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96-966��,� Presented By Referred To 1 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 COmmittee: Date RESOLVED, that the Gambling Location (C), Liquar On-Sale (C), Sunday On-Sale and Restaurant (A) license (License ID No. 15877) held by Jimbee Corporation d/b/a Mike's Baz and located at 326 Grove Street, Saint Paul, be suspended for a period of eighteen (18) day commencin on ScTy �qqG for the violation of "Sale of Alcohol to an Unde�rage erson." �� FVa �� o�n�:,� ..� � or� � �1nev+n Vol��•e. '�"O ar'�'Ca.��ro'A �� 1+H'4�fr a�� 4 b'� � SS�►eC'�• rV31.h}wv�.` . This Resolution and the action taken above are based upon the facts contained in the �� rqm Saint Paul Police Report CN 96-061-323, the facts of which are suminarized 'm the May 14, �� 1996 Notice of Complaint letter to the licensee, and the admissions of the licensee that he does not dispute the facts stated in the Notice of Complaint letter and such arguments as may have been presented to the Council at the public heazing. - rh� awo��. cmr.�•;�-;o� ahowl�l be. add� -t� +1,�. `�"'� ��" ""�� — — ��CCV�SG. r Requested by Department of: $y� 3 . Approved by Mayor: Date Z "iL sy: ! UL(L `�� RttieN o��o $��w� �� Council File # 9 G- 9� C Green Sheet # �_ RESOLUTION CITY OF SAINT PAUL, MINNESOTA 7� Ic �1/�1B��IG �[iH�i � Form Approved by City Attorney BY : `"✓ f/C . � � Approved by Mayor for Submission to Council By: Adopted by Council: Date ` Adoption Certified by Council Secretary q � - RGG oClYyEC011IlC11UNC1L o�%23�96 GREEN SHEE N°• 17141 � CONTACT PERSON & PHONE INITIAWATE INITIAVDATE � DEPARTMENT �IRECTOR � CI7Y COUNCIL Councilmember Thune 266-8620 assicx �arrnrrowuev Ocmc�eaK MUST BE ON COUNGIL AGENDA BY (DATE) NUYBER FOF ❑ BU�GET DIflECTOR � FIN. & MGT. SERVICES DIR. ROUTING �1llgllSt I�V 1996 OHDEP �MAYOfl(OFASSISTANn � TOTAL # OF SIGNATURfl PAGES (CLtP Att LOCATIONS POR SIGNATURE) ACTION FE�UE5TED: Concerning adverse action against licenses held by Jimbee Corporation dba Mike's Bar, 326 Grove Street. (Uncontested) RECAMMENDATIONS: Approve (A) or Re�ect (F) pERSONAL SERVICE CONTfiACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has ihis persoNfirm ever worked untler a contraa for this departmenf? _ GB COMMITfEE _ YES NO 2. Has this person/firm ever been a city employee? _ STAFF — YES NO _ DiSrRIC7 CoURT _ 3. Dces this persoMfirm possess a skitl not normafl y possessed 6y any arrent city empioyee? SUPPOflTSWHICHCOLINCILO&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What. WPen, Where, Why): ADVANTAGESIFAPPROVED �ISAOVANTAGES IF APPROVED. ��t1�� < �7�9 �?�� Jlll. � 3 19�6 __�_. .�_.r_ _-- - _.