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97-445[°� € . ; f r � �? * � � e,`' � i r. t�. a s . Presented By Council File # � \ ��S Green Sheet # ��\ �Q RESOLUTION CITY QF SAINT PAUL, MINNESOTA � Referred To " Committee: Date 1 Z 3 RESOLVED, that the Liquor On Sale (A), Sunday On Sale, Restaurant (B), Entertainment 4 (B}, and Gambling Locafion (A) licenses (License ID No. 72567) held by Campus Sports Crrill 5 & Nightclub, Inc. dlbla Campus Sports Grill & Goidies and located at 2554 Como Avenue in 6 Saint Paul is hereby suspended for a period of ten (10) days with nine (9) days stayed for a 7 period of eighteen (18) months on condition that the estabiishment ciose for one day and the 8 licensee pay a two-thousand dollar ($2,000.00) fine for the violations of "Sale of Alcoholic 9 Beverages to an Underage Person" and "Consumption of Alcahol by an Underage Person". The 10 remaining one (1) day suspension shall take place on � J�/- �'� 11 12 This Resolution and the action taken above aze based upon the facts contained in the Saint 13 Paul Police reports CN 97-013-997, CN 96-199-965, and CN 96-186-727, the facts of which are 14 sununarized in the Notice of Violation letters to the licensee dated February 14, 199�, January 15 28, 1997 and December 13, 199b, and such azguments as may have been presented to the Council 16 at the public hearing. The licensee does nat dispute the facts of the violations. 17 i$ 19 20 21 Requested by Department of: Adopted by Council: Date ~ c�3 ��°� Adoption Certified by Council Secretary ty : pproved by Mayor: Date 'Y'I 5 �; � \ By: t �i�l.t.��¢�' � d�-U�t�-.i Form Approved by City Attorney BY- '�� ,�5 L�..�� 8�g��oved by Mayor for Submission to Council By: Q�ce of LIEF Christine Rozek, 266-9108 io� i�� GREEN SHEET INITIAVDATE— � OEPARTMENTOIRECTOR � C(iYATSORNEY FOR � �UOGE7 DIREG70R � � MAYOft (OR A$$1$TANT) TOTAL # Of SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) 4a�� t �tic5 INRIAVOAiE - � CITY CAUNpL � CrtY CIEFK � FIN, S MGT. SEFiVIC DIR. � Concerning licenses held by Campus Sports Grill and Nightclub, Inc., DBA Camgus Sports Grill and Goldies, located at 2554 Como Avenue. (LTncontested) O� Rqett (qj _ P(ANNINGCOMMISSIQN __ pViLSEqVICE ___ CIB GJMM(TTEE __ _ STAFF __ _ �ISTRICT COURT _ SUPPORTS WHICH CqUNCIL Q&IECTNE? whan, PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWINCa QUESTIONS: 7. Has th7s personttittn ever wwked under e contract for t�is department? YES NO 2. Has this person�rm ever 6een a city employee? YES NO 3. Does this person/f�rm possess a skill not normally possessed by airy current cMy employee? YES NO Explafn all yas anawers on separate sheef antl attach to green shaet 6�r�i+£�uzk '.��'.',.,.....,. '�.�-',;,� F1.'El .L v� iJJI IF NOT APPROVEO. AMOUNTOFTRANSACTION $ COSi7REYENUE BUDGETEp {CIRCLE ONE� YES NO G SQURCE ACTIVITY NUMBER L INFORM"ATION: (EXPLAIN) �� ti�� UNCONTESTED LICENSE HEARING Licensee Name: Campus Sports Gritl � Nightctub, Inc. d/bla Campus Sports Grill & Goldies Address: 2554 Como Avenue Council Hearing Date: Aprii 23, 1997 Violations (3): November 25, '1996 December 21, 1996 January 29, 1997 Consumption of Alcohol by an Underage Person Sale of A{cohol to an Underage Persan Minn. Stat. § 304A.503 (1994} St. Paul Legisiative Code § 409.08 Piace: Licensed Premises Recommendation of Assistant City Attorney on behatf of client, Office of License, tnspections and Environmental Protection: Ten {10) days suspension with nine (9) of those days stayed, in addition to a $2,000.00 fine Atkachments: 1. Proposed resolution 2. Summary letter dated 3/28/97 3. Foilow-up letter dated 31fi197 4. Notice of Violation dated 2i14/97 5. Compliance Report dated 1130197 �1 �t�rs 6. Police Report GN 97-013-997 7. Notice of Violation dated 1/28l97 8. Police Report CN 96-199-965 9. Notice of Violation dated 12/13/96 10, Comp(iance Report dated 11l26l96 '11. Police Report CN 96-186-727 12. License information 13. City Attorney License Adverse Action Summary OFFICE OF Tf� CITY ATTORNEY Peg BirIG City Atromey °�-1'�'\�5 CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City H¢!1 IS West Kel7aggBlvd Saint Pau; M'mnesom 55102 Ze%phone: 612 266-8�10 Facrimile: 6I2 298-5679 Agril 8, 1997 NOTICE OF COIINCIL HEARING Timothy R. Geck Attorney at Law Birch Lake Professional Building 1310 East highway 96 White Bear Lake, Minnesota 55110 S. Mark Vaught Attorney at Law Suite 700 Six West Fifth Street Saint Paul, Minnesota 55102 RE: Licenses held by Campus Sports Grill & Nightclub, Inc. d/bja Campus Sports Grill & Goldies for the premises located at 2554 Como Avenue in St. Pau1 License ID No. 72567 Our File Number: G96-0632 Gentlemen: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, April 23, 1997 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 con'sideration. This is an uncontested hearing, in that the facts contained in the reports concerning the three separate violations of the liquor laws have not been disputed. 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. As previously discussed, the recommendation of the license o££ice will be for a ten (10) day suspension of the licenses with nine of those days suspended for a period of eighteen (18? months, on conditions that the establishment close for one day and the licensee pay a $2,OOQ.QO fine. q�--�� 5 If you have any questions, please call me at 266-8710. Very truly yours, L /�.�c�,�1 ��--�-u..z f Virginia D. Pa1mer Assistant City Attorney cc: I3ancy Anderson, Assistant Council Secretary - Robert Kessler, Director, LIEP Christine Rozek, LIEF Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 -�, OFFICf �^ THE CITY ATTORNEy Peg Bi�k Ciry Arto>ney `�� V l — !J CITY OF SAINT PAUL herm Colenwn, Mayor March 28, 1997 Timothy R. Geck Attorney at Law Birch Lake Professional Bldg. 1310 East Highway :5 White Bear Lake, i�T 55110 S. Mark Vaught Attorney at Law Suite 7oQ Six West Fifth Street Saint Paul, MN 55102 RE: All Licenses held d/b/a Campus Sports at 2554 Como Avenue License ID #: 72567 Dear Gentlemen: by Campus Sports Grill & Goldies, in Saint Faul Cn•il Dnision 400 Ciry Hall Telephane; 6II ?66-Si10 IS West Kettogg Blvd Facsimik; 612 248-5619 5aint Paul, MLu�esom 55701 Grill & Nightclub, Inc. for the premises located This letter will confirm our conversations of Wednesday, March 26, 1997 during a meeting with licensing staff, and separate telephone conversations with Mr. Vaught on March 27, 1997 and Mr. Geck on March 28, 1997, all regarding the pending adverse action against the above-referenced licenses. Since December 13, 1996, three separate Notice Of Violation letters have been sent to the present licenseholder at Campus Sports Grill & Nightclub, detailing three violations of the liquor laws occurring on the licensed premises. The dates of the violations were November 25, 1996, December 21, 1996 and January 29, 1997. Mr. Geck represents the current owners and licensees, Martin Bertzyk and Frank Gruler, who are selling the business to Daniel Bussey, represented by Mr. Vaught. Mr. Bussey is currently managing the licer_sed establishment, and was at the time of the January 29, 1997 violation, but under the terms of the Saint Paul Legislative Code and the management agreement submitted to the Office of License, Inspectic�s and Environmental Protection, the current licensees retain resbonsibility for violations on the � -� Q, �-l�-t S Campus Letter March 28, 1997 Page 2 premises. Mr. Bussey has applied for a license unfler his own name. The recommendation of the LIEP office for a penalty for these violations will be a suspension of ten (10} da}�s, nine of the days .to be suspended for a period of eighteen (18) months, on conditions that the establish�:ent close for one day and the licensee pay a $2,000 fine. The rationale for this recommendation is that, for the current licenseholders, this would be a second offense on the penalty matrix, with multiple violations. The matrix calls for a six day suspension but alloks the Council to deviate�upwards for the multiple violations. Because the business is being sold, the closure would imoGct the r_ew licensee rather than the current licensee. Therefore, the payment of the $2,000 fine appropriately punishes the existiag licenseholders, and the suspended nine days is protection £or �:e City in the event that they take possession back from the new managem=nt for any reason. The one day suspension does fGll on tne new license applicant, but is appropriate since �� was managing the business at the time. I explained to both of you that it is my interpretation that this is a penalty against the current licenseholder, and that the suspension does not have the effect of transferring to the new license, if issued. Thus, Mr. Bussey would start out with a clean slate and if there are future violations while he is a licenseholder, they would not trigger service of a suspensian of the license for those nine days. However, if for any reason Messrs. Bertzyk and/or Gruler take over the business again within that eighteen month oeriod, they would be subject to that suspended time in the event of a violation. In my telephone conversation of this morning with Mr. Geck, he indicated that his clients were prepared to admit the violations and have the matter scheduled before the Saint Paul City Council for a hearing. It will be scheduled as an uncontested matter but the licensees or their attorney can speak to the penalty, and the new license applicant may be heard as well. Finally, I attempted to be very clear in both the meeting and my telephone conversations that the proposal outlined above is only a recommendation ard that the Council has the final authority to determine the appropriate penalty. This recommendation takes into account that the business is being sold anci that it would be unfair for the entire brunt of enforcement to fall on the new applicant, but also recognized that he was managing the premises during one of the violations. Additionally, it is based on a similar situation with another licensed liquor estalalishment, Peppercorn`s, .and reflects the action taken by City Council in that situation. If anyone feels that there are inaccuracies or � Campus Letter March 28, 1997 Page 3 misrepresentations in any oi the above, please contact me. Based on the telephone conversation with Mr. Geck this morning, we will schedule this matter for City Council for hearing and send notice of the time and date of the hearing to both of you. Sincerely, �� '�� Varginia D. Palmer Assistant City Attcrney cc: Robert Kessler, Directcr of LIEP Christine Ro2e's, Deputy Director of LIEP Kris Schweinler, Licen=_� Inspector CITY OF SAINT PAUL Xorm Cokmart, Mayor March 6, 1997 Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Gri11 2554 Como Avenue Saint Paul, MN SS1D6 OFFIC'' THE CITY ATTORNEY Peg B'v1, ry Arrorney c \� �-t�� Civil Division 400 Ciry Hall I S Wut Kello� Blvd Saint Pau; Minnesom 55102 Telephone: 61Z 266$710 facsimik: 61219&5619 RE: A11 licenses held by Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill & Goldie's for the premises at 2554 Como Avenue in Saint Paul License ID #: 72567 Dear Sirs: By letter dated December 13, 1996 you were notified of a violation of sale of alcohol to an underage person occurring on the above-referenced licensed premises on November 25, 1996. By letter dated January 28, 1997 you were notified of a December 21, 1995 violation of consumption of alcohol by underage persons on the licensed premises. By letter dated February i4, 1997 you were notified of a January 29, 1997 violation of sale of alcohol to underage persons on the licensed premises. Each of these letters requested a written response from you. Because I have not received any written statement from you that you contest the facts aileged in the letters, I am scheduling all three violations for a hearing in front of the Saint Paul City Council for a determination of the appropriate penalty. You will receive a notice teiling you the time and date of that hearing. If you have any questions regarding this letter, you may contact me at 266-8710. Sincerely, �� ✓ � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Timothy Geck, P.ttorney `or licensees, 1320 East Highway 96, White Bear Lake, NLN 55110 QFFIC"�F THE CITY ATTORNEy CITY OF SAINT PAUL horm Coleman, Mayo� Cn•il Divisian 400 Ciry Hatt IS West Kellogg BPod Saln7 Pau� �rmesom 55102 p `t `"\ Telephone: 6J21 b6-871 D Facsimile: 612198-5619 February 14, 1997 NOTIC� OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Faul, MN 55_G6 RE: All Licenses reld by Ca-pus Sports Gri11 and Nightclub, Inc., d/b/a Campus Snorts Gr?11 and Goldie's License ID �: 72567 Dear Sirs: The Director of the Of:ice of License, Inspections and Environmental Protection will recommend that adverse action be taken against your licenses based on the following information: On January 29, 1997, a Saint Paul Police Officer and a licensing inspector from the Saint Paul Office of License, Inspeetions and Environmental Protection were present in the licensed premises at approximately 9:55 g.m, with two underage decoys. One of the decoys presented ID showing that she was 20 years of age but was given a bracelet indicating that she was 21 and was able to purchase alcohol. The other deeoy was sent to a separate door and her hand was stamped "NO", indicating that she was not able to purehase or consume alcohol. Ten minutes after both entered they returned to the entry to Goldie's carrying bottles of Lite Beer. The decoy whose hand wae stamped "210" indicated that she purchased the two beers from a bartender. The bartender stated that she was distracted by a fight at the time she sold the beer to the underage decay. If you do nat dispute that �he above facts, please send me a letter so that the matter can be sc:eduled be£ore tr,e City Council for a . �--� �us hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. If you believe that the facts stated ahove are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the administrative law judge. Please� let me know in .writi�:g no later than Monday, February 24, 1997 how you wish to proce2d. If you have any questions about these options, feel iree to contact me at 266-8710. Sincerely, l �� Virginia D. Palmer Assistant City Attcrney cc: Robert Kessler, �irecto= of LIEP Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1055 Nortn Dale Street, Saint Paul, 55117 Timothy Geck, Attorney ior licensee, 1310 East Highway 96, White Bear Lake, 55110 c\ STATE OF MINNESOTA ) ss. AFBIDAVIT OB SSRVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 14, 1997, she served the attached NOTICE 'OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr_ Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �\ Subscribed and sworn to before me this 14th day of February, 1997. � � ,�L . ��Y12 � � Notary Public ■ • � Ri'FA �A. ECEr "DD � raorsPVr _� . �oTa � RR: :E - ! CG'�.. i Y `� navcoR:, e:,c�s.en a,.a000 • • S�IxY fAl:l, A� CITY OF SAINT PAUL INTERDEPARTMENTAL Iv1EIvIORANDUM DATE: 1-30-97 TO:Robert Kessler FROM:KriS SChweinZer.