the crime? ......... is Stoten Property Traceable? Gime Scerie Processed? ..... Photos Taken? ................. Roperty Turned In? ........... Evidence Turnetl In? ........... Yes ❑ No Aefative Shared Chitd � Yes . ❑ No �] Yes . ❑ No ❑ Yes .'�] No ❑ Yes . � No ❑ Yes.� No ❑ Yes . �No ❑ Stolen ❑ Theft From Vehicle ehicle Type: Vehicle Size: ] Comenible Q Sub-c0�0a:'t ] Hartl Top ❑ Compact ] Hatchback ❑ Mitl-szetl ] Motorcycle ❑ Full-size0 ] Pickup ❑ Stalron V✓agon ] Setlan ] Truck ❑ p[hrr ] Van ] O�her ❑ Used in Crime � Other _ _ ��9e ❑ Goltl ❑ p�ryle � 7 � g❑ 5 Btack � Green-Lt � Pi�g � p Q y Blue-Lt ❑ Green-Metl Q Red BWe-1J�ed. {� 6reen-Dark [] Sitver Transmi5sion: Biue-Dark Q Gray ❑ Turquorse D ANOmatK Brown � (�yentler � WhRe ❑ ��ual Covaer ❑ Maroon ❑ venow Shift Location: Cream ❑ Orange ❑ a � r - ❑ COlumn uio vwner quow Anyone to Use Vehide: ❑ No ❑ Yes Value of Property: tt Lezs=tl, Company. Date of Last payment ECC Broaticast: ❑ Yes ❑ No s. - -- ❑ Friend Oivi�9 together) ❑ Other — -� Friend (formerly livirg together) -- Arrst'o� ci;izen) ❑ GOA ❑ Maybe ..... By Whom? � Yictim - ❑ Wrtness � Po��ce Victim/Suspect Relationship: ❑ None Type F ❑ Analysis-Narcotic � ttems to be Printed Cs �1=// �.z Bias/Hate Crime? ❑ Yes � No Sias Moiivation: ❑ Age ❑ EtAnicity/National Origin ❑ Handicap ❑ Raciat ❑ Religious ❑ Sexual ❑ Other Q Flppr Y N ❑ Q Antenna ❑ ❑ $attery ❑ � C.B. Radio ❑ ❑ Doors Locked ❑ Q lymtion Lockec ❑ Q Mobde Phorie ❑ ❑ Ratl�o ❑ Q s;.a� nre ❑ C r�oa a�-�a- ❑ O r�uoa ��c ,. a: _� I �, i � \ I t C `, ! I � , :1 �_ Yes ❑ No AccePted Document: � Address (Street ient�fY SusPect: Reason Doasment Relacted: Yes ❑ No ❑ Forged ❑ Acct. Cbsed ❑ N.S.F. � Idenhf�canon Used: Check or Receic Ptwne ❑ In Person � ❑ IMnzatron (Doctors Signatur= Yes � No ❑ Chnic ss on Pre 4�A ❑ Yes ❑ No tree2, City, State.: -� ..,'i"7S"f*a I'ST^7`�^...-'T� .�- � . uate on State. Zip): Number. of --- ---- ------� ••��v�� cx��vnon: ausPect tteceive orug: I Name of Dru9� How Drug Paid For. � Gedit Card ❑ Original ❑ Renewal ❑ Yes ❑ No ❑ Cash ❑ Check ❑ Welfare ID •�• � •�• �, � . Owner Mem � puantity Article Brand Model #, Serial #, and/or Description Value Date Property --_.___._- . Recovered Code C �� ` � �... � - _- - - 9 -ay� AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION I hereby authonze the release of any and all requested metlical mformahon to the St. Paul Police Depzrtment, inclutling copies or photostats of rnedKal recortls I concerning my treatment Patient: . D.O.B. _ Address: Date Signature (Patient, Parent or Guardian) Attending Physician: Daytime Phone #: _ Arrest Number Last Name First Middle Address DOB Age Sex Race �� CK� O 2 �l) ` 1 O � � r �aae 5 .. � � — � - -- � _r- .----- -- - .c --,�_-_ ,'!,. =e�a ! r�_ GENERAL REPOFT ✓ '�,�,/ (J / G�� ay Non � ate Year i ime. �G,.a... E m. - sa � � �- l�? - 9r I i.�ov � S`/6 i 1�Cv �.1�� f��.�,�,� I� C�ass. I LecaLon of Call: ^� Locanon of C:�m Scene: ',�me c`. 4r.es: �� __ � �l_ / � LC� K I I, � Oecurted L,� At 3etween- �a hrs. on and hrs. on I: (^/� i ACCresS: J D�socs:!wn: -necords ' _ '"nme Lab ui rroperty Rocm � �-�,�r�� .-..� ..�r�fu.�-� � , g� �1 �.r � w�-� o �- ,8�.� .�� -t � �,� �� .z 7r u.��'v� ��, ��.4-�E , �_ �� .�a-7�� .'� �- ��-- ,�� .�•�-` �ro�� 1.�� a�- , �'� f<�, l� � � l.�.�� /G ��.. �,d�,� , �,z., � ��, •�_�,� �t�- , i.-�X� � �.s.,�� (-v�-r�: � .� L � �� , z � ,:r �r�.�. ��a �.� � �� V,' e-�.v.r�. e..�-c /�l�'�u- C��u. �c..v.' �s��c �Orc Dr� f�� es'�,�Sl,:�lc �..t�f uJ.// � -��• ��-2 �-�--�C ��l..r, `�`" ,-k %' ""`�L-L_ �if7P�J /.f��.-'� V c�Glti�-C� � �LD7 .S�Iv� �� .L.��llij�c-� �r��er. �,.� � �i�.4��-- G r o u-�f a� ��1 ,� k� ��I of �Q ,/� � i / �!'� /7.�% /�'y� ?/�1�-�e.(� l.t� �� : '{� rLc.GGT LC�Diclsti� [ ' a'1'� I��`�,.� Gµ.`rt�.:ws�-��, �h.v GL/�fsC wv r`�� r � S�r.�... f �' � %�. 7�'� � J �---� G �.� ..( �� O � �-f �� 1 o r,c, v�- .f , �. / �IT�-�L,:/ � �...� u�.1/ f�.�. �, � �c.w-�: t d/d0 lGV�, vz.. D.Zl1D`c.r' . ��ck.�`� oyt,, f�, � G f` v u.�. 7� a cu,v� r1 12�9v� t�lca �"�� on�� Report Reviewed By: � " +�� Emp. No.: O.T.: Typist �Yes � No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ 7aem � ❑ p ❑ D/C ❑ Burg � Thek Q Prop [�1 CAU C F&F Q Auto ❑ DAO � CO � HumServ R tr ❑ Other PM 621-92R <�i�' �� <<- � ° _�ti-�N��:�_�:,-,:=:��aE 9� a�i O�f - �u- ��-- �o" � �'��f-� t 2/' f �U 6uD�`� 4Yt_ �GG�,� � i'-i � `� L �, '�or�fi� � , Oh- S� - f� ti, sue.,�-� �e�..,�e�f d� � ��J �1, �,Qo z � c�--e_. �a ��2 �C - ��- • � o�_ �� f�._� �� h��. �r .�w� �`�c. 9- � S— � y .9�r� s¢rs� o �.• �-�. .1 �� 7 r� ��-�- y , t�, �►�-e, /��`�re.«� s�� C�lw� ,��- f�,� �� - �v �r� vue�-,�tw, v� � f� /��-� �1�G �/g"� �'�U' G c�. � f�'D TfZ.e4K•lL �f�0 /v33 �er1k-�_ .r.� . p�� (� � � i rL �D/`- ILyA� �!>6� �2tC_ Tkl�'T T�`��/-� `�,Q� Gc� � ��- �f � � /�-- o lLl e.��-e r,f � �- ` �, // ,�� o . = c�-/i-� � �- ...t'Q��.l �G �../.r�rrf � -er�o w �Q � ��f f �v �� c�-1', .S�v �} ��- � �a� .2�e�•.� -e.H s � ,� .f �c1 rr y-' � l�l-t ,8-'-f- - f � 1 -f � �C - ,(�s� . �2._ _ �ur� �`d,F , ac r�..c � � t- �G�, �-c_Q _ _ j �� '..� ,�.��. �" - �.'L �d N l.G�l�- T � �l . liL�L �i-,:?- � �t_ SLt� u,vt Gc� � /�v /�C� �. 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Kesule ��f in��csi�Fation indicatcs �l basis fOr phdt05.' See narr:+tit•r repor; acc BChFtI in clariFication of recommendannn. � lnvesii,qatinR U[ficrr ..��willkbRrit '({EFort Apptoced __�Vl.d H Kading L�FtY�@I'Id11t �28331fi X,icrnse Ucca�! #�7636 DepArtnten[at Itecommert;iarian Appreval With Cariditions SHER'a4AN BLOC K, S�I�KIFE ��. ��. Rorv�ld C_ Black, Captain Bv Speciai S,nvectiqations Bu�Qau/c.icense Detail �( 7i'¢[1i/ir�n nf c)c�ruit'e t�uicniu uf �Cu� �t��rl� �heriff's i�rg�rtmcnt �ranqu�srtrre �37pt3 �?amnnz +�uulrbsr�? L[CENSB UI4tT INVE5TIGATION R&P�RT ��x - � �� 2'0 s FFtOM: I?A.TE : REs � � staf +�por HONORASLE MAYOR ANb M�T8ER9 RO$�A� CITY CQt3NCIL FRANX G. TRIPEPI, CYTY MANAGEIt �� SEPT�EZt 20. 1994 APPROVAL OF' ENTEI2TAINMENT PSRMST FOR CAFE SINFL 1�fINF3, 3365 WALNUT �ROVE, #B . 9� �+� Fursuant �o the Rosemead Municip�l Code, an Adminiatrative Hearing was held on Sept�rnber 6, 1994 regarding ths approval �f an Entertainment Permit fOx Caf� Sinh Minh, 3365 Walnu� Grov�, �B. TItis estabiishment is a cafa �erviag nan-alcatlaliC beverages, The owrfer wishas tc a11ow oustomers to sing wit3t a"k�Yaoke�' auaahine. The x¢quasted hours of eperation ar� Sunday thraugh Thursday, 9;00 �.m. to Midnight and FYiday arid Sa�urday, 9:04 a.m. to 2:OD a.m. 2here was oppositian Prom the neigribors at 3355 Walnut'�rav� Avanue due to po�sible naise prabiems. �icense Investi9atar, Steve Wi,1lKamm met �rith '�he n@ighbors and the c$fe awner at the location in bY'der to detpxmine �rie volum¢ sebting on the karaoka machine. Cvndition rumb�r s addresses that proY�lem �o Che satiisfaction of the neighbors. Staf� is r¢GCtmmendirtq approvgl of the EnterC�irunent Permit Cbtttingen� upnrt the attached conditions. Attnahed for your in£ormation ase the follawing itemss 1. I,ist of Ccndi�ions. 2. Copy of the Sheriff's report. Department License netail Investigator's 3. Co�ay of the minu�es of the Admiflistrative Hearing on Septamber 6, 1994. R8CO1S1l��A'PIO14 � it is recommended that the �tos�meac3 City Council grafnt an Entertainm8t]t Permit to Cafe BinYf Ntinh, 3355 Walnut Grove AVertue� #H. FGT:js Attachment A:0913947(4) L AGE�1�3A _5�t" ;C 7 19�4 iT�M �o. � . CC -G� �x-�� 9�-ayi CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 HEARING NOTICE MARCH 12� 1992 10:00 A.M. APPLICATION FOR ENTERTAINMENT PERMIT CAFE THIEN NGA 9241 E. VALLEY BOULEVARD ROSEMEAD, CALZFORNIA 91770 Notice is hereby given that pursuant to Section 7.36.140, of the Los Angeles County Code pertaining to Business Licenses, the City of Rosemead will conduct a Hearing to consider an application for an Entertainment Permit for Cafe Thien Nga, 9241 E. Valley Boulevard, Rosemead, California, 91770. The applicant is proposinq to provide a karaoke machine for the individual customers use. The proposed hours of operation are Monday through Thursday, 12:0o p.m. to 1:00 a.m., and Saturday and Sunday, 12:00 p.m. to 2:00 a.m. The Hearing will be held in the main conference room at City Hall, 8838 E. Valley Boulevard, Rosemead at I0:00 a.m. All interested persons may appear and be heard at said time and place regarding the subject matter. �� _ � � �'�, 9� -ay� CONDITIONS OF APPROVAL RECOMMENDATION FOR: CAFE THIEN NGA 9241 E. Valley Blvd., �106 Rosemead, CA 51770 (818) 309-0631 It is the recommendation of the Sheriff's Department to approve this application with the follwing conditions: 1. The entire premises is subject to inspection at any time by the Sheriff and/or authorized City Officials. 2. The front door must remain closed at all times while Karaoke entertainment is in progress. 3. Under no circumstances will alcoholic beverages (open or closed) be allowed to exist anywhere on the premises. 4. No alcoholic beverages will be sold, consumed or allowed to remain once discovered. 5. No physical changes to the floor plans without Sheriff's and City approval. 6. The business will maintain a City licensed entertainment manager and/or listed owner at all times while the business is open. 7. No dancinq wi11 be allowed on the premises. 8. No use, other than expressed clearly in this investigation will be allowed. 9. No x-rated type adult films to be exhibited at anytime. 10. All persons singing will be amateurs and not compensated by the establishment or receive "Tips�'. 11. The front doors will remain unlocked at all times while the establishment is open. 12. At no time will the posted capacity of 70 persons be exceeded. 13. The establishment will, at all times, conduct all business activity in compliance with City noise ordinance. ��g� 9� ay i Page 2 of 2 14. Hours of operation of the establishment will be restricted to Monday through Thursday (12 P.M. to 1 A.M.) and Friday, Satur- day and Sur.day (12 P.M, to 2 A.M.). 15. Any non with the above condition and/or any applica- ble laws will constitute grounds for suspension, probation, and/or revocation o£ the entertainment license. I acknowledge and agree to these conditions of approval. Sign� Witni Date _Z 1--1 7 — q �, Date ��— //' �J"� ( 3 C�� iiCT. -5�;' 9� i.'�iUll !;� �; r,�� .,� v�� Mayor Pro Tem ��g.=rt! Clvk Caemdlmembera R� Nt. 6n,ca.. Jay ;. Imperial Gary A Taylor Fax #: To: From: Date: Re: C I Tl OF ROSEl1E 1� TE1�818 �G 9?18 F. UU1 9e a4 i C'it o �osemear� 8838 E. Valley Boulevard Rosemead, CA 9t770-15,53 Telephone (818) 288-6671 F� (8i8)307-92i8 Fa�c 1'ransmission Cover �heet �ia. �30 � y798 �uo�G- ph�vJ UA� �r��vL'�2� O -30 -4.� Yau should receive 9 page(s), inclvding tbis cOver sheef_ ff you do not receive a// fhe pages, p/ease ca// (g�8) 288-&S7i. r� �� r� o- � ; � . ., .-=�,e�) � eoe � �;-- `'� e�'�?�>�� st �f TO: HONORABLE MAYOR AtiD MEAfBERS ROSEMEAD CITY COUNCIL r� ,.� � FRQM: �K G. TRIPEPI, CITY MANAGER DATE; MARCFI 18, 1942 � �t�.vo2 �- �� ,; '�� / a�'fl v y� , ,, �. �� APPROVAL OF g}�gp,p� �NTERTAINMEr7T pERMTT FOR CAF� THIEN NGA, 9241 E. VALLEY BOULEVARD (AppLICATION RECEIVED PRIOR TO cURRENT MORITORIUM) The awner of Cafe Thien Nga, 9241 E_ Valley Boulevard, applied for a entertainment permit on October 25, 1991. Section 2 of the current moritorium orflinance states "This ordinance should not apply to any application filed in the City Manager�s office on or before Nove�aber 18, 1991.�' Pursuant to the Los Angeles County Business License Ordinance, which the City af Rosemead has adopted by reference, an Administrative Hearing was held on Thursday, March 12, 1992, regarding the aforementioned applicant. This business is a Vietnamese cafe serving non beverages and snacks. The owner wishes to allow customers to sing with a "Karaoke'� machine (pre music absent a voice). Staff is recommending approval of the Entertainment Permit contingent upon the attached conditions. Attached for your information are the following items: 1. 2. 3. 4. List of conditions. Copy of the Sheriff's Department License De�ail Znvestigator�s report. Copy of the minutes of the Aclministrative xearing on Marcri ].2, 1992. Copy o£ a zoninq map. RECOMHENpATION It is recommended that the Rosemead City Entertainment Permzt to Cafe Thien Nqa. FGT:js Attachments A:032492j(g) Council grant an I L ` Q�.�i�d�l� f;i: i_ ---- � ?` � ' - ^^n � ,..._ . . ��_� � i I 1 �_,��; F��Q .. _. . -- - � .-- --- -- --' I �-� � �3 C�� OC':' -�U' 95i!iG\i U8 55 CITI OF RUSE'.1E.aU TEL�818 30" 9?18 ENT�'RTAINMENT PERMIT CAFE 'PIj2EN NGA 9241 E. VALLEY BOUI.EVARD ROSEMEAD, CALZFpRNIA 91770 P. GU,i 9�-av� I, Duonq Phan, owner of Cafe Thien Nga, agree to the following as conditions of approval for a Entertainment Permit for sazd location: l. 2. 3. 4, 5. 6. 7. 8. 9. lo_ 11. 12. The entire premises is subject to inspection at any time by the Sheriff and/or authorized City officiais_ The front door must remain closed and unlocked at all times while karaoke entertainment is in progress. Under no circumstances will alcaholic beverages (open or closed) be allowed to exist anywhere on the premises. No alcoholic beverages wili be sold, consumed or allowed to remain once discovered. xo phpsical changes to the floor plans without Sheriff's and City approval. The business wi11 maintain a City licensed entertainment manager and/or listed ownez at all times while the business is open. No dancing wili be allowed on the premises. No use, other than expressed clearly in this investiqation will be allowed. No x-rated type adu7.t films to be exhibited at anytime. A11 persons si.nging will be amateurs and not eompersate@ by the establishment or receive "tips". At no time will the posted cagacity of 7o persons be exceeded. The establishment wili at all times conduct all business activities in compliance with City nvise ordinance. i3- One City licensed uniformed security guard will be provided Prom 8:00 p.m. to closing on every Friday and Saturday to assist in monitoring and assuring compliance With 2icense conditions and prevent loitering on the premises. �3C�� ,.,.. ,. _._� � 9�-ayl -.i:� UB �J CIi1 (1F R�JSElIE�O TEL 818 �0" 9?18 r.IlOd 14. Hours of operation of the establishment will be restricted to Monday through Thursday, 12:00 p.m. to J.-00 a.m. and Friday, Saturday and Sunday, I2:00 p.m. to 2:00 a.m. i5. Any sign modification advertising entertainment must have the Planning Department's approval first. i6. Any non-compliance with the above conditions and/or any applicable laws will constitute grounds for suspension, probation and or revocation of the entertainment license. I acknowledge and agree to these conditions of approval. CAFE THIEN NGA l -- - --�� :_.----� �'�_._- . Duong Phan � pated: � •- I � � t? � � �� '�;T -:;0� yS(110ti1 U8:56 CITI� OF RUSEtiIE.�D TEL:818 ;;�' 9?18 P. 005 9� -�yi 1 41"tlU CEPAR AYENUE. EL "'iOtV't'E, G. `L'LLQt, MA]E FRR[3CF5 7po N. EVII2QiEk27 S2REEf. BURHANC F ,,. o . � COUNTYOFl,OSANGELE$-SNEFiFF'SDEPAFTMENT F.e...,�no. '-�?-o4s34-05?L-446 LlCENSE 1NVESTiGAT�ON REPORT � '�001�pt»n F0� � iNFT7RNu.I, 2PfE4T7'�M�N'^ ([(AjypµftE-ptWTE'.TR SING ALOGG T:7 C0.,°E B p. CAFE '('hIFN NGA oro.n�x.um o.m.00raaan AaCmf Fyt � 02-0Cr9 n...ry Dm �amrmrmon Dm O�na Contcr.a 02-06-9: E.w A..tiyd YH ❑ NO oe�a-sz `vie2iii Ew AnM[q MQ2. vn ❑ rvo Q� P09 P4de18�� 06-03=72 GL�ID: E.w Anhyj Yh ❑ Np O DOB viq e� B•� Ewr Am`t�u Yn ❑ No � OOB p� E wr I�rteAM �'6 I�I No (l ._'Mn+ s+p •n+qnr ae VmeMs � _ . _ \ \�___�_�f//� � O�,T -JU 4J I)IJ1I UR � J6 CiT1 OF RUSEl1E.��J 16-d4/ P. 0 iJ (i TEi:818 ,;U" °?18 1 D�p _"""' "'°�""°°" The bu�iness i� locaceri on the firs[ f1�r af a tvc-story muiti-uee _(cortonerciai/effice; bUl:dina. Th2 closest resident3al dvelling is approxi�raceiy _ fPee [o rhe UAlyfl The mdin bcx5"ness i v"eCndlne9e st�le cafe seCVirb non- alroho . certe�aqes (teag, �uices, ShdkE9, so°L dCitlksf ard snacicn. No Euli or oar[ al rreal' v' 1 F,c ?n order �c enhance business, the z olicLnt desires [o �rovide " oYe° �9ma n e- irid.vidual-sinS alo co pre-recorded music absenc a voice). As an incuviaual si s ineo a microphone frpm hi3 seat, he can cead lyrice as pro,ected on a larqe te2evision m�nicor shouing music corcespo�ing videos. This foczn of entereainrc�ent is increasirn7 in pulari[ in `ood and dr.nk e3t3h1?Sttment9. TnP applicant has receivea a Copy o£ the Cit entertaicmznt and uoise ordi�nces. T�e applicant o�er_<[and= thac he is respor�ylble for mazntaini'g conCrcl (and oraec) insiae ar�d che cucside of the premis2s ;parking lot inciud�), - �=hz C'✓nEC '.35 hired a eq�QY:LiM�en� maq3y^0c to a59t1�2 hi5 rea nsi � Po bi1�[ie� in his 3hsence_ ?'he aPPli�ant has a�recy eo and s.aned a Co�itienal Aoproval_ The nusinese vil: r.oc vary in any way o:her char, revealed in the 1�cense investiqat:on report. ?t =_ :he recorvnenda[.on oi che Los Arne_es Cour.t Sheriff's De c*_menc [o conai�i ;� T app:eve [nis anolicacion vith the follou � madie'�ons- - (s� ATrp,c�7 ��GT -aU y5Cd0�1 08 �" CITl OF ROSE�Ic�[f TEL:818 aU" 9318 MINL'TES OF TH� ADMINISTRATIVE HEARING FQR A ENTERTATNMENT PERMIT CAFE THIEN NGA 9241 E. VALLEY BOULEVARD MARCH 12, 1992 P. UO' 9� - d�/ The Hearing was opened at 10:26 a.m_ by the Assistant City Manager, bonald ,7_ wagner who wanted it to be noted that this application was submitted to the City Manager�s office priar to the moratorium. M_r. Wagner then asked Steve Willkoaim, Los Angeles county Sheriff's License Detail Investigator, to speak on the results of his investigation_ Mr. Willkomtn e�cplained that the business was lncated on the first floor of a two-story multi-use commercial/office building. The closest residential dwelling is approximately 25 feet to the north of the location. The main business is a Vietnamese style cafe serving non-alcoholic beverages and snacks. No full or partial meals will be served. In order to enhance the business, the applicant desires to provide Karao;ce style entertainment. t!r. willkomm also explained that the applicant understands that he is responsible for maintaining control and order inside and outside of the premises (parking lot included). The applicant has hired an entertainment manager to assume his responsibilities in his absence. The applicant has also received a copy of the City's Entertainment and Noise Ordinances. Mr. Waqner then asked if the Planning Department had any comments on this business. Brad Tarr, Assistant Planner, asked if the karaoke machine was coia operated since this business already has three coin operated video games and a fourth machine would require a conditional use permit. Trie applicant stated that it was not. Mr. Tarr then requested that if in the future the karaoke machine was going to be a coin operated type of machine, that the applicant would either eliminate ane of the video qames or return to the Planninq pepartment to apply for a conditional use permit. Mr. Tarr then requested as a condition of approval, that if any sign modificatian occurred advertising the karaoke entertainment, the applicant nust first have tha Planning Department's approval. The hearing was closed at 10:38 a.m. Respectfully Submitted � , f ♦ �' L � ��t �'�� J � -� - Staff/.7an(53) `? X� � 3 `�� CT. -,;U� `;��C+If�11 �8��" C[Ti� OF R�S6�1E.aU TEL 818 �U 9?18 P. G�8 9� a�� - : ._ � - . n �4w S �i_ � �� J �. � —� �•«� �ti � Y_. '-+��_�.L APPLICAiION FOR: N�W LICENSE ey RENEWA� ❑ ^ C�-1ANGE OF qOORES$ !—I (( T�'�E OF 6[15iNE55. RETFI_ ❑ MF.^�. ❑ RROFESS�ON.qI � GCCVPAT:ONALG � OTHER C • • . l BUSINE55 NAM� (OBA) ' (.�t �t" �� /CN n! � 'Y� afIONE �l !� / ' `iL� `I — /iG � 1 BLISINESS FFk+*Fc55 �I � �' I �. { -A i i F l � ��• � t ` - y',� i�'E �:c� � C. �( 7>� ._, f OWNEft/PRESIpEN7_ -S71.1C',ti/F } ,L..�(+ � PHONE � soc.s�c.s ��:�..�, ,_ , % 5 ��ORIVER'$LIC.�7F�lJ�� /3<r L .7ATE i PLqCE OF 21RTH �� - S r - i — H�'SS WT�QNAIR� � NOMEA�ORE$S -�t EYES � � t SECONp OwrvERNICE PRES. NOME ApORE$S pHONE STATE BO. OF EQVALIZATION ; r 7'] L}._f � 57ATE LIC. • 9USINE55 NAMEpN {3F$qLE CERT. _�'�}Y'C I ti/Fili �� DATE STAR7E0 OR PVRCMASED �L� L y I�� i�i rf 1 � y y NO.OF EMOLOYEES I fiO.OF VEHIC�ES LICENSE PEE "7` �� NO.OF VENDING MACHINES i1.�0 N� aNONa �) [i�.. L OERMIT FEE � BLDG. SqUARE FOOTAGE PAPKING SoqCES��_ OFF—STREET .1:f)/LY pENqLTV � JN�ER P�NqLT�' OF PERJURY, I OECLARE THE A80VE $TATEMENTS TOTAL DUE TRUE ANO C�R ECT. ` �` _ MAKE CMECKS OAVA9l.E Tp: $iGNATURE � �� --4-- -=� -l�. _� OWIVER, PARTNEA OR OPFICEFZ City of Rosemead � � l.i�LS of Rosemead 8838 E. VALLEV B�Vp. R�SEMEAD. CALIF.97770 2996677 `_ 1 BUSINESS / PftOFESSION ! AND TRAOE LICENSE qPPLICA710N ( pENE4VAL. 1 ... �.� ORIGINAI ..� T�'DE OF 9USINE55 . IBt151NF35 CO�EI I ��ATE OVF � C/'v /C/�/+�t'�/V�It��` � i I9u5irvE55 �pcqriON � BUSINESS NAME AN� MAIL(NG QooaESs . \ � TMn wii! notify yoa et Rie exo�re[lon ef your Bus�ng�] Licenin. If e new licentu is �et CeAred, plyafe nOtily Ma F�ppnG¢ Dep� so tnet [he mcard: of Ma C�iv may he cerrec�ea xcorAingly. THIS LICENSE tS OUE AN� PAYpBLE pN E7(PIRq7�ON. AC�OUNT NO ZS% G90ED ON, UP 70 6ll DAYS. PFTEA I 60 DA�'S, NEW qPPLICATION FOii LI. CENSE MUST BE MqDE. eU5�NE55 PNpNE Nur.�eEa PLEASE COAREC7 OR COMPLETE INFORMATION SHOWN ON THIS FORM. � �- �� KJ � �� ; .�� 4 , ,,��--� � � � � � �� W� Mra� �w.�j MJp� F � k W �--1.�� N ! O'7 ay � �� K �� 95 l � ► I 1 I ! W � m �� a I � � I ' , �� `.1 I w ot I � � � � \ � �1 . I 'f � � � ,� oS ��.1 � < � `� + 3x ab�H;a ; a � , � � �� ,� , �� / ' � a � � � � � 0 0 � � I � •1,� b"�"3. i � �, �I � � , I I — �t � � �� i � �v � �� u � � � , � � � O z k 0 2� BILL OF SALE The untlersigned. lJi" _L' � t L � L' tor a valuable consitleration, receipt of which is hereby acknowledgetl, tlo sell to _ �/�fl �'�f S�/• < L �� _�� c � ifz�/7 /lfl,E • ) dc/4" �he personal property tlescribed as TFIr_" CvFf c� Sl�' LUUi(CZJ pJV C 2a s,� acFan , �� /� yi �E: _ t��1 LEY' �uiT� i�!"�f i o6 �/77v L i C Sc.i, t,� f z'�'- k.i 2i� �, �.� f E t�i� . (,;, i%rf AL[ S�oe',= t? %ff�S' S:�CF' G� C'nicr�/� � 2 �� `� �t �� .�/I ' r/�' %v,4E f ,qn,i/> f cr �• i r iLGr�.TS A�L�/I fv2v i 3 � �n. � %(l,/C!r(/� i %CIt� �' .�� 7C�C�o "` r- \ Jr� �c.� i� F•y CH r �> 1 ��° li�' `,.�., - � c�IC .4 CL �iv c,�' `n ef �i �/CL��- �}/� � liCc.v% U C!�✓ ,CL �2 F'E%i�rn,% �i[� TN �)fkr� j� E� f . � � . / �' � ff E= 1 A 5 i i�: uq !?FJ %c= %t7 />A T .'2 ' % u " %� �1 � . !�(i � > �� ' ' � 'L ` F !� / L �'� !� f fl.z�✓ � �,�ia7jc � -'� l�� (�tiF ��I �'�•X /vR /h'v /� Fc2 V% �I7ti T //�i .n.,7 �� v / DOb t.C> - _ r^- rhe se��er__ do , ror � '�'f ) �l-� �l /' �' C � i � , `_ covenant and agree to warrant and aefend Ihe h�le to the prop he by conveyed /aga nst the �ust and law ul cla ms and demands of all persons whomsoever. Datetl ' � . � �� C) �� \, _ '--- ---- - ---�--_ • � e�.• � — - _.�.�. :�__� . STAiE OF CALIFORNIA COUNTY OF�'� jss. .� 1 On Ihis �� / ,/ day of �if?�.1� before me, the untlersigned, a Notary PuDlic in and for said S!ale, personaliy 9� -ayl i in the year �g � � personally known to me (or provetl to me on the basis of sahsfactory evitlence) lo be the person_ whose name i S subscribsd to the within instrument, and acknowledged to me Ihat � he_ executed i( WITNESS my hand and official se.:I. OFFICIAL SE�.L IRAy A ALCAh• � AR vi � . LOSAtJGELESCO(1R7y 6'y Comm. E�..krtw >>,1999 % Notary Pub6c in antl for said S(ate. � �,�- � � 04LOiP,4�E WOLCOTTSFpq�: : tiev Si83 Ip��uclpisJ) ��190] WOLCDTTS. WC 'S 9� ay� JnMES C. Easz��u.Y ATTORNEY AT LAW 915 Grain ExcLange Building 400 South Fourth Street Minneapolis, Minnesota 55415 (612) 333-7888 J FAX 344-1255 October 27, 1995 VIA FAX Officer Steve Willkomm License Detail (Rm C-111) Los Angeles Sheriff's Department Whittier, CA 90604 RE: ENTERTAINMENT LICENSE APPLICATION CAFE BINH MINH (DON LUAN NGUXEN, APPLICANT) 3365-B WALNUT GROVE AV ROSEMEAD CA 91770 Dear Officer Willkum: This letter requests per our 10-23-95 telecon a copy of the SPI License Detail recommendation to the City of Rosemead, License Office, regarding the license application referenced above. Investigation by the St Paul Police has revealed no criminal record for either pon Nguyen or Duong Phan, joint applicants for licensing to operate Cafe Karaoke Do Thanh at 1275 University Ave in St Paul, Minnesota (Lic Application # 17719). As I explained during our Monday telecon, I am assisting Don Nguyen and Duong Phan to assure their compliance with applicable licensing rules and procedures in St Paul. Because of the growing immigrant Asian population in this city, the local police want to proceed with caution in licensing their business enterprises to be sure that those enterprises do not engage in or promote criminal activity or otherwise threaten public safety. Lt. Gary Briggs of the St Paul Police Department's Special Investigations Unit should be interested in coordinating with you his investigation of license applicants to determine if they have any propensity toward criminal behavior or criminal enterprises. You can contact him at (612) 292-3680. Please fax copy of referenced recommendation to (612) 398-0876, or to (612) 344-2155 only if first number is inoperative. Yours very truly, � R't"'�,Q,L r � � C.� � James C. Easterly cc: City of Rosemead, Lt. 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UATE TTI�t SIVCIUENI' L�I4F' pr�T ".�S �6/��/y5 N83o fHEFT RCV S��—i��i6—�SS 26/k ��45 L%ialWB CONDITiONS UIVF �7,°"IG /L�'J'U'�S Z�G��I.i�': J k i�t_ PlOC RGV ��—�i��si-47i +2�6111/9�� 014b ItVVESTIGRTE GDV yJ'Y. Ql�,ifi�]� G�G Dt3MESTIC� �]UA �5—�'t1ti5-741 �i6117195 ccSR� DCIB-�^� ADV `�S—k�S5-356 kl6Jc3f95 2�48 RS,�IST CALLS ADV :%�—Y"�8?-451 i2+b/�41�35 r2+2+4& DURS A�iV '�S—k+3�7--4�8 ksh/�4JS5 �1,?,9 WARRqNT GRREST R4,V 9�'�—�'�2-67�Z+ �c./c3/�35 165b TttAFFIC: VIOL TftF �SJ �7101/9� ��l�l Oi'HER R�SAULT h'CV �-?5—k�`-?�-6Li1 �7/�$/9:i c.ic9 SUSF' ACTIViTY UtVF '�5—ac�'=i�-7�24 �7109155 k��t2�7 RUNRWRY (aDV �}5—�99-828 �t7/1�l95 ccc3 DURS ADV S`J 7 Z 7 771�},�'IJ 190� TRRFfiIC VI�L RGV y5—i�L-4i3 0?I15/9:, �i1S DGE+S RUV 1+DI::SI�S ST. GRUL F'OLICE SIt'd6LE INCIDENT TRACFiI�IG �xGL�R — F�UPLIt; HiSTOFtY OF 1556 UNIVEkSITY pV W ��c5�2k� �ECT4R: 1 CiRIL�: 1sZ�5 �y/¢�1/95 — 1+�/�5/9� Ctd 95— i 4t2-816 9J—StZ+2—SJ L 95—iu��—Es75 •35-12�c-933 95-1�6—b76 � — '��-1�7—C2� DRTE k�7/i5/95 �7I1�f�:� �2+7/1�Jy,°� k�7f 15/95 k'�712c195 �7i�c/SS +?? J :=• � • -, - TIMt c138 GL�L ; '?,+Z�4 01�4 �2��3 t-GJ i7'%`!�.!'� I IUC T I?ENT THEi= T �HEFT DOBS DANG CONDITIONS UDRS �H;JG GOIVDITIOP�IB �ti :R�, UISR kCV DkJG UI�iF TRF 6L�A Gt74� :I � �Y�TEM f-1F'T � 9�-ay/ i�:ck7_J 1:� e .=0 : ctt �J�L�:itS ��(� ) `s;_� fG7//�t{/�3O c1N.:� TNtFT KI.:V 5�-ili-+Z4� �7/c9/75 +c'�233 iNVESTi�ATE i2CV �iJ �71c9 �,_ NqRCGTICS PRLf68 UOA y��115 YJL ��JY��Y`J �i.�Y+17 HgSI�T ��LL.� FI�V y� �r�iaii�� z�ma bc,s� kcv " 7�-i i5-772 t��+�+/k'�Si 9;� �1��7 L'IS fUt=;L� Cf-tLLS GOG 9�-1i9-�ryl �8/lil9� �k�Qb U�1-iER ASSRUL�f RU4 ?S-icL�-S+Z�S t[�23l1.'�/i5 ic rIS�IJT GALLS r+DL' 1�Zt/�Sly� S�. F�AUL �-�ULICE SIP.!GLE ItJC:IDEN� ThqCWIiV6 SYSTEi+t ?AUR - F'�tPLiC HISiClR'( QF 1556 UNI�'�R;�ITY t�V W i'�"�� SECTGR: 1 BRID: i�� 'Z�4/kl%9� - lk/i=5lfs5 i:;N UGTE TIP7� INCSPENI DISG A�'T 9,;-.�'_4 +2�8J19l�:; +Z�:39 D2JNY GDV 9�-i JY� - GSJ �BJce./95 ti'�11c U kC {* � V 1, �J�1J4�JI� �9/k1/'j5 L.�JV LOL�� fILV '35-1�4-4;,5 �2yl��/9� +Z�;��r UOBS pDV �J-1�.�}'J!_J -Z��I4{i_IyJ �Ll.;�n�+ FIGHY� AU1.� '3:;-1::;,-14y �y/+ZE�:/5�� 0033 liGI�ItSTICS f�Dl.' 55-1.`,8-S+s4 �`�/fl�'3/9� �U2�c FkAUD t2CV :`.`,-142-629 2�9/i��f�35 �'t'�c UOt?`�-+ AvV yJ 7 Z 7 "yI1JJGJ GU.1 DRS f `I.`.�-iv�-69�� y/1;1/'�;� c��8 FI6HTS ADV 95-14�-8�7 �9f1619;� 21c� TRt�F�IC VIO�. RCV `-%5-1'+7-i"L�9u+ �t19/;'3l95 c15� 1NVE8TI6ATE kCV '3:r-1.``��-�37 1k/�8l95 �157 llL1�+3 UTX 95-161-�44 10/Sc/95 tZ�$4i6 THEFT RGV `?��-lu�-u�l Y0I14/9� OtZ�NiZ� THEFT RCts 9��-16�2-��:1 1N/17Iy.`.� 0947 TRUANCY k�V !�ic°,"-'s5 ST, FRUL PU�ICE sINGLE IhlCIDth+T !"RACFiSNG �ii-tl�R - F'ULiLIC; HT�TClRY OF 155E UNIVEttSITY flV W ;='N�S�� SECTGft: , 1 GRID: 1+Z�5 �4/01/95 - 1�l�5/95 CN DAT£ TIMt Ih3CIDENT '��-f63-517 1�Z+lc3/qS iZ2+�2 RBSIST FIRE' AI+1P = ��-163-817 1�/�3/�5 1151 URUIVN, a!€�LjR cc,npleted finding 66 recar�ds 5Y5TEM L� I8G fl��T I7TX DTX 9�-�y� 1:� : ck : ct'� 2 5:�+Z+ e �: ti � � �� 9�-ay [ EXHIBITS 1. St Paul 2oning Board' April 70, 7995 approvaZ of Petitioners' business 2. Class III License Application 3. Notice by City of St Paul that Cigarette, Restaurant (C} and Cabaret (A) license effective 07/01/95 to 03/37/96 4. Tax Notice and receipts of payment for first business quarter 5. Aug 15, 95 letter from City of St Paul License Office 6. Aug 17, 95 letter from City of St Paul License O££ice approving cafe license 7. Aug 30, 95 letter from City of St Paul License Office advising Petitioners of Sep 27, 95 Council Hearing 8. Sep 29, 95 letter from SP City Attorney serving notice of possible "adverse action" 9. Petitioners' Oct 6 and 10, 1995 replies to City attorney's letter, waiving evidentiary hearing 10. Petitioners' Oct 18, 95 faxed letter to License Director 11. SP City Attorney's Oct 18, 95 Notice of Council Hearing 12. LA Sheriff�s Dept (LASD) Sep 6, 95 recommendation of approval of Petitioner pon Nguyen's Cafe Binh Minh entertainment license, Rosemead, CA,and Sep 27 entertainment license approval by Rosemead CA City Council. 13. Approval of Petitioner Duong Phan�s Cafe Thien Nga entertainment license; and 2-10-93 Bill of Sale. 14. Petitioners' attorney's faxed letter to Officer Steve Willkomm, LASD who monitored Petitioners' karaoke cafes in Rosemead, CA. 15. SPPD call/dispatch log of incidents (Apr-Oct, 95) reported at Arnellia's Bar, Target Store, Midway Pro-Bowl and the new McDOnald�s Restaurant, all in University Ave West vicinity 16. Petitions of surrounding residents (within 300 feet) of Cafe Karaoke Do Thanh, approving licensing and operation of the cafe; and afEidavit of re karaoke. r'/3.�T.91/q CLU/3 ow,✓�c2 g�-ay t STATEMENT BY AREA RESIDENTS WHO OWN OR LEASE HOMES O1� BUSINESS$S WITIITN 300 FEET OF 1215 UNIVERSITY AVENUE WEST, ST PAUL, MINNESOTA, THE SITE QF CAFE KARAOKE DO THANH, OPERATED BY PROPRIfiTORS DON NGUYEN AND DUONG PAAN: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet of) Cafe Karaoke Do Thanh, Iocated at'1275 University �venue West, in St Paul, Minnesota do not object to Cafe Karaake Do Thanh's presence in this vicinity. We understand that Cafe Karaoke will offer only non-alcoholic beverages, primarily varieties of coffee and tea, for purchase and consumption inside the ca£e and will also offer karaoke entertainment (ie, sound and video recordings scripted for sing- a2ong participation) to its patrons. We understand that Cafe Karaoke Do Thanh is not licensed to sell aScoholic beverages and does not plan to sell alcoholic beverages now or in the futare. 4 We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing piace for people to meet aftex• work over a cup of coffee or tea (available in varied blends} and enjoy entertainment that evokes old Vietnamese customs and traditions. NAME /�!/L �L��.��. / '/1 C �p.i�6`npr� . ' // . ADDRESS /Z.�-�-S�PE�cpz�2✓� �1� S�; �i�UL, �✓,,� 5 �� iZ'1S Sh�-r�,cn� yv `J'�"•P�.J � � M n/ �S! 0 �F lZ7( S/�� f�c�,QA/� �v4 �-� (�� 6yl/CI 55 fo � (Page i of -+� pages) ��X � C�,� 9b-a y r STATEMENT SY AREA RESIDENTS WHO OWN OR LEASE HOMES OR BtISZNESSES WITHIN 300 FEET OF 1275 UNIVERSZTY AVENLTE WSST, ST PAUL, MINNESOTA, THE SITE OF CAFE KARAOKE DO THANA, OPERATED BY PROPRIETORS DON NGUYEN AND DUONG PHAN: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet of) Cafe Karaoke Do Thanh, located at 1275 University :lvenue West, in St Pau1, Minnesota do not object to Ca£e Karaoke Do Thanh's presence in this vicinity. We understand that Cafe Karaoke will offer on2y non-alcoholic beverages, primarily varieties of coffee and tea, for purchase and consumption inside the cafe and will also offer karaoke entertainment (ie, sound and video recordings scripted for sing- along participation) to its patrons. We understand that Cafe Karaoke Do Thanh is not iicensed to sell alcoholic beverages and does not plan to sell alcoholic beverages now or in the futi�re. s We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing place for people to meet after work over a cup of coffee ar tea (available in varied blends) and enjoy entertainment that evokes old Vietnamese customs and traditions. a V � , � �: „!% ,��:u� � � ��.. , ;r--,' ADDRESS �� __ � ,�,��i�� / � / � �.� %D �{ ��.o l 3 � . � C`�% ��'� � 7 T�r �� ,, � ;N . f;r�� (F- c�l — �° � �J U- /,5'' `S�Ov�S t1'I- S: �'. 3� _ l�� a-�r 5��2� � / O o � ` ✓r (Page � of � pages) �'�� `� � �g� 9�-�yl STATEMENT BY AREA RESIDEtiTS 4:H0 OkN OR LE�SE HOMES OR BUSINESSES k'ITHIN 300 FEET OF 1275 UNIVERSITP AVENLE t+'EST, ST P�UL, ASI:dNESOTA, THE SITE OF C�FE KAft90$E DO THA?�TH OPERATED BY PROPRIfiTORS DON NGtiS'EN ATD DUONG PHAN: �+'e, the undersigned persons c:ho reside or operate businesses near (�.�ithin appro�:imat=l� 300 feet ofi Cafe Karaake Do Thanh, located at 1275 tinirersitt� �tenue �'est, in St Paul, �finnesota do not object to Cafe Iiaraoke Do Thanh's presence in this �icinit? We understand that Cafe f;araoke nill offer onlz non-alcoholic be��eraaes, primarilz- varieties of coffee and tea, for purchase and consumption inside the cafe and �:ill also offer karaoke entertainment (ie seund and t�ideo recordin�s scripted for sin>- along partic;pation) to its patrons. Fe understand that Cafe haraoke Do Thanh is not licensed t.o sell alcoholic be�rerages and does not plan to sell alcoholic becerages noc,- or in the future. G'e furtner understand thai the proprietors of Cafe Do Thanh intend for their cafe to procide a safe, c;elcoming and rela-;ing place for peopie to meet aiter kork oti a cup of coffee or tea {acailable in varied blendsY and enjo�- entertainment that evokes oid ti�etnamese customs and �rad�tions. NAME �� ADDRE88 �/.� �C�'�'�$"�,/ ! �-�.�.o S��c__B� � �-- L.,�% , -� � - �, �� .-�..�, �/.�.u��:�:..�EZ�' ��,��- �� ,� ��_�.�R- --- ��-� � _ �� ° / c�t.��... !S`. — � .� � �u , I �-'7 �7 u.a, �� i� {�2.. . S7�-� c�"�eJJ � ��'� °„"J Syn��j r�� {Page � of L.'�x �� ? pages) �C� 4��y I STATEMENT BY AREA RESIDENTS WHQ OWN OR LEASE HOMES OR BUSINESSES WITHZN 30� FEET OF' 1275 UNIVERSITY AVENUE WEST, ST PAUL, MINNESOTA, THE SZTE OF CAFE KARAOKE DO THANH, QPERATED BY PROPRIETORS DON NGUYEN AND DUONG PHAN: We, the undersignec2 persons who reside or operate businesses near {within approximately 300 feet of) Cafe Karaoke Do Thanh, located at 1275 University Avenue West, in St Paul, Minnesota do not object to Cafe Karaoke Do Thanh's presence in this vicinity. We understand that Cafe Karaoke will offer only non-alcoholic beverages, primari2y varieties of coffee and tea, for purchase and consumption inside the cafe and will also offer karaoke entertainment (ie, sound and video recardings scripted for sing- along participation) to its patrons. We understand that Cafe Karaoka Do Thanh is not licensed to se12 alcoholic beverages and does not plan to sell alcoholic beverages nAw or in the future. we iurtner understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing place far people Co meet after work over a cup of coffee or tea {available in varied blends) and enjoy entertainment that evokes old Vietnamese NAME customs and traditions. ;��i'tlt \��,�� t� ADDRESS ` ��- � S �...�ti�Y� �t . �%�, � � r� � _ S 5 � �, r ^ 7 � „ L�-i� -�4 �17..1`'� _ /; _._ iJ ``� \ �" �'� < ' ---_=--_. ��L 1 �/!�J �! 1.i�1.�`Q .� ��,:.� ,� s�s� a � ,J��/��i�� r� � y��a � �— _ �1l�.i G'r-i-f l3 o/zf-to'� �'� t� L o�;lc � ��nt�unr� ) PR�sI'� �-�7 (Page � of � pages) L '�� 9 6-a?yl P�-`---7C:i 1F.: � L�5'� �° S" o x .�� `` � � �� c{ iJ: vfi_�P .SoT'�O�n° .i�? "_':�IIy' In .°G�:�r:^ to lic�e:c� "vaoar�.. _,_ .. ___.�_nt __>— - ;., _ � L _' r 3i. l��j �'?:']°Z:.'.i.�y SiVc. r .. . .z.7i� ... �?i�.'�i 9�-ay! AFFIDAVIT OF LT � ��'N� //� ��'�� , being duly sworn under oath, hereby sta.tes and deposes as fol7.ows: 1. I reside at ��z- L�. M°"�T'9'✓/� /��c ,S� �j5 County of , V7�-�c� / , State of Minnesota. �'?�}F'GcCwo ob 7'� 2. I am licensed by the City of vi.—Pu�r'r operate a business known as ��✓79S/i9 �/�sv�T C-'C-U C3 , located at /� D d �[ / C� ST ( ti�/�'1 �/C� �''�v ��.�� /=`02 ��✓7<.�27A/it//%f�✓7' D9�c�, Livd 9.�� D.T r"/uS/C which includes karaoke entertainment for customers. , �"I�/�Ct�IJOJI� 3. The City of`st licensing office presented no objections v to licensing � business including karaoke entertainment. FURTHER SAYETH YOIJR AFFIANT NOT. Date� / — �� - �, Signature Signed and sworn to this T/�/ day of S��i 19 9 5 . -�,.�.� �c lAMES C. EAS7ER�Y NOTARYPU9LtC-M1NNE5� :' RAMSEY GOUNTY �Y EOMMlSSIDN E%PIRES JAN. 3�. ZO � � ` .X �/� ��=� 9� Offce of the County Manager Terry Schutten, County Manager 250 Court House 15 West Kellogg Boulevard St. Paul, MI3 55102 October 9, 1995 Tel: 612-266-8000 Fatc: 612-266-8039 Cafe Karaoke Do Thanh 1275 University Ave. W. St. Paul, Minnesota 55104 Dear New Business Owner, The �oard of Ramsey County Commissioners and County Manager extend a warm welcome to you with the opening of your new business. We're pleased you have chosen to operete your business in Ramsey County, and we wish you much success, growth and happiness. Best wishes to you on behalf of the entire County Board and the County Manager's office. Yours truly, Ha�� / rd, j hair g��e�r County Board of Commissioners � Terry Schu ten Ramsey County Manager vl Minnesota's Euat Home $nle Co�ty pnnlea on re�vcletl paper witF a mimmum of IO%po5tconsumercon[en[ .Y"� � ,- CITY Ok' SAINT PAUL BOARD OF ZONIlVG APPEALS RESOLUTION ZONING FILE NUMBER: 9s-oas DATE: aPrii io 1995 9�-ay� WHEREAS, DUONG PHAN has applied for a variance from the strict application of the provisions of Section 62.103(d)1 of ihe Saint Paul I.egislarive Code pertaining to a nine (9) space puking variance for changing 2,100 squaze feet of former retail space into a new restaurant in the B-3 zoning dishict at 1275 I7NIVERSITY AVE W; and WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public heazing on 04/10/95, pursuant to said appeal in accordance with the requirements of Section 64.205 of the Legislafive Code; and WHEREAS, the Saint Paul Board of Zoning Appeals bued upon evidence preseate3 at the public hearin„ as substantially reflected in the minutes, made the following findings of fact: 1. The property in question cannot be put to a reasonable use under the strict provisions of the code. This property was originally used for retail businesses and could still be used for a retail business, however there seems to be a shortage of retail tenants along this portion of University Ave. The applicant has stated that he thinks that this would be a good location for a restaurant and if the vaziance were not granted this space would likely remain vacant. 2. The plight of the land owner is due to circumstances unique to his property, and these circumstances were not created by the ]and owner. The lack of available retail tenants� for this azea is not due to circumstances created by the property owner. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfaze of the inhabitants of the City of St. Paul. The applicant has stated that he expects the restaurants peak hours of opention to be in the evening after the peak hours of the retail tenant in the building and this wi11 ease the pazking probiem. The applicant also states that there aze appazently several other restaurants in this azea that aze successfully operating without the required off street pazking. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it altet the essential character of the surrounding azea or unreasonably diminish established property values within the surrounding azea There will 6e no exterior changes to the property other than signage and the surrounding property is also commercial. 5. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zonina district classification of the property. A restaurant is a permitted use in�this zoning disuict. �x z �-� ��-a4i File �95-045 Page Two 6. The request for variance is riot based primarily on a desire to increase the value or income potential of the pazcel of land. The applicant states that his desire is to establish his business in this azea and to take advantage of the vacant retail space. NOW, Tf�REFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the provisions of Section 62.103(d)1 be hereby waived to allow a nine (9) space pazking variance for changing 2100 squaze feet of former retail space into a new restaurant on property located at 1275 iJNIVERSIT'Y AVE W and legally described ac Ex the E 20 feet, lot 21 and all of lots 16 thru 20, Block 32, Syndicate No. 5 Addition.; in accordance with the application for vaziance and the site plan on file with the Zoning Administrator. MOVED BY: Morton SECONDED BY Bogen IN FAVOR: � AGA.INST: o MAILED: April 14, 1995 TIME LIMIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such ereMion or alteration is proceediag pursuant to the terms of such permit The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within IS days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been Fled, then the permits are suspended and construction shall cease until the City Council has made a final determtnation of the appeal. 1 �) i ' - i'. . �i ' � _ ;ARTE�iT tt'": _ . .- � : _ �'. ., .: '��,n �` ��_gc rr_._ ,._ _ � � �U� �-� �-. �.�,. �...�� -... ;:-� .t - � _ � . ` � - .— . :- 1- �� _ > �.3' ...�<.z .>n,. � -,- . �.r _ , �� - . �... / - _, �.T � A VARIANCE OF ZONING CODE CHAPTER - -� , SECTlOk "` ➢ARAGRAPH - �' - - � ��` � f �� 1 � Q _ ` . 1 I$ REDUESTEQ tN CONFORMITY WI7H THE_POWEFIS VESTED IN TNE BOARD Of ZON1t¢G Afl- _�/�{-i�e, r,� '�'��,,. - PEAlS 70 PERMIT THE ON PROPERTY . � � — ov, 3"`� .f {o � Y DESCR18ED8ELOW.- ' - . _- -- .- -�- �'`-�� Gr {�n - -- = - -- , • -- - :.:_ - -. ..:_ ��, 'r{a.C.� . . °i5 w t=e,i(c,' SIv�C. A: �ADD��cant NAAAE ' D PrIhN �(`fn DAYNA? ��PAFmV � gS & CAF•' DQ. `�"t11i1TF � - � C�' . � - - � . ._ ._ H014E ADDRESS�. . 1 T V . -� F � -.._r��12R - — . DAYTIME TELEPHONE N0. �Fil 9 � 7�iOJ{70A _ ZIP CODE �_ � �p o �� 1 i ;-1:->, ProPertv intereit ol aoClicant: _4owner.wntrect purchaser, �=-� -- - -'- - -: e0 � � �� O - - ��I - ' DIJO�G PP.AN _ � � � � f t I 2. Nameo�owner I�ta�t�erenei IR✓I;d T N.AP,GO & CU3T AuGiJSTIh'E "/ B. �ProPerty DescriDtion ^ ADDRESS CAF'c� LO THP. 'ar�H � � i. LegafdescriPGOn: l0T 1277 U$io�`R-'ITY hV. ST.z.SUb� :�l 5j128 : �� .�I � a. �ot:i:e: ` 3. Pfesent Use _ Present 2onin9 Oist. __a_� .— .�.__'.."�-=.E._'_ _'__ _ � C. Peasons for Request: - ' , �- � 1. Proposed use COFF�F Si;OP PIITH CAEAREi Ei�'Pr�?3TAIi�tL�A'T. 2. K'hat ohy:�<ai characterrstics o1 �he propeny prevem its be�ng usea tor any ol tne permkied uses �� vour zonet (to0og�aphy, soii conditions, siie end sha0e of lot, etc.) SIZE A:dD CAPACITY OF PARKItiG LOT. 3. State the specdic variatio� requested, givpg distaoces where appro0��aie, ' PAnKIrG LOT SITE H AS ITS 0't�:v 35 SPACES AT TI!✓n?S, ,�.4.J7rIL�, THEiu ARe^, ALSO PLE:�'TY CF PARKING SPACES pcRi�;IT:3D Ov 2 SID3S CF SURnOUA'llIATG STRESTS Y�HIC:i IS SUITABLE FOR TI-,� PEAK TI:� Q. Exp�ain how yo�r case conlorms io each oi the lo��owing: AT :�IGn'T & titY,EK�\ � � � 1 � ZN�Cp N 4�� C�i�� U� Oama oo=ai � 1 a , 3 ° � , �¢� 2 ' �N z �� R�� y� u. e'. V�.: [-, - � � e Q ' c0 I N . r 1 �m �� i � ' �� 1 � .=. j O � Oi ` O I N i D I C7' I ru I o� �• LL / ! a. That the strict aPPtication ot the provisions ot the 2oning Ordiance woWd resWt in peculiar , or exceptional prect�cal d�fficulties, or excepUOna7 undue hartlsnips. FCR iRYING TO EEQHA.\CE ii� Tt�'.AGE Ai�� YO SEicYc^, '�A� CO;:.•�IJ>:IiY& CI^1IZc.�S O:Q (1PIIVERSITY AVE'ivn.Tj WSST. b. That che granting o( a vaNance will not be a substantial desriment to � public good or s substanriai imDair• ment of the intent and purDOSe of the 2oning Ord�nance. AT TI1+L� PARHING 0:� BOTA SIDaS �JF SURROUNDI:v'G STF� T ARE PandITTED AT ALL TID'iE . ND7E: TH75 Y,�'� LL NOT BE PROCESSEO WITHOVT Fl COMVLETE SITE FLAN! &gnarvre Date Received � � Zd � 9 � - .__ -' '- ,._ .,..--_ _ �'-`— -�.. '- --- -... � � �- ^ v� , vi � . �� C ��/+ g�-ayt File �f95-045 Page Three I, the undenigned Secretary fo the Board of Zoning Appeals for the City of Saint Paul, Minnesofa, do hereby certify that I have compared the foregoing copy with the originai record in my office; and find the same to be a true and correct copy of said ariginal and of t6e whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting 6eld on April 10, 1995 and on record in the Office of License Inspection and Environmental Protection, 350 St Peter Street, Suife 300, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONTNG APPEALS Sue Synstegaard Secretary to the Board r �� . :� � _, w ._..,. _�. � . _,_,_ . .- . :i - 7 . _ _ .. 9� �y! r � CITY OI� SAINT PAUL A`erm ('olzma«. .tfa�or Ut'PICE Of �tCE�i$E,�t\SPLCTIO\S A.VU kNV1R0\>tEKTAL YR(iTFCi[ON l2ob: r� Kzsslrr, Orracmr IlCE.iSEA.i'D "!elrpl;unr� 6i2-?65-910U I.tiSP£CT10.\S Fr.<sirui�e. 6:?-16b•41?t 35U St Peler S7Eet Suitc iU0 S<+A;lt'aul.,ifinnrsnf:t Jili%? APPLiCP_TION FOR � C.ABARET {A) , RESTAT7RAb7T {C) AND CIGAI2ET'TE LICENSE License fee: ► _ Caba�ee (��i Fes�aura�:� i`) �zyarette $_��.CO $EO.00 $i6n.00 ��a� .��..�f Gr�i�l.S� E��'r v� ��e �- �- 9�" L/G�S� ��/�i�2tl�,��! t�� .� • 3 g Mo,��`�''ti's ��z 3. o0 ��k — �..�� r�'. (1 d /a3•oo ar' a 9/. oo � � ��'� o� ,� .��...e3.,m� s, • ,� a . � �! a� y_.. " i.. .,_ -. � � h, �,-.� �r- ` � .t -- ,�, tn..'o;:: \ ... - .� '- Q:(iC^_ OI LICCPSC� I�S1YLItJfS .' N �—�a ~^• ' x�C EmSroamcr.tal Pret<.tion - � ; - r - iVS+.Pc:s�StSu«:u] . _< S:V F��:c-W�z 55::1 � . (Gli)'.�rSlx :u I6:3; "�`'�`^+1N — -c ^.'-s =�', ".�(` 7.- -' � �.� as�t-.. _- Ltce�se I D ;f- ,' � � -?� (Coio`fieuse_oalyg�s_ _ s PLBT iC ° , _ - - �.._ THIS AF PLFASS TIiE CA FP.Tr'T' Iti I\ ;.,�' -.- -- - - _ _ ;.: ._ ._ _ - - of Litense'bcir.g applied for: - -' -CA3A.REZ = -e.-r.,: --_�_�---'�=---. ..,..,-- s.-..: -,�..=;..v . :: , - �_,; _. _ , ,,�,. _. _ . .., . I�ame: CA:'E �C9RAO:4E uQ :Y1i':�1 -- _ .. , Cer�rxcioa / Pxrcecship / Sa(e Pirpricie:�_:? -. � : ` . ._ _ .. _ . . - --- � - r . If bus`.ess is in�orporzted, g:re date cf incorporation: DCL']�BL'SIGESS,AS: CCx'Yf S �•• I,iru�r�tR��r�'�4��Rt'� :'�'��;?A�K>:?3t3��Prone: _ _•i!A"�� _ , Business(lddrzss: 2�75 t7"7V�K�TT�' a7?.. � ST P ;••,r —��-'-" , - �- : , . , "� . _. .. . .. . C�y ,� . � _ Sia e . �? � < Y � � v� �1T�„T� £c �JRIG � �Y� «'6� h s�de cf iSe <treet? -�, SCJ! "r.'_' Betx-een wb3t croas strzets is 1�e bi�i.,ess lo�ated a ,. - ,,=.: .. ..� 3�,,c . .- . , � Are�the F;emi<_es now occapizd? -\`0 \��hzt T�� of Busir.ess? ' - -- _.hSail To Addrzss. 1� BIRCH I,ry�. OAKJAS,� i�i:S ��l?8 � . S:ceu AGCress _ _ - Ci�y ' - • Sta�e � . _ Z'p -. .,. . +�.� - - ..,. . . . . ,.,� .r _ . . �. .;, . ... �:c �. ,_ - . , ' _ _ - _ �`�.-- - - ''/ , .,. ' r , . . ^ __. ' 1� n.. , ..._. : , .. _ �. _ - ' ' -' '. _ � , . �� . . _ . ., , _ _. , . . ApplicanlIaformztion: ) llU:; LUA:I :dGUY�"t� �� PARi;�:tiR/0+:>i:i:. `P1�IVT "rA�^i:��:/0?:�'s^. ' A'a�e i,d Tiilz: 2) 'vUO;VG = DAI . � _' -- � :�iiddle � . . ,(?faiCcn) ` � . ,I.P�t ' - ..,-.,,. :. - .Ti;ic � - ' " firsc`"', _ - . .., F k- */ __ -.�°4':'� ; � J �� ` '�51z8 . - HomeAd�res,: ^ 1� L" ' pA��LiALE - � - c;:cc[A:G:css " . . . Ciry ` Sia:e _ ZP , _ � � �1 ��5�72 Place of But :: STT � ��.••k+• Heme ?hor.e: ( 61,_,? 17'2-�• �o Date of B'u,r: � -- • .- r � s =A'�ttralized? Y=' Arz }�ou a ciciz:n cf tba United Stztes? ;�a[ive. - lt jou are not a U.S. citizen, J'cu must have a'ark aothorizatian from t6e US. Immi�-afion &\afuralization Se:+ice. Ra��e you e�'et beea c�_r.'.ictcd of zny fztony, aime or �icl;tion of zny dry ordin2nce other t1;2n tr�c7 1'ES _.�. �� — :. Date of arrest: R'�ere? ., -, .. � ..,-. ,_ e � _,_ .. _ � - .. _ . � . ,_ _ " `"'Chuge: - ; . . - ` `'Con�ictioa: . . -- Sentenca�' - ;,, - . _ '` List the names and residences of [fuce persons of good mer:1 cbaracter, li�ing Kithin tbe Twin Cities hfetro Arca, not ielzte3 ; to tbe zppIicant ot_ financially interested in tl�e premises er busiaess, yrho mGy be.refened.to is io thc applicsnt's T'AME. - ADDRESS �PHO7�'E ..�x• '� .�� . _ ...: , .j .T^ . T'�0�'�A7 J iOJil '` 16�" SfL� Ih� ,' .yrr' BRT"HTC\T f•:;I "5x` 8CC6 - rI'�G I-U -- - 18%1 'IAY`I=S S^.. u _ 1� Z.I�rrF^a�nrTq: ' iR - ,- --- - " .` .. .. U�\r P�-I4V 'S�� 7P•a c;:J��* PAifT,�`y,� !/a%'_r�7^F � _ � � .. _ . . � l -. � - .�� ;.',- - .. _ - �,. .... .,a' __.,_- � �� J r Lut licetues wlich you currently 6oid, former:y held, or may ba�e an �terest m: ' •nG _�•n:r^.S q�i• ,., vhF.P.CF? .�..TGTPI:�!� ?.?Q� �Cu_FCA_CC�rE'a. S-'CF. rI"_"v Q" RO:ir:.1.L.D. �:.A. -� . _�_ - -_ .. � _ .. ,,� . .. "�"__ ._ _- - -" '_ "_ _ _ . ..G�. 2�er Gr zssist4nt :a t�is busu �. � fio�c hCt23:" S iK<t K3TC ..__.. FiIC VOU £OIII� (O I]8�'C 8 - _ : q�a:�'��: -_ --= - � YY�_- _ _ - - - � : , _ = +F _ �_ $I2:C _„ __ 2:? _ :i0i.e�V.^i:I _ YES ,�!� 1'O Sf the Tazpz�er is not cce sa.,e es .�e �-"�- -,,,-, : -" � - �- - ._ �.., .�..- '�'` ' - T __ , ._-�,.._._,.'._ �.�-.,_._.""o y ' _' _ ..y ...-' < ..�_�,. _.. `d=' ` - . � .:..-:: ,..�-, ::. ,:._ : _' _ _ _ ...- .. - �.-:.:<_: _... __..�_:�...__�..:...�, .:,,ar . ..; --... _ .' •>.' - - > - � ..-- ' ` .'`` <. �Zc _ --"� I,�st- -.-- �_ _ `� _�.firstA�r.se.-, -_ _ -'-' -. hfiECleIr,itizf'�" _.. --=, _ .(�C -1 -. _ - , ._ ._ __ - . - ._ ..- -- Home�ACdreu: Strcr.?�e:r:e �� `. . �G:r _ Stzie Zc Yha-�e\untcr - -- e s- -;,ra��:-.c-._� __... '-'...c;....��_.�.�-' - -- � -x-: � - �- -- _. , Ple�e lut emplo}�ent �istury fer t�e prz��ous i�e (� ;e�r lsiod ` Busir.essJEmnle��:ier.t - . . , . _ _ .. . .,_-__ . -, .ddress .-:;_:.-.: _ . - , I. „ t � 4?" \It'�LSI't'V A"r' %� 10 �`� PAUL :^1 2} ^X lAY�10C� �'USIC C?,id"�c.3 Feb 45- \o:•� _ � __ , . '. l('t.F� ?CAP6'1'.C: T:iTwU "f:A T711 �Q('.- ilar�,C 9?l�l T� '1T(ITTF.`( i�T. �' .� 1�'�i n'.Afl�• (�if: y li CnF'3 KAROOf' 3'Vr "i�� "�•�93- \o z�ES t':RI��1T GPOVN ,'I_� 5 P(`�+�?.f�cTl� �F. _ . .. ._, _ .. _- .— .. . . - - - - - -' — ,. . _ . .. , . . _. .... .... . . . ...... ... . .. . .....:.. ... . ._ . . .. . - . _ . _ _ � _ , ....._ . . ,. : '�.� ,.. •,, ... -' .. :.. .. , _ . '- . . - . � ��List all ot�er oiScers of nhe corporation:, -= .- "�n,-, -=' �::_ : - ,..,_,._.� OFFICEFZ � '- TITLE' � � �� HOME �_ � }30�4E� - �� BL'SII.'FSS � _ DA7E OF _'� R`ADtE (OH'ice Held} I,T�DRESS PHO�E PHO:�� E?R7H If b:s'�ness 's a p2rtuecship, please incleda t�e foUo�tiir.g i^forci�tion for each partner (::se additional pages i.f necessa:y): : 1 . . . � � , . . .: , . . \r'tv^\r ", t 1 _9n�7% } f '��'`� —� - D.�e of E:r,h .. r:;st \sme '�:i0dle .niti�l . (?:�:�en) - Izst - - �^ 91 R t'� rA.r . T , ,.� a�s �R ��n..u'�nR '"� C; 5;2�� yp -Fr.on<hvmSct }for.,c nEd:tss: $;::<t �z.-"c Y '� JI ^ .� ,A _ r �. Ay ?._p-�•; Frst Nzme Middle lnaisl C:=iC<nj F::st Ds:< of Birth komeA3dr;ss: Srca Gy S:x:c tip Fhcn< A?(ach to tbis applicatioo: ' � 1j A detaited descrigtion of the desiyn, loc<tion and sguare fcotage of t6e premises to be licenszd (site p1ao)• , 2) A copy of }•ouc lezse 2gmeneot or proct o[ eKr,ecs�ip et the property. . A.T�1' F?.LSIEICATIO\' OF AI�S��EK� GI�'E:`' OR f.'f,STERL4t. SGB'�SITIED _ :. :��'ILL REStJLT I`Q DE�LiL OF THSS ?.PYLICATTO:�I - I bereby sta;e under oazh that I�3�'e ansrvered all of the zbove questions, �n3 that tbe inform2tioa coataine3 herein is true and °,_ correc[ !o t�ae best of ny knowledge 2fld belief, I bcrtby stzte fvtfier.wder oath that I ba��e received no roeney or other con5ider�tioa, by way of Ioaa, gih, coc(ribution, or oiheruise, other [han zlready discTosed ia t6e applicztioa u�ch I he:ew3th svbmitted. � - � " A � . � � � � ;' Subscribed and sworn to betore �e this --o° �°�� ' - .day of - 19 `.-. , , Signacure of App�cact , .. .., ..._ _..�.. . ....,_ ._ . .. .. _ . . , „ _ .. .. .. ., �_,_... ,��.� - _. . _ ... .. _.__1" � % � - y.S� Date `_'� G � . - -�- - -- - -- ,. JEOPARDIZF� OR DELAY THE PROCESSZHG OF YOLTR LICENSE ZSSOANCE OR_G� -_ :'._:-.. -:_.-.� ;�NEA7LL _ APPLTCATION. : . � . :. _ _._:. . . ;.: - : - _ " : _.-.,.:__ _- ... . ,4 . . - _.. �,_. �. : -. . - <= . _ ,... - - . _ . , � � _ _-. �h ,. z---' - i-�. _ _ � i.� -.- ..�.,.......� _ .,.� .......... ...� _..,� ....� ,, .�, � � _,�� .,.�- n �.�.�» . licensing au'thori.ties..are"..required to_'provide to the State of � v ��'�, .. - - '.. - -Minne'sota Co�^Missioner of Revenus, the Minnesota business tax ''`- -'� `"'�`identification �number and the social security number of eacn ��„� license applzcant, ..��., ; - - . R a � �^r �� uk��' �'wr x�a. .r. - � ' " i g 5" ��'¢�4'c-.. � �.. ��eT�'� � �� `' _ `, . . _ -- : � ` _, . _': _ _ _ _ ' � -. - ;; , . � . - _ . 3' : �,.. � .� ��Under-.��he-Minhesota Government Da£a -Practices Act and the �Federal � -' . . _ ,. _. ,_��.>.___ - - :, . �,�� , µ�';Pr"iyacy�A`ct of-';1974,_iwe�aTe.required to advise you of the - . - ?;=-followinq:regardirig the:use of this information: 1) _Thi N s information may,be used_ deny.,the_issuance,_ ;� � '.�� . '..�<�,,� - � .�.-_>_..�-__ - -- - _ - �=or renewal.`of your_license zn the event you owe "�`''� `_ _ ``- '""`�°" ` "sales,_ _employer's withholding or motor_ : - - ' ` "'°vehicle eifcise taxes; --"= _._. 2) : receivzng this infermation, the licensing ' _ authority will supply it only to the Minnesota Department of Revenue. However, under the Federal . Exchange of Tnformation P.greement, the Department of Revenue may supply this information to the - - - ==Internal Revenue Service. •� ' - __ � _ .._ _ ' - . �. . ' , . _. - � - b Minnesotd„�Tax . IHentification Numbers _(Sales & ` Use:Tax -NUmber) may -- �' F.='��-.be obtained from the State of Minnesota - Business Records = -�Departtaent -'-10 River Park Plaza. Phone: 29b-6281. ; .>. � _.� 1 } idUUYciv',::�_ �.,:. : _ . -. . . , �7C � - LUit.l '(x` . ' �K S -�. ` d .- :,: �. - _ _ ` �) F�.n:� ` _ ��c::� ��: applicant�s.Last ttame. First Name Middle Initia ,.- .. .. �... _, ... . -...,..- . 15 $IRC.`i Liti. ^vneiJF.L�. Ft:� 5j1%£? " (612)73C-4793 , 2ip Code :;.: P�1�^iiv:�!0'i1iCri.R ., PA � i ��t.'':i/Q',5^.1CR (Officer, Part� . . ._ . �- � � 1 � , -. Ap !s Addre _ City, �5=E1 ti%5 � � - - - nt's Social Secur r, e no. cnh � xn=seuF �o Txa.�« Business Name 1?75 JVIVSi.rt3I`iY ATd. St. Ftii:L� Business Address City, : Minnesota Tax Zdentification Nunber: fj1Q4 te, Zip Code c.;5618� :+/ti Phone No._ � - -- __ _;'{If a Minnesota Tax.Ifletstification Number is.not requirec2 for the ;,��.� ,,r� .,,-. .business .being operated, indicate so by placing an "X'!• in the : box. ) ..,. _ ,_ ., - . . ..- � �� , � .�� _._ . . g—_ �7 - �,�--� _.,,. " :' ' _._ 5lgnature _ Date � ,:�._ � �e. .. _ _ ' . � . : � _. , ,, �,. . ... . - _ _ . ., .,,. �a=,.> � .. � ° . :': - "--',-`--_"'---------------- ------ ...a.F-., .. �.: � _____________ � � � � e. , . .•'3i'�Y3..yi...^ . . . . i ' � .. � .. -. _ .: :.= ,..: . : : � . ± " .-... ...... LA - ..._: _ °. : -„ :�: : " ..... C SSibZCATION : , � . - . . .. .� _ .1 �::.�:1... r �i )� '.I'>�.. . RESTA ,,, _�:;. : :: >�:;-. : .� • � �, _ ..-_,...., ,. ,.,, > >, <:. .... .. ....:.... ;:,.... � :;-.:. . _ __. . >, _ . _ ,..:: - • -- - - - - • ..- . _ . _ � e �_ ..: .._ .. ,_.. . . . - = __ -_ .,-.. 5 � � .' "� ' r-. r�� -^sar - . - - �....,,.--_ r _ - . .. . _ ... _ _ . .. _. . �__ _- In, order i'or the Zonmg ,Admuustrator o dztermme the cla"ss�cation ofyour restaurant=an ,to �:n�� k� ��- � : expedite appIicatiori,�thisriform_n�ust be filled'out and s"ubiriitted witt� a`.floo'r'plan and ' _ _ �... = .• -. .� - <seating plat� fully dimensioned a�id_dra�rn to sczle before an apphcaticn,for a resfauraht license _ :__ . � __ . wili be accegtui. , . . _ - _ - - y r�gp;, s� n�'�`Y� -ss„x'� -s=-�"'�r�c�' � . �,L�_... - �-w�-�� n�b--4-.-� _ _ -aTl^ F, _.-F ' _ - � -•Y . _ _ 5r....�..' _- M - _ _ - k � -l. - - . +� � � 'n +.. _ � _h W , ;� .-'s��"v3 �^ 1=3 F- - - - � � .� P -5. 1 ',x- _ �"" : Al3DRFSS ` i2/5`U'IV�zS r A� -^ S pattT,�'��, ��1��- .� r - f. , BLTST2� A'fAI�?,GEF2 DUO?:1=D P:'r.:e Fc DC:� L]A'i "^'•vz^a" - — _.uJ. �.a �,.:.'=•--�e5.� � �t::,.�-�_?�;'-�-.:-1*.-=-_ � ._' � r, f.: '_ ___ =•-��a>✓��.-�,. �.rcK ,>�_...-:.: .._ ' ,' __" DAY, TII�1E PH0,�2E W-�" ( 622) .73�~�79� � — �,_ � 1: «'hat �vas tl�e previous use of ti�is building? F��:?�"` � AFPI IA*;C'd :��•fa�L x��L - 2. T�o you i��tend to ha�•e a drive-ti�rough n Lidow? yes _� r,o 3. Do you intend to serve liquor, b�.er or «'ine? `_ Yzi _ t� �io . ,:..... ,. . __ 5 � �. ,_ � ., . . ,..,,... _: _.,_._�_� 4, Will yon ha�e a permane,rt menu board� . .- ; )e`s� �nd . 5. �If your restaurant is associated ti-ith�a chain �o{iranchised � � �' �; �` business, are standardized floor plans used o.�er szveral loca;ions? ______ }'es ` no ` 6. your customers pay foT tlteir food before consunti�tg ii? � Yes __--'�° _' ` 7. ,��1il1 you provide a self-service condim�nt fiar? yes C� no' 8. Will trash recepfacles be providzd for self-servica bussine? ✓ Yes __ no 9. �'�'ill tl�ere be hard finished, statior.ary seating? �_ YeS nQ , l0. Are p our main cour ri �` ms prepackaeed? or mzde to ord,r? �� If 1�ou have questions about the information needed, contact the zoning administration office at - . 266-9005, 310 Lowry Piofessional Building, 350 St. Pecer St., Sc. Paul, RzN 55102 ._,;; ;, - �,:.� . , - : : »u , .: -, _ _. .. � '" - �. - ��: �` � , -"` � � � + r? ' ' r ;" ' _ �� - r � qCf-�, 'Yi� `„� q: �. _ ` _ a `�a " . ' � J�� tr.��4 �m > x � .. ..1, � a-�, n+ �z' c „ `'fdnaA � , A -t s ��P ' e � 1.�. �.,�.e . �4„� �Y:+ 'R. �. ., i �, r.� �� .�e�i�q:� "� � ,. _ .:...,t r x � �,`�"4 . - .'n �...�v �u � �+ �k ." � ti:aa�=F 5 S 3f id � R's'� ��+1±` ... "� - - .+�v�an..-.i.4'L`__�.�-: - . _'xs' _ ��--- _--e...�_�._�_?___--e+n-=-vre�+r� a. 5 ,sJ,F.. - . ' . . - _ .. ._ . -.- . a ' �� !� /�� '� , . ... . ... . . . �`�'�' "^�°"� {/{/ t'�`�7'�� Ing,to 8N Siatute3 176.182, licensin9 e5encics nre p�ohibitcd tran issuin3 S{crnses vitho�: verilication of ucrkers' ca-p - yC:=_`-X�,{CER'�E�APV�TGT16/ U4M0T BE PROCESSED V�:CE55 TNSS FOUH l5 COmLETED S1GwE7 A77D AEN'%EU (➢lccse p�in[). Af�y; ,; ��<"e!r-titt;na «,e chis torm should be 6frectcd eo the State af Y.imesota "special Cor,pensat�on F�nd" - 296-2777_ ._.-. � F�rtss�`� �""1�7�`U:iI`l:,�SIiY'AV � ST. PdUi, _ _' - -7;�1" S�O�If"'' _ ,�?---��r�t ^^strtet addre55 or ra�te nu:ber � - � tity or to•wn name _ . state na� - zip eoCe -- ��.. �susiness TelcFhane No. L�) � �T�+� N.o:n ic:cp*.or,� ho. C o1?_ ) 7iG-�+79� �- � � DaiCS o � �'' "'COrRG� SFiOp /o Z^"Op� V-d�DFiiGlT.mO �6�v1CK= ''ti'!'�RYAI't.+:E?i - __:-�=.-. (ii �--c..1 " =T-_t^t�^`ticscnptlon�(£or consiructio�, e: to9g��S. or r.vcrufactunns) - _,3�r'::-. ion �^:. �r �- - =-, �•>-- .� - _ - ._ ---. � .- --, ;i. .. Ita.m ._ � __.VO?Iv `..- : - � - . Poticy Ao. - A;C�a - - YJII nane ot�insura.xe empany (u0T insurance aeent) '�� -'� - lult nurbct frm ir.surance poticY _- -. ._ - -- " 7h�o�9h - " '?GVr. _ . . �: --starTiqg Cate . . ending datc ^�,�" -.n .u� . — '-' _'*-. - r--3>�:a-..OR i. .,.._-.-. _ _ - _ ; . - ' - r _ _ . . : . ' ,. ' ' '- q ,�tvurtity thit.i a�a not.required to carry uorke�s' eorQensatien ins�ra.xe beccuse: � _ :�.�(the�k:one) _:,"_�_._ _� .: _ . _. . _,_ _. ., . _ . _ . _ - . ', a'soFc'proprletvc and ! havc no cr.{�loyocs. -�- � � -__ �" ! hare no er.ployces who ore covercd by the xerkers` empens:.ticn lou, (onty er.ptoyces uho ere specifically cze:npted Cy ' �- ststate are noS eoverad Dy the s+orkers' eup�nsation tnx. thesc SIKSUSN, SPOVSC� P��ents; Ch(tdren, rc9ardtcss ot a5a; � �"' and farm iabor rnployte5 of a femllY fern ihat spent tess than SS,OCO for farm lobor in thc prcvious catcndar ycar, hlt � �. other vorkers uSose uork eciivitY is concroltable by the rnQloycr nust be covered.) ! uxtsrstard ihat the intosr.�tion previ6ed abave aitl be vcrified by the Y,irnesota Dc,�artmcnt of Latvr a:�d lydustry. I � underzteM thai 7 am subjeci to a S1� 6D perui , if the intormotian is Satse. ! certify tAat the lnfon:aticn provided :bcvc Ss accurotc ard cor.qtctc. - , . . . . _. . $�gntd bY �`�_ —. Dotc � —�� . . . r ..__ ... - i - .. , i . - .. _ . �.," _ . . . , . ._. , . .... . . '=,(No (oea(_IiecnsinQ,a3cncy, tivixh�kxrjor or otTcr petson/o�sanixacion octing�ds bn Sntcrncdiary"to dclSvcr�tnTS lorm ��to�tAe"Dcpc:•o! Lobo�:arw�Irdustry Ehall bc responsibf< for acwracy cf thc inlorr.ation pravidcd by thc person aiSnfng the Sorx.7 � # CIGARETTE CITY OF SAINT PAUL :, ;; _- _ . LICENSE APPLICATION «��u of Li:ersse, Lnspeotio6s ' , ... - . . ' - - _ ' - - � " - -� and Enriro�men�al &ote<tio� ' .. . 3so s�. re�« s�. s�ao �w - ��` - - ,- .. .' .. ' t x ' . " $in:Povt..v,Inm-sole SSIC'2 ' , _ `�'�'-^�^-' ' . . .. (611)Z56➢ICG fac(EI1J=6S917a Licznse ID� Sticker # {for office u�e cn;y) Business I�Tame �Business Address '?: '�aa�... .. _ ... Z� i7_: �?.'jl A�fS. S:. :�3:I1.. ,.. r,F��:� # of machines 1 �� - � -° � OR Counter Safes?, � � ; �� _ - =,,_ ;� _ � � � ` ��'� �'-"� � � .�� A _{ , _ ��: ��-� �<� r . �._ -.r � _ T h M1� � � . . ' � � � � /� y.f"� � (J ,- Applicant's signature T Dat� vA'r : i:!P. _1': .� 9�-��l.. ..� �,� . - _., -��-,�� -� � _ ;� _ . ., t r � �;, Ati acceptable=`site plan r..ust zn ap�lication for a Class III license. � The folloaing data =lould be on thz site p'an, prefersbly 8 1/2 Y 11" or : $ s 2 f,2" xy`14"��a��r� '��„ - k ` � � �--- � ��.'�' �+.' , ��=- � �.�'�-�� r_ � �,.�ZEi. _ �. � ; '� -. . 3 �.!- L z� G T }. � _ y : rl�� I�or�e,- address, ,and phcne nu b�r_ _ > - ' ' .- r r .,�.,,.� �,.z. � y-- - _ ..,�,.�.. .�.w .�,�. ... _ ,. _ .,, u >_ _ _ __ �. �:._..,. - . �. _ . . - -: = ' � 2;,� a,.:.The"-;scale .should be . stated scch as 1" = 20'-. ,. "N should be indicated '"" . to�.ard the top -, .a, .,� ` tw+T,�.�f5`_^�y.�r..^Y ..-s- =,+ �- �a',.- _ �. ...-^, s - -S.. v��,.c..t- _ n.-re� ---� . v .-� _ . S. + A4' ^ . - . . _ -' " _ . _ - _ _ " _ . . . .. .�=3;:�:__ Placer.:ent of _all ^pertinent ieatures�o€ the .interior of the,-l�cer.sed _ _ - - "�==-��==�_><`=�'facility.such'as•seating-are�s; kitchens, officas; repair-"area, parking, � -� � �� "Yest Yeo1s, etc. �. ,.:,. .. -. - , ..,__ _ ._'_._., .:. . _ .... .. _ . _ _ _ . . .. -° 4ir=`�If a request is for an �dditzon or expansion of the licensed facility, - indicate both the current area and tl:e pzeposed espansion. Please Yemember that this site plan will be revie�:ed by many people and will remain a perRZner.�_part of yc,ur licease file. It should be legible, securace, ;=,�. .�.::_=-:.;snd ccc::pTete._;.If it.is"not,•there aay ba a delay in setting.tha hear:ng dace ___.. . ., ..., _... _ _ .._ ._ . ;untii��ihese ifem`s'are s>tisfied.� " : .. :. _�,�.. �. =.�,:.;:..: ;.;t r . � �. . , - - a. , , . , _ �., . ; ,- - , _ - ,,., - '--.... � � you have-any questio�s, feel free to contact Kris Van Horn at 266-9110. _ -�g��o ¢63 KV}i/lk 1L/92 � ,, �. r ��'#�_ . ' '. � 4 �"- �"�-:,, =��„ _r.=_ - _,;= - ��=�;a,._:. . , -- _: • = - . . ..� � I .-:. � . _.��.- - _ � - .- , - . . . -- - � ' - `Pifl�ill� � :tis' - �" _. . - -: _-_. ' . . . , �, : :;^ _ _ �.,;= _ . . - � - - � - - - -- � � !_ . _ . r� . .. _ -- _ v �"'°= _ - - -� — - o • , _.., - - ' „ - � . , . _ . ' , . 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' " � � N IJ. ,.�.L, ,::::_ _ � J __ _ � ry C ' 3 ' _ . ..+y. � �v ' .� - . � - - B�LIBF lCC � y y i s � , • •Yaae - _-- „ ci� � _��. _�__ �.��..��'��„�.� �-_ ,-� _. "`^s .rn3.4.k?��... �� - ''. _ ..._:^> � � � 3 � � � �1 .. ' _ _ . - . . . ., L j , '_."::' .._. . ....., :_1,:.._ ,. _. . _ . ._,. ....... ...... .., . ,.. _ ._,.. . _ . � { - _ _ _ . , ' . - � `t . �T% . n6 �_ .. - . � - i_ x1 _, .,. -. -' . � � ' � _ .. _ �. . . v / : � `� \ - r +' K ' ' "' »" ° _ _ " ' - Y �.i v-• v N .' _ ' ' ' ` '. . . ' _ .�'Y�_,r....�. �_ .._- .1°r` 'Yr.t�' `�ii. 'G 'Ya-< ... --° � v,.. ... ._ � . . ._. „ - . ^Y � �� _ . _. , . . . . , l�-.y,.M< - � . - . � r . b � °. r .0 . . . _ Y _^�+ � , - D' � 1 �� - . y. � �..` c-. � �+ t E 2�'J .. a' a `e ta ;;/w t _ ' t r � . . - - ' . �. 'FJF�'-5- +-� ��_�a-�. �-]a�ass " a ',s r.-a+. , h ,.�, �-.a, . .., . . . 3r^ ma+h^s�a-Fa�^.�. M .�.v��'+w� �+a� s'+�3b5�.++d4-- s,�a.s' �� . . i . �-� '� � .� �a�, r.. _� c��ayt��J\[Se}ei�o<sy+B�at{,uu>� . . � i t ��2: W7L£�6. 96rL�T-i�.,a ...�-3�-��S�i9 r. �',,:_� �_��k � � .. +� � .;;a". � �'k` r * ,, tx. . � , ��" ,�.�, s ,ba�,r �" � " �;�, +w _ "�P` � z�,. r i'.s: , . . ,. , _ -^�a- a , .� •J.KS _�� a�"�� .>�3M�e' _ . q � ri 4' � . ��:��`�re'�.e[kI 'y �rr. �k...fv ft`kec..�ca «a?. . - 4 . _ - - . , ._. . - pr .. . , •. '�"._•� . . � i- � " � �_ SAINT PAUL � AAAA CITY OF SAINT PAUL Nornt Coleman, MayOr February 14, 1996 James C. Easterly Attorney at Law 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 OFFICE OF THE CITY ATTORNEY Timothy E. Masx, Ciry Aitomey q/ �� L�, / �0 b — Civi1 Divisiors 400 Ciry Hall IS West Kef7ogg Blvd Saint Parll, M"mrresola 5�102 NOTICE OF COUNCIL HEARING RE: Licenses of Don Nguyen and Duong Dai Phan's Cafe d/b/a Cafe Karaoke Do Thanh Our File Number: G95-0386 Dear Mr. Easterly: Telephone: 612 166-8710 Facsimile: 612 298-56l9 iR,� _ . _ "3.'.. �a ' _ ' _ '" I _..i _ .�a. _l Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:00 p.m., Wednesday, February 28, 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 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 arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �� Philip K. Miller Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP, 300 Lowry Bldg. Gary Pechmann, Deputy Director LIEP., 30Q Lowry Bldg. Susan Marschalk, Community Organizer, Hamline Midway Coalition 1564 Lafond Ave., St. Paul, MN 55104 Lt. Gary Briggs, St. Paul Police Dept., SIU 9�-ayi Councilmembers: If you wish to review the entire file for this Item, please see Mary or Nancy. Nancy Anderson STATE OF MINNESOTA �� ayr OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Sufte 77D0 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 �tECEt�E� FES 16 ?996 February 14, 1996 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 (;lTY G! E�� Re: In the Matter of the License Application of the Cafe Karoke, Do Than; OAH Docket No. 62-2101-10309-3 Dear Mr. Owusu: Administrative Law Judge Janice Frankman served the Findings of Fact, Conclusions of Law and Decision in the above-entitled matter on February 6, 1996. Enclosed please find the official record, including and exhibits and copies of the tapes of the recorded hearing. We are closing our file in this case. Very truly yours, "��i.�i�1, l G��.,e Nancy Thomas Docket Clerk Telep hone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Cdizens An Equal Opp Empl Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No (612) 349-2665 s� -a�i AFFIDAVIT OF SERVICE STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss ) Dorrine Komomua, of the City of Richfield, County of Hennepin, State of Minnesota, being duly sworn, says that on the 6th day of February, 1996, she served the annexed FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMSNDATIONS on Phillip Miller, the attorney for the City of St. Paul, and James Easterly and David Feinwachs, the attorneys for the Applicant in this matter, by mailing to: Mr. Phillip Miller Office of the City 400 City Aall 15 W. Kellogg Blvd. St. Paul, MN 551�2 Mr. James Easterly Attorney Attorney at Law 1466 Hartford Ave. St. Paul, MN 55116 Mr. David Feinwachs Attorney at Law 2227 University Ave. St. Paul, MN 55114 a copy thereof, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Richfield, Minnesota direct to said attorneys. �:rZ. �, � zcc� Subscribed and sworn to before me this 6th day of February, 1996. �� u�o � Notary Public � � BARBARA MAURER � NOTNIY PlIBLIC-MINNESOTA �' DAKOTACWNTY �••• MyCommissionE�iresJaa31,2000 , :__,r.c �' 9� ay� OAH #62-2101-10309-3 STATE OF MINNESOTA RECElVEf� OFFICE OF ADMINISTRATIVE HEARINGS �ES 161996 FOR THE CITY OF ST. PAUL CITX CLERl�� In the Matter of the License FINDINGS OF FACT, Application of the Cafe Karaoke, CONCLUSIONS OF LAW Do Than AND RECONIl�SENDATIONS The above-entitled matter came on for hearing before Administrative Law Judge, Richard A. Mosman, acting as Hearing Officer for the City of St. Pau1, on January 18, 1996, at the St. Paul City Hall Annex, St. Paul, Minnesota. Philip K. Miller, Esq., Office of the City Attorney, 400 City Ha11, 15 West Kellogg Blvd., St. Paul, Minnesota 55102, appeared on behalf of the City of St. Pau1; ,7ames C. Easterly, Esq., 1466 Hartford Ave., St. Paul, Minnesota 55116 and co-counsel, David Feinwachs, Esq., 2227 University Ave., St. Paul, Minnesota 55114, appeared on behalf of the Applicant, Duong Dai Phan. The record of this proceeding closed January 18, 1996 at the conclusion of the hearing. This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the Recorcl, and may accept, reject, or modify the Findings, Conclusions and Recommendations contained herein. Pursuant to St. Paul Legislative Code, Section 310.05(c-1?, after receipt of this Report, the St. Paul City Council will provide an opportunity to present oral and/or written arguments alleging error in this Report and to present arguments related to any action recommended in this Report. �� a�c� STATEMENT OF ISSUE The issue to be determined in this proceeding is whether the Applicant, Duong Dai Phan, should be granted a class III cabaret license to offer Karaoke entertainment at a coffee shop at 1275 University Avenue West, St. Paul, Minnesota. Based upon the record herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On May 18, 1995, the Applicant, Duong Dai Phan, submitted an application for a class III license to operate the Cafe Karaoke Do Than, a coffee shop with Karaoke entertainment, to be located at 1275 University Avenue West, St. Paul, Minnesota. Indicated on the application was Don Luan Nguyen, a partner/owner with the Applicant. (City Exhibit 5.) 2. The City of St. Paul, Office of License Inspections and Environmental Protection (LIEP) gave the Applicant a Receipt for License Application indicating the fees paid for a class I cigarette and restaurant(c) - limited, as well as a cabaret-class A license. The Applicant paid all fees indicated. (City Exhibit 5, page 3.) 3. On the Receipt for License Application was �he following inscription: "License effective from 07/O1/95 to 03/31/96." Also inscribed on the Receipt for License Application was the following: "Your license to do business will be mailed upon receipt of required approvals. If you have any questions regarding your license, please call. m 2 �� ayi 4. The Applicant, Duong Dai Phan, was originally a citizen of South Vietnam, an officer in the South Vietnamese Army, who left his country as a refugee by boat in 1975, eventually obtaining sponsorship for U.S. citizenship from a church located in Anoka, Minnesota. He lived with his family in Minnesota and attended college at St. Cloud State University. He also attended the University of Texas and graduated with a Bachelor of Science degree in electrical engineering. He subsequently worked for Delco Electric and McDonnell Douglass until he was layed off from their California operation in 1990. 5. In 1990, the Applicant opened a coffee shop known as the Cafe Karaoke Thien Nga, in Rosemead, California. Fie operated that cafe from July, 1990 until it was sold in February, 1993. Although sold, he remained the responsible party until the license application and transfer was approved in May, 1993. 6. The St. Paul Legislative Code requires that the City Council approve all class III-cabaret licenses. Class I{i.e., cigarette, restaurant(c)} licenses are approved at the director level (LIEP). St. Paul Legislative Code Section 310.04(d). (Court Exhibit A.) 7. The Applicant entered into a 5-year lease and did remodeling to prepare the location for the operation of the Cafe Karaoke Do Than. On or about July 1, 1995, he opened the cafe for business and posted the Receipt for License Application on the cafe wall. 8. On August 15, 1995, LIEP notified the Applicant that he did not have a cabaret, restaurant or cigarette license and that he must close his business. (City Exhibit 2.) 3 9� a�� 9. On August 17, 1995, the Applicant was notified that he was: "authorized to conduct cigarette and food sales in accordance with your license applications" (City Exhibit 3.) 10. The Applicant was notified of a hearing before the City Council set for September 27, 1995 for: "cigarette, restaurant-C and cabaret-A license(s) I.D. #17719" (City Exhibit 4.) 11. As part of a background investigation, LIEP asked the special investigation unit, St. Paul Police Dept., to obtain information regarding the California businesses of a similar nature previously owned by the Applicant and cited on his application. Sergeant Brooke T. Schaub did the investigation and contacted the Los Angeles County Sheriff's Dept. resulting in information contained in City Exhibit 8 and 10. The recommendation of the St. Paul Police Dept. was that the license be denied on the grounds that the former cafes of this nature owned by the Applicants in Rosemead, California was described by the LAPD as gathering places for Asian gangs and a drain on police assets. (City Exhibit 10.) 12. LIEP received some anonymous reports from the Information Complaint Office relating to boisterous activity caused primarily by youth in the area of the Cafe Karaoke Do Than during the period in which it was open, approximately July 1- August 15, 1995. 13. The hearing of this matter was set before the City Council for September 1, 1995, continued to November 15, 1995, at which time it 0 9� ayl was referred for hearing before an Administrative Law Judge. 14. On November 16, 1995, the Applicant, Duong Dai Phan, attempted to submit an "Amendment to License Application #17719". That application is the same as the original application except that it omits as an Applicant Don Luan Nguyen, who appeared as Partner/Owner in the original application. The Amendment to License Application was rejected by LIEP and returned to the Applicant. (City Exhibit 6.) 15. Notice of the hearing before the Administrative Law Judge set for January 18, 1996 was sent to counsel for the Applicant on December 21, 1995. (City Exhibit 29.) 16. The city of Rosemead, California, is approximately 10 miles east of downtown Los Angeles and has a demographic makeup that includes approximately 50% Asian and 17o Hispanic population. Sergeant Duane Wallace, Los Angeles County Sheriff's Dept., was the liaison officer to the City of Rosemead and was involved in the licensing process of businesses in the city, including both the Karaoke Cafes owned by the Applicants here. He provided copies of five police reports generated by calls to the premises of Cafe Karaoke Thien Nga (1991 and 1992) owned by the Applicant, Duong Dai Phan. (City Exhibits 18 - 22.) He also provided copies of three police reports for the Cafe Binh Minh (5/93 - 6/95) owned by Applicant Don Luan Nguyen. (City Exhibits 12 - 14.) 17. The Rosemead City Council approved a permit for a Karaoke machine at the Applicant's cafe in March, 1992, and included conditions related to the operation of the cafe. (City Exhibit 17.) 5 ��-av� 18. The Rosemead City Council approved the entertainment permit for the use of a Karaoke machine after the sale of the Applicant's cafe to the new owner, with the same conditions that had previously been attached to the permit issued to Mr. Phan. (City Exhibit 16.) 19. During the period in which the Applicant operated the Cafe Karaoke Do Than at 1275 University Avenue West, he hired St. Paul police officers for security for the weekend evening liours. Ae also installed a video surveillance camera to run 24 hours per day and purchased a metal detector wand for use by security personnel. 20. Sergeant Timm R. Gilkison, Vietnamese liaison officer, St. Paul Police Dept., worked as security for the Applicant and filed a report relative to information he had received on activities that occurred at the Cafe Karaoke Do Than. (City Exhibit 9, Supplement Report - Applicant's Exhibit 3.) 21. In the Vietnamese community, the Karaoke machine is very popular both in homes and in cafes. A cafe featuring a Karaoke machine will be patronized by the Vietnamese community. 22. Neither Applicant here has a criminal record, either in Minnesota or California. Applicant, Don Luan Nguyen, has withdrawn from the business and has returned to live in California on a permanent basis. 23. During the operation of the Cafe Karaoke Thien Nga, the Applicant, Duong Dai Phan, was found to be operating a Karaoke machine without benefit of the appropriate entertainment permit. The entertainment permit was recommended by the City Manager and approved by the City Council of Rosemead, California with conditions. (City Exhibit 17.) 0 9� �y�j Based upon the foregoing FINDINGS OF FACT, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §14.55 (1992) and St. Paul Legislative Code §310.05(c-1). 2. The license application of Duong Dai Phan, the investigation conducted by the office of the License Inspections and Environmental Protection, and the Record of this proceeding, contain all of the data required by the St. Pau1 Legislative Code for consideration of an application for a class-III Cabaret license. 3. The Applicant, Duong Dai Phan, has demonsCrated that he has met the minimum qualifications of law and ordinance for the issuance of a Cabaret license at 1275 University Avenue West, St. Paul, Minnesota. 4. When the Applicant opened the Cafe Karaoke Do Than on or about July 1, 1995, he had paid all appropriate fees and was acting with mistaken, but reasonable, belief that a license had been issued to authorize the operation of the business. 5. The Appticant, Duong Dai Phan, has demonstrated that he is of good, moral character. 6. The city of St. Paul has not proven by a preponderance of the evidence that the grant of a cabaret license to the Applicant relating to the premises at 1275 University Avenue West, St. Paul, Minnesota, would unreasonably annoy, injure or endanger the safety, 7 96-ayi health, morals, comfort or repose of any considerable number of members of the public. 7. If the City Council grants the issuance of a Cabaret license for the premises at 1275 University Avenue West, St. Paul, Minnesota, any license granted should contain conditions to assure the safety of its patrons and cooperation with the St. Paul Police Dept. Based upon the foregoing CONCLUSIONS, the Administrative Law Judge makes the following: RECOMMENDATIONS IT IS RESPECTFULLY RECONIMENDED, that the St. Paul City Council delete the name of Don Luan Nguyen and approve the application oP Duong Dai Phan for a cabaret license for the premises at 1275 University Avenue West, St. Paul, Minnesota subject to the following conditions: A. The business will have one uniformed security guard on the premises from 8:00 P.M. until closing on every Friday and Saturday to monitor and assure compliance with license conditions and prevent loitering on the premises. B. That a video surveillance camera be operated 24 hours a day showing the public interior areas of the licensed premises. 