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96-89Council File # C� � Green Sheet #. � S �e J � RESOLUTION CITY OF SAINT PAUL, MINNESOTA . /� n A �G Presented By TO . Date LICENSE SUSPENSION OF P' I�� ATTUCKS-BROOKS AMERICAN LEGION POST NO. 606 WHEREAS, the matter of a proposed eighteen (18) day suspension of the licenses held by the Attucks-Brooks American Legion Post No. 606 located at 976 Concordia Avenue came on for heazing before the Saint Paul City Council on January 24, 1996, and WI�REAS, the Council was furnished written information concerning the facts asserted by city staff in support of the proposed eighteen (18) day suspension: (1) a prior notice to Post No. 606 dated Mazch 4, 1993, which contained the same violations in 1993 as are now presented to the Council; (2) a police report dated November 13, 1995, stating that non-members and unauthorized persons were in the Post; and (3) sample flyers distributed by the Post's agents soliciting the patronage of the public-at-lazge; and WHEREAS, the on-sale intoxicating liquar license held by the Post limits the sale of alcohol to members of the Post and their bona fide guests, and does not allow sales or service to the general public; and WHEREAS, the Council was additionally apprised by concerned citizens and neighbors at such heazing of the injurious and debilitating effects of purported dnxg sales on or about the property of the Post; and WHEREAS, representatives of the Post were heard and admitted the facts referenced above, but stated points in mitigation of the recommended penalty; now, therefore, be it RESOLVED, that the Saint Paul City Council finds that the Post had notice that the violations existed in 1993 and failed to correct them as evidenced by the documents referenced above which are incorporated herein by reference, and be it FURTHER RESOLVED, such violations contravene the conditions imposed on the Post since Mazch 4, 1993, and aze a violation of the ordinance regulations governing an on- sale into�cating liquor license issued to a club; and be it FURTHER RESOLVED, that the Council hereby imposes a suspension of cC h�ss�v � l4'� days upon the PosPs licenses beginning at13:u1 am. ��996, and ending at Il'.59 pm. on Su.�a..� . Mn.�1.3 , 1996; and be it -�— p.Z��2 ��- �` 1 FINALLY RESOLVED, the City Council imposes on the Post the conditions set forth 2 as an attachment to the December 12, 1995, letter to the Post from the Office of the City 3 Attorney, which are incorporated herein by reference, such conditions to be binding on the 4 Post and any violation of such conditions shall be grounds for adverse acrion against any or 5 all licenses held by the Post, including additional suspensions or revocation thereof. By: Appx By: Requested by Department of: Ey: Form A by City Atto ney c sy: %-IG - ' � Approved by Mayor for Submission to Council By: Adopted by Council: Date � �{c' Adoption Certified by Council Secretary Council .ARd0T50II 24, 1996 i/17/96 GREEN SHEET �`-� (v° 35632 _ INITIAL/DAiE INRIAVDATE ODEPAF�MENTDIRECTOfl OCITYCAUNCIL � GTYATfORNEY O CITY CLERK FOP � BUDGET DIRECTOR Q FIN. & MGT. SEflVICES DIR. . � MAYOq (OF ASSISTAN'n O TOTAL # OF SIGNATUFE PAGES (CLIP ALL LOCATIONS FOR SIGNATUflE) Adverse action against licenses held by Attucks-Brooks American Legion Post No. 606, 976 Concordia Avenue. RECOMMENDATIONS: Apprave IA) or Rejett (R) _ PLANNING CAMMISSION _ CIVIL SEMICE CAMMISSION — CIB COMMITTEE _ — STAFF _ _ DISTRICT CAURT _ SUPPORTS WHICH COUNqL O&IECTIVE? ISSUE. IF APPROVED: TOTAL AMOUNT OFTNANSACTION (Who, Whet, When, Where, PERSONAL SEflVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: 1. Has Nis persoNfirm ever worked untler a wntract for this deparfinent? YES NO 2. Has this person/firm ever been a ciry employee? YES NO 3. Does this person/firm possess a skill not normally possessetl by any curtent ciry employee? YES NO Explain all yea answera on separote sheet and attach to green sheet COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDILdG SOURCE ACTIVITY NUMSER FINANCIAL INFORMATION. (EXPLAIN) � �. � ��-�q RECO?