��' ,. Rfi:Liquor Compliance Checks �� On 1-29-97 Sgt. 2]rrone Strickland, and I along with two underage female decoys ,conducted a compliance check at CampusJ Goldies at 2554 Como Ave. Sgt. Strickland positioned himsel£ so as to see the ID procedure at the entrance o£ Goldies inside to bar. The decoys were instruct to come in through Campus and walk past Sgt. Strickland. They were asked for id at this entrance and were askefl to check their coats. T"ney both presented their id to the male checking id's. St ehould be noted that Sgt. Strickland did photocopy the id's that the females used which in8icates their trse age and identity. Those will be presented in his report to you. The male checking the id look at the 20 year old id and put a wrist band on her that indicated that she was old enough to drink. The other decoy was told to go through the bar to the back door and get her hand stamped,which she did. They then went to the hack bar in the Goldies area and the decoy with the hand stamp ordered and paid for the two bottles af beer. 27!ey then came back to where Sgt. Strickland were waiting by the pool tables at the entrance o£ Goldies. They gave us the beer,got their coats and I escorted them back to the car. I came back to assist Sgt_ Strickland in identifying the bartender. We also spoke with the applicant £or the new license Mr. Busses. He tried to e�cglain that he was in the proce�s of getting rid of the old staff and what his procedures were £or controlling the mixed crowd. I explained that they would be noti£ied by us and the City a[torney as to how we would be handling this incident. We then le£t the establishment taking the beer with us. Sgt. Strickland poured to beer out in the parking lot. The decoys were paid 515.00 each and the cast of the beer was $5.10 and $2.00 for a coat check Pee. An interesting note when we took the decoys home they told us they were not required to gay the cover charge of $4.00 to get in like everyane else. CC Christine Rozek Ginger Palmer Paya � of � �� Occurced Q At Q Behveen: ST. PAUL PQLICE DEPARTMENT GENERAL REPORT te: SGuad: Team: `�Li l � Locatioq of Crime S ne: o A�t� ZS'S � �,,� hrs. on and hrs. on Address: 1 j/ )%) � i %Tt^ S��Gr 'S F1¢COtds Crime lab � 1 Proper;y Rocm SQ.791(STRICKLAND)SS ASSIGN =0 THE VICE UNST OF THE ST.PAUL POLICE DEPT.THE U?�TiT HAS REC�SVED COMPLAINTS ABOUT PERSONS UNDER TW8I3TY-pNE(21)YOA, 3UYSNG ALCOHOL ON WENDESDAYS 18-21 NIGHTS AT GpLDIE'$ AT 2554 CCi✓0 AVE. ON 1-29-30 I ASSIST�D CHRIS SCiIWEINELER OF THE ST.PAUL CITY LICENSES DEPT WZTH A DETAIL �1 GOLBIE=S-B&R--AT-2554-COMO AVE. I MET WITA SCHWESNL�R AT ST.?AUL POLTCr� AQ.I TOOK PHOTO'S OF TWO UNDERCOVERS AS THEY�tdER� TO AFPEAR THIS NIGHT FOR THE DETAIL AT GOLDIE`S.I ALSO PN_OTO-COPIED THERE PICTURE IDENTIFICATION AND THEN RETURWED THEM ^_O THE TTvO UNDERCOVERS. AT APPROX. 2155HRS I ENTERED THE CAMPUS BAR WHICH IS ALSO ` ATTACHED THE_GOLDIE'S.I THEN WENT AND STOOD BY THE ENTRY TO GOLDIE'S.APPROX. FIVE(5} MINliTES LATER I SAW THE TWO fTNDERCOVERS __ ENTER THE_CAMPUS'S BAR AND WPZK THUR TO G4LDIE'S.I TAEN SAW AS THEY BOTH WERE ID UC. #1 WFiO ID SHQWED TAE AGE OF 20 YOA,WAS GIVEN A GOLD BAND TEAT WAS T3IED AROUND HEI� RIGH'L WRIST,WHICH ._ _ INDICATED THAT THE UC WAS 21 YOA I-vND ABLE TO BUY ALCOHOL.UC, --'-- #2.ID WAS CHECKED AND THE UC WAS SENT TO ANOTHER ENTRY-DOOR TO BE_ STAMPED TO ZNDICATED THAT UC �2 WAS UNDER THE AGE OF 21YOA AND r};' ALLOWED TO BUY ALCOHOL. - APPROX. i0 MINUTES AFTER ENTSRING GOLDIE'S BOTA UC`S RETURNED TO TFiE ENTRY TO GOLDIE'S,WfiERE WE WERE LOCATED.THEY BOTH WERE HOLDING A BOT'TLE OF LITE BEEi, WHICH THEY TtTRY�FED OVER CARIS AND ME.I THE23 SAW THAT UC #2 H�T77 THE WORD "NO" STAMPED IN BLACK ON THE UC HANDS,WHICH INDICATED NO ALCOAOL.UC #2 STATED THAT UC #2 PURCHASED THE TWO $EERS FROM THE W/F THAT WAS WORKING THE BACK BAR,THE BARTENDER WAS DESCRIBSD AS WjF ,BLOND FiAIR,LONG IN THE FRONT,THE ONLY FEMALE WORKING THAT BAR. sting 0 ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ 6urg Q Thett [] Prop � CAU � F&F Q Auto � -�? � ;<� � -- - _�`s'��..�.c'' ....._. , r+ � ~ � � . �� fS'' .�;`✓; �� No.: Re rting pfficer. Emp. No : �G-�' . 5' 3. No.: O.T� TypisC R. .: Code: Name Entry; - �Yes ("] No . Rec � Team ❑ Sex ❑ RpU_"�� Other ��t � f �? CAO (� CO ❑ WumSen PM 62t-92R L, c_ �� v. _ � P! EMENTAL flEPC ST. PAUL POLICE DF,PARTMENT TINUATlON OF: ❑ OR161NAL F �� ti� � MENTAI AEPORT WE (STRICKLANDfSCkivhINELER} THEN WENT IbT TO TALK THSS BPI2TENDER.AS WE WR? �ED TARII ?'?�E BAR WE SAW NUMEROUS PEOPLE WITH TAE W0:4D"NO" STANir_-D ON THER� F.P_NDS,BUT DRINKING ALCOHOL OR BBER. P_T THE BACK SAR WE :OUN� TH� Wjr WHO ID AER SELr AS A ?2IGGINS,SHEILA, 7550 CLOMANIdAY �3,I.G.H.,MN.H#451-5915,W#646- 1339.SHSILA rIRST 5'T'ATBD 1F�^1 THERE WAS NO WAY SHE SOLD TO SONEONL UDIDBR AGE.v�3 THEN TOI,D HER WHAT HAD•HAPPEN AND WHEN .SH�I� TN_EN STATED THAT SH� REMEMBEREt� THE UC BECAUSE OF THE PANTS THE UC WAS W�?�ING.SN�ILA STATED THAT THEIR WAS A FIGHT AND THA^1 W�S THE TINE T_:A1 THE BE�R WAS 90LD TO UC #2_SHEILA STATED THAT SkE WAS PAYSNG ATTENTION TO THE FIGHT WHEN SHE SOLD THE BEER. WE TfiEN INFORMED Tr3 MANAGER A BUSSE,DAN, 762 W. CALIFORNIA, S1^.PAUL,WTM646-1339, H� 642-8894,ABOUT WHAT HAD F-IAPPENBD.WE THEN LErT GOLDIB`S AND E'�TERED CAMPtTS'S BAR CARRYING THE TWO BEER3 AND WALKED THRU CAMPUS'S AND OU1 TNE DOOR WITH THE SEERS AND WE WEREN`T STOPPED QR CHECKED CFStRYING THE BEER'S OUTSIDE TAE BAR. THE TWO LITE BEaR BOTTLES WE3E TAKEN TO AQ, PHOTOGRAPHED THEN THROWN AWAY. A Z � � 1 c � � � � � _ I �Yes � No I I I � I iF ❑ Hom ❑ Rob ❑ Jw ❑ Coortl Q 1D ❑ Lab ❑ Ree ❑ Team ❑ Sez ❑ Rptt ❑ pther %❑ Bury Q Theft Q Prop Q CAU ❑ F&F Q Auto ❑ DAO ❑ CO ❑ NumServ � Type PM 622-93R " -- OFFICE oF 7'HE CITY ATTORNEY Tmothy L� : irz, Ciy Attomey �� CIT'i� OF SAINT PAUL T'arm Colemmt, MQyor Civil Division 400 Ciry Ha!! IS R'est K¢ltogg Blvd Sa'mr Paul, hfmnesata 35102 Tetephone: 672 266-8i70 FacslmiZe: 611 Z98-5679 January 28, 1997 NOTIC3 OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN 55108 RE: All Licenses held by Ca-pus Sports Grill & Nightclub, Inc., dfb/a Campus Snorts Gr_11 & Goldies Dear Mr. Gruler and Mr. 3ertzyk: The Director o£ the 0�=ice of License, Environmental Protection will recommend that taken against your licenses for the following Inspections attd adverse action be reason: On December 21, 1995, a licensing inspector and a Saint Paul Police Officer were present in the licensed premises at about 11:30 p.m. and observed an intoxicated 20-year old female, a 19 year old female drinking a beer, and another 19 year old female who }zad been drinking tequila. They were present when a waitress approached the table aad offered to sell shats of liquor to a table of people, including the two 19-year old females mentioned above. This was documented in Saint Paul Police report #96-199-965. If you do not dispute the abcve facts, please send a letter statir�g that you are not disnuting t^= facts and that the matter can be set before the Saint ?�ul City Council for a determination of the appropriate penalty. If you do wish to dispute the facts, you can have the matter set before a� administrative law judge for a fact- finding hearing. I£ you do wish to have th= matter heard in front of the City Council, this matter can be sc?�eduled along with the violation from November 25, 1956, if you N?sh to send a letter admitting tha� �.� �� violation as well. Pursuant to Saint Paul Legislative Code §409.26, they would be handled together as a multiple violation, which is a grounds for departure from the presumptive penalties for each violation. I£ you have any ouestions, you may ca11 me or have your attorney ca11 me to discuss the matter in more detail. Sincerely, Ij� �6KKt �� :4t" � Virginis D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr of LIEP Christine Roze'.�c, Deputy Director of LIEP Abby Stuck, Conmunity Crganizer, St. Anthony Park Community Council, 890 Cromwell Avenue, St. Paul, 55114 Michael Celello, Timothy R. Geck & Assoc., Attorney for Licensee, 1310 East Highway 96, White Bear Lake, 55110 , � �` STATE OF MINNESOTA } ) ss. COUN'PY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G, CLENENTS, being first duly sworn, deposes and says that on January 29, 1997, she served the�attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN. 55108 (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 29th da� of Ja��ary, 1997. .w.,,.��,.,. , � K%,TN?''•'N J. ".� t� ��.,..'`: �:uT, "rL'EJ;,'I; ".:.5;,:;ri a:�,JSEV r,ouvrr Ny Comm. E<pires dan, 31, 2CUC • � ST.PAULPOUCEDEPARTMENT ,t��y=�kt{y # Page _„�_otT_ GENERAL REPORT q-� uy � �° �� .� Occutted �Q At (J Betweem. � hrs, on ComplainanYS Name (lazt, nrst. Middle): 5��•,� '?�� 7 ?�_ Articles ewvered: N/,a hro.on -L �G , r. Hecortls LJ Grime lab locker Crime Lab � Property Room NARRATtYE Arrest Number tast Nama First Middie Address DOB Ag= Sex Race On 12-21-96 myself aloag with Schweinler from L.I.E.P. conducted following liquor establishments; P Parisios Bar and Camnusl�o�diPC_Ha sgt. Wachal and Kris premise checks at the , Peppercorns Bar, � premise c�ecks we routinely look for violations of liquor laws to include minor consumption of alcohol� providing alcohol to obviously irtoxicaCed persons and adherence to closing hours as well as other violations. On 12-21-96 at approximately 23:30 hours we checked Goldies and Campus bar. While inside of Goldies I confronted a 20 yr ald female. This female appeared to be intoxicated but denied drinking an�r alcohol. This same female did not have a drivers license or identification card in her nossession. She stated a girlfriend else where in the bar had her ID. We were unable to locate this female due to the extremely large crowc2 of people. I advised this party in the future to maintain possession of her ID while in the bar. I also observed a group of people seated at a table which included two males and three females. A11 of these parties appeared to be under 21 so we ID them. One of the males identified as MC MAfIAN, LIONEL JOHN 22YR5 OF 2202 92 ND AVE EYOTA, MN. 55934 PHONE (507) 545-2503 had three open bottles of beer sitting in front of him. All three o£ the bottles contained beer and he__claimed__to_have been drinking from all three. Sitting next to Lionel was a female party identified as MEIME22S DEBORAH SU_ SAN D_Q R i�-14=72_(19yrs� from RT 1 BX-1QQ ats a.fl , . T�923 Phone (507) 254-7816. Susan had one of the bottles of beer belonging--ta-�io�l--sitting directly in-front o� hsr. I asked if she had been drinking and Deborah stated she had taken a few drikcks o€—b-ione}s-bee�: Lionel denied observing her c3rtnk--€rom :-- his beer bottle but could not satisfactory account for the three bottles of beer: - W. 1 �riF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID 0 Lab � D(C � Bur9 [] Thett [] Prop Q CAU ❑ F&F Q Auta No.: Reporting Officer. J ` "" c7 �t.� o.: O.T.: Typist: (�Yes 0 No Rec ❑ Team [] Sex ❑ Rptr DAO ❑ CO ❑ HumServ S5 // Code: �. r Other� i �- E �-�,..1 � f 0 _ � � � � U , No.: PM fi27 A2R � '� � °� � �T. PAUI POLIC ' SUPFLEMENTAL REPORT LvJ COhTINUATfON OF: Date & Time ot Repert: Offense!lneident %,�' ��"f t 3:�£YJ TivF.� 1 � �.-� �us SUPPLEMENTAL REPOR7 Sitting at this same table was a female who appeared to be passed out. This party was seated next to Deborah with her head resting on the table. I identified this party as a MOORE, SARA ANN D.O.B. 7-26-77 {19 yrs) of 3553 eight and one ha s r t�ocTiester, MN. 55401. I ask=d Sara what was wrong and she stated her•stomach hurt. S asked if she had been drinking ancl she replied just a couole. I as{ed what she had drank and she stated she had a couple shots of tequila. Later when I again questioned Sara as to what she had been drinking she changed her story and stated she drank the tequila while at a friends house a few hours before they got to the bar. While questioning Sara a waitress came to the table and asked Sara as well as the others seated at the table if they would lik� to buy a shot. This waitress was carrying with her an assortment o£ prepared shots of liquor in what resembled a test tube. I advised the waitress that these individuals were under 21 and she walked away. It should be noted that both Sara and Deborah had black x`s on their hands indicating tney were under 21 years o£ age. I contacted a bouncer and had the minors removed from the bar. If not for our presence I believe the waitress would have sesved the minors additional alcoho2. it should be noted the bar was filled to capacity. Most of the occupants were standing shoulder to shoulder in a large crowd. There appeared to be a large segment of the crowd ranging in the 18-21 year age bracket. Approximately 4 young females were dancing on top of large stereo speakers_and tables which appeared to be a hazardous situation. On the way out of the bar I saw the owner Marty Bertzyk. I explained to Marty what we had found during our premise c ec of the bar. I felt it important that he be appraised of the situation especially taking in to consideration the extremely large crowd of people in the bar. When I spoke with Marty in regards to the minors drinking alcahol he stated he did nat believe it was his responsibility if a minor drinks alcohol as long as his employees do not serve the minor. I corrected him and stated he was responsible for any alcohol consumed my a minor while in his establishment. Marty became hostile stating if he did not have teen night he would not be able to financially survive. Marty stated it was unrealistic to hold him accountable for a minors drinking alcohol in his establishment if,served by a customer and not one of his employees. Marty, stated we were just trying to put him out of business and stated ha di.d not care stating he recently sold his business at Goldies and will be out of the business soon anyway. Marty stated he does own other bars. Marty expressed concern about his inability to communicate with the City Council over � l lOY�0�1 I I ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab ❑ Aec ❑ Team ❑ S9x ❑ RPV ❑ Other ❑ 0/C Q Buy ❑ Theft Q Prop Q CAU ❑ F8F � Auto ❑ 4A0 ❑ CO ❑ HumSer/ � T� � z '� � �. � ^�O , �� PM 622•93R CITY OF SAINT PAUL A'orm Cokman, Mayor December 13, 1996 OFFICE OF THE CITY ATTORNEY r�,orrry s �"�. c;yAno� �� S Civi1 Divisian 400 C,ry Nat1 IS West Ketlogg Blvd Sans[ Pau{ Mmnesom 55102 Tilephone: 61I 266-&710 Facrnrsile: 6T2 29&5619 NOTICB OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, Minnesota 55108 Re: Al1 Licenses