1. That all videos be maintained for a period of 60 days and be available for viewing by members of the St. Paul Police Dept. upon request. C. That a working metal detector wand be on the premises at 0 9� a�i 0 E F Ce; all times and used by security personnel to prevent weapons from being carried in the licensed premises. No alcoholic beverages will be sold, consumed or allowed to remain upon the premises. The hours of operation of the establishment will be restricted to Monday through Thursday, 12:00 Noon to 12:00 Midnight, and Friday, Saturday and Sunday, 12:00 Noon to 1:00 A.M. No dancing will be allowed on the premises. That an appropriate dress code be developed in cooperation with LIEP and the St. Paul Police Dept., that it be posed and enforced at all times the licensed premises is open for business. Date � � l � � Richa�d A. Mosman Administrative La Judge 604 Richfield Ba Sldg. 6625 Lyndale A nue South Richfield, MN 55423 (612) 861-33 1 Notice, St. Paul City Council is respectively requ'ested to provide a copy of its final decision to the Administrative Law Judge by First Class Mail at the Office of Administrative Hearings, 100 Washington Square, #170�, Minneapolis, MN 55401. REPORTED: The hearing was tape recorded. MEMORANDUM LIEP recommends that the City Council not approve the cabaret license to allow the operation of a Karaoke machine on three grounds: cl 96 - ay� 1. That the Applicant is not capable of operating the establishment with a karaoke machine in a fashion that does not unreasonably annoy or endanger the safety, health, moral, comfort or repose of a considerable number of the public. 2. That based upon the experience of a similar establishment operated by the Applicant in Rosemead, California, the proposed license would create a drain on police assets in St. Paul. 3. That because the Applicant had been found to have been operating a karaoke machine without an appropriate license in Rosemead, California, and had opened without a license in St. Paul, that he demonstrates a disregard for the licensing authority and procedures. I. The burden of proof is upon the Applicant to show by a preponderance of the evidence, that he has satisfied all requirements of statute and ordinance and that he is fully qualified to receive the license for which he applied_ St. Paul Legislative Code §310.02 and §426.05 Administrative Rules 1400.7300 S5. The Applicant has done so. Minnesota case law uniformly holds that once an applicant established the minimum eligibility requirements set by ordinance and statute, the City Council must consider the application but still has the responsibility to pass upon the merits of the application and is vested with broad discretion in doing so. Waida v. City of Minneanolis, 246 NW 2d 455 (Minn. 1976); Polman v. Citv 10 9�-ayi of Rovalton, 249 NW 2d 466 (Minn. 1977) (Liquor Licenses). The City Council, therefore, has the duty to consider the reguirements of the public interest with respect to the application. The Council has discretion to approve or deny the application as long as its action is based upon record evidence and is not arbitrary and capricious. The council may refuse to grant a cabaret license, when there is sufficient evidence that to do so would unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. Countrv Liauors, Inc. vs. Citv of Minneanolis, 264 NW 2d 821 (Minn. 1978) (Liquor Licenses). The Applicant, Mr. Phan, had operated a Karaoke cafe for approximately three (3) years in Rosemead, California. The ethnic demographics of Rosemead include approximately 50o Asian and 170 Hispanics, considerably different than St. Paul. The Los Angeles County Deputy Sheriff indicated that he was familiar with the Karaoke cafe operated by Mr. Phan and he identified and documented a large number of police calls in and around the Applicant's establishments. (City Exhibits 8, 11, 12-14, 18-22.) Some of the information relating to the Cafe LaRosa was after February, 1993 when Mr. Phan sold his interests. The information related to the Cafe Binh Minh had to do with Applicant, Don Luan Nguyen, who no longer is involved in this application. The Deputy connected a lot of these ca11s to criminal activity by Asian gang members and felt that Mr. Phan's cafe was one of several Karaoke cafes located in the city that were gathering places for youth involved in gangs. 11 9� :ay� Outside of an incident in which the Applicant did not have the proper level of license for the number of coin operated machines in his establishment, Mr. Phan did not have any licensing difficulties with the City of Rosemead. There was no evidence that Mr. Phan was involved in any criminal activity while operating the Karaoke cafe in Rosemead. The Rosemead City Council approved the continued operation of the Cafe LaRosa and the Karaoke machine, approving the transfer of the license in May, 1993 to the new owner with the same conditions as those attached to Mr. Phan's license. Although there were a number of reports relating to calls to the location of Mr. Phan's cafe, a number of them were to a common parking area outside of the building, and for a period after he sold his interests. (City Exhibit 8.) Some of the reports suggested that Mr. Phan was a victim of criminal activity. (Property damage, extortion.) The Applicant mistakenly opened his establishment for a short time after approximately July 1, 1995. His procedure in doing so included hiring St. Paul police officers as security, purchasing a metal detector wand to screen patrons for weapons and installing a 24 hour video surveillance camera inside the establishment. The Administrative Law Judge found credible the testimony of the St. Paul police officer, Sergeant Timm Gilkison, who had worked at the cafe and who opined that Mr. Phan was serious about security in his establishment and was cooperative with the St. Pau1 police. 12 4(o - d`lI Based upon the evidence, Mr. Phan cannot be prejudged as being incapable of operating the Karaoke Cafe Do Than in a manner that is in compliance with the law. II. In connection with this application and the Karaoke Cafe, Mr. Phan has entered into a five (5) year lease, invested $75,000.00 in renovating the premises and has attempted since July, 1995 to navigate the process to obtain a license to operate a karaoke machine in his coffee shop. He demonstrated his consciousness of security and instituted effective ways of implementing control and surveillance of whatever customers may patronize his cafe. It is hoped that Conditions to the License suggested in the Recommendations will allow Mr. Phan and the police to reach a level of cooperation, and help establish for the City and the Vietnamese community a business that can be an asset and a continued visible bond benefiting both communities. Once they leave, Mr. Phan cannot be held responsible for the activities of individuals who may occasionally stop at his establishment. He can be charged with the responsibility of managing the licensed business to protect the safety of his patrons. It is in his best interest to signal to al1 that Mr. Phan cooperates with law enforcement officials. There was ample evidence that karaoke is an extremely popular activity within the Vietnamese Community. With the security, hope£ully provided by the Conditions suggested in the 13 9� -�y� Recommendations, it is hoped that this cafe can be an asset available to all members of the community. 22I. The original application submit�ed by Mr. Phan was for three (3) licenses, cigarette, restaurant-c and cabaret. After he submitted the application and paid the license fee, LIEP provided him with a receipt. A notation on the receipt indicated the "effective date" of all three licenses. When the Applicant did not hear anything further from LIEP, he mistakenly thought that the document he had in hand was the license. Relying on that document, he opened the cafe on or about July 1, 1995, posting the receipt on the wall. The ALJ does not believe that Mr. Phan intentionally opened the establishment in violation of the licensing ordinance. The erroneous opening was caused by misunderstanding and a lack of communication between the Applicant and LIEP. Mr. Phan closed the cafe as soon as he was contacted by authorities. His actions in opening his establishment for a short time in July, 1995 should not be a consideration negatively affecting the Council's action on the application here. The original application included the name of a person with whom Mr. Phan had intended to be partners in the cafe. With the delay caused by the license procedure, that person has withdrawn from the business and returned to California on a permanent basis. He has no interest in the business at this time. Rather than go to unnecessary repetition of paperwork, it is recommended that the City Council simply delete the name of Don Nguyen from the license issued. I;i\ui 14 I��T� �$V'1SP�i'� a�"'`'�'h�4..�i�: ��y�nk—N.✓ �i.�U e"J � +.ivJ STATE OR MINNSSOTA OFFICE OF ADMINISTRATIVE HEAR.INGS FOR THE CITY OF SAINT PAUL Case No. 62-2101-10309-3 ----------------------- — --------------- In the Matter of the License Application of Duong Dai Phan and Don WRITTEN EXCEPTIONS Ngyuen, d/b/a Cafe Karaoke Do Thanh February 15, 1996 ---------------------------------------- I. Recommendation of the ALJ. The ALJ has recommended that the City Council delete the name of joint applicant Don Luan Nguyen and approve the application, with conditions, for a cabaret license for the remaining applicant Duong Dai Phan, d/b/a Cafe Karaoke Do Thanh. The basis for the ALJ recommendation is that Duong Dai Phan proved, by a preponderance of the evidence, that 1) he could operate the establishment without unreasonably anno�ing or endangering the safety, health, moral comfort or repose of the public; 2) the establishment would not create a drain on police resources, and 3) he has not shown a disregard for the licensing authority and procedures. II. LIEP Position The Office of License, Inspections and Environmental Protection (LIEP), does not agree that the evidence in the record supports the legal conclusions and recommendations in the ALJ Report. The City Council is requested to adopt the ALJ's Findings of Fact and Conclusions of Law as amended by the attached Amended Findings of Fact and Conclusions of Law and deny the application. III. Issues Q The ALJ erroneously ruled in the negative. (See ALJ Report pp.l4) Section 310.o5(h) of the Saint Pau1 Legislative Code specifically addresses this issue. It provides that 9to -d�Jl '�... [t]he council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or application, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse action. The applicants were advised in the Form A letter, dated September 29, 1995, (City Exhibit 7) that information had been received that could lead to adverse action against their license application. That letter was based, in part, upon information learned from an investigation conducted by the Saint Paul Police Department (SPPD) in to the background of both applicants. On November 15, 1995, the City Council referred the matter for hearing before an ALJ. On November 16, 1995, Applicant Duong Dai Phan attempted to submit an amended application which omitted the name and information regarding the original co-applicant, Don Luan Nguyen. (City Exhibit 6) This amended application was returned to Mr. Phan because the matter had already been referred for hearing. The ALJ directly contradicts what the council ordered to happen. By referring the matter for hearing, the council was directing the ALJ to make a recommendation on the application before him. The amended application was not filed in a timely fashion. There was no opportunity for LIEP or the council to act on it. It would set a dangerous precedent for the council to allow withdrawal of an application after the matter has been referred for a hearing. Regardless of the council determination on this issue, there are sufficient grounds to deny either application. -2- 9� -ayr B. Should the Citv Council make a determination that LIEP has groved bv a preponderance of the evidence that to grant the applicants a cabaret license would endanger the public health, safetv and welfare; and thus denv the apnlication? The ALJ erroneously ruled in the negative. (See ALJ Report pp.7-9) There are numerous grounds upon which a denial of a cabaret license may be based. They are outlined in S.P.L.C. Chapter 426, entitled Cabarets, and Chapter 310, entitled Uniform License Procedures. LIEP presented evidence under several of these grounds which it believes the city council can, and should, rely upon to deny the application. First, Sec. 426.06(4) states, "[a]n application may be denied or a license may be suspended or revoked if the presence of such estab- lishment is found to be detrimental to the health, welfare or safety of the citizens of the City of Saint Paul." LIEP had received anonymous complaints of boisterous activity caused by patrons of the Cafe Karaoke Do Thanh (Do Thanh) when it was open in Ju1y and August of 1995. (See Finding 12) Evidence was also received that a Saint Paul family had been threatened while in the Do Thanh and SPPD had to be called to safely escort the family to their vehicle so they could leave. (See City Exhibit 9) The next day, members of the Minneapolis Boyz Gang entered the Do Thanh while in possession of handguns. Three to four guns were seen and although the applicants were aware of this, they did not call SPPD. (See City Exhibit 9) It is also reported that the life of Officer Timm Gilkison was threatened by members of the gang while in the Do Thanh that day. -3- 9� -ayi Even though the applicants were aware of this threat, they delayed reporting it. (See City Exhibit 9 and Applicant Exhibit 3) Second, Sec. 426.06(10) states, "Ci�t shall be grounds for the denial, suspension or revocation of the license if the licensee, owner, lessee, manager or employee has evidenced in the past willful disregard for the health, housing, zoning, building andf or fire codes and regulations." There are several points to be made here. Applicant Phan operated karaoke at the Thien Nga in 12osemead, California, from July 1990 to May 1993. Evidence was introduced at the hearing thaC Mr. Phan was caught operating karaoke without a license in October 1991. (See City Exhibit 21) Yet Mr. Phan did not even re-apply for the appropriate license until February 1992. (See City Exhibit 17) This shows Mr. Phans' past disregard for the pertinent regulations. Applicant Nguyen was caught operating karaoke entertainment without the proper license at the Binh Minh in Rosemead, California, in November of ],994. He had previously received warnings about unlicensed entertainment. (See City Exhibit 12) Additionally, Sgt. Wayne Wallace of the Los Angeles County Sheriff's Office (LACSO) testified that in November of 1995, applicant Nguyen had been caught operating an excessive number of video machines above that which he was approved to operate. Then there is the problem of the applicants opening the Do Thanh here in Saint Paul before they received their licenses. The ALJ is correct in his Finding of Fact #3. The mentioned inscriptions are present on the "RECEIPT FOR LICENSE APPLICATION" GL'!. 9� a�t� (See City Exhibit 5, page 3) The ALJ asserts that it was reasonable for the applicants be to confused and to believe they had been issued a license. Iiowever, the receipt clearly states "[y]our license to do business will be mailed upon receipt of required approvals. If you have any questions regarding your license, please call." There was testimony that no call was made by the applicants to LIEP regarding the license status. These are not men new to the licensing procedures and easily confused about such details. They are experienced businessmen with over five years combined experience in running licensed establishments. If they had doubts or were confused, they should have made inquiries of LIEP regarding the license status. Even if one chooses to accept the ALJ's finding with respect to the opening of the Do Thanh, the fact that both applicants have flaunted their disregard for the Rosemead, California, licensing authority can not be ignored. Their past conduct clearly evidences a willful disregard for the appropriate codes and regulations and is in of itself, sufficient reason to deny the application. Third, Sec. 310.06(b) provides that "... adverse action may be based on one (1) or more of the following reasons, ..." "(6)c. The licensee or applicant ... has engaged in or permitted a pattern or 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." Not only have the applicants clearly engaged in a pattern of failing to comply with the laws reasonably related to licensed -5- 9�-�y� activity, see above arguments, they have exhibited a lack of fitness and good character. The City Council can rely upon the applicants' past pattern of conduct in Rosemead, corroborated by their acts here in Saint Paul, to satisfy this provision. Additionally, Mr. Phan was clearly caught in inconsistencies regarding extortion attempts made upon him at the Thien Nga. Mister Phan repeatedly denied ever being extorted. When confronted with reports (See City Exhibits 20 and 22) from the LACSO in which Mr. Phan reported extortion attempts by gang members, Mr. Phan testified that the officers were mistaken in their reports. Mister Phan also denied having problems with gangs, yet exhibits 11, 20 and 22 clearly contradict his testimony, as did the testimony of Sgt. Wayne Wallace. He was clearly being less than candid with the ALJ. Mister Phan was also confronted with inconsistencies regarding his place of birth. He informed Rosemead authorities in his application there that he was born in "SAIGON, VIETNAM". (See City Exhibit 17, p. 7) Yet, in his amended application to LIEP, dated 11/16/95, he informed Saint Paul authorities that his place of birth was "DANANG, VIETNAM'�. (See City Exhibit 6} In his testimony, Mr. Phan attempted to explain that inconsistency away by stating that he was born in one city and raised in the other. Fourth, Sec. 310.06(b)(7) provides a basis of denial if "[t]he activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or welfare, or the the licensee performs or had performed his or her work or activity in an unsafe manner." � 9� ��t Additionally, section 310.06(b)(8) goes on to provide that, "[t]he licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public.". There is much evidence which supports denial of the application simply based upon these provisions. Looking at Mr. Phan's past business practice, while running the Thien Nga in Rosemead, shows a complete indifference to the health, safety and welfare of his patrons. A member of the LACSO Asian Gang Unit provided information that the Thien Nga was a hangout for Asian gangsters and that Mr. Phan was not very cooperative when needed. (See City Exhibit 11) This uncooperative attitude was corroborated by a memo from another member of the same Asian gang unit. (See City Exhibit 15) Additional reports were submitted which show that Mr. Phan allowed gang members, who he knew had fired shots in to the Thien Nga and attempted to extort money from him, in to the Thien Nga without summoning law enforcement. (See City Exhibits 20 &22? This shows his willingness to allow patrons to be placed in extremely dangerous situations through his own inaction. Mister Phan's past business practice of placing patrons in harms way by failing to summon police in a timely fashion is reason enough to deny the application. When coupled with his failure to summon SPPD when gang members entered the Do Thanh with several guns, shows that he is still willing to endanger the health, safety -7- 9�-ay! and welfare of the public. This position is further enhanced by his delayed reporting of the threat on the life o£ a Saint Paul police officer. Mister Nguyen has had similar problems of placing patrons in danger at the Binh Minh. (See City Exhibits 11 & 14) Mister Nguyen failed to appear at the scheduled hearing. Inquiry as to why he would allow gang members who had previously threatened him with a gun in to the Binh Minh without immediately summoning police could not be made. Questions regarding the ninety (90) calls for service to the Binh Minh could not be addressed either. The inordinate number of calls for service is certainly cause for concern. So is the nature of many of those calls. (See City Exhibits 7& 11) The past business practices of Mr. Nguyen clearly demonstrates that he ought not be granted a cabaret license. This position is only strengthened by the method in which the Do Thanh was operated while open here in Saint Paul. IV. Conclusion The ALJ's recommendation clearly ignores the great weight of evidence. The City Council is authorized to consider the ALJ's findings and conclusions. It may choose to accept, reject or modify these findings, conclusions and recommendations after written or oral arguments and consider what, if any, adverse action should be taken. (See S.P.L.C. Sec.310.05(c-1)) The state of the record is that LIEP should be found to have proven by a preponderance of the evidence that the original � 9b a�i application for a cabaret license, as submitted by Don Luan Nguyen and Duong Dai Phan, should be denied on several fronts. They have a history of violations of laws and ordinances which pertain to the public health, safety or morals, as established by code violations in Rosemead, California, and in Saint Paul. The Cafe Karaoke Do Thanh, while it was improperly operating, was detrimental to the health, welfare or safety of citizens of the City of Saint Paul. This was established by noise complaints and SPPD reports which indicate the applicants not only delayed reporting of hand guns in their establishment, but delayd reporting the threat upon the life of a Saint Paul police officer. The applicants have been shown to willfully disregard pertinent codes regulating licensed establishments. Three such violations in Rosemead, coupled with the premature opening of the Saint Paul establishment, clearly establishes this point. Their repeated licensing violations shows a pattern of conduct which ought not be rewarded by granting a license. The business practice exhibited by both applicants, not only in Rosemead, but here in Saint Paul, shows a willingness to tolerate behavior which subjects the public to extreme danger. Tolerance of such violence, whether expressed or implied, coupled with an unwillingness to cooperate with law enforcement in 6:� 9� a� 1 investigating such activity, should not be rewarded with granting of a license. Submitted this 21st day of February, 1996. TIMOTHY E. MARX City Attorney �� Philip K. Miller Assistant City Attorney Attorneys for LIEP 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 612-266-8710 Atty. Reg. No. 216355 -10- 9� �yr PROPOSED AMENDED FINDINGS OF FACT Findina l: On May 18, 1995, the �� .ca,��, Duong Dai Phan �z�� u�n„_T+�uu��, submitted �z ��x��? application for a .,....,... . Class III Iicense to operate the Cafe Karaoke Do Thanh, a coffee shop with Karaoke entertainment, to be located at 1275 University Avenue West St. Paul Minnesota. T = "�= ,��„�,�`-- __ r i _' ' �e� �a�ridy�y2r .. ,.vi......,.v ..;,-w �w,. r__,:.. .. , (City Exhibit 5.) Findina 5: In 1990, t�e Applicant �I��i opened a coffee shop known as the Cafe Karaoke Thien Nga, in �tosemead, California. He operated that cafe from July, 1990, until it was sold in February, 1993. Although sold, he remained the responsible party until the license application and transfer was approved in Mav, 1993. Zn:�fa� Findina 8: On August 15, 1995, LIEP notified the "--�,�=�°` : ........ ....... ... ... ..... ..., _'rr_= �i�r2:i�aiY�s that ke ��i�� did not have a cabaret, restaurant or cigarette license and £hat �e ��°�:°� must close ��.��:�� business. (City Exhibit 2.) : Findina 9: On August 17, 1995, the "�� „��` -�-�T vaa-s A .. '�.s�<�ai��_ :.:.:..: :.:� ...::..::::..:.: � . : �?�, ,:,.., ' .. ..., _ SrX�Xte notified that �--w� ;C�,e�;;:_: " authorized to oonduct :..: :......:..::..........: cigarette and food sales in accordance with your license applications" (City Exhibit 3.) Findina 10: The "_rr'_�-�.-�.-.--,�`_ c�ras �; �?e:� notified of a . :.:. �. . hearing before the City Council set for Septem�er 27, 1995 for: "cigarette, restaurant-C and cabaret-A license(s) I.D. #17719" (City Exhibit 4.) Findina 11: As part of a background investigation, LIEP asked the special investigation unit, St. Paul Police Dept., to obtain information regarding the California businesses of a similar nature reviousl owned b the " �.��, P Y Y --rr-------- �IIs�.?�.':... and cited on � tkt�� application. Sergeant Brooke T. Schau7� d'id the investigation aricl contacted the Los Angeles County Sheriff's Dept. resulting in information contained in City Exhibit 8 and 10. The recommendation of the St. Paul Police Dept. was that the license be denied on the grounds that the former cafes of this nature owned by the Applicants in Rosemead, California was described by the �PB ��1 as gathering places for Asian gangs and a drain on police assets. (City Exhibit 10.) -11- 9r� �� Findina 14: On November 16, 1995, �e Applicant Duong Dai Phan, attempted to submit an "Amendment to License Application #17719". That application is the same as the original application except that it omits as an Applicant Don Luan Nguyen, who appeared as Partner/Owner in the original application. ;��':��;s�;.''t�i'�'�e��:i;;<�ii ,... tlia�: : ;A��li�a"si� . ,;.1>ktaYi;; �:a�c�a.�a�� 2'��::;� �s��e �� 3�a,�th :as nZ��G;: ... . , , .... ..... :.... ......_,..,.,. . . �:I��S�7�'� TIie Amendmen�"to T�icerise"" pplication was re�ec�ed"'by LIEP and returned to �ke Applicant l�li;a�. (City Exhibit 6.) Finding 16: The city of Rosemead, California, is approximately 10 miles east of downtown Los Angeles and has a demographic makeup that includes approximately 50°s Asian and 17% Hispanic population. Sergeant �e yta�ii� Wallace, Los Angeles County Sheriff's Dept., was the liaison"officer to the City of Rosemead and was involved in the licensing process of businesses in the city, including both the Karaoke Cafes owned by the Applicants here. He provided copies of five police reports generated by calls to the premises of Cafe Karaoke Thien Nga (1991 and 1992) owned by the 1�pplicant, Duong Dai Phan. (City Exhibits 18 - 22.) -12- Finding 13: The hearing of this matter was set before the ...-;:.....:x:�;...:,• _,.... . , ..,. ,.... ,<.. . .. , ..-. . City Council for September 1, 1995, �€i�t.3:ris��`.:��:,:L�#�i�i3i��;..'�>;.,'H��:�'S, and then � ��€'� c��sre� to November 15; 1995; a£ ivhicI� time it was referred for h'earirig before an Administrative Law Judge. He also provided copies of three police reports for the Cafe Binh Minh (5/93 - 6/95) owned by Applicant Don Luan Nguyen. (City :....... ...:. :....:......:.:....... . ......:......:..... . Exhibits 12 -14. ) _ ....::....:... . ...... ..... . ��:k��s; _::3:3;::>:�c�:; _.1�: : �:��: ;::r�` �rt�.� : �£;:;:��t� :" ,�e.':: -- __.. .... ....... ...._� __._ � _._. 9�-a�1 Findincr 17: The Rosemead City Council a�proved a permit for a Karaoke machine at �3� �.��ea�x�� 1::��:rit�;•.Pl��:� cafe in March, 1992, and included conditions "related' "to `tYie" operation o£ Findina 19: During the period in which the "�^'-�.�,=�--�-�--=^`_ ---� -- �i��3�:3;ca� operated the Cafe Karaoke Do Thanh at 1275 University _. ._� Aveniie �t7est, �ie �kS.e� hired St. Paul police officers for security for the weekend �evening hours. He also i�g�a=�e� a�'�e _ ='_,,,-�� - - , `� -- ^^ '��_-�- - ° �',•- --�' purchased a metal detector wand for use by security personnel. Findina 20: 8e�gea� ��e�i Timm R. Gilkison, Vietnamese liaison officer, St. Paul Police Dept., worked as security for the "� ^'�----'�-^�-` A; ,'` �:i��s and filed a re ort relative to information he --� --- ��? .:.::.:..:. :..... p had received `on activities that occurred at the Cafe Karaoke Do Findina 23: During the operation of the Cafe Karaoke Thien Nga, '�`= "_y�'_'_-,�`, ;A�,ap3_�:c�� Duong Dai Phan, was found to be operating a Karaoke macli"ine without benefit of the appropriate entertainment permit. The entertainment permit was recommended by the City Manager and approved by the City Council of Rosemead, California with conditions. (City Exhibit 17. ) S'kz:�:`5:;:�z��ie:��li�;��:t -13- Finding 22: Neither Applicant here has a criminal �� o�i;SZ'�;��,�:ciz�, either in Minnesota or California. Applicant, Don Luan Nguyen, has withdrawn from the business and has returned to live in . .. . . . . . _ - ,. California:, ,._ ..Vm ,._} '� -=== . k��sz�;:Se��i: � €��en., da.i� nAt .a��ax' � --- . � ... . . . ....... ...... . . . . ��: t�ie �i��ra�g� �� ay� PROPOSED AMENDED CONCLUSIONS (Amended) 2. The license application of Duong 1�s�i-;��;=�T��ti3?, the investigation conducted by the ...... Y�icense"Trispections and Environmental Protection, and this proceeding, contain all of the data required b Legislative Code for consideration of an applicatio III Cabaret license. Dai Phan �� office of the the Record of y the St. Paul n for a class- T ....�.1 1 .-..-.�. � .:' ::............... ........ . .. • .. ,... . ......: (Amended) 3. The __ yca�3ts Duon Dai Phan �is'i 1��ari _�. . _ . _-.. . �: _.: � g �., - . . ; ��a�._��y�zt, �ras ti��e demonstrated that ��,� �Izey; r�c� xzcst_:t�e.e�, . tlie miriimiim qual'ifications of law and ordinance for tlze'issuance of a Cabaret license at 1275 University Avenue West, St. Paul, Minnesota. T .-....}-�-'-r„T��.-. ... a- iAmended) 4. When the _�_�_____.___ �ip�a 'i:��s opened the Cafe Karaoke Do Thanh on or about July 1, 19'S5; �e t11ey had paid all appropriate fees. a-�--�e--ae��z��s� �=�` -'�'-, v... i ; ,. c � i.... � � : .. i., -, a v...,.,.. . ,. a ,... -.,, � i.....,.: .,.. r i.. , . .. ..... .. . ..... .. s zx�x��tgli3{..g9. It is not reasonable to believe that these experienced businessmen were under the mistaken belief that they had been issued the appropriate licenses. (Amended) 5. , , "�-� '�= -F -��' m� �'�°��`_-. The City of Saint Paul has proven by a preponderance of the evidence that the Applicants should not be issued a license due to the fact that they have a history of violations of the laws and ordinances that apply to public health, safety or morals. (Amended) 6. The City of Saint Paul has �e� proven by a preponderance of the evidence that the ��a�rt--e€-a-�r-et �reen� -14- �Amended) 7. - ---- --1 -------- _- ----= -- - �'"'cmcr�2�-i��irS2 �6Y' `-zac�rY��Ct�92S -.r � �� r��....,..,-,.. �-.. �...,..,,,.. u�..,.�- i S�. icicri, #I a33'��tee33se--gr-2��e�---9�3ect��-Cvizca}zrz^iia��i6�'ks 9!0 - d�i 1 -15- 4�-a�ti JaMES C. EasTExi,Y ATTORNEY AT LAW 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 (612) 333-7888 / FAX 344-1255 February 28, 1996 T0: St Paul City Council Jerry Blakey Dave Thune Mike Harris Roberta Megard Janice Rettman Dan Bostrom Dino Guerin VIA: Nancy Anderson, Assistant Council Secretary 310 City Hall 15 W. Kellogg Blvd St Paul, MN 55102 RE: CLAS5 III (CABARET LICENSE) APPLICATION CAFE KARAOKE DO THANH, 1275 UNIVERSITY AVE, W. Honorable Councilmembers: 1. The enclosed memorandum replies to proposed exceptions and supports the recommendation of the ALJ that license be granted. 2. The Council will recall that it was the wish of Applicant from the outset that the Council dispense with ALJ proceedinp, examine all the eviclence offered and decide forthwith if the proposed adverse action against Applicant was warranted. See counsel's memorandum addressed to City Council on November 1, 1995 and on November 14, 1995. 3. In spite of Applicant's wish that the Council "scrutinize" and rely upon all relevant evidenee produced in this matter (consisting essentially of St Paul and California police reports pertainly to locales where applicant previously resided and owned a business), the City insisted upon getting the recommendation of the ALJ. 4. The ALJ heard the testimony of six witnesses, esamined all the police logs, reports and other documents that were offered in the course of a hearing that extended over nine hours. After hearing the testimony, examining the evidence and naturally giving the City the benefit of any doubt regardino its soverei�n, police power, rule making and regulatory (including licensing) authority for the purpose of maintaining the health, safety and welfare of its citizens, the ALJ concluded that the license should be granted. The judge did allow, however, that certain, reaonable conditions might be imposed on the operation of the business. See ALJ Recommendations. 9� -ayl 5. The City licensing office now asks the Council to disregard the findings of the ALJ and -- without the benefit of hearino and observing either the personal testimony of six witnesses (including the neighborhood block president, two St Paul Police Officers and a representative of the Los Angeles Sheriff's Department) or the evidence offered -- to render a contreary conclusion. 6. Should the Council elect to ignore the ALJ and proceed c,rith its own judicial hearing o£ this matter, the Applicant is prepared to rebut proposed exceptions and to reaffirm the right, fitness and qualifications of the applicant to be licensed as provided under the City Code. 7. The Applicant, Duong Dai Phan, is an honest, hard workir�a businessman who has already contributed substantial tax revenues and cultural wealth to St Paul through the successful operation of his Karaoke Music Center at 422 University Avenue (opened in February, 1995). If all business owners and operators brought to our city the same dynamic, entrepreneurial spirit, integrity and willingness to cooperate with police, regulatory agencies and fellow citizens as Mr. Phan, St Paul would be closer to attaining its cultural and economic visions. Respectfuly submitted, Cf %�"�,`' C'. ames C. Easterly Enclosure �6 City Attorney, Mayor ■ . y�-a�� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE LICENSE APPLICANT Case No. 62-2101-10309-3 ----------------------------- In the Matter of the License Application of Duong Dai Phan d/b/a Cafe Karaoke Do Thanh February 28, 1996 --------------------------- REPLY TO EXCEPTIONS I. Recommendation of the ALJ. The ALJ recommended following a Januax•y 18, 1996, hearing of this matter that included the testimony of six witnesses and the examination of over 30 exhibits lasting over nine hours and rendering approximately 300 pages of transcribed record that the St Paul City Council delete the name of Don Nguyen and approve the application of Duong Dai Phan for a cabaret license for the premises at 1275 University Avenue West, St Paul, Minnesota subject to seven operating conditions. See ALJ Gonclusions and Recommendations with accompanying memorandum (attached to this Reply). II. Applicant Position The City Council is requested to adopt the ALS's Findings of Fact and Conclusions of Law as published by the ALJ under the auspices of Minnesota Office of Administrative Hearings in accordance with the Administrative Procedure Act, with the esception that Recommendation B.l. be amended to require that all videos be maintained fon a period of 48 hours (versus 60 da�rs) which is more consistent with the retention period for security videos at most business establishments; and that weekend hours of operation be extended to 2:00 a.m. (vice 1:00 a.m.) which is more customary for adult patronage of most similar businesses in St Paul. III. Issues There are no issues raised by the .�LJ Recommendations in this matter aside from the reasonableness of video retention period and weekend operatin� hours. IV. Conclusion The Recommendation of the ALJ should be approved by the St Paul City Council. The decision is in all respects consistent c.ith the rules of administrative hearings based on its finds of fact and conclusions of law as set out in the Minnesota Administrative Procedure Act, T1inn. Stat. 14.57 to 14.62. g�-ay� "The decision must be based exclusively upon evidence adduced during the hearing or matters officially noticed." Administrative Law, MZLE (1995} at 22, citina Minn. Stat 14.62. The scope of judicial review of ALJ procedures and recommendations is addressed in P1inn. Stat 14.69. Submitted this 28th day of February, 1996. JAMES C. EASTERLY and DAVID FEINWACHS APPLICANT'S ATTORVEYS �_.�� (� �. \ 3ames C. Easterly 915 Grain Exchange Bldg 400 S 4th St Minneapolis, MN 55415 (612) 333-7888 qb-�yi OAH #62-2101-10309-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the License FINDINGS OF FACT, Application of the Cafe Karaoke, CoNCLUSIONS OF LAW Do Than AND RECOMMEI3DATIONS The above-entitled matter came on for hearing before Administrative Law Judge, Richard A. Mosman, acting as Hearing Officer for the City of St. Pau1, on January 18, 1996, at the St. Paul City Hall Annex, St. Paul, Minnesota. Philip K. Miller, Esq., Office of the City AtCOrney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul; James C. Easterly, Esq., 1466 Hartford Ave., St. Paul, Minnesota 55116 and co-counsel, David Feinwachs, Esq., 2227 University Ave., St. Paul, Minnesota 55114, appeared on behalf of the Applicant, Duong Dai Phan. The record of this proceeding closed January 18, 1996 at the conclusion of the hearing. This Report is a recommendation, not a final decision. The St. Pau1 City Council will make the final decision after a review of the Record, and may accept, reject, or modify the Findings, Conclusions and Recommendations contained herein. Pursuant to St. Paul Legislative Code, Section 310.05(c-1), after receipt of this Report, the St. Pau1 City Council wi11 provide an opportunity to present oral and/or written arguments alleging error in this Report and to present arguments related to any action recommended in this Report. q�-ayi STATEMENT OF ISSUE `The issue to be determined in this proceeding is whether the Aoplicant, Duong Dai Phan, should be granted a class III cabaret license to offer Karaoke entertainment at a coffee shop at 1275 University Avenue West, St. Paul, Minnesota. Based upon the record herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On May 18, 1995, the Applicant, Duong Dai Phan, submitted an application for a class III license to operate the Cafe Karaoke Do Than, a coffee shop with Karaoke entertainment, to be located at 1275 University Avenue west, St. Paul, Minnesota. �Indicated on the application was Don Luan Nguyen, a partner/owner with the Applicant. (City Bxhibit 5.) 2. The City of St. Paul, Office of License Inspections and Environmental Protection (LIEP) gave the Applicant a Receipt for License Application indicating the fees paid for a class I cigarette and restaurant(c) - limited, as we11 as a cabaret-class A license. The Applicant paid all fees indicated. (City Exhibit 5, page 3.) 3. On the Receipt for License Application was the following inscription: "License effective from 07/Ol/95 to 03/31/96." Also inscribed on the Receipt for License Application was the iollowing: "Your license Co do business will be mailed upon receipt of required anprovals. If you have any questions regarding your license, please call. � Gf � cZNI 4. The Applicant, Duong Dai Phan, was originally a citizen of South �7ietnam, an officer in the South Vietnamese Army, who left his country as a refugee by boat in 1975, eventually obtaining sponsorship for U.S. citizenship from a church located in Anoka, Minnesota. Ae lived with his family in Minnesota and attended college at St. Cloud State University. He also attended the University of Texas and graduated with a Bachelor of Science degree in electrical engineering. He subsequently worked for Delco Electric and McDonald Douglass until he was layed off from their California operation in 1990. 5. In 1990, the Applicant opened a coffee shop known as the Cafe Karaoke Thien Nga, in Rosemead, California. He operated that cafe from July, 1990 until it was sold in February, 1993. Although sold, he remained the responsible party until the license application and transfer was approved in May, 1993. 6. The St. Paul Legislative Code requires that the City Council approve all class III-cabaret licenses. Class I{i.e., cigarette, restaurant(c)} licenses are approved at the director level (LIEP). St. Pau1 Legislative Code Section 310.04(d). (Court Exhibit A.) 7. The Applicant entered into a S-year lease and did remodeling to prepare the location for the operation of the Cafe Karaoke Do Than. On or about July 1, 1995, he opened the cafe for business and posted the Receipt for License Application on the cafe wall. 8. On August 15, 1995, LIEP notified the Applicant that he did not have a cabaret, restaurant or cigarette license and that he must close his business. (City Exhibit 2.) 3 9� -a�y� 0 On August 17, 1995, the Applicant was notified that he was: "authorized to conduct cigarette and food sales in accordance with your license applications" �[i] (City Exhibit 3.) ^_he Applicant was notified of a hearing before the City Council set for September 27, 1995 for: "cigarette, restaurant-C and cabaret-A license (s) I.D. �#17719" (City Exhibit 4.) 11. As part of a background investigation, LIEP asked the special investigation unit, St. Paul Police Dept., to obtain information regarding the California businesses of a similar nature previously owned by the Applicant and cited on his application. Sergeant Brooke T. Schaub did the investigation and contacted the Los Angeles County Sheriff's Dept. resulting in information contained in City Exhibit 8 and 10. The recommendation of the St. Paul Police Dept. was that the license be denied on the grounds that the former cafes of this nature owned by the Applicants in Rosemead, California was described by the LAPD as gathering places for Asian gangs and a drain on police assets. (City Exhibit 10.) 12. LIEP received some anonymous reports from the Information Complaint Ofiice relating to boisterous activity caused primarily by youth in the area of the Caie Karaoke Do Than during the period in which it was open, approximately July 1- August 15, 1995. 13. The hearing of this matter was set before the City Council for September 1, 1995, continued to November 15, 1995, at which time it � 9�-�� was referred for hearing before an Administrative Law Judge. 14. On November 16, 1995, the Applicant, Duong Dai Phan, attempted to submit an "Amendment to License Application #17719". That application is the same as the original aoplication except that it omits as an Applicant Don Luan Nguyen, who appeared as Partner/Owner in the original application. The Amer_dment to License Application was rejected by LIEP and returned to the Applicant. (City Exhibit 6.) 15. Notice of the hearing before the Administrative Law Judge set for January 18, 1996 was sent to counsel for the Applicant on December 21, 1995. (City Exhibit 29.) 16. The city of Rosemead, California, is approximately 10 miles east of downtown Los Angeles and has a demographic makeup that includes approximately 50°s Asian and 17% Hispanic population. Sergeant Duane Wallace, Los Angeles County Sheriff's Dept., was the liaison officer to the City of Rosemead and was involved in the licensing process of businesses in the city, including both the Karaoke Cafes owned by the Applicants here. He provided copies of five police reports generated by calls to the premises of Cafe Karaoke Thien Nga (1991.and 1992) owned by the Applicant, Duong Dai Phan. (City Exhibits 18 - 22.) He also provided copies of three police reports for the Cafe Binh Minh (5/93 - 6/95) owned by Applicant Don Luan Nguyen. (City Exhibits 12 - 14.) 17. The Rosemead City Council approved a permit for a Karaoke machine at the Applicant's cafe in Marcn, 1992, and included conditions related to the operation of the cafe. (City Exhibit 17_) � 9� �y/ 18. The Rosemead City Council approved the entertainment permit for the use of a Karaoke machine after the sale of the Applicant's cafe to the new owner, with the same conditions that had previously been attached to the permit issued to Mr. Phan. (City Exhibit 16.) 19. During the period in which the Applicant operated the Cafe Karaoke Do Than at 1275 University Avenue West, he hired St. Paul police officers for security for the weekend evening hours. He also installed a video surveillance camera to run 24 hours per day and purchased a metal detector wand £or use by security personnel. 20. Sergeant Timm R. Gilkison, Vietnamese liaison officer, St. Paul Police Dept., worked as security for the Applicant and filed a report relative to information he had received on activities that occurred at the Cafe Karaoke Do Than. (City Exhibit 9, Supplement Report - Applicant's Exhibit 3.) 21. In the Vietnamese community, the Karaoke machine is very popular both in homes and in cafes. A cafe featuring a Karaoke machine will be patronized by the Vietnamese community. 22. Neither Applicant here has a criminal record, either in Minnesota or California. Applicant, Don Luan Nguyen, has withdrawn from the business and has returned to live in California on a permanent basis. 23. During the operation of the Cafe Karaoke Thien Nga, the Applicant, Duong Dai Phan, was found to be operating a Karaoke machine without benefit of the appropriate entertainment uermit. Tne entertainment permit was recommended by the City Manager and approved by the City Council of Rosemead, California with conditions. (City Exhibit 17.) G 9� a�i Based upon the foregoing FINDINGS OF FACT, the Administrative Law Judge makes the following: CONCLUSIONS l. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §14.55 (1992) and St. Paul Legislative Code §310.05(c-1). 2. The license application of Duong Dai Phan, the investigation conducted by the office of the License Inspections and Environmental Protection, and the Record of this proceeding, contain all of the data required by the St. Paul Legislative Code �or consideration of an application for a class-III Cabaret license. 3. The Applicant, Duong Dai Phan, has demonstrated that he has met the minimum qualifications of law and ordinance for the issuance of a Cabaret license at 1275 University Avenue West, St. Paul, Minnesota. 4_ When the Applicant opened the Cafe Karaoke Do Than on or about July l, 1995, he had paid all appropriate fees and was acting with mistaken, but reasonable, belief that a license had been issued to authorize the operation of the business. 5. The Applicant, Duong Dai Phan, has demonstrated that he is of good, moral character. 6. The city of St. Paul has not proven by a preponderance of the evidence that the granc oi a cabaret license to the Applicant relating to the premises at 1275 University Avenue West, St. Paul, Minnesota, would unreasonably annoy, injure or endanger the safety, 7 96 a�� health, morals, comfort or repose of any considerable number of members of the public. 7_ If the City Council grants the issuance of a Cabaret license for the premises at 1275 University Avenue West, St. Paul, Minnesota, any license granted should contain conditions to assure Lhe safety of its patrons and cooperation with the St. Paul Police Dept. Based upon the foregoing CONCLUSIONS, the Administrative Law Judge makes the following: RECOMMENDATIONS YT IS RESPECTFULLY RECOMMENDED, that the St. Paul City Council delete the name of Don Luan Nguyen and approve the application of Duong Dai Phan for a cabaret license for the premises at 1275 i7niversity Avenue West, St. Paul, Minnesota subject to the following conditions: A. The business will have one uniformed security guard on the premises from 8:00 P.M. until closing on every Friday and Saturday to monitor and assure compliance with license conditions and prevent loitering on the premises. B. That a video surveillance camera be operated 24 hours a day showing the public interior areas of the licensed premises. l. That all videos be maintained for a period of 60 days and be available for viewir,g by members of the St. Pau1 Police Dept. upon request. C. That a working metal detector wand be on the premises at 0 9�-ay� D E F G a11 times and used by security personnel to prevent weapons from being carried in the licensed premises. No alcoholic beverages wi11 be sold, consumed or allowed to remain upon the premises. The hours of ot�eration of the establishment will be restricted to Monday through Thursday, 12:00 Noon to 12:00 Midnight, and Friday, Saturday and Sunday, 12_00 Noon to 1:00 A.M. No dancing will be allowed on the premises. That an appropriate dress code be developed in cooperation with LIEP and the St. Pau1 Police Dept., that it be posed and enforced at all times the licensed premises is open for business. Date T��J � �`�'_�� Richa�d A. Mosman = Administrative Law�Judge 604 Richfield Bank B1dg. 6625 Lyndale Avenue South Richfield, MN. 55423 (612) 861-3331 Notice, St. Pau1 City Council is respectively requested to provide a copy of its final decision to the Administrative Law ,7udge by First Class Mail at the Office of Administrative Hearings, 100 Washington Square, #1700, Minneapolis, MN 55401. REPORTED: The hearing was tape recorded. MEMORANDUM LIEP reco�mends t�at the City Council not approve the cabaret license to allow the operation oi a Karao'.�e machine on three grounds: 0 y�-�y� 1. That the Applicant is not capable of operating the establishment with a karaoke machine in a fashion that does no� unreasonably annoy or endanger the safety, health, moral, com•`_ort or repose of a considerable number of the public. 2. Thac based upon the experience of a similar establishment operated by the Applicant in Rosemead, California, the proposed license would create a drain on police assets in St. Pau1. 3. That because the Applicant had been found to have been operating a karaoke machine without an appropriate license in Rosemead, California, and had opened without a license in St. Paul, that he demonstrates a disregard for the licensing authority and procedures. � The burden oi proof is upon the Applicant to show by a preponderance of the evidence, that he has satisfied all requirements of statute and ordinance and that he is fully qualified to receive the license for which he applied. St. Paul Legislative Code �310.02 and §426.05 Administrative Ru1es 1400.7300 S5. The Applicant has done so. Minnesota case law uniformly holds that once an applicant established the minimum eligibility requirements set by ordinance and statute, the City Council must consider the application but still nas the responsibility to pass upon the merits of the aoplication and is vested with broad discretion in doing so. Wa�da v. Ciy oL Minnea�olis, 246 NW 2d 455 (Minn. 1976); Polman v. City 10 9� a�t� of Rovalton, 249 NW 2d 466 (Minn. 1977) (Liquor Licenses). The City Council, therefore, has the duty to consider the requirements of the public interest with respect to the application. The Council has discretion to approve or deny the application as long as its action is based upon record evidence and is not arbitrary and capricious. The council may refuse to grant a cabaret license, when there is sufiicient evidence that to do so would unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. Countrv Liauors, Inc. vs. Citv of Minneapolis, 264 NW 2d 821 (Minn. 1978) (Liguor Licenses). The Applicant, Mr. Phan, had operated a Karaoke cafe for approximately three (3) years in Rosemead, California. The ethnic demographics of Rosemead include approximately 50% Asian and 17% Hispanics, considerably different than St. Pau1. The Los Angeles County Deputy Sheriff indicated that he was familiar with the Karaoke cafe operated by Mr. Phan and he identified and documented a large number of police ca11s in and around the Applicant's establishments. (City Exhibits 8, 11, 12-14, 18-22.) Some of the information relating to the Cafe LaRosa was after February, 1993 when Mr. Phan sold his interests. The information related to the Cafe Binh Minh had to do with Applicant, Don Luan Nguyen, who no longer is involved in this application. The Deputy connected a lot oi cnese ca11s to criminal activity by Asian gang members and felt that Mr. Phan's cafe was one of several Karaoke cafes located in the city that were gathering places for youth involved in gangs. 11 q�-�� Outside of an incident in which the Applicant did not have the proper level of license for the number of coin operated machines in his establishment, Mr. Phan did not have any licensing diificulties with the City of Rosemead. There was no evidence that Mr. Phan was involved in any criminal activity while operating the Karaoke cafe in Rosemead. The Rosemead City Council approved the continued operation of the Cafe LaRosa and the Karaoke machine, approving the transfer of the license in May, 1993 to the new owner with the same conditions as those attached to Mr. Phan's license. Although there were a number of reports relating to calls to the location of Mr. Phan's cafe, a number of them were to a common parking area outside of the building, and for a period after he sold his interests suggested that Mr (City Exhibit 8.) Some of the reports Phan was a victim of criminal activity. (Property damage, extortion.) The Applicant mistakenly opened his establishment ior a short time after approximately July l, 1995. His procedure in doing so included hiring St. Pau1 police officers as security, purchasing a metal detector wand to screen patrons for weapons and installing a 24 hour video surveillance camera inside the establishment. The Administrative Law Judge found credible the testimony of the St. Paul police officer, Sergeant Timm Gilkison, who had worked at the cafe and who opinioned that Mr. Phan was serious about security in his establishment and was cooperative with the St. Paul police. Based upon the evidence, Mr. Pnan cannot be prejudged as being incapable of operating Lhe Karaoke Cafe Do Than in a manner that is 12 9� in compliance with the law. II. In connection with this application and the Karaoke Cafe, Mr. Phan has entered into a five (5) year lease, invested $75,000.00 in renovating the premises and has attempted since July, 1995 to navigate the process to obtain a license to operate a karaoke machine in his coffee shop. He demonstrated his consciousness of security and instituted effective ways of implementing control and surveillance of whatever customers may patronize his cafe. It is hoped that Conditions to the License suggested in the Recommendations will allow Mr. Phan and the police to reach a level of cooperation, and help establish for the City and the Vietnamese community a business that can be an asset and a continued visible bond benefiting both communities. Once they leave, Mr. Phan cannot be held responsible for the activities oi individuals who may occasionally stop at his establishment. He can be charged with the responsibility of managing the licensed business to protect the safety of his patrons. It is in his best interest to signal to al1 that Mr. Phan cooperates with law enforcement officials. There was ample evidence that karaoke is an extremely popular activity within the Vietnamese Community. With the security, hopefully provided by the Conditions suggested in the Recommendations, it is hoped that this cafe can be an asset a�ailable to al1 members of the community. 13 9� =z=. The original application submitted by Mr. Phan was for three (3) licenses, cigarette, restaurant-c and cabaret. After he submitted the application and paid the license fee, LIEP provided him with a receipt. A notation on the receipt indicated the "effective date" of all three licenses. When the Applicant did not hear anything further from LIEP, he mistakenly thought that the document he had in hand was the license. Relying on that document, he opened the cafe on or about July l, 1995, posting the receipt on the wall. The ALJ does not believe that Mr. Phan intentionally opened the establishment in violation of the licensing ordinance. The erroneous opening was caused by misunderstanding and a lack of communication between the Applicant and LIEP. Mr. Phan closed Lhe cafe as soon as he was contacted by authorities. His actions in opening his establishment for a short time in July, 1995 should not be a consideration negatively affecting the Council's action on the application here. The original application included the name of a person with whom Mr. Phan had intended to be partners in the cafe. With the delay caused by the license procedure, that person has withdrawn from the business and returned to California on a permanent basis. He has no in�erest in the business at this time. Rather than go to unnecessary repetition of paperwork, it is recommended that the City Council simply delete the name of Don Nguyen £rom the license issued. i� 14 9� STATEMENT BY AREA RESIDEtiTS Wf?C OWN OR LEASE HOMFS OR BliSINFSSES WITHI*i 300 FEr.T Or 1275 liNIVERSiTY aVENliE WEST, ST PAUL, MINATESOTA, TH�. SITE OF CAFE KAR�OKE DO THAIvH, OPERATED BY PROPRIETOHS DON NGliYEN AND DUONG PHAN: We, the undersigned persons who resicie or operate businesses near (with_n approximatelp 300 °ee� o�) Cafe Karaoke Do Thanh, located at' 2275 University =venue West, in St Paul, Minnesota do not object to Cafe Karaoke Do Thann's presence ia this vicir_*'ty. we ur.derstand that C�'e Kzraoke wiii offer only non-alcoholic beverages, primarily var:ecies o' coffee and tea, for purchase and consumption inside the cafe and wi11 also offer karaoke entertainment (ie, sound and video recordings scripted for sing- along participation) to its patrons. We understand tha� CaPe Karaoke Do Thanh is not Iicensed to sell alcoholic beverages and does not plan to se11 alcoholic bevera�es now or in the future. We furiher understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing place for people to meet after work over a cup of coffee or tea (available in varied blends) and enjoy entertainment that evokes old Vietnamese customs and traditions. NAME ADDRESS %/ � i ir'1 iz ��,�P�� S y, �.�UL, 2✓/�/ S5 l C� n 1f ` � �JY1rim,� Ne.IR� n n � �T� r� �'i _rt�1- 1Z`7S Sh�r�,f�� svP �� J , M� �s(�� lZ7l S/��t�c�,ll� �vs sfi P��,L l�ll/Cl Ss l0 4 (Page ! of ��`iC-1� � pages) C�-� �� ayi STATEMENT 3Y AREA t�-"�'-ST_DEN?'S WF?0 OS4N OR LEASE HOM_ES OR 3USZNESSES YiITHIN 300 F'EET Or 1275 UNIVERSZTY AVENUE WEST, ST PAUL, *fIATNESOTA, THE SITE OF CAFE KARAOKE DO THANH, OPERATED BY PROPRIBTORS DON NGUYEN AND DUONG PH�I: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet of) Cafe Karaoke Do Th2nh, locaied at 1275 University :;venue West, in St Paul, ?�ir.nesota do not object to Cafe Karaoke Do Thanh's presence in this viciaity. We understand that Cafa Karaoke will ofier only non-alcoholic beverages, Drim2rilV varieties o� coifee and tea, for purchase and consumDtion inside ihe cafe and wi11 also oifer karaoke entertainment (ie, sound and video recordings scripted for sing- along Participation) to its patrons. We understar.d that Cafe Karaoke Do Thanh is not licensed to sell alcoholic beverages and does not plan to sell alcoholic bevera�es now or in the future. We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing nlace for people io meet after work over a cup of coffee or tea (available in varied blends) and enjoy entertainment that evokes old Vietnamese customs and traditions. NAM ADDRESS �� / �� / � �.� �� d � �,� � �� \ � �� / 3 �— � c��r c��-�h �-- /' ` �� S If�-' tYO�� -Cf uL � �d � � �v.� i .r. u �s rv�_ S / S � �'7� b'. 3� — s_-� �� S�v2� --�- l„�OO �,✓i•%�J`/T`' r/r (Page � of � pages} �'� ` � �g� s� �� STP.TEMENT BY AREA RESZDENTS WHO OkT?v Ok LEASE HOMES OR BUSItiESSr.S S4ITHIN 300.FEET OF 1275 UNIVERSZTY AVENI3E k'EST, ST PAUL, MINNESOTA, THE SITE OF CAFE KARAOKE DO THANI-I, OPERATED BY PROPRIETORS DON NGUYEN AND DUONG PHAN: t�'e, the undersigned persons who reside or operate businesses near (c:ithin appro�;imately 300 feet of) Cafe Karaoke Do Tnanh, located at 1275 University Avenue tvest, in St Paul, �finnesota do not object to Cafe Baraoke Do Thanh's presence in this vicinity. we understand that Cafe Karaoke czill offer onl� non-alcoholic beverages, primaril�r varieties of co£iee and tea, for purchase and consumption inside the cafe and caill also offer !;araoke entertainment (ie, sound and video recordings scripted for sin�- along participation) to its patrons: �ve understand that Cafe Iiaraoke Do Thanh is not licznsed io se11 alcoholic beverages and does not'plan to sell alcoholic becera�es now or in the future. We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, tielcoming and relatiin� place £or people to meet after �.ork over a cup of coffee or tea (a�ailable in varied blends} and enjoy entertainment that evokes old Vietnamese customs and traditions. NAME . �� ' �� ^ ADDRESS �� +�"'T'�,g"�/ o S�-�c_-A-� ; � , L �' v1� � � J� / 1 � ��-- . �� _ C�� o � �.� ,s_ � ,�;,� . � v�� , �� - - S7��c��D �i�'� °r'� �yN�� iPage J of � Pages) �� /� ��-� 9� -a�i STATEMENT BY AREA RBSIDENTS WHO OWN OR LEASE HOMES OR BIISINESSES WITHIN 300 FEET OF 1275 UNIVERSITY AVENUE WEST, ST PAUL, MINNSSOTA, THE SITE OR CAFE KARAOKE DO THAAIH, OPERATED BY PROPRIETOftS DON NGUYEN AND DUONG PHAN: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet ofj Cafe Karaoke Do Thanh, located at 1275 University Avenue West, in 8i Paul, Minnesota do not object to Cafe Karaoke Do Thanh's presence in this vicinity. 4ie understand that Cafe Karaoke will o£fer only non-alcoholic beverages, primarily varieties of coffee and tea, for purchase and consumption inside ihe cafe and will also offer karaoke entertainment (ie, sound and video recordings scripted for sing- along participation) to its patrons. We understand that Cafe Karaoke Do Thanh is not licensed zo se11 alcoholic beverages and does not plan to sell alcoholic beverages now or in the futvre. We further understand that the proprietors o£ Cafe Do Thanh intend £or their cafe to provide a safe, welcoming and relaxing place for people to meet after work over a cup of coffee or tea (available in varied blends} and enjoy entertainment that evokes old Vietnamese customs and traditions. NAME ,i/�.1 �"� �� '� �� -- -- � � ,�. ADDRESS �ZL3 S ��b� S t, l�c,. �� r-� �- S S + L:r ��,.��,.� � cz�,� s� �a.,�' �2,��, s�� c �. � z P 7 �1��/�� r�� SL�,��l ��7� � �1l�i cri-f"!'� ��ttd'd � lj L o (s Y�/ st/�,eGun/� ) I`�,��s �'D c�l T-- � (Paae � of � pages) �sX �� ?�'.'_'T�."' -GY:.� ::i�' 9�-ay� � S ° x .�"��° �� -�� <<� �^ iF70Pi^ �O ZiC'cE,^.C° v20'c_a� �.. � v3='_...°T!� ._'_., iJT' v8Y_ ]�8T30i3 .�.'Q _:2:�:c. ._� �G�/ �'�7°�_ . hV6. n J... �371 �7?V1i � 17719 I<ECEIPT FOR LICENSE .'�PPLICATIOPT City of Saint Paul Office of License, Irispections And Environmental Proteccion "s50 St. ?eter St. Suice 300 Saint Paul, fdinnesota 55102 Applicant#: 17719 Maili�� Adnress: DON LUaST NGUYEN & DUO1dG DP_2 P$AN 15 BIRCI-I I��NE CAFS SCARAOKE DO TF•F,Nfi OAKDALE MN SSI28 1275 UNTVE4SITY AVE W ST. PAUL I+L�T 5�104 phcne: (G12) 730-4798 Nianager/Owner: DON NGUYEN/DUONG PHAN � Date of Application : OSi19/95 i5 BIRCH LANE License effective from 07/01/95 to G3/31/9b OAICDALS MN 55128 phone: 73G-?798 License ,,;:its ?ee 2045 CIGAT2ETTE 1 $123.G0 2481 RESTAUR,�,NT C -LIMITED 1 $45.00 2432 CABARET -� CLASS A 1 $123.00 Total Fee: $291.00 � ,. SLace Tax ID#: 2066188 ' raid by: CHECK ($15.00 charge for all returned checks) Your license to do business wi.11 bP mai'.ed upon receipt of required approvals. Lf you have any qsesticns regarding your license, please call ------- — --------------------- ---------°_...------"---------�----------------- — - CERTZFICATION OF WU:2IfERS'. COMPSRSATION COVERAGF. PERSUANT TO MINNESOTA STATUTE 176.1°,2 I hereby certify that I, or my company, am in compliance o�ith the workers� compensation insurance coverage requirements of Niinnesota statute 1%6.182, �ubdivision 2. I also understand that provision of false information in thi� certifica':ion const:.tutes suf{icient grounds for adverse action against a11 licenses :�_��d, including revoca::ion and suspension if said licenses. Name of Insurance Company : %� Pol:icy Numher : � --- T' Coverage from to // I have no employees covered under wor'.:ers' compensrtion insurance. --� - / /' i Signature of licensee : ��'ame Date __ .�=�1 � �' ` — � �� g�-a�t1 �.,� ' fn ` � �.� s. '. ,;' .�}.-:: ; �� Inspector as used in these chapters means the director of the office of license, inspections and environmental protection or his or her designee. LICENSES § 310.02 delinquent, on any property, real or personal, sit- uated within the City of Saint Paul and used in connection with the business operated under said license. License means and includes all licenses and per- mits provided for or cocered by these chapters. License also includes licenses issued by the State of D4innesota under statutory pro��isions which per- mit the goveming body to disapprove the issuance of such licenses, for the purposes of making pro- cedures in Chapter 310 of the Legislafive Code applicable to the approval or disapproval of such licenses. Person means and includes any person, firm, corporation, partnership, company, organization, agency, club or any group or association thereo£ It shall also include any executor, administrator, trustee, receiver or other representative appoint- ed by law. Zoning administr¢tor means the official charged with responsibility for enforcement of the zoning code. (Code 1956, § 510.01; Ord. No. 17303, § 3, 10-29- 85; Ord. No. 17569, § 1, 6-7-88; Ord. No. 17919, § I, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.F. No. 94-46, § 6, 2-2-94; C.F. No. 94-500, § 2, 7-6-94; C.F. No. 94-898, § 1, 7-13-94; C.F. No. 95-473, § 1, 5-31-95) Sec. 310.02. Application. (a) Form. All applicants for licenses or permits issued pursuant to these chapters shall make both original and renewal applications to the inspector on such forms as are provided by the division. Such applications shall not be received by the in- spector until completely filled out, accompanied by all fees, insurance policies, bonds, deposits, sure- ties, and indemnifications or certificates required by these chapters, together with the certification required in paragraph (b) below. (b? T¢xes. No person shall be granted a license or a renewal of a license required by the Saint Paul Legislative Code unless, prior to and in ad- dition to any other requirements, rules or ordi- nances heretofore or hereafter required, the Ram- sey County Department of Property Taxation certifies that said applicant has paid any and all ta�ces, real or personal, before said ta�ces become Supp. No. 30 Notwithstanding the previous paragraph, the council, the director or the inspector may issue or renew a license if it is found that: (1) The applicant has made an agreement sat- isfactory to the Ramsey County attomey to pay delinquent taxes in periodic install- ments; (2) The applicant has properly commenced a proceeding to contest the amount of tax due or the valuation of his property, and has made all partial payments required by law in connection with such proceeding; or (3) The business property with respect to which taYes are delinquent is not owned by the applicant, but by a lessor, and it would be inequitable to require the lessee to pay such ta�ces. If a license is issued or renewed because of the eavstence of an agreement as described in subsec- tion (1) above, the license may be revoked if the licensee defaults upon such agreement. (c) Addition¢l information. The inspector shall prescribe the information required to be submit- ted by each applicant in his application, in addi- tion to that required by specific sections in these chapters, as may be necessary to carry out and enforce any provision hereunder. He shall require in every case the applicant to submit his name; business or corporate name; names of partners, officers, directors, shareholders or trustees in- volved in the business; age; address; description or blueprint of the premises, if any, and the owner thereof, and locations and addresses of other busi- ness locations in Minnesota. (d) No reapplic¢tion within one (1) ye¢r ¢fter deni¢l or reuocation. No person may apply for any license within one (1) year of the denial or revo- cation of the same or similar license by the city council, if such denial or revocation was based solely or partially upon misconduct or unfitness of the applicant, evidence of violations of law involv- ing licensed premises, evidence that the applicant had been involved in the operation of a nuisance, 2026.5 § 310.02 LEGISLATIVE CODE or fraud or deception in the license application. A license is `similaz," within the meaning of this pazagraph, if the basis upon which the revocation or denial of the original license was made would have been a relevant basis on which to deny or revoke a license of the type subsequently applied for. (e) Reapplication afler denial; `interest" of ap- pl "uant in reaoked license. An application by a per- son having an interest in, or whose shareholders or officers have an interest in, any premises or any case where the applicant for a license must present a statement in writing signed by a spec- ified number or percentage of persons that they have given their consent to the grant of the li- cense. (Code 1956, § 510.02; C.F. No. 95-473, § 2, 5-31- 95) Sec. 310.03. Investigation and review of new applications, etc. � -:�. enterprise whose license has been revoked or to The inspector shall determine the sufficiency which a license has been denied shall be treated and accuracy of each new application and obtain as an application by the person whose license was such criminal history information as may be used denied or revoked. The term "interest," as used in under Minnesota Statutes, Chapter 364, and is this pazagraph, includes any pecuniary interest otherwise available by law. The inspector shail in the ownership, operation, management or prof- make reasonable and appropriate investigation of its of an establishment, but does not include: bona the premises or personal property, vehicles or fa- fide loans; bona fide rental agreements; bona fide cilities, as may be involved in or related to the open accounts or other obligations held with or licensed activity, and shall request, where appro- without security arising out of the ordinary and priate, the assistance of other city divisions or regulaz course of business of selling or leasing departmentsin making additionalinvestigations merchandise, fixtures or supplies to such estab- for the purpose of determining whether the appli- lishment; an interest in a corporation owning or cant is or will be in compliance with all applicable operating a hotel but having at least one hundred ordinances and statutes. The appmval of such oth- fifty (150) or more rental units holding a license in er divisions or departments is not required for conjunction therewith; or ten (10) percent or less issuance of a license unless otherwise required by interest in any other corporation holding a li- specific sections in these chapters. All new appli- cense. cations shall be reviewed by the zoning adminis- trator or his designee for compliance with all re- (fl Prohibition on re¢pplic¢tion; exception. The q�ements of the Saint Paul Zoning Code, and no prohibition on reapplication herein provided shall new license shall be granted without full compli- not apply in cases where it is othercvise expressly ynce with said requirements, All new applications provided by statute or ordinance. involving a premises, location, building or sttuc- (g) W¢iting period after filing of petition. Any �'e shall be referred to the director of the depart- ment of fire and safety services and to the build- for any license shall not be considere as o ci y (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) filed and irrevocable until seven (7) worl�ng days after a petition is received in the inspector's office. During the seven-day waiting period, any signa- Sea 310.04. Levels of approval; recommen- tor of any petition may withdraw his name there- dations. from by written request, and such request shall be appended to the subject petition and made a (a) Class I licenses. Where an application for part thereof. After the seven-day waiting period, the grant, issuance or renewal of a Class I license signatures may not be withdrawn unless it is meets all the requirements of law, and there ex- shown they were obtained by fraud or duress. Sig- ists no ground for denial, revocation or suspen- natures withdrawn or obtained by fraud or duress sion of, or the imposition of conditions upon, such shall not be counted in determining the su�cien- license, the director shall grant, issue or renew cy of the petition. This subdivision shall apply in said license in accordance with the application. ` Supp. No. 30 2026.6 9�-a�+� � �`"`' ,,� j LICEYSES § 310.05 (b) Class II licenses. 4�'here an application for the grant, issuance or renewal of a Class II license meets all the requirements of law, and there e%- ists no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) Class I and Class II licenses, if denied by director. In the event the director,in the case of both Class I and Class II licenses, determines that the application for grant, issuance or renewal of the license does not meet all the requirements of law or that there exist grounds for denial, revo- cation, suspension or other adverse action against the license or the licensee, the director shall rec- ommend denial of the application and follow the procedures for notice and hearing as set forth in section 310.05. (d) Cl¢ss IZI licenses. (1) Gr¢nt, issuance or tr¢nsfer. Upon receipt of a fully completed application and required fees for a Class III license, and after the investigation required, the director shall no- tify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director rec- ommends denial of the grant, issuance or renewal of a Class III license, or where the council believes that there is evidence which might result in action adverse to the origi- nal or renewal application, the director on his or her own initiative, or at the direction of the council, shall follow the procedures for notice and hearing as set forth in sec- tion 310.05. Where the application for the grant, issuance or renewal of a Class III license meets all the requirements of law, and where there eaists no ground for ad- verse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renewal. The director shall in writing no- tify the council, and the affected neighbor- hood organization(s) established for citizen participation purposes, at least sixty (60) days before the expiration date of all Class III licenses. A public hearing on the renew- al of any such license shall not be held ex- Supp. No. 30 cept on the request of a councilmember, which request shall be incorporated in the form of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the a$'ected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the ea�piration of any such license, and where there exists no ground for adverse action, the council shall by resolution direct that the director issue the license in accordance with law. (e) Appe¢l; Cl¢ss I or Cl¢ss II licenses. An ap- peal to the city council may be taken by any per- son aggrieved by the grant, issuance or renewal of a Class I or Class II license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particulaz the alleged errors of law. The council shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The procedures set forth in section 310.05, insofaz as is practicabie, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an ertor of law. The filing of an appeal shall not stay the issuance of the license. (fl No waiver by renew¢l. The renewal of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.E No. 94-500, § 1, 7-6-94; C.F. No. 95-473, § 3, 5-31-95) Sec. 310.05. Hearing procedures. (a) Adverse action; notice and he¢ring require- ments. In any case where the council may or in- 2027 § 310.05 LEGISLATIVE CODE ,�-�-+, tends to consider any adverse action, including the revocation or suspension of a license, the im- position of conditions upon a license, or the denial of an application for the grant, issuance or renew- al of a license, or the disapproval of a license is- sued by the State of Minnesota, the applicant or licensee shall be given notiee and an opportunity to be heazd as provided herein. 'I'he council may consider such adverse actions when recommend- ed by the inspector, by the director, by the director of any e%ecutive department established pursu- ant to Chapter 9 of the Chartzr, by the city attor- ney or on its own initiative. (b) Notice. In each such case where adverse ac- tion is or will be considered by the council, the applicant or licensee shall have been notified in writiag that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepazed and served or mailed by the inspector or by the city attomey. (c) He¢ring. Where there is no dispute as to the facts uaderlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the coun- cil. Otherwise the hearing shall be conducted be- fore a hearing eaaminer appointed by the council or retained by contract with the city for that pur- pose. The applicant or the licensee shall be pro- gument as well as meet adverse testimony or evidence by reasonable cross-examination and re- buttal evidence. The hearing examiner may in its discretion permit other interested persons the op- portunity to present testimony or evidence or other- wise participate in such hearing. (o-l) Procedure; hearing ex¢miner. The hearing examiner shall hear all evidence as may be pre- sented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, the hearing examiner's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing examiner. After receipt of the hearing egam- iner's findings, conclusions, and recommendations, the council shall provide the applicant or licensee an opportunity to present oral or written argu- ments alleging error on the part of the esaminer in the application of the law or interpretation oF the facts, and to present argument related to the recommended adverse action. Upon conclusiori of that hearing, and after considering the record, the examiner's findings and recommendations, togeth- er with such additional azguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclusions and rec- ommendations of the hearing examiner. (c-2) Ex p¢rte cont¢cts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with 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 deliber- ations of the matter. No interested person shall, with l�owledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, az �m ent or opinion about the matter, or any is- sue in the matter, to a council member or his or her staff until the council has taken final action herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures concerning a license matten An interested person, for the purpose of this pa;agraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or ¢pplicant m¢y be represented. The licensee or applicant may represent himself or choose to be represented by another. �� ._� - Supp. No. 30 `L�8 9�-ayi �� , t '�`�' . <:: �- (e) Record; evidence. 