�1'�gNDED COI�TDITIOI�'S COMPLY WITH EXISTII�TG LAW The licensee and its officers «ill tal;e Feffective steps to guarantee tl�at: a. The only persons admitted into the licensed premises shall be members and their bona fide wests. b. The licensee ��ill not serve zlcoholic beverages to any member under the age of 21, and H�ll require all guests of inembers to have identification of age at all times while they are on the licensed premises. c. The licensee uill not sen�e or seil alcoholic beverages to any person under the age of 21, nor permit any person under the age of 21 to consume an a]coholic beverage on the licensed premises. d. No sales of a]cohol �k�ll be raade for consumption off the licensed premises. e. No person shall be allowed to carry any alcoholic beverage from the licensed premises. *"Effective steps" shall include the provision of clearly identified security personnel on the licensed premises from 2 p.m. to closing each day that the bar is open to members. 2. DO NOT ALLOVJ LICENSED PREMISES TO FACILITATE THE DRUG TRADE a. The licensee and its security personnel shall not allow any persons to loiter in the vestibule to the licensed premises, or on adjacent property owned by the licensee. b. The licensee shall not instail, and shall remove and/or take steps to request that the telephone company remove, any telephones which are located outside the licensed premises on the properiy of the Attucks-Brooks American Legion Club. c. The licensee and its security personnei wili take effective steps to provide security in the bathrooms for the purpose of preventing drug transactions and for the purpose of providing safery for club members and guests. d. Keep out all non-members. �. °� �—c�� RECOI�Rv1ENDED COIvDITIONS Page 2 December 12, 1995 3. COOPERATION ��TTH NEIGHBORHOOD The officers of the licensee shall meet at least once a month � ttie representatives of the Mazshall Concordia Block Associatian to discuss problems andlor complaints that may arise about the operation of the licensed premises or its effects on the nei2hborhood. 4. NIAI�TAGE?�gNT REORGA?�IZATION The licensee shal] tal:e appropriate steps to reorganize the management and operation of the Club, as may be required, to effectively implement the above conditions. �. DOOR SECtiRITY The licensee shail install or modify existing doors to the satisfaction of ihe license inspector so as to control ingress and egress to the Club. recomrnd.wn cl� oF san.�r Patn. T'orm Coleman, Mayor OFT-''CE OF THE CITY ATTORNEY Ti. � � ,E A4arr, Cip� Atrornr�• � / ,�� l0 Civi1 Dirisioa 400 Ciry Hal1 IS N'est Kellogg B(vd Sainl Paul, Minnesou 55102 Telephone: 611 166-8:10 Facsimile: 671 ?98-5619 December 12, 1995 Attucks-Brooks American Legion Post No. 606 976 Concordia Avenue Saint Paul, NLN 55104 Commander Geae Barber 58 Lyton Piace Saint Paul, I✓�N 55103 First Vice Ccmmander Ernest Sinkfield 225 Thompson Avenue West Saint Paul, MN 55118 Adjutant Perry Pickens 1515 North Dale Street Saint Paul, N�T 55117 Finance Officer Harry D.S. Thomas, Sr. 545 West Sandhurst Drive, �302 Roseville, N�i 55113 Re: Licensed Premises at 976 Concordia Avenue, Saint Paul, MN Dear Messrs.: The city license inspector is recommending adverse action, namely an 18 day suspension, against all of the licenses held by the Attuck-Brooks American Legion Post #606 (hereafter the Club). The basis on which that recommendation is made is as follows: 1. The Club has allowed non-members (including persons who are not guests of inembers) access to the premises and operation of the Club and engaged in selling alcoholic beverages to such persons in violation of the law. These activities have substantially contributed to a situation where the Club has become a haven and shelter for non-members, some of whom are selling unlawful drugs or controlled substances on the streets and sidewalks surrounding the Club. Neighbors residing in the vicinity � L � ��. Attucks-Brooks American Legion Post No. 606 Page 2 December 12, 1995 _ of the Club have right£ully �o�n�la�nPd that *� of the drug nealers in the vicinity of the Club is having an extremely detrimental effect on their community. 2. The Club has distributed or caused to be distributed flyers or lea=lets encouraging the public-at-large (non- members) to drink at the Club in violation of its license. 