� DISADVAN7AGE5 IF NOT APPROVED: TO7AL AMOUN7 OFTRANSACTION $ COST/REVENUE BUDGE7ED (qRCLE ONE) YES NO FUNDING SOURCE AC7IVITV NUMBER FINANCIAL INFORMATION (EXPlA1N) �C�-�� UNCONTESTED LICENSE HEARING Licensee Name: dimbee Corporation d/b/a Mike's Bar Address: 326 Grove Street Council Hearing Date: August 14, 1996 Violation: Sale of Liquor to a Minor Minn. Stat. § 304A.503 (1994) St. Pauf Legislative Code § 409.08 Date: Place: May 3, 1996 Licensed Premises Matrix Presumptive Penalty: Eighteen (18) Day Suspension Recommendation of Assistant City Attorney on behalf of client, OfFce of License, Inspections and Environmental Protection: Eighteen (18) day suspension (third offense) Attachments: 1. Proposed resotution 2. License information 3. Letter of licensee or attorney agreeing not to contest the facts 4. Notice of violation 5. Investigation Report 6. Police Report �� ! S'� r y� t� ��,-g�� p wl�a �'v e 2 t�,� E. �ac�, � � c�� a � �� t,,, e w, !1 � � (7 G � /1 � 7� � �'��'Y �aUn�` f f vh p V lZt �► �� -Z4 � ( �Ct �O 6.�0 r / ��,' t� 4 i, ��`� Q V C►. l�,5 Q b ez '�' �, (�S lYllv�� ' �►� r, K yb (� ,�� .��=�:�_ . �-: �.:�t _ _ _: - r c: c i. �-_.- . �_ n: r.z �. F [ t E � t" �=�" 1 ��';. k� �• � i .� C� i � ,. - - E r ' _ �� c� �ee� G�a2P�1 �Q�a �, kes_ ��2 3 � � (� a v �- ,-S�'. �, �.. U� l m �, �s�o Lic ID ......:............ STAT ..................... Business Name............ Doing Business As.....,.. Address__________________ Zip •• .................... Exp Date ................. License Name ............. NOTE AREA ................ �5s�� qG-�G� AC JIMBEE CORPORATION MIKE'S BAR 326 GROVE ST 55101 04/30/97 GAMBI,ING LOCATION (CLASS C) LIQ-ON SALE-100SEATS/LESS-C SUNDAY ON SALE LIQUOR RESTAURANT (A)- ZERO-12 SEATS 10331 032686 PH ON REQUEST TO CHANGE CORP OFFICERS APPROVED C.F. 86-366 75 SEATS 5-5-87 121588 PH ON SUSPENSION OF LICENSES - REPRIMAND ON LY NO CLOSING "COUNTED AS A FIRST OFFENSE" 7/6/89 PH ON APPN FOR NEW OF GAMBLING LOCATION-C LIC APP'D C.F. 89-1212 062890 PA OI3 REQUEST FOR ONE DAY EXTENSION OF SERV ICE AREA ON 070390 AND 070490 FROM 7:00 PM TO MIDN IGHT TO THE PARKING LOT ADJACENT TO THE BUILDING A Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . PP'D C.F. 90-1124 UNDER SUSPENSION OF RULES . OS/09/91 OFF SALE MALT DELETED FROM FILE PER REQUE . ST FROM BARB ON 5/8/91. T.L. . 7/13/94 PH ON SUSPENSION OF ALL LICENSES -- . SUSPENSION APP'D FOR 60 DAYS FR/9-4-94 THRU 11-2-9 . 4. ALSO $20,000 FINE PAYABLE TO THE LIEP OFFICE . ON OR BEFORE 11/2/94 & ESTB CANNOT RE-OPEN IF THE . FINE HAS NOT BEEN PAID. FAILURE TO PAY IS GROUNDS . FOR REVOCATION OF ALL LICENSES -- C.F. #94-966 . 8/10/94 AMENDED RESOLUTION C.F. 94-1165 APP'D . 60 DAY SUSPENSION FROM 9/4/94-11/2/94 AND . 1) THE LICENSEE SHALL PAY THE SUM OF $3,225.20, . WHICH REPRESENTS THE COSTS OF THE CONTESTED CASE . HEARING, OF LIEP, IN MONTHLY INSTALLMENTS ON OR . BEFORE 9/1/96; . 2) THE TWO CORPORATE OFFICERS OF THE LICENSEE, . JAMES AND BETTY HARDING, AND THE MANAGER OF THE . LICENSEE, AL UNISE, SHALL SPEND AN AGGREGATE TOTAL . OF 1,000 HOURS OF UNCOMPENSATED COMMUNITY SERVICE . BY WORKING FOR THE UNION GOSPEL MISSION AND/OR THE . EAST TWINS BABE RUTH LEAGUE OVER THE NEXT THREE . YEARS, BEGINNING 9/1/94 AND TERMINATING 8/31/97, Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . SUCH HOURS VERIFIED BY THE DIRECTOR OF LIEP AND . 