held by Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill & Goldies for the premises located at 2554 Como Avenue in St. Paul License ID No.: 72567 Dear Mr. Gruler and Mr. Bertzyk: The Director Environmental taken against that: of the Office of License, Inspections and Protection will recommend that adverse action be your licenses. The basis for the adverse action is On November 25, 1996, a Saint Paul police officer entered the bar with aa eighteen year old female. They sat down and when the waitress approached, the officer vrent to use the bathroom. The female ordered a Miller Genuiae Draft and a Miller Lite. The waitress brought two mugs cf beer, which the 16-year old paid for without any ID being requested. The waitress was later identified as Tiffaay Perssoa, and stated that she did not realize the female was under age. This sale is a violatioa of Sectioa 409.08 of the Saiut Yaul Legislative Code, as well as Mina. Stat. § 340A.503, and constitutes grounda for adverse action agaiast all the licenses for the premisea. If you do not dispute that the above incident took place, I will need a letter from you stating that you do not dispute the facts=. I will then have this matter 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. On the other hand, if you dispute the above facts, I will schedule Page 1 ` G �-1 �..k S an 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 wi11 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 administrative hearing, and you may be held responsible for the costs of the hearing if yan do not then appear and contest the facts. Flease call me or have your attorney call me at 266-8710 to discuss the matter. Very truly yours, � �J ��Q.xru.2n_ C �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 � Page 2 °�� `-��'7 STATE OF MINNESOTA ) 1 ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICS BY MAIy JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 16, 1996, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue St. Paul, MN. 55108 (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 16th day of December, 1996. ° 1 - 1—`-�`aS CITY OF SAINT PAI3L ar�x��nx�NTnr. �o�DVM DATE; 11-26-96 TO: Robert Kessler FROM: Kris Schweinler'��. RE:Liquor Stings � �� :w DEG �9 1996 . ; �� f�� " y On Nov. 25,1996 Sgt.POlyack,Sgt.wachael and Officer Chris Byrne and mysel£ conducted compliance checks at Amelia's Nite Club where we have received many complaints about their 18 and up nights. Qur decoy who I will refer to as E D was not allowed in she and officer Syrne were told that the club had discontinued tha� promotion. We then proceeded downstairs to O.J.'s Bar and Grill where the decoy and oPficer Byrne went in Officer Byrne went to the mens room and the ➢ecoy ordered two heers and was served_ The waitress r.ever asked £or ID officer Byrne returned to the table and the monitor was shut off which was our signal that a gurchase had been made. Sgt. Wachael id the waitress and S left my card and told them to have the owners contact me if they had any questions. I did receive a call £rom Patrick Duffy the manager for this establishment they are in trie process of applying for a new license and the council has not yet ap�roved it. This is a fixst £or them and we had not sent a warning letter. As you know this is the establishment ±hat Steve Roy needed police assistance to make an insgection on uncier the old management. We then proceeded to Campus/GOldies where we followed the same procedure again the decoy was served two beers. I had Sgt.POlyack take the decoy out o£ the area as Marty Bertzek was there and was upset that she had made a purchase. It should also be noted that this is the same decoy that was used the last time Campus was stung and the last time we did a compliance check where we were not sussessful Mr. Bertzek followed the decoy out of the establishment. Sgt Wachael again identi£ied the waitress that served and I e�cplained to Marty that he would be contacted by the City Attorney. Our last stop was Tiffiney"s where again Of£icer Byrne and the decoy went in and the decoy ordered two beers and was served without id's being asked for or obtained. You will be receiving regorts from Vice and Officer Byrne on the three establishments. I paid the decoy $30.90 for the nights work and $5.00 was given to her to purchase the beez. Total expenditures were $3�.00. Cc Ginger Palmer Christine Rozek Gasy Pechmamn P89e ` o � ` ST. PAUL POUCE DEPARTMENT GENERALREPORT Oay MonM Date Year Time: Squad: 7eam: rrs ��`"2�:�- �' ZZI,� '� S l.tl Ciass: L ation oi CaIL �ocalion of Crime Scene: �� t C C�' .�•r, `b•,� .� C-.�:,�� 7�sz..I cm..�� Otcutted �, At Q Beiween; �Z/ hrs. on /� � 9�c and hrs. on �, �� - Crime Lab GL Crime Lab Loc{ Property Room r O�r'7�'2. �+�l�t� y� R.�C tJRS PrSS � b v�� i t'� f� C) i t.c �t � A'f Th'�`�� .�i �- ��02�\� ZSS`1 Cow..� A�e _ ST. P�W\ YyA�. .�i� E�,�t+�wf�tc. ett�nc� � Sc� �F �� E.5`i ��SNw��NV �XJv�L� .�!! �}n1 +4�u��-cat�'L J�v�2�vG �ra Grv uNDc�zll�vc- 5T �a-.>� 4o�:c, `7�.�. �t��$t t� €1r.rD ^,7.�c i� �'•v� A. 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W R.iSRL- /�$ !�L �C2_ � -'rL.- T' i � � �y__.tRFS-__RI.�-. ?RC. ____.. __ S ,� cc.f� __.iZi,-�p��_.,t�_• _ - - -- - - -- - _ --- - ----- 1j n � N - Fj�.^ _ �Q..�AfLR11.tJ'�yL..'-''��___ .5�. �N'�} 1 W A S . EX J LN _.- 'Tb___S-C�S.__ l..e.WA!G.KR `_ _ _ _ _ '� �- S`�QG-'T�. PrFT�_ �e �C721�-� W�-�N V�ST'��'T4R._' �3�N�_ _ _ . . G L��2 � _.� _�CA.: i�t"17. (I.PCf _J�PcN�.�c`�� ttiTA.i�T 2.t��'JS�__.. "___' _" _ 1 .E71i ' �Yes No 4 . � EHF ❑ Hom ❑ Rob ❑ Juv Q Coord V ID ❑ Lab ' Rec �/ Team ❑ Sex ❑ Rptr ❑ Qther 0/G ❑ 6urg � TheH [] Prop Q CAU �'r&F Q Auto �� AO ❑ CQ ❑ HumServ _-v�rrz�- / ' 1 PM E27-92'n. lJ i �, I ! v.o. r a if—ZS— / ST. PAUL POLICE DEPARTMENT CONTINUATION OFc ❑ ORIGINAL REPORT �"��3Ffo to City Licensing T� �../ -u� y ITAL REPORT Squad 788 was assigned to a Vice detail at Campus Bar located at 2554 Como Ave. on the above date: I had Officer Cris Byrne go inside with an nnder aged feriiale' to attempt to have her s_en�ed an alcoho.lic beverage. He had arranged to provide a si�at to undercover officers to come into the bar to confront the person that sold the beverage. When the signal was given, I, aiong �c�ith Ms. Kris Schweinier of LIEP went inside and spoke to a waitress that Off: Byrne pointed out to me. I identified her as TIFFANYPERSSDIKof $67 Weeks Ave. SE Mpls. 55414 phone 371-1273. Ti#'fany said she didn't know that the female with Off. Byme was under age and was very remorsefu� �I z �, � �z-�� 00 { � � � N ' v ; � 'CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ 10 ❑ Lab YJ Ree ❑ Tearn ❑ Sex ❑ RpV ❑ pther L r c_ DIC � Surz} ❑ Theft � Prop 0 CAU ❑ F8� Q Auto ❑ DAO ❑ CA ❑ HumServ ( ) � Type `„/ f (� - PM 622-93F. � � _-..�;--- - ��l y`-t5 Lic ID...••• ............. 72567 STAT...•••••••........... AC Business Name............ CAMPUS SPORTS GRILL & NIGHTCLUB INC Doing Business As........ CAMPUS SPORTS GRILL & GOLDIES Address .................. 2554 COMO AVE Zip ...................... 55108 E� Date ................. 09/30/97 License Name ............. GAMBLING LOCATION {CLASS A) . ENTERTAINMENT-CLASS B . RESTAURANT (B)-MORE THAN 12 . SEATS . SUNDAY ON SALE LIQUOR . LIQ-ON SALE-OVER 200 SEATS-A NOTE AREA ................ 12880 . PH NOTICE SENT 8-15-94 SET 9-28-94 . 1�/21J94 ROHERT KNAUFF-EXHiTSBAND OF RENEE MONTPETI . 289 STH ST E#204 {223-8442)-CALLED TO ASK FOR . INFO ON MARTIN BERTZYK & FRANK GRULER-HE ASKED FOR . FRANK GRULER'S ADDRBSS. THIS INFO WAS GIVEN OVER . TAE PAQNE. . 1OJ26/94 PH ON APPN FOR NEW ON SALE LIQUOR-A, . SUNDAY ON SALE, RESTAURANT-B, AND ENTERTMNT-III Press <RETURN> to continue... Alt-Z FOR HELP° VT1Q2 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° LAID OVER INDEFINITELY (C.F. #94-1400) 12J21J94 PH ON APPN FQR NEW ON SALE LIQUOR(A), SUNDAY ON SALE LIQUOR, RESTATJRANT(B), AND ENTERTAINMENT-III APP'D C.F. #94-1400 1f26/95 REFUND FOR DIFFERENCE BETWEEN CLASS 4& CLASS 3 ENTERTAINMENT ($1165.00) ISSUED P.V. #V-330-6441. LICENSEE WAS MAILED HIS LICENSE INCLUDING TI3E CLASS 4 ENTERTAINMENT- HE HAD PREVIOUSLY WRITTEN REQUESTING IT BE CHANGED TO A CLASS 3. TAE LICENSE WAS CHANGED AND A CQRRECTED LICENSE WAS MAILED TO THE LICENSEE. 8/17/95 GAMBLING LOCATION LICE23SE CODE ADDED FROM I.D.#33083 PER LICENSEE--LAP-LIC lOf4/95 C.F. #95-1178 APP`D IMPQSING ADVERSE ACTION AGAINST LICENSES. FINE = ONE DAY SUSPEN- SION EFFECTIVE 1Oj22/95. 10/12/95 - SENT I30TICE OF ONE DAY LICENSE SUSPEN- SION PER CF #95-1178 - LAB 1995-RECEIVED 7o DISC ON LIQ FEE FOR PARTICIPATION IN ALCOHOL AWARENESS TRAINING PROGRAM--LAP-LIC 1/8/96 M. BERTZYK & F. GRULER HOME INFO GIVEN OVER ress <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 S71 ° LOG CLOSED ° PRINT OFF ° THE PHONE TO GENNY MACLEOD WJTHE MN DAILY NEWS-LAP 1/8j96 DBA CHANGED TO CAMPUS SPORTS GRILL & GOLDIES PER C.ROZEK & K.SCHWEINLER--LAP-LIC 4/11f96 HOME INFO GIVEN ON BOTH OFFICERS TO . DOROTHY OF JOHNSON BROS LIQUOR @ 649-5830-LAP-LIC . 8/14j96 C.F. #96-965 APP'D SUSPENDING ALL LICENSES . FOR ONE (1J DAY ON 9J4f96 FOR THE VIOLATION OF ."SALE OF ALCOHOLIC BEVERAGES TO AN UNDERAGE °�� t�-(S . PERSON" Bond Policy Number_..__._ Bond Company ............. Bond Effective Date._.... Bond Expiration Date.._._ Insurance Carrier........ LEXINGTON INS CO Ins. Policy Number....... 55358992355 Insurance Effective Date. �9/26j96 Ins. E�iration Date..... 09/30f97 . Associated Stock Holder.. MARTIN RICHARD BERTZYK . FRANK ROBERT GRULBR Dealer I3o ................ Tax Id ................... 1595000 Worker Comp Eap Date..... Press <RETURN> to continue... 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Presented By Council File # � \ ��S Green Sheet # ��\ �Q RESOLUTION CITY QF SAINT PAUL, MINNESOTA � Referred To " Committee: Date 1 Z 3 RESOLVED, that the Liquor On Sale (A), Sunday On Sale, Restaurant (B), Entertainment 4 (B}, and Gambling Locafion (A) licenses (License ID No. 72567) held by Campus Sports Crrill 5 & Nightclub, Inc. dlbla Campus Sports Grill & Goidies and located at 2554 Como Avenue in 6 Saint Paul is hereby suspended for a period of ten (10) days with nine (9) days stayed for a 7 period of eighteen (18) months on condition that the estabiishment ciose for one day and the 8 licensee pay a two-thousand dollar ($2,000.00) fine for the violations of "Sale of Alcoholic 9 Beverages to an Underage Person" and "Consumption of Alcahol by an Underage Person". The 10 remaining one (1) day suspension shall take place on � J�/- �'� 11 12 This Resolution and the action taken above aze based upon the facts contained in the Saint 13 Paul Police reports CN 97-013-997, CN 96-199-965, and CN 96-186-727, the facts of which are 14 sununarized in the Notice of Violation letters to the licensee dated February 14, 199�, January 15 28, 1997 and December 13, 199b, and such azguments as may have been presented to the Council 16 at the public hearing. The licensee does nat dispute the facts of the violations. 17 i$ 19 20 21 Requested by Department of: Adopted by Council: Date ~ c�3 ��°� Adoption Certified by Council Secretary ty : pproved by Mayor: Date 'Y'I 5 �; � \ By: t �i�l.t.��¢�' � d�-U�t�-.i Form Approved by City Attorney BY- '�� ,�5 L�..�� 8�g��oved by Mayor for Submission to Council By: Q�ce of LIEF Christine Rozek, 266-9108 io� i�� GREEN SHEET INITIAVDATE— � OEPARTMENTOIRECTOR � C(iYATSORNEY FOR � �UOGE7 DIREG70R � � MAYOft (OR A$$1$TANT) TOTAL # Of SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) 4a�� t �tic5 INRIAVOAiE - � CITY CAUNpL � CrtY CIEFK � FIN, S MGT. SEFiVIC DIR. � Concerning licenses held by Campus Sports Grill and Nightclub, Inc., DBA Camgus Sports Grill and Goldies, located at 2554 Como Avenue. (LTncontested) O� Rqett (qj _ P(ANNINGCOMMISSIQN __ pViLSEqVICE ___ CIB GJMM(TTEE __ _ STAFF __ _ �ISTRICT COURT _ SUPPORTS WHICH CqUNCIL Q&IECTNE? whan, PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWINCa QUESTIONS: 7. Has th7s personttittn ever wwked under e contract for t�is department? YES NO 2. Has this person�rm ever 6een a city employee? YES NO 3. Does this person/f�rm possess a skill not normally possessed by airy current cMy employee? YES NO Explafn all yas anawers on separate sheef antl attach to green shaet 6�r�i+£�uzk '.��'.',.,.....,. '�.�-',;,� F1.'El .L v� iJJI IF NOT APPROVEO. AMOUNTOFTRANSACTION $ COSi7REYENUE BUDGETEp {CIRCLE ONE� YES NO G SQURCE ACTIVITY NUMBER L INFORM"ATION: (EXPLAIN) �� ti�� UNCONTESTED LICENSE HEARING Licensee Name: Campus Sports Gritl � Nightctub, Inc. d/bla Campus Sports Grill & Goldies Address: 2554 Como Avenue Council Hearing Date: Aprii 23, 1997 Violations (3): November 25, '1996 December 21, 1996 January 29, 1997 Consumption of Alcohol by an Underage Person Sale of A{cohol to an Underage Persan Minn. Stat. § 304A.503 (1994} St. Paul Legisiative Code § 409.08 Piace: Licensed Premises Recommendation of Assistant City Attorney on behatf of client, Office of License, tnspections and Environmental Protection: Ten {10) days suspension with nine (9) of those days stayed, in addition to a $2,000.00 fine Atkachments: 1. Proposed resolution 2. Summary letter dated 3/28/97 3. Foilow-up letter dated 31fi197 4. Notice of Violation dated 2i14/97 5. Compliance Report dated 1130197 �1 �t�rs 6. Police Report GN 97-013-997 7. Notice of Violation dated 1/28l97 8. Police Report CN 96-199-965 9. Notice of Violation dated 12/13/96 10, Comp(iance Report dated 11l26l96 '11. Police Report CN 96-186-727 12. License information 13. City Attorney License Adverse Action Summary OFFICE OF Tf� CITY ATTORNEY Peg BirIG City Atromey °�-1'�'\�5 CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City H¢!1 IS West Kel7aggBlvd Saint Pau; M'mnesom 55102 Ze%phone: 612 266-8�10 Facrimile: 6I2 298-5679 Agril 8, 1997 NOTICE OF COIINCIL HEARING Timothy R. Geck Attorney at Law Birch Lake Professional Building 1310 East highway 96 White Bear Lake, Minnesota 55110 S. Mark Vaught Attorney at Law Suite 700 Six West Fifth Street Saint Paul, Minnesota 55102 RE: Licenses held by Campus Sports Grill & Nightclub, Inc. d/bja Campus Sports Grill & Goldies for the premises located at 2554 Como Avenue in St. Pau1 License ID No. 72567 Our File Number: G96-0632 Gentlemen: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, April 23, 1997 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 con'sideration. This is an uncontested hearing, in that the facts contained in the reports concerning the three separate violations of the liquor laws have not been disputed. 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. As previously discussed, the recommendation of the license o££ice will be for a ten (10) day suspension of the licenses with nine of those days suspended for a period of eighteen (18? months, on conditions that the establishment close for one day and the licensee pay a $2,OOQ.QO fine. q�--�� 5 If you have any questions, please call me at 266-8710. Very truly yours, L /�.