3. In February 1993, Robert Kessler of the City's Office of License, Inspection, and Environmental Protection imposed various restrictions on the Club's license. This was done in lieu of t�king adverse action at that time. The restrictions were acquised to by the Club and in the main, addressed the sGme kinds of violations that have now been d?scovered. Unfortunately, this remedial solution was not adhered to by the Club. Because of the Club having been put on notice and its refusal to comply, the suspension is being recommended. If you agree both that the �bove statement is accurate and fairly summarizes the problem, and also that the Club is responsible for the continuation for the problem to the extent that it continues to violate the law in sezving alcoholic beverages to non-members, it will be up to the City Council to decide the proper remedies and/or adverse actions. Please call me at 266-8710 to arrange for a hearing date in front of the Council. If you do not contest the charges, the license office will recommend a eighteen license suspension as stated, together with the imposition of conditions similar to those attached to this letter. You would be free, if you so choose, to argue before the Council for a lesser suspension or a different set of conditions. If you do not agree with the above statement of the facts, I will schedule a hearing before an independent hearing examiner at which you will have a chance to contest the facts. If such a hearing is held, the license office reserves the right to ask the judge and the City Council for a more severe penalty, and more stringent conditions, depending upon the evidence that is received. If you have any questions, please call me. I need a response from you on or before December 20, 1995. If I do not have a response, �c-�y Attucks-Brooks Anerican Legion Post No. 6067 Page 3 December 12, 1995 I wi11_asG tik` }�ou—w�a�.-z�°�ng�Ur-e--an—snd-egerrd-e� hearing examiner, �nd will proceed to schedule it. Yours very t y, � GL_.,I �� c ��f/'-:� Paul F. Mc loskey Assistant City P.ttorr! y PFM:jaw c: Robert Kessler Director, LI�? Captain Mike Smith SPPD Lt. Gary Briacs FORCE Unit, S??D Susan Haigh Board of Ramsey County Commissioners Marshall-Concordia Block Club Attn: Lucy Bloedorn Saint Paul, 1�7 55104 Summit-University Planning Council Attn: Executive Director 627 Selby Avenue Saint Paul, MN 55106 attuchs.ltz OFFICE OF THE CITY ATTORNEY Tunoihy & Mars, City Anorney � / „� � �o CITY OF SA1NT PAUL Norm Coleman, Mayor Civi1 Division 400 City Ha11 IS West Kellogg Btvd Saint Pau1, Mismesota 55702 Te7ephone: 6I2 266-8710 Facsimik: 672 298-5619 %'� � - --. � _ �.. - " � # ., _ - . .. January 16, 1996 Nancy Anderson Council Secretary 310 City Hall Re: Attucks-Brooks American Legion Post No. 606 Uncontested Hearing Dear Ms. Anderson: Under separate cover, I have furnished you with a notice letter and attachments directed to the officers of the Post concerning a license hearing set before the Council on January 24, 1996. I understand that you have noted this matter on the Council agenda and distributed the materials to the members. Enclosed hereweith is a proposed resolution which I would appreciate your having available for consideration by the Council as they resolve the matter. The effective date portion has been left blank for the Council's determinations. Yours very truly, �c� c Paul F. McC Assistant City Attorne Enclosure PFM:jaw c: Bob Kessler � c: =!;�: � v .... :.'�r Anderson.ltr OFFICE OF THE CITY ATTORNEX Timolhy B Mars, Ciry Attorney �` �� cT� oF sAn�rr pA�. No'm Coleman, Mayor Civil Division 400 Ciry Hall IS West Kellogg Blvd Sa'nmt Paul, Mirrnesom 55l02 Te7ephone: 611 266-8770 Facsimile: 612 298-5619 January 3, 1996 Attucks-Brooks American Legion Post No. 606 976 Concordia Avenue Saint Paul, MN 55104 Commander Gene Barber 58 Lyton Place Saint Paul, MN 55103 First Vice Commander Ernest Sinkfield 225 Thompson Avenue West Saint Paul, MN 55118 Sergeant-at-Arms Phil Archer 423 North Western Avenue Saint Paul, MN 55103 Adjutant Perry Pickens 1515 North Dale Street Saint Paul, MN 55117 Finance Officer Harry D.S. Thomas, Sr. 545 West Sandhurst Drive, #302 Roseville, MN 55113 Mr. Norm Rawlings 1146 Ashland Avenue Saint Paul, MN 55104 � UNCONTESTED HEARING NOTICE January 24, 1996 - 3:30 p.m. Uncontested Hearing Third Floor City Hall (Licensed Premises at 976 Concordia Avenue, Saint Paul, MN) Dear Messrs.: A hearing regarding the proposed 18-day suspension of the Post's private club license will be held at the above stated time and place before the Saint Paul City Council. The Post has been charged with: � `-�°� Attucks-Brooks American Legion Post No. 606 Page 2 January 2, 1996 1. Allowing non-members to enter its premises and serving them alcoholic beverages. A copy of the November 13, 1995, police report authored by Sergeant Thomas Smith, a copy of which is attached, evidencing this will be furnished to the Council. 