3) THE LICENSEE SHALL EXECUTE A SETTLEMENT . AGREEMENT (WHICH SHALL INCLUDE A WAIVER OF ALL . APPEAI, RIGHTS) IN FORM APPROVED BY THE CITY �t�-9�� ATTORNEY OF ALL MATTERS RELATING TO THIS MATTER AND ITS DISPOSITION ON OR BEFORE 9/1/94. IF THE LICENSEE DOES NOT EXECUTE SUCH AGREEMENT ON OR BEFORE 9/1/94 THIS PIaRAGRAPH SHALL BE NUI,L AND VOID, AND THE PREVIOUS FURTHER PROVIDED ADOPTED 7/13/94 SHALL BE REINSTATED AND APPLICABLE TO THE LICENSEE PER ITS TERMS. THE FOREGOING CONDITIONS SHALL BE A CONDITION OF EACH LICENSE HELD BY THE LICENSEE AND RENEWAL THEREOF UNTIL 8/31/97. IF THE LICENSEE SHALL FAIL TO COMPLY WITH THE FOREGOING CONDITIONS, AND WITH THE TERMS OF THE SETTLEMENT AGREEMENT TO BE EXECUTED ON OR BEFORE 9/1/94, SUCH FAILURE SHALL BE GROUNDS FOR REVOCATION OF ALL LICENSES HELD BY THE LICENSEE. 12/O1/94 REC'D FIRST PAYMENT OF $150.00 12/29/94 REC'D PAYMENT OF $150.00 O1/30/95 REC'D PAYMENT OF $150.00 Q2/28/45 RSC'D PAYMENT OF $150.00 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° . 5/31/95 NOTICE OF LICENSE SUSPENSION LETTER SENT . 6/30/95 RECEIVED PAYMENT OF $150.00 . 7/31/95 RECEIVED PAYMENT OF $150.00 . 9/30/95 RECEIVED PAYMENT OF $300.00 - T�AR . 10/31/95 RECEIVED PAYMENT OF $150.00 - T•AR . 11/30/95 RECEIVED PAYMENT OF $150.00 - T�AR . 12/29/95 RECEIVED PAYMENT OF $150.00 - LAB . 1/31/95 RECEIVED PAYMENT OF $150.00 - T�AR . 2/29/96 RECEIVED PAYMENT OF $150.00 - 7.AR . 4/1/96 RECEIVED PAYMENT OF $150.00 - T�AR . 4/30/96 - RECEIVED PAYMENT OF $150 00 - T�AR 9600 E71 ° LOG CLOSED ° PRINT OFF ° 03/31/95 REC'D PAYMENT OF $150.00 4J28J95 REC'D PYMENT OF $150.00 5/24/95 C.F. #95-575 APP'D LICENSES SUSPENDED FOR SIX (6) DAYS COMMENCING ON 6/4/95 FOR THE VIOLATION OF SAVE OF ALCOHOLIC BEVERAGE TO AI3 INTOXICATED PERSON 5/31/95 REC'D PAYMENT OF $150.00 Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond Expiration Date..... Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. Dealer No ........ ....... Tax Id••• ................ Worker Comp Exp Date..... LLOYDS OF LONDON LEXINGTON IN S CO 04/24/96 04/30/97 JAMES HARDING BETTY LOU HARDING 6087682 OS/18/94 Telep'hone ................ 291-9605 Press 'C' to continue, 'P' to print, or 'R' to redisplay... C�' 1� p Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° OFFI� JF THE C1TY ATTOR!�EY T+mothy E. Afan, Ciq�.4rtornc}• SAfNi lJ�UL � AAAR CITY OF SAL'�T PAUL A'arm Coleman, Ma�ror May 14, 1996 James L. Harding azd Betty L. Harding Mike's Bar 326 Grove Street Saint Paul, Ninre=ota 55101 Cn�il D'n•ision 400 Ciry Na17 I S West Kellogg Bhd Saint Pwl, Minnesom 55702 Re: Licenses of Jir::bee Corperation d/b/a Mike's Bar License ID No. 15877 Our File Nu,�er: G96-0207 Dear Mr. and Nrs. Harding: 7'elephone: 612 ?6G8'JO Facsimile: 611798-56/9 I am in receipt cf information that could lead to adverse action against all your licenses. The basis for adverse action is: On May 3, 1996, at approximately 9:50 p.m., 2 minors purchased beer on the licensed premises without being asked for aay identification as to age. The sale to the minors was a violatioa of Section 409.08 of the Saint Paul Legislative Code, as well as of state law, Minn. Stat. § 340A.503 (1994). If you do not dispute that the above sale took place, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. 