�c�,�1 ��--�-u..z f Virginia D. Pa1mer Assistant City Attorney cc: I3ancy Anderson, Assistant Council Secretary - Robert Kessler, Director, LIEP Christine Rozek, LIEF Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 -�, OFFICf �^ THE CITY ATTORNEy Peg Bi�k Ciry Arto>ney `�� V l — !J CITY OF SAINT PAUL herm Colenwn, Mayor March 28, 1997 Timothy R. Geck Attorney at Law Birch Lake Professional Bldg. 1310 East Highway :5 White Bear Lake, i�T 55110 S. Mark Vaught Attorney at Law Suite 7oQ Six West Fifth Street Saint Paul, MN 55102 RE: All Licenses held d/b/a Campus Sports at 2554 Como Avenue License ID #: 72567 Dear Gentlemen: by Campus Sports Grill & Goldies, in Saint Faul Cn•il Dnision 400 Ciry Hall Telephane; 6II ?66-Si10 IS West Kettogg Blvd Facsimik; 612 248-5619 5aint Paul, MLu�esom 55701 Grill & Nightclub, Inc. for the premises located This letter will confirm our conversations of Wednesday, March 26, 1997 during a meeting with licensing staff, and separate telephone conversations with Mr. Vaught on March 27, 1997 and Mr. Geck on March 28, 1997, all regarding the pending adverse action against the above-referenced licenses. Since December 13, 1996, three separate Notice Of Violation letters have been sent to the present licenseholder at Campus Sports Grill & Nightclub, detailing three violations of the liquor laws occurring on the licensed premises. The dates of the violations were November 25, 1996, December 21, 1996 and January 29, 1997. Mr. Geck represents the current owners and licensees, Martin Bertzyk and Frank Gruler, who are selling the business to Daniel Bussey, represented by Mr. Vaught. Mr. Bussey is currently managing the licer_sed establishment, and was at the time of the January 29, 1997 violation, but under the terms of the Saint Paul Legislative Code and the management agreement submitted to the Office of License, Inspectic�s and Environmental Protection, the current licensees retain resbonsibility for violations on the � -� Q, �-l�-t S Campus Letter March 28, 1997 Page 2 premises. Mr. Bussey has applied for a license unfler his own name. The recommendation of the LIEP office for a penalty for these violations will be a suspension of ten (10} da}�s, nine of the days .to be suspended for a period of eighteen (18) months, on conditions that the establish�:ent close for one day and the licensee pay a $2,000 fine. The rationale for this recommendation is that, for the current licenseholders, this would be a second offense on the penalty matrix, with multiple violations. The matrix calls for a six day suspension but alloks the Council to deviate�upwards for the multiple violations. Because the business is being sold, the closure would imoGct the r_ew licensee rather than the current licensee. Therefore, the payment of the $2,000 fine appropriately punishes the existiag licenseholders, and the suspended nine days is protection £or �:e City in the event that they take possession back from the new managem=nt for any reason. The one day suspension does fGll on tne new license applicant, but is appropriate since �� was managing the business at the time. I explained to both of you that it is my interpretation that this is a penalty against the current licenseholder, and that the suspension does not have the effect of transferring to the new license, if issued. Thus, Mr. Bussey would start out with a clean slate and if there are future violations while he is a licenseholder, they would not trigger service of a suspensian of the license for those nine days. However, if for any reason Messrs. Bertzyk and/or Gruler take over the business again within that eighteen month oeriod, they would be subject to that suspended time in the event of a violation. In my telephone conversation of this morning with Mr. Geck, he indicated that his clients were prepared to admit the violations and have the matter scheduled before the Saint Paul City Council for a hearing. It will be scheduled as an uncontested matter but the licensees or their attorney can speak to the penalty, and the new license applicant may be heard as well. Finally, I attempted to be very clear in both the meeting and my telephone conversations that the proposal outlined above is only a recommendation ard that the Council has the final authority to determine the appropriate penalty. This recommendation takes into account that the business is being sold anci that it would be unfair for the entire brunt of enforcement to fall on the new applicant, but also recognized that he was managing the premises during one of the violations. Additionally, it is based on a similar situation with another licensed liquor estalalishment, Peppercorn`s, .and reflects the action taken by City Council in that situation. If anyone feels that there are inaccuracies or � Campus Letter March 28, 1997 Page 3 misrepresentations in any oi the above, please contact me. Based on the telephone conversation with Mr. Geck this morning, we will schedule this matter for City Council for hearing and send notice of the time and date of the hearing to both of you. Sincerely, �� '�� Varginia D. Palmer Assistant City Attcrney cc: Robert Kessler, Directcr of LIEP Christine Ro2e's, Deputy Director of LIEP Kris Schweinler, Licen=_� Inspector CITY OF SAINT PAUL Xorm Cokmart, Mayor March 6, 1997 Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Gri11 2554 Como Avenue Saint Paul, MN SS1D6 OFFIC'' THE CITY ATTORNEY Peg B'v1, ry Arrorney c \� �-t�� Civil Division 400 Ciry Hall I S Wut Kello� Blvd Saint Pau; Minnesom 55102 Telephone: 61Z 266$710 facsimik: 61219&5619 RE: A11 licenses held by Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill & Goldie's for the premises at 2554 Como Avenue in Saint Paul License ID #: 72567 Dear Sirs: By letter dated December 13, 1996 you were notified of a violation of sale of alcohol to an underage person occurring on the above-referenced licensed premises on November 25, 1996. By letter dated January 28, 1997 you were notified of a December 21, 1995 violation of consumption of alcohol by underage persons on the licensed premises. By letter dated February i4, 1997 you were notified of a January 29, 1997 violation of sale of alcohol to underage persons on the licensed premises. Each of these letters requested a written response from you. Because I have not received any written statement from you that you contest the facts aileged in the letters, I am scheduling all three violations for a hearing in front of the Saint Paul City Council for a determination of the appropriate penalty. You will receive a notice teiling you the time and date of that hearing. If you have any questions regarding this letter, you may contact me at 266-8710. Sincerely, �� ✓ � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Timothy Geck, P.ttorney `or licensees, 1320 East Highway 96, White Bear Lake, NLN 55110 QFFIC"�F THE CITY ATTORNEy CITY OF SAINT PAUL horm Coleman, Mayo� Cn•il Divisian 400 Ciry Hatt IS West Kellogg BPod Saln7 Pau� �rmesom 55102 p `t `"\ Telephone: 6J21 b6-871 D Facsimile: 612198-5619 February 14, 1997 NOTIC� OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Faul, MN 55_G6 RE: All Licenses reld by Ca-pus Sports Gri11 and Nightclub, Inc., d/b/a Campus Snorts Gr?11 and Goldie's License ID �: 72567 Dear Sirs: The Director of the Of:ice of License, Inspections and Environmental Protection will recommend that adverse action be taken against your licenses based on the following information: On January 29, 1997, a Saint Paul Police Officer and a licensing inspector from the Saint Paul Office of License, Inspeetions and Environmental Protection were present in the licensed premises at approximately 9:55 g.m, with two underage decoys. One of the decoys presented ID showing that she was 20 years of age but was given a bracelet indicating that she was 21 and was able to purchase alcohol. The other deeoy was sent to a separate door and her hand was stamped "NO", indicating that she was not able to purehase or consume alcohol. Ten minutes after both entered they returned to the entry to Goldie's carrying bottles of Lite Beer. The decoy whose hand wae stamped "210" indicated that she purchased the two beers from a bartender. The bartender stated that she was distracted by a fight at the time she sold the beer to the underage decay. If you do nat dispute that �he above facts, please send me a letter so that the matter can be sc:eduled be£ore tr,e City Council for a . �--� �us hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. If you believe that the facts stated ahove are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the administrative law judge. Please� let me know in .writi�:g no later than Monday, February 24, 1997 how you wish to proce2d. If you have any questions about these options, feel iree to contact me at 266-8710. Sincerely, l �� Virginia D. Palmer Assistant City Attcrney cc: Robert Kessler, �irecto= of LIEP Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1055 Nortn Dale Street, Saint Paul, 55117 Timothy Geck, Attorney ior licensee, 1310 East Highway 96, White Bear Lake, 55110 c\ STATE OF MINNESOTA ) ss. AFBIDAVIT OB SSRVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 14, 1997, she served the attached NOTICE 'OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr_ Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �\ Subscribed and sworn to before me this 14th day of February, 1997. � � ,�L . ��Y12 � � Notary Public ■ • � Ri'FA �A. ECEr "DD � raorsPVr _� . �oTa � RR: :E - ! CG'�.. i Y `� navcoR:, e:,c�s.en a,.a000 • • S�IxY fAl:l, A� CITY OF SAINT PAUL INTERDEPARTMENTAL Iv1EIvIORANDUM DATE: 1-30-97 TO:Robert Kessler FROM:KriS SChweinZer.��' ,. Rfi:Liquor Compliance Checks �� On 1-29-97 Sgt. 2]rrone Strickland, and I along with two underage female decoys ,conducted a compliance check at CampusJ Goldies at 2554 Como Ave. Sgt. Strickland positioned himsel£ so as to see the ID procedure at the entrance o£ Goldies inside to bar. The decoys were instruct to come in through Campus and walk past Sgt. Strickland. They were asked for id at this entrance and were askefl to check their coats. T"ney both presented their id to the male checking id's. St ehould be noted that Sgt. Strickland did photocopy the id's that the females used which in8icates their trse age and identity. Those will be presented in his report to you. The male checking the id look at the 20 year old id and put a wrist band on her that indicated that she was old enough to drink. The other decoy was told to go through the bar to the back door and get her hand stamped,which she did. They then went to the hack bar in the Goldies area and the decoy with the hand stamp ordered and paid for the two bottles af beer. 27!ey then came back to where Sgt. Strickland were waiting by the pool tables at the entrance o£ Goldies. They gave us the beer,got their coats and I escorted them back to the car. I came back to assist Sgt_ Strickland in identifying the bartender. We also spoke with the applicant £or the new license Mr. Busses. He tried to e�cglain that he was in the proce�s of getting rid of the old staff and what his procedures were £or controlling the mixed crowd. I explained that they would be noti£ied by us and the City a[torney as to how we would be handling this incident. We then le£t the establishment taking the beer with us. Sgt. Strickland poured to beer out in the parking lot. The decoys were paid 515.00 each and the cast of the beer was $5.10 and $2.00 for a coat check Pee. An interesting note when we took the decoys home they told us they were not required to gay the cover charge of $4.00 to get in like everyane else. CC Christine Rozek Ginger Palmer Paya � of � �� Occurced Q At Q Behveen: ST. PAUL PQLICE DEPARTMENT GENERAL REPORT te: SGuad: Team: `�Li l � Locatioq of Crime S ne: o A�t� ZS'S � �,,� hrs. on and hrs. on Address: 1 j/ )%) � i %Tt^ S��Gr 'S F1¢COtds Crime lab � 1 Proper;y Rocm SQ.791(STRICKLAND)SS ASSIGN =0 THE VICE UNST OF THE ST.PAUL POLICE DEPT.THE U?�TiT HAS REC�SVED COMPLAINTS ABOUT PERSONS UNDER TW8I3TY-pNE(21)YOA, 3UYSNG ALCOHOL ON WENDESDAYS 18-21 NIGHTS AT GpLDIE'$ AT 2554 CCi✓0 AVE. ON 1-29-30 I ASSIST�D CHRIS SCiIWEINELER OF THE ST.PAUL CITY LICENSES DEPT WZTH A DETAIL �1 GOLBIE=S-B&R--AT-2554-COMO AVE. I MET WITA SCHWESNL�R AT ST.?AUL POLTCr� AQ.I TOOK PHOTO'S OF TWO UNDERCOVERS AS THEY�tdER� TO AFPEAR THIS NIGHT FOR THE DETAIL AT GOLDIE`S.I ALSO PN_OTO-COPIED THERE PICTURE IDENTIFICATION AND THEN RETURWED THEM ^_O THE TTvO UNDERCOVERS. AT APPROX. 2155HRS I ENTERED THE CAMPUS BAR WHICH IS ALSO ` ATTACHED THE_GOLDIE'S.I THEN WENT AND STOOD BY THE ENTRY TO GOLDIE'S.APPROX. FIVE(5} MINliTES LATER I SAW THE TWO fTNDERCOVERS __ ENTER THE_CAMPUS'S BAR AND WPZK THUR TO G4LDIE'S.I TAEN SAW AS THEY BOTH WERE ID UC. #1 WFiO ID SHQWED TAE AGE OF 20 YOA,WAS GIVEN A GOLD BAND TEAT WAS T3IED AROUND HEI� RIGH'L WRIST,WHICH ._ _ INDICATED THAT THE UC WAS 21 YOA I-vND ABLE TO BUY ALCOHOL.UC, --'-- #2.ID WAS CHECKED AND THE UC WAS SENT TO ANOTHER ENTRY-DOOR TO BE_ STAMPED TO ZNDICATED THAT UC �2 WAS UNDER THE AGE OF 21YOA AND r};' ALLOWED TO BUY ALCOHOL. - APPROX. i0 MINUTES AFTER ENTSRING GOLDIE'S BOTA UC`S RETURNED TO TFiE ENTRY TO GOLDIE'S,WfiERE WE WERE LOCATED.THEY BOTH WERE HOLDING A BOT'TLE OF LITE BEEi, WHICH THEY TtTRY�FED OVER CARIS AND ME.I THE23 SAW THAT UC #2 H�T77 THE WORD "NO" STAMPED IN BLACK ON THE UC HANDS,WHICH INDICATED NO ALCOAOL.UC #2 STATED THAT UC #2 PURCHASED THE TWO $EERS FROM THE W/F THAT WAS WORKING THE BACK BAR,THE BARTENDER WAS DESCRIBSD AS WjF ,BLOND FiAIR,LONG IN THE FRONT,THE ONLY FEMALE WORKING THAT BAR. sting 0 ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ 6urg Q Thett [] Prop � CAU � F&F Q Auto � -�? � ;<� � -- - _�`s'��..�.c'' ....._. , r+ � ~ � � . �� fS'' .�;`✓; �� No.: Re rting pfficer. Emp. No : �G-�' . 5' 3. No.: O.T� TypisC R. .: Code: Name Entry; - �Yes ("] No . Rec � Team ❑ Sex ❑ RpU_"�� Other ��t � f �? CAO (� CO ❑ WumSen PM 62t-92R L, c_ �� v. _ � P! EMENTAL flEPC ST. PAUL POLICE DF,PARTMENT TINUATlON OF: ❑ OR161NAL F �� ti� � MENTAI AEPORT WE (STRICKLANDfSCkivhINELER} THEN WENT IbT TO TALK THSS BPI2TENDER.AS WE WR? �ED TARII ?'?�E BAR WE SAW NUMEROUS PEOPLE WITH TAE W0:4D"NO" STANir_-D ON THER� F.P_NDS,BUT DRINKING ALCOHOL OR BBER. P_T THE BACK SAR WE :OUN� TH� Wjr WHO ID AER SELr AS A ?2IGGINS,SHEILA, 7550 CLOMANIdAY �3,I.G.H.,MN.H#451-5915,W#646- 1339.SHSILA rIRST 5'T'ATBD 1F�^1 THERE WAS NO WAY SHE SOLD TO SONEONL UDIDBR AGE.v�3 THEN TOI,D HER WHAT HAD•HAPPEN AND WHEN .SH�I� TN_EN STATED THAT SH� REMEMBEREt� THE UC BECAUSE OF THE PANTS THE UC WAS W�?