2. Distributing or allowing to be distributed flyers soliciting the trade of the public at the Post in violation of its private club license. A sample copy is attached and will be furnished to the Council. 3. Engaging in the above activities even thouqh the Post had committed similar violations in the past which caused the City to impose conditions on the Post as reflected in this office's March 4, 1993, letter, a copy of which is attached and will be furnished to the Council. These activities and general lack of oversight by the Post in supervising its licensed premises has caused and continues to cause drug trafficking in and about the parking lot controlled by the Post. At a meeting held in our office on December 18, 1995, with myself, Bob Kessler, and representatives of the Post, the above facts were admitted. The Post's representatives, while agreeing with the City's facts, reserved the right to argue solely mitigating factors as to the severity of the proposed 18-day suspension. A copy of the conditions to be imposed on the Post's license is also enclosed. They are exactly the same as those imposed in 1993 but add a new one regarding door security. If I do not receive a response to this letter, I will assume that our verbal understanding still holds which is that the Post does not want to contest the facts in this matter but only argue mitigating facts and circumstances before the Council. Y�� very trul , c Paul F. eCl skey Assistant City Attor e PFM:jaw Enclosures attuchs.lt2 �� c: Robert Kessler Director, LSEP Captain Mike Smith Lt. Gary Briggs FORCE Unit, SPPD Susan Aaigh Board of Ramsey County Commissioners Marshall-Concordia Block Club Attn: Lucy Bloedorn Saint Paul, MN 55104 Summit-University Planning Council Attn: Executive Director 627 Selby Avenue Saint Paul, MN 55106 Nancy Anderson Council Secretary 310 City Hall attuchs.l[2 , �.�s . .�-' �:� � � � , NARRATtYE ,, mx� :� £ �. . �,«>.,� _ , ,,. A�resf Number Last Name � First Niddle� Address DOB Age SeX Rtce I _ _ _ _ __ __ _______ --. -- _ . _ SCG qtfSC,�f,� - _ - - -- - - --- — - — . - _ - -- --- - - - - - _. . . - - - --- � � - --- W"" - - l- � n , � , Q �v (� _ i ) �� . �l �`►l�'' . , orr��e�: -- - � ��S _ ---- ----- ----- 1 , _ � ----- -_ _-- - ---- ------- - ---- l�G �� - -- -- - --- „_ :��V--x �i9J5--- - --- � � __ -- -- - --------�� E �---- �- --- _ _ - _ _ _ __ - � _ -- - -- - , 0 _ . _ _ _ _ _ _ _ _ _ __ _ -- - - - - ----- -- -- - - -- • z �_ I �Yes � No I I ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ la6 ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C � Burg ❑ Theft Q Prop � CAU � F8F � Auto � DAO ❑ CO ❑ HumServ � PM 627-92R l � ST. PAUL POLICE DEPARTMENT - �(� ..�'y ga9a _ ot GENERAL REPORT - � � -` / -- On r�13 9S gt. mi�m c ar� ge of the following Force Unit Officers who made entry into the Legion VFW Post, at 976 Concordia, Strickland, Smolik, Trow, Ossell, McCarty. The reason for our appeazance ��as in response to many neighborhood complaints about non- members, and drug dealers «�ho frequent the club. The Concordia and Marshall Block Club has worked closely with members of the Force Unit in trying to find viable solutions to street level nazcotics dealing, which they believe is directly tied with the VFW Post. Block club members have also expressed concern (including some who aze VFW Members) that the VFW is being taken over by non-member drug dealers, w�ho in tum supply the street dealers who are destroying their neighborhood. On today's date, the above mentioned officers made entry into the Legion Post. Our main objective ��as to ascertain how many "non-members" were actually on the premise. Of note, Legion by-laws state that oniy official card carrying members, including one guest, can be allowed inside of the buzzer controlled front door. The following aze individuals who were inside of the club without membership cazds, including individuals �yho claimed they were not members or a guest of a active member; ANDRE BERNARD BUFORD-8-27-68, 1195 PORTLA2QD-stated he was not a member, and was not a guest. JAMES LBE FRAZIER-12-25-70, 469 ADA-stated not a member or a guest. TONY LEE LOVE-8-14-66, 927 MARSHALL-stated not a member or a guest, there to play darts. ROBERT LITTLES-43YRS, stated was a member but did not have his cazd. KEVIN TABOR-43YRS, 