'I'he hearing examiner shall receive and keep a record of such proceedings, including testimony and exhibits, and shall re- ceive and give weight to evidence, including heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (fj Councid actiorz, resolution to cont¢in fcrzd- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additionalprocedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and NIinnesota Statutes, Section 340A.415. (h) Discretion to he¢r notwithstanding with- draw¢Z or surrender of ¢pplic¢tion or Zicense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse ac- tion. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attomey representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 30 LICENSES § 310.05 (j) 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 lieense in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps to make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license appiicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hear- ing, and the cost of eacpert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (ii) the nature of the violation was serious, or invoived violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, and/or the circum- stances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpaynnent of a required fee or the failure to renew required in- surance policies; (vi) the violation is covered by the matrix in section 40926 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Impositiorz of fznes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such 2029 § 310.05 LEGISLATIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the partieular 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 I.egislative Code provides for the im- position of a fine, both provisions shall be read together to the egtent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-58; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.E No. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may t¢ke adverse action_ The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in �vriting prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the (b) Basis for actiorz. Such adverse action may be based on one (2) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which aze to be licensed do not comply cvith applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicani) has violated, or perfornzed any act wlxich is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regazdless of whether criminal chazges have or have not been broughtin connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattem or censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the.public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The iicensed business, or the way in which such business is operated, maintains or per- � � _; Supp. No. 30 2030 9G-a�i �- 4 i 7 r �} ,� LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewallis or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) The 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 limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to DZinnesota Stat- utes Sections 609.342 thraugh 609.3451; seaval abuse, physical abuse or maltreat- ment of a child as defined in Minnesota Stat- utes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which con- stitute a violation of Minnesota Statutes Sec- tions 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or en- dangerment of a child as defined in Minne- sota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or bar- ter of a controlled substance as defined in Mimiesota Statutes Chapter 152; the pos- session of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without 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 without first having ob- tained the proper building permits from the city. Supp. ?do. 30 2031 § 310.06 (12) The licensee or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as 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, notwith- standing the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of re¢son¢ble conditions ¢ndlor restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and/or restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in neazby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but aze not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sic) particular type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its pazking lot or immediately adjacent azea; (4) A requirement to provide off-street parking in excess of other requirements of law; § 310.06 LEGISLATIVE CODE (5) A lunitation on the manner and means of advertising the operation or merchandise of the iicensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the liceased business or establishment to ensure that the business or establistunent wiA harmo- nize with the chazacter of the area 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 with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The council may impose such conditions on Class TII licenses with the consent of the ticense hoider, or upon any class of Iicense as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon aad as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for multiple license determina- fion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: of the erounds found verse action would be based; (2) The policy and/or regulatory goals for the particular 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 relative importance to the 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 action against less than all of the licenses or applications wouId result in difficulty in enforcing and monitoring the adverse action taken; (6) The hardship to the ticensee or app�icant that would be caused by applying adverse action to all licenses or applications; and (7) The hazdship and/or danger to the public, or to the public health and welfare, that would resuit from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No.17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No. 179I7, §§ 2, 3, 3-31-92; Ord. No. I7922, § I, 4-28- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; in�.rance Contracts. (a) Automatic termination, reinst¢tement; re- sponsibilityofZicensee. AR licenses orpermits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the ticensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, attomeys or.any other persons as a defense or and maintenance requirements. Tn the event the licensee reinstates and files such policies, depos- its, bonds or certifications within thirty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30) days, the appli- cant must reapply for a renewal of his license as though it were an original application. (b) Bonds ¢nd ansurance requirements: (1) Surety Comganies: AIl surety bonds run- ning to the City of Saint Paul shall be writ- C� Supp. No. 30 2032 /'= x ��t�;; <\�%. �� f�Gs� � 9�-a,y t (b) Bndy shop. The fee required for an automo- bile body repair shop or an automobile body paint- ing shop, which is a shop in the business of mak- ing major or substantial repairs to the shell or body of an automobile, and of major or substantial painting or repainting of the shell or body, shall be established by ordinance as specified in section 310.09(b). (C.E No. 941562, § 2, 11-16-94) Cross reference—Annual increases in license fees, § 31016. Sec. 423.03. Business hours. Where a reasonable basis is found by the coun- cil to er.ist and to protect the adjacent property and the public peace, health and safety, the coun- cil, upon issuing a new license or renewing a li- cense, may impose as a condition on the license a limitation as to the hours when the business may remain open. Chapter 424. Gasoline Filling Stations* Sec. 424.01. License required; definition. (a) No person shall engage in the business of keeping, maintaining or operating any gasoline filling station in Saint Paul without a license. (b) A"gasoline filling station" means and in- cludes any piace, building, pump or device main- tained and used on private premises or upon any public place for the main purpose of selling or dispensing gasoline, oil or any automotive fuel for use in motor vehicles of any kind. Sec. 424.02. Fee. The fee required, where the gasoline filling sta- tion is located wholly on private property, is as follows: for each station having three (3) pumps or fewer, fifty-three dollars ($53.00); and for each sta- 'Editor's note—The license under this chapter, formerly codified as Ch. 335, derived from Code 1956, §§ 351.01, 351.02, 351.04--351.07, 389.02, as amended by Ord. No. 16883, adopt- ed Feb. 11, 1982, and was reclassified from Class I to Class III license by Ord. No. 17208, adopted Jan. 31, 1985, and recod- iSed as Ch. 424. Cross refereaces—Fuel dealers in liquld fuel, Ch. 332; private fuel pumps, Ch. 336. Supp. No. 30 LICEI�SES § 424.06 tion having four (4) pumps or more, fifty-three dollazs ($53.00) plus eleven dallazs ($11.00) for each pump in excess of three (3). Cmss reference--Annual increases in license fees, § 330.16. Sec. 424.03. Permit. It shall be unlawful for any person, firm or cor- poration to install, operate or maintain a.ny cur6 pump or other gasoline dispensing device on any public street, alley or other public property within the City of Saint Paul; provided, that the council by ordinance may grant a temporary permit, re- vocable at the pleasure of the council, for the in- stallation, maintenance and operation of such fa- cilities in any public highway and without the portion thereof designed for vehicular traffic, ex- cept in a district classified as residential by virtue of the zoning code, when such facilities shall be installed, maintained and operated exclusively for the supplying of gasoline not for public sale, but for private use in and upon the abutting premises; provided, that there be compliance with Chapter 336. Sec. 424.04. Inspection. It shall be the duty of such members of the de- partment of fire and safety services as the direc- tor thereof may detail for such duties to inspect all such filling stations at various and reasonable tunes for the purpose of ascertaining whether the provisions of ail ordinances and laws pertaining to precaution against damage from fire h2ve been complied with in the construction, operation and maintenance of said filling stations, and to en- force the same. Such inspection may also be made at any reasonable time for the purpose of ascer- taining whether construction, remodeling or re- pairs have been accomplished in accord with plans or specifications required to be filed with the city. Sec. 424.05. 1�ansfer. Licenses shall not be transferable. (C.E No. 95-474, § 1, 5-31-95) Sec. 424.06. Business hours. Where a reasonable basis is found by the coun- cil to e�st and to protect the adjacent property and the public peace, health and safety, the coun- 2221 § 424.06 LEGISLATIVE CODE cil, upon issuing a new license or renewing a li- Perform¢nce, as defined in Minnesota Statutes, cense, may impose as a condition on the license a Section 617.241. limitation as to the hours when the business may (Ord. No. 17623, § 1, 1-17-89} remain open. Chapter 425. Reserved Chapter 426. Cabarets* Sec. 426.01. License required. (a) No person shall engage in the business of operating a cabazet or adult cabazet without a license as provided for in this chapter. No license issued under this chapter shall be transferable from one (I) person, business, corporation or lo- cation to another. (Ord. No. 17623, § 1, 1-17-89) Sec. 426.02. Definitions. As used in this chapter, the terms defined in this section have the following meanings ascribed to them: Adequate or ¢pproued means acceptable to the director ofthe division of public health or his agents following his determination as to conformance with public health practices and standazds. Adult cabaret, as defined in section 60201 of this Code. Adult use, as defined in section 60201 of this Code. C¢baret means a building or porhon o a - ing used for the providing of danee perf'ormance or other live entertainment, but egcludes there- from theatres, liquor establishments and public dance halls. No obscene work shall be allowed. Obscene, as defined in Minnesota Statutes, Sec- tion 617241. Obscene work, as defrned in Chapter 274 of this Code. Sec. 426.03. License classification. The cabazet license shall be lmown as a Class A license and the adult cabaret license shall be lmown as a Class B license. (Ord. No. 17623, § 1, 1-17-89) Sec. 426.04. Fee. The required fee for a Class A or a Class B li- cense is as follows and only one (1) adult use shall be allowed in a building or portion of a building. The licensee shall display the license in a promi- nent place on the licensed premises at all times. A license, unless revoked, is for a calendaz yeaz, or part thereof, for which it has been issued. (a) Area less than 2,500 squaze feet ........................ $ 48.00 (b) Area between 2,500 and 5,000 squaze feet ................. 80.00 (c) Area between 5,000 and 6,500 square feet ................. 1Z0.00 (d) Area more than 6,500 squaze feet ........................ 160.00 (Ord. No. 17623, § 1, 1-17-89) Sec. 426.05. Licensing requirements. (a) Applicatiorz. An application for a license shall be made at the o�ce of the inspector by fi2ing the annual license fee and by completing an applica- tion form. The application form, which shall be prepazed by the inspector and approved by the r--_ � tion: (13 A description and location of the premises to be licensed. The detailed plans of the premises and fumishings shall be attached to the application. (2) Names and addresses of the property own- er, the business owner, the lessee, the man- ager or operator and, if a corporation, all *Cross refereaces—Dance halls, Ch. 405; entertainment, Ch. 411; theatres and movie theatres, Ch. 415. Supp. No. 30 2222 9b ay� � ;, � `�__�J LICENSES the names and addresses of the officers of such corporation, and any other person or corporation which may have a financial in- terest in the premises to be licensed. (3) A description of any crime or other offense, including the time, place, date and disposi- tion, for which any of the persons named in subpazagraph (2) ofthis pazagraph (a) have been arrested or convicted. (4) A description of the services to be offered. (5) The business, occupation or employment of each ofthe persons named in subparagraph (2) of this pazagraph (a) for the three (3) Supp. No. 28 2222.1 § 426.05 y�-�.y� ,- LICENSES § 426.05 � � years immediately preceding the date of application. (6) The previous eacperience of the persons named in subpazagraph (2) of this pazagraph (a) in a cabaret or similar business. (7) A statement as to whether the persons named in subpazagraph (2) of this paragraph (a) have had any license denied, revoked or suspended in the City of Saint Paul or the State of Minnesota, the reason therefor, and the business activity or occupation of the individualsubsequentto such suspension, revocation or denial. (8) In the case of an adult cabaret, written proof that each employee is at least eigh- teen (18) years of age. The application will then be reviewed by the division o£ public health, division of housing and building code enforcement, police department and such other departments as shall be deemed nec- essary. The departments will thereafter submit their reports and recommendations to the office of the inspector, who will submit all of the reports and recommendations of the other departments together with the inspector's report and recom- mendation to the Saint Paul City Council. The city council, Following a public hearing, shall ei- ther grant or deny the license in accordance with the procedures set forth in Ch2pter 310 of this Code. (b) He¢ring, notifccation At least thirty {30) days before a public heazing on an application for a license, the department of finance and manage- ment services shall notify by mail all owners and occupants who own property or reside within three hundred (300) feet of the property line of the es- tablishment to be licensed, and all community organizations that have previously registered with said department, of the time, place and purpose of such heazing, said three hundred (300) feet being calculated and computed as the distance messured in a straight line from the nearest point of the property line in which the business is to be oper- ated to the neazest point of the property line owned, leased or under the control of the resident. Prior to the heazing date, the department of finance Supp. No. 7 and management services shall submit to the city council a list of the names and addresses of each person or organization to whom notice was sent, and certification of such list by the clerk shall be conclusive evidence of such notice. The failure to give mailed notice to owners or occupants resid- ing within three hundred (300) feet, or defects in the notice, shall not invalidate the license, pro- vided a bona fide attempt to comply with this pazagraph (b) has been made. A bona fide attempt is evidenced by a notice addressed to "owner" and to "occupant" of the listed address. Only one (1) notice need be mailed to each house or each rental unit within a multiple-family dwelling re- gardless of the number of occupants. The not�cation requirements of this paragraph. (b) shall not be applicable where the license is to be held in a place located within the downtown business district. For purposes of this chapter, "downtown business district" shall include all that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street; Chestnut Street to Pleasant Avenue; Pleas- ant Avenue to Kellogg Street; Kellogg Street to Summit Avenue; Summit Avenue to Tenth Street; Tenth Street to Interstate Freeway 94;Interstate FY�eeway 94 to Lafayette Bridge; Lafayette Bridge to where the bridge crosses over Warner Road; Warner Road to Shepard Road; Shepard Road to Chestnut Street. (c) Hearing. The city council shall afford the applicant and all interested parties a public hear- ing, and shall have the discretion to consider in granting, denying or renewing the license any reasonable fact or circumstance relating to the public health, safety and weifare, including, but not limited to, the following: (1) The character and suitability of the area or neighborhood in which the licensed prem- ises is to be lceated; and (2) Tr�c congestion and parking problems. (d) Basis for deniaL The council may deny an application for renewal or grant of a license on the basis of a determination that the public health, safety or welfare would be otherwise adversely 2223 § 426.05 LEGISLATIVE CODE affected, taking into account one (1) or more of the facts or circumstances in this section; provid- ed, however, that the council shall not consider as grouads for denial ang activity on the part of the applicant, which activity is protected by the pro- visions of the constitutions of Ehe United States or of the State of Minnesota. (e) Restrictions may be imposed �T�here a rea- sonable basis is found by the council to impose reasonable restrictions upon the license, taking into consideration one (1) or more of the above facts or circumstances, the council may, upon is- suance or renewal of a license, impose such rea- sonable conditions and restrictions on the man- ner and circumstances under which the licensed activities shall be conducted to preserve the pub- lic peace and protect and promote good order and security. The intent of the council is not to impose any restriction or condition upon a license which will unlawfully restrict any rights protected by the cronstitutions of the United States or of the State of Ivtinnesota. (Ord. No. 17623, § I, 1-17-89) Sec. 426.06. Adverse action; grounds for sus- pension, revocation, or denial. The city council may consider the taking of adverse action regazding a license application or licensed business as set forth in this section; pro- vided, however, that the council shall not con- sider as grounds for such adverse action any ac- tivity on the part of the applicant or licensee, which activity is proteeted by the provisions of the constitutions of the United States or of the State of Minnesota. cation if the applicant or persons in his empIoy are not complying with or have a history of violations of the laws aad ordi- nances that apply to public health, safety or morals. (2) It shall be grounds for the denial, suspen- sion or revocation of a license if the owner, manager, Iessee or any of the employees or persons having a financial interest in the business is convicted of any violation, rea- sonably related to the licensed activity and/or Supp. No. 7 occurring on the licensed premises, of any law. (3) It shali be grounds for suspension or revo- cation of any license grante3 under this chapter if the premises c�o not comply with the health, housing, fire, zoning and build- ing regulations of the City of Saint Paul or State of Minnesota. (4) An application may be denied or a license may be suspended or revoked if the pres- ence of such establishment is found to be detrimental to the health, weIfare or safety of the citizens of the City of Saint Paul. (5) A license may be denied or a license may be suspended or revoked upon evidence of a material variance in the actual plan and design of the premises from the plans sub- mitted pursuant to this chapter, or £rom the original design of the premises when initially licensecZ, without prior approval of the city council. (6) Licenses may be granted only to establish- ments which caa meet the requirements of the health, housing, building, fire and zon- ing code regulations of the City of Saint Paul and State of Minnesota. (7) It shall be grounds for denial, suspension or revocation of the license if there is any fraud or deception involved in the license application or license renewal. (8) It shall be grounds for suspension or revo- cation of the license if the licensee, owner, lessee or manager fails to comply with any or statutes of the St taining to a cabaret. (9) It sha1l be grounds for the suspension or revocation of the license if the licensee or owner or manager or any of the employees or persons having a financial interest in the premises aze found to be in control of or possession of any alcoholic beverages or con- trolied substances on the premises, posses- sion of which is illegal under city ordinance or state law. � . ./ �_.� 2224 q�-a�� ,�:-= LICENSES (10) It shali be grounds for the denial, suspen- sion or revocation of the license if the lic- ensee, owner, lessee, manager or employee has evidenced in the past willful disregard for the health, housing, zoning, building and/or fire codes and regulations. tll) It shall be grounds for the denial, suspen- sion or revocation of the license if any afore- mentioned person or persons shall refuse to permit any police officer or inspector em- ployed in the city's fire department, depart- ment of community services, division of li- cense and permit administration to inspect the premises or operations during normal business hours. (12) It shall be grounds for the denial, suspen- sion or revocation of a license if the lic- ensee or any employee is found to be in violation of the provisions of this chapter. (13) It shall be grounds for the denial, suspen- sion or revocation of the license oF any adult cabazet if any employee is under eighteen (18) years of age. (Ord. No. 17623, § 1, 1-17-89) Sec. 426.07. Snbmission of plans and specif'i- cations. All persons who hereafter construct, e�ttensively remodel or convert buildings or facilities for use as a cabaret or adult cabazet shall conform and comply in their wnstruction, erection or alter- ation with the requirements of this chapter. Plans and specifications for such layout, arrangement and plumbing and construction materials, size and type of equipment and faciiities shall be filed by the owner in the o�ce of housing and buiiding code enforcement within the department of com- munity services. A building permit shall not be issued for any such construction, remodeling or alteration until such permit shall have the ap- proval of the division of public health. (Ord. No. 17623, § 1, 1-17-89) Sec. 426.08. Inspection by city off'icers and identification of employees. During any hours in which any person is pFesent on the licensed premises, all cabazets and adult Supp. No. 19 2225 § 426.10 cabarets shall be open to inspection by city health, fire, zoning, building and license inspectors and police officers. Upon demand by any police officer, any person engaged in providing services in any licensed presnises shall identify himself/herself giving his/her true legal name and correct ad- dress. (Ord. No. 17623, § 1, 1-17•89) Sec. 426.09. Rules and regulations; director of division of publie health may promulgate. The director of the division o£public health shall make such rules and regulations in keeping with the provisions of this chapter and as may be rea- sonably necessary to the safe and sarutary opera= tion of all cabarets and adult cabarets. Such rules and regulations shall be effective when filed in the office of the city clerk and inspector, and amendments thereof shall be effective twenty (ZO) days after being so filed. Violations of such rules and regulations may be sufficient grounds £or re- vocation or suspension of any and all licenses is- sued pursuant to this chapter. (Ord. Na. 17623, § 1, 1-17-89) Sec. 426.10. Unlawful acts. It shall be unlawful for: (I) Anyone to engage in, conduct or carry on any cabaret or adult cabaret establishment without a valid license issued pursuant to this chapter. (2) Any person in any licensed establishment to place his or her hands upon, or to touch with any part of his or her body, or to fondle in any manner, or to massage, the genital area of any other person. This provision shall not apply to any performance which constitutes a form of constitutionally pro- tected expression, unless such performance is deemed to be obscene. (3) Any person in any licensed establishment to expose his or her genital area or any portion thereof to any other person, or to expose the genital area or any portion thereof of any other person. This provision shall not apply to any performance which § 426.10 LEGISLATIVE CODE _ ., _ constitutes a form of constitutionally pro- tected expression, unless such performance is deemed to be obscene. (4) Any person, while in the presence of any other person in any licensed establishment, to fail to conceal with a fully opaque cov ering the genital azea of his or her body. This provision shall not apply to any per- £ormance which constitutes a form of con- stitutionally protected expression, unless such performance is deemed to be obscene. (5) Any person owning, operating or managing any licensed establishment knowingly to cause, allow or perxnit in or about such es- tablishment any agent, employee or any other person under his or her control or su- pervision to perform such acts prohibited in subpazagraphs (1) through (4) of this sec- tion or any obscene act. (6) Any persan to employ any person under the age of eighteen (18) to work in any adult cabaret. (Ord. No. 17623, § 1, 1-17-89) Chapter 427. Health/Sport Clubs* Sec. 427.01. Lieense required. No person shall engage in the business of oper- ating a health/sport club without being licensed as provided in this chapter. No license issued under this chapter shall be transferable from one (1) person, business, corporation or location to an- (Ord. No. 17624, § 1, 1-17-89; C.F. No. 92-1269, § 1, 9-15-92) Sec. 427.02. Definitions. As used in this chagter, the terms defined in this section shall have the following meanings as- cribed to them: Adequate or approved means acceptable to the director or agents of the division of public health •Cross refereaces—Massage pazlors, savnas, etc., Ch. 412; steam roomlbath house, Ch. 428. following director's determination as to conform- ance with public health practices and standards. Health/sport club means a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual reereational activities, oper- ated for profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or open to the public for a fee. (Ord. No. 17624, § 1, 1-17-89; Ord.1�TO. 17841, § 1, 6-6-91; C.F. 92-1269, § 1, 9-15-92) Sec. 427.03. License classification. This license shall be a Class IIT license as de- fined in Section 310.01 of this Legislative Code. (Ord. No. 17624, § 1, 1-17-89; C.F. 92-1269, § 1, 9-15-92) Sec. 427A4. Fee. The required fee for a license is two hundred dollazs ($200.00). A sepazate license shall be ob- tained for each place of business: The licensee shall display the license in a prominent place on the licensed premises at all tunes. A license, unless revoked, is for a calendar year, or part thereof, for which it has been issued. (Ord. No. 17624, § 1, 1-17-89; Ord. No. 17841, § 2, 6-6-91; C.F. No. 92-1269, § 1, 9-15-92) Sec. 427.05. License requirements. (a) Application. The initial application for a li- cense shall be made at the office of the inspector by £iling the annual license fee and by completing an application form. The application form, which by the city information: (1) A description and location of the premises to be licensed. The detailed plans of the pre- mises and'furnishings shall be attached to the application; including a site plan showing the Dff-street parking. (2) Names and addresses of the property owner, the business owner, the lessee, the man- ager-or operator and, if a corporation, all the names and addresses of the officers of such corporation, and any other person or � Supp. ATO. 19 2226 ' ! f � i � 20'd 1tl101 7A,�2NG CADE 9�-�,`tl $ 60201 :1a':dt bookstore. Abuilding orportion af abirild- ing uaed for the barter, rentat or sale of itema consisiing of printed matter, pietures, slides, records, audio tape, videotape or motiari picture film if a subsiaataal or significant portioa of such items are distinguiahed or characLerizedbp an em- phasis on the depictian or descriptien of"specified se�ual activities" oz °specified anatomicat azeas." "Snbstantial or significant porcinn of items," for purposes of this interiui ar�ance (C_F. No. 93- 279], yha11 nte&tt more thaa fifteen (15} percent of nsable floor area. No obscene wark shall be al- lowed. Editor'a nete--C.F. No 9&279 referred w abone was sn interim ordivaaCe enaciad for & prsiod of titne not W ezee¢d a� year from its effeetive date, whuh date was anacted w be thirty (30) days from and aftet its pasavge, aPP�at and pu6- lieAtion. S�xtion 3 d C.F. No. 49-278 provided that these pro- visioas "may ba ezcended 6p revotution of the dzp council For addikoasi peziods of time, aot to esxed sn additional eigh- teea montha. ,' Adulz cubaret. Abuilding or pflrtion of a huild- ing used for Amviding dancing or other live enter- tainment, if such building or portion of a building exclndes minors by virtue of age, ar if ench dazxc- ing or other live entertainment is distingniyhed ar chsracterized 6y an emphasis on the presenta- tion, dispiay, depictian or description of "specified seaual activities" or "specified anaipmical aresa." No obscene work shall be allowed. Adu1t conuersatinn 1 rap parlor. A conversarion/ rap parlor which esciudes minors hy reason o£ age, or wlrich provides the service of engaging in or listening to conversation, talk or discussiaa, i{ such service is diatinguished or characterized by an emphasis on "specified sexua3 activities" ox "specified anaWmical arEas.° 130 obscene work sha]1 be aIlowed. Adu2i h¢atthlsport club. A healthlsport club vehich exciudes minors by reason of age, or if sneh ckub is dietinguixhed or chazacterized by an em- phasis on "specifted seaual activities" or "speeified anatomical areas:' No obscene work ehal! be al- lowed. Adrstt massage parlor. A massage parlor which restricts minors by reasan of age, or whicb pro- rides the service of "massage; if such seryicz is 3sspp. No. 30 ze�d za�zz9ae Ol disting�xished or eharacterized hp an emphasis on "gPecifi�i seaual adivitiesn or "sp¢cified anatom- ical azeas.' Na obscene work shall be allmaed, AdutE mini-motron picture theatre_ Abuiidmg or portion of a hazidiag witti a capacity for Iess t�an fiftp (50) persans u.g� for presenting material if such building or portian of a building as a prevatZ- � P��ce eacludea minozs by virtue of age, or if such mate.riat is distinguished ar chazaeterizea by an emphasis oa the depiction or description of `apecihed sezval activities" or "specified anatom- ical areea" for observatiqn by gatsons thexeiu. Ivo obaceae wo7k shatl be allnwed. Aduit motion pieture theatre_ A hssilding or por- tion of a bwlcfiing with a capaci6y of Sfty {50} or mnre persot�a used for prnsenting material if such building or portion of a building as a prevail#ng practice escludes minora t�y virtue of age, or if such material is dutingaished or characterized 6y an emphasis on Lhe depiction or desercption of "speei$ed sesua] activiti�" or `speci&ed anatom- ical aresa° for observation by patrons therein. Na abseene Work ahall be allowed. Adult steam room/bathhouse fucility. A build- ing or pazt9on of a bu�7ding used for providing a steeam hath or heat bathing room used for the pvr- pose of pieasure, bathing, reiaxation, or reduci�n,g, nti2izing steam or hot air a9 a cleaning, relaung ar reducing ygent, if sach butiding ar partion n£ a buildin� reatsiets minors by reason of age or if the service provided hy the steam room/bathhouse fi�- cility is distingteished or characterized bq an em- phasis on "specified sexual aciivitiea" or ° `specified anaiomical areas." A3o obscene work shall be al- lowed. Adult uses. Adult uses include adult bookstores, adutt matian picture theatres, adult mini-motion picture theatres, adult massage parlors, adult steam momAsath2wuse facilities, adult raplconver aatian parlors, adult healtYilsport slubs, adult cab- azets, aad other premises, enterptises, businessea or places open to some nr aIl members of the pub- lic at oz i� tivluch there is an emphasis on the presentation, display, depiction or dascription of "speeified sexusl activities" or'speci5ed anatom- ical areas" w}uch aze eapable of heing seen by mesnbers of the public. I3o obscene wa2k ahall be allowed. � 3�I��0 S1.3Na011tl AlIJ WOa� ib:bi 966L—£Z—Ntlf Lic ID.--.•.•-••••----•-- STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As_....... License Name ............. E�cp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 17719 AC DON I.,UAN NGUYEI3 & DLTONG DAI PIIAN 1275 UNIVERSITY AVE W 55104 CAFE KARAOKE DO THANH CABARET - CLASS A RESTAURANT (C)-LIMITED CIGARETTE 03/31/96 9�-a�1 PARTNERS/OWNERS 12977 PH NOTICE SENT 8/31/95 SET FOR 9/27/95 90 MAILED, 33 EMAILED, 2 INTEROFFICE 110795 - RECOMMEND DENIAL AT COUNCIL HEARING - DIR ECTOR/CITY ATTORNEY HAVE FILES CAR/LIC 11-28-95--REVISED APPLICATION RECEIVED TO CHANGE FROM DON LUAN NGUYEN & DUONG DAI PHAN AS LICENSEES Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . TO DUONG DAI PHAN (SOLE PROPRIETORSHIP)--LK--LIC . 11-28-95--THIS CHANGE CANNOT BE NiADE PER THE . CITY ATTORNEY'S OFFICE--CHANGE THE APPLICATION . BACK TO DON LUAN NGUYEN & DUONG DAI PHAN DBA CAFE . KARAOKE DO THANH--LK--LIC Tax Id ................... 2066188 Worker Comp Exp Date..... Telephone ................ 730-4798 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � � In Re the Licenses of Don Luan Nguyen &' - Duong Dai Phan d/b/a Cafe Karaoke Do Thanl Cit.y's Exh. No. 1 CITY OF SAINT PAUL No,m Co7cman, Moyo� August 15, 1995 Don Luan Nguyen Duong Dai Phan 1275 University Ave. W. Saint Paul, MN 55104 • � � OFt7CE OF LICFNSE, INSPBCI70NS AND ENVIRONMPNt'AL PROTECIION Rn6ar KessJe, lJi,srror � y�-ay� lAWRY PROFESSlONAL Tekphone 612•1669090 BUIIDING Fau'vnila 612-2669099 Suiu 300 612-2669124 35fJ St Peta Sueu SaiiuPa+�, M'+ruuwm 55102-I510 RE: License Application #17719, Cafe Karaoke Do Thanh Dear Mssrs. Nguyen and Phan, The Office of License, Inspections and Environmental Protection has received and is processing your application for a cabaret, restaurant, and cigarette license at 1275 University Avenue W. However, at this time none of your licenses have been issued. Please be advised that you are not authorized to conduct a cabaret, restaurant, or cigarette sales <or aay othe= licensable activity) at the aforementioned location. You must cease operation of these activities immediately. Failuie to cease such operation would be possible grounds for denial of your licensa application. If you have any questions, please contact me at 266-9108 or Kris Schweinler, Sr. License Inspector at 266-9110. Sincerely, C��-� � � Christine A. Rozek Deputy Director CAR/jl cc: Phil Byrne Peter Pangborn Lt. Gary Briggs Robert Kessler Kris Schweinler � � � In Re the Licenses of Don Luan Nguyen 8 �'uong Dai Phan d/b/a Cafe Karaoke Do Than7 City's Exh. No. 2 OAPICE OA LiCENS$ INSPECI70NS AND FNYIRONl�NTAI. PROTECIYON Rabet J[evla. D'veaar -- 9��! CITl' O�' Sf�INT PATJI.. Norm Coleman, Mayor LUWRY PROFESSIONAL BUII.DINC Suiu 300 350 St Paw Sara SaintPau�Mrnnewta SSIO2-ZSIO r��„� ana�a�n Facdmile 612 Z669b99 612-2669124 August 17, 1995 Don Luan Nguyen Duong Dai Phan 1275 University Ave. W. Saint Pau1, MN 55104 RE: License Application #17719, Cafe Karaoke Do Thanh Dear Mssrs. Nguyen and Phan, The purpose of this letter is to clarify the status of the business licenses at 1275 W. University Avenue. The Office of License, Znspections, and Environmental Protection has approved your cigarette and restaurant licenses. At this time, you a=e authorized to conduct ci�arette and food sales in accoxdance with yotr 13cense applications. However, the cabaret license has not yet been approved by the Saint Pau1 City Council - you are not suthor3zed or licensed to provida any entertainment at this time. You also indicated in the meeting with Bob Kessler and myself on 8/16/95 that you understood this prohibition and would comply. You also indicated in our meeting that you with to cooperate with the Police as you strive to prevent gang activity in and around your establishment, We will endeavoz to set up a meeting next week with the Police to discuss their recommendation for your cabaret license. If you have any questions, feel free to contact me at 266-9108. Sincerely, �° ��"""" � "-i Christine A. Rozek � Deputy Director CAR/,j 1 cc: Phil Byrne Peter Pangborn Lt. Gary Briggs Robert Kessler Kris Schweinler � � In Re the Licenses of Don Luan Nguyen 8 JDuong Dai Phan d/b/a Cafe Karaoke Do Than� City's Exh. No. 3 C1TY OF SAINT PAUL Norm Coteman, Mayor August 3�, 1995 ■^ Cafe Karaoke Do Thanh 15 Birch Lane Oakdale, NIN 55128 �Dear pon Nguyen & Dubng Phan, OFFICE OF LICENSE, INSPECfIONS AND ��LI ) ENVII20NMENTAL PRO?ECTION Robea Kesskr, Direcwr UCENSE AND Telephone: 6I2-266-9I00 INSPECl/ONS Facsimik:612-266-9I24 3S0 St. Peur Snea Suire 300 Saint Paut, Minnesom 55102 A hearing-on your application for a Cigarette, Restaurant-C and Cabaret-A License(s) ID #17719, located at 1275 University Avenue West, will be held before the Saint Paul City Council on September 27, 1995, at 3:30 PM in the Council Chambers, third floor of the City and County Courthouse. This date may be changed without the Licensing Office's consent and/or knowledge. Therefore, it is suggested that you call our office at 266-9090 to confirm this hearing date. Your presence is required at this hearing in order to respond to any questions that may arise. Sincerely, L �� j`c ' �� c�� Y Christine Rozek License Manager � ^ �-� In Re the Licenses of Don Luan Nguyen 8 '"IIuong Dai Phan d/bla Cafe Karaoke Do Than1 City's Egh. No. 4 t . . CITY OF SAII�]T PAUL Norm Coleman, Mayor APPLICATION FOR CABARET (A), RESTAURANT (C) AND CIGARETTE LICENSE License fee: Cabaret (A) Restaurant (C) OFFICE OF LICENSE, INSPEC770NS AND 9b '��, ENVIRONMENIAL PROTECTiON Robert Kessler, Direc[or � �� 7� LICENSE AND Telephone: bl2-2b6-9T 00 INSPEC770NS Facsrmile:612-266-9124 3J0 St Peter Street Suite 300 SaintP¢ul, Minnesom 5�102 $164.00 $60.00 cigarette $164.0o f��/!.� 3/3/ � U�E/VSE �F�GTI VE L?gTE � - / - g,,� L/ GFatlS L� EiC/�/aAT/Q/t! 9 ,yo,�/T�s OgT� .3 - 3 i - 96 ��Z 3 . o0 y�, o0 /•23•00 a' a 91 • oo � 9 M�D�/Tf /' � - ■ .� ,� FD/G � �1i2 In Re the Licenses of Don Luan Nguyen & �Z� � — 'Duong Dai Phan d/b/a Cafe Karaoke Do Th� City's Exh. No. 5 - 9 -a�� CLASS III LICENSE APPLICATION CTIY OF SAINT PAUL Office of Licenx, Inspettiors xad Em:ronmcntal Pro:cction 3� Sc P<ja R Su:�e i�] c�:�• Pav� ].:ivv,o:a 55102 �si�� rss�w :� (s�z� z�ai�a License I.D. � (for of5te use on7y) THIS APPLICATION IS SL;�7ECT TO REVIE�V BY THE PliBLIC PLEASE TI�i E OR PRI:�'T II�T L��K Type of License being applied for: Ci131� z;T CompanyName: C�r'y 3AFAORE i0 '":?A'. Corpontion / Pannexship / Sol< Proprie�o:s�:� If business is incorporated, give date of incorporation; Doing Business As: COFFE� �HOP (,�/o LiauorX�Beer j,T4ARt^.CX� +^;T�;;T phone: 'Z/h Business Address: 1275 U?�'I�T A J?. _ ST . PATiS. '�1r ;,�1C�4 Street Address City State Zip Between w•hat cross stzeets is the business located? SY�?llICAT3 Y. GRIGuw Which side of the street? SGUTH Are the premises now occupied? idC VJhat T}pe of Business? Mail To Address: 15 BIRCH LT:. OAiSDALr. :�iIQ 77128 S;:eet Addxess Ciy � State Zip Applicant Information: I�'ame and Title: Il0�� S,UA� i7UGNG DAi L31JY'�i, PARTi1:.Rf0'tl�T3R Fat DSiddle (Afziden) I2st Title Home Address: I� BSRC3 L^:. OS3De1LE i�Q 55128 - - Stree[ Aadress Gty State Zip 1 11-20-72 Date of Birth: �� 8-8-52 Place of B'uth: VT;. T�*a.;.T Home Pbone: ( 51 � j730-47�R Are you a citizen of the United States? ATalive? NC ATaturalized? `ir:S/U .S• CITIZ�_v' If you are not a U.S. citizen, you must have tr�ork authorization from the US. Immigration &\afuralization Ser�3ce. Have you ever been comicted of any felony, crime or Fiol�tioa of any city ordinance other than tr�c? YES �O Date of arrest: Chazge: _ Conviction: ��'here? �Sentence: List the names and residences of three persons of good moral character, living within the Twin Cities Metro Azea, not reJated fo the applicant or financially interes[ed in the premises or business, wbo may be referred to as to the applicant's chazacter: NAME ADDRESS PH02.TE THOi�:AS J��'OUD 169C SILTT.�^r. Lli:;:. Rl;...,Utl BRI'HT0"T T��d :.zz_gpn( IIUNG T�I+'[T 1�21 ��Y"�'S ,9T � �8 �tilr�ruT^9P T" �'�tPr ?P�_( TUA.AT PfLAV 'S�8 'TPiT BUR�`' AV S� PF�Tt 4 '`N h1i1+ 07�,� List licenses w]vch yo�urrently bo1 formerly he] or may have an interest in: � LOS �;:Gr.L•.:S COII�;T_ F,ARA .r: ��?'�RTHID�.:T LiSC..dCE FCR COrrr:� SHOP CIiY OF ROS��AD C.A. Have any of ihe above aamed licenses ever been revoked? _ YES NO If yes, list tbe dates and reuons for revocation: Aze you going to operate Yhis business personally? ' 1�ES ` NO If not, uho will operate it? ° Fist tiame Middle Inititl (�!=idrn) 72st Date of Biah Honc Address: S:rect Namc G7 Scate Zip Phonc Numbcr Are you going to have a masiager or assistznt ia this biui:ess? _ YES NO If the mznz�er is not the same as the operator, please complete tbe foIIowing information: F:st I�ame Hone A6dress: 5 .zet ?�'zn• e Middlc Initial (�`.ai3cn) GS Please list your empIo}ment history for the pre�ious five (�� yeaz period: Business/Emptoc�ent Last State Zip Address Date of Birth Phone K�unber 2j DX �AnAGFi+ "�"USIC C'i?'"r:.'Z' reb�9�'dona 422 U�?T4'�RSITY gtn. r 10. 3T. PAUL. :��I � ^ P�F` KAR"OR�' `"i�TT"1 ^i^A Tvl �CO "�ar��, Q.��+l 'SAtTrY R'LT'15� 1f,�F �(1S%^.'1^n.Ai`� Cf1 }i Cr1I»'�"' KA�ACKE BIDT3 i'I1T'r �'�`_,y '�ow �,35�VtA •'V["' �ROV^ AV,� R_ ROS��:�AO� pA L.'tst zll other officers of the corporation: OFFICER TITLE IIOD4E HOME BUSII�'ESS DATE OF RTAME (O�ce Held) ADDRFSS PHO\B PHO:��E BTRTH If business is a pzrtnership, please include tl�e follo�ing information for each partner {use addivonal pages if necessary): � 1�70��T LU '�fiiiVF'� l l _�ft-7� F:st :�ame Midd]e Initial (.'�:=idcn) Iast – � Dau of Birth � �TR^ T V (1AiLT1.�`-.T,F '��T �j, �f� �— �--,��'?6� Home Addxras: Sinst ?�amt Gty State Zip Phone \umber � DUO�UC "AI P�A� �–R Fust Name Middle Initial (L:aidcn) I2st Datc oE Binh Phone Attach fo this applicatiou: ' 1) A detailed description of the desigu, location and square footage of the premises to be licensed (site plan). 2} A copy of your ►ease agreement or proof of owvership of tLe property. AIvY FALSIFICATION OF AI�SGi'ERS GIVEN OR MATERIAL SUBn'iITTED Vi7LL RESULT TN DENL�L OF THIS APPLICATION I hereby state under oatfi that I fiave answered all of tSe above questions, and that tl�e informatioa contaiaed hereia is irue aad corred to tLe best of my knowledge and belief. I hereby state fiuther under oath that I have rueived no money or other considuation, bv way of lo n',�ft, contributio� gs otherwise, otber than already disclosed ia tl�e applicatioa which I fierew�itfi submitted. Substribed � Bf3lJCc KA�iLA NOTAqY PUBLIC-1AINfdESOTA ��, Signature of Applican[ � Da[e A'otary Public � ,n �: � ouniy, MN My Commissioa exp'ues: / G�i s o� d 9� �� 7719 RECEIPT City of Saint Paul FOR Office of License, Inspections LICENSE APPLICATION And Environmental Protection Applicant#= 17719 DON LUAN NGUYEN & DUONG DAI PHAN CAFE BARAOKE DO THANH 1275 UNIVERSITY AVE W ST. PAUL MN 55104 phone: (612)730-4798 Manager/Owner: DON NGUYEN/DUONG PEiPN 15 BIRCH LANE OAKDALE MN 55128 phone: 730-4798 License 2049 CIGARETTE 2481 RESTAURANT (C)-LIMITED 2432 CABARET - CLASS A 350 St. Peter St. Suite 300 Saint Paul, Minnesota 55102 Mailing Address: 15 BIRCA r,nt� OAKDALE MN 55128 Date of Application : OSJ19/95 License effective from 07/O1/95 to 03/31/96 Units Pee 1 $123.00 1 $45.00 1 $123.00 Total Fee: $291.00 !°�1 / A / `S '" - / �/ D �Pf �Y'� State Tax ID#: 2066188 Paid by: CHECK ($15.00 charge for all returned checks) I� Your license to do business will be mailed upon receipt of required approvals. If you have any questions regarding your license, please call ------- — -------------------------------------------------- — ------- ---------- CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PERSUANT TO MINNESOTA STATUTE 176_182 I hereby certify that I, or my company, am in compliance with the workers' compensation insurance coverage requirements of Minnesota statute 176.182, subdivision 2. I also understand that provision of false information in this certification constitutes sufficient grounds for adverse action against a11 licenses held, including revocation and suspension if said licenses. Name of Insurance Company : Coverage from to : POliCy NuiI1bEY : � 2 have no employees covered under workers' compensation insurance. � V 4/a e of licensee �usiness Name Date PLEASE NOTE - FAILIIRE TO SIIPPLY THE FOLLOAING ZNFORMATZON AILL �� JEOPARDIZE OR DELAY THE PROCESSING OF YOIIR I,ICENSE ISSUANCE OR RENEk'AL APPLICATION. MINNESOTA TAX IDENTIFICATION NUMBER Pursuant to the Laws o£ Minnesota, 1984, Chapter 5�2, Article 8, Section 2(270.72)(Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State of Minnesota Commissioner of Revenue, the Minnesota business tax identification number and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regardinq the use oP this information: 1) This information may be used to deny the issuance or renewal of your license in the event you owe Minnesota sales, employer's withholding or motor vehicle excise taxes; 2) Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained £rom the State of Minnesota - Business Records Department - 10 River Park Plaza. Phone: 296-6181. 1 � PS::IIY:.:7 DC.d "LliPfii� S s Cb�tDE:LE, ;�i 55128 (612 CH�?. �A?�tC_✓.i LO ^';+1�?v� Business Name A'TS . ST . PtiUL, :�u� 55104 Minnesota Tax Identification Number: 2056i88 D (If a Minnesota Tax Identification Number is not required for the business being operated, indicate so by placing an "X" in the box.� ^ � � - l Ti � LtJ Signature Date b w I� � i P _ ` 1' I �� '� i 3i ��, � � 3 � -� L�`� I� �� I �� I\ — �� b s� i B �a �, �se — � �� — � 4I� I y � d � � 1 9 � �' � ; � i � ml � � I y � — � �la �� N I'� � � �S , a gG 2�'+ ° �'s ° ga' £� �� 7 �� 1 �, d � �', .��: �_� ��,: � hiY X �--� � 2i �i; ' � c �<'; ,;; ! � R[� X �, f �I � � i °` i � ° sf r, s LL� s i "" ��€ x �S�S �� `Y g :�� x s S y x � � �� I �d2 34 � S� � t = � .� z ;:�3 �� t3 ; �� al�a �� iz s�� _��;�� Yg � �� $3� � � � �� a£ ��a�� a: �� a� �� g �� i � �? $�� a��`�� ,�� $€ �€a ��;' � � �� 0�3 ��'r �€� �&�� , �E � �;�,� �,��;��a�s�� -..�.o< _=_g¢oy� # P �� g6L+�—o�L��t9) 8�i�� :eT:•i `n`I:�Q}I90 'Nr[ N:^2ii� �T N=30�J�ti 'I �u0rt �,�'v'hd ��i�Of.Q ��oe;coo assa13 °uoz�emao„ut IeuoT�ippe ac.a i��-�b � �� .� III \� ♦ � `� , � �� . �� .�i �► ♦ a� TT �� s 1 � �� : � lo 9�-ayi � � � � .� � � � � � � �� z .� � �, �R ��i �', � t �� ?ar�:cing Zc.^.�ng Vrae a�?roved�l �� 'ny the city oi � �. Paui c.^. �� -- --- tipr�l 1C 199�, rile,;' 95 1 `; 1 ' �� . i � 'a� e Z E m j � $ e � . d Y F �a ` z E ZI j m 3 .`> : �I t 3 � m'� � I 3 r— t Y� 2 :3 � . � � 4 � � � � s� _� i�: ,. � _ � 9,O � _ _` . ' . _=�LL.;U::�:�_�:_� '.- " - : ��_d4`__':): �-�� _ � �-=� �~�,� � ��.� ._::.�<�_ ��v� '�� $ � _ � � 1 . � �� z's �' r 3s " ^ � S c � � � anuany a1a�!P�i � � � �,, }�, i� � I � N �. � � z � � C �7 '-� "� D . � rn SYNDICATE ST. �:. � 1(�ro''i�j , � • - � i � � xs � �4sy . 2ziS � ' . �f}�e lS�A2RoKe �i o I ��"��'1�: ,26 oa. S pS j ..� � . . ' . ' . . 'w1I_ . . •itw, xw'141j� N t�.. .. .. . � , . � . .. . . , . ':�:. . �. o . . _�.I�,��r� P �o� r�-vT� � � g,� I z � 1�1 i� , x _, • t: • ' e: . 5; . x. . k; • fi � '`.. � ' � � - .;-]rs.. : ,�,,i �,. . . .. . .., ,`; •.._1: -.. ., .._ _ .. � W � � o D • � r " � . c� o � o . D '3 z o �] .. � � � - X >C x x � , H H CD� tp H H � y k� � . � � ` l •�•• . . /�7��r✓ q�-��i LEASE AGREEMENT This LEASE AGREEMENT (hereinafter called "Lease") made as the 25 day of April 19 95 , by and between; DAYMAR PARTNERS OF ST. PAUI. , a Minnesota General Partnership (hereinafter called "Landlord"), dnd Duong Phan and Don Luan Nguyen d/b/a/ Cafe Karaoke Do Thanh (hereinafter called "Tenant"). WITNESSETH FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid by each of the parties to the other, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DATA SHEET (1) PREMISES: The area outlined in yellow of Exhibit A hereto. Ror the purposes of the Lease, the Premises shall be deemed to contain Z>602.5 square feet. *with one (1) three year option. (2) TERM:Three (3) Lease Years and any partial Lease Year, commencing on Ju Y, 19 95 ,( hereinafter referred to as the Commencement Date) and terminating on June 30, 19 98 ,(hereinafter referred to as the Termination Date) subject to the provisions of Article 10. (3) PERMZTTED USE: The Premises shall be used by the Tenant solely f or: the sale of beverages and ogurt and shakes i addition to karaoke entertainment establishment. (4) TENANT NAME: Tenant shall operate and do business in the Premises and all signs and advertising shall be under the trade name Cafe Karaoke Do Thanh (5} ANNUAL MINIMUM RENT:$ Year 1-$14,892 Year 2 - $14,892 Year 3 - $14.892 Option Year Rental FiQures market rental rates.between (6) PERCENTAGE RENT: N/. of $ — be neQOtiated at lord and Tenant. _(�) of Gross 1 Sa1es in excess rlll. Lli JJ .V4 VJ'JJ �JY1L�. II�.R�. LU�I.I�. l�l�� .1V� �.��v.��+ �...� a ��n,�, �� Page Twv It is agreed thaL ducing che �me periods stated above, Dayyirtar Partners nor Nancv ivlurdakes of TowSe Reaf Fstate skiall enter into any ather lease agreement for the focmer Re�decs Chpice 5paCe. Af�er .uch time p�riods noted herein, the space ws11 no 1fln$er 6e committed to Duong Phan. Pro�erri Addxes�: Ss�uatc Fe.�' 1275 University Avenue St. Paul, Mmnesota 2„602.5 SF, FoimerRenter's C` soace 9�o � 3 y�rs witt� one {3} year apiion Lease C AY the date ofopenin8 for business -�� a Q b°'�°"'� S`'�`S �. � q 9 y�• Lease fix��rat9nn' 3 years. and any partiai raonth in the event Tenant does not elect to execcise the'u opfion Base Net Aent Per Sg,nare �'oot: onth! � $S_'72 psF $1,241 $1+�,892 *Gross rent shall cammence on day Cafe T7o Thanh opens for busizsess C)neratin� �xnenses: M onthtV Annua�l $3.SQ �sf $759.06 $9.308.75 ppera#ing ex{?�nses map fluctuate due to Real Estate Tax, comniun area ma'rntenance, and insurance increases or dureases. Utilities Pavable in Ad�.>ance: Exterior Si�a¢e: Fumicure Pixtures and E�c uivmem= - Tn addifron to opexating expenses, Tenatrt is requir.ed ta pay for gas, elactricih� and phone lines. Tenant s6a11 pa_y first and last manth base rent. Tenani shall have the right to display thear signaqe an front e�cterior mansard. Alt fiiraiiure, �xrures and equipment shall he provided at "Cenant's expense. tlf"P. Li: u:� i UG I.�p • 34 4 , . '.Kasch 15,1995 Page Shree i.�rli... rvn.. c.a�r.i� cru, .i�. atiic�ua #.easehoSd Imoroveme�tg: Ait lea.sehotd itnprovernerns made to the space £ar the purpases of a restaurant shalf be at Tenant's expensa, and must rece'sve 6oth �ty af St Paui and I.sndto� approvals. andsord ork: tlzily to deliver the space �n "as ss cx�ndition and to replace damaged ceiG�g t�es caused by some v.�ter ieakage- O_p_ratin ours: Business Use: Manday through Sunday lU:OO arn - m'sdnight Tenant sha11 he oonducting business as dine inftake ouE flrientat Cufsine and karaoke entertainment. Gaarantee: Tenant staal! persor�slly Cruaxar?tee the fully executed lease docwnent- Responsibla paities to sign iease shall be Cafa Do Thanh Inc. I,ezse Documsnt: The lease docuznent shall be provided fox by'Fow1e Iteal �ssate on behaif of Mazco Propercy �vfsnagemeat and Daymar Partners- Gentlemen, please s�gn below ta indicarE Yonr aece�iance of tfiis T,etter of Icrtent. Thank you. Sinaereiy, Nancy S. i+Qurdakes I.easing Associate i AGRE�D A3�tri ACCEPT�D: Landlord n�� /� ��- a.G--l--� j��2t �'""'.. Mr. I�T. Marg�lis Mr. Curtis Augustine �/��l�s- _ Uate NSM:ah AG�tEED .�+NA ACCEPT�d: Tenant �_ -� ��. �=_'� �� ivir. Duong Phan � - 1 ? Dafe ,��.w:.� 9� �y � �C v _� N � T L Y h Y w r �.[' �- � N � ° i ° .o 1 u w (1 � N fV `� V � 1A C � V a ' �� ^Y C _ '� J O h Y J � � 4 Y � G � �g � � w y �j� O U W N � .... a �um � C N U � ^ �,, x N —F N � F-�+' W y O 3 y •N � � � � N.� o r ,;; .. : i v- C O x ,� w r Y w 1] z N Y 4 , 0 a .0 W Y G � � ^ � w t- w ��w H 6 � �<o � m Y 2 � X � w � � O q V N� � a. �. O O N KuD� � � � a O � �. a C N m ✓ C � c. O w Z C +- c y 9 ` q r�. � N q � N C N N V C � ? r u O E W O 4 u " N N c � C C � I E �I �I � � y ,. � E.{ v-'1 � ( 7 ti� ; � � � 7i � � �L lSl • o {` �-+ PJ n� Y � ti � j p, u V 1 � N w m a m D m o 2 N 6 a � O � � z O � 1 S � C O O r V e � � 0 ; � ` d w C m � L Q M d u N S. u � J G � � O C b L 2 O � C U D • O u � � � C U C � � U C § G � I� �.�- � w � - 0 � N N C N G � V C � u > u m Y N C O t W u x � � 3 .�. N U � c w « j v,c � � O � �^ , O O CI 0 C � N u o u s - >. � L o O !! � L Y s � �- o ' @I r L Y a o v � s M y � 'p 9 C O1 4 9 c 7 � `o ``� « � .V L 7 " « �n � n E � c u a �+ O L N w tl w 0 O N v- .�- o a O .- w Y w �. u Y m m W u � � .. A �� 9o u `o� � �N4 xa�. u � � T� � o wu y L 9 w. u � 4 J tl aV•y b Ltl q U 0. .0 L bL 3 }' u � � >.6 !- � o � � Yi �� ° � � &E o a u O � • L � U � Y � N � a p U O E _, C� � C "_ u p u� �- „ u C � q L G C ��' � N U O t�! N Y� u � N y � d 4 Y '0 H'O �+ b M .� C z � m � to � � � w U L C O 9 w � u E `= '� o E �` Y 3.�'^ o .�. , d � N Q• M L y� U Od � � Y o $ u o 3 � T = u o u p r w 4 D ✓ 3 g '- � 8� ��Y p L u E ° s > J w L t'°�5 .. w o 0 � .. � >. a w 9 U g 9 O b ^ a C C 9� L B � J � C `o'^ Y M C Y E M i ° t M V j� cN M 4 o � u L � V U� L A Y W � .:' � M ^ M , 4 � 1 4 L ' Y � t 3 Y. > M $« � q� � � + � � � �� v/ 4 ° a E q N ' _. � ' R H �« o u ' � . « G N tl � " -. u G M V � � « m « � h� 4 L M 7 �52 � u �� m ..�r �+� � %'? i�?� ( { , i /��' �/ - - ��/� -: ' -�.� 9�-a,y �� CL .�SS III CIlY OF SAT;��T PAUL LICENSE �PPLICATION O�cc of Licrnx. Inspcc;ions and Eneironmrn;al Pracction - . i30 St ➢nc A Suiie 30p �� In Re the Licenses of Don Luan N u en 8 s> p �� . ,,; �� u �� p V (6:_)?66-9090 fu(61:):6F91_< a ✓ - Dai Phan d/b/a Cafe Karaoke Do Tha� City's Exh. No. 6 THIS APPLICA7I0\' ]S St?B7ECT TO REVJEV✓ gy 7'HE PL'�BLIC PLEASE TY"PE OR PRT?QT IN P,:K �?�ivT ^10 I,ICE'i�S� AFPLICSTIGN 1d0. • �- y - _ . Type of License(s) beino applied for: ii � rr 4 � 'i 1'� CompanyName: DUOD?, DAI �;;Ap7 (cole Dro�rietor Corporation / Pzvrnnip ; Sele Prc+prie;or;.*,ip If business is incorporated, give date of inco�oration: N/A DoingBusiness.Ss: CAFF uP_�OK� DO Ti?AP�H BusinessPhone: (612) 545-92 BusinessAddress: 1Z75 UNIVE??SITY A�'� '�7. ST �AliL M'�? 551?4 Sveet Address Ciry State Z{D Bet��een ��hat cross streets is the businz<s loczted? SY*:DICATF & GRTGGS V✓hich side of ,he street? *7pPmH Are the premises no�� occupied� ^:0 D1ai1 To Address: 15 BIRCH L'� SVeei .4ddress .Applicant Information: 1k7;zt T}pe of Bu<iness? OA??DALE Ciry MiQ State Zip � ?�ame and Tit]e: DUONG DAI DHAN (�irn7rR Fat Afiddie @laiden) Lzst Ti!le HomeAddress: 15 BIRCH L�I OARD?.LE MN 55128 Svcet Address City State 2� DateofBirth: 8-8-52 DI�T�AFaG VI�'T:�TAM � PlaceofBir,h: , HomePhone: �61_) 730—d798 Have ;�ou ever been convicted of any feJony, crime or viol2tion of any city ordinance other than traffic? Date of arrest: Charoe• Conviction: �'�'here? Sentence: YES _ NO � List the names and residences of three persons of good mo.�l character, livin� within ihe Twin Cities Metro Area, not related to the applicant or financially interested in the premises or business, vrho may be referred to as to the app]icant's character. NAME ADDRESS ' PHONE THQ*1AS J NOUD 1690 SILVER LA?{E RD, A?F,?+? BRIGH'?'Or1, M*T 633-8005 HUNG TRIBU 1821 HAY*IES ST '.—` 18, MTNNEADOLiS, �'iN 7g2—gg�g TUAN PHAN 1628 VPN BURFrI AV, ST PAUL, P'lI�T 644-9755 List licenses u•hich you currently hold, formerly he]d, or mzy have an interest in: KA?2AOKE EDITFR'.rASPl_MENT LICF"?S4 & CAFE LICED:SE FOR CAFE ?CA?2A03CE THIEN *IGA ROSEMEP_D CA, 7 9�—� 93 Have any of the above named ]icenses e��er been revoked? _ YES ?� T'O If yes, ]ist the dates and re ons for revocation: Are you goin� to operate this business personally? X yES _ 1.0 If not, who will operate it? Fint Name Middle Initial {t.;aidcn) S.aa Date of Binh ljom[ qddmcr 9ren Name .-_ �re��bu _oir:g io �z� e a msnzeer or asss:s-� i� ;his bus;:�rss� _ ti�ES 1�O 1f ihe rian�_cr is not ;he szmc zs ;'�c o, crscer. please comp)e�e i'�e foAo» ir.g info:,»z;ie G� 'a yr J Firn `�zrne ASidtic ]n4� xI 1::: �:r.) Lz<t Daic of Bir.b }iom[ AddiCSS: $t•fCi �Z�n[ G� Plezce list �ovr er..plo�mem history for the rrerious fi�°e (:) �ezr period: Business "Emolo�7ner,t $:ase Zip Phonc \y;�bcr Address DX KA�AO�E TdiU5 C"'im:q ^Eb °5 -*�ow �+22 IIr7IFF'RSITY AV'-`10. ST �A�7T,?� CAr=' TCA�OtC� i�iTE�� '�G= �..� o� _�o�. 4� 9?47. F VALL:Y BL��D'-`105, List zll o�her effice;s of the co�oratioa: '-� OFFICER T1TLE NO'�:E NO'�,E BliSP.�ESS D.ATE OF \A19E (O;fice Neld) ADD.'�Ecg P}30:�E PHO!�E BIRTH If business is a p�'nership, p7ezse incJvde :�.e ;ollo�a ir,� i;.`er•r.2tion for ezth panner (use zdditional pzges if necessarr): n'.A Fi:st'�zmc �4iddlc lni:ial ('�:z;drn) C�' (�.udrn) Ci�' Lzt Sizm Lut Sz�e Dzm ef Bi:,h Zip Phont':embtt Dzte of Binh Hom� Addr�ss: Smec Kzme Frst ?�amt T7iddle Iniiizl Home Address: S•seet'�ame Zip Phone `:umber b4I?QT3ESOTA TAX IDETTIFICATIO'1 ?�'UA,BER - Pursc2nt to the La�a�s of Minnesota, 7954, Chapter �02, Anicle 8, Sectio� (270.72) (7ax Cleznnce; Issuance of Licer.ses), licensing zu:.�orities are required 10 provide to the Stzte of Minnesota Commissio of Revenve, the Minnesota business tax identificz.ion number and the social securiry number of each license applicant. Under the Minnesota Govemment Data Pnctices Act and fl>e Federzl Privacy Act of 1974, vre aze required to advise you of followin� re�ardin� ihe ase of the D4innesota Tax Identificziion T.umber: - This information may be used to deny the isa:<nce or rene�a�a] of ;�ow ]icense in the event you ov.�e Minnesota s� employer's withholding oz motor vehide eacise :laes; - llpon recei��ing this informztion, the licensing �vthoriry w•ilJ supply it onJy to the Minnesota Department of Rev� Hou�ever, under the Federal Eachange of Informztion A�reement, tt�e DepaY.ment of Revenue may supply this inform to the Intemal Revenve Service. Minnesota Tzx ]dentification Numbers (SzJes & L'se Tax'�umber) may be obtained from the State of Minnesota, Business Re Depanment, l0 River Park Plzza (612-296-67 S]). Social SecurityNumber: 586-52-5�98 Minnesota Tax 7dentification T'umber: 2 0 6 518 $ _____ lf a Minnesota Tax ldemification \'umber is not ;rqvired for the business bein� operated, indicate so by placing an the box. CERT7FiCAT701' OF 1�'ORKERS' C `PE'iSAT10\ COVERAGE PL'�RSLAtiT 7 91!�T?:ESOTA ST.4T�T � I hereby cenifi� that I, or my compaa,, am 9n co^pliznce «ith the u�orkers' compensacion insurance coverzee reouirements o? AQinnesota Statute 2 i6.1 S2, svbdi��icioa 3, j zlso underc,�nd that pro��ision of false information in this cerification tonstitates sufficieni �rounds for ad��erse action a_ainst 211 ]ic:nses held, includine revoration and suspension of szid licenses. Name of Insurznce Company: � Policy 7.umber. Co��era�e from i I have no employees covered under �so:kers' compensztiea insurznce _� A'�Y FALSIFICATIO\ OF A.�S«'ERS GIVEN OR �1ATERTAL SliB:�11TTED ti'ILL REStiLT I\ AE\LSL OF THIS �PPLICA?IO.1' I hereby state that I have ans�cered zl1 of the precedin� ouenions, and that the info;mation contained he;ein is true and correct to the best of my };no�+Jedae and belief. I hereby sr�e fi;,�er t'r,zt I have received no money or other consideration, by �+2y of ]oan, gifr_ contribution, or othen� ise, other thzn alrz2cy di<dosed in t! application �� hich I here�vith submined. I also undersiand this premise m;y be inspected by poIice, fire, he2lth and o:her ciry o.`, zt zny znd all Times tivhen che business is in operation. � - - - �l-lG-9 S�on�,^;re (REQLIRED for all appl�cat�ons) Date "A'ote: If this application is Food/Liquor retated, ple2se contact a City of Saint Paul Hea)th Inspector, Steve O]son (266•9139), � review plans, If any substantial chanees to strvcture are anticipated,-please contact a Ciry of Saint Paul PJan Examiner at 266-9007 to app= for building permits. If there are any chanoes to the pazking lot, floor space, or for new operations, plezse contact a City of Saint Paul Zoni� Inspectotat 266-9008. Additional apptication requirements, piease attach: .4 detailed description of the desi;n, tocation and square footage of the premises to be licensed (sife plan). The foltow•ina data should be on the site plan (preferably on an 8 1/2" z 21" or 8 1/2" x I4" paper}: - Name, address, and phone number, - The scale should be stated such as 1" = 2D'. ^�' should be indicaied toH�ard the top. - Placement of all perfinent featvres of the interior of the licensed facility such as seating areas, kitchens, offices, tep= area, parking, rest rooms, etc. - Tf a request is for an additiott or expansion of che 7icensed facility, indicate both the current area and the propo� espansion. A copy of ��our lease agreement or proof of ownership of the property. FOR SPECIFIC APPLICATION REQtiIRE?vIE\'TS. OFFIC OF THE CTTY ATTORNEY - � �-� � �,�tto„�. 9 ��,'� crrY oF san�rr Faul, Norm Coleman, Mayor Civil Division 4A9 Ciry Hal! IS West Ke17o�Blvd Saint Pau{ M'unecota 55702 TelephonC 612 266,8710 Facsimr7e 612 29&5619 September 29, 1995 Don Luan Nguyen Duong Dai Phan \ 1275 University Av w Saint Paul MN 55104 Re: Licenses of Don Nguyen and Duong Phan dba CaPe Karaoke Do Thanh License Application ID # 17719 OuY File Nwnber: G95-0386 Dear Messrs. Nguyen and Phan, I am in receipt of information that could lead to adverse action against you, which could include, 1} denial of your application for an entertainment license and 2) action against your current licenses. The basis' for the denial of issuance of an entertainment license are: California incidents- On November 21, 1994, your establishment in Rosemead, Califoraia, Cafe Karaoke Binh Minh, was cited for conducting karaoke type of entertainment after your application for an entertainment license had been denied. Between the dates of 5/8/93 and 6/2/95, Los Angeles County SheriFf's offiaers were sent to the Cafe Raraoke Binh Minh approximately 35 times for calls involving gangs, drugs or guns. During that same time, the Sheriffs office received approximately 57 other calls for service. In 1993 alone, the Los Angeles Caunty Sheriff's Office received approximately 47 calls to the Cafe Karaoke Thien Nga. Seventeen of these involved gangs, guns, loitering or assaults. The Sheriff's office attributes 25-50 % of ca2ls to surrounding businesses as related to the Cafes and that until you reported attempts at extortion directed at the Cafes, you provided little cooperation with their office. Saint Paul incidents: On July 8, 1995, squads were caZled to the Cafe Karaoke Do Thanh to assist an off-duty officer after several gang members threatened to kill a patron. The following day, several gang members returned to the Cafe when no officer was present, 3 or � — In Re the Licenses of Don Luan Nguye� "Duong Dai Phan d/b/a Cafe Karaoke Do Th� City's Exh. No. 7 � • 96 -a y� 4 guns were seen, but no call to the police was made. The life of the off-duty officer has been threatened. On July 15, 1995, a female, while outside the Cafe, was threatened that her car would be burned and that if she wanted to stay alive, she had better leave. On August 15, 1995, you received a letter from Ms. Christine Ro2ek af the Licensing of£ice directing you to cease the operation of activities which you had been conducting without a license. You had been open for business for over 30 @ays without an appropriate iicense. If you do not dispute the above, this matter will be scheduled before the City Council for a hearing on what, if any, adverse action should be imposed. You will be allowed to speak on your behalf at that hearing. I wi1Z need to have a 2etter from you saying that you do not dispute the above facts if we are going to follow that path. If you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will knaw when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, I will schedule the hearing, and you may be responsible for the costs of the hearing if you do not then appear and cantest the facts. Please call me or have your attorney ca1Z me at 266-8720. Respectfully, Q..�,�� k�7�.� Philip K. Miller Assistant City Attorney cc: Don Nguyen/Duong Phan, 15 Birch LN, Oakdale MN 55128 Robert Kessler, Director, LZEP Christine Rozek, LIEP Lt, Gary Briggs, SPPD/SIU i � 9� -ayi STATE OF MINNESOTA } } ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 2, 1995, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Don Luan Nguyen Duong Dai Phan 1275 University Avenue W. St. Paul, NIIV. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 2nd day of October, 1995. 1��`-�-- �' � Nota Publi � BELYA J. FLOYD � tqTili�Y Pl�C - ANNI1:SQiA �R�A�SEY�'WUNTY � � DEPART�IE\T OF POLICE � q�o e�,<J/ CITY OF SAINT PAUL :1iiE-Oi"iC� w5;�1i:S:GTiO\ TO: Lieutenant Gary Briggs FROM: Sergeant Brook Schaub� SI7BJ: Cafe Karaoke Do Thanh DATE: August 14, 1995 This unit was requested by L.I.E.P. to comment on the application for a Cabaret license for the Cafe Karaoke Do Thanh at 1275 University Ave. The license applicants are a Don Luan Nguyen and a Duong Dai Phan. The application lists the Cafe Karaoke Binh Minh as a business Don Nguyen was involved with from May 1993 to present. In that Karaoke Cafe's are relatively new to this area, contact was made with the Los Angeles County Sheriff's Office, Temple Division. This is the local law enforcement agency for Rosemead, California. Binh Minh is locatecl in Rosemead in a small mall like complex where several businesses are present. Much like the University Ave location. Information was requested to determine the amount of police problems associated with this business to determine what type of activity this cafe might generate for our Department. A second business listed on the application was Cafe Karaoke Thien Nga in Rosemead, California. Duong Phan is listed as associated with this business from July 1990 until December 1993. Thien Nga changed ownership and name to La Rose in February 1993. There also was a suspected arson fire at this buszness in 1993. According to information received from California Law Enforcement sources. Both Phan and Nguyen have been described as uncooperative with the poZice, although Nguyen has started to cooperate recently. Thien Nga was described as a hangout for Asian gangsters from all areas of Southern California, and this did not change when the ownership did in 1993. There are no reports available for when the business was the Thein Nga, however there is some report activity from La Rose. Binh Minh is described as currently one of the major hangouts for Asian gang members. It should be noted that this appears to be the rule, rather than the exception. A karaoke cafe in Ohambra, . ` In Re the Licenses of Don Luan Nguyen � 'IIuong Dai Phan d/b/a Cafe Karaoke Do Than City's Exh. No. 8 �{aracice Surcimary- nage 2 9� a.y� California clescribed the same problems with Asian gang members and karaoke cafes. I have requested reports on the following incidents to document the type of activity related to these businesses: Date: 080693 061693 040594 I12294 012895 040395 071495 072594 Business: La Rose La Rose Binh Minh Binh Minh Binh Minh Binh Minh Binh Minh Binh Minh Type of Call: CN# Narcotics Ass w/gun Narcotics License Vio Extortion Robbery Extortion Vandalism 931383105 931062505 940571905 941964005 950145105 950526505 951163705 941254005 Below is a summary of police calls to the Binh Minh. Date: 050893- 092493- 010294- •��.-� 040694- 040794- 042I94- 042394- 042494- 042494- 042694- 042794- 042794- 042894- 050094- 050894- 050994- 051294- 060994- 060094- 072394- 072494- 072594- 072594- 072694- 072694- 080794- 080994- 081194- Juveniles outside tagging. 2 squads dispatched. Robbery with handgun call. 3 squads dispatched. Robbery with 9mm handgun, Asian suspects. 5 squads dispatched. Checks of area & Binh Minh ref. ongoing narcotics problems. 3 squads. Premise Checks of area at owners request. 1 squad. Premise Check of area. 1 squad. Premise Check. 1 squad. Premise check @ owners request. 1 squad. Three arrests @ cafe. Coded charges. 1 squad. Premise Check. 1 squad. Alarm- 2 squads. Alarm- 3 squads. Premise Check for Narcotics activity. 1 squad. Premise Check/owners request. Z squad. 15 Gang members fighting inside. 7 squads. Premise Check/Asian Gang members interviewed. 1 squad. Asian Gang members inside fighting. 5 squads sent. Premise Check. 1 squad. Medical- Party fainted over marijuana smoke in cafe. 1 squad. Premise Check. 1 squad. Numerous Asian gang members inside and out. Owner changed mind and didn't want police to contact his Asian gang type customers. 2 squads. Complaint gang members refusing to leave cafe. 2 squads. Alarm- Broken front window. 1 squad. Premise Check. 1 squad. Premise Check. 2 squad. Premise Check ref. Extortion. 1 squad. Premise Check. 1 squad. Premise Check. 1 squac3. Premise Check. 1 squad. :�araoke Summary, page 3 081294- 081294- 081594- 081594- 081894- 082094- 082394- 08239Q- 082594- 082694- 082694- 083194- 090194- 090494- 090594- 090694- 091294- 091894- 091894- 100694- 101494- 101894- 102794- 102994- 103194- 113094- 120194- 121094- 121394- 122194- 122794- 122894- 122994- 010495- 1 arrest, 2 released coded Premise Check. 1 squad. Premise Check. 2 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. charge . 1 scruad Premise Check ref gang activity. 1 squad. Premise Check. 1 squad. Premise Check. 1 squad. Assist to second squad. Coded. 1 squad. Premise Check. 1 squad. Premise Check ref municzpal code vio. 2 squad. Premise Check. 1 squad. Premise Check. 1 squad. Premise Check. i squad. Accident call. 2 squads. Premise Check. 2 squads. Coded incident. 2 squads. Premise Check. 1 squad. 9� a�� Premise Check. War Ching gang members ID'd. 3 squads. Assist to Asian Crime Unit. 1 squad. Premise Check. 1 squad. Premise Check for gang activity. 1 squad. Premise Check. 1 squad. Problem w/gang members. Gun was flashed. Gang members returned twice. 3 squads. Premise Check ref. gang problems. 1 squad. Premise Check ref. gang problems. 1 squad. Premise Check ref, gang problems/extortion. 1 arrest. squads. 010695- Gang Unit requests back up in detaining several gang 010695- 010895- OI1395- 012095- 012895- 020195- 020295- 020795- 022195- 022495- 030195- 030395- 040095- 040095- 040095- 041395- 041395- members. 2 squads. Premise Check. 1 equad. Premise Check ref. gang activity Several gang members interviewed Premise Check. 1 squad. Code incident. 2 squads. Premise Check ref. extortion. 2 Juveniles loitering. 1 squad. 1 squad. in cafe. 1 squad. squads. Premise Check ref. recent gang activity. 1 11 Laotians attempting to take vehicle. 6 Premise Check ref. gang activity. 1 squad. Assist ref. gang activity. 2 squads. Premise Check. 1 squad. Premise Check. 2 squads. Three arrests of Asian males. Unknown code Premise Check for gang activity. 1 squac3. Alarm- 2 squads. Premise Check ref gang activity. 1 squad. squad. squads. 1 squad. � � _ 9t� a.y l Raracice Summary. page 4 052795- Premise Check. 1 squad. 053095- Alarm- 1 squad. 060295- Alarm- 2 sctuads. Below is a summary of calls to La Rose Cafe: 030593- Alarm. 1 squad. 031193- Coded incident arrest re2ated. 1 squad. 031393- Owner requests premise check. 3 squads. 032693- Alarm. 2 squads. 041293- 10 asian males inside £ighting. 4 squads. 041793- Alarm. 1 squad. 042293- 5-6 Asian males drinking/disturbing in front. There is no liquor license for Cafe. 2 squads. 042493- Alarm. 3 squads. 051093- Alarm. Z squads. 051893- Alarm. 2 squads. 052093- Alarm. 2 squads. 053193- Alarm. 2 squads. 060493- Alarm. 3 squads. 060693- Numerous juveniles loitering. 3 squads. 061093- Alarm. 1 squad. 070493- Premise Check ref. gang activity. 1 squad. 070593- Premise Check ref. gang activity. 1 squad. 070693- Premise Check ref. gang activity. 1 squad. 080593- Alarm. 1 squad. 080693- Coded arrest in Cafe parking Iot. 1 squad. 080893- Employees call about gang members in parking lot. 2 squads. 080993- Premise Check. 1 squad. 081493- Numerous gang members present. Possible shooting. 4 squads. 081693- Premise Check ref. gangs. 1 squad. 082093- Premise Check ref. gangs. 1 squad. 082893- Coded incident. 1 squad. 083093- Checked for gang activity. 1 squad. 090193- Alarm. 1 squad. 090993- Check for gang activity. 1 squad. 091193- Fight inside, possible guns involved.4 squads. 090493- Check for gang activity. 1 squad. 090693- Premise Check. 1 squad. 090893- Coded assist. 2 squads. � 091493- Check for gang activity. 1 squad. 100193- Unknown call. 2 squads. 100293- Premise CheCk. 1 squad. 100693- Premise Check. 1 squad. 110193- Squads sent to check the welfare when no one there and business supposed to be open. Waitress locked in bath- room. Incident believed to have ended up extortion. Suspect info provided. 5 squads. Note- below November incidents documented, however fax copy did not show the exact day of calls. . ._ .. _ 9�-ayi Karaoke Summary, page 5 110093- 4-5 Asians w/guns. squads. 110�93- Premise Check ref. 110093- Alarm. 2 squads. 110093- 3 Premise Checks. 110093- Alarm. 1 squad. 120093- Premise Check for 120093- Structure Fire. Owner described as uncooperative. 4 ongoing gang activity. 1 squad. 1 squad each. suspect. 1 squad. Los Angeles Sheriff's Office attributed 25-SOo of the calls to the surrounding business as related to the Cafes. The log shows several incidents involving a laundromat and MiniMart near the Binh Minh involving gang members. In general, these type of cafes have shown a history of being gathering places for Asian gang members and a drain on police resources. According to LASO, drug and gang involved offenses are the norm, not the exception to the rule. Specifically to the applicants, the record shows that previous businesses they were involved with in California also have a history of gang related incidents, and a drain on police resources. I'l1 add that until extorion related offenses against the businesses appeared, the owners have been described as less than cooperative with the police. One example related by a Gang Unit Investigator was an officer performing a premise check and being asked by a waitress '�where�s your warrant to come in here?". =.?a •i .: �_ =ay Ncn:n �ate Year T;; � -i�-gr I� - "'-----�_ __-__- _�, f�� ,•';c --'; _-_';�-,. 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V u �-(G� /�„�; 9-zv- 7S !`vru��„ V.G,/�. �4-��,a-I lv�-.e� �" "`"' l~ � 1�` e- , �lfd,� , .2 D v � �?.� � �- �r � �; � � �-��. � l-�.� w �� ,�-� �,-� e � ,' �-�- �.; f � �� . �i, v�r � 6-�_ �� c ; G� f o� '�� V rl! � V c �� N�� 1 C � O y L Cc r; aI � U i L'�iU �L C v�i9 2� �a / y Z A" jSv �c., e�r-; e.f d� �l' A.1 � 1/ � e'� ��.� .�tle.verr �r eJ6 a..y/ Interdepartmental Memorandum CiTY OF SAIN1' PAUL TO: Christine Rozek FROM: Lt. G. Briggs G � " " SUBJ: Cafe Karaoke Do Thanh DATE: August 15, 1995 Attached is a report prepared by Sgt. Schaub detailing a breakdown of the information provided by the Los Angeles Sheriff's Office, Temple Division regarding two `Karaoke' cafes owned in part by a Mr. Don Luan Nguyen. Mr. Nguyen has made application to LIEP for a similar license for the Cafe Karaoke Do Thanh at 1275 University Avenue. Based on their history in California, the Sheriff's Department recommendation and recent incidents reported to our Department involving the Cafe, I strongly urge you to deny their license application. I am making this recommendation based on several factors. First, in the fax from L.A., their lea@ gang investigator noted that Mr. Nguyen and his employees have demonstrated a long history of animosity toward the local police. This changed only recently when Mr. Nguyen k�ecame the object of an extortion case. This attitude is hardly one that suggests a cooperative relationship toward problem solving in the future, rather it suggests an attitude that harbors these types of activities and protects the type of people involved in criminal enterprises. Second, the number of police calls and the level of violence incumbent in the police calls at his establishments in California are very serious. Narcotics, weapons, extortion and robbery are not minor nuisance type events. We should remember that these are non-alcoholic cafes. One might expect some of these activities to be associated with a liquor license, but hardly a cafe. We have cafes in St. Paul which have been around for over 20 years that don't have the number of police calls his `Karaoke' cafes have generated in one year. Third, the cafe has been open for only thirty days and we have already generated four police reports from the establishment. Two of those have involved guns and gangs. In fact, Mr. Nguyen has hired off-duty officers for his establishment, clearly demonstrating that he already expects serious problems. �-- In Re the Licenses of Don Luan Nguyen_ �uong Dai Ph City�'s No.a10 ke Do Tha— . _ 96-�� Ms. Christine Rozek Cafe Karaoke Do Thanh August 14, 1995 page two These off-duty officers have also identified a number of the current clientele as Minneapolis Asian gang members. It would not seem to make much sense for St. Paul to provide the ready access to import Minneapolis'es violent gang activities. Finally, Mr. Nguyen has already been operating his business for over thirty days and has failed to get any type license. Based on his ownership in California, it must be assumed that he is very aware of his affirmative need for the appropriate licenses in order to operate a business. The fact that he is content to operate without the necessary licenses points to a very caviler attitude about his business dealings. It should also be pointed out that some of our most troublesome problems with nuisance properties, such as the Playboy Club, have resulted from these types of establishments. With little invested, the owners have little to loose in terms of investment or penalties. In sum, based on his past practices in California, current activities at his establishment and his current business practices, I strongly urge you to deny the pending application for a Cabaret license to Mr. Nguyen and the Cafe Karaoke Do Thanh. If you have any additional questions, please don't hesitate to call me at 292-3680. Thank you. cc: Chief Wm. K. Finney Deputy Chief A. Singer Mr. R. Kessler Mr. P. Bryne Sgt. B. Schaub FROM�KONICA FAX T�:16122923711 RUG 10, 1995 6�58PM #962 P.,.02 MY OF ,�.,. ....,..c��,�. ,;. .t'C!U TAS M1GE7.E$ =?,y.,. :.