�ING.SN�ILA STATED THAT THEIR WAS A FIGHT AND THA^1 W�S THE TINE T_:A1 THE BE�R WAS 90LD TO UC #2_SHEILA STATED THAT SkE WAS PAYSNG ATTENTION TO THE FIGHT WHEN SHE SOLD THE BEER. WE TfiEN INFORMED Tr3 MANAGER A BUSSE,DAN, 762 W. CALIFORNIA, S1^.PAUL,WTM646-1339, H� 642-8894,ABOUT WHAT HAD F-IAPPENBD.WE THEN LErT GOLDIB`S AND E'�TERED CAMPtTS'S BAR CARRYING THE TWO BEER3 AND WALKED THRU CAMPUS'S AND OU1 TNE DOOR WITH THE SEERS AND WE WEREN`T STOPPED QR CHECKED CFStRYING THE BEER'S OUTSIDE TAE BAR. THE TWO LITE BEaR BOTTLES WE3E TAKEN TO AQ, PHOTOGRAPHED THEN THROWN AWAY. A Z � � 1 c � � � � � _ I �Yes � No I I I � I iF ❑ Hom ❑ Rob ❑ Jw ❑ Coortl Q 1D ❑ Lab ❑ Ree ❑ Team ❑ Sez ❑ Rptt ❑ pther %❑ Bury Q Theft Q Prop Q CAU ❑ F&F Q Auto ❑ DAO ❑ CO ❑ NumServ � Type PM 622-93R " -- OFFICE oF 7'HE CITY ATTORNEY Tmothy L� : irz, Ciy Attomey �� CIT'i� OF SAINT PAUL T'arm Colemmt, MQyor Civil Division 400 Ciry Ha!! IS R'est K¢ltogg Blvd Sa'mr Paul, hfmnesata 35102 Tetephone: 672 266-8i70 FacslmiZe: 611 Z98-5679 January 28, 1997 NOTIC3 OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN 55108 RE: All Licenses held by Ca-pus Sports Grill & Nightclub, Inc., dfb/a Campus Snorts Gr_11 & Goldies Dear Mr. Gruler and Mr. 3ertzyk: The Director o£ the 0�=ice of License, Environmental Protection will recommend that taken against your licenses for the following Inspections attd adverse action be reason: On December 21, 1995, a licensing inspector and a Saint Paul Police Officer were present in the licensed premises at about 11:30 p.m. and observed an intoxicated 20-year old female, a 19 year old female drinking a beer, and another 19 year old female who }zad been drinking tequila. They were present when a waitress approached the table aad offered to sell shats of liquor to a table of people, including the two 19-year old females mentioned above. This was documented in Saint Paul Police report #96-199-965. If you do not dispute the abcve facts, please send a letter statir�g that you are not disnuting t^= facts and that the matter can be set before the Saint ?�ul City Council for a determination of the appropriate penalty. If you do wish to dispute the facts, you can have the matter set before a� administrative law judge for a fact- finding hearing. I£ you do wish to have th= matter heard in front of the City Council, this matter can be sc?�eduled along with the violation from November 25, 1956, if you N?sh to send a letter admitting tha� �.� �� violation as well. Pursuant to Saint Paul Legislative Code §409.26, they would be handled together as a multiple violation, which is a grounds for departure from the presumptive penalties for each violation. I£ you have any ouestions, you may ca11 me or have your attorney ca11 me to discuss the matter in more detail. Sincerely, Ij� �6KKt �� :4t" � Virginis D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr of LIEP Christine Roze'.�c, Deputy Director of LIEP Abby Stuck, Conmunity Crganizer, St. Anthony Park Community Council, 890 Cromwell Avenue, St. Paul, 55114 Michael Celello, Timothy R. Geck & Assoc., Attorney for Licensee, 1310 East Highway 96, White Bear Lake, 55110 , � �` STATE OF MINNESOTA } ) ss. COUN'PY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G, CLENENTS, being first duly sworn, deposes and says that on January 29, 1997, she served the�attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN. 55108 (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 29th da� of Ja��ary, 1997. .w.,,.��,.,. , � K%,TN?''•'N J. ".� t� ��.,..'`: �:uT, "rL'EJ;,'I; ".:.5;,:;ri a:�,JSEV r,ouvrr Ny Comm. E<pires dan, 31, 2CUC • � ST.PAULPOUCEDEPARTMENT ,t��y=�kt{y # Page _„�_otT_ GENERAL REPORT q-� uy � �° �� .� Occutted �Q At (J Betweem. � hrs, on ComplainanYS Name (lazt, nrst. Middle): 5��•,� '?�� 7 ?�_ Articles ewvered: N/,a hro.on -L �G , r. Hecortls LJ Grime lab locker Crime Lab � Property Room NARRATtYE Arrest Number tast Nama First Middie Address DOB Ag= Sex Race On 12-21-96 myself aloag with Schweinler from L.I.E.P. conducted following liquor establishments; P Parisios Bar and Camnusl�o�diPC_Ha sgt. Wachal and Kris premise checks at the , Peppercorns Bar, � premise c�ecks we routinely look for violations of liquor laws to include minor consumption of alcohol� providing alcohol to obviously irtoxicaCed persons and adherence to closing hours as well as other violations. On 12-21-96 at approximately 23:30 hours we checked Goldies and Campus bar. While inside of Goldies I confronted a 20 yr ald female. This female appeared to be intoxicated but denied drinking an�r alcohol. This same female did not have a drivers license or identification card in her nossession. She stated a girlfriend else where in the bar had her ID. We were unable to locate this female due to the extremely large crowc2 of people. I advised this party in the future to maintain possession of her ID while in the bar. I also observed a group of people seated at a table which included two males and three females. A11 of these parties appeared to be under 21 so we ID them. One of the males identified as MC MAfIAN, LIONEL JOHN 22YR5 OF 2202 92 ND AVE EYOTA, MN. 55934 PHONE (507) 545-2503 had three open bottles of beer sitting in front of him. All three o£ the bottles contained beer and he__claimed__to_have been drinking from all three. Sitting next to Lionel was a female party identified as MEIME22S DEBORAH SU_ SAN D_Q R i�-14=72_(19yrs� from RT 1 BX-1QQ ats a.fl , . T�923 Phone (507) 254-7816. Susan had one of the bottles of beer belonging--ta-�io�l--sitting directly in-front o� hsr. I asked if she had been drinking and Deborah stated she had taken a few drikcks o€—b-ione}s-bee�: Lionel denied observing her c3rtnk--€rom :-- his beer bottle but could not satisfactory account for the three bottles of beer: - W. 1 �riF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID 0 Lab � D(C � Bur9 [] Thett [] Prop Q CAU ❑ F&F Q Auta No.: Reporting Officer. J ` "" c7 �t.� o.: O.T.: Typist: (�Yes 0 No Rec ❑ Team [] Sex ❑ Rptr DAO ❑ CO ❑ HumServ S5 // Code: �. r Other� i �- E �-�,..1 � f 0 _ � � � � U , No.: PM fi27 A2R � '� � °� � �T. PAUI POLIC ' SUPFLEMENTAL REPORT LvJ COhTINUATfON OF: Date & Time ot Repert: Offense!lneident %,�' ��"f t 3:�£YJ TivF.� 1 � �.-� �us SUPPLEMENTAL REPOR7 Sitting at this same table was a female who appeared to be passed out. This party was seated next to Deborah with her head resting on the table. I identified this party as a MOORE, SARA ANN D.O.B. 7-26-77 {19 yrs) of 3553 eight and one ha s r t�ocTiester, MN. 55401. I ask=d Sara what was wrong and she stated her•stomach hurt. S asked if she had been drinking ancl she replied just a couole. I as{ed what she had drank and she stated she had a couple shots of tequila. Later when I again questioned Sara as to what she had been drinking she changed her story and stated she drank the tequila while at a friends house a few hours before they got to the bar. While questioning Sara a waitress came to the table and asked Sara as well as the others seated at the table if they would lik� to buy a shot. This waitress was carrying with her an assortment o£ prepared shots of liquor in what resembled a test tube. I advised the waitress that these individuals were under 21 and she walked away. It should be noted that both Sara and Deborah had black x`s on their hands indicating tney were under 21 years o£ age. I contacted a bouncer and had the minors removed from the bar. If not for our presence I believe the waitress would have sesved the minors additional alcoho2. it should be noted the bar was filled to capacity. Most of the occupants were standing shoulder to shoulder in a large crowd. There appeared to be a large segment of the crowd ranging in the 18-21 year age bracket. Approximately 4 young females were dancing on top of large stereo speakers_and tables which appeared to be a hazardous situation. On the way out of the bar I saw the owner Marty Bertzyk. I explained to Marty what we had found during our premise c ec of the bar. I felt it important that he be appraised of the situation especially taking in to consideration the extremely large crowd of people in the bar. When I spoke with Marty in regards to the minors drinking alcahol he stated he did nat believe it was his responsibility if a minor drinks alcohol as long as his employees do not serve the minor. I corrected him and stated he was responsible for any alcohol consumed my a minor while in his establishment. Marty became hostile stating if he did not have teen night he would not be able to financially survive. Marty stated it was unrealistic to hold him accountable for a minors drinking alcohol in his establishment if,served by a customer and not one of his employees. Marty, stated we were just trying to put him out of business and stated ha di.d not care stating he recently sold his business at Goldies and will be out of the business soon anyway. Marty stated he does own other bars. Marty expressed concern about his inability to communicate with the City Council over � l lOY�0�1 I I ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab ❑ Aec ❑ Team ❑ S9x ❑ RPV ❑ Other ❑ 0/C Q Buy ❑ Theft Q Prop Q CAU ❑ F8F � Auto ❑ 4A0 ❑ CO ❑ HumSer/ � T� � z '� � �. � ^�O , �� PM 622•93R CITY OF SAINT PAUL A'orm Cokman, Mayor December 13, 1996 OFFICE OF THE CITY ATTORNEY r�,orrry s �"�. c;yAno� �� S Civi1 Divisian 400 C,ry Nat1 IS West Ketlogg Blvd Sans[ Pau{ Mmnesom 55102 Tilephone: 61I 266-&710 Facrnrsile: 6T2 29&5619 NOTICB OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, Minnesota 55108 Re: Al1 Licenses held by Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill & Goldies for the premises located at 2554 Como Avenue in St. Paul License ID No.: 72567 Dear Mr. Gruler and Mr. Bertzyk: The Director Environmental taken against that: of the Office of License, Inspections and Protection will recommend that adverse action be your licenses. The basis for the adverse action is On November 25, 1996, a Saint Paul police officer entered the bar with aa eighteen year old female. They sat down and when the waitress approached, the officer vrent to use the bathroom. The female ordered a Miller Genuiae Draft and a Miller Lite. The waitress brought two mugs cf beer, which the 16-year old paid for without any ID being requested. The waitress was later identified as Tiffaay Perssoa, and stated that she did not realize the female was under age. This sale is a violatioa of Sectioa 409.08 of the Saiut Yaul Legislative Code, as well as Mina. Stat. § 340A.503, and constitutes grounda for adverse action agaiast all the licenses for the premisea. If you do not dispute that the above incident took place, I will need a letter from you stating that you do not dispute the facts=. I will then have this matter 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. On the other hand, if you dispute the above facts, I will schedule Page 1 ` G �-1 �..k S an 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 wi11 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 administrative hearing, and you may be held responsible for the costs of the hearing if yan do not then appear and contest the facts. Flease call me or have your attorney call me at 266-8710 to discuss the matter. Very truly yours, � �J ��Q.xru.2n_ C �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 � Page 2 °�� `-��'7 STATE OF MINNESOTA ) 1 ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICS BY MAIy JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 16, 1996, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue St. Paul, MN. 55108 (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 16th day of December, 1996. ° 1 - 1—`-�`aS CITY OF SAINT PAI3L ar�x��nx�NTnr. �o�DVM DATE; 11-26-96 TO: Robert Kessler FROM: Kris Schweinler'��. RE:Liquor Stings � �� :w DEG �9 1996 . ; �� f�� " y On Nov. 25,1996 Sgt.POlyack,Sgt.wachael and Officer Chris Byrne and mysel£ conducted compliance checks at Amelia's Nite Club where we have received many complaints about their 18 and up nights. Qur decoy who I will refer to as E D was not allowed in she and officer Syrne were told that the club had discontinued tha� promotion. We then proceeded downstairs to O.J.'s Bar and Grill where the decoy and oPficer Byrne went in Officer Byrne went to the mens room and the ➢ecoy ordered two heers and was served_ The waitress r.ever asked £or ID officer Byrne returned to the table and the monitor was shut off which was our signal that a gurchase had been made. Sgt. Wachael id the waitress and S left my card and told them to have the owners contact me if they had any questions. I did receive a call £rom Patrick Duffy the manager for this establishment they are in trie process of applying for a new license and the council has not yet ap�roved it. This is a fixst £or them and we had not sent a warning letter. As you know this is the establishment ±hat Steve Roy needed police assistance to make an insgection on uncier the old management. We then proceeded to Campus/GOldies where we followed the same procedure again the decoy was served two beers. I had Sgt.POlyack take the decoy out o£ the area as Marty Bertzek was there and was upset that she had made a purchase. It should also be noted that this is the same decoy that was used the last time Campus was stung and the last time we did a compliance check where we were not sussessful Mr. Bertzek followed the decoy out of the establishment. Sgt Wachael again identi£ied the waitress that served and I e�cplained to Marty that he would be contacted by the City Attorney. Our last stop was Tiffiney"s where again Of£icer Byrne and the decoy went in and the decoy ordered two beers and was served without id's being asked for or obtained. You will be receiving regorts from Vice and Officer Byrne on the three establishments. I paid the decoy $30.90 for the nights work and $5.00 was given to her to purchase the beez. Total expenditures were $3�.00. Cc Ginger Palmer Christine Rozek Gasy Pechmamn P89e ` o � ` ST. PAUL POUCE DEPARTMENT GENERALREPORT Oay MonM Date Year Time: Squad: 7eam: rrs ��`"2�:�- �' ZZI,� '� S l.tl Ciass: L ation oi CaIL �ocalion of Crime Scene: �� t C C�' .�•r, `b•,� .� C-.�:,�� 7�sz..I cm..�� Otcutted �, At Q Beiween; �Z/ hrs. on /� � 9�c and hrs. on �, �� - Crime Lab GL Crime Lab Loc{ Property Room r O�r'7�'2. �+�l�t� y� R.�C tJRS PrSS � b v�� i t'� f� C) i t.c �t � A'f Th'�`�� .�i �- ��02�\� ZSS`1 Cow..� A�e _ ST. P�W\ YyA�. .�i� E�,�t+�wf�tc. ett�nc� � Sc� �F �� E.5`i ��SNw��NV �XJv�L� .�!! �}n1 +4�u��-cat�'L J�v�2�vG �ra Grv uNDc�zll�vc- 5T �a-.>� 4o�:c, `7�.�. �t��$t t� €1r.rD ^,7.�c i� �'•v� A. 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W R.iSRL- /�$ !�L �C2_ � -'rL.- T' i � � �y__.tRFS-__RI.�-. ?RC. ____.. __ S ,� cc.f� __.iZi,-�p��_.,t�_• _ - - -- - - -- - _ --- - ----- 1j n � N - Fj�.