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 facts if we are going to £ollow that path. On the other hand, if you dispute the above £acts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you c;ill 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 five days from the Page 1 ��-��G date of this letter. Ii I do not hear from you, I will schedule the administratice hearing, and you may be held responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or :.ave your attorney call me at 266-8710. Very truly yours, � � � � �1J V�i'Y� Virgiri'ia D. Palmer Assistant City Attorney cc: James Harding and 3etty Harding, 831 E. County Road D, # 207, Vadnais =eigrts, ?✓_N 55109 Robert Kessler, Director, LIEP Gary Pechmarn, Deputy Director, LIEP Donavan Cummi�gs, President, Dayton's Bluff Center for Civic Life, 770 E. 6th St., St. Paul, MN 55106 James Erchul, Directcr, Dayton's Bluff Neighborhood Housing Service, 551 E. ?ifth St., St. Paul, MN 55106 Karin DuPaul, Presinent, Upper Swede Hollow Neighborhoods Assoc., 668 Greer.brier St., St. Paul, NLrT 55106 Kathy Smith, Community Organizer, Dayton's Bluff Center for Civic Life, 281 N.aria Ave., St. Paul, N�T 55106 Carol Carey, Director, Upper Swede Hollow Neighborhoods Assoc., 729 E. Seventh St., St. Paul, N�T 55106 Page 2 ��-q�� STATE OF MIND7ES01A ) ) ss. COUNTY Or RAMSEY ) AFFIDAVIT OF SERVICE BY MAII, JOANN� G. CL�?✓:BN`PS, being first duly sworn, deposes and says that on May la, 1596, she served the attached LETTER on the �ollowing named persons by Alacing a true and correct copy thereof in an envelope addressed as follows: James L. Harding and Betty L. Harding Mike's Bar 326 Grove Street St. Paul, MN. 55101 James Harding and Betty Harding 831 E. County Road D, ##20 Vacnais Heights, MN. 55 0� (which is the last icnown adcresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 14th day of May, 1996. / ��`s`r.=� � �� Notary Public . • RITA M. BOSSARD � NOTARY PUBLIC - MINNESOTA RAMSEY CAUNTY rny cor�,�+. �;� �en. ai, z000 � of said persons) and depositing the United States mails at St. qG�� CITY OF SALhT PAL'L I\TERDEPARTME;�TAL MEAIORA:�DUM Dait: May 6,1596 TO: Robert �Cessler FROM: Kris Schweinler i� j- R�: May 3,1:�6 Decoy work On May 3 1996 Sgt.Tredal and myself conducted an underage compliance check o� the following establishment. l. Wolter Brothers at a38 University- No sale 2. Marshall Liquor at 2027 Marshalll Ave.