�: :i�. :.s::.� r. x a.�.t:• . �� ` )� V SHCitIFF'S DEPAI2T �" � ..-,. .��':.._:..' �.'�'�i:�:'eai � •. ' � Y:' . .•r>.'fi!n `/�:' .. . ... ��"e9�' ��:f'J.if�'.'i MEMORAPIDUM oats�'f e �i �" � ,", , � `�,/� ;., �r • Fll. ko . From��.��'1• V�. .L�JVZ� 'Lf� ._ro 5� t 1 s��sa Daia ..1 c i`s�Vd PF�+rr� ---� �, - _...—..� �AP "'�i ti, ►� G4 �� ya,1 f�S A.r- b-�s�.1G,DJT �r� c2 �St A-� ��.►�c,�T,�-�S P��M aa..� �:�.�-�5 a� St,� C�H--1F'acerJ��, �Ct- � o�a�z �a�lo�C-r� l��5 hlo`� ��Y l�D-nP �.�1� r.��L��fl. `' ��"�` f�u�1►- at�. y g��1t� M��1� N�s F3� vrJ Co•oP �t1-t�t� �.�1�i.-`-(. t � NoT��' � r�G-,/�� tf.�-r fi'�5��: �t�� R- �2�SS� c.� ��5�� Sa� �A�?Se ��,��E��- a�cz Sc��..ciD.L. ��/ �S-T� C..s.—r, o�<> c� rl � N<. �...-� �s�n. �*., � Gr- t�Te lT. ��, c" a3c�4 (-�c..5��...� C��1N �265� foz ��P�.��. �.o t�� ---� � s aa�Q � M r� ��( p POR YOUR IN�OR/MTION, � CEVART ON iEbU(T$ Rf�U1RED. Q VERBp R�PORT OItLY� CANflDENT1AL \� v. i� .� 1�� l 5 , CC.�t2f�'.�r.1�t-Y t� bu �. 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PURSUANT 70 SECTION 293(a} OF THE CAUFORNIA PENAL CODE, YOU ARE tNFOAMED THAT YOUR NAME WtLt BECOME A MAT7ER OF PUBUC pECORO, UNLESS YOtJ REQUEST THAT tT REMAIN CONPIDENTfAL AND NOT BE A PUBUC RECORD, AURSUANT TO SECfiON 6254 OF THE GOVERNMENT CODE . :.; -_ .•-.- -- ...---------°___-----__.._------�=--------.-:�------..'. __.._:._. _..:.._.-"-_..: -_...: = F� "' �� ' � �` �� " �' HEREBY (DO) (DO N0� ELECT TO EYERCISE MY RlGHT TO PRIVACY. . " .. . - • � - - _ . ._ : - :.. , • ~ ' _� ' _ ' '� �,�- � _ : + �_ _ � -• ' -�..` SCREENING FACTORS � - _ . ' YES NO ` - ''c.. f <_ - r :, .:��ti��=_ - ,=_=::_-.-.•-_.. =.�-YES NO __-, �-''''`-'°?__`:-°-"'-:'.-��": c: . ~ - _,_.:_. . ....;,..:_ : c...: ." t_ SUSPECT (N CUSTODY � ' _- T.. GENERAL SUSPECT DESCRIPTION . " 2r SUSPECTNAME�/KNOWN "` ` = 8. �GENERAIVEHICLEDESCRIPTION�., ^` 3. UIV(QUE SUSPECT IDENTtFiERS � .4. UNIQUE M.O.OR PATTERN ' 4. :VEHtC�E (N CUSTODY ' _ 10: SIGNIPICANTPHYSICAL EVIDENCE 5. UNtQUE VEHICLE iDENTIFIERS i S t. 7F.ACEABLE STOLEN PROPERTY _ _:. �6: ;WR(TER/REVIEWER DISCRETIOht - t2_ MULTIPLE WITNESSES . . . ti -. . - .. - . ' . i ' ^ ._ . _ ' _ . ... _ _ PARTt STATISTICALINFORMATION "�*� �waenor cnwts �' -o _ - a — �c�a � -- :: WE4PONS CODE - - � - - ._ -.� .PROPERTY -� - - _ �- �rreoF . sratN � n[cove ._ ':. , .".._�. �.�. PROPERTY � ' "'PR�Rn ' . ' SiDLEN.. . ..R V£R£D JEWEtRY " f '� . t ' ' 2 � 1 GWSTKCM�EM� _ ' ' ' '-' .. . . ('J CLU �rv5iqurAErrt aoniv+��wns s ' _ __ s. _., : � .....�. - uvesrocK- � r . .. _ .. � s _ - � i . i � � - = .. . .. -' ' -�' �'-�' `6�J. ' ! /i7G �+SWAnBtEG000.5 f ..__._ i'__ LOC��srOLEIi f � . .�, � vEn+acs . - i s _ ` E -> �c lWmr+G wSrwMErti ' ' _•.�•�'� ' -n':E _T vason � "'' i «��wc�„�+o�s _ .. �..M�w�. w�sc�t�au s . . _ � _._._ � � _:E , �vo�v�n,�s�ot __ .. _ --El �'C� - � , C �/9�07GUM j Fw �$ s� f .� ' OFFlCEEW ENT f _ ^ i. ..� -_—•.-_ �/� yTp�� ' (� � � /�� )" VEM�LLE � f ' . . 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' . - ' �� niea�o - s»wws1� COtJNiY OF t05 ANGELES oa<e �� 16 -� � F;,e ■ � In Re the Licenses of Don Luan Nguyen & �Huong Dai Phan d/b1a Cafe Karaoke Do Than7' City's Exh. No. 15 MEMORANDUM stt[�t�rr crersu�m�.. g�o � �l 1 a-. 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Q VERBAL REPORT ONLY: CONFIDE� q� -a,vt TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: MARCH 18, 1992 RE: APPROVAL OF ENTERTAINMENT PERMIT FOR CAFE THIEN NGA, 9241 E. VALLEY BOULEVARD Pursuant to the Los Angeles County Business License Ordinance, which the City of Rosemead has adopted by reference, an Administrative Hearing was held on Thursday, March 12, 2992, regarding the aforementioned applicant. This business is a Vietnamese cafe servinq non-alcoholic beverages and snacks, The owner wishes to allow customers to sing with a "Karaoke" machine (pre-recorded music absent a voice). Staff is recommending approval of the Entertainment Permit contingent upon the attached conditions. Attached for your information are the following items: 1. List of Conditions. 2. Copy oP the Sheriff's Department License Detail Investigator's report. 3. Copy of the minutes of the Administrative Hearing on March 12, 1992. 4. Copy of a zoning map. REGOMMENDATION It is recommended that the Rosemead City Council grant an Entertainment Permit to Cafe Thien Nga. FGT:js Attachments A:032492j(8) � In Re the Licenses of Don Luan N guye� '�uong Dai Phan d/b/a Cafe Karaoke Do T� City's Exh. No. 17 �i�-a�r i ENTERTAINMENT PERMIT CAFE THIEN NGA 9241 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 I, Duong Phan, owner of Cafe Thien Nga, agree to the fol2owing as conditions of approval for a Entertainment Permit for said location: 1. The entire premises is subject to inspection at any time by the Sheriff and/or authorized City officials. 2. The front door must remain closed and unlocked at all times while karaoke entertainment is in progress. 3. Under no circumstances will alcoholic beverages (open or closed) be allowed to exist anywhere on the premises. 4. No alcoholic beverages will be sold, consumed or allowed to remain once discovered. 5. No physical changes to the floor plans without Sheriff's and City approval. 6. The business will maintain a City licensed entertainment manager and/or listed owner at all times while the business is open. 7. No dancing will be allowed on the premises. 8. No use, other than expressed clearly in this investigation will be allowed. 9. No x-rated type adult films to be exhibited at anytime. I0. All persons singing will be amateurs and not compensated by the establishment or receive "tips". 11. At no time will the posted capacity of 7Q persons be exceeded. 12. The establishment will at all times conduct all business activities in compliance with City noise ordinance. 13. One City licensed uniformed security guard will be provided from 8:00 p.m. to closing on every Friday and Saturday to assist in monitoring and assuring compliance with license conditions and prevent loitering on the premises. 9� -ayi 14. Hours of operation of the establishment will be restricted to Monday through Thursday, 12:00 p.m. to 1:00 a.m. and Friday, Saturday and Sunday, 12:0o p.m. to 2:00 a.m. 15. Any sign modification advertising entertainment must have the Planning Department's approval first. 16. Any non-compliance with the above conditions and/or any applicable laws will constitute grounds Por suspension, probation and or revocation of the entertainment license. I acknowledge and agree to these conditions of approval. CAFE THIEN NGA t �� — Duong Phan Dated• _� — � � r � �Z F,;e o . COUNTY OF LOS ANGELES — SHERIFPS DEPARTMENT � a<e,.,,in�o. 192-04334-0 L�CENSE INVESTIGATION REPORT . aoO��twn For . INM)RI',AL -S�TERTAINMENT (KFROARE—A[•fATEOR SING ALONG IN CAFe) o e n CF.r'E T'dIEN NGA o.ya��::��o� o, co,po.a.�o� 4130 CEPAR AVENU'E, EL MONTE, CA. MILLE.4, ANNE FRANCES 706 N. EVERGILE[v' STREET, BURBANK 3 Hi �i�-a..y� MGR. ves p r+o �` DOB Plam ol Bi 06-03=72 � GLEND Ever AneStM Yes ❑ No [ DOB Plarsoi8� :ation Ownea uaxa S�o�ea w F.omwnom CHARLES LING� 91E minanon Dau of L<as imned�att viamry I Schooi or i_�_on COMMERCIAL ALL NONE ras C7 No � Numb EsnmatW Anentlans PostM GPacrty Park�ng � Locauon Number PavM 49�nn9 . 70 IN FRONT YES Y Owsiee S�gns �menw ligbnng YFS AlcoM1OLC Bevttqez TyOe ABC L�tense ABC Lcense lauetl TO Y¢s � Na p', Locatmn Previous Licens�l A�DI¢ant Pr¢viouzp �¢pnze0 Ucenx5a5peMeQ Feroktd, or Dmietl ves [� No ❑ Daa 1/91 ves � mo ❑ 1yce oaie res p t�o � Datt — -. irpe �FFEE SHOP TY � SAME � Ves I I No 57REET Model �cneme ane in:qn�a on ven�cie: CamiY 4renss NvmOer .•. '•ofRafn (see attached menu) 51.00 per socg S��-a.tii , Page_ of The bvs=ness is located on the first floor of a (mrtrn er ci al/office) building. The closest�residential dw is feei rn rhP A/OL171 The main business is z vietnamese style afe servirp non- alcoholi beverages (teas, juices, shakes, soft drinks) and snacks. No full or oartial meal's 'll be _ In order to er�hance b;siness, the applicant desires to oro de "Karaoke" (�mateur audi nce incividual-si�g along to pre-recorded music absent a voice). As an individuzl sinqs into a microphone from his seat, he can read lyrics as pro�ected on a large television rte�nitor shoa:ng music corres�nding videos. This form of entertainment is increasing in popularity in £ocd and drink estzblishments. The applicant has received a copy of the City Entertainment and Noise Ordinances. The ap�licant understands that he is responsible for maintaining control (and order) inside and the outside of the premises (parking lot included). The owner has hired a entertainment manager to asstmie his responsibilities in his absence. The applicant has agreed to and sioned a Conditional Approval. The business will not vary in any way other than revealed in the license investigation rep�rt. It is the recoRenendation of the Los Anqeles County Sheriff's De�rtment to coriditionall approve this application with the followinc conditions: Steve J. Willkoimn 02-27-92 T.M. Reid, Sergeant 02-27-92 -:H Bv Oa�e Reviewe0 Bv Daro 9�-ay� MINUTES OF THE ADMINISTRATIVE HEARING FOR A ENTERTAINMENT PERMIT CAFE THIEN NGA 9241 E. VALLEY BOULEVARD MARCH 12, 1992 The Hearing was opened at 10:26 a.m. by the Assistant City Manager, Donald J. wagner who wanted it to be noted that this application was submitted to the City Manager's office prior to the moratorium. Mr. Wagner then asked Steve Willkomm, Los Angeles County Sheriff's License Detail Investigator, to speak on the results of his investigation. Mr. Willkomm explained that the business was located on the first floor of a two-story multi-use commercial/office building. The closest residential dwelling is approximately 25 feet to the north of the location. The main business is a Vietnamese style cafe serving non-alcoholic beverages and snacks. No full or partial meals will be served. In order to enhance the business, the applicant desires to provide Karaoke style entertainment. Mr. Willkomm also explained that the applicant understands that he is responsible for maintaining control and order inside and outside of the premises (parking lot included). The applicant has hired an entertainment manager to assume his responsibilities in his absence. The applicant has also received a copy of the City's Entertainment and Noise Ordinances. Mr. Wagner then asked if the Planning Department had any comments on this business. Brad Tarr, Assistant Planner, asked i£ the karaoke machine was coin operated since this business already has three coin operated video games and a fourth machine would require a conditional use permit. The applicant stated that it was not. Mr. Tarr then requested that if in the future the karaoke machine was going to be a coin operated type of machine, that the applicant would either eliminate one of the video games or return to the Planning Department to apply for a conditional use permit. Mr. Tarr then requested as a condition of approval, that if any sign modification occurred advertising the karaoke entertainment, the applicant must first have the Planning Department's approval. The hearing was closed at 10:38 a.m. Respectfully Submitted WYV O] Ja Saavedra StafP�Jan(53) �/ � d.�,I r � �p •��;-:.<:�- ,� :.,:�..�.: =_�._..��;r: .�� - - - ---�_---�_= w..�..�-��.._:,�..�=��...��:;��: APPLICATION FOR: T NEW LICENSE �� RENEWAL ❑ CHANGE OF ADDRE55 ❑ T-YPE OF BVSINE55: BUSINE55 NAME (DI BUSINE55 AC��eeE55 RETAIL ❑ MFG. ❑ PROFESSiONAL ❑ OGGUPATIONAL❑ OTHER G� . � OWNER/PRESIDENT -!��iC;/lIG YH�{�JII PHONE SOC.SEG.#_Sf•'(-�-Sa2- G.5 7� DRIVER'SLIC.747�<J2 �.3� DATE & PLACE OF BI HOME SECOND OWNERN�C. ' HOME PHONE HTSS WT�-�a: HAIR�C � _ EYES /V , STATE BD.OF EQUALIZATION #__ � 77`� �� r.� STATE LIQ # � BUSINESSNAMEONRESALECERT. CYfTt %Iti/PA�.�, r.�rr �-.,,.,rr....., ..� �..... �,,.-�.. .T, . . .i � 5>' �.� `, :. � ; NO.OF EMPLOYEES_ ,� NO.OF VEHICLE � NO.OF VENDING MACHINES A.�O /V� pHONO BLDG.SQUAREFOOTAGE PARKING SPA OFF—STREET UNDER PENALTY OF PERJURV, I DECLARETHE ABOVESTATEMENTS TRUE AND COR ECT. � t_ � � SIGNATURE � �� -_ 1 --C�- OWNER, PARTNER OR OFFICER LICENSE FEE � "1 �� PERMIT FEE PENALTV TOTAL DVE MAKE CHECKS PAVABLE TO: City of Rosemead ' City of Rosemead 8838 E. VALLEY BLVD. ROSEMEAD,CALIF.97770 288-G671 BUSINESS / PROFESSION / AND TRADE LICENSE APPLICATION / RENEWAL. ORIGINAL TYPE OF BUSINESS BUSINE55 CODE DATE DUE �r✓� r,v � I I BUS W ESS LOCATI ON / BUSINESS NAME ANO MAILING AO�RESS \ � This wili notify you of Me expiration of your Business License. If a new license is �ot desired, P�ease notify Me Finance Dept m t�ai Me recortls ot Me City may be correctetl accordingly. THIS IICENSE IS DVE ANO P4YABLE ON EXPIRATION. nCCOUNT No p5% AODED ON, UP TO 6D DAVS. AFTER � 60 DAYS, NEW APPLICATION FOR LI- CENSE MUST BE MqDE. BUSINE55 >HONE NUMBER PLEASE CORRECT OR COMPLETE INFORMATION SHOWN ON THIS FORM. --- -- � _ ..,x _ �...:��. :-.� x -: _:._, =t-.. .�� __ �wT�-'��. �.��?�T�"'T _ , �, � F ( �M � � V z �. � 3w�-'9 rno� 31v{� Nl v,� � .� � F--1�� N! o� � I / \ � � � � I ► I I ( I ( �� I � � � ( I I I I I 3uar+a I ��w �b�m �isy(�oW ( � I a�� hE' W I 1 m , ! � �--� N � l l ' � ,y ' w oG � � � � �/ � S '�1 71�7H5� .} 3N�� ' Q 1 O �; � �� I � --> >L ; �� H-- � Q �- i Y � i � � � ':1.� t'" \ i I /�'�� ; .� � � � ` q �1./ � �� G7 r" � -� � � � U � � � � 0 z � � Z � staf TO: FROM: DATE: ��-a�r � epar HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL ✓ FRANK G. TRIPEPI, CITY MANAG � MAY 3, 1993 RE: APPROVAL OF ENTERTAINMENT PERMIT FOR CAFE LA ROSE, 9241 E. VALLEY BOULEVARD, #106 Pursuant to the Rosemead Municipal Code, an Administrative Hearing was held on April 27, 1993 regarding the approval of an Entertainment Permit for Cafe La Rose, 9241 E. Valley Boulevard, #106. This establishment is a cafe serving non-alcoholic beverages and snacks. The owner wishes to allow customers to sing with a"karaoke" machine. The requested hours of operation are Monday through Thursday, 12:00 p.m. to 1:00 a.m., and Friday, Saturday and Sunday, 12:00 p.m. to 2:00 a.m. Staff is recommending approval of the Entertainment Permit contingent upon the attached conditions. Attached for your information are the following items: 1. 2. 3. 4. List of Conditions. Copy of the Sheriff's Department License Detail Investigator's report. Copy of the minutes of the Administrative Hearing on April 27, 1993. Floor Plan. It is recommended that the Rosemead City Council grant an Entertainment Permit to Cafe La Rose, 9241 E. Valley Boulevard, #106. FGT:js i Attachment � A:042793n(8) � �- ■ In Re the Licenses of Don Luan Nguyen & �uong Dai Phan d/b/a Cafe Karaoke Do Tha� City's Exh. No. 16 COUNCiL �GE i`'J.. �{Y 2 1 1993 ITEM No. � 9�-ay� CAFE LA ROSE 9241 E. VALLEY BOULEVARD, #106 ROSEMEAD, CALIFORNIA 91770 I, Thanh Su, owner of the business known as Cafe La Rose, located at 9241 E. Valley Boulevard, r106, Rosemead, agree to the following as a condition of approval of a Entertainment License for said location. 1. The front door must remain closed and unlocked at all times while Karaoke entertainment is in progress. 2. Under no circumstances will alcoholic beverages (open or closed) be allowed to exist anywhere on the premises. 3. No alcoholic beverages will be sold, consumed or allowed to remain once discovered. 4. No physical changes to the floor plan without Sheriff's and City approval. 5. No dancing will be allowed on the premises. 6. No x-rated type adult films to be exhibited at anytime. 7. All persons singing will be amateurs and not compensated by the establishment or receive tips. 8. The business will maintain a City licensed entertainment manager and/or the listed owner will be present at all times while the business is open. 9. The business will have one City licensed uniformed security guard on the premises from 8:00 p.m. to closing on every Friday and Saturday to assist in monitoring and assuring compliance with license conditions and prevent loitering on the premises. 10. The establishment will at all times conduct all business activities in compliance with City noise ordinance. 11. At no time will the posted capacity of 70 persons be exceeded. 12. Any sign modification advertising entertainment must have the Planning Department's approval first. 9�-ay� 13 14. 15 Hours of operation of the establishment will Monday through Thursday, 12:00 p.m. to 1:00 Saturday and Sunday, 12:00 p.m. to 2:00 a.m. be restricted to a.m., and Friday, No use, other than expressed clearly in this investigation will be allowed. The entire premises is subject to inspection at any time by the Sheriff and/or authorized City officials. 16. Any non-compliance with the above conditions and/or any applicable laws will constitute grounds for suspension, probation and or revocation of the entertainment license. i I acknow edg and agree to these conditions of approval. � � � „ / Thanh 5u, Cafe La Rose ii_ ��-�� Date � SHERMAN BLOCK.SwEauc April 29, 1993 C�IIIUittu v� �as �ngpiYs C�ffire uf ihe Shrriff �c'1jI II� �LIStItF �ns �ngeirs,(Eatifnrnia 3DI1t^_ (310) 946-7051 9�-ayi LICE�SE DETAIL NVESTIGATtON REPORT 193-07644-0530-446 C1CS' OE RnSPmPa(3 . ,��, ,�- -� • 4 (Na� J • Apptication for Business License andlor Permic �liC EatingjInfornti3l En*_ertairunent $usiness Name: Address: Applicancs: EI Cafe La Rose 9241 E. Valley Blvd_, #106, Rosemead, CA. Su, Thanh (Owner) Pham, Ha Phuong Thi (Entertainment Manager) Resulc of invesciRacion fails ro indicate a basis for pro[est. Resule of in�estiRacion indica[es a basis for protes. See narracice repoa a[[ached in ciarification of recommendacion. Investigacin� OfEice: S• Willkot[[tt Report Approved G.P. Dunphy, Lieutendnt #283316 License Decail �024600 Departr.iental Recommendacion (`nru3iti�nall� An�_n� e.o With Conditions SHER'vfAN BLOCK. SHERIFF �� gy Nick Popovich, ptai Metro Vice Bure u/Lice ail >6L616 -SH-Ap-60J (REV. 13-83) .. . _ _ _ ��-- -- - - - ... .-= ==�� - -- -� <«<_ - � - - = � - _-�:�. " - -� _ - - - - -- - --- - -.. - _- -_=_;�._� F;i � COUNTYOFLOSANGELES-SHERIfF'SDEPARTMENT ae�arar+o. 193-07644- LICENSE INVESTIGATION REPORT a e.ess s. Te�minauon Daa of Leave 03-a1-98 W�-"A On 1bp of cironooc ee.�aapes Ves p No � I Lorat�on Prevq�s LimnsE res &7 No n Osa HgL � Wgt � Han I Ey6 � DOB ves Q No Q Tvx Datt I Yn ❑ No TyM TYPe Rent prte vi.c� or e�.m :�.a no n +d Rnn -- No dwtge for sifgiig - a lqg as t hey ar a3t ing/drinkin�' Necpm �nipmn�m 4onfe V�tt NBC I C�1 I FQ� �AFD � L450 i Svn[n No � iF TO NNY OP ABOVE UST RECORO IN 4DD�TIONNL INFORMATION IG CO�V Qf pECARD NOT AVAI�qBLE ]. P1130i Bd P�lIlJIl9 7}IS HSt2LY3l}f92[It IYJC. Ya � No � ACErev Mt Wg[. Ham Eyes DOB Pla[COfBVIM1 4?2 N. Alhambca #2, Monterey Park 50 95 Hlk Hco 01-28-72 �� nC� Yes ❑ No � Numdet wamennn�n Tvo•o+F�Servea J� Eme.u�nmentloezc.�eelNp prof�s4iOnaL Street Clothes Pastries, Coffee, Dea, �ips, Raraoke-qystamets oniy Hoursot OpMaOm Orys of Opaxion Acapta�le CM �renx L�¢n: Nemper Counry Li¢me Nu� F Oe+C�Otan of VeFitMi MMeI Ve�ick L�an¢ NumUer CAUn[y 4¢nsN�rrter - � _. -- =-=�-=4 ��. <aa ��+o.mo�w� — — T he "Cafe W Rase" is lc^ate� on the first floor of a tvo— story cortmerc=al building._ This cafe_ serves snacks and non-alcoholic beverages. In addition to th snacks and beverages, the cafe vill provide "Karaoke" (sing alorr� to prrrecordEd music ab sent a voice), entertain [o be sun4 by am4teur custaners only. � � The ovner/applicant and the entertainment msnaqer/applicant do not have local criminal histories. They have agreed [o and signed conditional approvals_ The Las Wge County Sheri ff's Department r condi approval (Conditional on £i�ecpcint cewrCS) with Ghe follovicx7 condiYions: J _L The entire premises is subl�t to inspection at any time bY [he Sheriff and>or avthorized_ City officials. 2. The front door must remain closed and unlocked at all times While karaoke entertainment is in oroaress. __3. O�er no circim�stances wi11 alcoholic beveraaes (open or cl�ed) be a1loaQd to exist_3pyv�e� on the premises. 4. No almholic beverages vill be sold, consw�ed or alloved to rertain once discovered. 5. No physical char�ges to the floor plan vithovt Sheriff's and City app roval. ' 6. The business vill maintain a city licensed entertainment manager and/or listed ovner at ali times vhile the business is open. 7. No dancirp will be alloved on the premises• ` _8__Na �sP n h han xn ssx7 riaarly in his inve�tigation vi71 �,_all�p�__ _ 9_ No x-rated tvx adul[ films to be exhib�tcd at rrvtime 10_ All persons si�irg vill be art�teurs and *�t co�ensated by the establishment or receive "tips 11. At no time vill the posted capacitv of 70 persons be exceede J _ 12. The esta6lisfu�nt vi11 at a11 times conduct a11 business activi[ies 3n cg��i�n�Q yy�}ysitv _ 13. One city licensed uniforme.d security quacd will be provided fran 8:00�_m to closirr3�on everv £riday and Satuzday [o assist in m�nitoriig and assuri� compliance vith license com3itions and prevent loi[erinq on the premises. _ 19. Hours of operation of the establishment vill be restriMed to Mor�av th Thursd� _ 12:00 p.m. to 1:00 a.m ard Friday, Saturday arx] Sunday, 12:00 p.m to 2_00 a.m___ _15. Amy siqn modification advertisirp entertairnnent mus[ have the Plannina De�arLnent's ,_ a�oroval first. �� Ac�y non-coefmliance vith the_above conditions and/or any applicable laNS will constitute grou for susp pro6ation and or r of th e nt e rtainment lic ` S. Willkortm �283316 04-28-93 G.P. Dunphy, Lieutenant 50 24600 04-2 9-93 _- :raer oa,e se��e..eaev — — �a.e _ - ��•ay� ADMINISTRATIVE HEARING CAFE LA ROSE 9241 E. VALLEY BOULEVARD, �106 _ APRIL 27, 1993 The Hearing was opened by the Hearing Officer, Donald J. Wagner, at 10:08 a.m. The Hearing Officer then requested that everyone in attendance state their name for the record. Thanh Su, owner, Duong Phan, previous owner, Steve Willkomm, Sheriff's Business License Investigator, Peter Lyons, Planning Director, and Jan Saavedra, Business License Clerk. The Hearing Officer then asked Mr. Willkomm to report on the Sheriff's investigation. Mr. Willkoaun stated that the location is on the first floor of a two-story commercial building. The cafe serves snacks and non-alcoholic beverages and provides karaoke entertainment for the customers only. The business hours are Monday through Thursday, 12:00 p.m. to 1:00 a.m., and Friday, Saturday and Sunday, 12:00 a.m. to 2:00 a.m. Mr. Willkomm stated that the Sheriff's Department is recommending approval of the Entertainment Permit contingent upon the conditions of approval and the results of the fingerprint report. The Hearing Officer then asked if the Planning Department had anything to say regarding the business. Mr. Lyons stated that the Planning Department did not have any problems with the establishment. The Hearing was then closed at 10:15 a.m. Q�V.J � Re ectively Submitted 02-F-J(62) � ~ � Ih M � � � � �� Mo� �w� N1oJ < u 1�}� � �9 NI o� �� - Ih�- �ib �"� 1 � I I i I � � � I I �� m I . m! 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'r '^a x �. i i : '� z < sf.i g§ .. # .�y 4v :�£ T �:.£ , ` - ."9 f z .'"� '4� w:.� 1'.' ! i j .3 %:.�� r+Y .`C k a*` � r �.. .. > Y.� ��ag` �� :: ' - �� p � ¢ �F ��_,. � _ _a�..._-... _, .._... . _ _ . - . . _ ,.. ._ x a . _�� . ,.. . .__ _ °' _.:. 1S'�= � (°;:��. . t 1 ___..._.._.._._ .... �.' �' • . • OFFIC�THE CITY ATTORNEY Timothy CityAtto�irey 9�-ayi CITY OF SAINT PAUL Norm Coleman, Mayor Civil Div'uion 400 City Ha[1 IS West Kellogg Blvd Saint Paul M"mnesota 55102 Telephone: 612 266-87I0 F¢csimile: 672 298-5619 October 18, 1995 NOTICE OF COiTNCIL HEARING James C. Easterly Attorney at Law 915 Grain Exchange Building 400 South Fourth Street Minneapolis, Minnesota 55415 RE: November 1, 1995 Uncontested License Hearing Licenses of Don Nguyen and Duong Dai Phan's Cafe d/b/a Cafe Karaoke Do Thanh License Application Number: 17719 Our file Number: G95-0386 Dear Mr. Easterly: Please take notice that a hearing concerning the above-named establishment has been scheduled for 3:30 p.m., November 1, 1995 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the essential facts contained in the attached police reports have been admitted to. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penaltv, if anv, to be imposed. The recommendation of the license office is the denial of the application for a cabaret license. If you have any questions, please call me at 266-8732. Sincerely, Philip K. Miller Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP, 300 Lowry Bldg. Frank Staffenson, Deputy Director LIEP., 300 Bldg. Susan Marschalk, Community Organizer, Hamline Midway Coalition 1564 Lzfond Ave., St. Paul, MN 55104 - Lt. Gary Briggs, St. Paul Police D� In Re the Licenses of Don Luan N guyen & - �uong Dai Phan d/b/a Cafe 1{araoke Do Thaaf City's Exh. No. 25 � - • � 9�-�y� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 18, 1995, she served the attached NOTICE OF COUNCIL HEARING on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: James C. Easterly Attorney at Law 915 Grain Exchange Building 400 South Fourth Street Minneapolis, MN. 55415 (which is the last known address of said attorney) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of October, 1995. ��-�-- � ��=r4-�-s�LLi Not ry Publi � BEIVA J. FLOYD � NCfMY PUBUC - MINNESOTA RAMSEY COUNTY NrCmm. E�veSJan. s�.2oo0 OFF]CE OF THE C1TY ATTORTEY . " � • Tim�. A1ars. Cn}•.9ROrnq. 9.��1 CITY OF SAINT PAUZ A"orm Coleman, A1o�•or Ch•i! Dn�ision ;00 Crp• Hel! I S Ji'est Kellogg Bhd. Saint PQUl, A1ir.nesota 55101 Telephone: 6/1 766-8 i IO Fouimile: 611 798-5619 October 26, 1995 James C. Easterly Attorney at Law 915 Grain Exchange 3uildirg 400 South Fourth Street Minneapolis, Minnesota 55415 RE: Licenses of Don Luan ATguyen and Duong Dai Phan Our File Number G95-03B5 Dear Mr. Easterly: Enclosed please find three additional documents related to the upcoming uncontested hearing before the St. Paul City Council which were not attached to our previous correspondence of October 18, 1995. The first document is a letter dated August 15, 1995, from Christine A. Rozek to your clients, Messrs. Nguyen and Phan. This letter was referred to in our previous correspondence but was not provided. The second is a five page memo dated August 14, 1995, from Sgt. Brook Schaub of the St. Paul Police Dept. to Lt. Gary Briggs and includes a summary of Los Angeles County Sheriff's records related to police calls to the Cafe ?Caraoke Binh Minh located in Rosemead, California. This summary should help during your review of the police reports previously provided. The third document is an Aucust 15, 1995, memo from Lt. Briggs to Christine Rozek at LIEP which the above summary was attached to. If you have any questions, please call me at 266-8776. Sincerely, Peter Pangborn Paralegal cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Susan Marschalk, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Lt. Gary Brigas, St. Paul Police Dept., SIU � � In Re the Licenses of Don Luan Nguyen & - �uong Dai Phan d/b/a Cafe Karaoke Do Thaal City's Eah. No. 26 • STATE OF MINNESOTA ) ) ss. COLTNTY OF RAMSEY ) � 9� a�r� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 27, 1995, she served the attached LETTER on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: Mr. James C. Easterly Attorney at Law 915 Grain Exchange Building 400 South Fourth Street Minneapolis, MN. 55415 (which is the last known address of said attorney) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 27th day of October, 1995. � , �.'.L.�� . �� • . � BEIVA J. FLOYD � NDTAHYPUBI.IC-MiN1i��OTp � RAAASEY COUNTIf MyConm. E�irea.t�. 37� 2000 � � v ,.,y,��. �a��.t � s1��Cfi'° L�� Y��tii :x,�"rY['�.��Yt�� ; Yi :�(.%�vl a ��^4YA . ` � . ^_%.3 li!M1NJJ'Ff . , . ... . . �...,t^Y.'�Nta'Wr•fYNh'+'lh�a� OFFI F THE CITY ATTORNEY � • Trmot�� CiryAnomey 9� a� CITY OF SAINT PAUL Norm Colanan, Mayor Civi1 Division 400 Ciry Hall IS We.0 Kellogg Blvd SaintPauS M':nnesotn 55102 Telephone: 612 266-8710 Facsinu7e: 612 29&5619 November 2, 1995 James Easterly 915 Grain Exchange Bldg. 400 South 4th Street Minneapolis MN 55415 Dear Mr. Easterly; I am in receipt of your November 1, 1995, memorandum addressed to the Saint Paul City Council. It was at my office when I arrived at 8 o'clock this morning. I thought I should advise you as to what occurred before the council last night when you were unable to attend due to an apparent illness. Being that neither you nor any support staff inember contacted me to advise me that you were ill, I made my presentation to the council and recommended that the application for a cabaret license be denied. Your client, Mr. Nguyen, was present and he addressed the council. There was an apparent communication problem in that your client denied much of what had been stipulated. He did admit that several calls for service had been made to the Los Angeles County Sheriff's Office. Some of the council members wanted to proceed with a vote as to what, if any, adverse action should be taken since your clients had signed the stipulation upon advice of counsel. Council President Thune suggested that the matter be referred for an administrative hearing due to your clients disagreement with the stipulation. I suggested that the matter be laid over for two weeks so that you might be able to further discuss the options available to your clients. That is what the council voted to do. Your options are, first, to appear before the council on Wednesday November 15, 1995, at which time you would simply be allowed to argue what, if any, adverse action should be taken against your clients' application for a cabaret license. To remind you, if you intend to argue the facts, the matter would be referred for an administrative hearing that would take place approximately thirty days from that date. Your second option is to withdraw from the stipulation and have the matter removed from the November 15, 1995 Council Agenda. � � Tn Re the Licenses of Don Luan Nguyen 6 �uong Dai Phan d/b/a Cafe Karaoke Do Tha'a't City's Egh. No. Z7 - ' • • 9�-ati� The matter would then be set for an administrative hearing which would take place approximately thirty days from my receipt of that request. Apparently, time is o£ the essence to your clients. If they desire to have the matter decided quickly, I e�ect to hear from you that you and/or your clients will be at the November 15, 1995 council meeting. If your clients intend to challenge the allegations, as Mr. Nguyen did yesterday, then the sooner I receive written notice of such intent, the sooner an administrative hearing can take place. I trust that in either event, if you become ill and are unable to attend, that you will pay me the professional courtesy of informing me before the hearing. I will be out of my office for a long planned vacation from November 3, 1995, until November 12, 1995, inclusive. If you have questions regarding the file during that time, you might speak to either Phil Byrne, Assistant City Attorney, or Peter Pangborn, Legal Assistant. Respectfully, Q�° ^,� I� � I �9 Philip R. Miller Assistant City Attorney cc: Robert Kessler, LIEP Lt. Gary Briggs, SPPD/SIU � • - � OFFIC�OF THE CTTY ATTORNEY • . T:mot/ry CiryAttomey .9�� CITY OF SAINT PAUL Nmm Co7eman, Mayor Civil Divirion 400 Ciry Hall ZS West Kellogg BNd Saint Paul, �ifinnetota 55102 Telephone: 612 2668710 Facsimi7e: 612 29&5619 December 6, 1995 James C. Easterly 915 Grain Exchange Building 400 South 4th Street Minneapolis NIN 55415 RE: Application of Don Nquyen and Duong Phan d/b/a Cafe Raraoke Do Thanh. I,icense Application No. 17719. Our File No. G95-o386. Dear Mr. Easterly; The Saint Paul Office of License, Inspections and Environmental Protection (LIEP}, and myself are in receipt of your letters dated 11/22/95 and 11/29/95. We are also in receipt of the amended application of Mr. Duong Dai Phan, dated 11/16/95. I have advised LIEP to reject and return Mr. Phans' amended application of 11/16/95. As I informed you after the li/15/95 City Council hearing, an amended application at this juncture is inappropriate because Mr. Phan already has an application {dated 5/18/95) on file and has been apprised of possible adverse action against that application. In fact, after informing you of that, I showed you a copy of Saint Paul Ordinance 310.05(h), which is the legislative authority for the council to continue to act upon the original application. It is our position that, Mr. Phan being notified in the 9/29/95 letter of possible adverse action against the original application, is not entitled to have a new application acted upon until the original application is acted upon (either granted or denied). Please find enclosed the original copy of this second application, dated 11/16/95. I have also included a copy of the pertinent ordinance for your review. You should also be advised that I am in possession of a video copy of the 11/1/95 City Council hearing in which they imposed certain conditions against the Class I licenses, cigarette and limited restaurant, previously issued by LIEP to Mr. Phan and Mr. Nguyen. The council directed, and Mr. Phan acknowledged, that he was not to be operating under those licenses until the application for a cabaret license had been acted on. Thus, you may wish to reconsider your advice to him to operate pending approval of the cabaret license. � � In Re the Licenses of Don Luan Nguyen 8 - �uong Dai Phan d/b/a Cafe Karaoke Do Thaa� City's Exh. No. Zg � � � 9�-ay � Please be assured, LIEP does intend to proceed to hearing before an Administrative Law sudge on the original application. Although a date for a hearing has not yet been set, one should be set in the very near future. It is anticipated that the hearing date will be set in mid-January due to time constraints and post- holiday scheduling problems. Respectfully, �� Philip K. Miller Assistant City Attorney Enclosure cc: Duong Phan Robert Kessler Lt. Gary Briggs CLASS III LICENSE APPLICATION ` • �y� r`. 7� �� /� �/ �'/� � -t:�- CITY OF SANT PAUL O�ce of License, Inspettions and Em•ironmental Promaion 3io sc Pna st suitt ;00 SzintPaul�finnesou 551W (612) '6b9090 fa (61]) J6E-91]a T;�pe of License(s) bein� applied for: CompanyName: DUOAIG DAI pHAN {Sole pronrietor) Corporation / Paztnership / Sole Proprietorship If business is incorporated, give date of incorporation: '�'/A Doin� Business As: CAFR uP.RAOKE DO THAr1g Business Phone: � 612 ) 645-92 BusinessAddress: 1275 UNIVERSITY AVE �9. ST °AUL M*I 551?4 Sveet Address Ciry State Zip Benzeen what cross streets is the business ]ocated? SYNDICATF & GRIGGS Which side of the sueet? rlpRmF{ Are the premises now occupied� N� What T}pe of Business� Mail To Address: 15 BIRCH LN OAKDALE MN 55128 Sveet Address Ciry State Zip Applicant Information: Name and Tit]e: DUONG DAI PHAN nUrn7F'� First Middle (,Maiden) Last Title HomeAddress: 15 BIRCH LN OAKDP.LE MN 55128 Sueet Address CiTy State Zip Date of Birth: 8-8-52 Place of Binh: DANANG, VI..TNAM d F HomePhone: �612) 730—_798 Have you ever been convicted of any felony, crime or violation of any city ordinance other than traffic? YES NO � Date of arrest: __ Where? Char�e: Conviction: Sentence• List the names and residences of three persons of �ood moral character, living within the Twin Cities Metro Area, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character: NAME ADDRESS ' PHONE THOMAS J NOUD 1690 SILVER LAKE RD� NF.?4 BRIGH'_PON, MDI 633-800G HUNG TRI_F,U 1821 HAYNES ST � 18, MINNEADOL3S, ?�1N 782-68'18 TUAN PH AN 1628 VAN BURE;r7 AV, ST PAUL, P'R� 644-9755 List licenses which you currently hold, formerly held, or may have an interest in: KARAOKS ED1mF_A,mA7PTMFNT LICE'�1SE Have any of the above named licenses ever been tevoked? _ YES X NO If yes, list the dates and Are you goin� to operate this business personally? X YES _ NO If not, who will operate it? First Name Middle Initial (Maiden) Laz[ Home Address: Sveet Name Ciry State Zip for revocation: Date oF Hinh Phone Number THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRINT IN II�K .Are,you �oing to hz�e a mana�er or assistant in this business7 _ 1'ES Y NO If the mana_er is not the same as the operater, please complete the follo��'ing infom�ztio• • 9� a�►i Fir>t !�ame �fiddle lnitial Homc Address: Svea :�ame (\;ziJcn) Ci:c Last Date of Binh S:ate Zip Phone �umbcr Please list your emplo)�ment history for the pre� ious five (�) �'ear period: Business/Emnlo��nent Address DX KATZAOTCE '�USTC CF"QTET2 F'eb 95 — Nota n22 UTQI��YRSI'�'Y AV°-10. ST pALTr ,MrI CAFE ?(ARAO?'.� '1riIEi7 i:Gi: T••' on —?�o� q3 9?_dl E VALLEY BLVDa105 ROSP?`SEP List all other officers of the corporation: '�A OFFICER TITLE HODSE HOME BUSI?�ESS DATE OF �rq�E (Office Held) .ADDRESS PHONE PHO?�'E BIRTH If business is a partnership, please inctude the follo��'in� infe�nation for each partner (use additional pages if necessary): NP_ First Nazne D9iddle Initial (9:iden) Ci:+' (A:ddrn) Cirv Lazt State Lazt State Daie of Binh Z� Phone'.�umber Date of Binh Home Address: Sveet �une Firsi Name Middle Initial Home Address: Sveet Z�p Phone!:umber MII�TNESOTA TAX IDENTIFICATION ?�'UMBER - Pursuant to the Laws of Minnesota, 1954, Chapter �02, Article 8, Section 2 (270.72) (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State of Minnesota Commissioner of Revenue, the Minnesota business tax identification number and the socia] security number of each license applicant. Under the Minnesota Govemment Data Pract�ces Act and the Federal Privacy Act of 1974, we are required to advise you of the followin� re�arding the use of the Minnesota Tax Identification Number: - This information may be used to deny the issuaace or renew�al of your license in the event you owe Minnesota sales, employer's w'ithholdin� or motor vehicle excise tzr,es; - Upon receiving this information, the licensing zuthority will supp]y it only to the Minnesota Department of Revenue. However, under the Federal Exchan�e of Information A�reement, the Department of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax ;.'umber) may be obtained from the State of Minnesota, Business Records Department, ]0 River Park Plaza (612-296-6181). Social Security Number: 5 8 6— 5 2— 6 5 9 8 Minnesota Tax ]dentification Number: 2 0 6 618 8 If a Minnesota Tax Identification Number is not required for the business being operated, indicate so by placing an "X" in the box. `' CERTIfiCA7']ON OF ��ORKERS' �PENSATION COVERAGE PURSUANT 7•1TA'IVESOTA STATUTE"17�$2 I hereby certify that I, or my compa ,; am in compliance «�ith the workers' compensation insurance coverage requirements of Minnesota Statute 176.182, subdivision 2. I also understand that provision of fa]se information in this certification constimtes sufficient grounds for adverse action a�ainst all licenses held, including revocation and suspension of said licenses. I�ame of Insurance Company: Policy Number: Co��eraee from to I have no employees covered under workers' compensation insurance �� AA�Y FALSIFICATIOA' OF ANS�VERS GIVEY OR MATERIAL SUBMITTED R'JLL RESULT IN DE\IAL OF THIS APPLICATION I hereby state that I have answered all of the precedin� questions, and that the information contained herein is true and correct to the best of my knowled�e and belief. I hereby state further that I have received no money or other consideration, by way of loan, giR, contribution, or otherwise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected by police, fire, hea]th and other city officials at any and al1 times when the business is in operation. **Note: If this app]ication is Food/Liquor re]ated, please contact a City of Saint Paul Health Inspector, Steve 01son (266-9139), to review plans. If any substantial changes to structure are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for bui]ding permits. If there are any chan�es to the parking ]ot, floor space, or for new operations, please contact a City of Saint Paul Zonin� Inspector at 266-9008. Additional application requirements, please attach: A detailed description of the design, location and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8 1/2" x 11" or 8 1/2" x 14" paper): - Name, address, and phone number. - The scale should be stated such as 1" = 20'. ^N should be indicated toward the top. - Placement of alI pertinent features of the interior of the licensed faciliry such as seating areas, kitchens, offices, repair area, parking, rest rooms, etc. - If a request is for an addition or expansion of the licensed facility, indicate both the current area and the proposed expansion. A copy of your lease agreement or proof of ownership of the property. FOR SPECIFIC APPLICATION REQUIREMENTS, PLEASE SEE REVERSE >>>> Si�narure (KEQUIRED for all applications) Date � � 9�-a ti� -:--,_ :;._ _ - Tc�: City v£ Si: Paul bffice �i Licanse and 350 St Peter St (Ste st Paul� MN 55�02 STAT£MELiT OR DOt7 LUAN NGUYEN S7SgCLaTMSttG ANY 6WtiERS11Zp OR 22Z'PF.RE$'Y' i N �AYF; KARAOKF DC7 Ti3A1Qt3 LOGA'1'F;D ]1T 1275 l7NFVE1431TY AVL� 5T PAUL� MINNKS42'A I, Don Lu�n Nguye�t, afEirm thAt Y have on this day, November 10, 1gg$ roJ.inquiahed any and all owner&hip� manoqcmen� as�d all othor intar6ECa in Che CBfe KaraokE Uo Than1� busfness ventvz•e l�c:at,ec3 ai, 1175 University Avenue in St Paui, MinneBOta that T had initially �ntered tnto !�A a limited partne�) with Duonq bai Phartc�t Oakctale, Minnesdtd. i ragret tt�is decision in so far Aa i believe that the Cafe xaraoke ]>u Ti�uuh woulc� L' a both a popular nnd prosperous busino$� aL• that �,UCUt�OT1� bU� trip licen51n9 Ordeal hpa C�4�t�,�'unte�l �np �nuch OP Riy time And mo�iey and has detraCted too much frvm my mai�e Luslness, the t�inh Minh xaraoke Cafe in xosemead, Calitornia. The LA Sh�rrif's Uepti (pecia], tnvestigations sureau/License netail.} on septiember 6, � 995, reCO;nmpnded appraval oI my c�Pe entertainmeni: permit:, ancl t.he Rosmaad c;Sty Manager on September Z7� �995 concurreci with tt�uL• reaotnmendaeion. _�'� r r� .�.,� ZnSpeCtions 3�0) , t99� ,• t - n - ... ,% 3365 Wa2nut Orove Ave; #g Rosen GA 8320 {818) 572-8320 a: Elin 5kinneY Mldway Chamber st ra��., MN of Commerce fi�� °��77 � \ J • � cation and follow the procedures for notice and heazing as set forth in Section 310.05. (d) C1ass III licenses. lipon receipt of a fully completed application and required fees for a Class III license, and a£ter the investigation required, the inspector shall notify the council. A public heazing shall be held by the council's committee designated to heaz license matters on the grant, issuance or transfer of all Class III licenses. The, council's committee designated to heaz license matters may hold a heazing on the renew•21 of any Class III license. In any case where the inspector recommends denial of the grant, issuance, rene�val or transfer of a Class III license, or �here the council's committee designated to hear license matters believes that e��idence might be received at the public hearing �vhich might resuit in action adverse to the application, the inspector or coun- cil's committee designated to hear license matters shall follow the procedures for notice and heazing as set forth in Section 310.05. Where the applica- tion for the grant, issuance, renewal or trznsfer of a Class III license meets all the requirements of law, and where there exists no ground for adverse action, the council shall by resolution direct that the inspector issue said license in accordance with law. (e) Appe¢Z; Cl¢ss I or CI¢ss II licenses. An ap- peal to the city council may be taken by any person aggrieved by the grant, issuance, renewal or tr�sfer of a Class I or Class II license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after the action by the license inspector or director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance, re- newal or transfer of the license. The appeal shall be in writing and shall set forth in particulaz the alleged errors of law. The council shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The procedures set forth in Section 310.05, insofar as is practicable, shall apply to this heazing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. Supp. No. 18 • LICEISES 9�-�� § 310.05 The filing of an appeal shall not stay the issuance of the license. (Code 1956, § �10.04; Ord. No. 17455, § 1, 5•21-87; Ord. No. 17551, § 1, 4-19-88) Sec. 310.05. Aearing procedures. (a) Adverse action; notice and hearing require- merzts. In any case where the council may or in- tends to consider any adverse action, including the revocation or suspension of a license, the im- position of conditions upon a license, or the denial of an application for the grant, issuance, renewal or transfer of a license, the applicant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may con- sider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) A'otice. In each such case where adverse ac- tion is or ��ill be considered by the council, the applicant or ]icensee shall have been notified in w-riting that adverse action may be taken against the license or application, and that he or she is entitled to a heazing before action is taken by the council. The notice shall be served or mailed a reasonable time before the heazing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and sen>ed or mailed by the inspector or by the city attorney. (c) He¢ring. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-e::amination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the 2029' • § 310.05 • ��-ay � LEGISL9TIVE CODE opportunity to present testimony or evidence or otherwise participate in such he2ring. (c-1) Procedure; hearing examiner. The heazing examiner shall heaz all evidence as may be pre- sented on behalf of the city and the applicant or licensee, and shall present to the council k findings of fact and conclusions of la�v, together ��th a recommendation for adce*se action. The council shall consider the evidence con• tained in the record, the hearing examiner's rec• ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hearir.g examiner. After receipt of the hearing examiner's findings, conclusions, and recommendations, the council shall provide the applicant or licensee an opportunity to present oral or uTitten azguments alleging error on the part o£ the examiner in the application of the law or interpretation of the facts, and to present argument related to the recom- mended adverse action. Upon conclusion of that hearing, and after considering the record, the ex- aminer's findings and recommendations, together with such additional arguments presented at the heazing, the council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the fmdings, conclusions and recommen- dations of the hearing examiner. (c-2) Ex parte corztacts. If a license matter has been scheduled for an adverse heazing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the heazings of the matter or during the council's final delib- erations of the matter. (d) Licenseeor¢pplicantm¢yberepresented.Tbe licensee or applicant may represent himself or choose to be represented by another. (e) Record; evidence. The heazing examiner shall receive and keep a record o£such proceed- ings, including testixnony and exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent per- sons in the conduct of their affairs. Supp. No. 18 2030 (fl Courzcil action, resolutiorz to contain find- ings. �TJhere the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by �vhich such action is taken shall contain its findings and determina- tion, including the imposition of conditions, if any. The council may adopt all or pazt of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolu- tion taking the adverse action. (g) Additional procedures uhere required. �Vhere the provisions of any statute or ordinance require additional notice or heazing procedures, such provisions shall be complied v��ith and shall supersede inconsistent provisions of these chap- ters. This shall include, without limitation by reason of this specific reference, Minnesota Stat- utes, Chapter 364 and Minnesota 5tatutes, Sec- tion 340A.415. (h) Discretion to hear notwithstanding with- draw¢1 or surrender of app2ication or license. The council may, at its discretion, conduct a hearing or direct that a heazing be held regarding revoca- tion or denial of a license, notwithstanding that the applicant or licensee has attempted or pur- ported to withdraw or surrender said license or application, if the attempted withdrawal or sur- render took place after the applicant or licensee had been notif ed of the hearing and potential ad- verse action. (i) Contznuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the re- quest of the licensee, license applicant, an inter- ested person or an attorney representing the fore- going, upon a showing of good cause by the pazty making the request. (j) 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- #�; ;��: - f:d� =.r..� xy, • • 9� 1 STATE OF MINNESOTA ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 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: Duong Phan 15 Birch Lane Oakdale, MN. 55128 (which is the last same, with postage Minnesota. Subscr this 7 known address of said person) and depositing the prepaid, in the United States mails at St. Paul, o �etore me � e�, 1995. / , i PANGBORN � • �► 9c�—a�j STATE OF COUNTY OF RAMSEY > ) ss. ) AFFIDAVIT OF SERVICPs BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 7, 1995, she served the attached LETTER on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: James C. Easterly 915 Grain Exchange Building 400 South Fourth Street Minneapolis, MN. 55415 (which is the last known address the same, with postage prepaid, Paul, Minnesota. Subscribed this 7th d Not of 19 41�L4C-M4NNESOiA � D�yfrasJan.31,?Aq of said attorney) and depositing in the United States mails at St. me OFFIC F THE CITY ATTORNEY Y • T'uirorhy � Ciry Anomey 9�-�y � CITY OF SAINT PAUL Civil Division Norm Coleman, Mayor 400 Ciry Hall Telephone: 6I2 266-87I0 IS YYeu Kellogg Blvd. Facsimile: 612 298-56I9 SaintPau� Minmesom 55102 December 21, 1995 James C. Easterly 915 Grain Exchange Bldg 400 South Fourth Street Minneapolis MN 55415 Dear Mr. Easterly; This letter is to confirm the message I left with your receptionist this morning that a hearing date on the Cafe Karaoke Do Thanh has been set for January 18, 1996, at 9:30 a.m. at the City Aall Annex, Room 1504. The City Hall Annex is located at 25 W. Fourth Street, directly across the street from the Courthouse here in Saint Paul. I also have received your voice mail acknowledging my message and that the date set by the Office of Administrative Hearings "looks fine" to you. When my paralegal gets our witness issues straiqhtened out, I'll let you know who all we intend to call as witnesses and expect that you will do the same. I would expect this hearing to take somewhere between half a day and a full day to complete. That is just an educated guess, but thought it might be helpful in scheduling gour caler.dar. If you have any questions, please feel free to contact me. I will be in court every morning next week but should be in my office during the afternoons. Happy Holidays! Respectfully, Q�� I` � V 1 tX�=�� Philip K. Miller Assistant City Attorney s � �'� �� o - r�-�.��a ^ �, 5 �t . � z`� — � STATE OF MINNESOTA COUNTY OF RAMSEY Elizabeth L. Miller deposes and says that on December 21, 1995 she served the attached: Letter � 9�-a�� , being first duly sworn, upon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. James C. Easterly 915 Grain Exchange Bldg 400 South Fourth Street Minneapolis, MN 55415 �� ' �� a. �_►.� � �a.� �� > j ss. ) . � LYNNE M. KNUTSON � �.� NOTARYPUBLIC RAMSEY COUNTY .. �MyCpmm,ExpiresJen. Subscribed and sworn to before me this a(5� day of f��C�'Yl �� , 19 �j�. , � � OFFIC� THE CITY ATTORNEY Timothy rx, CiryAmomey 9�-a.�� CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 Ciry HaU IS Wea Kel[ogg Blvd Saint Pau� Minnewra SSIO2 Telephone: 6Z2 266-87I0 Facsimile: 6l2 29&5619 January 5, 1996 William Mahlum 1020 Piper Jaffray Plaza 444 Cedar Street Saint Paul MN 55101 Re: Application of Don Nguyen and Duong Phan d/b/a Cafe Raraoke Do Thanh. License Application No. 17719. our File No. G95-0386. Dear Mr. Mahlum; Pursuant to your request for discovery, dated 1/4/96, please find enclosed our response to your various requests. Per your paragraph 1. I have nothing to disclose. Per your paragraph 2. Please find enclosed a) BCA record checks on Duong Phan and Don Nguyen. b) Saint Paul police reports dated 11/17/95, 10/18/95 and 8/13/95. c) 8/28/95 fax from LACSO which contains the California record check on Don Nguyen. d) 5 documents from Rosemead California involving the Karaoke Cafes Mr. Phan and Mr. Nguyen have had, or have, an interest in. Per your paragraph 3. The City may call the following as witnesses. Lt. Gary Briggs, SPPD, 100 E llth St., St Paul, MN. Sgt. Brooke Schaub, SPPD, 100 E llth St., St. Paul, MN. Officer Charles Geyer, SPPD, 100 E llth St., St. Paul, MN. Officer Timm Gilkison, SPPD, 100 E llth St., St. Paul, MN. Sgt. Wayne Wallace, LACSO, Temple Sheriffs Station 8838 E Las Tunas Dr Temple City CA 91780 Kris Schweinler, LIEP, 300 Lowry Professional Bldg, St. Paul, MN. Christine Rozek, LIEP, 300 Lowry Professional Bldg, St. Paul, MN. I am not aware of any of the above-mentioned witnesses having a criminal record. Per your paragraph 4. Mr. Easterly is in receipt of all reports/statements or preparatory materials of the witnesses, with the exception of reports from the LACSO from 7/90 - 2/93 which have been ordered but not yet received (expected on or about 1/12/96). � � G.�r� iCA�+�- T�a I l-a�! N � �r^�''S �'x'H. � � • � 9�-ayi Per your paragraph 5. My exhibit list is not yet prepared, but with the exception of the materials not yet received from the LACSO and the materials contained in this disclosure, Mr. Easterly should be in possession of anything we would intend to use. My actual e�ibit list should be complete shortly after receipt of the materials from the LACSO and will be provided to you prior to the hearing. To this point, I would expect to be using information such as Mr. Phans' and Mr. Nguyens' application dated 5/18/95, various SPPD reports previously disclosed and those contained in this disclosure, various reports from the LACSO previously disclosed and those forthcoming, copies of the pertinent ordinances which the City is proceeding under Sec. 310.05 (h), Sec. 310.06(b), Sec. 426.05(c),(d), and Sec. 426.06. Per your paragraph 6. Find enclosed one memo, dated 9/5/95. With the exception of work product materials, Mr. Easterly should be in possession of the pertinent information. Mister Easterly is also aware of the November 1, 1995, council video tape, of which I have a copy. Please be advised that I am seeking reciprocal discovery Prom you, including: 1) names, addresses and records of witnesses you intend to call. 2) statements or summaries of statements or other materials relied upon in preparing such statements from the above- referenced witnesses. 3) documents or exhibits you propose to enter or from which you intend to examine or cross-examine witnesses. 4) copy of abstract, recording or other paperwork which would show actual transfer of ownership of Mr. Phans' interest in the Cafe Thien Nga. 5) copy of cancelled check or receipt pertaining to such sale. 6) bill of sale and supporting materials, including cancelled check pertaining to Mr. Nguyen's sale of his interest in the Cafe Karaoke Do Thanh to Duong Phan. 7) copies of the loan papers and other financial arrangements Mr. Phan received to finance the Cafe Karaoke Do Thanh. Realizing it may take your client some time to put these items together, I would be willing to accept receipt of these items on or before 1/12/96. Since Mr. Phan has raised these ownership issues, I feel it necessary to have these items to properly prepare for cross examination of Mr. Phan and Mr. Nguyen. Please notify me when these items are ready and I will arrange to have them picked up. If you have any questions or wish to _ . . • � ��-ay i discuss this matter, do not hesitate to contact me. Thank you Por your prompt attention to this matter. Respectfully, ��P � ��Y.�? Philip K. Miller Assistant City Attorney OFFTCE C' PHE CITY ATTORNEY Timothy E. M... ; CiryAttarney 9� -ay� CITY OF SAINT PAUL Civif Division Norm CoTeman, Mayor 400 Ciry Hat[ Tetephone: 612 266S7I0 IS Wesr Kellogg Blvd Facsimile: 6I2 29&56Z9 Saint Pau� Minnecota SSIO2 January 12, 1996 4:50 p.m. William Mahlum 1020 Piper Jaffray Plaza 444 Cedar Street Saint Paul MN 55101 Dear Mr. Mahlum, Please find two (2) pages of fax that I just received from the LACSO which are limited incident runs to the Thien Nga in 1990 and 1991, in which handwritten notes in the margins indicate reports of extortion and assaults involving knives. Sergeant Wayne Wallace informed me approximately one half hour ago that he is still attempting to retreive actual reports of these incidents as well as others during the time frame that Mr. Phan actually owned, not just controlled, the karaoke cafe in California. I expect I'll be talking with you next week, if nothing else, at the hearing on the l8th. Respectfully, �� Philip K. Miller Assistant City Attorney � ■ ��'� ICa� `i�o �r�s1--+ C..1TY''S '�X'{-4, � �� :� , �� 3� �° �� _ •,. ;�� U L � '� � J O �.' - c � O y U v E y N E m > � � m Q � � °°�• E u ' y p � 4�. rn (L� 'O C C � � O � `�,�� w � �,��°� � L W � E z�¢z �o � U C � N E `�3 � m � G ,a� . C G � Y � m o c :: `� � 3 P:ar,� a� � Y rt ^ � p� � 4 � C � y N pp �3 A � L A C `+ >��=��o a �� ` y ° '�oa�, r:��'� �.�� a,� ° e � y Q 3 ,�, O y o �75..D �a U " c „ � ; y 'D p . T +� .� O � y il] � � 4 > � i. O T Z � y « :: � O � p p '� .� '3a� �'�Q N - x � 3 � � � '^ A ^ � � y ,� ; � 5 S . � "�. ❑ : aa °' � >°.� : � -�-� �. �p ,> � G .� � � U � � 3 �°° '1 � � . � :�°a �� ca °� � ,� a �`��"�� o U , ��°a�a� � :e � , . .S 3 � t� ; � 0. N �L . 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MOSMAN LTD & ASSOClATES ATiORNEY AT LAW Richfield Bank Building 6625 Lyndale Avenue South, Suite 604 Minneapolis, Minnesota 55423-2390 Office of the City Attorney Attn: Mr. Phillip Miller 400 City Hall 15 W Kellogg Blvd. St Paul, Minnesota 55102 Mr James Easterly Attorney at Law 1466 Hartford Ave St Paul, Minnesota 55116 Mr. David Feinwachs Attorney at Law 2227 University Ave St Paul, Minnesota 55114 Re: In the matter of the License Application of the Cafe Karaoke, Do Than Gentleman, 5�-��i Office: (612) 86i3331 (612) 798-HELP F�: (612) 861-1302 Residence: (612) 636-8929 February 5, 1996 Enclosed is the Findings of Fact, Concluszons of Law and Recommendations in connection with the above captioned matter. Sincerely yours Richard A. Mosman i��(.� OFFICE OF Tf� CITY ATTORNEY' ' Timothy E. Marx, Ciry Attorney y +��—�4� � CITY OF SAINT PAUL Norne Coleman, Mayor January 16, 1996 Judge Richard Mosman c/o Louise Cooper Office of Admiuistrative Hearings 100 Wastungton Square, Suite 1700 Mimieapolis, Mimiesota 55401-2138 '�.�!�,1 � Civil Division `_� �`� �' '— ' n. �, 00 Ciry Hall Telephone: 612 266-87I0 �� "�"75 West Kellogg Blvd FacsimiTe: 672 298-i679 Saint Paul, Minnesota 55102 VIA FAX AND U.S. MAIL RE: In re Tne Licenses of Don Luan I�guyen d� Duong Dai Pnan d/b/a Cafe Karaoke Do Thanh Dear Judge Mosman: 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 Thursday, January 18, 1996. This request is made of behalf of Mr. Philip Miller, the attorney assigned to this matter. The City of St. Paul License Division will be calling these witnesses to testify regarding the incident which serves as a basis for the action against the licenses of Don Luan Nguyen and Duong Dai Phan d/b/a Cafe Karaoke Do Thanh. In order to ensure these individuals will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Lt. Gary Briggs St. Paul Police Dept. 100 E, llth Street St. Paul, MN 55101 3.) Officer Charles Geyer St. Paul Police Dept. 100 E. l lth Street St. Paul, NIlV 55101 2.) Sgt. Brooke Schaub St. Paul Police Dept. 100 E. llth Street St. Paul, MN 55101 4.) Officer Tim Gilkison St. Paul Police Dept. 100 E. llth Street St. Paul, MN SS101 The hearing is scheduled to start at 9:30 a.m, on Thursday, January 18, 1996, in Room 1504, St. Paul City Hall Annex, 25 West 4th Street, St. Paul, MN 55102. If you need additional information or have any questions regazding this request, please do not hesitate to contact me at 266-8776. Thank you for your consideration in this matter. Paraiegai ._i.�'.j - lryLi il OFFICE OF THE C1TY ATTORI3E�� '� ��;�y ;� Timarhv E' Afarx, Ctry,gqlinu� - 9� -ay� CTTY OF SAINT PAUL �`ormCnirma.x afuw.�r C'M1i! pn�lsion 10n Cw H�:A IJ [test K¢ff.� g/�y[ S:nnlP�'rrl, DTnnesot¢ SS/0? rilephonr: 61? ?66-5'IO Fa�.s�: C•f; 295-;519 Januarv 16. 1996 VIA FAX AND U_S. MAIL Judge Richard V[otrnan c�o E.ouise Cooper C)ff�ce of Adininistrati��e Hearinrs 100 Wa�}uu�non Square, Swte 1700 Minf�eapoli�, Mu�nesota 55401-�138 RE. In re "Che l.icenses of Don Luan t�'guyen & buong Dai Phan cL�"i�/a Cafa Karaoke Do Thanh Dear ludge ibtosman: I�ht purpose of� tivs lztter is w request subpoenas pursuani to Minnesota Rules, part 14U0.7000 relatiug co the abo��e-mentioned coutested case hearing that is scheduted to be heard before y�ou on Thursday, J:uiiiary 18. 1996. This request is made of behalf of Mr. Philip Miller, the uttorney assi�;ne� to this matter. The City of St. Paul �.icense Division will be calling these �vit�esses to trstify regarding the incidznt wluch serves as a basis foz ihe action agaittst tk� Iicertses of Don I_uan Nguyen and Duong Dai Plian d/b/a Cafe Kazaoke Do Thanh. In order to ensure these individ�i�ls �uiil be in attenda.nce to testify, the City of St. Paul requests 6oa� the State Oftice of .4dmiaistrative Hearings subpoenas for the followuig indivi&uals: 1.) Lt. Gan• Briggs St. Paul Police Dept. 100 E. I lth Street St. PauL MI�l 55101 3 } Officer Charles Ge�•er St. Paul Police Dept. ] 00 E. 1 I tli Screet St Paul, MN 5_510] 3.} Sgt. Brooke Schaub St. Paul Police De�t. 100 E. l lth Street St. Pa�il_ Mti SSiOi �t.) Officer Tim Gill:ison St. Paul Police Dept. 100 E. 11 th Street St. Paul_ A'Lrl 55101 I'he he:uuig is scheduled to st�u�t at 9'�0 a.m. on Thwsday, J�miary 18, 1996, in Room 1�04, St. P:iul City Flall Amiex. 25 West �t6 Street, St. Paul, �N 5�]02. 1�'�r,a i�eed additior2a! ituorma�ion or hati•e an�� questions regazduig tfus reqnest, plea+e dn noY hesitate to conta�t me at 366-8776. Thank vou for ��our consideration in this matter. Siiicer�v � /� ,�" � �. / �� , � ` �C,�� ' �f.� h' Peter P. Pangbonv` Yarale£al .'.�i',� 3=''?cr".t Ol 3��i��i_i �=".3P�L�iill!+ x,l1=i Ldii.�� GiT:�T '=+�nT-'=�S-IJHl OFFICE OF THE CITY A7'T02NEY TunoiHy E tfiir.r. C�rr .Artonary �„ , cl o� salrrr PAtn. b�nn t'nlem.v+, .ifavor Cnvl Ilrvuion JlNI [erv yafl /5 N�rsr Ke[lo.� Rh�d $GiRlPtnd. ilnv�eso7a Sj1(�' FAX TRAAiSMtSStON DATE: January 16, 9996 TO: Judge Richard Mosman c/o Louise Cooper Office of Administrative Hearings FAX No.: 349-2665 Telephuire: 6!? ?bntY?/n Fucsimik� b13 29R-?6!l PLEASE CALL WHEN 7FlE SUBPOENAS ARE READY AND ! WILL PICK THEM UP NURABER OF PAGES (incfuding cover page): Z FROM: Peter Pangbom Parafegal St Paul City Attorney's Office 400 City Hall FAX No.: 298-5619 1l you do not recerve aU pages of th�s Uansm�ssion. pJease contact Peter Pangborn Te!ephone No. 266-8776 t � i'.1 ;'_�'7Z� �t'L! : � �l 3_� ( JJO •=�.'.31d��i �11�! !.11 =� IJi cy� i iT : �T '3-,r•L-yT-N!al ��-avi -��:�,.. • i • ;.. � ;�ti,r:,,x, � • • � � � � � � C� s�,j • I I • i � � �, .': TO: Lt. Gary BrigQs St. Paul Police Department 100 E. 11th Street St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Richard Mosman of the O�ce ofi Administrative Hearings af the State of Minnesota, af the St. Paul City Hal( Annex, Room 1504, 25 West 4th Street, in the Ciry of St. Paui, Ramsey County, Minnesota, on the 18th day of January, 1996 at 9:3 o'clock in the forenoon, to appear as a witness in the matter of In Re the Licenses of Don Luan Ng.uxen & Duong Dai Phan d/b/a Ca� Karaoke Do Thanh. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorabie Kevin E. Johns�n, Ghipf A�!;^;�:s#;�:is� ! avr .;u� "ai i�t'iiitii2apoiis, fininnesoia tnis 16th of Januarv,1996 , KEVIN E. JOFf�N�ON U Chief Admmistrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom Tele: (612) 266-8710 ��-��i ,�--;.... • � • n;. � �;v; t;; , = • • � i ' I 1 � r � ` ' ��1. ` ��' , - i : • TO: Sgt. Brooke Schaub St. Paul Police Department 100 E. 11th Street St. Paui, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Richard Mosman of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall Annex, Room 1504, 25 West 4th Street, in the City of St. Paul, Ramsey County, Minnesota, on the 18th day of January, 1996 at 9:30 o'cfock in the forenoon, to appear as a witness in the matter of In Re the Licenses of Don Luan Nguven & Duong Dai Phan d/b/a Cafe Karaoke Do Thanh. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief A�minis±r3#ive ! a��: .luv��, a� ►vi�„neapalis, Ninnesota this 16th of an ,1996 ��10 �� KEVIN E. JOHN Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom Tete: (612) 266-8710 9�-ay i ,...,�;�. . � . . n ,..._ _�.:: _,_. .��r�� `` • • . � . . � • i -�� y i � ' TO: Officer Charles Gever St. Paul Police Department 100 E. 11th Street St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Richard Mosman of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall Annex, Room 1504, 25 West 4th Street, in the City of St. Paul, Ramsey County, Minnesota, on the 18th day of January, 1996 at 9• 0 o'clock in the forenoon, to appear as a witness in the matter of In Re the Licenses of Don Luan N�en & Duong Dai Phan d/b/a Cafe Karaoke Do Thanh. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administ�ative Latv J�sc+ge, at h�!:rneapoiis, Ulir�esoia finis 1�n of Jan , 1996 �� KEVIN E. JOHN N Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom Tele: (612) 266-8710 9� ay� ' �� "<< . al;�� -;-, ::vi '�: - � - r —, 1 ,:� STATE OF MIlVNESOTA OFFICE OF ADMIlVISTRATIVE HEARINGS HEARIlVGSUBPOENA TO: c�fficer 7im Giikison St. Paul Police Department 100 E. 11 th Street St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside ali your business and excuses and to appear before Administrative Law Judge Richard Mosman of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hail Annex, Room 1504, 25 West 4th Street, in the City of St. Paul, Ramsey County, Minnesota, on the 18th day of January, 1996 at 9:30 o'clock in the forenoon, to appear as a witness in the matter of In Re the Licenses of Don Luan Nguyen 8� Duong Dai Phan d/b/a Caf Karaoke Do Thanh. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. ,;ohnson, Chief Adminisirative Law Judge, ai Minneapolis, Minnesota this � of anua , 1996 9O KEVIN E. JOHNS Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangborn Tele: (612) 266-8710 JRN-17-1�+'�5 11=��' FF�iiht !_ITY HTTpFh�E`;�-. OFFICE T�� --!•?�'r.r�. F'. _�i OFFICE OF TT-lE CITY ATTOR?vEY Tinro+hf� E. Ma.n, Cuc.qiror,.n• q� a� CITY OF SAINT PAUL Ne.m Coltn�nn, M1lm�o� December 2S, 1995 �7ames C_ Easterly 91.5 Grain Exchange Bldq 400 South Fourth Street Minneapolis MN 55415 Dear Mr. Easterly; Cn'u Anv.uon �W Cm� H.� IS U'er. 7iet7ogs Bhd. Soir.: Pc�d Af:r.nc•so:n SSIC? TG:[phti�r. Al.' ?cifi.�i0 fa:sr..::e 5:.' ?VF�HfO This letter is to confirm the nessage I left with your receptionist this morning that a hearing date on the Cafe Karaoke Do Thanh has been set for January 18, 1996, at 9:30 a.m. at the City Aall Annex, Room 1504. The City Hall Annex is located at ?5 W. Fourth Street, directly aCross the street from the Courthouse here in Saint Paul. I also have received your voice mail acknowiedging my message and that the date set by the Office of Administrative Hearings "lool:s fine" to you. When my paralegal gets our witness issues straightene.d �ut, I'll let you k.now who all we intehd to call as witnesses and ezgect that you will do the same. I would expect this hearing to take somewhere between half a day and a f'ull day to comp]ete. That is just an educated guess, but thought it might be helpful. in scheduling gour calendar. If you have any questions, please feel free to contnct me. T will be in court every morning next week but should be in my office durinq the afternoons. Aappy Holidays! Post-It"' brand fax tranSmittal memo 7671 tt m paqes . r �-? __ Respectfully, --1, Q�, �.�' X � ��'�! . � � � � ; °7"f. i�u� G ;^4 ,a �< a G� `�i' r'?� . Fn7T i�i , r+�-ac; tis G� i/t S/°� c.. SZ�= <.t.�i_. '1�'<>f'�u Philip K. Assistant Miller City Attorney roT�+� F.��t 9�-ay� < TRANSACTIQN REPORT > C RECE I VE 7 WO. DATE TIME DESTINATIOIJ STATION 10891 1-17 10:35 612 298 5619 01-17-1996<WED) 10=36 PG. DURql'ION MDDE RESULT 1 0°0�'39" NORM.E OK i 0° 00' 39" �,V��u f �.e�1J A 2 . ��s bT�3✓R�� P 9�-ati� � ,� �--- i0/ jJ ST. Gc-lUL F'OLICE SINGLE IPJCIUENT TRRCKIiVC, SYST�M :�AbR - F+UbLIC HIST�RY OF 1183 t3iVTVERSITY R V W _0�5�20 SECTC]R; 1 6RID; 86 Q�L}�Q�ifyJ - 1��JI�JJ CN DATE Tii+I� SiVCIUEhJT UISG RGT 35-i6i-4c9 1�/1$f95 �iZtc� OTHER VIDLATIGfd RCV jJ"'j.Jt}"�J� i�d/07145 1737 INVESTICwATE � RCV 35-1.i,5-E�8 1�/05/95 1'�1.s THEFT kCV �J l�Jl3.',J95 1417 iaG6 RSSAULT RDV 3J�iJ�"JS8 09/s0/9; 0a51 AGG ASSAULT RCV 35-1:,1-993 09/30/95 131:, pGG ASBf�ULT RCV �4+7 35-146-539 @9/2�/95 �319 ASSIS'f CRLLS ADV 35-143-5�0 �9/17/95 �038 FIGHTS SNR 35-i4�:-433 �911E/9� :_301 FIGHIS GDR 35-1�3-749 09/�1/95 �1k72 FICiHTS ADV 3,` 2t$117l9.°i i.SiJ �tS^qIST �IRE AMR RDV 3�-124-099 �8/17/9,�.� 01�Db OTH RSLT DOM 55 RCV 3J-1G�-7S7 ChSI Si�9J �:,Q�J DUC RCV 35-1��-173 08/1�/95 �Q�Sh DORS RL7V 35-116-9i9 �3/�7/95 �037 DISTURB CALLS UIU� 35-i l,:i-7�;� N8/@5/95 �116 DIS I'UftB 'CfaLLS liUta 10!'�SI95 ST, f-'RUL F'qL.ICE SINGLE IlVCIDEriIT TRACI',SIV6 SYSTEh1 �AUR - GtJSLIC 1-IISTORY nF 1183 llNiVEf2SI1'Y HV W ?0�50� SECTOk: 1 GRID: 8f� 04l�1195 - 10J r�J��J U'l�f DRTE TI1+1E INGIDENl UISF' RPl 3J �8/Q�4/9`; m�10�: YNVESTI6flTE RDV 35—S1k-9E54 �8/�4/9� ��7 G7N�R ASSRUL7 kC:V 35-1 S4-9ts1 08l�4f95 ��+Z�7 IlVUE,STI6ATE DU�' EET�1 �J �l&/¢�3/4; �113 AU"IU THEFT kCV , 35-11�-'��3 w7/31J9� 011$ DISIURR CRLLS GDV 3�-i11-�09 Q�7/�9/95 �2�47 GTHER VIOLATION kCV tu-1�6-+Z�N4 +D7/�1/9:, ��D�B 170P5 AC�V 35-i�Z+?,-829 07/17/95 135b RlllC1 THEFT ' RCV 35-10;�-,?,9V7 07/15I95 +D�4,:i AUTO THEFT ADV jJ Q�7tic195 k0c7 QTNE.R ASSAU�T kCV 3�-v193�-1E�5 4�7/�8f9.� �75.1 fHEFT . ftCV �J �7/07/95 �0�3 SNVESTIGATE AUV , 3J �7/05l95 ��45 i� I6HT5 RDV i5-Q�9:?.-599.- �6/?,0/95 �11� DISTURP GftLLB RDV )�-@88-71� 0E{��195 2245 LIt�UOR LAW I�CV IJ Q�6/c�l9,�i �616 ALAfth15 FtGV .ii�lc5/95 ST. PAUL GOLICE SINGLE INCIDtNT TRRC!{IiVCi.SYST6M 1flDR - F'UPLIC , HISTORX OF 118?, UNIVERSITY RU"W :P1�5�k1 SECTOR: 1 �RID: t36 Qr4/01/95 - 1�/ �J��J LN J"�G7BJ J��L�J' J�'�LjJ Y � J—NyJ—IyC"� J"'��SJ JN .:J" .L �F i._�-n i _c m.. DflTE k�n/17/95 0f+/17�gJ �6117/9� �+b! 1719� Q�£. NE?�1J�gJ iT::. 15.c /p . T I � II4E (/ � K' � JY.� �11� ��49 ��37 �332 � ;y h�}JYJ _. ic.1 I SVC I S7EfST CiTH�iY RSSAUL7 iITHER ASSAULT WERF'OIWS [7aNS UTHER AS$ftUL7 O1'HER A35FitJLT I.�f\C)61�h4T hOOCC nzs�� Hs-�r UUF' RCU ur�F DUfl RCV CRN L�!" 1 S 1Je�S:J1 IJ:i_i :il1 15:�-'_} s.`i1 �'x / , � .. v � . .. v _ i % .... ._ v . . r .. � .. r _ . . . � . . . .. _ �. . . _ _ . . . . _ . �iJ"Q�7I Q�S/25/9,�i . 0Q�21 � UTH ASLT DUht SS kCV 95-N68-21k1 �5/;?+U/9,:i 0124J DORS IJNF 95-N63-431 iP�/i2/9°' Q��37 AWI CitiA 95-+Z��','-8�b �JIS�fSJ i�� DOM�STICS AD4 95-rn60-�43 Q�5/¢�E/95' ¢�114 . DORS ADU 9i-ut6�2+-1'36 tt75/�Zt6/95 0�� O VIOLATI�4V. UIVF - 9J �4/28/95 ��YJL� L�$CJ ADY 95-rti47-S6� 04/1319:� w039 IIVVESTIGATE UNF EEN S�fGJ�SJ ST. PRUL PGLICE SINGLE INCIDENT TRACKIIVG SYSTE"I Qi�UR - F�URLIC NISTORY OF 1183 UIVIVER5ITY lV W �0250+2� SECTO�t: i [kID: 8E �4/01/9� - i�/;'_5l9:, L'N DATE TiME IIVCIUEI+iT 9:;-ib47-641 ili4/i�/9:i �3.°.�4 DOMESTICS 95-�4`i-193 iZ�4/Q+8/95 01��2! FI6HlS 95-044-110 �4/�6/95 �1Q+3 INVESTIGATE QRlift comple�ed finding 51 records DIS�' AF'T �OA RUV GOfi 9� ayi j.J:�SiJG ��(�> �6 �yi �'��T ��s 2�� 1V�/c'5/95 ST. F'AUL. F'QLICE SINGLE INCIDENT TRACt4IiV6 SYSTEM RRUR — PUL�LIG HISTORY OF 130@ UIVIVERSITY pV W 20�50@ SECTOR: 1 GRID: 1�6 - +Z�4l�1/95 — 14�/�S/y5 CN DATE 7IME INCIDENT I}ISF� AGT 95-164-374 1�I�kf95 1�05 KECOV F�RdGERTY RCV 95-1E3-677 101��/95 07�� INVESTIGATE CRN 9,°�-163—.z9� i0/c:'_/95 1413 7RRFFIC RCCDIV? RCV 9°, - 26 i - JJJ iQ�l�+D/95 1549 ASSIST CALLS ADV 95-161-2�9 10/18195 1.?,�i� INVESTIGATE f1DV ��-15�-E�48 1�D/1.7/95 1357 F�RGERY ftCV 95-16@-��4 it i75� GREVIOUS CN ADV 95-16@-199 10/ib/9� . 175� FRRUD RCV 9S^159-163 1+2�/14l55 19;:4 DUhtE:STICS GGR �J ia/09/9� . 1319 WERF'ONS , RCV y5-155-534 10/08/95 1741 FURGERY RCV yJ' i�imai9s .i�ai 7HEFT� RCV 95-153-579 1�IQ�J�9J 1�b3:, FGRGERY RLV 95-153-i80 i�/�4/9� ib4�7' Ofi-1 ASLT DOM SS F2CV ' ��9 9J'iJ��I�V 1�/��/9�' 163E' F'REUIOUS CN F'CN 9�-152-�'i2+ 1�J02/95 1433 FRAUO RCV YN/ CJIBJ ST. F'AUL F'OLICE �SINGLE IIVGIDENT 7RACKING S'YSTEI�1 QR1�R — PU�LIC I-1ISTORY OF 13�0 UNIwEftSII"Y RV W c025�� SECTQR: 1 GFtZD: 1�E �b41�Z+1 /'35 — 7 �J�5195 CN DA7E T-IMt INCIDEIV7 DISG RF'T 9�-151-994 1�/0�19� 13i3 RT,T AUTO TtiEFT RCV 95-151—Lr74 1iZ4fQs1/4=i 1317 ASSIST CAL.LS C�CtR 9J 0913�/9� 1451 F�RGERY RCV 9J'SI'i� 2{9/i8J95 1130 FORG��'Y C�'CU `35-148-593 tD9/�6/`35 185E- FRRUD RCV 95-147-5�?� 04lc5/95 14?,,.°i THEFT ADV 95--144-879 k�9fi9/35 ib�8 F'REVS�US CIV PCiV 95-144-868 Qi9/1y195 1613 FftAUU kCV 95-144-34� �9/i8/95 171s GREVSOU5 CN RDU 95-144-?1� �y/18/95 1624 TI-I��7 kCV 9�-14.:�-38�- �Z+9/Y6/95 2138 IIVVESTIfi.�ATE GUfl UF�-i: 9,°i-143-248 �9/16/95 175;, INVESTICiATE 60R UF'-C 9:i-143-�,.��4 Q+9/15/95 1735 THE�T RI:V 95-i41-�S1 �9/13/95 i823 THEFT kCV 95-141-+Z�71 ��IS�S�SJ �i�JO TRA�FIC HCCDNT RCV 95-14�-S9b �y11�I95 1647 ASSIST CALLS RDV ir�I iJ�yJ 5T. F'flUt F`ULICE SISV�LE IIJCIDtSVT TRACKIh18 SYSTtM uRL"R -��U�.LIC {-IISTORY (JF i3�k1 UIUTVERSITY pV W ;?OLS�D� SEGTOR: 1 GRID: 1NS �k/01/95 - 1�/c5195 CN 95-140-4@9 9.�i-1,s8-39 � 95-i V�'{�J 9✓-137-�37 9:i-1,?,�-988 9 J'�' I .�J`J� 1 OC�y �/,_.p��f DATE, �9/12/45 09/08/9,:i Q�9/�8/95 v�9/�7/95 �9/�4/95 09/�3/95 rT[l /vT.3 / C TIP1E 1�33 ;=1�1 1 H �.:, 1�4� 181� � 1;33 ii�A I1VC I17t1UT THEFT TRAFFTC ACCDNT F'kEVI0U5 CIV I'HEFT TFiEFI" FRAUD TLtCCT DISP AP7 RCU GDV PCN RCV RGV RGV ucti i�:i�:�� 1�e16:2`i SJ: �E n��J ��,� �.� C�-� �"j /� -w�4 �� , G�'�� r.:l[� 1+D/ �J�yJ ST. F'RUL POLICE SItJGLE ZiVCIDtNT TRACKIN6 s'YSTtM i�Rllk - F'UbLIC t-IISTCIRY OF SJJE� UtUIVEftSITY AV W �+Zi25+Z�N SECTOft: 1 GRID; 1�5 �4/Q�1/95 - l�C/25/95 CIV DATE TIt+IE I3�1CIDtiVT DISG ART 5`i-Ln4:_-185 �4/Qt1/95 ��23 RUNRWAY CiOR 95-tt147-�D6.3 04/ 11 /95 :'_Q�+Z�� fl-IEFT RCV 9�-14q-3,:�6 04/15/95 �„�6 DANCz CQIWUITI�3VS GOA 95-�„�.�;?-3i1 +Z�4/21/95 2315 taSSIBT CALLS ADV 95-05�-4E4 �4/2�/95 2�25 ORSTR.LEG.F'ROC. RCV 95-�5E�-755 �4J30195 N111' OIHER RSSAULT CpiV 95-06+Z�-245 �+5/¢�6/95 �12G I'NVE.ST?.GRTE ADV �5-�64-053 �5/1�/'35 �3Y4 , DISTURR CF1LL5 ADV 3�-Q�b4-67� Q�5/1,.�,/95 c356 DRUNK ADV 9�-065-747 05/1�/95 c348 1"HEFT RCV 95-067-1$8 05/18/95 15�9 LUCN.GU1 (AU70) RDV 9J 05/i9/9:i �'�135 'FIGHTS Shll� 95-2+67-978 Q�JIIyI9J GQ� .36 OTN�R ASSAUL7 FtCV ��-07�D-14� �,�/23/9,.°i i258 I'�UNAWAY ADV 95-N7�-�9ti �5/�7/95 @�i.E DOC kC:V �5-�L�7�'_-Sc7 V`J5/�8J95 �k720 iVARCOTICS vliLlGS FtCV 12�/c�V95 ST. F'AllL PULICE SINC�LE INCIDEiVl TRAGKIN6 SYSTEI+1 i�f�Dft -�'USLIC HISTO�ZY OF iJJC UIVIVCRSITY qV W ��54��Z� SECTOR: 1 GRID: 10� �D - 1�{i:.JI9J CN DGTE T I1+1� 1 NG I UEIV7' D'I SF'' flr'7 45-N75-a58 �2+61�b�l9s N8:,6 1`HE�T RCV 95-N7E�-51F3 �6/�2/y5 234.�, . DAN� CON�iITIOiVS UiVF 9�-Q�76-588 +Zi6l+Z�3/y5 a1Qk'_ DOC RCU 9.`i-081-471 ��/11/95 �Y4;:, INUESTI(�F1TE RUV 95-�8.i-6S3 �bl1719:� i.�.SE DC7t+lESTICB CiLJA 95-�85-741 �£�/17/95 ::c51Z� DOBS ADV 95-��39-356 �6/+'_�/95 iC48 A..S'SI`.3T CRLLS ADV 95-Q�89-451 06/24/95 �Q148 DGRS ADV 95-�d59-48t3 Q�6l�4l95 �1.39 WARRf�IVT HRREST RG�1 95-Q�9c-67� �6l�9/85 1656 TKA�FIC VIOL TRF 95-�93-b+Z�4 07liZ+lt9`i k71�d1 O4F�EkZ ASSRULT RCV 95-0y8-6Es1 N71�&/95 2.?,�9 Sl1SF' RCTIVITY UIUt= 9s-k'�98-7Q14 N71�9J95 Q�+Z�07 RUh1RWRY ADV 95-�99-84$ �7l10/05 ��23 Dt)RS RDV 95-3�;_-17� 2�7Ji4'f95 1900 TR�IFFIC VIaL RCV 95-1Q+,�-413 �7/15/95 011J DUBS ADV 1�f�5f9� 5T, F'AU� Gl7LICE SINGLE Ih1CIDENT TRRGKIht� G!A1"�R - GURLIC HISTORY D� i556 UNSVEkSITY pV W �0�5�0 SECTOR: I GRIll: f+Zi5 �4/Q�1/95 - 1�/2519� CN 95- i 0',�'-fs i 6 95-1 �:'_-&31 9✓" S Q��-'£'t7J 9�-i �::-933 95-1��-676 95-1N7-��`� ta ��—. 1 iT7— .: 1 � DATE �c"7J15l95 �7/ 1.:�/9:i 2�7! i519� � 16/ K�( IiG�I�J �d7/2c:/95 �a� ir , ia=, TTMt �1 LL�L ��+�4 � �Yl4�J ��54 a,�=a INCIflEN"� TNEET IHEFT . nass DfllV6'CONDITIONS DORS DRNG CUNDITIOiVS 17fiR-^, DISF' kCU UUI=� u�aF TRF GC�A . GOA ADV � �YSTEM HPT 8 B 9�-ayf �s:�+�:�s i:�e��ec8 1 J�L'L':i� ��(�) 9�-059-435 �5/04/95' 2118 THE�T kCV 55-059-419 05/04/95 2�47 fHEF'7 RCV 95-@57-474 05/Q�2l95 2437 LOST MISS F�ROG kCV" 95-056-257 P!4/29/95 Q�$35 THEFT RDV SJ Q�4/2$/95 iQ�05 THEF7� RCV 95-w54-990 a4/26/9� �im5 THEr7 RCV 95-053-FS4y Q�4/�4/9 i 1823 IIUVE5TICiRTE FCCV �J N4/24/95 14c0 LQST MFSS GROG RCV 1�D/ �J�9J ST. F'AUL F'OLICE SIiUGLE IhtCIDEiVi TRACtCING SYSTEI+V t�qDR - F'UBLIC HISTORI' OF 130� UNIVERSITY AV W i�c�� SE 1 GRID: iQ�E+ vJ�FImSf�J � 1��4J�gJ CN DRTE TIME ' INCIDEN7 BISF' A��T 35-u�53-647 ti74/�4/95 1132 THEFT RCV �J� Q�4/��/95 �118 THEFT kCV 9 C�JJ�SSJ �i+4/2�/95 1117 TRAPPIC ACCDNT RCV 95-4�5;='-11c �4/�i/95 1524 Tk-IEFT kCV y�-05+Z�-�2+t3 04/17f95 14�2 fHEFT . RCV 9.`;-�49-��2 �h4/15%9� ��i AIVII+IAL CALLS CAIV 95-k�49-�49 �4/1519:i :?�D3� DOBS ADV 95-IZi48-1Fs� fn4/1�,/95 �c17' DOPS ADV 9.=i-�`u47-983 Qi4/1.