^ _ �Q..�AfLR11.tJ'�yL..'-''��___ .5�. �N'�} 1 W A S . EX J LN _.- 'Tb___S-C�S.__ l..e.WA!G.KR `_ _ _ _ _ '� �- S`�QG-'T�. PrFT�_ �e �C721�-� W�-�N V�ST'��'T4R._' �3�N�_ _ _ . . G L��2 � _.� _�CA.: i�t"17. (I.PCf _J�PcN�.�c`�� ttiTA.i�T 2.t��'JS�__.. "___' _" _ 1 .E71i ' �Yes No 4 . � EHF ❑ Hom ❑ Rob ❑ Juv Q Coord V ID ❑ Lab ' Rec �/ Team ❑ Sex ❑ Rptr ❑ Qther 0/G ❑ 6urg � TheH [] Prop Q CAU �'r&F Q Auto �� AO ❑ CQ ❑ HumServ _-v�rrz�- / ' 1 PM E27-92'n. lJ i �, I ! v.o. r a if—ZS— / ST. PAUL POLICE DEPARTMENT CONTINUATION OFc ❑ ORIGINAL REPORT �"��3Ffo to City Licensing T� �../ -u� y ITAL REPORT Squad 788 was assigned to a Vice detail at Campus Bar located at 2554 Como Ave. on the above date: I had Officer Cris Byrne go inside with an nnder aged feriiale' to attempt to have her s_en�ed an alcoho.lic beverage. He had arranged to provide a si�at to undercover officers to come into the bar to confront the person that sold the beverage. When the signal was given, I, aiong �c�ith Ms. Kris Schweinier of LIEP went inside and spoke to a waitress that Off: Byrne pointed out to me. I identified her as TIFFANYPERSSDIKof $67 Weeks Ave. SE Mpls. 55414 phone 371-1273. Ti#'fany said she didn't know that the female with Off. Byme was under age and was very remorsefu� �I z �, � �z-�� 00 { � � � N ' v ; � 'CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ 10 ❑ Lab YJ Ree ❑ Tearn ❑ Sex ❑ RpV ❑ pther L r c_ DIC � Surz} ❑ Theft � Prop 0 CAU ❑ F8� Q Auto ❑ DAO ❑ CA ❑ HumServ ( ) � Type `„/ f (� - PM 622-93F. � � _-..�;--- - ��l y`-t5 Lic ID...••• ............. 72567 STAT...•••••••........... AC Business Name............ CAMPUS SPORTS GRILL & NIGHTCLUB INC Doing Business As........ CAMPUS SPORTS GRILL & GOLDIES Address .................. 2554 COMO AVE Zip ...................... 55108 E� Date ................. 09/30/97 License Name ............. GAMBLING LOCATION {CLASS A) . ENTERTAINMENT-CLASS B . RESTAURANT (B)-MORE THAN 12 . SEATS . SUNDAY ON SALE LIQUOR . LIQ-ON SALE-OVER 200 SEATS-A NOTE AREA ................ 12880 . PH NOTICE SENT 8-15-94 SET 9-28-94 . 1�/21J94 ROHERT KNAUFF-EXHiTSBAND OF RENEE MONTPETI . 289 STH ST E#204 {223-8442)-CALLED TO ASK FOR . INFO ON MARTIN BERTZYK & FRANK GRULER-HE ASKED FOR . FRANK GRULER'S ADDRBSS. THIS INFO WAS GIVEN OVER . TAE PAQNE. . 1OJ26/94 PH ON APPN FOR NEW ON SALE LIQUOR-A, . SUNDAY ON SALE, RESTAURANT-B, AND ENTERTMNT-III Press <RETURN> to continue... Alt-Z FOR HELP° VT1Q2 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° LAID OVER INDEFINITELY (C.F. #94-1400) 12J21J94 PH ON APPN FQR NEW ON SALE LIQUOR(A), SUNDAY ON SALE LIQUOR, RESTATJRANT(B), AND ENTERTAINMENT-III APP'D C.F. #94-1400 1f26/95 REFUND FOR DIFFERENCE BETWEEN CLASS 4& CLASS 3 ENTERTAINMENT ($1165.00) ISSUED P.V. #V-330-6441. LICENSEE WAS MAILED HIS LICENSE INCLUDING TI3E CLASS 4 ENTERTAINMENT- HE HAD PREVIOUSLY WRITTEN REQUESTING IT BE CHANGED TO A CLASS 3. TAE LICENSE WAS CHANGED AND A CQRRECTED LICENSE WAS MAILED TO THE LICENSEE. 8/17/95 GAMBLING LOCATION LICE23SE CODE ADDED FROM I.D.#33083 PER LICENSEE--LAP-LIC lOf4/95 C.F. #95-1178 APP`D IMPQSING ADVERSE ACTION AGAINST LICENSES. FINE = ONE DAY SUSPEN- SION EFFECTIVE 1Oj22/95. 10/12/95 - SENT I30TICE OF ONE DAY LICENSE SUSPEN- SION PER CF #95-1178 - LAB 1995-RECEIVED 7o DISC ON LIQ FEE FOR PARTICIPATION IN ALCOHOL AWARENESS TRAINING PROGRAM--LAP-LIC 1/8/96 M. BERTZYK & F. GRULER HOME INFO GIVEN OVER ress <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 S71 ° LOG CLOSED ° PRINT OFF ° THE PHONE TO GENNY MACLEOD WJTHE MN DAILY NEWS-LAP 1/8j96 DBA CHANGED TO CAMPUS SPORTS GRILL & GOLDIES PER C.ROZEK & K.SCHWEINLER--LAP-LIC 4/11f96 HOME INFO GIVEN ON BOTH OFFICERS TO . DOROTHY OF JOHNSON BROS LIQUOR @ 649-5830-LAP-LIC . 8/14j96 C.F. #96-965 APP'D SUSPENDING ALL LICENSES . FOR ONE (1J DAY ON 9J4f96 FOR THE VIOLATION OF ."SALE OF ALCOHOLIC BEVERAGES TO AN UNDERAGE °�� t�-(S . PERSON" Bond Policy Number_..__._ Bond Company ............. Bond Effective Date._.... Bond Expiration Date.._._ Insurance Carrier........ LEXINGTON INS CO Ins. Policy Number....... 55358992355 Insurance Effective Date. �9/26j96 Ins. E�iration Date..... 09/30f97 . Associated Stock Holder.. MARTIN RICHARD BERTZYK . FRANK ROBERT GRULBR Dealer I3o ................ Tax Id ................... 1595000 Worker Comp Eap Date..... Press <RETURN> to continue... 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Presented By Council File # � \ ��S Green Sheet # ��\ �Q RESOLUTION CITY QF SAINT PAUL, MINNESOTA � Referred To " Committee: Date 1 Z 3 RESOLVED, that the Liquor On Sale (A), Sunday On Sale, Restaurant (B), Entertainment 4 (B}, and Gambling Locafion (A) licenses (License ID No. 72567) held by Campus Sports Crrill 5 & Nightclub, Inc. dlbla Campus Sports Grill & Goidies and located at 2554 Como Avenue in 6 Saint Paul is hereby suspended for a period of ten (10) days with nine (9) days stayed for a 7 period of eighteen (18) months on condition that the estabiishment ciose for one day and the 8 licensee pay a two-thousand dollar ($2,000.00) fine for the violations of "Sale of Alcoholic 9 Beverages to an Underage Person" and "Consumption of Alcahol by an Underage Person". The 10 remaining one (1) day suspension shall take place on � J�/- �'� 11 12 This Resolution and the action taken above aze based upon the facts contained in the Saint 13 Paul Police reports CN 97-013-997, CN 96-199-965, and CN 96-186-727, the facts of which are 14 sununarized in the Notice of Violation letters to the licensee dated February 14, 199�, January 15 28, 1997 and December 13, 199b, and such azguments as may have been presented to the Council 16 at the public hearing. The licensee does nat dispute the facts of the violations. 17 i$ 19 20 21 Requested by Department of: Adopted by Council: Date ~ c�3 ��°� Adoption Certified by Council Secretary ty : pproved by Mayor: Date 'Y'I 5 �; � \ By: t �i�l.t.��¢�' � d�-U�t�-.i Form Approved by City Attorney BY- '�� ,�5 L�..�� 8�g��oved by Mayor for Submission to Council By: Q�ce of LIEF Christine Rozek, 266-9108 io� i�� GREEN SHEET INITIAVDATE— � OEPARTMENTOIRECTOR � C(iYATSORNEY FOR � �UOGE7 DIREG70R � � MAYOft (OR A$$1$TANT) TOTAL # Of SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) 4a�� t �tic5 INRIAVOAiE - � CITY CAUNpL � CrtY CIEFK � FIN, S MGT. SEFiVIC DIR. � Concerning licenses held by Campus Sports Grill and Nightclub, Inc., DBA Camgus Sports Grill and Goldies, located at 2554 Como Avenue. (LTncontested) O� Rqett (qj _ P(ANNINGCOMMISSIQN __ pViLSEqVICE ___ CIB GJMM(TTEE __ _ STAFF __ _ �ISTRICT COURT _ SUPPORTS WHICH CqUNCIL Q&IECTNE? whan, PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWINCa QUESTIONS: 7. Has th7s personttittn ever wwked under e contract for t�is department? YES NO 2. Has this person�rm ever 6een a city employee? YES NO 3. Does this person/f�rm possess a skill not normally possessed by airy current cMy employee? YES NO Explafn all yas anawers on separate sheef antl attach to green shaet 6�r�i+£�uzk '.��'.',.,.....,. '�.�-',;,� F1.'El .L v� iJJI IF NOT APPROVEO. AMOUNTOFTRANSACTION $ COSi7REYENUE BUDGETEp {CIRCLE ONE� YES NO G SQURCE ACTIVITY NUMBER L INFORM"ATION: (EXPLAIN) �� ti�� UNCONTESTED LICENSE HEARING Licensee Name: Campus Sports Gritl � Nightctub, Inc. d/bla Campus Sports Grill & Goldies Address: 2554 Como Avenue Council Hearing Date: Aprii 23, 1997 Violations (3): November 25, '1996 December 21, 1996 January 29, 1997 Consumption of Alcohol by an Underage Person Sale of A{cohol to an Underage Persan Minn. Stat. § 304A.503 (1994} St. Paul Legisiative Code § 409.08 Piace: Licensed Premises Recommendation of Assistant City Attorney on behatf of client, Office of License, tnspections and Environmental Protection: Ten {10) days suspension with nine (9) of those days stayed, in addition to a $2,000.00 fine Atkachments: 1. Proposed resolution 2. Summary letter dated 3/28/97 3. Foilow-up letter dated 31fi197 4. Notice of Violation dated 2i14/97 5. Compliance Report dated 1130197 �1 �t�rs 6. Police Report GN 97-013-997 7. Notice of Violation dated 1/28l97 8. Police Report CN 96-199-965 9. Notice of Violation dated 12/13/96 10, Comp(iance Report dated 11l26l96 '11. Police Report CN 96-186-727 12. License information 13. City Attorney License Adverse Action Summary OFFICE OF Tf� CITY ATTORNEY Peg BirIG City Atromey °�-1'�'\�5 CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 City H¢!1 IS West Kel7aggBlvd Saint Pau; M'mnesom 55102 Ze%phone: 612 266-8�10 Facrimile: 6I2 298-5679 Agril 8, 1997 NOTICE OF COIINCIL HEARING Timothy R. Geck Attorney at Law Birch Lake Professional Building 1310 East highway 96 White Bear Lake, Minnesota 55110 S. Mark Vaught Attorney at Law Suite 700 Six West Fifth Street Saint Paul, Minnesota 55102 RE: Licenses held by Campus Sports Grill & Nightclub, Inc. d/bja Campus Sports Grill & Goldies for the premises located at 2554 Como Avenue in St. Pau1 License ID No. 72567 Our File Number: G96-0632 Gentlemen: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, April 23, 1997 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 con'sideration. This is an uncontested hearing, in that the facts contained in the reports concerning the three separate violations of the liquor laws have not been disputed. 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. As previously discussed, the recommendation of the license o££ice will be for a ten (10) day suspension of the licenses with nine of those days suspended for a period of eighteen (18? months, on conditions that the establishment close for one day and the licensee pay a $2,OOQ.QO fine. q�--�� 5 If you have any questions, please call me at 266-8710. Very truly yours, L /�.�c�,�1 ��--�-u..z f Virginia D. Pa1mer Assistant City Attorney cc: I3ancy Anderson, Assistant Council Secretary - Robert Kessler, Director, LIEP Christine Rozek, LIEF Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 -�, OFFICf �^ THE CITY ATTORNEy Peg Bi�k Ciry Arto>ney `�� V l — !J CITY OF SAINT PAUL herm Colenwn, Mayor March 28, 1997 Timothy R. Geck Attorney at Law Birch Lake Professional Bldg. 1310 East Highway :5 White Bear Lake, i�T 55110 S. Mark Vaught Attorney at Law Suite 7oQ Six West Fifth Street Saint Paul, MN 55102 RE: All Licenses held d/b/a Campus Sports at 2554 Como Avenue License ID #: 72567 Dear Gentlemen: by Campus Sports Grill & Goldies, in Saint Faul Cn•il Dnision 400 Ciry Hall Telephane; 6II ?66-Si10 IS West Kettogg Blvd Facsimik; 612 248-5619 5aint Paul, MLu�esom 55701 Grill & Nightclub, Inc. for the premises located This letter will confirm our conversations of Wednesday, March 26, 1997 during a meeting with licensing staff, and separate telephone conversations with Mr. Vaught on March 27, 1997 and Mr. Geck on March 28, 1997, all regarding the pending adverse action against the above-referenced licenses. Since December 13, 1996, three separate Notice Of Violation letters have been sent to the present licenseholder at Campus Sports Grill & Nightclub, detailing three violations of the liquor laws occurring on the licensed premises. The dates of the violations were November 25, 1996, December 21, 1996 and January 29, 1997. Mr. Geck represents the current owners and licensees, Martin Bertzyk and Frank Gruler, who are selling the business to Daniel Bussey, represented by Mr. Vaught. Mr. Bussey is currently managing the licer_sed establishment, and was at the time of the January 29, 1997 violation, but under the terms of the Saint Paul Legislative Code and the management agreement submitted to the Office of License, Inspectic�s and Environmental Protection, the current licensees retain resbonsibility for violations on the � -� Q, �-l�-t S Campus Letter March 28, 1997 Page 2 premises. Mr. Bussey has applied for a license unfler his own name. The recommendation of the LIEP office for a penalty for these violations will be a suspension of ten (10} da}�s, nine of the days .to be suspended for a period of eighteen (18) months, on conditions that the establish�:ent close for one day and the licensee pay a $2,000 fine. The rationale for this recommendation is that, for the current licenseholders, this would be a second offense on the penalty matrix, with multiple violations. The matrix calls for a six day suspension but alloks the Council to deviate�upwards for the multiple violations. Because the business is being sold, the closure would imoGct the r_ew licensee rather than the current licensee. Therefore, the payment of the $2,000 fine appropriately punishes the existiag licenseholders, and the suspended nine days is protection £or �:e City in the event that they take possession back from the new managem=nt for any reason. The one day suspension does fGll on tne new license applicant, but is appropriate since �� was managing the business at the time. I explained to both of you that it is my interpretation that this is a penalty against the current licenseholder, and that the suspension does not have the effect of transferring to the new license, if issued. Thus, Mr. Bussey would start out with a clean slate and if there are future violations while he is a licenseholder, they would not trigger service of a suspensian of the license for those nine days. However, if for any reason Messrs. Bertzyk and/or Gruler take over the business again within that eighteen month oeriod, they would be subject to that suspended time in the event of a violation. In my telephone conversation of this morning with Mr. Geck, he indicated that his clients were prepared to admit the violations and have the matter scheduled before the Saint Paul City Council for a hearing. It will be scheduled as an uncontested matter but the licensees or their attorney can speak to the penalty, and the new license applicant may be heard as well. Finally, I attempted to be very clear in both the meeting and my telephone conversations that the proposal outlined above is only a recommendation ard that the Council has the final authority to determine the appropriate penalty. This recommendation takes into account that the business is being sold anci that it would be unfair for the entire brunt of enforcement to fall on the new applicant, but also recognized that he was managing the premises during one of the violations. Additionally, it is based on a similar situation with another licensed liquor estalalishment, Peppercorn`s, .and reflects the action taken by City Council in that situation. If anyone feels that there are inaccuracies or � Campus Letter March 28, 1997 Page 3 misrepresentations in any oi the above, please contact me. Based on the telephone conversation with Mr. Geck this morning, we will schedule this matter for City Council for hearing and send notice of the time and date of the hearing to both of