- No sale 3. Eastside I,iquor at 1361 Maryland Ave. - No sale 4. Mike's Bar at 326 Grove St. A1 IInise sold to the two female decoys. This occurred at 9:50 PM they were not asked for id and were sold 2 Miller Lites at $1.75 each. Sgt. Tredal and I informed Mr. Unise of the procedures. He was upset but cooroprative. He said that they never get any young ones in here. Our decoys are both 17. You will be receiving a report from Sgt. Tredal under CN 96-061- 323. We ended the night at approx.10:00PM the two female decoys were paid $30.00 each and the male decoy was paid $20.00 ( He started an hour later due to a high scnool baseball game. cc Christine Rozek Virgina Palmer Peter Pangborn�/ a Fage r ol r ST. PAUL POLICE DEPARTMENT GEhERAL REPORT /V N� Oxurred I J At L] 9etween: a L�'� �, i /� G r� C�P ��r � �v;'t� t �t �^ C ! Gl C' .'ji�y1� � � � 1 � r"S• - Lowtion �� hrs. �n and hrs. on l� �S PPl� 7p �� 7ime of Arn � Bus. P�one- - H �;?:nY 1 � 1�: � , �: ! �j .L CUGv� ,f' �<� G,. /��;, o .. k �., ,So�w��. /-�� c ��P, ��,� � 1yy�� , � l7 �y�f � �.v�./ /� :- �=� v l, � S � � v� �� h J`-cv P�j. /�Z f�-L1' �G ��2�c GfGvP Sff.. Gt�� iG��` - -- - �— - --- - .. �'o_ C _ _ G_-� ��,' //��- . Lr�-fe /�e e �. _ _ �v �' f C. ct��. �_er�y.�(_ Os,�c�� cc- . p�-c�� ot. c� �, -- '�^ / - --- -- - - - -- /�'" I f' J ? G7 (J � $d k L .'e! !/L. � � . �� 1 �'r C� �4 � S� s%_ — �f�o/ �� Sa� w�t��,1�� t<_l�-��r. t 6 _ t�� t J . / - --- '�4. t.� T� _ ."�1. � f .--.- .� pr,�.� - - � - --�a�� —SOII� -- � �`'� --- –f� e —_��?rS__ —�_ G�G�l � ---�(�►�_S-?_ J _ �� I '' --- � � �----�r��__ —� .^---- - f'L c ----- y--�--��--- -- .�_� ��--�� . �� — � �r�__s _� �Gt ,.�,.� .,! . C� � �Q '��,.Lt � _11� a_ ,— _��__ �� e��sl,�_ �-.�-� e f�� - -- �� y F - - - ��- ��---- �`�� _�',.o!-��_. �� '--�1----f�-�-��,� l�/ ---�.�--s.�l-�-�� Emp. enF ❑ Hom ❑ Rob p��,�, p c�.a p io p t.� D/C � 6urp � Thefl Q Prop � CAU � � PflF Q Auto o.i.: rgp�s� Ye� � No a.e ra.�, ❑ s.x i DAO ❑ CO ❑ HumSsrv /. on,.� � � 0 � , N w' No.: .-, �� ' OFFICE OF THE CITY ATTORNEY Timothy E. Ma�, City Attorney a/-� CITY OF SAINT PAUL Norm Colemm; Mayor July 22, 1996 Civil Division 400 City H¢II I S West Kellogg Blvd. Sa'mtPaul, Minnesota Si102 NOTICE OF COUNCII, AEARII3G James L. Harding and Mike's Bar 326 Grove Street Saint Paul, Minnesota Betty L. Harding 55101 Re: Licenses of Jimbee Corporation d/b/a Mike's Bar License ID No. 15877 Our File Number: G96-0207 Dear Mr. and Mrs. Harding: Te7ephane: 611266-8770 Facsirrsile: 612 298-5619 Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Auguat 14, 1996 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the essential facts contained in the attached police reports have been admitted to. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for an eighteen (18) day suspension of the license. If you have any questions, please call me at 266-8710. Sincerely, Virginia D. Palmer Assistant City T�ttorney cc: James Harding and Betty Harding, 831 E. County Road D, # 207, Vadnais Heights, MI3 55109 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sgt. Per Tredal, SIU Kathy Smith, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106