�.,f9,:; 16�7 THEFT RCV yJ�'Q� S�4/12/9� 1344 THEFT kC:V 95-+2�47-�9� �4/1�/95 1�48 TRRFFIC ACCDNT RCV 35-�Zt47-Q�42 �4/11/9S 19'�5 THEFT kCV 9S--�i;47-4c8 i�4/�8/9S i;,32 1 HEFT RCV 95-044-796 +2�4/�7/95 1215 . AUTU i'HEFT RU'V 3;;-�44-4�9 �7J4/��l9.i 1��6 7HEFT RCV >S-s43-7�o-5 �4/05/y5 1�:;'9 VAIUDA4ISM RCV 1�/25/9,:, ST. GAUL P4LICE SINGLE I4+lCIDEIVT TRRC4'.IlVG SYSTtM �RDR -. F�U��IC: HISTORY �F 13+�0 UNIVERSITY AV W _¢�25r�� SECTl7R : 1 6f2I ll: 1�6 �4/4�1/9v - 10/�5/95 CN DAT� TIME IIVCII7EIVT 17I5F' HF'T 3s-�"�4::-:si� �4104/95 i9+Z�5 FGkGE�CY KCV �RDR completad find'ing i6i t�ecot�ds 5� ayl 1: 15:16:26 1SC�� y5-134-1�6 �9/gl/95 1749 DETdX kCV 95-13?,-?,�7 �8/31/9� 1�4� TNEFT RCV 95-13�-&77 08/,�,0/9� 1744 PREVIQUS CN ADV 95-1.:�-873 08/3�D/95 1740 TFiEFT RC4 95-1�4i-Q�45 Qt$/2�/95 1944 ' ASSIS7 CRLLS ADV 9;,-1�9-58� 4�8/25/95 1554. FOft6ERY RCV 95-1:'9-881 Q�S��J�SJ ISJ.3 F.ORGERY RC4 95-Ic9-879 Q�SI2JISJ SJJ3 FI]RGERY ftCV 101c5/95 ST. PAUL POLdCE $IN6LE.iNCIDEIVT TRACKi1V6 SYSTEM DADR - FUBLII; I-lISTORY OF 13VJ0 UNIVERSITY AV W 2t�lc,.°i0� SECTOR�: 1 6 R I D: 10b 04/�1195 - 1�J?S/95 CN DATE TIME IhtCIDENT DiSP A�'T 9S-1L8-897 918lL3l9s 2��0. THE�T U4VF 95-1�7-519 08l21/95 192b THEFT KCV 95-1 �J — �Q�J Qt8J19/95 iQt47 DETOX RCV 9J �Et/17/95 1^c3Q� THEFT KCV 9:�-123-+2�7c �D811bl9;� 1613 FO�GEftY ftCV 95-1�2-910 ¢�8/1E/9� li'�1 THEFT RCV ti5-1u1-671 08/14T95 1i51 . ASraIST CtaLLS ADV 9.°i-1�.�-E3c Qr8/T4/95 1910 DETUX kCV UI-'-C 9�-119-87� 08/11/95 1749 f'HEi=T RCV 95-ii9-3�6 08/1�/95 1955 . FRAUD i2CV '35-i18-139 08/Q�8/95 �?�3 R5S"I5T CRLLS ADV 95-ii8-107 Q�8/�B/95 �317 THEF7 kCV 95-116-559 �8/0{aY95 1454 RSSIST CALLS CAN 95-116-49i 0$!06/95 �320 ALAFtMS FfCV 95-116-336 0810:i/9,°i ;?343 SUSG RCTIVTTY GOfa 95-114-915 �8/03J95 2c17 IiVVESTI�ATE CAiV pSH 10/25f9S ST. GfiUL GOLIGE SIIU�LE INCIDE(VT TRRCKING SYSTtM OADR - F'UbLIC HISTORY OF 13�� UNTVEk5ITY RV W �:'��50� SECTOR: 1 GRI.D: la£� 04%Q�1/95 - 1�/�5/95 CIV DfaTE TIME INCIDEIVT DISF' AfT 95-114-EcQ� 08/4t3/95 1429 VAIVDALISM RCV 95-114-;34:3 N$/0cl95 2�3,:i INVESTI-6ATE RCV UG-C 95-11.;-986 �8/��/95 1E33 INVESTIGAtE ADV UY-C: 95-12�-H;_� �Zt7131/9:'s 1�1� CkiEFT 4�CV 35-ii1-4�9 07J�9/95 1818` ASSIST GALLS ' PCN 3,°.,-111-�+k�E� �7/29/95 1814 FRAUll RCV 3�-140-��9 �7/�7%95. 1EQ�2 DOBS RDV 3�-1�9-3�1 '+D7/26/9;� 1144 CH£FT RCU 3�-1�8-888 �7/�5/95 1E51 ' THEFT FtGV 35-iuy8-118 5Zti7/i4/95 is4V! T1ict=T RCV 35-1�b-4?,8 Qi7/�1/95 1819 THEFT RCV 3J �7fL�/95 1z�3 T4iE�T . ftCV �5-1�i-��5 4+7/19/95 1432 IIVVESTIGA7E kCV 3�-lu,s-i�s6 Q�7/ib/95 1218 7HEFT ftCU 35-10�-14�� Q7/14/95 1E4� OTNER ASSHULT KCV i.:i-1Q��--�74 �7I S�}�SJ . �.JL}J CHEFT RGV �/^c5/95 ST. F'AUL F'ULICE SIIW6LE INCIDEN`I TRRCtGIIVG SYSl'EM tADR - F'URLIC •� HISTORY UP 13�� UNIVEftSITY FlV W ''a�5�2� SECTpR: 1 CzRID: 1�E �4/�1/9� - 10/25/95 CN �-iV ✓'��JB JC�J 5-k 97-,:794. 5-096-965 .�i-096-575 5-Q�95-:_ 14 y.�fh�0/.._OG : DflTE �7/13/9� 07/�Z+B/95 07/07/95 �7/�6/95 2�7I�DJ/9J 07/03/95 �a-' irn : i �-- TIME la'14 1.`;40 1454 1S2i ��59 2129 i :1/.. : INCIDENT - TNEFT THEFT TRftFFIC pCCDNT FRRUD h`aRGEftY FDRGEftY ruccr DISF' A�'T RCV ftCV RCV RCV RCV kGV faf' I7 y� ay� SJ:S6:�J 1J:��:GJ 15;15n�5 l s�� W Im��J��J ST. G!RD�t - F'UftLIC 2k1�52�� . � � � o,✓��-.� � ��-�r-��-�T �Ai7L �`C7LICE SIiVBtc' Ii'dCSD�NT TftRCKIhdG �(STEM HISTORY OF 1570 UNIVERSITY AV W SECTOR: 1 GftID: 1+Z�5 �2+4/01/95 - 1@!c5/95 CN UATE TIht£' INCIDtNT DIB�' APT �J 1@/lE+/95 � 1950 DRUNK � DTX . yJ�1�1'G�JtS.`J ¢�9/23/95 +2�03�b OTHER ASSAULT RCV � 95-14b-�9b �9/22/95 1�13 DORS CAIV �}J 09/07/9.5 � ili,°.. DOHS ' CAlV ' 95-1 . ~ '�E� - J7J Q�9/05/95 1726 DRUNK . RDV 95-1�7-589 �Z+B/21�9� iN35 OTI-IER ASSAULT RCV 95-123-918 Q�8/17/9� G��7 RLARMS RAV �5-7',_;-916 �8/17l95 ='��6 FIGHI'S HDV 95-ic;�-15E: 0&/16/�J.°i 1829 iNVESTIC�A7E UIVF 95-1ii-91£+ �ZtB/1E SliB I1�{V�STIGP.TE F2CV 95-i16-686 �g��OIyJ SJJ7 fl6G ASSRULT CAIU 95-115. Q}8/�4l95 1414 TftAr'"r' flCCI�iVT FtCU 95-1fi4-9�3 07/19/95 1011 TkApFIC ACCDNT kCV 95-�9�'_-358 061�9/95 0�2i�3 flL4aftMS RCV 95-089-315 �€,/23/95 ��li AURS GOA �3�-�86-142 , �6115195 1E.29 (1-iEFT , RCV 1NI�;�/9� ST. 4='AUL GCtLICE SINGLE INGIDEN"f TftACI{IiVG SY87EI+i DR;�R - RUPLIC HISTpRY OF 157� UI`tIVEt2SIl'Y t�V W ��c50� SEC7dR: 1 CGRIU: iQ�S �Z+4/01l95 - 1ti/ iJI9J GN 95-�84-671 9 �-079 -4,;;1 95-+b7b-� 19 55-�76-�18 95-�"I:r-792 95-¢�74- %�9 9,`"s-s2io 8-9'7 4 �)5-06r��-1 t3l 95-us56 -�t 47 DRTE 06/16/9,:i Q�6/@7/95 k�6/fD2/9� 06/¢�2/95 +d5/;'_7/95 Q�J/��I9J �JIGL�9J �h5/�l�/95 �4/�9J95 TIh1E �957 SJ�a 171� i Q�47 f��J� �03� �517 �N�O 1�35 INCIDEN"f ALARMS ALARI+IS TRFif-FIC RCCDiVT I IVVEST I GATE 7RRF�IC RCCDIVT ALAHMS ALRR(*15 . Dt7NS IIVVEST IGATE GF�llR campletecf finding z5 records DSSF' RC:V RCV ADV ADV taOA 81V ft CRIV GUR I�CV pF'7 LL N 9� �� 1:�:G�:JG 1.1 : GG i JJ � � �� 9�-094-439 �7/��/95 1327 fHEFT RCV ' 95:093—A48 07/�1Y95 1449 UTH ASLT DOM 06 RCV 9u—ti�93-480 06/3Syl95 . 214b FQRCsERY f2C4 9�—�92—H24� 0E/�8l95 ,1454 � THEFT kCV 95-089—¢�49 06/23/95 i541 TI-iEFT RCV 95—�87—FSc1 06/21/95 Y44E � RCCDN"s CRN 95—+Z�&6-2�1 0b/18"f97 �013 FORCiEftY ftCV 9J'��SE��Qf�J Q�6/18l95 �1359 TI-IE.FT kCV 10/ iJI9J ST. GAUL GOLICE SINGLE INCIAENT TRACY.IN6 SYSTtM GlGDft —��UHLIC 1-IiSTORY OF '13tiltfl UNI�ERSI7Y AV' W 20;?50� SECTOft: 1 GRiD: 1�£� �4l03/95 — ia/25/9S C!V ARTE TIME SNCIII�NT DISG faP7' 95—@&i—E78 06/11l95 1534 THEF7 ftC!1 95—w81-621 �E/11/9� 1238 THEFT RCV 95-52t79-1S2 QticlQ}7f95 +Z�Qs3� IIVVE5TIGtaTE UIVF 95-078—�74 �5f�D5/95 1918 THEF.T RCV 95—�78-8E1 �76/Q�6/95 1543 FRAUU RCV 95-478-86�D 06/05/95 1540 TNEFT RCV 95-077-1,?,0 �6/�3195 �� kUNAWpY ADV 95-076-8k1 Q+6l�3/95 11'20 THEFT RCV yJ Q�6/01/95 �122 Ti-IEF7 kCV 95—w7S-4rD3 fi61Q+1f95 13+2�4 THEFT F2CV 95—�74-989 Qi5/3i/95 �1Q+8 THEFT RCU 9�—�74-910 �J�JS�SJ i847 WRRRRNT ARRE�T RD'V 95—�74-676 0�/31/95 1156 THEFT kGV 95—ti�74—�r38 �J5/3�U/95 1�4/+ CHEFT ftC:V 95—¢�73-635 @,,1�4l9� 1`�3A AI._RRM$ ttCV 95—k�7�-538 �;;l�9/9:; 1.533 THEFT RCV 1+2�1c5f95 S7. I-+RUL 4�'CILICE SIiVGLE I{VCIDE1Vl TAfiC:f'.IIVG S'YS'fEh1 G!GDR — F'USLIC HISTORY OF 13�Z+� UNIVERSI7Y RV W �0�5rt1�1+ SECTO�te 1 �RID: 1�6 k74/�DS/95 — 1�/ i�J��7J C:ht Bf�TE TI4qE iIVCI�E4VT DISF� FlGT 95—�'73-4a2 �`JI�S�SJ 141G (HEFT ftCV 95—+Z�7,?,-37� ��/�9195 ?T�£i39 OCC WFRR SEftVED FtCV 95—OJ7�-7,15 ��l�7/95 2�D4E f1SSIST CRL�S ADV �J �SJ^c6/95 1717� 'TNEFT � ftCV �5-07�+-31� �L�J�uJI9J 1815 THEFF CAh7 95—Ch712i-3Q�9 +DS/c,:,l9.°i 1814 , DE70X KCV 9;;-5�7�-156 �,°s/,�3/9.�s 1336 TRA��IC ACCDNT RGV BJ"��71Z�^iJJ 0�/2: /9� �' 13?,.'�, TH�FT kCV . , 95—��9—��9 �5/2?795 rD9�9 WA42RANT ARREST ftCV 35—�68—ii;; Cn5/19/9.�., c377 TRAFFIC VIC1L RCV 35—�E�-219 v��J15/9� 1935 Dt2UNK CAN 3J" 05/14/95 �025 VAi4DALISM GOA i�—�E�-72.9 ��/12/95 1532 ' THEFT RCV 35—¢« 3—�:,5 tn5/ifly� 1827 THE�T RCV 35—�63-156 �J�S1Ig`J 1�47 TI-IE RCU �J Q�5l13/95 SL��J ��G�T f�t.� l0/ �JI�J 5T. GAUL pt7LICE SINGLE IiUCEDtIVT TftALKIN� SYSTtI'fi �ADft — F'LiH�IC HISTOftY QF 13�� UIVIVERSFTY G?V W ��5�� SECTOR : 1 6R I D: 11Z�6 �4J¢�Y/95 — ia/�Sf9S C!V � u-2S6 I —1 �$ � 5—�b€� 1—+Zi� 3 5-0� �Zt-59 2 �—w�w-5i� 5-062�-5i 1 �—w6 �-4�0 L�--i}F.fh_i 7L. narE �JJCn7JyJ QiJI�7J7J9J Q�JIOE+J9J �J��f?I�J Q�5I �6I95 �n�r�asi�s rnr: �rna ia=. TIME 1n43 13 1 ('�!L 1457 1k54 s i s,� � 1 29 I IVC I DEN7 T1iE�T CHEFT THEFT i'�-IEFT ' THEFT TIiE�T t16hiT1�1 T ci.t DISF' APl" kCV RCU kCV CAhJ ADU RCV qf 11 96-� y i IJ:IE�:CJ i�:1E:`s lSei6:�6 �� 9�-11�-8N7 0.7/�8/95- �1�5 . THEFT. KLV 9�:111-042 �7/29l95 0133 INVESTI6ATE I�CV 95-111-58E� �7/�9/95 2251 . IVf-tkCCJTICS DRLlGS GOR 95-111-65� V]7/30/9:; Q�017 ASSIST CALLS ADV 95-111-678 07/31/95 0104 DOHS kCV 95-115-77f 618/05/95 0z27 DISi'URB CALLS. GOA 95-119-491 08/11/95 Q�0Q�5 U7tiER AS5AULT ADV 95-1�0-S+Z+S 08/13l95 k147�D4' ASSIST CALLS ADV i�Zt/ ST. �t'RIJL FUI.SCE SIN6LE INCIDENl TkACKIN6 SYSTEM DRDt� - PUBLEC , HIST�RY OF 1556 UNSVEK�ITY RV W 2f6c500 SECTOR: 1 6R I D: 1 �ZiS �D4/01/95 - iQV �JISJ CIV DfiTE TIh1E IIVCIDElVI DISP Fl�'T 9:;-1;�4-838 td8/14/9,`.i 0139 DRUNi{ ADV 9J�S:l�D��J9 P&/�6/95 �li�. �DQC kCV 9:i-134-379 �9/Q�if95 2355 DQBS flDV 95-1 ,1�F��YJJ �9/��/95 �i.s4 DOPS, ADV 95-13�t-S;_;;s Qi9t0:?f9s �t�3�D4 r' ' RDV yu-1.?,5-149 �9/0:�/95 �033 D�MESTIC5 A13V �S sZ+9f+Z+9/9S Q1�+D2 FRRUD I�2CV 95-14�-629 09/iS/95 cl;�� D�RS ADV 95-14`-£�74 �9l1�f9:� �2,?,S DRS ftCV 95-142-b9,`.i �9/15/9.F.� ��58 �'IGHTS ADV `35-142-b;�7 �9116.19:� 01��D TRfiFFIC UTOL ftCV 95-147-09Q� �9/c^3/95 . �155 TNVESTIGATE RCV 9J 1�/�8/9,�.� Q1i57� DOBb' . DTX 9H-#61-�44 i0/12/95 �bOE THEFi' RC:V 9�-iS9-3�1 ik�114/95 0�00 THEFT RCV 95-160-531 1�/17/9.r, 0947 iRUAhtGY ttCV 10/a5/95 ST. GAU� F'OLICE SINGLE INCIDEiWT I"RflC1iI1VG G!Rlift - PUE�LIC HISTGFtY UF 1.�.,5E UNIVERSITY pV W �0�50�b SECT�h';; 1 �RID: 1�5 �4/�1/95 - 1�J25/9� CN DA"fE TIM� INCII}ENT 95-163-617 1�l2?./95 �02� flS5IS7 FIRE: Al+i$ 95-1E�3-817 10/2a/95 1151 ' DRUNK (,1AllR campleted finding 66 reCOrds SYSTLhf DISP RGT DTX DTX 9�-a�y� 1.`�:2�:28 i�:�:�n.��t� / � ��J �.,; j � � �� ST. PAUL POLCE DEPARTMENT ` CONTiNUA7fON Of: ❑ ORIGINAL REPORT ❑ SUPPLEMENTA - --- - - --- - - /D - /�' - Fl� � �,,�Fv f� ,��. < < �f� o/J � .. . . � . .. . � . � ' - _..' y� ' � _. 183��N�,ARAm _. , r_. .t. ._ , . Arrest umber - La,t Name Fust Mitldie Adtlress DOB Age Sex Race .1— �'7v�`� !�{�. �lho fGG j�%e� �' D 4` /� e G T� ._.�� ti �v`u��- . t� � �Us9�-��- /� � j��' y . /!i� � �d !i` ]� O� �- �.� - �.�i ��l / �v . <z_ j �f s�� ti�� w5 Du��1i��.- �d�U ��t9�v� ��;�..:/ �`� ��ep',fo� �� l� �� "��'`':T � , ��o./..�� f `� � �/.r� � `� �v.�� -� �� o�= �� /�0�1. �� j�is� 1� f o� G��✓,� ,�ay z �� /�o,/,/�:��-� GI�Gd�� i�� e; � G�f o w �J.e v',�ow f �� ifJ�,� G� 7�-�1 /Ua li Ol�`c w e�-e_ � ��r-�f, P� �- � � �� 2 � f� �� ve y�, C�-G � �.L e-� �� ^ �_ f�f ��e o /� Gt . f `� C wr ��- ��l �--� �-�- iUe, y G� �ar�f' . � �� -j� �� y �v�t //��--c� �" 7 `�.,.� �� y`� .`u� T��. c�✓r�-�-- O {�`�f �t� C`'v e��-� � � � .S/�iu� �i- %�� T�l � ,z -�i- �d �#� ,c`�ffT C�� LE p-za-7y �� i� � Z � � � O , � O ,�! loY� a�I I�J\ ► I 4 Rob ❑ Jw ❑ Coord ❑ �D ❑ Lab �neC ❑ Teem ❑ Seu ❑ Rptr ❑ Odier Theft � Ptup ❑ CAU ❑ F&F � Auto t] DAO ❑ CA ❑ HumServ � Type PM 622-93R /��°� ��f / 9� �� `�_ STATEMENT BY AREA RESIDENTS WHO OWN OR LEASE HOMES OR BUSINESSES WITHIN 300 FEET OF 1275 UNIVERSITY AVENUE WEST, ST PAUL, MINNESOTA, THE SITE OF CAFE KARAOKE DO THANH, OPERATED BY PROPRIET08S DON NGUYEN AND DUONG PHAN: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet of) Cafe Karaoke Do Thanh, located at'1275 University Avenue West, in St Paul, Minnesota do not object to Cafe Karaol:e Do Thanh's presence in this vicinity. We understand that Cafe Karaoke will offer only non-alcoholic beverages, primarily varieties of coffee and tea, for purchase and consumption inside the cafe and will also offer karaoke entertainment� (ie, sound and video recordings scripted for sing- along participation) to its patrons. We understand that Cafe Karaoke Do Thanh is not licensed to sell alcoholic beverages and.does not pian to sell alcoholic beverages now or in the future. 4 We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing place for people to meet after work over a cup of coffee or tea (available in varied blends) and enjoy entertainraent that evokes o1d Vietnamese customs and traditions, NAME �� ,�_�— � !' ,a.... . .. ... r. ► 11 . ADDRESS /Z��s�P�Qi �2.✓E �� Sy; ��$UL, �✓/,.�/ .Sd / rrz� 12-�5 s4�,�.r�,,,rn� ��e `J'�.��.J �, M n/ �S ( c� 4� tZ7� �/��c��.tl� a�� s-t, l?��,�..C. :!/1�I/(� Ss ro 4 {Page i �of � pages) ��x- �� -�y� STATEMENT BY AREA RESIDENTS WHO OWN OR LEASE HOMES OR BUSINESSES WITHIN 300 FEET OF 1275 UNIVERSSTY AVENUE WEST, ST PAUL, MII�INESOTA, THE SITE OF CAFE KARAOKE DO THANA, OPERATED BY PROPRIETORS DON NGUYEN AND DU'ONG PHAN: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet ofJ Cafe Karaoke Do Thanh, located at 1275 University Avenue West, in St Paul, Minnesota do not object to Cafe Karaoke Do Thanh's presence in this vicinity. We understand that Cafe Karaoke will offer only non-alcoholic beverages, primarily varieties of cofPee and tea, for purchase and consumption inside the cafe and will also offer karaoke entertainment (ie, sound and video recordings scripted for sing- along participation) to its patrons. We understand that Cafe Karaoke Do Thanh is not licensed to se11 alcoholic beverages and does not plan to sell alcoholic beverages now or in the future. � We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing place for people to meet after work over a cup of coffee or tea (available in varied blends) and enjoy entertainment that evokes old Vietnamese customs and traditions. �.. a��i�I//�./1� �� -�� ,i <i_. �"_ _. __,._e.. , . ��-� ��.:z ADDRESS �j��„ ��'LGC� ,��. r7 � ��d� �,� � ��i � 3 T� ��'C,�n.�/u�n-y/7 �9�-- �� ' %� � uV t�Q„�G-� D �,�— c-��C____ � � S�o�s 1' sia-1 �. iv - �i. � �� ST�2� /� o D �,✓i•✓<�f/T ` vr (Page � of � pages) �'�� ` � <`�� 9�-��r STATEMENT BY AREA RESIDENTS WHO OWN OR LEASE HOMES OR BUSINESSES WITHIN 300 FEET OF 1275 UNIVERSITY AVENUE k°EST, ST PAUL, MINNESOTA, THE SITE OF CAFE KARAOKE DO THANH, OPERATED BY PROPftIETORS DON NGUYEN AND DUONG PHAN: we, the undersigned persons who reside or operate businesses near (within appro�:imately 300 feet of} Cafe Karaoke Do Thanh, located at 1275 University Avenue West, in St Paul, Minnesota do not object to Cafe Raraoke Do Thanh's presence in this �-icinity. k�e understand that Cafe Karaoke will offer onit- non-alcoholic beverages, primarily varieties of coffee and tea, for purchase and consumption inside the cafe and c:i11 also offer karaoke entertainment (ie, sound and video recordings scripted for sing- along participation) to its patrons: toe understand that Cafe Iiaraoke Do Thanh is not licensed to sell alcoholic beverages and does not plan to sell alcoholic becera�es now or in the future. We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, xelcoming and relaxing place £or people to meet after work over a cup o£ coffee or tea (available in varied blends) and enjoy entertainment that evokes old Vietnamese customs and traditions. I3AME ADDRESS �� "'�'��"�/ A ��'�� O S�.�c_�� G� ` �� V /.� 7�- �i��u�� ,�e.� � �'�'�- �u..8 � _ ,- G' f�nt�J � ( �j� IS- � .k�a, I v77 �'� `^�5 �-- - _ 5712-� c�� 1 � � °,"� Syn»j ��+� � Y (Page � of � pages) <,'�.�- �� CG� 5�-� y � � �� STATEMENT BY AREA RESIDENTS WHO OWN OR LEASE HOMES OR BUSINESSES WTTHIN 300 FEET OF 1275 UNIVERSITY AVENTJE WEST, SP PAtJL, MINNESOTA, THE SITE OF CAFE KARAOKE DO THANH, OPERATED BY PROPRIETORS DON NGUYEN AND DUONG PHAN: We, the undersigned persons who reside or operate businesses near (within approximately 300 feet oP) Cafe Karaoke Do Thanh, located at 1275 t3niversity Avenue West, in St Paul, Minnesota do not object to Cafe Karaoke Do Thanh's presence in this vicinity. We understand that Cafe Karaoke will offer only non-alcoholic beverages, primarily varieties of coffee and tea, for purchase and consumption inside the cafe and will also offer karaoke entertainment (ie, sound and video recordings scripted for sing- along participation) to its patrons._ We understand that Cafe Karaoke Do Thanh is not licensed to sell alcoholic beverages and does not plan ta sell alcoholic beverages now or in the future. We further understand that the proprietors of Cafe Do Thanh intend for their cafe to provide a safe, welcoming and relaxing place for people to meet after work over a cup of coffee or tea (available in varied blends) and enjoy entertainment that evokes old Vietnamese customs and traditions. NAME ��'�� L��r� �� ADDRESS \Z.C..� 5�.._�--bv� St'.i�c� � i^�tn- �5 �Uy : _I�.�.�. i 1 �� II � � • � �� ,,.. �� ►` � i ,�� E5 r�� ,�. ��-�� v�; G-rr�l3 �Rtto G� r3 L� o erc (s y,J��_ st��,e�un� ) Pi��s t'D ��rT-._. (Page � of � pages) ��X �� D� • � � � .�i�� q� �yi PEP.TI�ION il'Avin LIST � �" o ti � ��° �� -�� In fevori:� to licaence Cabaret �ntertain�ent permit for CafA Rsraake vo Thsnt•. at 1275 IIniversiby Ave. Td St. Paul� .-"� j7104 9 !0 - a.`�'� "�,. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 March 4, 1996 RECE�VFC MAR - 5 1996 C}TY GLERi� Fred Owusu City Cler 170 City Ha11 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: License Application of Cafe Karaoke; OAH Docket No. 62-2101-10309-3 Dear Mr. Owusu: Enclosed is the transcript from the hearing which was held on January 18, 1956 in the above-referenced matter. The transcript was recently ordered by the attorney for the applicant, and this original should be made a part of the record which we returned to you on February 14. Sincerely, sh Enc. �� t� tI �,' � SANDRAA. HAVEN Administrator of Office Services Telephone:612/341-7642 Providing Impartial Hearings for Govemment and Citizens An Equal Oppo Empl oyer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 9�-a�t �" 1 2 3 4 5 6 7 8 9 10 ii 12 ,��, 13 14 15 16 17 18 19 20 21 22 23 24 � -.t 1 ,�\ 2 5 OAH #62-2101-10309-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL ---------------------------------------------------- In the Matter of the License Application of the Cafe Karaoke, Do Thanh ---------------------------------------------------- The above-entitled matter came on for hearing before Administrative Law Judge, Richard A. Mosman, acting as Hearing Officer for the City of St. Paul, on January 18, 1996, at the St. Paul City Hall Annex, St. Paul, Minnesota. * * * APPEARANCES PHILLIP R. MILLER, ESQ., Office of the City Attorney, 400 City Hall, 15 West Rellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the City of St. Paul. JAMES C. EASTERLY, ESQ., 1466 Hartford Avenue, St. Paul, MN 55116, and co-counsel, DAVID FEINWACHS, ESQ., 2227 University Avenue, St. Paul, MN 55114, appeared on behalf of the Applicant, Auong Dai Phan. *The original transcript is in the possession of the Office of Administrative Hearing.* AAA REPORTING (612) 469-6766 9�-a�i � 1 2 3 4 5 6 7 8 9 10 11 12 I 13 D E X EXAMINATION QF RRISTINA SCHWEINLER MR. MILLER (DIRECT) ..................... (REDIRECT) ................... (FURTHER REDIRECT) ........... MR. EASTERLY (CROSS) .................... (RECROSS) .................. EXAMINATION OF BROORE SCHAUB MR. MILLER (DIRECT) ..................... (REDIRECT) ................... (FURTHER REDIRECT) ...... 116 MR. FEINWACHS (CROSS) ................... (RECROSS) ................. (FURTHER RECROSS) .... 117 EXAMINATION OF WAYNE WALLACE MR. MILLER (DIRECT) ..................... (REDIRECT) ................... (FURTHER REDIRECT) ........... MR. EASTERLY (CROSS) .................... (RECROSS) .................. 2 PAGE 17 54 65 43 56 67 100 117 83 102 118 & 0 120 181 185 167 182 • 13 14 15 16 17 18 19 20 21 22 23 24 � 25 EXAMINATION OF JEANNE HINES MR. EASTERLY (DIRECT) ................... (REDIRECT) ................. (FURTHER REDIRECT) ......... MR. MILLER (CROSS) ...................... (RECROSS) .................... 190 200 203 197 201 EXAMINATION OF TIMM GILKISON MR. EASTERLY (DIRECT) ................... 205 (REDIRECT) ................. 229 MR. MILLER (CROSS) ...................... 224 (RECROSS) .................... 230 EXAMINATION OF DUONG DAI PHAN MR. EASTERLY (DIRECT) ................... 241 (REDIRECT) ................. 276 MR. MILLER (CROSS) ...................... 264 (RECROSS) .................... 285 AAA REPORTING (612) 469-6766 9b-ay! i � �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 WHEREUPON, the following proceedings were duly had on the 18th day of January, 1996: -- THE COURT: Good morning. My name is Richard Mosman, and I'm the administrative law judge assigned to by the Office of Administrative Hearings to hear the matter today of the City of St. Paul and the license application of the Cafe Raraoke Do Thanh. This is Office of Administrative Hearings Number 62-2101-10309-3, and the parties are present. I'm goinq to ask counsel to please identify themselves for the record. Mr. Miller? MR. MILLER: Phillip Miller, Assistant St. Paul City Attorney on behalf of the Office of Licensing, Inspections and Environmental Protection. THE COURT: Mr. Easterly? MR. EASTERLY: James Easterly, attorney for Mr. Duong Dai Phan, the applicant for the license in this matter, and in company with me today is Mr. David Feinwachs, co-counsel. THE COURT: All right. Gentlemen, are we ready to proceed? MR. MILLER: Yes. THE COURT: Ail right. We wi11 AAA REPORTING (612) 469-6766 9�-a.y� C� � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 conduct this matter in accordance with the Rules of Civil Procedure but actually as instituted by the Administrative Procedures Act, and that allows for opening statements if you wish to make them. Mr. Miller has the burden of proof, and he has the opportunity to go first if he wishes to do so at this time. Mr. Miller? MR. MILLER: Yes. Thank you. Your Honor, can I stand? THE COURT: Sure. MR. MILLER: If it please the court and counsel, we're here today for an administrative hearing based upon the recommendation of the Office of Licensing to deny the application by Mr. Duong Phan and Mr. Don Nguyen. They submitted an application for a cabaret license on May 18th of 1995. Sust in the way of a little bit of background on this matter, at one point in time an agreement had been reached where we agreed to have a hearing in front of the city council based upon a stipulation that had been reached. We first went in front of the council on November lst of '95. The matter at that time was laid over for two weeks so that Mr. Easterly could be present. Mr. Phan AAA REPORTING (612) 469-6766 9� a.y/ � 1 2 3 4 5 6 7 8 9 1� 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 � 25 5 was present at the November lst council hearing. On November 15th when we went back in £ront o£ the council the stipulation kind o£ fe11 apart, and the city council referred this matter over £or an administrative hearing. Again, based upon information that was gained during an investigation by the St. Paul Police Department -- and that was based in large part upon information gained from the Los Angeles County Sheriff's Office, which we have a member who wi11 be testifying today -- the Office of Licensing of the city has determined that it would be in the best interest of the citizens of the City of St. Paul to deny the application, to open a karaoke cafe which Mr. Phan and Mr. Nguyen in the original application intended to have a company name Cafe Karaoke Do Thanh. The basis £or the recommendation from the city stems from several incidents which occurred in California as well as some incidents which occurred here in the City of St. Paul. I expect that evidence will come before the court today that Mr. Phan had operated a karaoke cafe in Rosemead, California, between the dates of July 1990, and then there's some discrepancy as to when he got out AAA REPORTING (612) 469-6766 9�-a �1 , 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 � 25 6 of the business, but I anticipate the evidence will probably be that that ended sometime in May of 1993 although the original application talks about it, his being involved with a cafe in Rosemead by the name of Thien Nga until December of '93. There were several incidents where the Los Angeles County Sheriff's Department had been called to the Thien Nga. I'll go into those in detail when the witness testifies, but most significant is the fact that although Mr. Phan was involved in this business and it was up and running and it was a licensable establishment, Mr. Phan did not obtain an entertainment license until March of '92. Mr. Nguyen, who is the second applicant, is presently operating a karaoke cafe also in Rosemead, California, known as the Binh Minh. That's B-I-N-H M-I-N-H. He began operating that establishment in May of '93 and is sti].1 operating it to date; however, I expect that testimony will come forth that, again, although that is a licensable establishment, that no entertainment license has yet been obtained and that they have, in fact, also been cited for operating without a license and that there were several incidents of alleged criminal activity that took place there at AAA REPORTING (612) 469-6766 9� a�/ � 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 � 25 � both of those establishments, the Thien Nga and the Binh Minh, places which were under the control of the applicants, but, in fact, they showed a very marked lack of control over that establishment -- or those establishments. That is all buttressed by the fact of what has happened here in St. Paul, that they did in fact file an application with the City of St. Paul in May of '95, they began operating in July of '95 before the license for -- the cabaret license was issued, that they had very similar type of problems here as they had in California, again, showing a lack of control over the clientele, all of which the city alleges goes to the detriment of the health, safety, and welfare of the citizens of St. Paul. It is for the actions that took place in California at both establishments as well as what has hagpened here in the City of St. Paul, which we believe will show the court the continuing course of conduct by the applicants which would be detrime.ntal to the issuance of the license, and that is the basis for our recommendation that the court make a recommendation to the council for denial of the license. AAA REPORTING (612) 469-6766 9� a5�/ ! 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 • 25 Thank you. THE COURT: Thank you. Mr. Easterly, do you wish to make an opening statement at this time or delay? MR. EASTERLY: Sure. Thank you, your Honor. I will make a brief statement to orient the judge and those present to how we � perceive the facts. First, I'd like to state a quick background of the events leading up to this hearing. On April 10, 1995, St. Paul Board of Zoning Appeals approved the request of Duong Dai Phan and his associate at that time, Don Nguyen, to open a karaoke cafe, so the business planned -- the business, in fact, that was proposed was approved by the proper legislated authority for the City of St. Paul and that the site was approved -- the site plan was approved, and the purpose of the business was approved, and that a variance was granted from the former use of retail business to a cafe operation with the expressed interest of the applicant in providing entertainment at that cafe also. On May 17th the petitioners duly submitted their class III license application to the city's Office o£ License Inspection and Environmental AAA REPORTING (612) 469-6766 ��-�.y� ! 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 � 25 Protection and on May 19 received what they believed to be the written authorization to � commence business beginning July l, 1995, as it was annotated on the face of the application when it was submitted by the applicant. And later on a perceived for payment of the application fee the Minnesota Department of Revenue in coordination with the City of St. Paul also notified the applicants in May that quarterly city and state sales and use taxes would be due and payable per the proposed plan effective July 1, 1995. Again, that was the date that was annotated on the application as the time at which the applicants could be expected to begin business. Now petitioners have -- the applicants have already paid to the city several terms of taxes in the amount of $1700. Acting upon the notices the applicants entered into a five-year lease. Mr. Irvin T. Margolis is the owner of the property, the lessor, and began monthly rental payments in the amount of $2,000 a month, and those payments were to be effective per the plan on 1 July, 1995. In fact, the petitioners were delayed in opening the business because the remodeling was not yet complete, and it was, in fact, opened on July 7th, AAA REPORTING (612) 469-6766 9� ay� . 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 ! 25 1995, £ollowing substantial expenditures for �a improvements in the property. On August 15 the St. Paul 0£fice o£ License and Inspections sent a letter to petitioners advising them that they were, quote, "not authorized to conduct a cabaret, restaurant, or cigarette sales or any other licensable activity at the a£ore-mentioned location." This is available as an exhibit and can be produced later. And then on the following day, August 16, 1995, representatives of the license office met with the applicants and at that time acknowledged granting restaurant and cigarette licenses, but said that there should be no entertainment -- quote, "no entertainment, no music until it was approved by the city council." An exhibit will be produced later to confirm that. And they confirmed this verbal reassurance to the applicants on the following day, a letter dated August 17th, 1995, advising the petitioners from the city license office, "The Office o£ License Inspections, and Environmental Protection has approved your cigarette and restaurant licenses. At this time you are authorized to conduct cigarette and food sales in accordance with the license applications. AAA REPORTING (612) 469-6766 9� a,y/ � 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 � 25 �� However, the ca£e license has not yet been approved by the St. Paul City Council," I'll just quote. On August 30, 1995, the city license office sent yet another letter to petitioners advising them, "A hearing on your application for a cigarette restaurant-C and cabaret-class A license identification number" -- "application number 17719 at the location of 1275 University Avenue West will be held before the St. Paul City Council on September 27th." After receiving this August 30 letter the applicants became perplexed and bewildered because, as I said, they had just been assured in a personal meeting with representatives of the licensing office on August 16th and confirmed by letter that they, in fact, were licensed to conduct a cafe and cigarette sales, and now they were told that they would have to appear before the council for approval of all licenses, cafe, cigarette, and the entertainment cabaret license. So on September 27th I accompanied the applicants who had just retained me shortly before that point to attend the city council hearing on that day, and we were informed when we arrived that the matter had been deleted from the agenda and AAA REPORTING (612) 469-6766 9� a.� � � 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 . 21 22 23 24 � 25 postponed. Mr. Bob Ressler at the license office 12 appeared to inform us at that time that we would not be able to proceed with the council hearing on the 27th. And on September 29th the St. Paul City Attorney sent the appiicants a letter advising them that adverse action may be taken against them based upon allegations that they enclosed in the letter and concluded by offering the applicants the choice of an evidentiary hearing before an AOJ or an appearance before the council without contesting evidence produced to substantiate the city recommendation of denial. On October 6 and October 10 the applicants replied through counsel to the city attorneys' office including a joint statement by the applicants that they were willing to waive the evidentiary hearing and go be£ore the city council and accept allegations against them to the extent that those allegations are founded upon accurate and veri£iable and relevant police reports. On October the 18th the license director -- the St. Paul License Director advised me by teZephone that he could not schedule the above-referenced hearing for the city council until he received in writing the applicants election to AAA REPORTZNG (612) 469-6766 96-a.� � � 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 . 25 13 waive the evidentiary hearing and proceed with the hearing before the city council on the basis o£ the available evidence, and so I responded as counsel to the director of inspections the same day advising them that we did wish to proceed with the council hearing and dispense with the A0,7 hearing. So then on October the 18th I faxed and mailed notice for -- or the city attorney faxed and mailed me notice of a council hearing per our request -- per applicants' request along with a statement of the violations that they had determined had occurred which would justify denial of the license. So it's really the applicant's desire that the court will scrutinize all the evidence presented in this matter. The applicant has no criminal record. Criminal record would bar the applicant from being granted the license under the terms of the city code. And the applicant is doing his leveled best to comply with all of the code requirements and get on with his business in facing substantial debt and accumulating obligations in the meantime while his business is kept closed. And I perceive the issue here to be two-fold. One, is such a business authorized under the laws AAA REPORTING (612) 469-6766 9� a,� � , 1 2 3 4 5 6 7 8 9 10 11 12 # 13 14 15 lb 17 18 19 20 21 22 23 24 � 25 14 of the state and the ordinance of the city here in Minnesota? And it is clearly evident from my study of the code such a business is authorized, and several such businesses providing karaoke entertainment are already in operation in the city. But the point has been made in this matter, so I don�t believe that is an issue, whether or not this business is permitted to exist within the City of St. Paul. So I'll proceed to what I believe is the next issue, whether the applicant is entitled to a license to operate such a business. And the evidence presented so far through the license office by mainly the investigation minutes of the police department suggest that the applicant should not be entitled to operate this business because he has an association with Vietnamese gangs based upon his former residence in California where it is known and purportedly established in the rsports which the city has presented that Vietnamese gang members pose a threat to the public safety and pukalic order which can be expected to occur if this restaurant is open here in St. Paul. So we simply have a situation of karaoke entertainment being readily approved at various AAA REPORTING (612) 469-6766 y�-�.�� • 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 � 25 15 venues, locations throughout the Twin Cities except in the instance of this Vietnamese applicant. We have a lone karaoke operation on Rice and Larpenteur; an African-American karaoke operation, and the street for the applicant at 1183 University Avenue; and basically a well-established karaoke operation that serves it's mainly Caucasian clients in the Midway Shopping Center known as the Midway Bowl among others. So it's the position that -- of the applicant that there is no other conclusion to be drawn here except that the city does not approve of Vietnamese operation of karaoke cafes, because we wi11 show that this applicant is well qualified or better qualified than any applicant that the city can expect to have apply for such a license. And the applicant also wishes to emphasize that he is currently the sole operator of this restaurant. The city is maintaining the original application which included the name of his associate should be the basis for the hearing; however, the associate withdrew, and I have both a statement of the former associate and an affidavit of his full withdrawal of all interest from that business. And it's clear also from the application itself that only the applicant here befare you, Mr. AAA REPORTING (612) 469-6766 9�-a.y! • � • 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 Duong Dai Phan, signed any of the applications, registration with the state, additions ta the zoning board, and appears for a11 intents and purposes to be the only operator at this point with any interest in the business. So with that, your Aonor, we can proceed as you wish with the introduction of evidence. THE COURT: Okay. Thank you. Mr. Mi11er, your first witness. MR. MILLER: Mr. Kris Schweinler, your Honor. RRISTINA SCHWEINLEft, having been first sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows: THE COURT: Please be seated. Can you state your full name spelling your last name? THE WITNESS: It's Rristina Schweinler, K-R-I-S-T-Z-N-A. Schweinler is S-C-H-W-E-I-N-L-E-R. MR. MILLER: Your Honor, perhaps before I actually get going I will provide both yourself and counsel with copies of the pertinent ordinances that will -- THE COURT: Are you introducing AAA REPORTING (612) 469-6766 9� �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these as exhibits? MR. MILLER: Your Honor, I'm just providing them as complementary copies. THE COURT: I'll include these as court exhibits then, and I'll mark them A and B. DIRECT EXAMINATION BY MR. MILLER: Q. Ms. Schweinler, will you please tell us what your duties are? A. I'm the senior license inspector £or the Office of License Inspection and Environmental Protection. My duties are inspection of all business licenses within the St. Paul area and compliance checks with those business licenses and the enforcement of the ordinances regarding those licenses. Q. How long have you been doing this? A. Fifteen years. Q. So you're familiar then with licensing procedures; is that correct? A. Yes, I am. Q. Do part of your duties include making recommendations of approval or denial of Iicense applications? A. Yes, they do. �� • AAA REPORTING (612) 469-6766 9� ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �$ Q. And what as a general rule do you base those recommendations upon? A. They -- a variety of things. Whether or not the applicant is capable of handling that type of business; whether or not the zoning requirements, health requirements have been fulfilled ar could be fulfilled; background checks on the individuals; and basic welfare and safety of the neighborhood. Q. Do you received outside assistance on conducting investigations? A. Yes, we do. Q. From whom? A. The St. Paul Police Department and particularly a special investigatian unit. Q. As part of a license holder's holding a license, are they expected to maintain control over their establishment and their clientele? A. Yes, they are. Q. Could you tell the court, are you familiar to some degree with the file for the applicants Duong Phan and Don Nguyen who do business as the Cafe Karaoke Do Thanh? A. Yes, I am. Q. And how are you familiar with this file? AAA REPORTING (612) 464-6766 9�-��t � � 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 + 25 A. It came to my attention early in the summer that they'd made application. We received complaints from the Information Complaint Office and police reports from the St. Paul Police Department about activities there. � Q. What type of complaints had you received from the mayor's complaint office? A. We received neighborhood complaints regarding the large number of youth in the neighborhood at very late hours, in between 1 and 2 in the morning; possible gun shots; a lot of noise passing through private property; urinating in the yards. Q. Showing you what's been marked for identification purposes as City's Exhibit 1, would you please describe to the court what this is? A. This is a computer printout of our records within the license division. It looks like a license screen that gives you the name, address, the type of licenses applied for, and a background on information taken. It's considered the manager's screen. Q. So this does contain pertinent information with respect to the application o£ the applicants of Don Luan Nguyen and Duong Dai Phan? AAA REPORTING (612} 469-6766 9� -a.� ! � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, it does. Q. Would you please inform the court what the license I.D. number is of the application? A. The license I.D. number is 17719. 4• And that's contained on Exhibit 1; is that correct? A. Yes. Q. Would you please describe to the court the types of licenses that were applied for by the applicants? A. Sure. The license applied for was a cabaret-class A license, which is a license that would allow entertainment in a non-alcoholic establishment; they applied for a restaurant limited license, which allows for food and beverages to be served as long as they're a prepackaged non-hazardous food; and a cigarette license, which allows the applicant to sell cigarettes either from a machine or over the counter. Q. No cooking then? No kitchen? A. The only type of cooking would be like a hot plate or a microwave where they could warm up be it prepackaged sandwiches and pizzas, and then provide hot drinks. ao � i AAA REPORTING (612) 469-6766 9�-a.y� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MILLER: Okay. I'm going to offer Exhibit 1, your Honor. TAE COURT: Any objections? MR. EASTERLY: No, your Honor. z� � � That's fine. THE COURT: Have you seen it? MR. EASTERLY: Yes, I have a copy. Thank you. THE COURT: All right. It'll be received. BY MR. MILLER: Q. Ms. Schweinler, showing you what's now been marked for identification purposes as City Exhibit 2, could you please tell the court what that is? A. It's a letter that we had sent to the applicant regarding his license application advising him that he was not authorized to conduct a cabaret restaurant or cigarette sales or any licensable activity yet. Q. Actually maybe I ought to backtrack just a moment and talk about the original application. MR. MILLER: I want to mark this. Sorry for getting out of order, your Honor. BY MR. MILLER: AAA REPORTING (612) 469-6766 9� -ay� � �J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 Q. Showing you what's now been marked for identification purposes as City Exhibit 5, would you please just page through that and describe, if you will, for the court what that consists of? A. This is the application for the cabaret, restaurant, and cigarette license, the cite plan. There's a receipt here saying that we had received it and the amounts of monies charged or tax I.D.s and lease agreements. Q. So this is the first application? A. This is the initial application. Q. Dated? A. Let's see. 5-19-95. And the license period -- license period was from 7-1-95 to 3-31-96, so it was prorated. Q. What do you mean "prorated"? A. It means we didn't charge them the full fees. We charged them a partial fee so that the license would expire on 3-31-96, which is basically the time that all cigarette licenses expire in St. Paul. Q. Would you please inform the court of the names of the applicants on that application? A. Applicant one would be Don -- I have a tough time with these names -- Nguyen and Duong Dai AAA REPORTING (612) 469-6766 9� ay� • • u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 Phan, and they're listed as partners and owners together. Q. Turning to the back page -- turning to Page 2 or to the back of Page 2-- yeah, the backside of Page 2 -- A. Uh-huh. Q. -- where it talks about business employment, please describe for the court the dates applicant two, who is Mr. Phan, informed your department he was involved with the Cafe Raraoke Thien Nga. A. The dates that are on the application are July of '90 to December of '93. Q. And are the months indicated by numeral or are they spelled? A. They're spelled out -- or they're abbreviated, but . . . Q. Abbreviated, but spelled out? A. Right. Q. Turning to the next page, would you please tell the court what that is? A. This is a computer-generated receipt for an application for the cigarette, restaurant, and cabaret license. It is also a declaration of workers' compensation insurance that we have them AAA REPORTING (612) 469-6766 9� ayi � u � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sign. Q. Does this in any way inform them that they now have a-- have been granted a license? A. No. In fact, it states that "Your license to do business will be mailed upon receipt of required approvals." Q. On that page about a quarter of the way down on the right-hand side there's "date of application"; is that correct? A. Yes. Q. Okay. And the date of application was? A. 5-19-95. Q. The line immediately below that talks about the license being effective. A. Right. Q. And please tell the court what those dates were. A. The license would be effective 7-1-95 to 3-31-96. Q. Okay. And that's -- A. Actually, that's not -- it's probably worded wrong. It's the dates that they were charged for, the fees became effective from 7-1-95 to 3-31-96. Q. So what do you mean it was worded wrong? 24 AAA REPORTING (612) 469-6766 9� -ay1 • � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 A. It says, "License effective from 7-1-95." It's only e£fective if the city council approves it prior to that date. Q. Okay. And that would be corroborated by the mention that you made down below -- A. Right. Q. -- about your license to do business? A. Right. The fees charged were from 7-1-95 to 3-31-96. Q. Okay. THE COURT: What's the amount of money paid? THE WITNESS: The amount of money total was $291. BY MR. MILLER: Q. And that was for the three various licenses that they were -- A. Those were prorated £ees for those three licenses. Q. And going through the rest of the materials, are these types of things that are required by the licensing department? A. Yes, they are. They are supporting documentation for a class III application. THE COURT: Would that be also to AAA REPORTING (612) 469-6766 ��-a�� C� \J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 describe as a business plan of sorts. THE WITNESS: More of a business layout. It includes things like their state tax I.D. number, which is required and we're mandated to collect; a cite plan so that we know how the building is laid out; a lease agreement so that we know they have permission to be there. BY MR. MILLER: Q. The page after the receipt for license application, this is what? A. This is a state mandated requirement that the City of St. Paul is required to collect tax I.D. numbers. It's a sales and withholding tax I.D. number from the state of Minnesota, and it's their form that we fill out and send to them. Q. Does -- THE COURT: Excuse me, Counsel, before we go any further we've been doing a lot of testi£ying from this exhibit. Why don't you offer it before we go any further here. MR. MILLER: The state would offer Exhibit 5 at this time, your Honor. THE COURT: Mr. Easterly, do you have any objections to Exhibit 5? MR. EASTERLY: No, your Honor. AAA REPORTING (612) 469-6766 9� ay� �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2� THE COURT: Okay. It will be received. I'm sorry to interrupt, but ... MR. EASTERLY: I'd like to ask, if I may, to identify once again the number of this August 15 letter. 2 didn't catch the number of that exhibit. MR. MILLER: That's not been offered as yet. MR. EASTERLY: 3ust identified for reference? Thank you. BY MR. MILLER: Q. Does -- the Minnesota Tax I.D., does that page anywhere give permission for the applicant to begin operation of his licensed establishment? A. No, it does not. Q. Who has the authority to give the applicants permission to begin operation? A. For a class III license a city council approval is required. For a class I it would be administratively approved. THE COURT: I'm sorry. Could you say that again, please? THE WITNESS: For a class III license, which the cabaret is a class III license, the city council is the only one authorized to AAA REPORTING (612) 469-6766 9�o -ayi �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z8 approve those licenses. For a class I, which would be your cigarette and your restaurant, they're administratively approved, so our office would give approval for those. THE COURT: So this applicant had applied for both? THE WITNESS: Yes. They applied for both, but they're listed under one I.D. number. THE COURT: Under one tax I.D. number? THE WITNESS: One tax I.D. number and one file -- city file I.D. number. THE COURT: Is there a part of Exhibit 5, the application or the receipt or any of those documents, that specifically addresses the -- other than what counsel has already pointed out, specifically addresses the difference between these two classes of license that are issued for which they applied and the level of authority necessary to operate them? THE WITNESS: No, I don't believe that's covered in the application at all. That's normally covered through conversations or the ordinance itself is usually part of the application. AAA REPORTING (612) 469-6766 9!0 -oZ`/� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Are there handouts -- any informational handouts that -- THE WITNESS: There are. We normally hand out the ordinance that they're applying for. If it would have been a cabaret, they would have gotten a copy of the cabaret license ordinance. THE COURT: And is that the ordinances here that are included as Court Exhibit A and Court Exhibit B? THE WITNESS: Yes. THE COURT: Why don't you take a look at these and tell me which one of these exhibits addresses the two-level license. TAE WITNESS: I believe that's covered in Chapter 310 on the legislative code for the class III, THE COURT: Is -- okay. And that's in Exhibit A. And -- oh, I see. And class I is also. All right. Thank you. BY MR. MILLER: Q. Ms. Schweinler, do you testify that the ordinance requirements are normally covered in the course of conversation with the applicant? A. Normally we do a personal review when 29 AAA REPORTING (612) 469-6766 9to a.v� . � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 they come into the office to make application. The clerical is very familiar with the fact that a class III needs to be approved by council, and they normally tell persons that you can't begin operation until you receive notice from the city council or approval £rom the city council. And we have a£acilitator within the office that will sit down and go over the requirements and the ordinances for the process of a class III license. THE COURT: Was language communication a problem in this application? THE WITNESS: I don't believe so. BY MR. MILLER: Q. During the course of conversations can you tell the court what is the normal procedure? If someone has a question regarding the license what's normally done? A. If someone has a question? Q. Right. A. Normally we try to sit down with that person and go through step by step what the process is and answer any of their questions at that time. If it becomes evident that they -- they're not understanding at all we will try and schedule separate meetings and, you know, make it very clear AAA REPORTING (612) 469-6766 -9� ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 to them, you know, what the process is or what the problems are. Q. Do people ever call you over the phone with questions about what's going on with their application? A. Oh, yes. Q. Is that common? A. Very common. Q. Did you ever become aware of the fact that the applicants were operating their business before a license was approved? A. Yes, I did. Q. How did you become aware of that? A. I believe it was a police report. THE COURT: If the class -- did the office take action on the class I application separate from the class III application? THE WITNESS: No, because they're -- well, they're included in one application, so the class III becomes the major application and the rest of them are supporting licenses. They just -- they're just -- they're add-on licenses. THE COURT: Right. They're add-on, but the -- I guess the question is going to come down to if he was operating without a license, he AAA REPORTING (612) 469-6766 9�-a�� . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 was operating without a class III license or was he operating without either license? THE WITNESS: I believe in the beginninq he was operating without any of the licenses. After inspection from our health department he was told that the class I licenses were okay to operate. We have to send in health inspectors to inspect and make sure the facility is okay, and then he'll give his approval. The only thing that we can approve administratively is the class I licenses. TAE COURT: So did your office approve the class I licenses? TAE WITNESS: I believe that at one point we did say that it was okay to operate the restaurant and the cigarettes. THE COURT: But that was after the health inspection? THE WITNESS: That was after the health inspection. THE COURT: Do you have -- are you going to get to that? MR. MILLER: Yes. THE COUR`P: Okay. I'm sorry. I don`t want to stick my nose too far into your AAA REPORTING (612) 469-6766 9�-aY� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 case. BY MR. MILLER: Q. Are you aware of the approximate dates that you had -- from the police department or £rom the police reports in which activity was going on at the Cafe Raraoke? A. I'm not aware of them right now. I think it was warm. Q. Showing you what's been marked for identification purposes as Exhibit 2-- A. This is a letter informing the applicant that we have received the application and that we're processing it, but they were not authorized to conduct any activity at this time. THE COURT: The date? TAE WITNESS: That's August 15th of '95. BY MR. MILLER: Q. And that's addressed to whom? A. Don Nguyen and Duong Phan. Q. And that letter was signed by whom? A. Signed by Rristine Rozek, Deputy Dizector. 4• A. And you`re familiar with her? Yes, I am. AAA REPORTING (612) 469-6766 91� -�.�1 ` J �� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 Q. And do you work with her? A. Yes, I do. Q. At any time did you have a conversation with Mr. Phan or Mr. Nguyen about this letter? A. I believe I hand delivered this letter to him also. THE COURT: To whom? TAE WITNESS: To -- I believe it was Don Nguyen. BY MR. MILLER: Q. Is that the person at the table or was that a dif£erent person? A. The person at the table. THE COURT: I belieVe that'S Mr. Phan. TAE WITNESS: Okay. MR. MILLER: We would o£fer Exhibit 2, your Honor. THE COURT: Objections? MR. EASTERLY: No objections, your Honor. THE COURT: Received. BY MR. MILLER: Q. Are you aware of a meeting which took place on August 16th, 1995? AAA REPORTING (612) 469-6766 9�-a �►� � ►� J M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That was the meeting with the northwest team and Mr. Easterly and the licensed applicant, yes. Q. How about if I-- I'll show you what's been marked for identification purposes as City Exhibit 3. Would you please identify that for the court? A. This is a letter saying that we'd approved the restaurant and cigarette license at this time and that they could go ahead and sell food and beveragess and cigarettes, but that the cabaret license had not yet been approved and that they were not authorized to operate any entertainment at that time. Q. From this letter do you have an opinion as to whether or not -- or does that refresh your memory as to whether or not the activity which had been taking place at the establishment was before or after August 15? A. It would have been before. Q. And this Exhibit 3 is the letter that authorizes their cigarette and limited restaurant? A. Yes. MR. MILLER: I'll offer Exhibit 3, your Honor. 35 AAA REPORTING (612) 469-6766 94-ay� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Objections? MR. EASTERLY: No, your Honor. We 36 � . have no objections. THE COURT: Received. BY MR. MILLER: Q. Showing you what's been marked for identification purposes as City Exhibit 4, would you please identi£y that for the court? A. This is a letter informing the applicants that a hearing was scheduled for the review of their license by the city council for September 27th of '95. Q. Was that the first time this matter was set in front of the council, do you recall? A. I believe so. THE COURT: What was the date -- I'm sorry -- of the hearing? THE WITNESS: The first date of the hearing would have been September 27th of '95. The letter is dated August 30th. MR. MILLER: If you would, I'd offer Exhibit 4, your Honor. THE COURT: Objections? MR. EASTERLY: No, your Honor. THE COURT: Received. AAA REPORTING (612) 469-6766 9� a y� C J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MILLER: Thank you. 37 � i BY MR. MILLER: Q. If you would, for the record, please read that into the record? THE COURT: You don't need to read it into the record. I can read it. BY MR. MILLER: Q. Okay. I would just ask -- THE COURT: Do you have a specific point? MR. MILLER: Yes, I do, your Honor. THE COURT: Go ahead. BY MR. MILLER: Q. With respect to the second paragraph let me ask you generally, does the licensing department have any control over specifically what the city council hears or doesn't hear? A. Basically, no. We try to schedule them well in advance so that we know they'l1 appear on an agenda, but we don't do the agendas and we don't actually do the scheduling. We just suggest that it appear on this date. Q. And did this letter basically inform the applicants that that's the situation? A. Yes. We always have a clause in there AAA REPORTING (b12) 469-6766 9� ��t • � r� L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 that says it may change and that you're to call. Q. Mr. Schweinler, I'm showing you what's been marked for identification purposes as City Exhibit 6. Would you please inform the court what that is? A. It, again, is another license application for a cabaret and restaurant license, I.D. number 12971 at 1275 University Avenue. Q. Is that the same address as what's indicated on the initial application? A. Yes, it is. Q. And the initial application is contained in Exhibit 5? A. Yes. THE COURT: Same licenses? THE WITNESS: Cabaret and restaurant. BY MR. MILLER: Q. And what -- when is this dated? A. 11-16-95. It was received in our office November 27th of '95. Q. Did your office take any action with respect to this application? A. I don't recall. THE COURT: Are the parties the AAA REPORTING (612) 469-6766 9to �Y� � � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 same? THE WITNESS 39 No. There's only one party on this one. THE COURT: Who? THE WITNESS: Duong Phan. BY MR. MILLER: Q. Ms. Schweinler, are you aware o£ whether or not this application was submitted before or after the Form A letter was sent out? A. I believe this was submitted after the Form A letter was sent out. THE COURT: The Form A letter is which exhibit? BY MR. MILLER: Q. I'm showing you what's been marked for identification as Exhibit 7. Would you please inform the court what that is? A. This is the Form A letter that is sent out by our city attorneys informing an applicant that there is possibly adverse action for their license and giving them the opportunity to have a hearing be£ore the administrative law judge or the city council. And that's dated September 29th of '95. Q. Ms. Schweinler, are you familiar with an AAA REPORTING (612) 469-6766 9� • i � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 ordinance that talks about the propriety of another application being submitted when one is pending? A. Yes, I am. Q. To any great degree or not? A. Well, not when it's not in front of ine. Q. Okay. MR. MILLER: I would offer Exhibit 6, your Honor, and Exhibit 7. THE COURT: Objections? MR. EASTERLY: No, your Honor. THE COURT: Okay. Proceed. BY MR. MILLER: Q. Are you aware that the Form A letter with respect to -- with respect to Exhibit 7 that the Form A letter is generated after information is received from the licensing department or from information that's received from the licensing department? A. Yes. Q. And the fact that there is a Form A letter, does that give you any indication as to whether or not the licensing department intended to recommend acceptance or denial of the application? A. The Form A letter would indicate to me that we were recommending denial of the AAA REPORTING (612) 469-6766 9� -�� u � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 application. Q. And are you aware of the reasons £or the recommendation of denial? A. The applicant's history in California became very clear that he wasn't able to manage the business there and that it appeared that he would have the same problems here. g. Why do you say he would have the same type of problems here? A. Just from the information that we had received from the neighborhood and the police department it appeared that the problems would probably be very similar. Q. Is there a reason the licensing department is recommending denial versus having conditions? A. We didn't feel that he would be able to uphold those conditions i£ we did place restrictive conditions on him. It was evident that it had been tried in California also and that he wasn't able to do it there either. Also, just the indications from some of the officers saying that it's a young crowd that would be hard to manage. Q. Are you aware of the types of problems the applicants had while in St. Paul? AAA REPORTING (612) 469-6766 9� a�� r� L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 A. Yes, I am. Q. And what types of problems? A. It wasn't so much the applicant itself, but the community surrounding them. Again, it was a lot of young people in the neighborhoods affecting the neighborhoods by being there late, trespassing on private property. Just complaints that we had received £rom both the community itself and anonymous. Q. Do you recall whether or not there were any problems associated with gangs or gang activity at the -- A. There was police reports written that indicated that that was a problem. Q. Are you aware of anybody in the licensing department at any time granting the applicants permission to operate under any of the licenses before the letter which was issued on August 17th? A. No. Q. Do you have any recollection or any knowledge whether or not either Mr. Nguyen or Mr. Phan called with questions with respect -- A. I'm not aware of any time that they called. Q. Again, the letter which was dated August AAA REPORTING (612) 469-67b6 9� � C � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 17th which is Exhibit 3, do you recall whether or not you had -- you had said you had delivered the August 15th letter by hand; is that correct? A. That's correct. That evening O££icer -- Sergeant Ness from the SIU unit and myself delivered that letter. Q. That was the August 15th letter? A. Yes. Q. Do you recall hand delivering the August 17th letter? A. No. That was sent. MR. MILLER: Okay. I have nothing further at this time, your Honor. THE COURT: Cross? MR. EASTERLY: Yes, your Honor. Thank you. CROSS-EXAMINATION BY MR. EASTERLY: Q. Now, Ms. Schweinler, I'd like to refer again to Exhibit 5, if you would refer to that, please. A. (Witness complies.) Q. And could you tell me what is annotated in pen on the cover of the application, please? A. It says, "License effective date 7-1-95. AAA REPORTING (612) 469-6�66 9�-�yl . � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 License expiration date 3-31-96," and it indicates that it's prorated for nine months. Q. Thank you. And would you turn to the next page please and go to the end of the application and please tell me how many signatures you see on the application or whose signature is on the application? A. I'm not sure whose signature is on that. I can't read the writing, but there's just one signature. Q. Then would you also turn to the next page which is the receipt for the fee paid for the application and read aloud £or us again what is under -- what follows after "date of application"? A. "The license effective dates are from 7-1-95 to 3-31-96." Q. All right. And you just testified that you thought that may have been a mistake? A. No. The license -- it says "effective date." The license -- it should be license fee dates are from 7-1-95 to 3-31-96. Q. Thank you. You also testified that normally, I think you stated, the license office reviews the city code requirements for a class III license with the applicant. Can you state whether AAA REPORTING (612) 469-6766 9�-a�! � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 or not the license office reviewed the code requirements £or these applicants? A. No, I don't know that. They would have had to have come in and made a special appointment with either myself or Mr. Guenther. Q. Okay. And -- A. They usually told that. Q. And could you refer to City Exhibit Number 3, which I believe is a letter from the city dated August 17, 1995, and simply read the second paragraph. I think that would be sufficient, unless the judge would prefer that you read all of the paragraphs in context. MR. EASTERLY: Your Honor, do you have that letter? THE COURT: No, that's okay. Okay. Go ahead. A. Okay. "The office of license inspection and environmental protection has approved your cigarette and restaurant license. At this time you are authorized to conduct cigarette and food sales in accordance with the license application." BY MR. EASTERLY: Q. Thank you. And would you refer to Exhibit 6-- City Exhibit 6, please, which is -- AAA REPORTING (612) 469-6766 9�-aYt � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EASTERLY: Do you have that handy, your Honor? THE COURT: I should have it. BY MR. EASTERLY: Q. And please read for me the first line that follows and is underlined that follows, "Please type or print in ink." Could you read that line that follows "Please type or print in ink"? � � C� A. It's something not a part of our application, so it's something that the licensee must have.typed on amendment to license application 17719. Q. Did -- okay. Would you repeat the first word again? A. Amendment. Q. Amendment to license application. Thank you. TAE COURT: And that's not part o£ the normal -- normal form? THE WITNESS: No, no. And it indicates by the I.D. number that it's a separate application. THE COURT: So this is a different number than the original application? AAA REPORTING (612) 469-6766 9� �y� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Right. 47 � � BY MR. EASTERLY: Q. But would you identify the original -- the original file number, I believe, was scratched out. I have a copy of the original application which I could offer into evidence, but -- THE COURT: Now is this an accurate copy? MR. EASTERLY: Yes, your Honor. It`s just -- it's barely legible. BY MR. EASTERLY: Q. What -- can you read which file number -- THE COURT: Well, the original would have been with the office, right? MR. EASTERLY: No. The oriqinal, your Honor, was returned to the applicant, and he had that in his possession. TAE COURT: Oh. Well, this is a good enough copy. BY MR. MILLER: Q. All right. I just wanted to ask you if you had noted at the top right-hand corner that the original file number was crossed out and a second file number was entered; is that correct? A. Something was crossed out. I can't AAA REPORTING (612) 469-6766 J�-ay/ �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 testify as to what it was. Q. I can discern -- correct me if I'm wrong. It was 17719, the file number, and in its place another number was substituted, 12977, before the original was returned to the applicant by mail. In fact, by way of the city attorney I believe it was returned; is that correct? A. i don't know. Q. You stated -- in your response to city attorney's question why you believe the application was denied, I noted that you stated it was because the applicant had problems in California. Do you happen to know if the applicant's California license was revoked? A. No, I don't. Q. You also stated that there -- one reason was also that there were problems in the neighborhood, and then you added police reports of problems in the neighborhood. Do you happen to know if the city has produced any copies of such police reports of complaints from the neighborhood? A. The complaints from the neighborhood came through the mayor's information complaint office. Q. There's no written copy provided from this hearing I don't believe. AAA REPORTING (612) 469-6766 96 a.yi � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 A. I don`t know. MR. EASTERLY: I have no further questions, but I would like to allow co-counsel to follow, your Honor, if I may with a couple questions. THE COURT: Well, we do not -- let's go off the record for a second. (Whereupon, a discussion was held off the record.) TAE COURT: While we were off the record we addressed the procedural matters, and Mr. -- and respondent Mr. Easterly's request to have his co-counsel participate in the cross -- in the additional cross-examination of this witness. Mr. Miller, do you have a position in regard to that proposal? MR. MILLER: I do, your Honor. In fact, I would object to it at this time, your Honor. It does not follow with the Rules of Procedure. THE COURT: I'm going to sustain that objection as to this witness based upon the fact that -- and procedurally through the course oP the rest of this hearing. I don't care which of your co-counsel wishes to do the examination or AAA REPORTING (612) 469-6766 9�-a�fl �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 cross, but only one counsel will be permitted to do whatever witness is going to be proceeded. If there are questions that your co-counsel wishes to proceed, Mr. Easterly, I would be happy to have you continue your cross-examination at this time. MR. EASTERLY: Thank you, your Honor. I noted that the city also has two counsel seated, so I thought I would defer also to their wishes, how they want to proceed with both counsel. THE COURT: Well, the city has one counsel. Mr. Pangborn (phonetic) is not a city attorney. MR. EASTERLY: All right. Your Honor, if I may confer for a moment with co-counsel. THE COURT: You may. Do you want me to go off the record? MR. EASTERLY: Yes, your Honor. (Whereupon, a discussion was held off the record.) THE COURT: Proceed, Mr. Easterly. MR. EASTERLY: Thank you. BY MR. EASTERLY: Q. One final question, Ms. Schweinler. AAA REPORTING (612) 469-6766 9� ��f! � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 Referring again to Exhibit Number 5, I believe it's the third page of that exhibit which is the receipt £or the license £ee. I want to follow up with you -- with your statement that you believe that the line that states, "license effective from 07-1-95 to o3-31-95" was poorly worded. Could you say that? A. These are computer-generated receipts. It's just a form, so it -- the license effective date -- the paid dates are from 7-1-95 to 3-31-96. It indicates the dates that the licenses are paid for. Q. Would you think it would be, in your opinion, unthinkable or even deceitful for someone to lie upon that as an effective date for a license? A. There is a disclaimer at the bottom of that receipt that says, "YOUr license to do business will be mailed upon receipt of required approvals. If you have any questions call." Q. Now in this case was there ever any information mailed to the applicant? A. No. Because the license had never been processed completely. Q. Then it is customary in operation of the AAA REPORTING (612) 469-6766 9��y� � � C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 licensing office not to inform or not to reply to the license applicant after he has paid his fee to tell him the status of the license? A. I'm not £ollowing your question. I'm sorry. Q. I believe you said that the license applicant was never notified in this case because a class III license was not approved? A. I believe he received sufficient notice from the city attorney's office and our office that he was not authorized to operate. MR. EASTERLY: Thank you. One moment, Counsel, before I -- (Whereupon, a discussion was held off the record.) BY MR. EASTERLY: Q. I would like to point out that it seems reasonable to interpret this bottom line, which you referred to as stating that "YOUr license to do business will be mailed upon receipt of the required approvals" is not a disclaimer. It simply states that a copy -- it could be interpreted as stating that a copy of your license will be received in due course? A. No. AAA REPORTING (612) 469-6766 9b-ay� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MILLER: I'll object to this, your Honor. It's not a question. Counsel is testifying, so I'd object as to the form of the question if there is one. THE COURT: I'l1 sustain the objection. If you can perhaps rephrase that and make sure it's a question that this witness can 53 � � answer. MR. EASTERLY: Well, thank you, your Honor. And since this witness may be the only witness representing the license office, am I able to question on the interpretation of this form? BY MR. EASTERLY: Q. I wanted to ask if you believe that it would be a reasonable interpretation of this line -- that the license wi11 be mailed could be interpreted to be simply a statement that a copy of the license which has been approved will be received -- mailed in due course? A. No. MR. MILLER: Objection, calls for speculation. THE COURT: She can answer. A. In the first place we would never mail a copy. You receive a license to operate once all of AAA REPORTING (612) 469-6766 g� ayJ • 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the approvals have been obtained. MR. EASTERLY: That's fine. I have no further questions, your Aonor. Thank you. THE COURT: Mr. Miller, redirect? MR. MILLER: Yes. REDIRECT EXAMINATION 54 � � BY MR. MILLER: Q. Ms. Schweinler, were you done with your answer? A. Yes. Q. If I may refer to Court Exhibit A. I'm directing your attention to Court Exhibit A specifically the St. Paul City Ordinance Section 310.05 (H). Would you please see if that would refresh your recollection as to the propriety of submitting an amended application after another agplication -- or after the initial application Form A letter has been sent out? A. Yes. It spells it out very clearly. Q. Having refreshed your recollection, would you please inform the court about the propriety of submitting an amended application or attempting to withdraw the initial application? A. Basically it tells us that we cannot -- that the applicant -- if the attempted withdrawal AAA REPORTING (612) 469-6766 9�o • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or surrender took place after the applicant or licensee had been notified of a hearing, we can't look at it. 55 � � THE COURT: You can't accept the amended -- THE WITNESS: The discretion would be here. THE COURT: That you're not allowed to or that you have discretion to? THE WITNESS: We have the discretion. Actually the council has the discretion. BY MR. MILLER: Q. And the Form A letter that was mailed out on September 29th that is Exhibit 7, I believe you testified previously that informs the applicants that there may be adverse action taken against their application? A. That's correct. Q. And are you aware of whether or not the city council directed this matter to the administrative 1aw judge a£ter -- actually before the amended application was submitted? A. Yes, they did. MR. MILLER: I have nothing further, AAA REPORTING (612) 469-6766 9lv-d �J/ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your Honor. 56 � � THE COURT: Any recross-examination? MR. EASTERLY: Yes, your Honor. Thank you. RECROSS-EXAMINATION BY MR. EASTERLY: Q. Now that paragraph is crucial -- the interpretation of that paraqraph which we were just addressing your Honor, City Code Section 310.05 Subparagraph H, Ms. Schweinler, will you read the first sentence of that paragraph, please? A. "Discretion to hear not withstanding. Withdraw or surrender of application or license council -- the council may at its discretion." Q. So then -- would you continue then for the next line also? That may be helpful. A. "Conduct a hearing or direct that a hearing be held regarding revocation or denial of the license." Do you want me to continue? Q. Yes, please. A. "Not withstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or application if the attempted withdraw or surrender took place after AAA REPORTING (612) 469-6766 96�ayi � • l J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 the applicant or licensee had been notified of the hearing and potential adverse action." Q. Now was the license -- any license ever withdrawn, surrendered, or attempted to be withdrawn or surrendered in this case? A. No. But i£ you'll see up above it that it says "conduct a hearing or direct that a hearing be conducted," and the city council had directed us -- or had directed this to an administrative law judge. Q. If -- again, that's conditional upon the first sentence requirements that -- if you would restate again, isn't it correct that the first line is "discretion to hear not withstanding withdrawal or surrender of a license"? That qives a council discretion to hear; is that correct? A. I guess I'm not following what -- MR. MILI,ER: Your Aonor, I'd also object to the line of questioning at this time. The witness is not a lawyer and this actually is more of a legal issue as opposed to a factual issue. THE COURT: Well, I tend to agree, and I think I'm going to sustain the objection. You'l1 have to rely upon me to go through the facts AAA REPORTING (612) 469-6766 9�a�/ � � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 to the law in this case, but you've made your point. I understand your point so -- MR. EASTERLY: Thank you. THE COURT: -- if you can proceed. MR. EASTERLY: Thank you, your Honor. I have no further questions. MR. MILLER: I have no further questions of this witness. THE COURT: I have a couple. 5o do I understand it that the of£ice received the original application back in May and received the -- what was attempted to be called an amended application in November? It's not a violation of any rule to try to amend your original application? That's not a violation of anythinq; is that right? TAE WITNESS: No. THE COURT: And did you -- have you reviewed these two applications and know what the difference is? THE WITNESS: Just here today I have. THE COURT: What's the difference between these two applications? THE WITNESS: This one only has one AAA REPORTING (612) 469-6766 9� a�! • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 individual (witness indicates) and this one has two. 59 � �� L THE COURT: One applicant to two applicants? THE WITNESS: THE COURT: Right. And then that's basically it? THE WITNESS: Yeah. I just kind of briefed through it. I haven't really -- THE COURT: Otherwise it's the same location? THE WITNESS: THE COURT: THE WITNESS: THE COURT: Same location. Same licenses? Same licenses. Did you want to review it any more? THE WITNESS: NO. THE COURT: So what -- they're just trying to eliminate one of the applicants; is that correct? THE WITNESS: I believe that that was what they were trying to do. THE COURT: Okay. What was the -- you said you had two sources of information regarding this application. One was the police AAA REPORTING (612) 469-6766 9� ay� � 1 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 department and one was the information and -- THE WITNESS: Complaint office. THE COURT: What is that? THE WITNESS: It's the mayor's information and complaint of£ice. It's a separate office that is part of the city clerk's office where they basically process complaints of all types whether it be nuisance or license or snow removal. They receive the complaints and then disperse them to the appropriate departments to handle them. «.