you. Sincerely, �� '�� Varginia D. Palmer Assistant City Attcrney cc: Robert Kessler, Directcr of LIEP Christine Ro2e's, Deputy Director of LIEP Kris Schweinler, Licen=_� Inspector CITY OF SAINT PAUL Xorm Cokmart, Mayor March 6, 1997 Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Gri11 2554 Como Avenue Saint Paul, MN SS1D6 OFFIC'' THE CITY ATTORNEY Peg B'v1, ry Arrorney c \� �-t�� Civil Division 400 Ciry Hall I S Wut Kello� Blvd Saint Pau; Minnesom 55102 Telephone: 61Z 266$710 facsimik: 61219&5619 RE: A11 licenses held by Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill & Goldie's for the premises at 2554 Como Avenue in Saint Paul License ID #: 72567 Dear Sirs: By letter dated December 13, 1996 you were notified of a violation of sale of alcohol to an underage person occurring on the above-referenced licensed premises on November 25, 1996. By letter dated January 28, 1997 you were notified of a December 21, 1995 violation of consumption of alcohol by underage persons on the licensed premises. By letter dated February i4, 1997 you were notified of a January 29, 1997 violation of sale of alcohol to underage persons on the licensed premises. Each of these letters requested a written response from you. Because I have not received any written statement from you that you contest the facts aileged in the letters, I am scheduling all three violations for a hearing in front of the Saint Paul City Council for a determination of the appropriate penalty. You will receive a notice teiling you the time and date of that hearing. If you have any questions regarding this letter, you may contact me at 266-8710. Sincerely, �� ✓ � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Timothy Geck, P.ttorney `or licensees, 1320 East Highway 96, White Bear Lake, NLN 55110 QFFIC"�F THE CITY ATTORNEy CITY OF SAINT PAUL horm Coleman, Mayo� Cn•il Divisian 400 Ciry Hatt IS West Kellogg BPod Saln7 Pau� �rmesom 55102 p `t `"\ Telephone: 6J21 b6-871 D Facsimile: 612198-5619 February 14, 1997 NOTIC� OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Faul, MN 55_G6 RE: All Licenses reld by Ca-pus Sports Gri11 and Nightclub, Inc., d/b/a Campus Snorts Gr?11 and Goldie's License ID �: 72567 Dear Sirs: The Director of the Of:ice of License, Inspections and Environmental Protection will recommend that adverse action be taken against your licenses based on the following information: On January 29, 1997, a Saint Paul Police Officer and a licensing inspector from the Saint Paul Office of License, Inspeetions and Environmental Protection were present in the licensed premises at approximately 9:55 g.m, with two underage decoys. One of the decoys presented ID showing that she was 20 years of age but was given a bracelet indicating that she was 21 and was able to purchase alcohol. The other deeoy was sent to a separate door and her hand was stamped "NO", indicating that she was not able to purehase or consume alcohol. Ten minutes after both entered they returned to the entry to Goldie's carrying bottles of Lite Beer. The decoy whose hand wae stamped "210" indicated that she purchased the two beers from a bartender. The bartender stated that she was distracted by a fight at the time she sold the beer to the underage decay. If you do nat dispute that �he above facts, please send me a letter so that the matter can be sc:eduled be£ore tr,e City Council for a . �--� �us hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. If you believe that the facts stated ahove are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the administrative law judge. Please� let me know in .writi�:g no later than Monday, February 24, 1997 how you wish to proce2d. If you have any questions about these options, feel iree to contact me at 266-8710. Sincerely, l �� Virginia D. Palmer Assistant City Attcrney cc: Robert Kessler, �irecto= of LIEP Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1055 Nortn Dale Street, Saint Paul, 55117 Timothy Geck, Attorney ior licensee, 1310 East Highway 96, White Bear Lake, 55110 c\ STATE OF MINNESOTA ) ss. AFBIDAVIT OB SSRVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 14, 1997, she served the attached NOTICE 'OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr_ Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �\ Subscribed and sworn to before me this 14th day of February, 1997. � � ,�L . ��Y12 � � Notary Public ■ • � Ri'FA �A. ECEr "DD � raorsPVr _� . �oTa � RR: :E - ! CG'�.. i Y `� navcoR:, e:,c�s.en a,.a000 • • S�IxY fAl:l, A� CITY OF SAINT PAUL INTERDEPARTMENTAL Iv1EIvIORANDUM DATE: 1-30-97 TO:Robert Kessler FROM:KriS SChweinZer.��' ,. Rfi:Liquor Compliance Checks �� On 1-29-97 Sgt. 2]rrone Strickland, and I along with two underage female decoys ,conducted a compliance check at CampusJ Goldies at 2554 Como Ave. Sgt. Strickland positioned himsel£ so as to see the ID procedure at the entrance o£ Goldies inside to bar. The decoys were instruct to come in through Campus and walk past Sgt. Strickland. They were asked for id at this entrance and were askefl to check their coats. T"ney both presented their id to the male checking id's. St ehould be noted that Sgt. Strickland did photocopy the id's that the females used which in8icates their trse age and identity. Those will be presented in his report to you. The male checking the id look at the 20 year old id and put a wrist band on her that indicated that she was old enough to drink. The other decoy was told to go through the bar to the back door and get her hand stamped,which she did. They then went to the hack bar in the Goldies area and the decoy with the hand stamp ordered and paid for the two bottles af beer. 27!ey then came back to where Sgt. Strickland were waiting by the pool tables at the entrance o£ Goldies. They gave us the beer,got their coats and I escorted them back to the car. I came back to assist Sgt_ Strickland in identifying the bartender. We also spoke with the applicant £or the new license Mr. Busses. He tried to e�cglain that he was in the proce�s of getting rid of the old staff and what his procedures were £or controlling the mixed crowd. I explained that they would be noti£ied by us and the City a[torney as to how we would be handling this incident. We then le£t the establishment taking the beer with us. Sgt. Strickland poured to beer out in the parking lot. The decoys were paid 515.00 each and the cast of the beer was $5.10 and $2.00 for a coat check Pee. An interesting note when we took the decoys home they told us they were not required to gay the cover charge of $4.00 to get in like everyane else. CC Christine Rozek Ginger Palmer Paya � of � �� Occurced Q At Q Behveen: ST. PAUL PQLICE DEPARTMENT GENERAL REPORT te: SGuad: Team: `�Li l � Locatioq of Crime S ne: o A�t� ZS'S � �,,� hrs. on and hrs. on Address: 1 j/ )%) � i %Tt^ S��Gr 'S F1¢COtds Crime lab � 1 Proper;y Rocm SQ.791(STRICKLAND)SS ASSIGN =0 THE VICE UNST OF THE ST.PAUL POLICE DEPT.THE U?�TiT HAS REC�SVED COMPLAINTS ABOUT PERSONS UNDER TW8I3TY-pNE(21)YOA, 3UYSNG ALCOHOL ON WENDESDAYS 18-21 NIGHTS AT GpLDIE'$ AT 2554 CCi✓0 AVE. ON 1-29-30 I ASSIST�D CHRIS SCiIWEINELER OF THE ST.PAUL CITY LICENSES DEPT WZTH A DETAIL �1 GOLBIE=S-B&R--AT-2554-COMO AVE. I MET WITA SCHWESNL�R AT ST.?AUL POLTCr� AQ.I TOOK PHOTO'S OF TWO UNDERCOVERS AS THEY�tdER� TO AFPEAR THIS NIGHT FOR THE DETAIL AT GOLDIE`S.I ALSO PN_OTO-COPIED THERE PICTURE IDENTIFICATION AND THEN RETURWED THEM ^_O THE TTvO UNDERCOVERS. AT APPROX. 2155HRS I ENTERED THE CAMPUS BAR WHICH IS ALSO ` ATTACHED THE_GOLDIE'S.I THEN WENT AND STOOD BY THE ENTRY TO GOLDIE'S.APPROX. FIVE(5} MINliTES LATER I SAW THE TWO fTNDERCOVERS __ ENTER THE_CAMPUS'S BAR AND WPZK THUR TO G4LDIE'S.I TAEN SAW AS THEY BOTH WERE ID UC. #1 WFiO ID SHQWED TAE AGE OF 20 YOA,WAS GIVEN A GOLD BAND TEAT WAS T3IED AROUND HEI� RIGH'L WRIST,WHICH ._ _ INDICATED THAT THE UC WAS 21 YOA I-vND ABLE TO BUY ALCOHOL.UC, --'-- #2.ID WAS CHECKED AND THE UC WAS SENT TO ANOTHER ENTRY-DOOR TO BE_ STAMPED TO ZNDICATED THAT UC �2 WAS UNDER THE AGE OF 21YOA AND r};' ALLOWED TO BUY ALCOHOL. - APPROX. i0 MINUTES AFTER ENTSRING GOLDIE'S BOTA UC`S RETURNED TO TFiE ENTRY TO GOLDIE'S,WfiERE WE WERE LOCATED.THEY BOTH WERE HOLDING A BOT'TLE OF LITE BEEi, WHICH THEY TtTRY�FED OVER CARIS AND ME.I THE23 SAW THAT UC #2 H�T77 THE WORD "NO" STAMPED IN BLACK ON THE UC HANDS,WHICH INDICATED NO ALCOAOL.UC #2 STATED THAT UC #2 PURCHASED THE TWO $EERS FROM THE W/F THAT WAS WORKING THE BACK BAR,THE BARTENDER WAS DESCRIBSD AS WjF ,BLOND FiAIR,LONG IN THE FRONT,THE ONLY FEMALE WORKING THAT BAR. sting 0 ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ 6urg Q Thett [] Prop � CAU � F&F Q Auto � -�? � ;<� � -- - _�`s'��..�.c'' ....._. , r+ � ~ � � . �� fS'' .�;`✓; �� No.: Re rting pfficer. Emp. No : �G-�' . 5' 3. No.: O.T� TypisC R. .: Code: Name Entry; - �Yes ("] No . Rec � Team ❑ Sex ❑ RpU_"�� Other ��t � f �? CAO (� CO ❑ WumSen PM 62t-92R L, c_ �� v. _ � P! EMENTAL flEPC ST. PAUL POLICE DF,PARTMENT TINUATlON OF: ❑ OR161NAL F �� ti� � MENTAI AEPORT WE (STRICKLANDfSCkivhINELER} THEN WENT IbT TO TALK THSS BPI2TENDER.AS WE WR? �ED TARII ?'?�E BAR WE SAW NUMEROUS PEOPLE WITH TAE W0:4D"NO" STANir_-D ON THER� F.P_NDS,BUT DRINKING ALCOHOL OR BBER. P_T THE BACK SAR WE :OUN� TH� Wjr WHO ID AER SELr AS A ?2IGGINS,SHEILA, 7550 CLOMANIdAY �3,I.G.H.,MN.H#451-5915,W#646- 1339.SHSILA rIRST 5'T'ATBD 1F�^1 THERE WAS NO WAY SHE SOLD TO SONEONL UDIDBR AGE.v�3 THEN TOI,D HER WHAT HAD•HAPPEN AND WHEN .SH�I� TN_EN STATED THAT SH� REMEMBEREt� THE UC BECAUSE OF THE PANTS THE UC WAS W�?�ING.SN�ILA STATED THAT THEIR WAS A FIGHT AND THA^1 W�S THE TINE T_:A1 THE BE�R WAS 90LD TO UC #2_SHEILA STATED THAT SkE WAS PAYSNG ATTENTION TO THE FIGHT WHEN SHE SOLD THE BEER. WE TfiEN INFORMED Tr3 MANAGER A BUSSE,DAN, 762 W. CALIFORNIA, S1^.PAUL,WTM646-1339, H� 642-8894,ABOUT WHAT HAD F-IAPPENBD.WE THEN LErT GOLDIB`S AND E'�TERED CAMPtTS'S BAR CARRYING THE TWO BEER3 AND WALKED THRU CAMPUS'S AND OU1 TNE DOOR WITH THE SEERS AND WE WEREN`T STOPPED QR CHECKED CFStRYING THE BEER'S OUTSIDE TAE BAR. THE TWO LITE BEaR BOTTLES WE3E TAKEN TO AQ, PHOTOGRAPHED THEN THROWN AWAY. A Z � � 1 c � � � � � _ I �Yes � No I I I � I iF ❑ Hom ❑ Rob ❑ Jw ❑ Coortl Q 1D ❑ Lab ❑ Ree ❑ Team ❑ Sez ❑ Rptt ❑ pther %❑ Bury Q Theft Q Prop Q CAU ❑ F&F Q Auto ❑ DAO ❑ CO ❑ NumServ � Type PM 622-93R " -- OFFICE oF 7'HE CITY ATTORNEY Tmothy L� : irz, Ciy Attomey �� CIT'i� OF SAINT PAUL T'arm Colemmt, MQyor Civil Division 400 Ciry Ha!! IS R'est K¢ltogg Blvd Sa'mr Paul, hfmnesata 35102 Tetephone: 672 266-8i70 FacslmiZe: 611 Z98-5679 January 28, 1997 NOTIC3 OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN 55108 RE: All Licenses held by Ca-pus Sports Grill & Nightclub, Inc., dfb/a Campus Snorts Gr_11 & Goldies Dear Mr. Gruler and Mr. 3ertzyk: The Director o£ the 0�=ice of License, Environmental Protection will recommend that taken against your licenses for the following Inspections attd adverse action be reason: On December 21, 1995, a licensing inspector and a Saint Paul Police Officer were present in the licensed premises at about 11:30 p.m. and observed an intoxicated 20-year old female, a 19 year old female drinking a beer, and another 19 year old female who }zad been drinking tequila. They were present when a waitress approached the table aad offered to sell shats of liquor to a table of people, including the two 19-year old females mentioned above. This was documented in Saint Paul Police report #96-199-965. If you do not dispute the abcve facts, please send a letter statir�g that you are not disnuting t^= facts and that the matter can be set before the Saint ?�ul City Council for a determination of the appropriate penalty. If you do wish to dispute the facts, you can have the matter set before a� administrative law judge for a fact- finding hearing. I£ you do wish to have th= matter heard in front of the City Council, this matter can be sc?�eduled along with the violation from November 25, 1956, if you N?sh to send a letter admitting tha� �.� �� violation as well. Pursuant to Saint Paul Legislative Code §409.26, they would be handled together as a multiple violation, which is a grounds for departure from the presumptive penalties for each violation. I£ you have any ouestions, you may ca11 me or have your attorney ca11 me to discuss the matter in more detail. Sincerely, Ij� �6KKt �� :4t" � Virginis D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr of LIEP Christine Roze'.�c, Deputy Director of LIEP Abby Stuck, Conmunity Crganizer, St. Anthony Park Community Council, 890 Cromwell Avenue, St. Paul, 55114 Michael Celello, Timothy R. Geck & Assoc., Attorney for Licensee, 1310 East Highway 96, White Bear Lake, 55110 , � �` STATE OF MINNESOTA } ) ss. COUN'PY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G, CLENENTS, being first duly sworn, deposes and says that on January 29, 1997, she served the�attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, MN. 55108 (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 29th da� of Ja��ary, 1997. .w.,,.��,.,. , � K%,TN?''•'N J. ".� t� ��.,..'`: �:uT, "rL'EJ;,'I; ".:.5;,:;ri a:�,JSEV r,ouvrr Ny Comm. E<pires dan, 31, 2CUC • � ST.PAULPOUCEDEPARTMENT ,t��y=�kt{y # Page _„�_otT_ GENERAL REPORT q-� uy � �° �� .� Occutted �Q At (J Betweem. � hrs, on ComplainanYS Name (lazt, nrst. Middle): 5��•,� '?�� 7 ?�_ Articles ewvered: N/,a hro.on -L �G , r. Hecortls LJ Grime lab locker Crime Lab � Property Room NARRATtYE Arrest Number tast Nama First Middie Address DOB Ag= Sex Race On 12-21-96 myself aloag with Schweinler from L.I.E.P. conducted following liquor establishments; P Parisios Bar and Camnusl�o�diPC_Ha sgt. Wachal and Kris premise checks at the , Peppercorns Bar, � premise c�ecks we routinely look for violations of liquor laws to include minor consumption of alcohol� providing alcohol to obviously irtoxicaCed persons and adherence to closing hours as well as other violations. On 12-21-96 at approximately 23:30 hours we checked Goldies and Campus bar. While inside of Goldies I confronted a 20 yr ald female. This female appeared to be intoxicated but denied drinking an�r alcohol. This same female did not have a drivers license or identification card in her nossession. She stated a girlfriend else where in the bar had her ID. We were unable to locate this female due to the extremely large crowc2 of people. I advised this party in the future to maintain possession of her ID while in the bar. I also observed a group of people seated at a table which included two males and three females. A11 of these parties appeared to be under 21 so we ID them. One of the males identified as MC MAfIAN, LIONEL JOHN 22YR5 OF 2202 92 ND AVE EYOTA, MN. 55934 PHONE (507) 545-2503 had three open bottles of beer sitting in front of him. All three o£ the bottles contained beer and he__claimed__to_have been drinking from all three. Sitting next to Lionel was a female party identified as MEIME22S DEBORAH SU_ SAN D_Q R i�-14=72_(19yrs� from RT 1 BX-1QQ ats a.fl , . T�923 Phone (507) 254-7816. Susan had one of the bottles of beer belonging--ta-�io�l--sitting directly in-front o� hsr. I asked if she had been drinking and Deborah stated she had taken a few drikcks o€—b-ione}s-bee�: Lionel denied observing her c3rtnk--€rom :-- his beer bottle but could not satisfactory account for the three bottles of beer: - W. 1 �riF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID 0 Lab � D(C � Bur9 [] Thett [] Prop Q CAU ❑ F&F Q Auta No.: Reporting Officer. J ` "" c7 �t.