1007 FULLER, not a member. LEON DAVID KIRK, 2-4-63, not a member. LEROY HAYES JR. stated was a member but had no cazd. RANDALL WILLIAMS-stated was a member but had no cazd. ROBERT LEE ROOKS-11-8-65, not a member. WAYNE ANTHOI3Y LINDSEY-6-i 1-70, not a member. At the scene I spoke with the Assistant manager, a LEONARD FRANKLIN. I told Franklin our purpose for being there, and also informed him that the Legion Boazd had not followed up with Force Officer Moriarty on finding some solutions to help them with their problems. Franklin told me that over 32 individuals who they believed were causing probiems, or dealing drugs inside of the club, had been barred from the Post. I will be meeting with Franklin and other boazd members to address some of the neighborhoods ongoing concems in the near future. COPY CITY LICENSING, ATTENTION ROBERT KESSLER �` �� - � INTRODUCING " LAID BACK JIIST KICKING ZT " " SUNDAYS " WHERE: TAE AMERICAN LEGION CORNER OF CHATSWORTH AND CONCORDZA TIME: 6:00 - 1:00 A.M. COST: $1.0� GOVER CHARGE D.J. C1 "IN THE HOUSE KICRING IT" PLAYING EVERYBODIES EAVORITES "BLUES" �� ,�� r. � M t_ �... _ _ . . - . . "HIP-HOP ` "JAZZ" "RELA.YING SLOW JAMS" C 1 +� CITY OF SAINT PAUL lamu Scheibe� Mayor OFF. : OF THE CITY ATTORNEY ' A, Nmalit E Hudroq Ciry Atromey l'� / p./X �] EV � 800 Landmmk Towers Tclephone 3J5 Sv Pcu7 Saea Civ+Z 298-SI21 Saint Paul, Minnesota SSIO2 CriminoL• 298-;271 March 4, 1993 Attucks Brooks Fsnerican Legion Post n606 976 Concordia Avenue Saint Paul, Minnesota 55104-5419 Attn: Cecil A. Little, Manager James Murray, Officer Donald A. Russell, Officer Henry Thomas, Officer RE: Licensed Premises at 976 Concordia Avenue, Saint Paul Dear Messrs. Little, Murray, Russell and Thomas: The license inspector is reconmending adverse action against all of the licenses held by the Attucks Brooks American Legion Post n606 (hereafter, "the Club"). The basis on which that reconmendation is made is as follows. The licensee has allowed non-members (including persons who are not guests of inembers) access to the premises and operation o£ the Club, selling alcoholic beverages to such persons in violation of the law. This has substantially contributed to a situation where the Club has become a haven and shelter for non-members, some of whom are selling unlawful drugs on the streets and sidewalks surrounding the Club. Neighbors residing in the vicinity of the Club have rightfully complained that the presence of ,the_ drug dealers in the vicinity of the Club is having an extremely detrimental effect on their community. Representatives of the Club have refused to agree to conditions on the license of the Club which would require compliance with the law, in particular that the Club should not be operated as an open bar, but should be restricted to members and bona fide guests. �� If you agree both that the above statement is accurate and fairly summarizes the problem, and also that the licensee is responsible for the continuation for the problem to the extent that it -----��e� t� tYre law in serving a co o ic beverages to non- members, it will be up to the City Council to decide the proper remedies and/or adverse actions. Please call me at 298-5121 to arrange for a hearing date in front of the Council. If you do not contest the charges, the license office will recommend a six-day license suspension, together with the imposition of conditions similar to those attached to this letter. You would be free, if you so choose, to argue before the Council for a lesser suspension or a different set of conditions. If you do not agree with the above statement of the facts, I will schedule a hearing before an independent hearing examiner at which you will have a chance to contest the facts. If such a hearing is held, the license office reserves the right to ask the judge and the City Council for a more severe penalty, and more stringent conditions, depending upon the evidence that is received. If you have any questions, please call me. I need a response from you on or before March 12, 1993. If I do not have a response, I will assume that you want the hearing before an independent hearing examiner, and will proceed to schedule it. Very truly yours, �� ' � �� Philip B. Byrn Assistant City Attorney cc: Robert Kessler Director, LIEP Lt. Ron Ryan Vice Unit, SPPD Lt. Gary Briggs FORCE Unit, SPPD Cecil A. Little 813 E. County Road B Maplewood, Minnesota 55117