� u � THE COIIRT: In this case have you reviewed the file that your office has on this application? THE WI`PNESS: Briefly. THE COURT: Are you aware -- what form do these complaints take when you get them from that office? How -- do you get letters or do you get -- THE WITNESS: They're computer-generated forms that the information complaint office enters into the computer, and then they're printed out in our office. THE COURT: Do you -- are you aware of the individual source of whatever complaint is AAA REPORTING (612) 469-6766 9t� � • LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 processed to you? THE WITNESS: Yes, we were. THE COURT: I mean, there's a name attached that somebody would -- THE WITNESS: If someone left a name; otherwise it would be anonymous. THE COURT: In this case can you tell us -- I mean, the number of complaints that your office received from the mayor's office or the -- if they were anonymous or not anonymous? THE WITNESS: Right offhand I can't, your Honor. THE COURT: Can you give us an idea of what -- you gave us the idea of the subject matter. Was that pretty consistent, the complaints on the subject matter, I mean, if it was juveniles or young adults that were congregating and basically making a nuisance of themselves in the vicinity of this? THE WITNESS: Right offhand the only one that really comes to my mind is the one complaint I received early in the summer. It was just some of the residents on I believe it was Sherburne that were complaining about late night hours and youth at -- where they believe were AAA REPORTING (612) 469-6766 9�-�yi � , J � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 coming from the Cafe Raraoke on University Avenue that were milling around in the neighborhood and loud tire screeching and that kind of thing. THE COURT: Uh-huh. Do you know what -- how many complaints your office received in the connection with this application roughly, if you know, or not? THE WITNESS: I can't give you an exact figure. I know that we received phone calls also that -- you know, that aren't documented, but the information complaint office is our only documented source of complaints other than the police department. THE COURT: And 1et�s talk about the police department. How many -- did you get actual police reports of incidents in connection with your consideration of this application or was it something less than that? THE WITNESS: I think they were information reports. THE COURT: I mean, I don't want to get ahead in your case, Counsel. I just want to know for this -- because she's got the unique perspective of her office, and I'm just -- you know, let me ask you this question: Did your AAA REPORTING (612) 469-6766 9� a�r ❑ � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 office make a recommendation to the council or to somebody about approving or disapproving this application. THE WIT23E55: I believe our office did make a recommendation -- was prepared to make a recommendation to council, but I don't know that we got that £ar because of the testimony that came in from the applicant's attorney. I think that the council kind of cut things off and then referred it to the administrative law judge. THE COURT: Okay. So the police reports that you got, were they of specific incidents or were they more general? THE WITNESS: They were more general, more information as to what was going on. THE COURT: Okay. Did your office have specific reports that it considered -- documented reports that they considered? THE WITNESS: Yes. THE COURT: Can you give me an idea of roughly the number? TAE WITNESS: I think there was two or three. THE COURT: Okay. Does your o£fice have a policy in regards to applications when there AAA REPORTII3G (612) 469-6766 9�-a y� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 za 23 24 25 is adverse information that is provided and consideration for a decision being made on recommending approval or disapproval? Does your of£ice have a policy regarding contacting the applicant and allowing the applicant to submit any information on their own? THE WITNESS: That's always -- our office has always been very open to the fact that, you know, you can submit whatever you want to in explanation, but we -- our investigation is conducted through the channels of the police department. � � CJ � THE COURT: But was this -- do you know whether or not this applicant was given an opportunity to submit any information in connection with that investiqation prior to if there were any recommendations being made by the office? THE WITNESS: I don't know if we had or not. I deferred it to the city. THE COURT: Do you know whether or not your office received any information directly from the applicant? THE WITNE5S: No, I don't believe we did other than his application. THE COURT: And the information you AAA REPORTING (612) 469-6766 9/�-a�t � • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 received in connection with the operation o£ that karaoke cafe in California, how was it that you received that? Was that through California or was that through the police department here in St. Paul? THE WITNESS: police department here. THE COURT: gotten that? THE WITNESS: THE COURT: It was through the And they had somehow Right. All right I have no 65 further questions. Mr. Miller any follow-up? MR. MILLER: Yes. FURTHER REDIRECT EXAMINATION BY MR. MILLER: Q. With respect to Exhibit 6, which is called the amended application, if you would take a look at that please, about halfway down it gives the date of birth and place of birth. Would you please inform the court what Mr. Phan is? A. His date of birth being 5-8-52 and Da Nang, Vietnam, as the place of birth. MR. MILLER: I have nothing further. AAA REPORTING (612) 469-6766 9� -a y/ � • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions THE COi3RT: Okay. Mr. Easterly? MR. EASTERLY: No further TAE COURT: Okay. Thank you, Ms. Thank you. .. Schweinler. Mr. Miller, let's look at the time and decide -- make some decisions on scheduling here. Do you have an idea of what your next witness -- how long your next witness might take? I'm not saying that we have to leave here strictly at 12, but I suggest you give it some some thought. MR. MILLER: I'm trying to decide how long it might take for Sergeant Schaub to testify. THE COURT: Let's go off the record just a second. (Whereupon, a discussion was held off the record.) BROOKE SCHAUB, having been first sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows: THE COURT: Please have a seat and state your full name. TAE WITNESS: Brooke T. Schaub, AAA REPORTING (612) 469-6766 9� ay� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S-C-H-A-U-B. 67 . � DIRECT EXAMINATION BY MR. MILLER: Q. Would you please in£orm the court o£ your position? A. I'm a sergeant with the special investigations unit of the St. Paul Police Department. Q. How long have you held that position? A. I've been a sergeant since 1984 and employed since 1979 with the police department. Q. How long have you been with SIU? A. About a year, sir. Q. What are your duties with SIU? A. SIU, special investigations is primarily an intelligence, organized crime, and vice unit with the St. Paul Police, so there's a variety of things we do. Q. Do part of your duties encompass doing investigations for other city departments? A. On occasion. Yes, sir. Q. Specifically do you -- have you conducted or done some investigation with regard to the Ca£e Karaoke Do Thanh? A. Yes, sir. AAA REPORTING (612) 469-6766 9� aYi � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 Q. And what were your duties with respect to that investigation? A. I was requested by licensing to make some inquiries in California concerning an application for a cabaret license. Q. And we'l1 follow up with that. What type of things did you do with respect to that investigation? A. I reviewed the application including the names of some previous businesses in California of a similar nature. I contacted the local law enforcement agency that had jurisdiction in that area and made inquiries as to arrests of the applicants and the business history of the properties that they had specifically, I believe, in Rosemead, California. Q. Were you aware and did you obtain any police reports of things that had happened at 1275 University, the Cafe Karaoke? A. There were -- and I apologize. I was just called in, so I haven't had a chance to review my files. As I recall, there were a couple of reports generated, I know one I believe by Officer Gilkison, but I haven`t had a chance to review them yet. AAA REPORTING (612) 469-6766 9� C� � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 Q. When was the last time you reviewed the report by Officer Gilkison, if you did? A. Probably a couple months ago when I submitted the whole file to Lieutenant Briggs. Q. And who is Lieutenant Briggs? A. He's the lieutenant in charge of special investigations unit. Q. Without referring to your file, do you have any recollection of the nature of Officer Gilkison's report? A. Just in general, as I recall it had something to do with some threats. I believe there was also information received concerning some Minneapolis Asian gang members that were involved. I don't recall if that was specifically from the report or having contact with Officer Gilkison. Q. Okay. Sergeant Schaub, did you prepare for Lieutenant Briggs a summary of your investigation? A. Yes, sir. Q. Sergeant Schaub, showing you what's being marked -- or is marked for identification purposes as City Exhibit 8, would you please inform the court what that is? A. Yes, sir. It's an interoffice AAA REPORTING (612) 469-6766 9�-ay1 � � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �o communication between myself and Lieutenant Gary Briggs dated August 14th, 1995, containing a summary of the information that I obtained while investigating this. Q. Would reviewing this refresh your recollection as to some of the information you had learned? A. Yes, sir. Q. And have you refreshed your recollection, sir? A. Yes, sir. Q. In the course of your investigation were you able to obtain information from the Los Angeles County Sheriff's Department? A. Yes, sir. Q. And the information you received, were you -- did you, in fact, prepare a summary of police calls to the two separate karaoke cafes in California? A. Yes, sir. Q. And is that contained in Exhibit 8? A. Yes, sir. Q. I see on Page 2 of Exhibit 8 you have a summary of police calls to the Binh Minh, and would you please inform the court what the various -- AAA REPORTING (612) 469-6766 g� �,yl � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �� what that type of information conveys, what it is? A. The information I obtained was £rom computer-generated files of Los Angeles County Sheriff's Office, which basically would give the time and date of the occurrence; a brief, sometimes only a couple word description of the type of incident; and basically how many squad cars were dispatched to the incident. The summary of police calls to the Binh Minh were those that were taken from the information I received on the computer-generated calls. Basically I limited it to 1993, '94, and '95. Q. Is there a reason why you limited the information from the Binh Minh to those dates? A. Because that would have been the most recent information. It would have given us some idea if there is a pattern developing. TAE COURT: Was this information you could have gotten on line or did somebody at the L.A. Police Department send it to you? THE WITNESS: Somebody at the L.A. Police Department sent it to me, L.A. Sheriff's Office. THE COURT: Is Rosemead a suburb of L.A.? AAA REPORTING (612) 469-6766 9to a.y� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2� 21 22 23 24 25 �z THE WITNESS: It's my understanding it's in L.A. County in the Temple division of the L.A. County Sheriff's Office. I'm not that familiar with Los Angeles, so I don't know the relationship to L.A. proper. TAE COURT: Okay. BY MR. MILLER: Q. On the -- if you'd refer to the last two pages of the exhibit, Sergeant, would you please inform the court of what those are? A. There's the remaining -- the first top of the page has some remaining calls from the cafe we talked about. There's also a summary of calls to the -- on Page 4 to the La Rose Cafe for primarily 1993. Q. And why did you obtain '93? A. As I recall, there was a fire at that cafe and Z think there's some question on whether it ever reopened as a karaoke and if so under the same owners, so I stayed within the time period that would have been identified by the applicants on their application. Q. So the fact that you obtained information from Los Angeles County Sheriff's Department for those dates is also a reflection then of the dates AAA REPORTING (612) 469-6766 9�-ayi � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 indicated by the applicants o£ their involvement with those cafes; is that correct? A. Yes, sir. THE COURT: Which applicant had a connection with La Rose Cafe? Do you have that? THE WITNESS: I would have to look at the application from the licensing division. THE COURT: How about this one? THE WITNESS: It looks like, according to this, Cafe Karaoke Binh Minh was associated with Don Zuan -- I'm sorry -- Nguyen. I apologize for the pronunciation. The karaoke music center in St. Paul is part of an entertainment employment thing listed on the application as long as the Cafe Karaoke Thien Nga, which was also in Rosemead California. That was associated with a Duong Dai Phan. THE COURT: What about the La Rose one? Is that -- THE WITNESS: The La Rose was basically the current -- the name of it. THE COURT: The name of which one? THE WITNESS: And I apologize. Let me -- if you give me a moment. The -- what happened is the Thien Nga changed ownership and was AAA REPORTING (612) 469-6766 9!�-�y/ � � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 named the La Rose in February of 1993. TAE COURT: All right. Proceed. BY MR. MILLER: Q. Are you aware of whether or not the Binh Minh and the Thien Nga/LaRosa's, whether or not they served alcoholic beverages? A. I'm not aware of that, no. Q. Are you aware of whether or not there was intent for the applicants to serve alcoholic beverages at the Cafe Karaoke Do Thanh in St. Paul? A. I'm not aware of any request for an application for liquor license, no. Q. Sergeant, does anything about the number of incidents or number of calls to the establishments raise any concerns for you? A. Yes. Many. Q. And what is that? A. The frequency of the calls, for one. The amount of resources that are needed for one private business usually -- and that's the thing that glares out at you, are the number of calls for a particular business. In looking at the summary concerning the type of activity, it's very much in the paperwork received from California. It was gang activity, fights, people drinking and AAA REPORTING (612) 469-6�66 9� ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 disturbing to the point where the officers had to make £requent and regular premise checks and go out of service even when they weren't called to the business, which is highly unusual. THE COURT: I'm sorry. Say that again. THE WITNESS: Well, the officers had to make frequent premises checks, I noticed when I looked over it. Usually you do not make -- at commercial businesses the officers don't just stop by to have a look around unless it's -- there's been a pattern of problems there, and it's basically good police practice to make a presence in a particular area either for intelligence reasons or to let them know that the police are present to maybe try and quell some calls for incidents or offenses at least among the people that are in there. They get to know their police officers there. THE COURT: Just because of visibility? THE WITNESS: Just visibility. BY MR. MILLER: Q. Would you then say the same looking at the summary of calls to the La Rose? Does that AAA REPORTING (612) 469-6766 9�-a�i • � \J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 raise similar types of concerns? A. Yes, sir. Q. Now do you have any independent knowledge other than the information you received £rom the Los Angeles County Sheriff's Department about the Cafe Binh Minh or the Thien Nga/La Rose? A. No. Q. Is it common in your experience to rely -- in your experience to rely upon information from outside agencies in conducting investigations? A. Yes. Q. Is that real common or -- A. Yes. If that's where the investigation leads to, yes. Q. Do you have any -- you did testify, in fact, that your information was that the La Rose changed hands sometime in February of '93 from the Thien Nga to the La Rose? A. I believe it may have been December of '93. Give me a second. According to my summary, Duong Phan is listed associated with the business from July '90 until December of '93. That was taken o£f the application. It changed owners in February of '93. THE COURT: FebruaTy? AAA REPORTING (612) 469-6766 9�oz�Yl � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Yes, sir. �� BY MR. MILLER: Q. Sergeant, is it common for the St. Paul Police Department to work with license holders at various establishments? A. Yes, sir. Q. And what is the nature of working cvzth them? A. Usually once a pattern of problem develops more at the line level or the team level, uniform level, they try and identify what the problem is, whether it's associated with the business or the other area, general proximic, or try and pinpoint the problem and then take corrective action. MR. MILLER: I offer Exhibit 8, your Honor. THE COURT: Have you reviewed this, Mr. Easterly? Do you have objections? MR. EASTERLY: No objections, your 1: • � • THE COURT: Received. BY MR. MILLER: Q. Sergeant, showing you what's been marked for identification purposes as City Exhibit 9, AAA REPORTING (612) 469-6766 9�-ay� • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �8 would you please inform the court what that is? A. It's a St. Paul Police general report dated 7-13-95 under case number 95101450 on an info to homicide is the title o£ the of£ense written by Officer Gilkison. Q. And you're familzar with O£ficer Gilkison? A. Yes. Q. And he worked for the St. Paul Police Department? A. Yes. Q. Would you review that, if you would, and refresh your recollection as to the nature of the incidents surrounding this report? A. Okay, sir. Q. So your recollection is refreshed. Would you please inform the court of the nature of this report? A. Officer Gilkison apparently had been employed off duty to work at the Cafe Raraoke at 1275 University Avenue. He mentions in his report that these type -- or this type of business. Ae gives little backgrounds on hundreds of them in California. He talks about how these type of businesses draw in crowds of all kinds including AAA REPORTING (612) 469-6766 9��ay� C� � w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 Asian males or Asian criminals. He was in the establishment when apparently two opposing groups -- Q. Excuse me, Sergeant. When is the time line, the date that you're referring to? A. I'm looking on Saturday. He wrote this report on 7-13 on Saturday night is all it says on the report. Members of the Minneapolis boys gang came to it. He mentions several people who were present at the club, although there was a uniformed officer -- apparently Officer Gilkison was there. An informant told him that trouble was about to start. He called for squads to assist and escorted one of the families to their cars. Shortly thereafter the Minneapolis boys left. He then mentions the following day on Sunday 20 members of the Minneapolis boys game came to it, to the Karaoke Cafe, when no police officer was present, and they brought three to four handguns into the establishment. This Officer Gilkison received from an informant. Apparently the owners talked to them and they left the business establishment. This led to the owners saying that they'd received information from -- that some Minneapolis boys are stating that they wanted to AAA REPORTING (612) 469-6766 9�o-�y/ � � s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $o shoot Timm and kill Timm to end their problem with the police. It's inconclusive on who exactly made the threat, and then there are members of the gang documented by name and date of birth. Q. Sergeant, turning to Page 3 of that report, is there an indication to you when this information was shared with Officer Gilkison? A. On Monday evening, 7-10 of '95. Q. My math isn't always so good, but counting back then it's Saturday, July 8th? Would it be July 8th? A. Sure. Q. No argument with that? A. I'll go with you on that. Q. Are you aware of any information that came to the police department's attention prior to this regarding the handguns which were apparently in the establishment on Sunday, July 9th? A. I'm not aware of it, no. Q. Are you aware that Officer Gilkison submitted a supplemental report in connection with this CN? A. I know he submitted a supplemental report. I haven't compared it with the CN. MR. MILLER: Your Honor, if I AAA REPORTING (612) 469-6766 9� a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 haven•t I offer Exhibit 9. THE COIIRT: Objections? MR. EASTERLY: No, yaur Ilonor. THE COURT: Received. � � i BY MR. MILLER: Q. Sergeant, you testified previously who Sergeant Briggs is; is that correct? A. Lieutenant Briggs. Q. Lieutenant Briggs. Showing you what's been marked for identification purposes as Exhibit 10, would you please inform the court what that is? A. Inner departmental memorandum from the City of St. Paul to Kristine Rozek from licensing from Lieutenant Gary Briggs dated August 15th, 1995. Q. And your memorandum to Lieutenant Briggs was dated what? A. August 14th, so the day before. Q. And one of the things you mentianed was that Sergeant -- or Officer Gilkison mentioned that he was able to maintain intelligence -- a hot spot for intelligence gathering; is that correct? A. Of£icer Gilkison put that in his report, yes. Q. Okay. In connection with your AAA REPORTING {612) 469-6766 9�-ay� . • � 1 2 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $2 investigation are you aware that Lieutenant Briggs made a recommendation on the application of the Cafe Raraoke Do Thanh? A. Yes. Q. And what is his recommendation? A. Lieutenant Briggs' recommendation was to deny the license. Q. And do you know why that is? A. Based on my investigation of the business owner's past experience in CaliPornia. Q. Do you know whether or not it had anything to do with what transpired in -- or had transpired in St. Paul? A. Yes. I'm sure it's the totality of it that led to it. I don't recall any specific incidents right now without reading the memo, but, yeah, it was the totality of California and some of the experience in St. Paul. MR. MILLER: I offer Exhihit 10. Your Honor. THE COURT; Objections? MR. EASTERLY: No objections. TAE COURT: Received. MR. MILLER: If I can have just one moment, your xonor. AAA REPORTING (612j 469-6766 9� ayf � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, a discussion was held off the record.) � • � BY MR. MILLER: Q. Sergeant, other than the -- directing your attention again just simply to the St. Paul establishment, are you aware of any other types of reports that were generated at that address? A. Not off the top af my head, no. On businesses like this sometimes it's difficult to pinpoint it to an address because the surrounding neighborhood could generate reports, and from our computer system it's difficult to pull everything out that may be attributed to it. Q. Sergeant, are you familiar with the address numbers of the City of St. Paul? A. Yes, sir. Q. 1275, would that be located on the north side or the south side of University? A. It should be on the north side of University. Q. And what's the street directly north of University that runs east/west? A. Sherburne. MR. MILLER: I have nothing further, your Honor. AAA REPORTING (612) 469-6766 9� aY� • • . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 THE COURT: Cross? MR. EASTERLY: Thank you, your Honor. I've got a couple of questions. CROSS-EXAMINATION BY MR. FEINWACAS: Q. Sergeant Schaub, in the conduct of the intelligence gathering by your unit, is the business in Rosemead, California, currently licensed? A. At this time I don't know. Q. You don't know i£ they're licensed? A. No. I know there was a citation issued for operating it without a license that we got from L.A., but I don't know their current license status. Q. You don't know their current license status, so you wouldn't know if there was any pending revocations? A. No, sir. Q. Sergeant, let me ask you, the activities that occurred or the reports that have occurred in California, am I correct in assuming it's not your position that the persons involved in these California things are going to travel to St. Paul and do these things at Mr. Phan's business, or is AAA REPORTING (612) 469-6766 9�-�yt • � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ai 22 23 24 25 85 that your position? A. No. No, sir. That's not my position. Q. Okay. If there are problems in an area such as burglaries or theft, is it common for the police to maintain an increased presence and sort of drive around to make themselves visible even if no one calls them? A. Yes. Q. And so if that had occurred in this area in California, that would be a reasonable police response based on your experience? A. I believe that's when I talked about premise checks, the amount of activity associated with it. The officers made the premises checks of the establishment. Q. So that's not abnormal in any way if there's just things going on in the neighborhood in general? A. I think it's abnormal the quantity of premise checks that were made with this business, and I've spent time as a street superviser. If my my officers were having to spend that much time with one particular business or one particular area, yes, I would be concerned. Q. In your professional experience what did AAA REPORTING (612) 469-6766 9�O � u . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 86 this particular business do to promote these illegal activities? A. I don't have all the details of all the incidents, sir. As I stated, I got a basic minimum printout from L.A.. I can speculate much because we've had similar situations in St. Paul where sometimes just the location and the management of the business allows us to proliferate. Q. And, Sergeant, based on your intelligence, do you have any information that this gentleman here as the manager of the business that we're talking about today would encourage or allow these types of things to proliferate or to occur? A. Sir, I have to go by the history of those and the type -- same similar type businesses that they operated in California. I have to go by the information so £ar that's happened now. I do not see -- at least right now we haven't had a proliferation of calls, but it's also not licensed for anything. Q. Let me rephrase -- or not rephrase. Let me ask you another question. Do you believe that Vietnamese youth in St. Paul and the Vietnamese youth that we're talking about in California are the same? AAA REPORTING (612) 469-6766 9!� -�,y 1 �� LJ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I don't think anyone is the same, sir. Q. So you wouldn't ascribe to the St. Paul Vietnamese youth community any propensity towards crime or gang activity? A. As a general blanket? Q. As a general blanket. A. I wouldn't do that to anyone, sir. Q. Do you -- are you aware of the fact that there is an establishment similar to this one in Maplewood operated by Hmong owners on Rice and Larpenteur? A. I've heard of it, sir, but I don't have any information. Q. which includes you don't have any bad information on it? A. I don't have any information period on it. Q. Okay. The report that has been -- you know, the info to homicide report which I believe is the City's Exhibit Number 9 that we were just talking about -- A. Uh-huh. Q. -- these kinds -- at least according to this report, these kinds of businesses it says "draw crowds of all kinds." That's what this m AAA REPORTING (612) 469-6766 �!!o �,5'/ � • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sa says. Is that abnormal for a business activity, because isn't that the purpose o£ a business? A. As a general rule I'll aqree with you, sir, yeah. Q. Okay. And it also goes on to say, "Asian males who hope to meet women or criminals." Is it desired in your opinion as a police officer -- of a business to make the setting for males to meet women, is that undesirable, illegal, or is that something that gives the police concern? A. No, sir. Q. Okay. Also I'm just -- I'm curious. On Page 3 of this report can you help me understand what is a good Vietnamese? A. I'm sorry. I don't know where you're looking, sir. Q. Near the bottom right before the last paragraph, "Assault, theft, and intimidation of good Vietnamese persons." MR. MILLER: I will object to that question, your Aonor. It calls for speculation of what Officer Gilkison meant by good Vietnamese versus what this witness can testify to. THE COURT: Well, I'll overrule the objection and allow this witness to answer to the AAA REPORTING (612) 469-6766 9�-ay� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 extent that he can if he can. THE WITNESS: May I have a moment, � • • sir, to read? TAE COURT: Ae's asking you -- THE WITNESS: Intimidation o£ good Vietnamese persons? THE COURT: Is there any -- is that any police jargon or code that is understood different than in the community as a whole? THE WITNESS: I guess that would be Officer Gilkison's word. It's not something that I would use. THE COURT: It has no specific police significance? THE WITNESS: No. It's an adjective, strictly of Officer Gilkison's. BY MR. EASTERLY: Q. Sergeant Schaub, I want to just in the -- and I'm sorry I don't know which exhibit this is. The memorandum from Lieutenant Briggs to Kristine Rozek -- A. Yes, sir. Q. -- that discusses the adverse recommendation here. This refers to -- A. Where specifically are you looking, sir? AAA REPORTING (612) 469-6766 9�-ay� • � CJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 Q. I'm looking at Paragraph 2 0£ the memo dated August 15, 1995. A. Okay. Q. From Lieutenant Briggs. And this question will relate to your intelligence gathering activities. Mr. -- And I also apologize. I'm not facile with names -- Nguyen, is that the -- A. Nguyen. Q. Nguyen and his employees demonstrate a long history of animosity towards the local police. Can you explain what -- I mean, they don't like the police or what does that mean as the basis? A. You would have to talk to Lieutenant Briggs. I know he also had some discussions with L.A., although I noted on some of the information we got from L.A. that the owners -- there would be statements they're uncooperative with the police. Q. But you don't know what that means? A. It's not my words. It's Lieutenant Briggs. Q. Sergeant, in terms again of information which you have, do you have information based upon your investigation or experience that would indicate to you that the applicant, Mr. Phan, is -- AAA REPORTING (612) 469-6766 9�-�y� � • CJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 could be categorized as uncooperative or disliking the police or do you have any information at all that you as a police of£icer don't like this guy? A. You mean firsthand? Q. Firsthand intelligence gathered, whatever. A. Don't like him? No. Q. And you also don`t have any information that -- or perhaps you do have information that he would be a poor business operator? A. Well, you're asking my opinion. Q. Yes. I'm asking in the context of the fact that you are an intelligence officer, you know, who is assigned to gather information. A. Based on what I see from Los Angeles, the experience in Los Angeles, the type of calls, the amount of calls, the type of individuals that repeatedly are associated with the business, yeah, I'd have some great concerns with him opening a business here. Q. I'd like to explore that a little bit if I may, sir, these concerns. A. Sir. Q. And these observations are when he ran this business and you watched him run this AAA REPORTING (612) 469-6766 9� • i u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 'I 18 19 20 21 22 23 24 25 92 business? A. No. My observations are based upon the number and type of police calls to a business -- to a particular business. Q. If he opens up this place what do you think is going to happen? A. I have to go by task practice. I think it's going to become a hangout for young juveniles, I think we're going to have conflict between groups that hang out there, I think we are going to have violence, and I think we are going to have a disruption of the neighborhood. Q. Sergeant Schaub, so as I understand it, if a business drew young juveniles to hang out there, that can promote conflict and that can further lead to violence? Is that basically the rationale? A. I think -- well, it's not that black and white an issue. I think any time you're talking about a type o£ business, it's business dependent because not every business is that way. Q. Would a McDonald's in this location, in your professional opinion, give you pause for concern? A. It depends where, sir. AAA REPORTING (612) 469-6766 9� -a y� � � 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. Right here. This address. A. I think every business the police department has some interest in it even from a traffic flow problem. Q. But what I'm asking you is this particular address in the City of St. Paul, this 93 geographic location, if there were to be a McDonald's restaurant there, given the kind of criteria that we're talking about, kids might hang out there and kids might argue with one another? 0 � Uh-huh. So it's any business that could conceivably lend itself as a hangout for youth? A. I don't think so, because when you talk about a McDOnald's and you talk about some of the other businesses, usually they have policies about loitering in the business. The business is not there to promote loitering. It's there, in the case of McDonald`s, to turn over as much product as fast as possible, so usually you do not see them tolerating loitering for long periods of time. Q. What's your understanding of what the purpose of this business is? A. It's my understanding it's a karaoke cafe was the original intent, which would serve some AAA REPORTING (612) 469-6766 °l�-ay� • 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 15 16 17 18 19 2Q 21 22 23 24 • 25 refreshments, where people would go and stay on a long-term bases as opposed to just come in, and that's to be entertained, I imagine, by the m Q. So it's the £act that they would -- perhaps loiter is not the right word, but the turnover would be somewhat slower, because although it might be food, microwave sandwiches or a cup o£ coffee, they wouldn't gulp it down or wol£ it down and then head out the door, that they sit around? A. Yes. Q. And that this would cause a problem? A. I think looking at the past history in California, yes, I'd be concerned. Q. And this problem is related to the type of patron, not the type of business? For example, if the business drew old fogies like me and Mr. Easterly here and we were sitting around eating sandwiches and drinking coffee, you know, and didn't leave right away, you know, talked about stuff like, you know, football games and what's going on in the world, I mean, would that give the police concern? A. I don't know. Are you identified with any phone gang, sir? AAA REPORTING (612) 469-6766 9to -al`1 ! � � s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Well, let's see. National Rifle Association Shriner. I'm a member of the I used to be a 95 A. I mean, we're talking -- I think we're talking apples and orangess based upon the clientele. Q. How does one recognize a person identified with a known gang if one is a business owner? Do I card them at the door like bars? Are they wearing some kind of signet ring? I mean, if I need to -- A. Yes. Many times they are wearing identifiers, yes. Q. And how -- A. Either the type of colors or the type of style or the way a hat is turned. Q. And this is known to the police who study such things? A. Sure. It's not a blanket where everyone who wears this type of jacket is a gang member, but, yeah, that's real common. That's part of their identifiers. That's how one gang knows the difference between the other, and most of them will admit they're gang members. Q. And do the police provide information AAA REPORTING (612) 469-6766 9��ay� i � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 about this to business owners to help them make such identifications of patrons, or is it simply assumed that everybody knows this? A. No. I think we've done this in the past. Q. You provide this kind of information? A. Yeah. There are many businesses that -- excuse me for interrupting, but, I mean, that have come to the police asking for help. Q. And so if they come and ask for help you will give them this information, and then using it what would you expect them to do with it? A. Sometimes that's up to them. In the past the community has complained hard enough where it's closed a business down even though they had the information. There's been times where they've -- business owners have banned a certain type of color or garb or -- Q. Let me be more direct. If the information is provided to a business owner and the business owner then sees people that he or she might suspect has some sort of affiliation with a gang, you would -- as a police officer you would like it i£ they would report this to the police; is that correct? A. No. I don't like the term report, sir. AAA REPORTING (612) 469-6766 9� -ayl � � r LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 Q. Okay. Should they exclude persons wearing certain colored garb from their business? A. Some businesses have made that decision to do that, yes. We don't -- as a police department don't dictate what a businessman -- who they are going to let in and not let in. g. Okay. So you don't say that, for example, it should be a policy where dressed a certain way should be excluded? If they're not that that makes this a bad business? A. We don't have that right to dictate that to a businessman, no. Q. If a business owner were a aware that a patron was armed, do you think as a police officer it would be a good idea if the business owner would inform or summon the police of that fact? A. Yes. Q. And that would be in preference to, for example, direct confrontation with the patron? A. Yes. Q. And that would generate -- that would lead to the making of a call and a police report? A. Yes, it would. Q. So if you were in a neighborhood where there were people who had a propensity to, say, AAA REPORTING (612) 469-6766 9�-aY/ � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 carry illegal weapons and you wanted to be a good citizen and they were coming into your place o£ business, you would tell the police and then it would generate all sorts of police reports? A. Yes. Q. And if you -- if a business owner even not in a place of business, but let's say outside, the reason that we've got an incident involved in the state legislature, saw a domestic violence, as a police officer would you encourage the business owner to report the domestic violence? A. Sure. Q. And that would also cause a police report to be made? A. Yes, sir. Q. And the police reports are generated based on the address of the identity of whoever it is that calls these circumstances to the attention of the police; is that correct? A. Usually, yes. Q. So a good upstanding person trying to be o£ assistance in making information available to the police could very conceivably result in a very long computer printout of police reports involving a particular address or a particular place of AAA REPORTING (612) 469-6766 9� a �i � C� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 99 business or a particular person? A. Oh, sure. Q. And that wouldn't necessarily indicate that that particular person is a criminal or a disreputable citizen or a problem to the community, would it? A. That the person -- Q. That the person making those calls -- A. No. Q. Sergeant, one last thing. we have been talking perhaps interchangeably about southeast Asian ganqs and Vietnamese. Is there a difference between southeast Asian gangs and Vietnamese gangs, and if there is what are those differences? Do Hmong communities have different kinds of quote unquote youth gang patterns or is it all sort of the same thing? A. I don't think anything is the same thing when you're talking individuals and different cultures, sir. I mean, whether you're talking Chinese gangs, if we're going to stay specifically with gangs as the topic, or Rorean gangs, Vietnamese gangs, or Hmong gangs, when you get a group together like that they create their own identity and their own traits and their own AAA REPORTING (612) 469-6766 4�-ay� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 personalities. I don't think you can paint them with a blanket brush any more than you can anyone else. �ao� � • Q. So it would be unfair to say that a place where people of southeast Asian ethnicity hung out was bound to be a problem? A. As a qeneral statement, yes. I'm sure there are businesses that -- where that happens that don't generate the amount of calls that these type of businesses have. Q. Thank you, sergeant. THE COURT: Redirect? MR. MILLER: Yes, your Honor REDIRECT EXAMINATION BY MR. MILLER: Q. Sergeant, making reference to your report, which is City Exhibit 8, if you'd look on the back pages -- the back four pages, is there any indication at all as to who made the calls to summon the Los Angeles County Sheriff's Department? A. In some cases there is, yeah. Q. Okay. Do you know and can you tell from this report whether these calls all came in the same day that the incident actually occurred? Does that make sense? AAA REPORTING (612) 469-6766 96-ayi � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �o� A. It does. The fact that -- and in looking at these I tried to be as clear as possible on the problem and the number of squads sent. To my best knowledge, the time that these were generated -- the dates that these were generated were the times the squads were sent. Q. But you don`t know whether or not that's actually the time of the occurrence, when the squads were sent? A. On many of them you can te11 that yes, it was. Q. Okay. Let's go back to counsel's scenario where if a proprietor were to observe someone with a gun in their establishment, and your preference would be that they would call the police department; is that correct? A. Yes. Q. Would you think it preferable for them to contact the police department as soon as possible or to wait for a couple of days? A. As soon as possible. Q. Directing your attention to Exhibit 9, which is Officer Gilkison's report, again the date that it was reported to Officer Gilkison do you recall on Page 3? AAA REPORTING (612) 469-6766 ��-a�� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. On 7-10, Monday. Q. And these incidents occurred on what 102� � � date? A. 7-8 I believe was one o£ them and then -- or excuse me. It would be the following two days. It was a Saturday and Sunday, so we'd be looking at the 8th and 9th. MR. MILLER: Thank vou. I have no further questions. THE COURT: Anything? MR. FEINWACHS: Just one more. RECROSS-EXAMINATION BY MR. FEINWACHS: Q. As sort of a summary statement, Sergeant, in your opinion as a law enforcement professional, this type of business, this coffee shop�music kind of thing, in general do you believe this business has -- this type of business is a legitimate business in St. Paul or do you believe it is a cause of police problems and dif£iculties as a generic question? A. No. MR. MILLER: I`m going to object to the question £irst off, your Honor. It goes beyond the scope of redirect. AAA REPORTING (612) 469-6766 96-ay� u � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Well, I'm going to overrule the objection. You can answer if you can. 1031 A. I believe we have other coffee shops in St. Paul, some that generate police complaints and complaints from the community and some that don't. THE COURT: Anything further? MR. FEINWACHS: No, your Honor. THE COURT: This Exhibit 8 has a rather long list of incidents here, and they run to a-- these run to two different locations or one location? identified Rose. THE WITNESS: Two, sir. They're One is the Binh Minh and one is the La THE COURT: Okay. They're identified up here? THE WITNESS: indicates). These (witness TAE COURT: What about down here? TAE WITNESS: As you can see up here the business La Rose, narcotics, gun call, the Binh Minh, these were for the ones that I could identify with as far as having police reports. These were taken from the printout, and as you can AAA REPORTING (612) 469-6766 9G -d�fJ � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 see these are £or the Binh Minh. THE COURT: Oh, I see. I see what �r,z, s � you mean. THE WITNESS: And this one, as an example, shooting, gang members, what have you, it's for the La Rose. THE COURT: I see. I got you. When a squad does a premise check, is that something that they're ordered to do by their supervisor or is that something that the squad does on its own as part of a round that they're -- THE WITNESS: I can happen either way. THE COURT: Either way? When they say -- in here it says "coded incident." What does that mean? THE WITNESS: That's all that it came out. It didn't define if it had a code £or the incident as opposed to -- and we have another coded incident here. Juveniles loitering, that would have been identified if there was a coded incident. THE COURT: But there's some numbers there that you weren't able to more specifically identify their cause for the call? AAA REPORTING (612) 469-6766 9�—a�i � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Correct, sir. THE COURT: I see. And these classifications that are put on here were put on here by the L.A. Police Department or by you? THE WITNESS: No. L.A. Sheriff's �os� • � Office. THE COURT: So when it says gang activity, that's something -- that's a term that they used? THE WITNESS: Right. THE COURT: Now there's a couple of alarms -- there's several alarms here. THE WITNESS: Yes, sir. THE COURT: Those are -- the premises is alarmed and the alarm goes off, and the automatic call goes to the police department and so you respond to that as kind of a burglary thing? THE WITNE55: Yes. THE COURT: Is that what that suggests? THE WITNESS: THE COURT: several of those there? THE WITNESS: THE COURT: Yes. Okay. And there are Yes. There's a couple of AAA REPORTING (612) 469-6766 9� a y� • . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 these where they're sending more than one squad. A couple here are four, and I thought I saw one with seven somewhere in here. THE WITNESS: Uh-huh. THE COURT: That -- it sounds like an awful lot of squads. Does that suggest that this was a big deal? THE WITNESS: Yes. THE COURT: A bigger incident that the police were worried about how many are we going to take to quell whatever disturbance was taking place? THE WITNESS: Yes. In fact, if you look at that even on some of the premise checks, which should be no threat, many -- on some occasions I saw where there are two squads sent. THE COURT: But as to a lot of these, is it fair to say that it's kind of hard to know much of the detail of the requirement for some o£ these and whether it could be directly related to this business or others or in your review of this information you always specify it to this business? THE WITNESS: No. I looked at those that were identified with this business. AAA REPORTING (612) 469-6766 9� ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �o�� THE COURT: And as -- THE WITNESS: And some of them are £airly clear when you look at the narrative. Again like here, "Medical, party fainted over marijuana smoke in the cafe. Complaint gang members refusing to leave cafe." So some of them as much information as I had was identi£ied with Binh Minh, because there were other things that might be to a market or things on this order that were not identified. THE COURT: And something like extortion, what does that suggest? THE WITNESS: As I recall, and we may have a police report on it, I believe that's covered in the narrative in there, sir. THE COURT: In this part? THE WITNESS: Right. Let me see. As I recall -- and it's in here. I can't find it right now. We had talked about here, "Had been described as uncooperative. Police" -- "although young has started to cooperate recently," and I believe that was based upon the -- an extortion. MR. MILLER: If I might, there is some information on the back page of that exhibit on Exhibit 8. AAA REPORTING (612) 469-6766 q�-ay� C • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �� THE WITNESS: "Extortion related offenses against the business appeared and the owners have been described as less than cooperative with the police." That's from the Los Angeles Sheriff's Office Law Enforcement. THE COURT: Okay. So this extortion would have been an attempt against the business owner himself? THE WITNESS: It may have been, yes, sir, I'd have to check against the date against the police report. THE COURT: Does that mean July of '94? THE WITNESS: Yes. THE COURT: In doing your investigation did you ever talk to Mr. Phan? TAE WITNESS: No. THE COURT: Did you personally ever go to this location on -- was it the 1200 University Avenenue address? THE WITNESS: 1275. I recall driving past it a couple times. The times that I went past it I don't recall the dates. I think it was closed. THE COURT: But you never went into AAA REPORTING (612) 469-6766 9� -ayi � � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109I it? THE WITNESS: No. THE COURT: Have there been instances in which the St. Paul Police Department has attempted to work with business owners to control the -- sometimes the patron -- the patronage of a certain business is fickle, and it comes and it goes and the character and nature of it comes and goes. Is the St. Paul Police Department available to work with these managers to control it if an undesirable element attempts to start to patronize his business? Is there something that the police department can help them with? THE WITNESS: We always have. What we found out in some of the most egregious situations, though, is that no matter what we tell them, we're talking eventually -- at least the two that pop up in mind, and some of them did have liquor licenses. Even they had contracts with the people in the neighborhood that if something were to happen like a shooting, they'd voluntarily close down for three days, things of this sort of with the neighborhood groups. Then eventually because of bad management the business is closed or adverse AAA REPORTING (612) 469-6766 9�-ayi � � u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ��o� action. Finally the list o£ violations got so large that it was closed. THE COURT: Is there other ways, though, that management can attempt to control the patronage of the people that show up? THE WITNESS: There are many ways you can control a business. I mean, be it age restrictions, hours. I-- and I can't speak for L.A. I know if we were to have the same example in St. Paul that they had in L.A. as far as the numerouse calls and stuff, we would have brought them some adverse action much, much sooner. THE COURT: Now Officer Gilkison, do you understand it that he was employed by this business? THE WITNESS: Yes. THE COURT: To do security, I take it? THE WITNESS: I don't know what relationship Officer Gilkison had with them. THE COURT: But was it your understanding that he was in uniform at the time that he was on the premises? THE WITNESS: I don't know whether he was in uniform or not, sir. AAA REPORTING (612) 469-6766 9b-a�r: � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Oh, okay. Okay. THE WITNESS: That's a private business arrangement between the owner and the officer. �� u THE COURT: Yeah. You're just not familiar what it was in this case? THE WITNESS: No. THE COURT: And that's permissible in St. Paul for a St. Paul police officer to go and do this outside employment whether it be security or something else for this business? THE WITNESS: Well, not necessarily. THE COURT: Oh, okay. Well, I'm not questioning Mr. Gilkison, but -- TAE WITNESS: No. I mean, there are certain restrictions on off-duty employment as far as number of hours someone can work per week. THE COURT: Yeah. All right. THE WITNESS: And some businesses they're not allowed to work at. THE COURT: All right. THE WITNESS: And while it may not be prohibited now, it certainly could be in the future. AAA REPORTING (612) 469-6766 9b u C_� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 iia THE COURT: Are there -- do you know whether or not this business engaged -- I mean engaged as a regular basis any sort of security? THE WITNESS: I don't have any knowledge of that, not to those specifications, no. THE COURT: Occasionally businesses do hire police officers or security companies to -- like bars -- TAE WITNESS: Yes. TAE COURT: -- to do security like check I.D.s and whatever is necessary? THE WITNESS: Sure. THE COURT: Would that be something that a business could do to attempt to control the patronage and the activities that go on in their business? THE WITNESS: Some have done it and have maintained their license. Some have done it and not maintained their license and still come under scrutiny, so . . . THE COURT: Now maybe I don't quite understand it yet now. Do I understand it that they -- that this business started in July and was operated for a period of time? How long was it actually in operation, do you know? AAA REPORTING (612) 469-6766 c !lo�d`�l • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: No, sir. That's something licensing would be in a better position to answer. 1131 • • THE COURT: Okay. But it was operating for a while? THE WITNESS: We received some information that they were operating without licenses, yes. THE COURT: All right. Did you -- are you aware of any police involvement in working with the management during the time that it was open to advise it as to what it could do to control the business or the direction of the business or the problems around it? THE WITNESS: No. And I know that licensing -- and I've attended some hearings with businesses that have previously been licensed and got into trouble. My role here was to look at the background and the past practice of the individuals applying for the application and see what our other law enforcement agencies' experiences have been with them. THE COURT: Are there community action departments in the St. Paul Police Department that do that sort of thing, that work AAA REPORTING (612) 469-6766 9�-a �i � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with businesses or people who have trouble or neighborhoods that want security or something like that? 1141 � � THE WITNESS: Usually the -- the vice unit -- usually once a business has come to the attention of a vice unit it's because of bad problems. Usually when you talk about security changes that they have to make, it`s forced on them as a condition of maintaining their license. That's not to say that there hasn't been -- some people that have done some volunteer stuff, but usually it's a situation where it's, "Hey, do this or you're going to lose your license." And that I know is present in a lot of businesses where their license was in jeopardy before they did things. THE COURT: Okay. So what you do, you kind of force your manage -- you force the management to work with the police or the city? THE WITNESS: And the community. THE COURT: And the neighborhood, right? THE WITNESS: THE COURT: kind of a joint goal? THE WITNESS: Right. In order to accomplish Right. And usually AAA REPORTING (612) 469-6766 g�-�� l � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lis� you'll find that it's community qenerated is a better -- is a large part the community complaints. THE COURT: The most effective? THE WITNESS: Community complaints tell us to pay attentian. THE COURT: All right. THE WITNESS: Which generates police reports. THE COURT: So are there -- so there are certain things that perhaps this business might be able to do to control the type of incidents that it experienced in L.A.? THE WITNESS: Yes. As a general rule I'd say yes. General rule I'd say yes, but I don't know whether same and similar things were attempted in L.A. and didn't work because of the management. THE COURT: We don't know that? THE WITNESS: No, we don't know that. THE COURT: And apparently they weren't too successful? If there were attempts of extortion to the management itself in L.A., that's something over which they may not have a lot of control? AAA REPORTING (612) 469-6766 9� a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Rhetorical, sir, 1161 � � or -- THE COURT: Well, yeah. I guess it doesn't really have an answer. I have no further questions. , Gentlemen, anything further? MR. MILLER: Just raise one question for me. FURTHER REDIRECT EXAMINATION BY MR. MILLER: Q. Sergeant Schaub, with respect to Exhibit 10, the second page, I direct your attention to Paragraph 2, the first sentence. A. Yes, sir. Q. Does that refresh your recollection as to whether or not -- or perhaps how long the establishment had to operate without a license? A. Well, it's -- according to the information Lieutenant Briggs had, that he had been operating his business for over 30 days and has failed to get any type of license. MR. MILLER: I have nothing further. THE WITNESS: May I add something? THE COURT: If somebody has a question for you. AAA REPORTING (612) 469-6766 9�-a yi � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ��, MR. FEINWACHS: Well, your Aonor, I'd like just if I may ask for a clarification of something I asked earlier. FURTHER RECROSS-EXAMINATION BY MR. FEINWACHS: Q. Sergeant, I'd made reference to the Hmonq operation in Maplewood of which you had -- you didn't have any information. As a professional matter as an investigator, do you think it would be appropriate in a situation like this to -- for purposes of comparison of looking at an operation like that as opposed to going to California? A. No, not necessarily. MR. FEINWACHS: Thanks. MR. MILLER: I have a procedural question, your Honor. THE COURT: All right. FURTHER REDIRECT EXAMINATION BY MR. MILLER: Q. Are there other karaoke clubs in St. Paul operating? A. Not that I have any personal knowledge of. Licensing would be a better idea. We usually don't get involved that much unless it's a class I license or something of that order or it involves AAA REPORTING (612) 469-6766 9� -a y! i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 out o£ town. �� TAE COURT: Okay. Anything further? MR. MILLER: Your Honor, counsel's question raised an issue for me. FURTHER RECROSS-EXAMINATION BY MR. FEINWACHS: Q. Sergeant Schaub, why did you look at the license establishments in California for Mr. Nguyen and Mr. Phan? A. They were put -- they put them down on their application as previous businesses that they had managed and run. That gives us probably the best idea on how they may manage and run a business in St. Paul. SIU, Lieutenant Briggs, and myself looked at all the L.A. stuff, and Lieutenant Briggs made the official recommendation to the police department that a license not be granted based upon the information. MR. FEINWACHS: Thank you. I have nothing further. THE COURT: MR. MILLER: THE COURT: excused. THE WITNESS: Gentlemen? Nothing. Thank you. Then you're Thank you. AAA REPORTING (612) 469-6766 9� -a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1191 THE COURT: Okay. I think this would be the appropriate time for us to take a little break. Do you have something for the record or should we do that -- MR. MILLER: No, sir. No, nothing further. THE COURT: Well, then why don't we -- I'll ask you gentlemen if an hour is adequate or if you need more than that for the break. You have more to do during that hour than I do. MR. MILLER: An hour is more than sufficient for me. MR. EASTERLY: More than sufficient for me, sir. I'd like to make sure that the witnesses are comfortable. THE COURT: Well, then it's almost 1. How about quarter to 2? Would that be okay? All right. Then we will stand adjourned until 1:45. (Whereupon, a lunch break was taken and the hearing reconvened.) WAYNE WALLACE, having been first sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows: AAA REPORTING (612) 469-6766 9�0 -�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: your full please, sir? THE WITNESS: THE COURT: �zo Would you please state CJ � name? Wayne Wallace. Can you spell your last THE WITNESS: W-A-L-L-A-C-E. THE COURT: And I remind you that you are presently under oath. Mr. Miller? DIRECT EXAMINATION BY MR. MILLER: Q. Please state your title. A. I'm a sergeant with the Los Angeles County Sheriff's Department. Q. In what particular area? A. I'm in charge o£ the city of Rosemead. Q. What do you mean by you're in charge? A. I'm the liaison sergeant for the city of Rosemead. The city of Rosemead is an incorporated city that contracts for law enforcement services through the sheriff's department. Q. The area of Rosemead, where is that in relationship to L.A. proper? A. We're approximately ten miles east of downtown Los Angeles. AAA REPORTING (612) 469-6766 9�-ay! i � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZZ1� Q. And how long have you been there? A. I've been assigned to the city of Rosemead in my current capacity £or just a little over four years and I've been with the sheriff's department for 19. 4• That's Los Angeles County Sheriff's? A. Yes, sir. Q. Will you explain what some of your duties are? A. As the liaison sergeant to the city I am responsible for the government end of relations between the sheriff's department and the city, I am responsible for the overall supervision of the patrol operation 24 hours a day, and I'm also the supervisor for the city's gang enforcement team. Q. In the course of your duties are you familiar with the racial makeup of the community of Rosemead? A. Yes, I am. Q. And what is the racial makeup? A. We are comprised of approximately 50 percent Asian, 17 percent Hispanic. The remaining percentages are mixed between white and other races. Q. Would it be fair to say then that you AAA REPORTII3G (612) 469-6766 9�-a��/ � � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 iaa� deal with minorities on a routine basis? A. Yes, sir. Q. As a supervisor what number of deputies, if any, report to you? A. The gang enforcement team that the city buys under the contract consists of seven deputies, and the patrol operation itself is approximately 34 deputies assigned to the patrol operation. Q. As part of your duties are you involved with licensing establishments? A. Yes, I am. Q. And what is your duty there, sir? A. Basically as problems arise in the city, businesses come in, the city contracts for a civilian investigator who does licenses. Once he conducts his investigations, he comes to me and I will go over his recommendation. And depending on the nature of the business and that, we will establish a set of conditions that we feel are appropriate for that sort of business. I will then instruct him to -- that it has my approval and for him to go ahead and contact the city licensing people and proceed with the approval of licenses. Q. Is the area with an address of 9241 Valley Boulevard, is that within your jurisdiction? AAA REPORTING (612) 469-6766 9�-�l • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, it is. Q. And how about the address of 3365 walnut Grove? A. That's also within the city of Rosemead. Q. Are you familiar with an establishment formally known as the Thien Nga? A. Yes, I am. Q. And are you familiar with the name Duong 123 � � Phan? A. The name is £amiliar, yes. Q. Why is that, sir? A. He was the owner of a business within the city of Rosemead that over a period o£ time ended up becoming a problem location. Q. Sergeant, in the course of your duties is it common for you to rely upon the reports and verbal exchanges with the deputies under your control? A. It's a daily activity. Q. And are you aware of the time -- or the period of time that Mr. Phan was involved with the Thien Nga? A. Yes, I am. Q. And do you recall the dates? A. I believe it was February -- sometime in AAA REPORTING (612) 469-6766 9� a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 24 15 16 17 18 19 20 21 22 23 24 25 1241 1990 through February o£ '93. Q. Are you aware of the circumstances in which the Thien Nga changed names and ownership to the La Rose? A. I have a good idea. Q. Are you aware of whether or not Mr. Phan was -- continued to be involved or maintained -- or to be responsible for the Thien Nga after February of '93? A. He -- the licenses remained in his name from February of '93 until May of '93. There was a change of ownership in progress during that period of time to a gentleman named Thanh Su. Q. Are you familiar basically with the number of calls which your office received to the Thien Nga? A. Yes, I am. Q. Are you familiar with the types of calls? A. Yes, I am. Q. Based upon your experience, are you able to draw any comparison between the numbers of ca11s and the types of calls to the Thien Nga versus other licensed establishments in Rosemead? APPLICANT'S ATTORNEY: Objection. I'd like to know if similar licenses means licenses AAA REPORTING (612) 469-6766 q�o-dyl � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to anything. What are we talking about? THE COURT: Your objection is 1251 � � relevance? APPLICANT'S ATTORNEY: Yes. THE COURT: Well, perhaps you can rephrase that a little and make it a little more specific. MR. MILLER: Okay. It's probably not even that critical, your Honor. I'll withdraw the question. BY MR. MILLER: Q. Do you have a person who worked for you by the name of Manny Valenzuela? A. Yes, I do. Q. And what is his capacity? A. He is an Asian gang investigator. Q. Are you aware of his involvement with a Sergeant Brooke Schaub of the St. Paul Police Department? A. Yes, I am. Q. And what was Detective Valenzuela's role in communications with Sergeant Schaub? A. Detective Valenzuela received a call from the St. Paul Police Department requesting information regarding the Cafe Thien Nga and Binh AAA REPORTING (612) 469-6766 9�-ayl � C� � �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 Minh. He put together basically a synopsis of incidents occurring there, the problems that we had, and faxed it back to the St. Paul Police Department. g. As part of your duties are you faiailiar with the license activities and conditions that are -- may have been placed on this establishment? A. Yes, I am. THE COURT: Which establishment is this? MR. MILLER: THE COURT: The Thien Nga. Okay. BY MR. MILLER: Q. And what are those, sir -- or what were they? Excuse me? A. I have a copy of them here that I can refer to. They are numbered 1 through 16. would you like me to read them verbatim? Q. No. That's okay. I see what you're referring to. Was it your testimony that -- what is your testimony as far as when this establishment, the Thien Nga, began operating? A. My testimony is that it began operating in 1990 under the initial license that was granted AAA REPORTING (612) 469-6766 9!� �YJ � 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by the city. Q. At any time did you become aware o£ the Thien Nga obtaining an entertainment license? A. No. Their initial license in 1990 was issued on July lst, and at that time it was just a straight business license. There was not a specific entertainment license added onto that license. ia�� J � THE COURT: At the time it was issued or at any time? TAE WITNESS: At the time of the initial license, which I have a copy here, we will indicate type of business on the bottom of the license. Entertainment could be just a straight bar or someplace where somebody can go sit down and have a cup of coffee and listen to piped in music. We also issue what we call an entertainment license which then goes into sitdown video games, the operation of karaoke things, and that sort of thing. THE COIIRT: a karaoke license or not? THE WITNESS: THE COURT: So a bar is the same as No. Is a bar license separate? AAA REPORTING (612) 469-6766 9�-a�! • . C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 128 THE WITNESS: Yeah. Bar just would be like a straight business license, and then we would put down when it's issued. Type of business would be basically entertainment. It's kind of a misnomer because to go any further and have like sit-down video machines or karaoke you have to have a specific entertainment license which is separate f rom -- THE COURT: So an entertainment license is a step down from a general business license? THE WITNESS: No. It's an added license. THE COURT: Okay. It's an added license and it requires a separate investigation or not? THE WITNESS: Yes. We go and reinvestigate it if they applied £or that. THE COURT: Okay. BY MR. MILLER: Q. Sergeant, are you aware -- or what significance does the name Frank Tripepi have? A. Frank Tripepi is the city manager of the city o£ Rosemead. MR. MILLER: Some o£ these will be AAA REPORTING (612) 469-6766 9� ay I . • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 out of order, your Honor. I've already numbered them. THE COURT: Okay. BY MR. MILLER: Q. For identification purposes, Sergeant, would you please identify City Exhibit 17? A. It's a recommendation £rom the city manager to the mayor and city council members to approve an entertainment permit for the Cafe Thien Nga, and it's dated on March 18th, 1992. Q. Okay. And could you turn the page, sir, and please identify what that is. A. It's a copy of the business guidelines that were presented to Mr. Phan, the owner of Cafe Thien Nga. THE COURT: Would that be like conditions? THE WITNESS: Conditions that -- THE COURT: To operate his business? THE WITNE55: To operate his business. THE COURT: Al1 right. And you called them what? What do you call them? THE WITNESS: Conditions of 129� AAA REPORTING (612) 469-6766 9�-a�f� . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval for the entertainment permit is the -- 130I . • THE COURT: Okay. Conditions of approval? Okay. And were you involved with constructing these? THE WITNESS: Yes, I was. THE COURT: And was the entertainment license issued based on this? THE WITNESS: Yes. It was issued, I believe, at the council meeting on the 18th -- or the 24th. Excuse me. THE COURT: '92? THE WITNESS: Yes. THE COURT: So if a bar were to have any sort of entertainment or dancing or anything, they would have to have an entertainment license as well? THE WITNESS: license, yes, sir. THE COURT: On top of the regular All right. BY MR. MILLER: Q. Sergeant Wallace would you turn -- MR. MILLER: Actually, your Honor, at this time I'd offer Exhibit 17. THE COURT: Objections? AAA REPORTING (612) 469-6766 9�o ay � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1311 MR. EASTERLY: No. THE COLTRT: Have you had a chance to MR. EASTERLY: What is the exhibit • • review it? number, please? THE COURT: 17. MR. EASTERLY: No objections. THE COURT: Admitted. BY MR. MILLER: Q. Sergeant, if you turn to the second to the last page of the exhibit. A. Okay. Q. And please explain to the court what that is. A. That is the initial business license granted to Cafe Thien Nga from the city. It is not an entertainment permit. It is just a straight business license. Q. Okay. On there is there a place for person's date and place of birth? A. Yes, there is. Q. And what does this indicate? A. It indicates that the person was born on August 8th, 1952, in Saigon, Vietnam. Q. And the owner's name? AAA REPORTING (612) 469-6766 9�-ay� • � u 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1321 A. Duong Phan. Q. Does it have a place for the date the business was started or purchased? A. Yes, it does. It's dated July lst, 1990. Q. And what type of business is this? A. It's basically an Asian cafe that was serving non-alcoholic beverages. Q. Okay. And on this page is there a place towards the bottom that talks about the type of business as well? A. Yes. Q. The type of Zicense application? A. It just indicates type of business, and it states that it's an entertainment business. Q. And I believe you testified that besides a general business license, a person needs an entertainment license to conduct karaoke in California? A. Yes, sir. Q. Are you aware of whether or not, sir, a citation had been issued that -- to the Thien Nga for conducting karaoke entertainment without a license? A. There was action taken against Cafe Thien Nga for operating without appropriate entertainment AAA REPORTING (612) 469-6766 9� a�11 . u � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 133 license. Investigators from the sheriff's special investigations unit entered the location and found that karaoke was being operated in there without appropriate licenses. Q. Do you recall the approximate date that that occurred? A. That was in, I believe, October of '91. THE COURT: Explain to me, i£ you would please, what is it exactly that they do at a Karaoke Cafe? What happens there? THE WITNESS: Well, a lot of things happen there. THE COURT: Because at first brush it sounc3s like kind of benign activity? THE WITNESS: Yeah, it does. It's just -- the draw is basically to the Asian community. It's not that there's, you know, a sign, that, you know, they don't want the Caucasian or the African-American or the Hispanic people in there, but the Asian cafes draw to the Asians. And with the -- THE COURT: Well, I understand that, but what do they do when they get there? THE WITNESS: Plan crimes, comiait crimes. AAA REPORTING (612) 469-6766 9�-ayi � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 134 THE COURT: Well what activity does the management offer to the people who walk in the door? THE WITNESS: Iced coffee, Vietnamese type drinks, and a karaoke machine. TAE COURT: Do they dance as wei,l or no? THE WITNESS: No. THE COURT: Is it -- THE WITNESS: Normally there's not dancing in there at all. THE COURT: Is a karaoke machine a popular activity then amongst the crowd? THE WITNESS: Oh, it is. It's popular. A lot of places have them. THE COURT: Well, I understand they have them, but I don't know how -- I just didn't realize how popular it is where you are in Rosemead. THE WITNESS: It's very popular. It's very popular. THE COURT: Are there other clubs that cater to other racial nationalities, do basically the same type of things? THE WITNESS: The clubs to the AAA REPORTING (612) 469-6766 q� -ay I • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 135 Caucasian community, African-American community do not have these types of cafes. These are not something that's prevalent to those particular races. This is something that seems to be more isolated to the Asian community, just a straight sit-down cafe. Most of the other things that you find in the Caucasian, African-American, Hispanic community end up serving full meals, offer a full restaurant type of activity. THE COURT: And this is fairly minimal on the food. THE WITNESS: Very minimal. Snack type refreshments, canned beverages. THE COURT: And, obviously, it�s your opinian that more than just singing goes on amongst the patrons at these type of establishments? TAE WITNESS: The businesses that I'm familiar with, yes. THE COURT: Are there a�ot of these type of establishments in Rosemead? THE WITNESS: I've got four active cafes in the city right now. THE COURT: That are similar to what this was? AAA REPORTING (612) 469-6766 q� a�l C� � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 136 THE WITNESS: Yes, sir. THE COURT: Okay. I'm sorry, Mr. Miller. Go ahead and proceed. BY MR. MILLER: Q. Sergeant, showing what has been marked for identification purposes as Exhibit 21, can you please in£orm the court what that is? A. It's a Los Angeles County Sheriff's Department complaint report dated October 21st, 1991, written by Deputy Howell (phonetic) and his partner Birdsaul (phonetic) who are assigned to the sheriff's special investigation unit, Asian crimes. Q. And the contents of this report, this is what happened at the Thien Nga? Is this what it relates to? A. Yes, sir. MR. MILLER: I would offer the exhibit, your Honor. THE COURT: Objections? MR. EASTERLY: Repeat the offer again, please. MR. MILLER: I offer in Exhibit 21. THE COURT: It's an incident report of some kind. MR. EASTERLY: No objections. AAA REPORTING (612) 469-6766 q� -ayl • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. Received. 