� o.: O.T.: Typist: (�Yes 0 No Rec ❑ Team [] Sex ❑ Rptr DAO ❑ CO ❑ HumServ S5 // Code: �. r Other� i �- E �-�,..1 � f 0 _ � � � � U , No.: PM fi27 A2R � '� � °� � �T. PAUI POLIC ' SUPFLEMENTAL REPORT LvJ COhTINUATfON OF: Date & Time ot Repert: Offense!lneident %,�' ��"f t 3:�£YJ TivF.� 1 � �.-� �us SUPPLEMENTAL REPOR7 Sitting at this same table was a female who appeared to be passed out. This party was seated next to Deborah with her head resting on the table. I identified this party as a MOORE, SARA ANN D.O.B. 7-26-77 {19 yrs) of 3553 eight and one ha s r t�ocTiester, MN. 55401. I ask=d Sara what was wrong and she stated her•stomach hurt. S asked if she had been drinking ancl she replied just a couole. I as{ed what she had drank and she stated she had a couple shots of tequila. Later when I again questioned Sara as to what she had been drinking she changed her story and stated she drank the tequila while at a friends house a few hours before they got to the bar. While questioning Sara a waitress came to the table and asked Sara as well as the others seated at the table if they would lik� to buy a shot. This waitress was carrying with her an assortment o£ prepared shots of liquor in what resembled a test tube. I advised the waitress that these individuals were under 21 and she walked away. It should be noted that both Sara and Deborah had black x`s on their hands indicating tney were under 21 years o£ age. I contacted a bouncer and had the minors removed from the bar. If not for our presence I believe the waitress would have sesved the minors additional alcoho2. it should be noted the bar was filled to capacity. Most of the occupants were standing shoulder to shoulder in a large crowd. There appeared to be a large segment of the crowd ranging in the 18-21 year age bracket. Approximately 4 young females were dancing on top of large stereo speakers_and tables which appeared to be a hazardous situation. On the way out of the bar I saw the owner Marty Bertzyk. I explained to Marty what we had found during our premise c ec of the bar. I felt it important that he be appraised of the situation especially taking in to consideration the extremely large crowd of people in the bar. When I spoke with Marty in regards to the minors drinking alcahol he stated he did nat believe it was his responsibility if a minor drinks alcohol as long as his employees do not serve the minor. I corrected him and stated he was responsible for any alcohol consumed my a minor while in his establishment. Marty became hostile stating if he did not have teen night he would not be able to financially survive. Marty stated it was unrealistic to hold him accountable for a minors drinking alcohol in his establishment if,served by a customer and not one of his employees. Marty, stated we were just trying to put him out of business and stated ha di.d not care stating he recently sold his business at Goldies and will be out of the business soon anyway. Marty stated he does own other bars. Marty expressed concern about his inability to communicate with the City Council over � l lOY�0�1 I I ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab ❑ Aec ❑ Team ❑ S9x ❑ RPV ❑ Other ❑ 0/C Q Buy ❑ Theft Q Prop Q CAU ❑ F8F � Auto ❑ 4A0 ❑ CO ❑ HumSer/ � T� � z '� � �. � ^�O , �� PM 622•93R CITY OF SAINT PAUL A'orm Cokman, Mayor December 13, 1996 OFFICE OF THE CITY ATTORNEY r�,orrry s �"�. c;yAno� �� S Civi1 Divisian 400 C,ry Nat1 IS West Ketlogg Blvd Sans[ Pau{ Mmnesom 55102 Tilephone: 61I 266-&710 Facrnrsile: 6T2 29&5619 NOTICB OF VIOLATION Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, Minnesota 55108 Re: Al1 Licenses held by Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill & Goldies for the premises located at 2554 Como Avenue in St. Paul License ID No.: 72567 Dear Mr. Gruler and Mr. Bertzyk: The Director Environmental taken against that: of the Office of License, Inspections and Protection will recommend that adverse action be your licenses. The basis for the adverse action is On November 25, 1996, a Saint Paul police officer entered the bar with aa eighteen year old female. They sat down and when the waitress approached, the officer vrent to use the bathroom. The female ordered a Miller Genuiae Draft and a Miller Lite. The waitress brought two mugs cf beer, which the 16-year old paid for without any ID being requested. The waitress was later identified as Tiffaay Perssoa, and stated that she did not realize the female was under age. This sale is a violatioa of Sectioa 409.08 of the Saiut Yaul Legislative Code, as well as Mina. Stat. § 340A.503, and constitutes grounda for adverse action agaiast all the licenses for the premisea. If you do not dispute that the above incident took place, I will need a letter from you stating that you do not dispute the facts=. I will then have this matter 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. On the other hand, if you dispute the above facts, I will schedule Page 1 ` G �-1 �..k S an 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 wi11 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 administrative hearing, and you may be held responsible for the costs of the hearing if yan do not then appear and contest the facts. Flease call me or have your attorney call me at 266-8710 to discuss the matter. Very truly yours, � �J ��Q.xru.2n_ C �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 � Page 2 °�� `-��'7 STATE OF MINNESOTA ) 1 ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICS BY MAIy JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 16, 1996, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue St. Paul, MN. 55108 (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 16th day of December, 1996. ° 1 - 1—`-�`aS CITY OF SAINT PAI3L ar�x��nx�NTnr. �o�DVM DATE; 11-26-96 TO: Robert Kessler FROM: Kris Schweinler'��. RE:Liquor Stings � �� :w DEG �9 1996 . ; �� f�� " y On Nov. 25,1996 Sgt.POlyack,Sgt.wachael and Officer Chris Byrne and mysel£ conducted compliance checks at Amelia's Nite Club where we have received many complaints about their 18 and up nights. Qur decoy who I will refer to as E D was not allowed in she and officer Syrne were told that the club had discontinued tha� promotion. We then proceeded downstairs to O.J.'s Bar and Grill where the decoy and oPficer Byrne went in Officer Byrne went to the mens room and the ➢ecoy ordered two heers and was served_ The waitress r.ever asked £or ID officer Byrne returned to the table and the monitor was shut off which was our signal that a gurchase had been made. Sgt. Wachael id the waitress and S left my card and told them to have the owners contact me if they had any questions. I did receive a call £rom Patrick Duffy the manager for this establishment they are in trie process of applying for a new license and the council has not yet ap�roved it. This is a fixst £or them and we had not sent a warning letter. As you know this is the establishment ±hat Steve Roy needed police assistance to make an insgection on uncier the old management. We then proceeded to Campus/GOldies where we followed the same procedure again the decoy was served two beers. I had Sgt.POlyack take the decoy out o£ the area as Marty Bertzek was there and was upset that she had made a purchase. It should also be noted that this is the same decoy that was used the last time Campus was stung and the last time we did a compliance check where we were not sussessful Mr. Bertzek followed the decoy out of the establishment. Sgt Wachael again identi£ied the waitress that served and I e�cplained to Marty that he would be contacted by the City Attorney. Our last stop was Tiffiney"s where again Of£icer Byrne and the decoy went in and the decoy ordered two beers and was served without id's being asked for or obtained. You will be receiving regorts from Vice and Officer Byrne on the three establishments. I paid the decoy $30.90 for the nights work and $5.00 was given to her to purchase the beez. Total expenditures were $3�.00. Cc Ginger Palmer Christine Rozek Gasy Pechmamn P89e ` o � ` ST. PAUL POUCE DEPARTMENT GENERALREPORT Oay MonM Date Year Time: Squad: 7eam: rrs ��`"2�:�- �' ZZI,� '� S l.tl Ciass: L ation oi CaIL �ocalion of Crime Scene: �� t C C�' .�•r, `b•,� .� C-.�:,�� 7�sz..I cm..�� Otcutted �, At Q Beiween; �Z/ hrs. on /� � 9�c and hrs. on �, �� - Crime Lab GL Crime Lab Loc{ Property Room r O�r'7�'2. �+�l�t� y� R.�C tJRS PrSS � b v�� i t'� f� C) i t.c �t � A'f Th'�`�� .�i �- ��02�\� ZSS`1 Cow..� A�e _ ST. P�W\ YyA�. .�i� E�,�t+�wf�tc. ett�nc� � Sc� �F �� E.5`i ��SNw��NV �XJv�L� .�!! �}n1 +4�u��-cat�'L J�v�2�vG �ra Grv uNDc�zll�vc- 5T �a-.>� 4o�:c, `7�.�. �t��$t t� €1r.rD ^,7.�c i� �'•v� A. SAS- C�a�..�nJ ;av- A ` �o �tl�A�+--.-'ru�`�_. �s ou2 c�A�-rtt �Q�oRc.�c�..p -S 4,a�". v�i 'TO u.s� -7r�� , r Nt c�a-��-rz.�s As ic�� 7ur`-"�� ;� St-1t __CbV\� G-tT l)S._SDw.�c'r'v��i�-�.s-�cw.. �Atc: l �R+2.. ._rN_-t YcG.cy�.� �� !�a �( � ., .,,.�,-/ m 2'� �.+.�:-',.�'�:°�''1?v c�'" �i �C,c" i_� q _ . _.__. . _ . _ _ �: - .- _ . _ ,. - ... - . _..M.,,y. - - - - - - - - � y r __T�'' _1�+�95G_' ' � '— .I�T�"�'W� IMG. �� -� �� ~l•ZC WA.iT�.t.-1S T1 a �'`�.� r�'a�._ �:�°: �.a;i,._" ^S;z �C�: Jr'�'o.�, �; �-+.. i•� -rx` `�,�Ac� Gc`x-�7U,-.G � W Fr r.� t '�� W A� YtZ.� s5 `�rz`� �`�ck� "'r'�i. t's*�o.. �.SC� oF �c -�t+T� cc� �a ��--TI�t6'- LvR�i rfLt3S A�+� - l Kt°- W!ri`i-2.� S_ c� t - z \ 4W��.1�__LD+..1___.�!_SS�� - �ic`4� . t�'tTL^alc .f - ------ - - -- - 'n(� .,...a.., .,µ..._..__ o c �� J� �ltT - tS-- ��_..'�S-1LL—�-�--- � - ,� L.�r - ., i R C : . W R.iSRL- /�$ !�L �C2_ � -'rL.- T' i � � �y__.tRFS-__RI.�-. ?RC. ____.. __ S ,� cc.f� __.iZi,-�p��_.,t�_• _ - - -- - - -- - _ --- - ----- 1j n � N - Fj�.^ _ �Q..�AfLR11.tJ'�yL..'-''��___ .5�. �N'�} 1 W A S . EX J LN _.- 'Tb___S-C�S.__ l..e.WA!G.KR `_ _ _ _ _ '� �- S`�QG-'T�. PrFT�_ �e �C721�-� W�-�N V�ST'��'T4R._' �3�N�_ _ _ . . G L��2 � _.� _�CA.: i�t"17. (I.PCf _J�PcN�.�c`�� ttiTA.i�T 2.t��'JS�__.. "___' _" _ 1 .E71i ' �Yes No 4 . � EHF ❑ Hom ❑ Rob ❑ Juv Q Coord V ID ❑ Lab ' Rec �/ Team ❑ Sex ❑ Rptr ❑ Qther 0/G ❑ 6urg � TheH [] Prop Q CAU �'r&F Q Auto �� AO ❑ CQ ❑ HumServ _-v�rrz�- / ' 1 PM E27-92'n. lJ i �, I ! v.o. r a if—ZS— / ST. PAUL POLICE DEPARTMENT CONTINUATION OFc ❑ ORIGINAL REPORT �"��3Ffo to City Licensing T� �../ -u� y ITAL REPORT Squad 788 was assigned to a Vice detail at Campus Bar located at 2554 Como Ave. on the above date: I had Officer Cris Byrne go inside with an nnder aged feriiale' to attempt to have her s_en�ed an alcoho.lic beverage. He had arranged to provide a si�at to undercover officers to come into the bar to confront the person that sold the beverage. When the signal was given, I, aiong �c�ith Ms. Kris Schweinier of LIEP went inside and spoke to a waitress that Off: Byrne pointed out to me. I identified her as TIFFANYPERSSDIKof $67 Weeks Ave. SE Mpls. 55414 phone 371-1273. Ti#'fany said she didn't know that the female with Off. Byme was under age and was very remorsefu� �I z �, � �z-�� 00 { � � � N ' v ; � 'CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ 10 ❑ Lab YJ Ree ❑ Tearn ❑ Sex ❑ RpV ❑ pther L r c_ DIC � Surz} ❑ Theft � Prop 0 CAU ❑ F8� Q Auto ❑ DAO ❑ CA ❑ HumServ ( ) � Type `„/ f (� - PM 622-93F. � � _-..�;--- - ��l y`-t5 Lic ID...••• ............. 72567 STAT...•••••••........... AC Business Name............ CAMPUS SPORTS GRILL & NIGHTCLUB INC Doing Business As........ CAMPUS SPORTS GRILL & GOLDIES Address .................. 2554 COMO AVE Zip ...................... 55108 E� Date ................. 09/30/97 License Name ............. GAMBLING LOCATION {CLASS A) . ENTERTAINMENT-CLASS B . RESTAURANT (B)-MORE THAN 12 . SEATS . SUNDAY ON SALE LIQUOR . LIQ-ON SALE-OVER 200 SEATS-A NOTE AREA ................ 12880 . PH NOTICE SENT 8-15-94 SET 9-28-94 . 1�/21J94 ROHERT KNAUFF-EXHiTSBAND OF RENEE MONTPETI . 289 STH ST E#204 {223-8442)-CALLED TO ASK FOR . INFO ON MARTIN BERTZYK & FRANK GRULER-HE ASKED FOR . FRANK GRULER'S ADDRBSS. THIS INFO WAS GIVEN OVER . TAE PAQNE. . 1OJ26/94 PH ON APPN FOR NEW ON SALE LIQUOR-A, . SUNDAY ON SALE, RESTAURANT-B, AND ENTERTMNT-III Press <RETURN> to continue... Alt-Z FOR HELP° VT1Q2 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° LAID OVER INDEFINITELY (C.F. #94-1400) 12J21J94 PH ON APPN FQR NEW ON SALE LIQUOR(A), SUNDAY ON SALE LIQUOR, RESTATJRANT(B), AND ENTERTAINMENT-III APP'D C.F. #94-1400 1f26/95 REFUND FOR DIFFERENCE BETWEEN CLASS 4& CLASS 3 ENTERTAINMENT ($1165.00) ISSUED P.V. #V-330-6441. LICENSEE WAS MAILED HIS LICENSE INCLUDING TI3E CLASS 4 ENTERTAINMENT- HE HAD PREVIOUSLY WRITTEN REQUESTING IT BE CHANGED TO A CLASS 3. TAE LICENSE WAS CHANGED AND A CQRRECTED LICENSE WAS MAILED TO THE LICENSEE. 8/17/95 GAMBLING LOCATION LICE23SE CODE ADDED FROM I.D.#33083 PER LICENSEE--LAP-LIC lOf4/95 C.F. #95-1178 APP`D IMPQSING ADVERSE ACTION AGAINST LICENSES. FINE = ONE DAY SUSPEN- SION EFFECTIVE 1Oj22/95. 10/12/95 - SENT I30TICE OF ONE DAY LICENSE SUSPEN- SION PER CF #95-1178 - LAB 1995-RECEIVED 7o DISC ON LIQ FEE FOR PARTICIPATION IN ALCOHOL AWARENESS TRAINING PROGRAM--LAP-LIC 1/8/96 M. BERTZYK & F. GRULER HOME INFO GIVEN OVER ress <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 S71 ° LOG CLOSED ° PRINT OFF ° THE PHONE TO GENNY MACLEOD WJTHE MN DAILY NEWS-LAP 1/8j96 DBA CHANGED TO CAMPUS SPORTS GRILL & GOLDIES PER C.ROZEK & K.SCHWEINLER--LAP-LIC 4/11f96 HOME INFO GIVEN ON BOTH OFFICERS TO . DOROTHY OF JOHNSON BROS LIQUOR @ 649-5830-LAP-LIC . 8/14j96 C.F. #96-965 APP'D SUSPENDING ALL LICENSES . FOR ONE (1J DAY ON 9J4f96 FOR THE VIOLATION OF ."SALE OF ALCOHOLIC BEVERAGES TO AN UNDERAGE °�� t�-(S . PERSON" Bond Policy Number_..__._ Bond Company ............. Bond Effective Date._.... Bond Expiration Date.._._ Insurance Carrier........ LEXINGTON INS CO Ins. Policy Number....... 55358992355 Insurance Effective Date. �9/26j96 Ins. E�iration Date..... 09/30f97 . Associated Stock Holder.. MARTIN RICHARD BERTZYK . FRANK ROBERT GRULBR Dealer I3o ................ Tax Id ................... 1595000 Worker Comp Eap Date..... Press <RETURN> to continue... 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