1371 • • BY MR. MILLER: Q. Sergeant, asking you to continue with that, i£ you would please explain to the court what that refers to. A. On basically the 18th of October of 1991 at 0030 hours in the morning deputies from special investigations unit went into this location. These deputies are assigned specifically to work Asian crimes. The location had been identified as a hangout for Asian gang members, and they went in there to make a check of the location. Deputy Howell (phonetic) who wrote this report was very knowledgeable about this location, also very knowledgeable about the city of Rosemead since he had worked there prior to being assigned to the special investigations. He went in there being knowledgeable to the fact that there was not an entertainment permit for that location and found them operating a karaoke machine inside in violation of city codes. THE COURT: Did it indicate how many deputies entered the premise? THE WITNESS: No. Ae went in -- it -- he indicates in here that it was a routine AAA REPORTING (612) 469-6766 q� a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 138 check, and it was just him and his partner. Also the mayor of Rosemead was present with him at the time they conducted this check. THE COURT: The mayor must be an ex-policeman. THE WITNESS: No. The mayor is very active in the city, though. He likes to get out and see what's going on. BY MR. MILLER: Q. And does it appear that the deputy had a conversation with Mr. Phan? A. In reviewing the report it states that he contacted Phan and advised him of the violation and asked to see his license and that during the course of that reviewing the license, the license only allowed video game machines and that Phan told him that he does not play the karaoke machine on a regular basis. And the deputy went on to say that when he requested him about the banner in front of his business which advertised karaoke, Mr. Phan continued that he only operates the machine on request. And I think that was the end of their conversation. Q. Okay. Are general types of -- are you familiar, Sergeant, with the other general types of AAA REPORTING (612) 469-6766 9� - ay� • � L_J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1391 calls you had received -- your department had received to the Thien Nga? A. Yes, sir, I am. Q. In the city o£ Rosemead is a license holder responsible for the areas under their control? By that I mean both inside the establishment and immediately outside the establishment. A. Yes, sir. Q. Sergeant, showing you what's been marked as City's Exhibit 18 for identification purposes, would you please inform the court what that is? A. This is a department of California Highway Patrol, what is known as a CHP 180 which is used for recovery of stolen vehicles, reporting of stolen vehicles, and this particular one is a recovered stolen vehicle. Q. And where is that at? A. It was recovered at 9241 Valley Boulevard in Rosemead. Q. And where is that? A. That is the location of the Thien Nga Cafe. MR. MILLER: I of£er the exhibit, your Honor. AAA REPORTING (612) 469-6766 9�-ay� i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. FEINWACAS: I object, your i4o� s � I Honor. Relevance. THE COURT: Can you offer proof? MR. MILLER: Your Honor, the sergeant -- this witness has testified the license holders -- business owners are, in fact, responsible for all areas in their control. This goes directly to the ultimate question, it lends to that in that whether or not the health, safety, welfare of the people of the City of St. Paul could be adversely affected. THE COURT: Could you establish some more foundation with the witness as to what connection the location perhaps and what connection the vehicle may have had with the operation of the business? BY MR. MILLER: Q. Sergeant, other than the fact the vehicle was -- does it say where near the Thien Nga it was recovered? A. 9241 would indicate that it was either directly in front on the street or in the parking area. THE COURT: Can you describe what this premises was like? Did it have a parking AAA REPORTING (612) 469-6766 g� ay1 � • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 az 23 24 25 1411 alongside, in back, or in front? THE WITNESS: The premises where the cafe was located is a two-story building with a front park -- limited amount of front parking area and then some street curb parking directly in front of it. THE COURT: What`s the size of a typical city lot in Rosemead? Like 80 feet? THE WITNE5S: They vary. THE COURT: Do you have any idea what this one was? THE WITNESS: It would be just a pure guess on my part, sir. THE COURT: Okay. Okay. Does this report indicate where on the premises the vehicle was recovered? THE WITNESS: No, sir, it doesn't. But it does indicate in a report which goes to the fact of the gang activity and that which I guess will come out that -- this vehicle was an '84 Toyota Celica which is high on our state's stolen list, for one thing. The vehicle was -- came out of Westminster P.D. which -- Westminster, which is located down near Disney Land in what is known as Orange County, is a high Vietnamese ganq area and, AAA REPORTING (612) 469-6766 9� -ay� i C� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 'I 18 19 20 21 22 23 24 25 1421 in my opinion, is directly related to the Asian gang problem at that location. THE COURT: Do you wish to cross-examination for purposes of your objection in this exhibit? MR. FEINWACHS: Yes, your Honor, if I might. THE COURT: Okay. Then why don't you do that. MR. FEINWACHS: The exhibit as I understand it is exhibit -- TAE WITNESS: 18. MR. FEINWACHS: 18, I'm sorry. This car you said it was a Toyota -- THE WITNESS: Toyota Celica. MR. FEINWACHS: Which is a frequently stolen car? THE WITNESS: Yes. It's high on our stolen list in the state of California. MR. FEINWACHS: So a lot of these cars are stolen and a lot of these cars are recovered. THE WITNESS: That's correct. MR. FEINWACHS: And this car was recovered in front of or maybe in a parking lot AAA REPORTING (612) 469-6766 g�-a�� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 143 adjacent to this business; is that correct? THE WITNESS: That's correct. MR. FEINWACHS: What's that got to do with this business? THE WITNESS: The business to my gang investigators, to the city, to the sheriff's department was a known Asian gang hangout. There were numerous incidents that occurred there. The city of Westminster where the vehicle was stolen is a very -- has a very high concentration of Asian gang members and we also have them in the city at various other locations coming from Westminster, which leads me to believe because of how the vehicle was classified, where it was recovered at, and from what city it was taken, that the high percentage would be that the theft was gang related. MR. FEINWACHS: So the theft of the vehicle, in your judgment, was gang related, and did you belief that Asian gang members stole this vehicle? THE WITNESS: Stole it, drove it to the location, dropped it there, and left with other gang members. MR. FEINWACHS: And did all o£ that, AAA REPORTING (612) 469-6766 9� ayi � • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 144 and that somehow relates to this business being -- are you saying that this business was involved in that crime? THE WITNESS: No. I'm not saying the business was involved, but the business drew that type of clientele to where you would find stolen vehicles there. MR. FEINWACHS: So these Asian gang members make it a habit of leaving their stolen vehicles by businesses where other Asian gang members hang out so they can be discovered? THE WITNESS: Sure. For a number of reasons that they steal this vehicle. They use them for home invasion robberies. To not be detected they take them to another place where the gang members hang out, they drop the vehicle, and then leave. MR. FEINWACHS: Okay. So if I understand correcCly, in order not to be detected they stole a very visible, frequently stolen car and took it to a place under police surveillance because it's a problem spot and left it so they wouldn't be detected; is that right? THE WITNE5S: Well, I don't know how fast you report vehicles in Minnesota. I know AAA REPORTING (612) 469-6766 r � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i451 in our case out there that there's times that vehicle is stolen and it's not reported for some period of time. There is a lag time there that would allow the criminal element to go commit a crime, the vehicle not reported stolen, drop the vehicle and leave undetected, and the vehicle may not be reported for six, seven, eight hours. MR. FEINWACHS: Just one more question be£ore I -- THE WITNESS: And this isn't an uncommon occurrence. This happens at other locations within the city. MR. FEINWACHS: Is it possible that somebody stole this car even under this scenario, you know, arranged to meet somebody someplace and this is where they were going to meet and they left the car, and, in fact, it has nothing to do with this business? It was just the rendezvous point or it was just a randomly selected point or we don`t know why it was there? Was it ever -- THE WITNESS: Anything is possible, sir. MR. FEINWACHS: Anything is possible, yeah. I guess, Judge, I just ask for a ruling on the objection. AAA REPORTING (612) 469-6766 9� -ay l � 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: You're objection is 1461 L_J � relevance? MR. FEINWACHS: Yes. THE COURT: It's overruled. The exhibit is submitted. BY MR. MILLER: Q. Sir, showing you what's been marked for identification purposes as City Exhibit 19, would you please inform the court what this is? A. This is again a County of Los Angeles Sheriff's Department complaint report dated August 25th, 1991. Q. And where is the call to? A. 9241 Valley Boulevard in the city of Rosemead. Q. And what establishment is there? A. Cafe Thien Nga. Q. And this is during the time that Mr. Phan was operating the Thien Nga? A. Yes, sir. That`s correct. Q. And was this submitted by one of your deputies? A. Yes, sir. Deputy Tom Witham (phonetic). MR. MILLER: I offer Exhibit 19, your Honor. AAA REPORTING (612) 469-6766 9� -a�►� � �J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 147I TAE COURT: I didn't even catch what � this related to. THE WITNESS: The nature o£ the complaint is assault with a deadly weapon. THE COURT: Okay. Objections? MR. FEINWACHS: Relevance. THE COURT: Well, you make your objections. MR. FEINWACHS: Well, yeah, I would again object on the question of relevance. It seems to be another one of these two guys in a parking lot complaints. THE COURT: Well, again, if your objection would like some foundation, you're free to do that. Otherwise, without objection, if you make no objection I'm going to admit it. MR. FEINWACHS: My objection is relevance, your Honor. THE COURT: And just for purposes of £oundation, Counsel, if you can just relate this to the business activity involved. MR. MILLER: That's what I intend to do, your Honor. THE COURT: Okay. Proceed. BY MR. MILLER: AAA REPORTING (612) 469-6766 9�-a�� C J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 148 Q. Sergeant, does this report indicate where this incident -- where this assault with a deadly weapon occurred? A. Yes, it does. It says in the parking lot. Q. And that's the area that's under the control o£ the license holder at the Thien Nga? A. Yes, sir. THE COBRT: Have you indicated what the weapon was or what the injury was if there was one? THE WITNESS: Weapon was a knife. There was a laceration on the victim's right forearm. THE COURT: All right. Do you have several of these? MR. MILLER: Yes, your Honor. THE COURT: I'm going to suggest that for purposes of expediting this matter that we take a short break, that you and counsel review all of these exhibits that are similar in nature to the last two and see if there is some sort of an agreement you can reach. If not, I assume that they are similar in nature, offenses and calls and the like, and see if counsel can reach an agreement AAA REPORTING (612) 469-6766 9�-aY� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 on either admitting or an objection. I'll rule on them in bulk, i£ that�s agreeable to the counsel, but I'd like to take a short break and let you guys have a chance. I don't want you to commit yourself until you've actually had a chance to review the exhibits individually. All right? Can you do that? So can we do that in ten minutes? MR. MILLER: Yes, your Honor. THE COURT: All right. (Whereupon, a brief recess was taken.) THE COURT: All right. During the break has counsel had an opportunity to review all of the proposed exhibits that are similar in nature that we have discussed prior to the break. MR. MILLER: We have, your Honor. THE COURT: Mr. Easterly, you have had a chance to review them? MR. EASTERLY: Yes, your Honor. THE COURT: Does counsel have an agreement on anything? MR. MILLER: Your Honor, the city is proposing to introduce en mass several items o£ a similar nature and includinq items that have marked for identification purposes as Exhibits 11, 12, 13, AAA REPORTING (612) 469-6766 g� av� • . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1501 14, 20, 22, and 23. THE COURT: Do I understand that they are items similar in nature to Exhibits 21 and 19? MR. MILLER: Yes. The earlier numbers -- the lower level numbers, 11 through, I think it's 14, are from the Cafe Binh Minh, and the higher range numbers are from the Thien Nga. THE COURT: And just for my purposes, Thien Nga is T-I-E-N and N-G-A? MR. MILLER: T-H-I-E-N. THE COURT: T-H? MR. PHAN: Yes, T H. TAE COURT: And the second name is N-G-A? MR. PHAN: Yes. TAE COURT: Okay. And you are offering those into evidence? MR. MILLER: Yes, your Aonor. THE COURT: Objections? MR. EASTERLY: No objection, your Honor. THE COURT: Received. (Whereupon, a discussion was held off the record.) AAA REPORTING (612) 469-6766 q�-ayi � i � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 151 THE COURT: And also for the record, I'm going to also admit Exhibit Number 19 if I didn't already do it. Al1 right? Mr. Miller, proceed. MR. MILLER: Thank vou, vour Aonor. BY MR. MILLER: Q. Sergeant, would it be safe to say you received ca11s -- that your department received several calls to the Thien Nqa? A. Yes, sir. Q. Would you describe for the court, if you would, the level of cooperation you had received from Mr. Phan as far as investigations and trying to clear up problems? A. The incidents were discussed with him by patrol deputies, by detectives, and although he appeared cooperative the problems were not resolved. The efforts to -- were minimal in resolving the issues that were occurring at the business. Q. You talked very briefly -- or testified very briefly that this is kind of a two-story setup, mall-type situation. How would you describe the setup? A. The location of the business was on AAA REPORTING (612) 469-6766 9� -a�� . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 152� Va11ey Boulevard in the city of Rosemead. It consisted primarily of small businesses. It was a two-story operation with a small parking area in the front bordered on the east by a cemetery and on the west by other businesses, and to the north of the location were residential homes. Q. Were you familiar with the hours of operation of the Thien Nga? A. Yes, I was. Q. Do you recall? A. I have them here in my notes. I don't recall just off the top of my head. At the time it was in operation I was. I can tell you -- Q. Would it refresh your recollection to review your notes? A. Yes, I can do that. Q. I'd ask if you'd refresh your recollection. A. The hours of operation were restricted Monday through Thursday from 12 noon to 1 a.m., Friday, Saturday, and Sunday from 12 noon to 2 a.m. in the morning. Q. Are you familiar with the hours of operations of the surrounding establishments? For instance, did they stay open as late as the Thien AAA REPORTING (612) 469-676b 9!o-d5+! � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Nga? 1531 � � A. The businesses in that complex did not. THE COURT: I'm sorry. I didn't catch this. Was this in a mall setting? THE WITNESS: It's a small building complex. It's not even a mall. It's -- THE COURT: A shopping center? THE WITNESS: Yeah, I guess that's what you guys would ca11 it. We just ca11 it a small building complex. It's just a two-story building on, you know, a small commercial lot. THE COURT: But it's freestanding? THE WITI3ESS: Yeah. THE COURT: OkaV. Proceed. BY MR. MILLER: Q. Do you have an opinion as to -- or are you aware of -- when the majority of your officers were called, do you have an opinion or knowledge of the primary focus of the time or period of time of the day or night when they were called to the Thien Nga? Was there one period o£ time more common than the others? A. The later p.m. hours. I would say from 9 until closing time. Q. Based on your experience during the time AAA REPORTING (612) 469-6766 9� dy� • � u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 154 when Mr. Phan operated the Thien Nga, do you have an opinion as to whether or not Mr. Phan maintained control of his clientele? A. My opinion was that the owner of the business had very little control over the clientele. Q. And why do you say that, sir? A. It's been our experience -- and when I say "our", I'm referrinq to the gang investigators that work for me and myself -- that business owners who get extorted have major crime problems at their locations. The reasoning for this is that the criminal element tends to prey on the weaker businessmen who are unwilling to deal with the police, cooperate with the police, or take action when criminal activity occurs; therefore, because of that, you know, it was evident to myself and my investigators that Mr. Phan was not a strong businessman and really didn't have control over his business. Q. Sir, based on your experience, do you have an opinion as to whether or not he maintained control of the areas which were under his direct supervision or direction? A. Again, I'd have to say he did not control AAA REPORTING (612) 469-6766 9� ay� i � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �t. 1551 � CJ Q. Sergeant, are you able -- do you have an opinion as to whether or not -- the calls to the area to the address at 9241 Valley Boulevard, do you know whether or not you can attribute a11 of them to the Cafe Thien Nga or not? A. In my opinion, the majority of the calls to 9241, without sitting and picking through a log of calls during that time period, were in my opinion attributable to that location. Q. Are you saying then that there were calls to that address -- strike that. Are you saying there were not calls to the other establishments in that mall complex? A. There could have been, but without having, you know, a log covering that time period of several years there, I couldn't say, you know, that this business got a call. The majority of calls that went to that location were related to the problems at that location. Q. Okay. Sergeant, let's move on now to the Binh Minh. Are you familiar with that establishment? A. Yes, I am. Q. And do you recall where that is located? AAA REPORTING (612) 469-6766 q�-ay/ � � u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 156 A. That•s at the corner of Helm and Walnut Grove Avenue, 3365 Walnut Grove Avenue. Q. And does the name Don Nguyen mean anything to you? A. Yes. He`s the owner of that location. Q. Do you know how long he's been involved at that establishment? A. Since it opened. Q. Do you know when it opened? A. I don't have the specific date here. Q. Can you describe that general setup or layout? A. That location is basically the same type of operation as the Cafe Thien Nga, and again it, from a law enforcement standpoint, has been an identified Asian gang member hangout. THE COURT: Is that also a karaoke cafe? THE WITNESS: They're in the process of applying for a license now. They were found operating without the appropriate license also. THE COURT: What was it before? THE WITNESS: Basically a ca£e with just music and a coffee shop, non-alcoholic AAA REPORTING (612) 469-6766 9�-ayl � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 beverages, sir, snacks and -- THE COURT: Okay. �5�� . � BY MR. MILLER: Q. And, 5ergeant, you talked about -- just now about the operation of karaoke without a license. I direct your attention to what's been admitted as City Exhibit 12. Please inform the court what that is. A. It's the County of Los Angeles Sheriff's Department complaint report alleging license violations. Q. What type of license violations? A. Operating entertainment without a license, operating a karaoke machine. Q. And does it make references to who was in charge of that establishment? A. Yes. Suspect one listed is Don Nquyen and suspect two is Ha Tran (phonetic). Q. Thank pou. Sergeant, directing your attention to Exhibit 11, would you please describe to the court what is contained in that document? A. It's a memo from Detective Valenzuela who works for me to Sergeant Schaub of the St. Paul Police Department, and it's regarding Don Nguyen, the owner of Binh Minh, and Duong Phan who was the AAA REPORTING (612) 469-6766 q�-a�� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �5$ owner of Ca£e Thien Nga. Q. And would you please describe for the court what's contained after Page 1? A. Okay. After Page 1 is an incident report which Deputy Valenzuela obtained indicating calls to that location. It's a sheriff's department report and basically details the tag numbers, which is the number assigned to each call or action taken by a sheriff's unit during the course of the day. It also indicates the date and year that it occurred, location of and type of action taken. Q. And what time frame is that for? A. It's starts on the 14th of January 1993 and runs through the 24th of June 1995. Q. Would that list be exhaustive, meaning of all the calls to that address, or would there be other sources to determine the number of calls to that address? A. This would list everything to that address that was entered into the computers on the car where a tag was obtained. Q. And have you had the opportunity to work with applicant -- or our applicant Don Nguyen? A. The investigators from my unit along with Civilian Investigator Willkomm have had numerous AAA REPORTING (612) 469-6766 S�-ay� � 1 2 3 4 5 6 7 8 9 10 11 12 ` 13 14 15 15 17 18 19 20 21 22 23 24 � 25 159� contact with Mr. I3guyen. Q. Are you familiar with the types of calls your department has received to that establishment? A. Yes, I am. Q. And could you briefly recount the types? A. They run the spectrum from assaults; batteries; stolen vehicles at the location; 415 gang members, which means disturbance with gang members involved; business disputes; thefts. I believe there's been several robberies there and shots fired on several occasions. Q. Could you describe the level of cooperation that the Los Angeles County Sheriff's Department has received from Don Nguyen in investigating these incidents? A. During the course of the investigation on some of the incidents he's been slow to report them. They've occurred maybe earlier in the day and we don't get the report until a little later. The -- we have offered, as part of your community-oriented policing, to assist him with providing measures to improve his business. We have offered him -- invited him to our business watch program which addresses business problems and gives owners solutions to their problems. He's AAA REPORTING (612) 469-6766 g�-a�� G � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 160I failed to attend and has been unwilling to take part in anything that would make his business better. Q. You testified previously about Mr. Nguyen being cited £or operating entertainment without a license; is that correct? A. That's correct. Q. And has he, in fact, obtained an entertainment license at this time? A. That matter is before the Rosemead City Council. It's going for approval this coming Tuesday. Also, there's a matter regarding licensing that just came up where he was found with an additional video machine over and above that which is allowed under his license. Q. What do you mean by "video machine"? A. Many of these Asian cafes have sit-down video machines, which is part of the attraction to them. That machine, under their general license they are permitted three inside the location. Anything over three requires an additional entertainment permit, which he does not have. He was found with a fourth machine inside his location. Q. Now there's been lots of testimony about AAA REPORTING (612) 469-6766 C 'l(� �c3� � • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1611 these two karaoke establishments. Are these -- would you categorize them as either as adult or family-oriented establishments? A. Adult oriented. Q. Based on your experience, are you able to give an approximation as to the percentage of calls to the surrounding establishments which might be attributed to either the Thien Nga or the Binh Minh? A. That issue was addressed with my personnel. I tried to solve some of these problems, and as near as we could estimate 25 to 50 percent of calls to surrounding businesses, residents bordering these locations were attributed to these locations. Q. And how did you and your other deputies or whoever come to this determination? A. By reviewing patrol unit logs, looking at the nature of the calls received. Many times they were suspicious people in vehicles. When checked by deputies they would be -- the notations from the deputies would indicate that they had been a patron at such and such a location and were in their car leaving or they had left that location and were on foot wandering through people`s yards, or when AAA REPORTING (612) 469-6766 q� ayi � � ` J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 1621 stopped for vehicle code violation they would indicate that they had been at that location. Q. Does -- the way that Don Nguyen has operated the Binh Minh, has that and does that cause you concern for the health, safety, and welfare of the citizens of Rosemead? A. Yes, it has been. Q. And why is that, sir? A. Because it's evident to the law enforcement people who have worked with him and been reported to me that it's apparent that he does not have control over his business, he's unable to control it, the clientele remain the same, the same problems have existed, and when of£ered to help he`s been basically unwilling to take advantage of it and do anything to resolve the problems. Q. Sergeant, I'm showing you what's been marked for identification as Exhibit 16. Would you please tell the court what that is? A. It's a staff report Mr. Tripepi, the city manager, to the mayor and council members of the city of Rosemead recommending that they grant approval for an entertainment permit to Cafe La Rose. Q. And I thought you testified that that did AAA REPORTING (612) 469-6766 96 • 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not happen -- or excuse me. You're talking La Rose. I'm sorry. When is this dated? A. This particular item is dated May 3rd, 1631 � � 1993. Q. And the Cafe La Rose is what used to be known as the Thien Nga; is that correct? A. That's correct. Q. And this is also in reference to the person who purchased the establishment from Mr. Phan? A. Yes. It's referring to Mr. Thanh Su who became the owner of the business. MR. MILLER: I offer Exhibit 16, your Honor. THE COURT: Objections? MR. EASTERLY: No objections. THE COURT: Received. Tell me again -- remind me again, what was the date in which Mr. Phan left the ownership and was no longer involved in the ownership? THE WITNESS: When he £inally was out of the business was May o£ '93. THE COURT: Okay. BY MR. MILLER: Q. Showing you what's marked for AAA REPORTING (612) 469-6766 9�-ayl � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 identification purposes as Exhibit 15, would you please tell the court what that is? A. This is the County of Los Angeles memorandum from Detective David Wibert (phonetic) to myself regarding his knowledge and incidents occurring at the Cafe La Rose in the city of Rosemead. Deputy Wibert is a 20-plus year veteran of the sheriff's department and a very experienced investigator who was assigned to the station's night detective unit and was on duty and responded to many of the incidents at the Cafe Thien Nga or Cafe La Rose, and Deputy Wibert also had contact with the owner, Mr. Phan. THE COURT: And what is the date of the incident that he addresses in this report? THE WITNESS: He's addressing his contacts and incidents that he was aware of during his time of duty as the night detective basically laying out the contacts and incidents he had as he could recall. 1641 � � THE COURT: For what period of time? THE WITNESS: This would be back -- he was assiqned to the detective car up until -- or night detective car up until late '94, so he was AAA REPORTING (612) 469-6766 q�-��/ � 1 2 3 4 5 5 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 working the night car during the period Mr. Phan owned that location. THE COURT: What's the date of 165� u � this? TFIE WITNESS: This memo was dated just 1-15. I asked him to write that to me regarding his contacts with the business owner. THE COURT: 1-16-95? THE WITNESS: 1-16-96. THE COURT: '96? THE WITNESS: I asked him to write that just before I left to come back to substantiate what the problems were there. THE COURT: It's not in connection with a specific investigation? THE WITNESS: No. This was related to -- THE COURT: At your specific request? THE WITNESS: -- the contacts he had during the time there. THE COURT: Okay. BY MR. MILLER: Q. Basically is this information that he had shared with you previously? AAA REPORTING (612) 469-6766 9� ay� � � s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, it is. Q. And simply substantiates some of what you've testified to today? A. That's correct. Q. Would it be fair to say that he had more direct face-to-face contact with Mr. Phan than yourself? A. That's correct. Q. And how does he describe the level of cooperation Mr. Phan had with him? THE COURT: Maybe you want to offer this first? MR. MILLER: I would offer Exhibit 15, your Honor. MR. EASTERLY: It's okay, your Honor. THE COURT: I'm sorry? MR. EASTERLY: Yeah, it's okay, THE COURT: No objection? MR. EASTERLY: No objection. THE COURT: Received. BY MR. MILLER: Q. Detective Wibert indicates in here that on several visits with the owner he advised them, the detectives, that certain gangs were extorting .., AAA REPORTING (612) 469-6766 9�-�y/ . � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 167 him, and he stated that he would be cooperative in getting them arrested, but he never did come through with information on the extortions. He later advised the detectives that he wanted to sell the place and move to a sa£er area. Q. And he apparently did that? A. He did that. Q. And in this report does Detective Wibert also substantiate the types of calls to the establishment? A. Yes, he does. MR. MILLER: I have nothing further, your Honor. THE COURT: CTOSS? MR. EASTERLY: Yes, your Honor. Thank you. CROSS-EXAMINATION BY MR. EASTERLY: Q. Sergeant Wallace, just a couple o£ things. You have been involved -- I think you may have told us, but just to refresh my memory -- in your community for how many years? A. I have been assigned specifically to the city of Rosemead for a little over four years. I've been assigned to Temple Station out of my 19 AAA REPORTING (612) 469-6766 9� �t i � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years 8. 1681 � • Q. Do -- in your opinion, do you enjoy a good working relationship with the city government of Rosemead, the licensing folks? A. Very good. Q. And you've stated that, in your opinion, this business was -- I believe your words were "a problem location," correct? A. That's correct. Q. Sergeant, isn't it true that the city of Rosemead has never revoked the license of any of the businesses that we're talking about, the Binh Minh, the La Rose, the Thien Nga, at this location? A. Not either of those locations. We've taken the license of similar businesses. Q. We're talking about this business's location. A. No. We haven't pulled the license on it. Q. And these various named businesses have applied for these karaoke licenses and been granted, and I believe in the most recent case one is recommended for approval and it's pending and they've been licensed for this karaoke stuff; is that correct? A. After they were caught operating without AAA REPORTING (612) 469-6766 9�-ay� � � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 169 a license. Q. Granted. After they -- A. They were. But I also must add to that the fact that Mr. Phan sold his business, and prior to us taking any administrative action, had he not sold his business when he did, he was on the verge of going to administrative hearing with the city, but it didn't happen. Q. It didn't happen? The city never took him? A. No. Q. The city never acted? A. No. Q. Sergeant, you -- in talking about the community of Rosemead, I believe you said of the demographics, the city is about 50 percent Asian? A. That's correct. Q. That would make the Asians actually the majority as opposed to a minority in that community, correct? A. Yes, sir. Q. And in a community -- I'm assuming there's some ethnic relationship. You would expect that the people in the majority would be the people most frequently involved in crime, wouldn't you, in AAA REPORTING (612) 469-6766 9�—�y � i � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ��o� your experience as a police officer? A. Probably. Q. Sergeant, let me ask you, are you familiar with the demographics of St. Paul, Minnesota, versus the city of Rosemead? A. No. Q. We have heard testimony -- I guess before we go into that I want to ask you something. I'm curious. You had stated early on in your testimony that these kinds of karaoke cafes are a place where southeast Asians come and meet one another and drink coffee and plan crimes. I believe that's what you said? A. That's correct. Q. Can you explain for us how a karaoke machine is required to assist in the planning of a crime? A. I said karaoke establishment referrinq to that type of a cafe. I'm not saying that the machine was related to the crime. Q. Is it easier for them to plan a crime in an establishment that has a karaoke machine or a cafe that has a karaoke machine as opposed to a cafe that does not have a karaoke machine? A. Well, I'd say that, you know, they could AAA REPORTI23G (612) 469-6766 9�-ayi i � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �� plan a crime wherever they wanted to. I doubt that the karaoke machine is gonna be the major contributor to the -- Q. Do you think it's any contributor to the -- to the ability of people who are intent on planning a crime? A. Maybe a very small percent. Q. And do you have any theory about how that small percent might work? A. Sure. The fact that most of these establishments are small, you put a karaoke machine in, you get one group over singing, and you get your crooks over at another table, they're able to discuss their plan without it being heard. Q. oh, so it would mask the conspiracy? A. Yeah. Q. And piped in music would probably do that as well? A. It could. Q. Which is not a licensed activity? A. Yeah. I just want to -- because we have this kind of pile of incident reports, and just so we're using the same language because we talked about strip malls, this address we're talking about, 9241 Valley Boulevard in Rosemead -- AAA REPORTING (612) 469-6766 9� ayJ � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Uh-huh. Q. -- this is a location where there are a number of businesses which have a common parking lot? 1�2� � � A. That's correct. Q. And the parking lot is available to any of the businesses? A. That's correct. Q. Do we have specific information about the computer printout to show that whoever was involved and whatever activity, which particular business they had just come from or were going to or were affiliated with or is it just the address of the parking lot? A. That printout would show the address of that facility. That facility was numbered. Q. The entire facility: A. Yeah. It was numbered, and then it had a unit number to go along with it. Q. Okay. The Exhibit 16, the memorandum dated 1-16-96 written to you by Detective Wibert, it discusses the owner and it says, "He was cooperative with us"? A. He was cooperative from -- Q. I'm just asking what it says. It says, AAA REPORTING (612) 469-6766 9!0 -� y� i �J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 173 "He was cooperative." It doesn't say he promised to be cooperative, but it says he was cooperative. Is that what it says? A. That's exactly what it says. Q. Okay. Thank you. I'm also again better understanding the business, which I think is important. This type o£ business serves iced coffee. Arguably, depending on the argument here, it has a machine which provides background music to which people sing over, if that's what karaoke is. And we've heard testimony that food items, at least here, might be served that required minimal preparation like microwave cooking, but there's no kitchen kind of facilities. Is that an accurate description? A. I think we referred to them as snacks. Q. Snacks? Okay. That's an accurate description of what went on in the California location? A. That and sit-down video machines. Q. And what is the nature of these video machines? Are these like games that you play? A. Yeah. Like Rung Fu Fighter and -- Q. Okay. So things you put a quarter in and two cartoon guys come out? AAA REPORTING (612) 469-6766 9�-d�� . � � 1 2 3 4 5 6 7 8 9 io ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1�4 A. Yeah. Q. You stated that the nature of this business was adult oriented. Could you explain why you believe those activities are adult-oriented activities? A. The majority of the people that we found in there, found at the location, were boyPriend/girlfriend. You didn't see mom and dad and the three kids in there. The business wasn't -- didn't have that type of draw. There was nothing to bring the family in there. It was a night out, more of a night club atmosphere of going in and sitting with your friends or going in and meeting with three or four buddies and sitting down. It wasn't conducive to bringing in a family atmosphere. Q. So it's more of a social thing as opposed to a place that a husband and wife might take their children for dinner? A. Exactly. Q. But it's not adult in the sense of an adult bookstore where you ought to be 21 to be drinking iced coffee or playing a video game or that kind of thing? A. We put an age restriction after 10 AAA REPORTING (612) 469-6766 g� -a�i � . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 175 o'clock that anyone under the age of 18 had to be accompanied by a parent or a legal guardian. Q. Particular to this type of business or in general? A. It's in the conditions that -- Q. It's one of the license conditions for this type of business? A. Yes. Q. Now you stated that Mr. Phan was uncooperative with the police because apparently there were these problems going on near him. Isn't it true that he hired private security guards in an attempt to provide a safer environment for his own business? A. He had private -- as part of his licensing condition he was required to have them during certain periods of time, and as indicated in Detective Wibert's memo here, Detective Wibert discussed the fact that -- in here the owner always said he would get better security to stop the problem, but he never did. Problems with juveniles, drinking violations, and fights at the location continued, and the owner would say he was unable to provide better security or to solve any of the problems due to lack of money. �I AAA REPORTING (612) 469-6766 y�-a4r � � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 176� Q. Now, Sergeant, I guess the question I have is, does that indicate that he failed to hire the off-duty policeman and the security folks that he hired or that he simply wasn't able to solve the criminal activity in the area? A. He wasn't able to control the problem at his business. Q. Let's deal with that for a moment. You characterize Mr. Phan as a-- as what I believe you say a weaker businessman, the kind of person who becomes the victim of extortion. I think those were your words or has been. A. That's correct. Q. And you would prefer a stronger business person in this kind of setting; is that equally correct? A. My preference is someone that is willing to take control of their business. When there is a problem show a willingness to work with the police, contact the police on an immediate basis instead of allowing these problems to perpetuate as they did in this case. Q. Now you said that you had invited -- I believe invited was the word you used -- Mr. Phan to attend some seminars or gatherings or kinds of AAA REPORTING (612) 469-6766 9b -a�i • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1�7 educational functions to learn how to be a better business guy? A. Mr. Nguyen. Q. Mr. Nguyen? I'm sorry. Okay. And so you had invited him to attend these things. Was there some obligation imposed by law that required him to go to these things? A. No. As I said, we invited him. Q. And so you perceived that his failure to attend is what constitutes the uncooperative attitude, because if he had been cooperative he would have gone? A. That's basically correct. g. Did you consider it a slight to police authority that he didn't show up? A. I didn't consider it a slight, but it concerned me from the fact that we had -- we have discussed the problems with him on numerous occasions, we have tried to offer solutions, and it is apparent to myself and other people at the station who are assigned to work these type of locations that he's not real interested in solving the problems there. Q. Because he didn't attend these? A. We've offered on a number of occasions. AAA REPORTING (612) 469-6766 9� -ay� � i 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 . 25 That's correct. You know, we're offering him solutions trying to do something, trying to work with him. You know, it's the city's positions that's given to me to encourage business, not discourage it, and -- but the business remains a problem, and when you try to offer a solution and nobody comes, you can only form one opinion. Q. I'm curious just for our knowledge and I guess for future operations here, what do you recommend a strong business owner to do? What constitutes a strong business owner? i�al A. Our opinion of a strong business owner is one who is willing to confront the problems instead of allowinq them to perpetuate, one who is willing to work with people in the community to solve these problems, and that's what we're looking for, someone who takes a proactive stance in dealing with things instead of a reactive. Q. And hiring security is reactive in your A. It's not totally reactive, but a lot of the times it's been our finding that the security provided at these locations is minimal or is not able to confront the problems. Q. Now you had talked about the most recent AAA REPORTING (612) 469-6766 9�-a�� . � C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1791 owner and made a statement that, in fact, this person was thinking about -- I believe the word you used was "moving to a safer area"? A. No. I was referring to Mr. Phan in here. Q. Oh, I'm sorry. Mr. Phan has said he would -- what he would like to do is move to a safer area? A. Yeah. That's what he told Detective Wibert. Q. But, again, because you don't have the demographics, you couldn't of£er an opinion as to whether you would consider St. Paul a safer area than Rosemead? A. I couldn't be a judge of that. I like it. I might stay here. THE COURT: You should check our homicide rate be£ore you do that. (Whereupon, a discussion was held off the record.) BY MR. EASTERLY: Q. There had -- and I will be brief. I promise. There seems to be sort of a cultural relationship here, because we talked about providing a gathering place for Asians. For the record, do you believe that a business which serves AAA REPORTING (612) 469-6766 9�-ay� � • C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �I or has as an effect of its doing business the outcome that Asians, Asian American, Southeast Asians, whatever you want to refer to the cultural heritage as, gather. Do you see that as a detriment to a community? A. The only time I see it as a detriment is when that business demonstrates that the activities occurring there are a detriment to the community. Q. So, in other words, if there were crimes being committed on the premises of a business. I mean, obviously if a business was unlawful. But if it had as its customers a certain ethnic group and it was exclusively -- A. No. A certain ethnic group is not -- you know, that's not -- definitely we're aware as a city that with a majority Asian population that many of our businesses are going to be Asian. Q. An additional item. You mentioned that a great deal of trouble or police calls probably occurred in the evening hours from 9 p.m., say, into the later hours; is that correct? A. That's correct. Q. Based on your experience as a law enforcement officer, isn't that pretty much universally true? Don't you have more trouble at AAA REPORTING (612) 469-6766 9!o-�`f1 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lsi night than you do during the day? A. I would say yes. Q. And just to be per£ectly clear, when Mr. Phan was told in Rosemead that he required a license to operate a karaoke machine, he applied for such a license; is that correct? A. Yeah. Q. And was granted such a license? A. Several months down the road after he was found in violation. Q. Is there any mechanism in the municipal code for anyone to operate a machine pending the processing of a license? A. No. MR. EASTERLY: I don't think I have anything else, your Honor. THE COURT: Okay. Anything £urther, Mr. Miller? REDIRECT EXAMINATION BY MR. MILLER: Q. Sergeant, do you have any problems with members of the Asian community gathering in a particular spot for any reason? A. No. Q. Counsel talked about as a general rule AAA REPORTING (612) 469-6766 9c�-ayl � i i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �� that from 9 p.m. to whenever, the nighttime hours are more likely -- there's more likely to be crime; is that correct? A. That's correct. Q. Do you recall when the Thien Nga was operating the times that the surrounding businesses would close? A. To the best of my recollection, the majority of them closed early, and early I would say by 6 p.m. Q. What about presently at the Binh Minh, the surrounding establishments, approximately what time do they close? A. There's a little market in that complex that I believe closes at 10, and there's a laundry mat that is open 24 hours. Q. And how are you able to attribute -- I guess I won't -- it goes beyond cross. MR. MILLER: I have no further questions. THE COURT: Any cross? RECROSS-EXAMINATION BY MR. EASTERLY: Q. Just a final point. The businesses which are open late -- if crime is more likely to occur AAA REPORTING (612) 469-6766 9� a�� • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � late, businesses which are open late simply are open when crime occurs as opposed to are the cause of crime; isn't that correct? A. That's a theory. Q. Do you have any information in your position to refute that theory? A. No. Q. Okay. Thank you. A. No. Just personal opinion. THE COURT: Anything further? MR. MILLER: No, your Honor. THE COURT: Do I take it that you have not had any personal contact with either Mr. Phan or Mr. Nguyin? THE WITNESS: It's not my position, your Aonor, to go out and deal with the businessmen. THE COURT: That's what I thought. I just wanted to make sure. So all of your testimony is based upon the business records of the sheriff's department and others that you have had an opportunity to review here today? TAE WITNESS: That's correct. THE COURT: Review prior to here today? AAA REPORTING (612) 469-6766 g�� u � J . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 184 THE WITNESS: And what's brought to me as the supervisor. THE COURT: All right. Okay. In the course of reviewing the records at the sheriff's department, was there any other -- was either of these two applicants here, either Mr. Phan or Mr. Nguyen, ever charged with a crime that you're aware of? THE WITNESS: Violation of -- THE COURT: Or convicted of a crime? THE WITNESS: No, I don't have a conviction or printout showing that they vaere convicted. I know that they were both charged with misdemeanors for violation of code violations for not having the appropriate licenses, which you have a copy. THE COURT: But I take it -- right. But I take it that whether they had three video machines or four is not the sheriff degartment's primary concern about the operation of this business? THE WITNESS: No. THE COURT: And whether they had a license to have a karaoke machine or not is also AAA REPORTING (612) 469-6766 9�-ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 185 not one of the primary concerns of the sheriff -- that the sheriff had about the operation of this business? THE WITNESS: It's not a primary concern, no, but we address all aspects of the law. THE COURT: I have no questions. Gentlemen anything? MR. MILLER: Yes. FURTHER REDIRECT EXAMINATION BY MR. MILLER: Q. You just testified upon the judge's questions that whether one establishment had three versus four video machines or someone is operating karaoke machines without a license is not your primary -- not necessarily your primary concern. What was your primary concern about these violations? A. My primary concern was -- you know, you go in and you find the violations. It's our job to enforce the law and take necessary action. In the case where they're over a video machine it requires another license, and basically it's our opinion that when those type of violations occur it's done in an attempt to circumvent purchasing another AAA REPORTING (612) 469-6766 9�-ayi � • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �� license, because once you go over three video machines it requires a different license to operate. And it's a means -- the video machines have a high-end profit on them, and by putting in a fourth machine without paying for a license, again it's just a way to obtain additional profits. But our main concern with these locations and entering has been the known and documented Asian gang activity which centers around these locations. MR. MILLER: Nothing further. THE COURT: Anything? MR. EASTERLY: If I may collect my thoughts for a moment here. (Whereupon, a discussion was held off the record.) MR. EASTERLY: No, I don't have anything further. THE COURT: Okay further. Thank you, Sergeant. coming. I have nothing We appreciate your THE WITNESS: Well, thank you. It's been my pleasure. In fact, I've enjoyed my stay. THE COURT: I'm sorry we couldn't have given you a different type of storm than the AAA REPORTING (612) 469-6766 ��-ay1 ! C� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one we gave you here. Let's just take five. (Whereupon, a brief recess was taken.) THE COURT: Mr. Miller, you have something further? MR. MILLER: Your Honor, to show that there has has been compliance with the rules of the Office of Administrative Hearings, I would offer at this time Exhibits 25 through 31 which basically consist of correspondence between my office and counsel. THE COURT: Do you have in there included the notice to Mr. Phan of this hearing? MR. MILLER: Yes, there is one that we -- it's actually to his counse2, and I believe it is dated -- yes. December 21st is the date, your Honor. THE COURT: All right. All right. Gentlemen, any objection? MR. EASTERLY: One moment, please. These exhibits are? MR. MILLER: 25 through 31 they're in chronological order, I hope. THE COURT: Objections? I hope �8�� AAA REPORTING (612) 469-6766 y�-ay i i � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �8$ MR. EASTERLY: Not at the moment, your Honor. I£ you give me one moment just to glance at these to make sure that we are in receipt o£ them. THE COURT: Mr. Miller, is the notice? MR. MILLER: Now which one of these, The notice of the hearing? THE COURT: The notice of council hearing. Which one of these is the notice of this hearing, though? MR. MILLER: Actually, I don't have a copy. THE COURT: Oh, I got it, MR. MILLER: December 21st. THE COURT: I got it. The 29th. MR. MILLER: 29th. MR. EASTERLY: I think they're all in order, and no objection, your Honor. THE COURT: Okay. Received. MR. MILLER: Your Honor, before I rest, I will just inform the court for administrative purposes that we did not offer Exhibit 24. THE COURT: All right. Nothing AAA REPORTING (612) 469-6766 q��Y� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 £urther. � � � MR. MILLER: I have nothing £urther, and the city will rest at this time. THE COURT: Okay. Let's take a short break. (Whereupon, a brief recess was taken.) THE COURT: Okay. Mr. Easterly, are you prepared to present your case? MR. EASTERLY: Yes, your Honor. THE COURT: Proceed. MR. EASTERLY: Thank you. I would like to call as the applicant�s first witness, Mrs. Jeanne -- or Jeanne Hines. THE WITNESS: Jeanne, would you mind coming forward? JEANNE HINES, having been first sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows: THE COURT: Please be seated. Will you state your full name, please? THE WITNESS: Jeanne Hines, J-E-A-N-N-E, Hines, H-I-N-E-S. THE COURT: Your home address? AAA REPORTING (612) 469-6766 9� a�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: 1287 Sherburne Avenue, St. Paul 55104. THE COURT: Thank you. Mr. Easterly? DIRECT EXAMINATION ,•, � � BY MR. EASTERLY: Q. Ms. Hines, where were you born? A. Alexandria, Minnesota. Q. And where are you living at the moment? A. At 1287 Sherburne. Q. 1287 Sherburne? A. Uh-huh. Q. And how long have you lived at that location? A. It will be four years in June. MR. EASTERLY: And, your Honor, if I may I guess I could go to the black board. It maybe helpful, and I'll speak for the record just to make sure everyone understands. BY MR. EASTERLY: Q. Sherburne, I believe, is the next street over from University? A. One block north. Q. However, I believe there is an alley that services the businesses -- AAA REPORTING (612) 469-6766 9�-a�t1 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 191� A. Yes. Q. -- from their rear entrance between (inaudible) and Sherburne? A. Yes. Q. So Sherburne runs east and west parallel to University -- A. Right. Q. -- to the north? And the nearest corner to you I believe is Syndicate? A. Right. Q. And if I'm correct, the applicant's business is located as the next building over -- A. Second. Q. The second building over -- A. Right. Subway is on the corner. Q. Subway, and then right next to Subway is the applicant's building? A. Right. Q. Right here (witness indicates), which is 1275 -- A. Right. Q. -- University? 1275 University? A. Uh-huh. Q. And you are the next street over, and this is Syndicate {indicating), this is University, AAA REPORTING (612) 469-6766 g�-a�� ! . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,�� and I believe you also are the second house from the corner; is that right? A. Right. Q. And you've already given the number there. So you frequently pass through this area, I take it -- A. Right. Q. -- going to and from home to work? A. Right. Q. All right. Now, Ms. Hines, you signed a statement, I believe, along with other neighbors in the neighborhood concerning the establishment of this business, did you not? A. Uh-huh, yes. Q. And -- A. Well, my husband signed it, but I was there when he signed it. Q. Very well. MR. EASTERLY: And i£ I may, your Honor, introduce this as Applicant's Exhibit Number 4? BY MR. EASTERLY: Q. So you brought your copy along with you? A. Yes. Q. And is this that same copy? AAA REPORTING (612) 469-6766 9� a yl CJ • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 193 MR. EASTERLY: Counsel, I believe it was provided to you earlier along with information that was taken to the council hearing. Your Honor, I have not yet 1abeled that as Exhibit Number 4-- Applicant'a Exhibit Number 4. BY MR. EASTERLY: Q. And could you point out which page for the judge your signature appears on? A. Four -- Page 4 of 5. Q. Page 4 of 6? A. Yes. Q. And which signature is yours? A. Well, the bottom one. Q. Okay. Now actually I think your husband also signed -- A. That's his signature. Q. Your husband has signed? A. Yeah. I can't read his writing either. Q. But you concur -- but you concur with your -- A. Yes. Q. That's his signature? A. Yes. Q. And you noted on that form, I believe, that you are the neighborhood block president? AAA REPORTING (612) 469-6766 9�-a,y � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Uh-huh. Q. Is that correct? A. Yes. Q. Would you mind reading for us at this time the statement which you signed? A. You want me to read that whole page? Q. I think you can just begin -- THE COURT: Well, I can read the �� • �J document. MR. EASTERLY: It doesn't need to be read in the record, your Honor? THE COURT: It doesn't need to be read in. MR. EASTERLY: Very good. BY MR. EASTERLY: Q. One of the earlier witnesses stated, I believe, that one of the main reasons for recommending denial of this license, as most business licenses, is complaints of neighbors or residents in the area. Do you have any objections to this business, the Ca£e Karaoke Do Thanh, being located in your neighborhood? A. No. Q. Have you made any complaints to the mayor at any time about operations of this business that AAA REPORTING (612) 469-6766 9!0 �^d�1/ � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 195 was open when it was open during July and August of 1995? A. No. Q. What about to the police? A. Nope. Q. Or the license office? A. No. Q. Are you aware as block president of any complaints of any other neighbors? A. None has come to my attention, no. MR. EASTERLY: I have no further questions. Thank you. THE COURT: Are you offering Exhibit 4? MR. EASTERLY: Yes. At this time may a introduce into -- THE COIIRT: Now are you offering just this one page or are you offering these multi pages? MR. EASTERLY: I am offering the collected statements of the neighbors into evidence as a total of -- excuse me, your Honor. Neighborhood statements are Pages 1 through 4-- or 1 through 5; is that correct? THE WITNESS: Yes. AAA REPORTING (612) 469-6766 96-aY� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 196 MR. EASTERLY: Yeah. And then the others have been appended for other supports of the business, so if I may introduce -- THE COURT: Okay. Mr. Miller, do you have a position on this? MR. MILLER: I would object, your Aonor. I really don't have much of a problem with the first five pages, and I suppose I don't even have -- I don't have have an objection with respect to the first five pages, but to the last two pages I don't know of any foundation that's been laid at this point with respect to these two items. I would waive any foundation objections with respect to the first five pages, but foundation is apparently lacking on these. THE COURT: The first five pages includes the -- this list of names? MR. MILLER: That's correct. THE COURT: You have no objection to those? MR. MILLER: I have no objection to the first five, your Honor. THE COURT: Okay. And so the first five pages of Exhibit 4, they'l1 be admitted. As to the last two pages, Mr. Easterly, can you -- do AAA REPORTING (612) 469-6766 q�-ay� ` J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 197 you plan to lay additional foundation other than through this witness? MR. EASTERLY: Yes, your Aonor. TAE COURT: Is it possible to separate those out and offer them separately? MR. EASTERLY: Yes, it is, your xonor. It would be more convenient for the hearing to remove the last two. That would be the affidavit of Mr. Her Vang and the welcoming statement of the Office of Ramsey County Community here. THE COURT: If it's okay with you I'll remove those two, and if you could offer them through a different witness, perhaps it would be more appropriate. All right. Then Exhibit 4 is received as modified. MR. MILLER: And you were done, correct? MR. EASTERLY: That's all I have. Thank you. CROSS-EXAMINATION BY MR. MILLER: Q. And it's Ms. Hines or Mrs. Hines? A. Mrs. Hines. Q. Okay. So you yourself did not sign this; AAA REPORTING (612) 469-6766 9�-a�i � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 198 is that correct? A. Right. Q. Are you aware who it was who brought this petition around to be signed? A. I believe it was (witness indicates) -- I don't know how to pronounce it. Q. Mr. Phan? You're identifying Mr. Phan as the person who brought it around? A. Yes. Q. Did Mr. Phan inform you that -- do you know when this was brought around for signing? A. I couldn't say specifically. I looked for a date on there, and I couldn't find one, but . . . Q. Could you say summer or fall or winter? A. I-- I don't -- I couldn't. Q. Are you aware that -- or were you informed -- when your husband signed this, were the two of you informed that there had been guns in the establishment at 1275 University? A. No. Q. And had you been aware that the police had had to have been called to escort some people who had been threatened, to escort them out of the establishment? Were you aware of that before you AAA REPORTING (612) 469-6766 9� a�1 i � M 1 2 3 4 5 6 I 7 , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �.. signed this? A. No. Q. Were you aware when you -- your husband signed this that Mr. Phan had operated a similar type o£ establishment in Cali£ornia? A. No. Q. Were you informed that Mr. Phan had had some licensinq problems in California? A. No. Q. Would it be a normal course of events if people were to lodge complaints or £i1e camplaints with the mayor's information and complaint office to go through you as a leader -- block club leader? A. No. Wait. Could you repeat that? Q. Would it be a normal course of event for people who file complaints with the mayor's information and complaint office or, in fact, with the licensing department to go through you before they file? A. No, no. MR. MILLER: I have nothing further, your Honor. THE COURT: Anything further, Mr. Easterly? MR. EASTERLY: Yes. Thank you, your AAA REPORTING (612} 469-6766 9�—a�� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. zoo� • l J� REDIRECT EXAMINATION BY MR. EASTERLY: Q. Mrs. Hines, to refresh your recollection, do you recall whether it was sometime before or after Thanksgiving -- A. Oh, it was before. Q. Before Thanksgiving? A. Yes. Q. And was it after Labor Day? THE COURT: That she signed the petition? MR. EASTERLY: Yes. BY MR. EASTERLY: Q. When was it that you first saw the petitioner? Was it after the summer? A. All I-- that part I don't -- I know it would be before Thanksgiving, but as far as a specific time, no, I really can't say. But I do know it would have been before Thanksgiving. That I remember. Q. Having attended this hearing and having waited very patiently to be called as a witness, has your opinion changed about your support of this business at this location today? AAA REPORTING (612) 469-6766 q� a �i • i • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2�1 A. No. MR. EASTERLY: Thank you. No further questions. THE COURT: Anything further? MR. MILLER: Yes. THE WITNESS: I'm sorry. MR. MILLER: That's okay. RECROSS-EXAMINATION BY MR. MILLER: Q. So there's nothing about the fact that there's been testimony that guns were in the establishment and that Mr. Phan didn't report that to the police until a day or two later that concerns you about this establishment? A. Well -- MR. EASTERLY: Object as a matter of form, repetitive, your Honor. THE COURT: Overruled. You can answer. You have to complete your question, I think. BY MR. MILLER: Q. As a result of the testimony that you've heard with respect to the fact that there was testimony that four or five guns had been seen in the establishment and that Mr. Phan did not report AAA REPORTING (612) 469-6766 9� a�r • i . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2�2� that to the police until a day or two later, there's nothing about that that concerns you? A. Well, having -- or living there and going by there all the time, I have never seen -- you know, mysel£, I haven't seen any activity outside or, you know, or police being called or whatever, and I just -- and I guess I would hope that he has learned, you know, if there has been trouble that I'm willing to give anybody a chance. And if there would be trouble I would be the first to complain, believe me. Q. Are you aware that this establishment actually -- so part of the reason you're not -- you don't have concern is that you're not aware of any real problems and that it's been quiet there since Suly? A. Like I've never seen any trouble myself, iiL.�! Q. Are you aware that it's actually been closed down for quite some time? A. Yes. Q. Okay. And -- A. But while it was open I never did see anything. Q. Do you recall approximately how long it AAA REPORTING (612) 469-6766 9� a�� . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was open? A. No, I can't say. MR. MILLER: 2031 • • your Honor. I have nothing further, THE COURT: Any more? MR. EASTERLY: One final, your Honor further FURTHER REDIRECT EXAMINATION BY MR. EASTERLY: Q. Mrs. Hines, do you recall whether or not you were in town during the period of July the 7th through approximately August of 15th? That was the period during which the cafe was open -- MR. MILLER: I'm going to object to the form of the question, your Honor. Counsel is testifying. THE COURT: Well, he is, but he can ask a question as to whether she was in town during that period of time. A. Yes. BY MR. EASTERLY: Q. And you testified earlier, is it correct, that you did sign a petition after the summer -- A. Yes. Q. -- to the best of your recollection? AAA REPORTING (612) 469-6766 9� ayi � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EASTERLY: Thank you. No r�� • � further questions. THE COURT: Anything else? MR. MILLER: Nothing further. THE COURT: All right. During the time that this establishment was open did you have an opportunity ever go in it? TAE WITNESS: No. THE COURT: Did you ever have an opportunity to meet Mr. Phan himself, the gentleman here in the hearing? THE WITNESS: Just when he brought the petition. THE COURT: Okay. Other than that have you had any opportunity to talk to him? THE WITNESS: No. THE COURT: I have nothing. MR. MILLER: I have no further questions also. THE COURT: You're excused. Thank you, ma'am, for giving your testimony. TAE WITNESS: Thank you. THE COURT: Anything further, Mr. Easterly? MR. EASTERLY: I'd like to call AAA REPORTING (612) 469-6766 9lo-a►y/ � . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,�, Officer Timm Gilkison at this time, your Honor. TIMM GILRISON, having been first sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows: THE COURT: Please be seated and state your full name. A. Timm, T-I-M-M, Ray Gilkison, G-I-L-K-I-5-0-N. DIRECT EXAMINATION BY MR. EASTERLY: Q. Officer Gilkison, how long have you been on the St. Paul force? A. Eighteen years. Q. And what is your present assignment? A. I'm in the "A" cop unit, and my assignment is in -- it's a federally funded unit, and we work primarily with Asians and public housing, and I am also more or less the Vietnamese liaison for the department for the Vietnamese community here. Q. So does your duty involve visiting in the area of the applicants business? A. I made it my business because it involves Vietnamese, yes. AAA REPORTING (612) 469-6766 9�-aYl � � \J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 206 MR. EASTERLY: I'd like to introduce at this time, your Honor, a copy, if I may, of a newspaper article from the Asian American Press. I have the original paper here for the court, and I'll present this to the witness at this time. THE COURT: Does this witness have some contact with this article? BY MR. EASTERLY: Q. Officer Gilkison, are you familiar with the Asian American Press? A. Yes, I am. Q. Have you been interviewed by reporters for the Asian American Press? A. In a way I was, by phone. Q. Very good. Are you familiar with this particular article that was published on December the 15th, 1995, on the front page? A. If I could look at it a second. Q. Sure. A. I read it one time. I haven't read it since. Back in December I read it, so I am familiar with it. THE COURT: Do you have any objections to this exhibit? MR. MILLER: I haven't seen it. I AAA REPORTING (612) 469-6766 • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 207 doubt that I'll have an objection. THE COURT: What's the number? MR. EASTERLY: The number of this exhibit, your Honor, would be Exhibit Number 1. THE COURT: All right. MR. EASTERLY: The purpose of introducing this article, your Honor, is simply to lay a foundation for Officer Gilkison's testimony. THE COURT: Okay. The purpose we'll decide later. we'll see if he has any objection to it and we'll proceed from there. MR. MILLER: I have no objection to the article, your Honor. THE COURT: Okay It will be received. BY MR. EASTERLY: Q. Very good. It mentions in this article -- if I could ask you to read, I believe it refers to you by name in this article. This article refers to you by name, does it not, Officer Gilkison? A. Yes. It's spelled incorrectly, but I believe they mean me. Q. All right. Very good. THE COURT: It wouldn't be the first AAA REPORTING (612) 469-6766 9�n �.�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r� time. THE WITNESS: Every day. BY MR. EASTERLY: Q. And would you mind reading for us that last paragraph on the first page, although the article is continued after that? A. All right. They quote me here as saying, "I don't think the public realizes" -- it says, "'A' Officer Timm Gilkison, a veteran St. Paul officer who has close ties to the Vietnamese community and is savvy about gang activity. 'Things to us look a lot different because we know who is who. A regular citizen may not know who is a gangster and who is not. We have to try and be the barbed wire between the ship and the wolves,' he says. 'Of course it looks different from our perspective,' he admits, 'We have to try and stop them before they do something that hurts innocent people. "' . Q. Thank you. THE COURT: quotation marks? THE WITNESS: Honor. Pretty close. BY MR. EASTERLY: So how close are those Pretty good, your AAA REPORTING (612) 469-6766 • • � J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 y� ay! 209 Q. Officer Gilkison, the city earlier introduced City Exhibit Number 9, I believe, which was a copy of a report that you submitted on July the 13th, 1995, based upon working, if I'm correct, off duty at the Cafe ICaraoke Do Thanh; is that correct? A. That's correct. Q. Have you been -- you haven't been shown that exhibit, I don't believe. Is that your report, Officer Gilkison? A. It looks to be a copy of the report I wrote, yes. Yes, it is. My original general report, yes, and there's also a supplement to this. Q. And I believe that it was brought into evidence through an earlier witness, and I would like to ask you again for those here to read what Paragraph 3 of the first page states in that report. A. All right. This is under police CN 95101450 dated July 13th, '93. Referring to karaoke coffee shops in the Vietnamese community, I stated -- or wrote, "These establishments have become a hot spot for intelligence gathering and draw crowds of all kinds, mostly Asian males who hope to meet women or Asian criminals who have no AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 real responsibilities and can stay out at all hours. This establishment will stay open until 0100 hours or 0200 hours depending on the crowd." Do you want me to continue? Q. No. That's sufficient. Thank you. And I would I also like to show you at this time a printout I obtained from the police department of reports of dispatches to various locations in the St. Paul area, in fact, near the vicinity of the Cafe Karaoke Do Thanh. Do you recognize this report? I don't expect you to be familiar with this particular report, but does that appear to be a product of the St. Paul Police Department that you have referred to before? A. I don't believe I looked at it before. It is from the -- I believe our research and development computer printout is what it would be for 1183 University. MR. EASTERLY: All right. Let me present a copy of this to counsel and your Honor. BY MR. EASTERLY: Q. I've shown you this report because it lists during the period of April to October -- THE COURT: Why don't you let him testify about this? AAA REPORTING (612) 469-6766 21 lo o� �/J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EASTERLY: Thank you, your 211 � � Honor. BY MR. EASTERLY: Q. Can you tell me what period that report covers, please? A. It covers -- it's a St. Paul Police single incident tracking system history of 1183 West University Avenue, which I believe is Arnellia's Bar, from the dates of 4-1-95 through October 25th, '95. Q. All right. And at that particular address 1183 University Avenue, which I believe is within the same block -- A. Next block. Q. The next block? A. The next block. Q. One block away from the applicant's place of business, you'll note that there are numerous calls during that period. In fact, I counted over 60, but you will vouch -- actually, I guess it's 51 actually in that particular location. And if you'll turn the page there are four locations identified in that report of that product from the police department which is a summary of -- a printout of the police reports. AAA REPORTING (612) 469-6766 � � r� L J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Just a second. Mr. Miller, do you have any objection to offering this exhibit? 212 MR. MILLER: Your Honor, I don't see the relevance of this as to the qualification for Mr. Phan to hold an entertainment or cabaret license in the City of St. Paul, the fact that there have, in fact, been calls to other establishments in the City of St. Paul. Where the relevance is I'm not sure. THE COURT: Mr. Easterly, these -- I see there's several locations here, and what's -- how close to 1275 are these locations? MR. EASTERLY: You know -- THE COURT: Are they all within a block? This witness can tell us. THE WITNESS: Yeah. They're -- one is Target. One is Arnellia's which is a block away. Target is kiddy corner across the street. Let's see where the other one is. 1556 would be at about Snelling, which would be five blocks, I believe. THE COURT: Okay. THE WITNESS: Let's see what the other one is here. And then 1570 University, which AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 again is up just past Snelling. THE COURT: Which is? THE WITNESS: A half mile, a little over. I believe a half mile is what it would be from Hamline to Snelling. THE COURT: All right. Do you have any objection, Mr. Miller? MR. MILLER: Yes. I continue my objection, your Honor, as to relevance and as to qualification for Mr. Phan. THE COURT: Okay. Overruled. I'm going to allow this exhibit number -- which exhibit number is this going to be? MR. EASTERLY: This is Exhibit Number 2, your Honor. THE COURT: Okay. BY MR. EASTERLY: Q. So it's been brought out in earlier testimony, Mr. Gilkison, that there are have been several incidents reported at the -- actually not so many at the location of the applicant's business, 1275 University. You mention in your report that these applicants will draw crowds o£ all kind, and there's a possibility here, I suppose, of misconduct of all kind. Would you AAA REPORTING (612) 469-6766 � � . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 214 object to that or is that a correct characterization of your report? A. If I could look at the report again, if it would be all right. Q. Let's see. It's the third paragraph. A. Am I saying there's a possibility of misconduct of some kind? Is that what you're asking? Q. Yes. A. Actually when I was writing this I wrote it more to inform the police officers who I knew didn't know much about Vietnamese culture and the fact of karaoke cafes. Q. I see. A. That's my main reason for letting them know that the place would be open. Q. I might ask you at this time then if there were supplements to this report. This is the only report that was entered into evidence so far today. A. Yes. There is a supplement report to this under the same complaint number. Q. Do you recognize that as a supplement? A. Yes, it is. It's dated 10-18-95, same complaint number. AAA REPORTING (612) 469-6766 . � • 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 MR. EASTERLY: Do you have a copy of it, your Honor? If there are no objections, I would like to introduce Officer Gilkison's supplement to City's Exhibit Number 9 which was introduced earlier to complete his comments. THE COURT: And you'd like this as Applicant's Exhibit 3? MR. EASTERLY: That's correct, your Honor. Actually it's Number 2-- or did I identify the police logs as Number 2 or Number 3? THE WITNESS: Number 2. THE COURT: Number 2. MR. EASTERLY: So then it would be 3. MR. MILLER: THE COURT: No objection. Okay. It will be received. BY MR. EASTERLY: Q. All right. So, Officer Gilkison, the question then becomes having seen the police logs of surrounding businesses that we offered as Exhibit Number 2 whether you believe there is any greater likelihood of crime occurring at the location of the Cafe Do Thanh at 1275 University where you have reported on one incident than any AAA REPORTING (612) 469-6766 � 1 2 3 4 u � 216 other location that is open during the same hours? A. Any more possibility? I don't think so. No, I don't think there is more possibility. Q. All right. So then it's been established 5 also through the first exhibit that the applicant 6 is o£fering in evidence that you are a member of 7 the city task force on Asian gang activity? 8 � A. Yes, I am. � 10 Q. In your opinion as a member of that task force and as an officer whose duty involves 11 primarily perhaps monitoring Asian activity within 12 the community, do you believe that it is any more 13 likely that gangs would be attracted to the 14 location of the applicant business at 1275 15 16 University than locations such as -- other locations presented in earlier exhibits? 17 � A. Are you referring to this one (witness 18 � indicates)? 19 Q. I am talking about the location of Midway 20 Bowl, or for that matter l don't think we have to 21 confine ourselves to simply the police log in this 22 case. I can ask in your opinion as someone who is 23 very experienced and qualified in working with 24 Asian gangs whether there's any more likelihood 25 that there would be gang activity -- Asian gang AAA REPORTING (612) 469-6766 � � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 217 activity at the location of the Raraoke Do Thanh, for example, and the Mall of America or McDonald's, or are they any more likely to assemble at one place or another? A. Yes, they are. And not just Asians, but I'll give you -- if I can give you an example, I think there's probably just as many gangsters going in and out of Target every day, many that we never check or nobody checks, but when you say Asian in particular or, in this case, Vietnamese -- for instance, if Cambodians went into that club they wouldn't understand the music and they wouldn't stay there, so, of course, you're going to get a certain cultural diversity of people just in that club. Just like down the street at Arnellia's it's mostly a black bar, and so you'd have different types of gangsters there than you would in other business. Q. I see. Thank you for that distinction. There again, in your opinion, is that activity is not confined to the Asian community within the Twin Cities and St. Paul in particular? A. No, it is not. Q. Is that correct? A. That's correct. AAA REPORTING (612) 469-6766 • � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 218 Q. Are you familiar with a name of a gang by the name The Crips? A. Well, there's several Crip gangs. Q. Several Crip gangs? A. Yes. Q. What about The Bloods? A. There are several Blood gangs also. Q. Are those Asian gangs? A. They can be. The original gangs were black gangs and the black Gangster Disciples and the Gangster Disciples. Some of the later new arrivals took on Blood and Crip names, the Asian kids when they started gangs, so some of them do call themselves -- consider themselves Bloods and Crips, but they generally have their own names for their gang also. Q. So you are aware then of gang gatherings at locations such as the Mall of America and perhaps McDonald's and other locations which are not necessarily Asian gangs? A. Yes, I am. Q. All right. At this time then I would like for you to refer to your supplemental report, and it's a brief report, I believe. It's one page. AAA REPORTING (612) 469-6766 i • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 219 A. That's right. Q. And read into evidence what you have written in that report. THE COURT: No, I can read it. He doesn't need to read it. I can read it faster than he can talk it. THE WITNESS: There's one mistake in that report, and I apologize. I put Nguyen instead of Phan for a last name on this report, your Honor. THE COURT: So in the second line in the second paragraph it's supposed to be -- THE WITNESS: I got the last name wrong. I wrote Nguyen, N-G-U-Y-E-N. It should be Phan, I believe, P-H-A-N. THE COURT: Would you correct my copy then? THE WITNESS: Sure. And I should know better working with Asians. THE COURT: Al1 right. So would this applicant that you have your contact and to which this supplement applies? THE WITNESS: Yes, sir. THE COURT: Okay. Proceed. MR. EASTERLY: Your Honor, I don't want to proceed with unnecessary -- perhaps one AAA REPORTING (612) 469-6766 C� � s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 220 last question for initial direct examination here. BY MR. EASTERLY: Q. It's been brought out earlier in testimony that the applicant Mr. Duong Phan is, in the opinion of a previous opinion, not taking sufficient measures to insure the safety of his clientele and the safety of his neighborhood resulting in problems associated with the management of his business which are directly attributable to his ability to exercise control over the management, I believe it was mentioned. Would you state what you stated in the next to last paragraph of your report, please, as it pertains to Mr. -- A. I stated in here that I found Mr. Nguyen -- which my excuse is there -- Mr. Phan to be very concerned for the safety of his customers and the neighbors. It was for my time that I dealt with him. Q. And you did, as I understand it, work with him as an off-duty patrolman? A. Right. I worked there several times and also had some other officers that were hired to work weekends at this establishment. Q. So in your first report -- initial report AAA REPORTING (612) 469-6766 � � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before it was supplemented in which you mention that you identified persons who you believed could be members of a gang, would you say at this time that you believe that that was not necessarily unusual to find members of a gang in his place of business? A. No, it's not unusual. It's the only karaoke place open, so everybody is going to come in. 221 Q. Well, I'm glad you mentioned that. I must pursue that last answer. Is it significant then in your opinion that the cafe is planning to offer karaoke entertainment? Do you have an opinion or firsthand knowledge about the influence of karaoke entertainment on the conduct of people in general or the conduct of inembers of the Vietnamese community? A. I can explain my experience with it. For £ive years I've -- every day I've worked with Vietnamese people. I go to a lot of their homes. Many £amilies before they get a car, they have a karaoke machine. Now us as Americans or people that live here, we don't understand that. Not too many Americans have karaoke machines in their living rooms, but almost every Vietnamese house I AAA REPORTING (612) 469-6766 � i • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aaa go to has them, and I don't go over to gangsters houses. I mean, I have hundreds of friends in the community, and almost everybody has a karaoke machine. Most of the dances that we have here where the stars come in from California, they sing karaoke on videotapes and now they're on laser disc, and this is a big deal to these families to have that. when I go to parties we sit around and sing karaoke. So the good side of the community -- or what I side as the good side, using my adjective, nice people love karaoke and they're gonna go out -- if it's a safe place, they're gonna go out and do this as entertainment because there aren't that many Vietnamese entertainment places. They don't go to movies like we do. They don't really catch the movies. They're too fast, the speech. Q. In your opinion then. Raraoke music itsel£ you're stating then is not conducive to criminal conduct? A. No, not at all. Most nice families I know have them in their homes, so ... Q. Fine. This will be my last question for now. As a member of the St. Paul Youth Gang Task Force and particularly interested in monitoring the AAA REPORTING (612) 469-6766 ! � � C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 223 Asian community, do you believe that one way or an effective way to remedy the problem of gangs is to deny karaoke licenses or to close businesses that -- MR. MILLER: I'm going to object to the question, your Honor. It's leading. Counsel is testifying. MR. EASTERLY: I'll rephrase the question. THE COURT: Well, you can rephrase the question. BY MR. EASTERLY: Q. It is your opinion as an advisor of the Asian gang task force that -- do you believe that eliminating the karaoke entertainment at the same time would reduce the gang problem? A. I don't believe that in itself will reduce the gang problem, no. MR. EASTERLY: I have no further questions. Thank you. THE COURT: Mr. Miller? MR. MILLER: Thank you. CROSS-EXAMINATION BY MR. MILLER: Q. Officer, how long have you worked off AAA REPORTING (612) 469-6766 • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 224 duty for the Raraoke Cafe? A. When did I, sir? Q. Yes. A. I worked there -- Mr. Phan came to me, I think, in May of '95 before he opened -- his opening and told me that he wanted to make sure that it was safe and knew that I worked with the community, and he was referred to me by other Vietnamese and came and talked to me about it. Q. When did you work -- when the establishment was open how many times did you work there? A. I would have to check the department records, but I worked on weekends I'm guessing five times. Q. Would you work both days or just one or -- A. I think I'd work one, but I may have worked two days on one particular weekend. It wasn't open very long. Q. So you worked there perhaps £ive or six times? Is that -- A. About six, sir. Q. Okay. And that began in July into sometime in mid-August; would that be correct, sir? AAA REPORTING (612) 469-6766 � LJ • C , J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 225 A. That's approximately it. I don't have the dates in front of ine. Q. And your original general report which is dated July 13th you had received information from -- was it from Mr. Phan? A. Yes, it was. Q. That several people had been in there with guns on a Sunday when there were no off-duty officers; is that correct? A. If I could refer to that for a minute, sir. I believe it doesn't say Mr. Phan. It says informants, and generally I don't mention certain people or l don't even ask them for their last names, because in the Asian community the retribution is something, so it just simply says informants in the report. Q. But, in fact, wasn't it Mr. Phan, as you described in your secondary report -- A. Right. Q. -- that it was Mr. Phan who came forward? A. Yes, he did tell me. Q. But that didn't happen until a day or two after people came in with guns; isn't that correct? A. I didn't see him until a couple days later, yes. AAA REPORTING (612) 469-6766 n LJ . • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 226 Q. Right. And are you aware of him calling the police at the time that the Minneapolis boys were in the establishment on that Sunday? A. I'm not aware whether he did or not. Q. And you wrote a supplemental report dated October 18th, 1995; is that correct? A. Yes, I did. Q. And are you aware that that was approximately three weeks after Mr. Phan and Mr. Nguyen were informed that there could be possible adverse action against their establishment? A. I don't know if I knew that. I know that they weren't open, yes, sir. Q. And were you aware why they were not open? A. I believe the cabaret license wasn't valid was my understanding. Q. In fact, it had not been issued, had it? A. I don't know. I have nothing to do with that. I would like to clarify that when I-- when we worked there off duty we made out work slips, and I did go in and look at the wall and there was a license, which maybe is my fault. It said 7-1-95 until I believe March something of '96. Q. That was a document that perhaps that AAA REPORTING (612) 469-6766 � • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they -- 227 A. It looked like a license, Mr. Miller. Perhaps I'm wrong on what it was. Q. But, in fact, if it's true that no license was ever issued it must not have been a license? Might that be a correct assessment? APPLICANT'S ATTORNEY: Objection. A. Can you restate that, please? Q. Sure. If no license was issued it wasn't a correct license? A. It could not have been a license on the wall if no license had been issued. APPLICANT'S ATTORNEY: Objection, your Honor. Foundation. The witness is not the licensing department. THE COURT: Well, he can answer that. Overruled. You can answer that question, if you can. A. It looked like a city license to me. I'm not sure what it was for. BY MR. MILLER: Q. Your contacts with Mr. Phan and Mr. Nguyen, you then were aware that they were experienced businessmen from California, that they had operated these types of establishments there? AAA REPORTING (612) 469-6�66 � � C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9�-ay! 22$ A. You're speaking about this gentleman here (witness indicates)? Q. Mr. Phan, yes. A. I know him. And who is the other gentleman you're asking about? Q. A Don Nguyen who is the co-applicant. A. I don't believe I've ever met him. Q. But you are aware that Mr. Phan had operated a karaoke establishment in California? A. I am now, yes. Q. Okay. When you say that you worked off duty at the establishment, in fact, that means you were paid to work there; is that correct? A. Yes, sir. Q. And then you stopped working there when they closed down sometime in August; is that correct? A. Yeah. When the question came up I discussed it with one of our captains about whether they really had a license or not, and I was told conflicting things, that they had a restaurant and cigarette license but not a cabaret, and they said that's it`s best not to work there until it's resolved, which I agreed. MR. MILLER: I have nothing further. AAA REPORTING (612) 469-6766 1 � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 229 THE COURT: Okay. Anything further, Mr. Easterly? REDIRECT EXAMINATION BY MR. EASTERLY: Q. O£ficer Gilkison, it was brought out in earlier testimony by a witness from the Los Angeles Sheriff's Office that, in his opinion, the owners/operators of these karaoke cafes need to take aggressive action or attempt at any rate to control disorderly conduct themselves. It was also brought out that -- MR. MILLER: Your Honor, I'm going to object to the form of the question. At this point this was not covered neither during direct nor cross-exam of the witness. THE COURT: Well, you do have to avoid testifying yourself, Mr. Easterly, so try to confine to a question that this witness can answer. BY MR. EASTERLY: Q. Officer Gilkison, would you as a police officer say it is advisable for the applicant or other business people to request the help of the police when necessary to manage disorderly clientele or attemgting to deal with them AAA REPORTING (612) 469-6766 u �J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 themselves? A. You mean a call for service? Q. Yes. A. Yes, it's reasonable. Q. And do you believe that it's advisable when possible to employ off-duty policemen for the job of security in a business place such as this? A. Personally I think it's a good idea. Whether I'm there or not I think police officers have different powers than security guards. MR. EASTERLY: No further questions. RECROSS-EXAMINATION 230 BY MR. MILLER: Q. Officer Gilkison, if someone goes into an establishment with a gun, would it be your preference for the proprietor to call the police right away or to delay the call a couple of days? A. It depends on whether they know they were in there. If they know and see it to call, yeah, I'd like them to call, of course. Q. You testified previously -- so you are aware that there, in £act, were guns in this establishment during early July, is that correct, from the information you received? AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I think that -- I don't know that that was proven that there was guns in there. It was stated that there were guns or possibly guns in there or in the cars. 4. You received such information from Mr. Phan? 231 A. Yes, I did. MR. MILLER: I have nothing further. THE COURT: Anything else, Mr. Easterly? MR. EASTERLY: Nothing further. THE COURT: Just a minute. THE WITNESS: Yes, sir. THE COURT: When Mr. Phan employed you did he employ other people well? THE WITNESS: Yes, sir. THE COURT: And was your job security, I take it? THE WITNESS: Yes, sir. THE COURT: And yours was a weekend employment? THE WITNESS: He hired police o£ficers just Friday, Saturday, and Sunday. THE COURT: And so you were there from what time, during what hours? AAA REPORTING (612) 469-6766 • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I believe it was nine, I believe, until 1 in the morning or 2 depending on if they stayed open until 2. THE COURT: And that's when he closed? 9� a yl � THE WITNESS: Yes, sir. THE COURT: All right. And were you given any instructions by Mr. Phan as to what he wanted you to do? THE WITNESS: Yes, I was. THE COURT: What instructions were you given? THE WITNESS: We were given a-- he had purchased a metal detector and we were told to search everyone that came in, check purses, and if people were intoxicated not to let them in. THE COURT: Did you use the metal detector on everyone that came in the door? THE WITNESS: Just about everybody. I think the other officers did. I know so many of the people that some of them I know I might not of, that I know real well that are friends. THE CoURT: Did you have opportunity to exclude people for having weapons or attempting AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 233 to get in with a weapon on them? THE WITNESS: Not while I was there, and I didn't hear from any other officers that they ever found a weapon. THE COURT: Did you have opportunity to exclude people from the premises because of intoxication? THE WITNESS: Yes. THE COURT: Now, as I understand it, there's no alcoholic beverages served on that premises? TAE WITNESS: That's correct. THE COURT: How -- THE WITNESS: At least not while I was there, your Honor, I didn't see any. THE COURT: How busy was it -- how busy was the trade on the evenings you were there? THE WITNESS: It was busy. I worked the first weekend and it was full. It was actually full, and I think every weekend just about it was pretty well every table and chair was taken. THE COURT: How big is this place? What's the seating capacity of this place? THE WITNESS: I had asked him that. AAA REPORTING (612) 469-6766 `J � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 THE COURT: Roughly. THE WITNESS: I'm guessing 140 or something like that. 130 or somewhere in there. THE COURT: Did you have any trouble with fights? THE WITNESS: No. THE COURT: Can you -- I know this is difficult and it's going to require some speculation, but can you give me a rough idea of an average age of someone who had shown up at that establishment when you were working? THE WITNESS: Twenty I'd guess an average age. 20 years old. Some older, some teenagers. There were some kids I knew that were 16, 17 that came in but not a lot of them. THE COURT: was the karaoke machine used during the time that this place was open? THE WITNESS: Yes, it was. THE COURT: Then they must all be better singers than I know, or isn't that necessarily true? THE WITNESS: I think the electric machines can make you sound better. That's my guess. THE COURT: And you never met with AAA REPORTING (612) 469-6766 � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Nguyen? 235 � � THE WITNESS: No, as far as I know. I know so many people named Nguyen, but I don't believe I ever met the guy. I£ he was in town here I don't know. If I saw a picture maybe I could tell you. THE COURT: Okay. You indicated you looked at a-- what you took to be a license. Where was that located on the premises? THE WITNESS: It was on the back wall between the kitchen area and the bathrooms on a wall facing the interior of the establishment. THE COURT: Did you ever ask Mr. Phan about what licenses he had to operate his business? THE WITNESS: I certainly did after I heard, I think, from -- Sergeant Ness in our SIU mentioned that they didn't have any licenses, and I said to him, "Well, I seen one on the wall." I said, "We better call down to the license bureau and get a clarification on this," and then I mentioned that to Mr. Phan. I said, "You better call up and make sure that it's valid," and which he said he'd do. THE COURT: Okay. During the time AAA REPORTING (612) 469-6766 1 . • i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 236 that you were employed there -- what was it, like a five or six-week period -- was Mr. Phan on the premises while you were there? THE WITNESS: Every time, yes. THE COURT: Does he have family members that also worked at the location? TAE WITNESS: I'm not sure of their relationship to him. Whether they're family or not, I couldn't tell you. THE COURT: But he was there most of the time? THE WITNESS: Every time I was there. Every time I was there either working or not he was there. THE COURT: Did he -- did you have an opportunity to see him become involved in the activities of the group? Well, strike that. Did you ever see him become involved in controlling any crowd activity? THE WITNESS: I guess directing -- yeah, I guess directing people to sit. I know a couple of times he told people to -- people were impatient because of the long wait to sing, and people got impatient with that and started making comments, and he'd go to their tables and tell them AAA REPORTING (612) 469-6766 9�-a�i � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 237 the way it was, that you had to wait your turn and that type of thing. THE COURT: Did you ever have trouble with £ights? THE WITNESS: No. THE COURT: Is this -- what was the sex makeup of the group that were in the establishment? THE WITNESS: I'd say majority male. Maybe 20 percent female, I would guess. Something like that or 25 percent. THE COURT: Is this someplace people go on a date? THE WITNESS: Some people do. A lot of the people that generally don't go out much, I guess they came there and kind of dressed up thinking it was a dancing -- you know, that they could dance and came to see what it was like. A lot of couples showed up the first week, you know, to see what it was like. THE COURT: Is it a dress-up place? THE WITNESS: If they want to dress up, but people are allowed in -- not with gang -- we also didn't let people in wearing colors, or if somebody showed up that way we'd say you can't come AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in. 23 TAE COURT: Did he have any rules that were posted on the walls or doors? THE WITNESS: I made a suggestion to him about the intoxication -- because of the language difference I asked him to make a big sign up that said "If intoxicated you can't come in" in Vietnamese so we could point at it, and he had that done within a day, I think. The sign was up inside the glass window. THE COURT: Any other signs besides that? THE WITNESS: Not that I recall there, no. THE COURT: Are you a Ianguage -- THE WITNESS: Well, was the hats on there, too? I remember hat was one of the things that I suggested to him, from our experience with dances and Asian dances, not to let people wear hats because it just seems to cause problems when they wear these baseball hats i£ they come in the different color. One thing it's not -- it defeats the dress-up purpose of a place and then other things. People tend to get mad when somebody else is wearing a hat if it's the wrong color or if AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 239 they're offended by it or if it's in the way when they're watching, so we just say no hats. Reep them in your cars or leave. TAE COURT: Are you language proficient in Vietnamese? THE WITNESS: Not yet. THE COURT: Okay. I have nothing -- I have no further questions. Gentlemen, anything further? MR. MILLER: Yes. THE COURT: Mr. Miller? BY MR. MILLER: Q. Officer, showing you what's been admitted as Exhibit 5 of the third page, does this document look familiar to you as perhaps being the item that was on the wall at his establishment? A. It might have been been this. It was something about this size. THE COURT: The size? THE WITNESS: Yeah. It could have been. Would it be in a different color? I really don't remember. I just remember there was something on the wall under a little glass piece. BY MR. MILLER: Q. And, in fact, you never -- AAA REPORTING (612) 469-6766 � � 1 _J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 240 A. And it did have the daCes on it. Q. It did have the dates? And do you see right here on the right-hand side about a quarter of the way down some dates £rom 7-1-95 to 3-31-96? A. Yes, sir. Q. Do you also see on the bottom where it says, "Your license to do business will be mailed upon receipt of required approvals"? Do you see that on the bottom there? A. Sure I do. Q, Officer, were you involved at all with Mr. Phan during his application process with the licensing department? A. I don't believe so. I don't even know when he applied. Q. Had you reviewed at all any of the application materials yourself that Mr. Phan submitted? A. No, I have not. MR. MILLER: I have nothing further. THE COURT: Anything further? MR. EASTERLY: Nothing. I have nothing. TAE COURT: Thank you, sir. Gentlemen, Mr. Easterly, anything further? AAA REPORTING (b12) 469-6766 r� \ � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EASTERLY: We•re trying to decide, your Honor, whether we should ask Mr. Phan to provide some further facts or whether at this point we should just -- THE COIIRT: Do you want to take a break and make that decision? MR. EASTERLY: For just a couple of minutes, yeah. 241 (Whereupon, a brief recess was taken.) THE COURT: Mr. Easterly, do you have an additional witness? MR. EASTERLY: Yes, your Honor. We will ask the applicant, Duong Dai Phan, to testify. DUONG DAI PHAN� having been first sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows: THE COURT: Please be seated. State your full name. THE WITNESS: My name is Duong Dai Phan, D-U-O-N-G, P-H-A-N, Phan. THE COURT: Mr. Easterly? DIRECT EXAMINATION AAA REPORTING (612) 469-6766 � � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. EASTERLY: Q. Mr. Phan, where were you born? A. I was born in Vietnam. The city is Da Nang. 242 Q. All right. A. But usually now to Vietnam the most popular name of that city is going to be Saigon, so most of them who ask me I say Saigon so they will know it's a city. It's well known to the people. Q. All right. How long did you live in Da Nang or how long did you live in Vietnam? A. Oh, I was over there until 23 years old. Q. Did you live in Saigon as well as Da Nang? A. Yes. Both places. Q. When did you leave Vietnam? A. I left in 1975, a refugee from war. Q. Why did you leave Vietnam again? A. There was a lieutenant Army regimen in full division in the (inaudible) area, close to Saigon. Q. All right. A. So I was -- if I not leave Vietnam I was going to be in concentration camp, you know. Q. So your life was in danger? AAA REPORTING (612) 469-6766 i • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. 4• Minnesota? A. 1975. That's right. Is that correct? When did you come to �yl 243 I came to -- £irst I came to Minnesota in Q. How did you -- let me back up if I may. Where did you go after you left Vietnam? A. I left Vietnam as refugee with boat and then settled out in -- I get screen test and all that for political refugee in the Philippines. Q. All right. A. And then I was settled out in refugee camp in Pennsylvania, and after that I was sponsored by Reverend Moore in Anoka, who was my friend that I know in Vietnam. Q. Where did you meet him? A. I met him in the town of (inaudible) as an interpreter at the time. Ae work in Vietnam over for U.S. Marine or U.S. Navy. Q. Was he a member of the military -- U.S. military? A. Yes. Ae was a chaplain. Q. He was a chaplain? A. Chaplain. Q. And how did you leave Vietnam? AAA REPORTING (612) 469-6766 � u � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. How I left? By boat, merchant boat. Q. Merchant boat? A. Yes. Q. And you went from there to -- A. To the Philippines. Q. Philippines? And then you remained how long in the Philippines? A. About one month. Q. And it was from the Philippines that ►•z•n� 244 A. I went to Guam for screening. Q. Guam? A. And then after Guam I go to Pennsylvania. Q. And -- A. That's a refugee camp over there to wait for a sponsor, and then I connect through a letter or something like that and I got the Chaplain Moore to sponsor me. Q. So you went to Pennsylvania as a refugee to wait to be sponsored, and your sponsor was once again? A. Reverend Robert A. Moore. Q. Of Anoka? A. Anoka. g. Where did you go after that? AAA REPORTING (612) 469-6766 • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. After that I went to St. Cloud State University. THE COURT: How long were you sponsored by Reverend Moore? 245 THE WITNESS: Reverend was sponsor about three months. THE COURT: Did you live with him then? THE WITNESS: Yeah, at £irst. And later I live with the -- at the campus of St. Cloud University. THE COURT: St. Cloud State University? THE WITNESS: Yes. THE COURT: What did you take? What courses did you take? THE WITNESS: The course I take at that time is major in English and communication. BY MR. EASTERLY: Q. And what did you do after your education at St. Cloud State University? A. I enrolled in a class for three months and after I think that I know about the communication, you know, well enough, so I went out to Texas where the course offer the things that I AAA REPORTING (612) 469-6766 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 246 need, things that are interesting. So I took that course down in Texas and I went to University o£ Texas to attain the course. Q. What did you study in Texas again? A. I study electronic, you know, engineering, and I graduate on that and I got a degree, bachelor. Q. And was that in Austin? A. No. It's in Arlington. Q. Arlington? A. Yes. Q. And where did you go after you finished your education there? A. Then I worked for the McDonnell -- no. I worked for Delco Electronic first as a field service engineer and a lot of travel. Q. And where was that? A. It's in Indiana, Kokomo. And then after that I don't like travel much. After a while I get wore out, so I applied for a job in California and was employed over there as engineer. Q. And for what company? A. McDonnell Douglas. Q. McDonnell Douglas? A. Yes. And I was designing the -- this AAA REPORTING (612) 469-6766 • • � J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 247 aircraft instrumental, and I was laid o£f because of defense cut-off. Q. So you were laid off from the McDonnell Douglas job? what did you do after that? A. After that then -- MR. EASTERLY: Excuse me, your Honor, if I may back up here just to clarify? THE COURT: Let him finish. A. I take off about a year to relax and then I decide to open Cafe Thien Nga. BY MR. EASTERLY: Q. I should ask you why you happened to be laid off. When was that? A. Because of defense cut-offs, so, you know, I was laid off. Q. You weren't laid off for any misconduct? A. No. Q. And then after you were laid off you did what again? A. Well, I purchased the Cafe Thien Nga after I save a little bit of money to do my own business. Q. And can you tell us again when it was that you went into business in Raraoke Cafe Thien Nga? AAA REPORTING (612) 469-6766 � . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 A. 4- A. 4• A. 4• business? Thien Nga, yeah. When and where? In Rosemead, California, on July of '90. July o£ 1990? 1990. And how long did you remain in that � A. I was over there from July o£ '90 until February of '93, the day that I sold the business to Thanh Su, the Cafe La Rose owner. And due to entertainment license requirement, I have to sign responsibility paper that I have to let Thanh Su operate the Cafe La Rose under my license name until he's licensed by -- he's approved by city of Rosemead, and it was approved on May 3, so my responsibility is over. Q. I believe this has already been entered into evidence. Without referring to the exhibit number, is it correct that you sold the Cafe Raraoke Thien Nga in February of 1993? A. Correct. Q. And I believe it was also established in earlier testimony that the person who bought the cafe from you obtained in due course an entertainment license to operate that ca£e himself; AAA REPORTING (612) 469-6766 t C� • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is that correct? A. Right. MR. EASTERLY: I believe that's in the record, your Honor. BY MR. EASTERLY: Q. Very good. So it was also mentioned earlier in earlier testimony that you decided to sell that business because you wanted to move to a safer place; is that correct? A. No. Actually the state man that -- Sergeant Wallace brought it over. That came from Thanh Su, the La Rose owner. Q. I see. A. He's the one who make that statement. Okay? I move to Minnesota because my family. I mean my mother, brother, and sister, all of them are over here. Q. Oh, I see. A. So I move to -- close to my family. I have close family. THE COURT: Why did you sell the cafe? 249 THE WITNESS: Because at the time I was over there and my brother and sister was over here, and they need help because they new arrival AAA REPORTING (612) 469-6766 � �� . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 after I sponsor them through the immigration. So I I was over there and they need help over here, and I was lonely over there, too, so I feel it comfortable for me to move to Minnesota. THE COURT: How could you sponsor your brother and your sister and have you live in California and have them live in Minnesota? THE WITNESS: Because in Minnesota I tell them that, you know, it's a good place to live. THE COURT: Doesn't the sponsorship require you to be present in the same community as -- THE WITNESS: Yes, they do. Because I have a brother over here, too. He fled with me at the same time. He settled in Minnesota, so he and me together, but I was over there. He's the main sponsor. THE COURT: Tell us what kind of problems you had when you owned the cafe for La Rose. THE WITNESS: For Thien Nga. THE COt3RT: For Thien Nga, yes. THE WITNESS: The problem I had over there is just the loitering and the -- most of the AAA REPORTING (612) 469-6766 � u � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 251 time that loitering is the problem that that cause. THE COURT: Why? What problem would that cause? THE WITNESS: Well, they just not want to go home and they just want to hang around, and we don't want them hanging around. THE COURT: Who is them? THE WITNESS: Like school kids and some like that. THE COURT: What age? THE WITNESS: Ages 16, 17. They just no want to go to, you know, their house after school. They just want to come over there and hang around. THE COURT: Were you making any money at the Cafe Thien Nga? THE WITNESS: Cafe Thien Nga? Yes, I did. THE COURT: Do you have any problem with Asian gangs? THE WITNESS: No. No, not at all. THE COURT: Did you have any problems with fights? THE WITNESS: No. Every time I see something wrong I call the police, and that's why, AAA REPORTING (612) 469-6766 C � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 you know, it's come in the report so many times. And I thought, you know, that calling the police would be the way that I think I should tell them that I called, and that's supposed the way it should be. Calling the police in silent. I let them know that -- I let them handle instead o£ I handle it by myself, because I know that I couldn't handle it by myself either. THE CDURT: Did you ever have security at the Cafe Thien Nga? THE WITNESS: I did have security at the time that I have karaoke on the weekend because of city of Rosemead require that as a guideline and a condition of karaoke. THE COURT: What did the security do? THE WITNESS: He patrolled the parking lot. He controlled the traffic and call his service whenever we have somebody loitering and do nothing. That's the main reason that we have the security. THE COURT: Did the security ever have to deal with fights out in the parking lot? THE WITNESS: Security -- whenever they have the problem with a fight or people try to AAA REPORTING (612) 469-6766 ! � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attempt to break in a car or something like that, the security contacted me and I called the police. THE COURT: What kind o£ a relationship did you have with the police at Rosemead? 253 THE WITNESS: At Rosemead I have a very good relationship with them. In fact, I know the deputy named Valenzuela, and me and him -- before we have the karaoke license approved he used to stop maybe three times a week and come to talk with me and find out what's bothering me. I tell him what's bothering me if I have it and then he consult with me how to deal with it. I did tell him, you know, that I need some advise what to do with it, and we both keep contact with each other very well. And surprisingly in St. Paul I don't see that happen. See, the day I build the place until I open I don't see any any police coming around, except Timm is the only person that I can talk to. I wish I can, you know, talk to the St. Paul Police about the problem or anything, but St. Paul Police Station in University and Western never show up at my place. THE COURT: What about extortion? AAA REPORTING (612) 469-6766 o� _,� � � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 254 Dod you ever have any problems with extortion? Do you know what that means? THE WITNESS: In California? THE COURT: Yes. THE WITNE55: Extortion is a kind of sensitive deal. Okay? If they know that the owner is the person that can go forward and cooperate with the police any way that he need, any time he need, the extortion usually don't work. THE COURT: Did anybody ever try to extort money from you as a business owner? THE WITNESS: No. THE COURT: In the records there's a police report indicating that there was a call to your premises because of a complaint by the owner of extortion. THE WITNESS: That's at Thanh Su, he`s the owner. TAE COURT: The guy who bought from you? THE WITNESS: TIiE COURT : any problems with it? THE WITNESS: Yes. You say you never had No, I didn't have any. AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 THE CoURT: You never had any gangs come to you who wanted to get money? THE WITNESS: No, not extortion. THE COURT: Did you ever have any problems with gangs and damage to your building or to your premises? THE WITNESS: Yeah. They breaking the glass whenever they get mad and they cannot get what they want, so they just breaking our lock. That's a consequence that we have deal with it. We have to deal with it, but the only thing we can do is report it to the police and get the issue and fight. THE CaURT: I'm sorry, Mr. Easterly. BY MR. EASTERLY: Q. Following up then with the question on security, you were told that there may be problems with guns by -- or at least it was brought out in the testimony by Officer Timm Gilkison and, in fact, I believe it was reported in his report that people -- THE COURT: Mr. Easterly, you're going to have to ask the witness a question. MR. EASTERLY: Okay. AAA REPORTING (612) 469-6766 256 . 1 BY MR. EASTERLY: � C� 2 Q. Have you done anything to correct 3 problems with violence or security in managing the 4 business here in St. Paul, the Cafe Do Thanh? 5 A. Yes. In £act, I know, you know, the 6 incident -- the incident, you know, happen in my 7 business, so I bought a metal detector to screen 8 � all the customers coming. And the second one I did 9 10 11 is install a security camera in five spot throughout the store in my cafe and put a videotape on so I'm recording all the time 24 hours a day to 12 I monitor the presence of the people who is 13 criminal. They see the camera and they don't want 14 to be in there. They better not. If they a good 15 person, good people, they can come and enjoy and 16 have nothinq to fear. 17 Q. So, to your knowledge -- 18 A. And I told Timm Gilkison, any time you 19 need a tape or try to identify anybody, you are 20 welcome to take my tape. I'm really trying to 21 improve. I'm really trying to cooperate with the 22 City of St. Paul, to help them, and Timm Gilkison 23 say -- sometimes jokingly say, hey, this is a good 24 intelligent gathering spot that he can have for 25 � police. That's some kind of joke that he say. AAA REPORTING (612) 469-6766 � 25 1 BY MR. EASTERLY: 2 Q. xave you done anything to correct 3 problems with violence or security in managing the 4 business here in St. Paul, the Cafe Do Thanh? 5 � A. Yes. In fact, I know, you know, the 6 incident -- the incident, you know, happen in my 7 business, so I bought a metal detector to screen 8 all the customers coming. And the second one I did 9 is install a security camera in five spot 10 throughout the store in my cafe and put a videotape 11 on so I'm recording all the time 24 hours a day to 12 monitor the presence of the people who is � 13 criminal. They see the camera and they don't want 14 to be in there. They better not. If they a good 15 person, good people, they can come and enjoy and 16 have nothing to fear. 17 Q. So, to your knowledge -- 18 A. And I told Timm Gilkison, any time you 19 need a tape or try to identify anybody, you are 20 welcome to take my tape. I'm really trying to 21 improve. I'm really trying to cooperate with the 22 City of St. Paul, to help them, and Timm Gilkison 23 say -- sometimes jokingly say, hey, this is a good 24 intelligent gathering spot that he can have for � 25 I police. That's some kind of joke that he say. AAA REPORTING (612) 469-6766 9�-a4i � 1 2 3 4 5 6 7 8 9 10 11 12 � 13 14 15 16 17 18 19 20 21 22 23 24 � 25 Q. So, to your knowledge, you aren't required to film or tage or use a video monitor -- A. Well, actually, yeah, I use it for a security purpose like to protect my property, protect my investment in there, so that's a good reason for it. And let the criminal or whoever do the bad thing know this is not their place hanging around. Q. All right. Then, of course, it was brought out some of the bases for this complaint that you did not have a license when you were operating the business, and did you believe that you were licensed? 257� A. In my heart I believe this piece of paper Q. Why? A. Because they say effective days from July lst until March 29, I believe is what it is, o£ '96. And they say on the bottom -- they calculate the money and the fee and paid for, and as I know I go and apply for license like a vehicle license or whatever; when I pay the money that means then I got the license. So when I pay the money and they took my money and they give me the receipt, then I think that's a license. AAA REPORTING (612) 469-6766 s • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 258 And, furthermore, I agreed when they say the license will be mailed upon approval, and until now I haven't received any official license coming from the City of St. Paul for the cigarette, for the restaurant even though that two of them are already approved. I haven't got any piece of paper that say license, so that's the only paper that I think is a license. Q. So then you were surprised even though you were told -- is it true you were told during the meeting with members of the St. Paul license office on or about August 16th -- correction -- August 17th, that you did have approval to operate the cafe and to sell cigarettes; is that correct? A. Yes. I did receive that letter. Q. Did representatives from the licensing office meet with you at the cafe? A. Yes. I met with the Bob Kessler and Kristine Rozek. Q. And even after they told you that, did you receive anything in writing that -- A. You mean the license? Q. Yeah. An actual copy of the license that they said that you -- A. No, no. I haven't received that at all AAA REPORTING (512) 459-6766 �J � � U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 259 up to now, none of them. Q. Well, then on August 17th, as I said, you received a letter; is that correct? A. Yes. Q. It stated you did have permission to operate -- A. Yes. on August 17th they sent me a letter saying you are authorized to operate a restaurant and cigarette, and that mean that I can operate those license. And I still haven't received the license yet. Q. Now is it also true that on August 30th you were notified by letter dated August 30th that you were no longer authorized to operate the business? If I can refer to an exhibit to refresh your memory. THE COURT: Well, he doesn't need the exhibit if he can remember. $Y MR. EASTERLY: Q. Can you -- A. Yes, I remember that. On that day I received a letter saying they -- I'm not authorized to operate on any license at all because of the adverse action. Q. So after you were notified that you were AAA REPORTING (612) 469-6766 ► . "� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 260 no longer authorized to operate -- A. Oh, I stop, you know, operate right after August 15 after Rris Schweinler handed me a letter and say I'm not authorized to open the business. Q. As soon as you were notified you were no longer authorized to operate the business? A. Yes. But I'm closed right after that, and they come right down to see them at St. Paul and ask them about that. THE COURT: And you've been closed ever since? THE WITNESS: Yes. BY MR. EASTERLY; Q. Now there was, I believe, one occasion when you did reopen, is that correct, after this? A. Yes, I did open on one night. That would be the night after the city council hearing. Q. And did you do that on the advice of counsel, on the advice of your attorney? A. Yes. I did that by the advice of my attorney. They told me to do so. Q. So that was not your own decision? A. No, no. It was not mine. Q. And what happened after you reopened on the advice of your attorney? AAA REPORTING (612) 469-6766 • � i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 A. Okay. After that I open, and then Phillip Miller and a police officer come right by right on that night and advise me not to open at all including cabaret and cigarette license. Q. Did they give you a reason? A. They say because the city council direct me to do so, and that made me -- Q. Are you aware that the city council directed you to do so? A. No. Because at that time they asked me if I was open, and I say no, so I did not recall any restriction or anything and thought that, you know, if they impose or not direct me to -- or direct me not to open they should send me an official letter saying you cannot open for business. Q. Did you receive such an official letter? A. Or at least they give me or have somebody come down at my place and post a sign and say this business is closed due to licensing or whatever according to the code on the guidelines of the City of St. Paul. Q. What have you been doing to occupy yourself since your cafe has been closed? AAA REPORTING (612) 469-b766 � � �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 262 A. Pardon me? Q. Should I back up? So you no longer -- is it correct that you ceased operation after the city attorney visited your business -- A. That's right. Q. -- and asked you to close? A. That's right. ¢. And what did -- is it correct then that you no longer operate the business? A. No. Q. And what did you do to occupy your time? A. To wait on this. I have another business. I have a karaoke music center that I sell karaoke machine and rent karaoke equipment and video and software to people, so most of the time I'm busy with my other business. Q. So then you are licensed to conduct business in St. Paul? You are license to -- were you licensed to conduct a business in St. Paul before applying for the Cafe Raraoke license? A. Yeah, uh-huh. Q. And what is that business? A. You mean the music store? Q. Yes. A. Well, it only the license business. AAA REPORTING (612) 469-6766 � L� 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE COURT: Is that a retail store? THE WITNESS: Yes, uh-huh. It's a retail. The only thing we need is the tax, you know BY MR. EASTERLY: Q. Have you had any problems in the operation of that business? A. No, no. THE COIIRT: Where is that business located? THE WITNESS: It's on 422 University. It's close to Marvin's (phonetic) Restaurant in that mall. BY MR. EASTERLY: Q. And you said earlier you have family living in this area? A. Yes. I have a sister -- brother and sister living in Oakdale. Q. Have they needed your -- A. Oh, yes. Q. -- your help since you've been here? A. They got a new house and they got the basement, it need to be finished so I devote my time in there trying to help them out, and they do carpentry and electrical and all that for the AAA REPORTING (612) 469-6766 i � ! � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 264 house. I spend all my time, you know, waiting for this. And, by the way, they expect that I have to pay for that Raraoke Cafe over there while they shut it down -- MR. MILLER: Objection. Goes beyond the scope of the question. MR. EASTERLY: All right. I'm asking him, your Honor, what he was doing since this karaoke cafe has been closed. THE COURT: Yes. And he`s answered that question. MR. EASTERLY: Very good. Honor, I have other exhibits that I need think they're introduced at this time. further questions at this time. THE COURT: Okay. Cross? CROSS-EXAMINATION Your I don't I have no BY MR. MILLER: Q. Mr. Phan, you bought the Cafe Thien Nga in California; is that correct? A. Yes. Q. And you began operating a karaoke business? A. No. Not right after the first time. Q. How long until you started conducting AAA REPORTING (612) 469-6766 4� ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2651 karaoke at the Thien Nga? A. March of '92 I believe I got the -- Q. That's when you got the license, but when did you start operating the karaoke machine and the business? A. The karaoke machine Started on February. Q. Of what? A. Of '93. Q. Of '93? A. No, no, no. The karaoke machine that I bought in October of '92. Q. Well, what did you do in the business -- what happened? What went on at the Thien Nga from July of '90 until you purchased a karaoke machine? A. Well, we just played the pipe music. Q. So you then purchased a karaoke machine when? A. On October of '92. Q. October of '92? A. Yes -- no, I'm sorry. I'm sorry. Q. Would it be perhaps October of '91? A. Yes. October of '91 is correct, yes. Q. All right. I'm not trying to confuse you. I just want to make sure I have the dates straight as well. AAA REPORTING (612) 469-6766 r • C� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 266 A. Yes, uh-huh. Q. So you began operating the karaoke business then, yes, in October of '91? A. Yes. In October of '91, yes. Q. Okay. And, in fact, you had received notice that you needed an entertainment license to operate a karaoke business; isn't that correct? A. Yes, uh-huh. Q. And on October 18th, 1991, you were cited for operating a karaoke business without a license; is that correct? A. That's correct. Q. And approximately six months later you obtained such a license? A. That's correct. Q. In March of '92? A. March of '92. Q. And you had to submit an application to obtain such a license; isn't that correct? A. Yes. Q. And, in fact, do you recall informing them and writing them that your place of birth was Saigon, Vietnam? A. Yes, in Saigon. Q. That's correct? AAA REPORTING (612} 469-6766 • • � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 267 A. Yes, that's correct. Q. And as some of the conditions of your entertainment license, isn't it also true that you assumed responsibility for maintaining control both inside and outside of the Thien Nga? A. Yes. Q. Including the parking lot? A. Yes. Q. And was your testimony on direct exam that you were never extorted or no one ever tried to extort money from you; is that correct? A. Correct. Q. Do you remember contacting the Rosemead Sheriff's Department on or about September 9th, 1991? THE COURT: Why don't you show him the report? BY MR. MILLER: Q. Sir, I'l1 show you what's been marked as Exhibit 20, and perhaps you want to review that. MR. EASTERLY: Can counsel have a copy of that, please? MR. MILLER: You should have a copy. THE COURT: You should have a copy. AAA REPORTING (612) 469-6766 1 • • . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. MILLER: Exhibit 2Q. A. Now that's not what I remember. This one is the one that they shoot in -- BY MR. MILLER: Q. Sir, do you recall speaking to the police now about the shooting incident? A. Yes. Q. And do you also recall speaking to the officers about someone requesting $700 a month from you for protection? A. No. Q. You don't recall that? A. No, not that one. Q. But it is in the report; is that correct? A. Yes. Q. And, in fact, the report also indicates this was not the first time people had requested you pay them protection money; isn't that correct? Sir, I'll rephrase the question. On the third page of -- on the third page, and I think you're there. A. That one? Q. Third page. Isn't it true that the officer wrote that "about three weeks ago three Asian males came into the location and asked Phan if he needed protection." Do you recall that? AAA REPORTING (612) 469-6766 1 • � � J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2b9 A. Well, protection is what that means, you know. As long as they say protection. That doesn't mean anything to my knowledge. Q. But isn't it true they had requested money to provide protection for you? A. No, not money. Q. So then is it your testimony then that September 9th, 1991, then was the first time, only time, or not at all with respect to being asked to pay money £or protection? A. Well, they say protection, but in this instance they say about $700. Q. Okay. So the report then is wrong about requesting $700? A. Right. Q. You also testified on direct exam that you did not have any problems with gangs at your establishment; is that correct? A. That's correct. Q. Do you recall that the Los Angeles Sheriff�s Department was called to your establishment on October 31st, 1991? And I'll direct your attention to Exhibit 22. Sir, does reading this refresh your recollection about an incident on October 31st, 1991, where eight gang AAA REPORTING (612) 469-6766 J � C � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a�o members were shouting the name of a local Vietnamese street gang and putting gang graffiti on items inside your establishment? Does that refresh your recollection as to that happening? A. Yes, that was happening. Q. Does it also refresh your recollection that at that time the officers also indicate in the regort that you told them that they wanted you to pay them $700 a month for protection? A. Not on that -- on this report. Q. But does it, in fact, state that you informed them that they were trying to get you to pay them for protection? A. Well, over here they say they want to protect and I say nothing to protect, so they just get mad and just like damage my furniture and something like that, but I treat them (inaudible). Q. And they told you that if you didn't pay them anyway that they would destroy your establishment and you would be hurt; is that correct? A. That's right. Q. And you operated the karaoke establishment there or were responsible for it from July of 1990 to May of '93; is that correct? AAA REPORTING (612) 469-6766 / � � C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yeah. Actually I sold the business on February of '93. Q. Yes. But you were responsible for it up until May until the new owner got -- A. By the license, yes. Q. So almost three years you were responsible; is that correct? A. Yes. Q. Okay. On May 18th of 1995 did you and Mr. Don Nguyen submit an application for a cabaret license for the City of St. Paul? A. Yes. Me and Don Nguyen, yes, we did a�i that. Q. Okay. A. With the joint name, but -- Q. And on that application did you, in fact, inform the City of St. Paul that you were associated with the Cafe Karaoke Thien Nga £rom July of 1990 to December of '93? Do you recall that? A. Yes, I recall that. I put around May in there. Q. Okay. So now you understand why the police department and licensing conducted an investigation of the place until December of '93? AAA REPORTING (612) 469-6766 9� ay� � • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2� A. Well, you know, if they put the right name in there I'm not angry with it, but they put La Rose in there. That's why. Q. Okay. And you admit that the receipt for license application that you received which has the dates from 7-1-95 to 3-31-96 does, in fact, say that your license would be mailed upon receipt of required approval; is that correct? A. Right. Q. Sir, when you obtained your license -- entertainment license in California did you have to pay money when you submitted your application? A. Yes. They say there is a license fee, yes. Q. That was in California? A. In California. Q. But didn't you testify on direct exam that it was your belief that once you pay for a license that you have it just like a driver's license? MR. EASTERLY: I object, your Honor. I don't believe that's a correct characterization or quote of what -- THE COURT: The prior testimony was? AAA REPORTING (612) 469-6766 r � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mft. EASTERLY: -- prior testimony was. 273 � THE COURT: I don't recall, but if you can answer the question go ahead and answer. If counsel is misstating what your prior testimony was, tell him that. A. we pay for license, yes, we expect to have a license BY MR. MILLER: Q. But even though in California you paid money at the'time of the application you did not receive your application right away, did you? You did not receive your license right away? A. It was mailed to us. Q. In California? A. Yes. Q. But you did not obtain your license right away, did you? A. I didn't -- Q. You had to go through a hearing process with the Rosemead City Council; is that correct? A. I tell that (inaudible). Otherwise I believe, yeah, I got the license. That's why I got the ticket. Q. Now Officer Gilkison, you heard him AAA REPORTING (612) 469-6766 • � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9� a� i 274 testify that you were always at the cafe whenever he was there; is that correct? Do you remember him testifying saying that you were always at -- A. Yes. Q. Do you also recall him testifying about other people perhaps working there? A. Yes. Q. So you did have other people working there; is that correct? A. Yes. Q. Besides yourself? A. Yes. Q. Sir, directing your attention again to Exhibit 5, the last page which talks about certification of compliance with the Minnesota Workers' Compensation Law, would you look approximately two-thirds of the way down and see the box -- in fact, did you sign this? Is that your signature? A. Yes, uh-huh. Q. Would you please look and read the box that is X'd off by yourself and please tell the court what does that say? A. I'm sole proprietor and have no employees. AAA REPORTING (612) 469-6766 r� L � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 275 Q. In £act, you did have employees; isn't that correct? A. No. Timm Gilkison is the one other and I have Duong Luan Nguyen. He's the guy that was partner. Q. Then was it just you and Mr. Nguyen who were working? A. Yeah. Q. Okay. That makes -- that's fair. And you -- in fact, on November 16th, 1995, after the second city council hearing you submitted a second application to the City of St. Paul; is that correct? A. Yes. Q. For a class III license? A. That's right. Q. And, in fact, that was after you had been informed that there was possible adverse action against you and Mr. Nguyen's initial application; is that correct? A. Yes. Q. On that second application is it true that you informed the City of St. Paul that your place of birth was Da Nang, Vietnam? A. Yes. AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And isn't it also true that you also again informed the City of St. Paul that you were involved with the Thien Nga in Rosemead £rom 7-90 until 12 of '93. Do you recall that? A. Yes. I have problems trying to remember and stuff. Q. Okay. MR. MILLER: Your Honor, that tape ran out before I could say I have no further questions. I am done, your Honor. THE COURT: Oh, you are done? MR. MILLER: Yes. Because the tape had run out out before I could say I was done. THE COURT: I am sorry. I'm sorry. I was waiting. Anything further, Mr. Easterly, on redirect? MR. EASTERLY: Thank you, your Honor. 276 REDIRECT EXAMINATION BY MR. EASTERLY: Q. Mr. Phan, what is extortion by your definition? A. Well, extortion is the guy who want us to pay money for some reason. Q. Very good. Have you ever relented to AAA REPORTING (612) 469-6766 r� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 extortion, to the best of your recollection? A. What do you mean "relented"? Q. xave you -- THE COURT: Have you ever paid 2� extortion? BY MR. EASTERLY: Q. Have you paid at their demand? A. No, never. MR. EASTERLY: Your Honor, may I ask the applicant to read this paragraph, please? It's City's Exhibit Number 22, which is the report -- THE COURT: Why don't you let me read it. I'm the one that's going to have to understand. MR. EASTERLY: All right. It's the second paragraph. THE COURT: You're talking about this paragraph? MR. EASTERLY: Yes, your Honor. MR. MILLER: What page are we talking about, please? THE COURT: Five of eight -- page eight of Exhibit 22, the second paragraph. MR. MILLER: Thank you. THE COURT: Okay. I read it. AAA REPORTING (612) 469-6766 � • � i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z�s BY MR. EASTERLY: Q. Then it's correct that you have not paid money on demand for extortion? THE COURT: That's already been asked and answered. MR. MILLER: Asked and answered. BY MR. EASTERLY: Q. All right. So let me just ask you then after reading that paragraph pointed out by the judge why you do not believe you should yield to demands for extortion? A. Well, we have police protection as the source, you know, for legal taxpayers supposed to do so. We all rely upon police protection. That's the only shoulder we can have. Q. So you believe you should in all events rely upon the police for protection, not others; is that correct? A. That's correct. Q. Very good. And, Mr. Phan, why did you submit the amended application for a class III karaoke license, which has been entered into evidence? THE COURT: Yes, I know about it. A. Well, Duong Luan Nguyen was on the name AAA REPORTING (612) 469-6766 / g� -a �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 279 with me on the application, and he help me out to design and build the Cafe Do Thanh with me, so I make a promise with him that I will give him a share of my business and profit share with him as a partner. BY MR. EASTERLY: Q. So is it correct -- A. So at the time that we owe with the ' i business application and the time consumed so much that it's one of the reason the other -- the reason that it's so confusing. He say why this happen, the City of St. Paul not allow the license and we , can obtain the license in California and we can do the business there? And they promised that we're going to have a license soon, and the dragging along until five, six month and we paid $3,000 a month for the expense to hold onto the building and wait for the hearing, so he say it takinq too much time and consuming a lot of attention that he lost to his main business, the Cafe Binh Minh, and gain nothing from over here, so he say, well, let him go. Q. Was this business your idea or Mr. Nguyen's idea? A. Mr. Nguyen and me. We both. AAA REPORTING (612) 469-6766 9�-dyl i � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zao� Q. Did Mr. Nguyen invest money in establishing this business? A. No, none at all. Q. Why did Mr. Nguyen come to Minnesota? A. Well, because I got -- I see him run a business in California with good designing of the karaoke place, so I ask him to come over and he helped me to design a karaoke place. And it fit better for the customer then, so that's why I ask Duong Nguyen to come over and help me to design and help to set up. Q. So you asked Mr. Nguyen to help you -- A. Yes. Q. -- set up this business before or after you applied for the zoning board's permission? A. Oh, that happened after we got the zoning approved. 4• A. 9• help you? A. that. You invited him to join? To join me as a partner. Well, did you invite him to Minnesota to Yeah. Oh, yeah, before that. Before Q. So you invited him to Minnesota to help you with the business? AAA REPORTING (612) 469-6766 q�-a�►� � � \. J � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 `�:�.� A. Yes. Q. A11 right. A. To see where the location is and what location is going to be good for it. THE COURT: Did he sell his interest in his cafe in California? THE WITNESS: No. THE COURT: He kept it? THE WITNESS: He kept it. BY MR. EASTERLY: Q. Where did Mr. Nguyen live when he came here? A. He lived with me in my house as a guest. Q. So you paid for his room and board; is that correct? A. It's okay, yeah. THE COURT: Where is he now? THE WITNESS: He went back to California. THE COURT: THE WITNESS: manage Binh Minh. THE COURT: To live? To live, yes. Is he going to stay �� there? THE WITNESS: He's going to stay AAA REPORTING (612) 469-6766 9�-ay� � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 :�:�a� there. BY MR. EASTERLY: Q. Have you seen this (witness indicates) statement? A. Yes. Q. What is that statement? A. This is a warning. He claim that he withdraw from the ownership of ICaraoke Do Thanh. MR. EASTERLY: Counsel, have you seen this statement? MR. MILLER: I've seen that. BY MR. EASTERLY: Q. Did Mr. Nguyen -- MR. MILLER: Your Honor, I'm going to object. This whole line of questioning is going way beyond the scope of cross-exam. Counsel had the opportunity to question Mr. Phan about these types of matters on his own direct exam. THE COURT: He does have a point, Mr. Easterly. It does go beyond. This is redirect. Are you planning on offering this exhibit? MR. EASTERLY: Yes, your Honor. Yes, I was. I'm going through this only because city's counsel raised the question about the reason AAA REPORTING (612) 469-6766 1 � � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 283 for the revised amended application and questioned Mr. Phan about why there were two names on the original application, so I thought it would be important to establish why there were two names. THE COURT: All right. The objection is overruled. Are you going to -- this would be Applicant's Exhibit Number 5? MR. EASTERLY: Yes, your Honor. `PHE COURT: That will be received then. MR. EASTERLY: Thank you, your Honor. BY MR. EASTERLY: Q. Then you invited Mr. Nguyen to come here just to help you set up the business but not to contribute -- A. Yes. Q. Money? A. My pro£its with him whenever business, the way he design, are looking good and make good money. I won't forget it. g. So did you promise to share profits with him in compensation for his help? A. Yes. Q. Was that the extent of your agreement? AAA REPORTING (612) 469-6766 yl � � J � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 284 A. That was verbal. Q. It was just a verbal agreement? A. Yes. Q. Do you know if Mr. Nguyen has permanently returned to California? MR. MILLER: Objection, calls for speculation. THE COURT: It does call for speculation. question. Honor. MR. EASTERLY: I'll withdraw the 2 really have no further questions, your THE COURT: All right. MR. EASTERLY: I attempted to obtain an affidavit from Mr. Nguyen to establish this fact that it was a technical defect, and I was unable to. minc3 anyhow. tomorrow, so THE COURT: He can always change his What he intends today he may change MR. EASTERLY questions. THE COURT Miller? I have no further Anything further, Mr. MR. MILLER: One question. AAA REPORTING (612) 469-6766 y1 • � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REDIRECT EXAMINATION 285 BY MR. MILLER: Q. Mr. Phan, isn't it true that also part o£ the reason Mr. Nguyen returned to California was because if his license application here was revoked, his license in California -- his entertainment license in California may well have been revoked as well? A. You mean -- MR. EASTERLY: I object, your Honor. That calls for speculation. MR. MILLER: Your Honor, he's testified that he's familiar with the business practices of entertainment in California. THE COURT: If it calls for some speculation as to the state of mind of another human, which is -- only if you know. I'm going to overrule the objection. MR. MILLER: I can rephrase the question, your Aonor. THE COURT: Yeah. Why don't you rephrase the question, I think. BY MR. MILLER: Q. Mr. Phan, is it true that if Mr. Nguyen's license application here in the City of St. Paul AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zs were rejected that he would lose or possibly lose his license for entertainment in Cali£ornia? A. I don't know about that. MR. MILLER: No further questions. THE COURT: Okay. I have none -- oh, yes, I do have one. Did you remodel the premises at 1275 University? THE WITNESS: No. That's done by the contractor. THE COURT: But I mean, you had it done, right? THE WITNESS: Yes. Everything. THE COURT: Did you invest money in doing that? THE WITNESS: Yes, I did. THE COURT: Can you give us a rough idea of how much money you spent to remodel that building or that premises? THE WITNESS: Yes. It's roughly about $75,000 including the £urniture and the equipment, THE COURT: Okay. And at this time do you have any partners that would be sharing in the responsibility or profits of this establishment if you were to be -- if it were to be opened? AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 further THE WITNESS: No. THE COURT: Just you? THE WITNESS: Just me. THE COURT: Okay. I have nothing Anything £urther, gentlemen? MR. MILLER: Yes. 287 BY MR. MILLER: Q. Isn't it true, Mr. Phan, that if your license application were to be denied that you would have the opportunity to file bankruptcy and not be forced and obligated to pay off these debts; is that correct, sir? A. Well -- MR. EASTERLY: Objection, yaur Honor. MR. MILLER: I would object to counsel's objection. THE COURT: Yeah. Well, your question is could he file bankruptcy? MR. MILLER: Yes. A. Well, I'm not -- THE COURT: Well, I guess he does have a legal right to file bankruptcy. We'll take judicial notice of that fact. MR. MILLER: I have nothing further. AAA REPORTING (612} 469-6766 � . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. Then you, sir, � are excused. Anything further, Mr. Easterly? MR. EASTERLY: No. THE COURT: Nothing further? All right. One last thing is if you gentleman want to make any closing statements, you have that option at this time. MR. MILLER: I would like to make closing arguments, your Honor. THE COURT: Do you want to take a short break first? MR. MILLER: Nope. I'd just as soon jump right into it. THE COURT: All right. MR. MILLER: It will take take about five minutes for me. TAE COURT: All right. And -- MR. MILLER: Actually, I'm not sure what they would like to do as far as -- (Whereupon, a brief recess was taken.) TAE COLTRT: I don't mean to pressure you. Say what you have to say, but keep in mind that I feel like I have a grasp of the issues which AAA REPORTING (612) 469-6766 � 289 1 were pointed out during the course o£ the case. 2 MR. FEINWACHS: Exactly. Your 3 Honor, basically there are two large issues of this 4 case. One is the applicant of an unfit business 5 because he operated without a license, which 6 legally apparently we all recognize that he did 7 8 9 10 11 12 � 13 � because he thought that a piece of paper which said license ef£ective was a license. And it would be our position that his reliance and his interpretation, while technically incorrect, was not unreasonable. There was evidence that was produced here that a police officer English speaking, you know, somewhat conversant with the 14 f way things work seemed to think the same way, and 15 I even thouqh that apparently happened that shou2d 16 17 18 19 not disquali£y him. The second large issue is the sort of thorny catch 22 issue. Does a business of this type cause crime or does crime attract itself to this business 20 or, perhaps more appropriately, if a business 21 caters to an ethnic community and is attractive to 22 all members of that ethnic community, will good 23 people as well as bad people frequent the 24 business? And the answer to that, I suppose, is 25 one of life's imponderables, but for the purpose of AAA REPORTING (612) 469-6766 • 290 1 this hearing we would respectfully submit that you 2 cannot deny an applicant because there are Asian 3+ gang members and some of them might drink coffee or 4 enjoy engaging in this apparently cultural karaoke 5 kind of thing which people of that ilk enjoy. 6 In addition, all of the police reports which 7 -- and all o£ these things which have been 8 9 10 11 12 . 13 14 � submitted are seemingly no greater than calls to other kinds of businesses and other locations, and the irony here, at least based on my limited experience in this area, is that normally these kinds of hearings contain a room packed with citizens and neighbors going for "God sakes, don't do it." And here the only evidence that's been 15 produced is the block president. You know, it 16 seems okay, and, therefore, it looks like there is 17 really no valid basis to deny this license other 18 than some technical imperfections which this man 19 made good every good faith effort to cure. 20 That's it. 21 22 THE COURT: Okay. MR. MILLER: Your Honor, there's 23 much more at issue than simply whether or not he 24 made a good faith effort. The city believes it's 25 proved by a preponderance of the evidence that Mr. AAA REPORTING (612} 469-6766 . 29 1 Phan and Mr. Nguyen are not and should not possess . � � a cabaret license in the City of St. Paul based on 3 several reasons. The ordinance outlines several 4 reasons or bases £or a denial mostly relating 5 around the public health, safety, or welfare or 6 whether or not those would be adversely affected if 7 8 9 10 the applicant is granted a license. The fact that Mr. Phan, who had almost three years of entertainment experience in California where he also had several problems and dealings 11 with the licensing department as did Mr. Nguyen, 12 that they now claim that here in the City of St. 13 Paul it was simply a slip up that they operated 14 without a license. That quite clearly while the 15 � license fee application does state that the license 16 is good from July lst of '95 until March 31st of 17 18 19 20 21 '96, it, in fact, says the license -- it doesn't say this, but it alludes to the fact at the bottom of that document that the license has not been issued at this point. It simply goes to show a continuing problem 22 with Mr. Phan basically thumbing his nose at the 23 system. He operates a karaoke business in 24 Rosemead, California, and Mr. Nguyen operates a 25 karaoke business in California both without karaoke AAA REPORTING (612) 469-6766 I • 292 1 licenses. Mr. Nguyen operates too many video 2 machines, again in and of itself certainly not a 3 large deal, but the fact is that he's thumbing his 4 nose at the system. The system is here to protect 5 the public. There's reasons £or the system and why 6 a compliance is to be made. 7 Part of the bases for denial and why we 8 recommend that you make a recommendation to the 9 council that the license be rejected is that he 10 does, in fact, have a history of violations, not 11 necessarily of convictions but a history of 12 violations; not only Mr. Phan but Mr. Nguyen. . 13 Another reason -- I guess I've already 14 discussed about the fact that this would be 15 � detrimental to the health, safety, or welfare of 16 the citizens of St. Paul, the fact that again he's 17 showing a continuing method of operation whereby he 18 delays his reporting of importance incidents. Guns 19 in a restaurant or in an establishment is not a 20 � nuisance type of violation. That is a public 21 safety issue, and the fact that he did not 22 immediately report that to the police is very 23 concerning -- very concerning to the police 24 department and should be to the people of St. � 25 Paul. He had the same types of problems in AAA REPORTING (612) 469-6766 . 1 2 3 4 � � California where he would delay reporting and sometimes not report. 293 Also another reason outlined in Section 426 0£ the ordinance, that he's evidenced in the past 5 willful disregard for the health, housing, zoning, 6 building and/or fire codes and its regulations. 7 Again, the fact that he's operated businesses 8 without licenses is indicative of that point. 9 10 11 12 Also, under the general licensing requirements under Section 310.06 under paragraph B6C it also goes to the fact that "A license or applicant" -- again talking about bases for denial -- "has 13 engaged in or permitted a pattern or practice of 14 conduct of failure to comply with laws reasonably 15 related to the license activity from which an 16 I inference of lack of £itness or good character may 17 be drawn." Again, I would refer the court to the 18 incidents -- the many criminal incidents which 19 occurred in the two karaoke cafes in California as 20 � well as what had happened with respect to the guns 21 and to the alleged assault in which Officer 22 � Gilkison had to call in supporting officers to 23 escort people out. 24 Under parenthesis 7 it talks about "The 25 � activities of the licensee and the license activity AAA REPORTING (612) 469-6766 s • 1 created or have created a serious danger to the 2 public health, safety, or welfare." Again, his 3 method of operation leaves much to be desired. 4 Also, then in parenthesis 8-- this is still going 5 under section 310 -- "The license business or the 6 7 8 9 10 11 12 way in such a business is operated permits 29 conditions that unreasonable annoy, injure or endanger the safety, health, morals, comfort, or repose of any considerable number of inembers of the public." Again, not only in St. Paul but what he has shown in his past almost three years of experience in California with Mr. Phan and also the 13 � two and a half years of business practice of Mr. 14 Nguyen in California. 15 16 17 Briefly I'll address also the issue that the fact that this isn't -- is regarding the application of both Mr. Duong Luan Nguyen and Mr. 18 Duong Dai Phan, not simply Mr. Phan, and that is 19 addressed specifically -- and I'll direct the 20 court's attention to Ordinance Section 310.05 (8). 21 22 23 24 • 25 I won't go into detail I'll let the court review that on its own. But even if the court were to make a decision that this should simply be proceeded under Mr. Phan, the city is quite confident that it has, in fact, presented AAA REPORTING (612) 469-6766 � � �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 295 sufficient evidence to meet its mere preponderance of the evidence that Mr. Phan ought not hold a license, and we recommend that you make a recommendation to the St. Paul City Council that the license application of these two individuals be denied. Thank you. THE COURT: All right, 2 have a couple questions maybe you can help me with. MR. MIZLER: Yes. THE COURT: Are there -- just say, for instance -- for example, if I were to decide to recommend that the license be issued, are there conditions that you feel would be sufficient to protect the health, sa£ety, and welfare of the citizens of St. Paul that could be attached to that license? MR. MILLER: Actually, I think -- THE COURT: Or haven't you had -- or do you think you've had a chance to think that through? MR. MILLER: Well, I think Ms. Schweinler testified about that fact, and the reasoning for the licensing department to recommend that the application be denied is that they don't AAA REPORTING (612) 469-6766 � � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 296 feel there are sufficient things that could be done that would warrant these individuals having a cabaret license. THE COURT: No condition that would sufficiently supervise or something -- MR. MILLER: Well, I think it's also indicative of the fact of the conditions that were imposed in the two California establishments to show that they're continuing problems despite the facts that there were severe conditions and limitations, and some of those are contained in the documents which have been submitted -- THE COURT: Right. MR. MILLER: -- that despite those conditions they continued to have the problems. I think that's quite clearly evident in evidence of the fact that, no, there probably are not any conditions which would warrant enough. THE COURT: Because there are like liquor licenses, for instance, that have conditions attached to them as to the operation and security and checking and that sort of thing. MR. MILLER: Right. THE COURT: Is there -- if you go beyond the conditions, is there a-- do you think AAA REPORTING (612) 469-6766 � � • 1 2 3 4 5 6 7 8 9 10 1Z 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 -- do you feel it would be at all appropriate to issue sort of a probationary license? Is there a provision in the code that addresses something like a probationary license? MR. MILLER: No, there is not. Quite £rankly, once a person receives a license they have a license, and quite frankly it's much more di£ficult once a person is issued a license because there have to be repeated violations before any kind of license would be pulled. THE COURT: Revoked? MR. MILLER: Would be revoked. I mean, there are suspension periods, a gradual increase in the suspension periods, but there is no probationary license. THE COURT: Progressive disciplinary stuff? MR. MILLER: Correct. THE COIIRT: Okay. I have nothing further. Gentlemen, thank you very much. I appreciate the gentlemanly way in which you were conducting yourself, and we will at this time stand adjourned. AAA REPORTING (612) 469-6766 � `J � 1 2 3 4 � � 5 �I 6 7 ' 8 ' 9 10 ' 11 12 13 14 25 16 17 18 19 20 21 22 23 24 25 CERTIFICATE r�:�:: I, JULIE L. ZIGAN, a Certified Stenographer of AAA Reporting, Inc., 21775 Laigle Avenue, Lakeville, Minnesota 55044, do hereby certify that the foregoing 297 pages of typewritten material constitute a full, true, and correct transcript of my original Stenographic notes, as they purport to contain, of the proceedings reported by audiotape to me at the time and place �� hereinbefore mentioned. �� J(1LIEL.ZIGAN 3 �� :,< � � qqq , g � : NOTRNt PudLtt-n(t1M�u07A � V.�� HAtaSEY COUNiY My Comm. ExWres Jan. 33, 2Q00 • 1'WWYWVVWVVVWWVVyyyyvvVVYV vvV i (� DATED: 2-28-96 �� '�� _ l i� L. Z an AAA REPORTING (612) 469-6766