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97-544Council File # 1 l —' � � � --^, -�° ° - ^ , � .� � Green Sheet # �G� ,.,� a �t ''. _' i ;�'3 ,�-?, �_ RE$OLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Committee: Date WI�REAS, Minnesota Restaurants, Inc. (Daniel J. Busse, President), d/b/a All Star Sports Cafe/Club Extreme has applied for Cigarette, Liquor On-Sale Class A, Sunday On-Sale Liquor, Restaurant (B),Entertainment Class B and Gambling Location Class A licenses for the premises at 2554 Como Avenue, Saint Paul; and WI�REAS, Daniel Busse currently operates Campus Sports Grill and Goldies pursuant to a management agreement with the licensees, Martin Bertzyck and Frank Cmtler; and WHEREAS, on April 26, 1997 a patron of Goldies left the licensed premises with an open bottle of beer, in violation of Saint Paul Legislative Code §409.08(15); and WHEREAS, this violation was discussed with the license applicant and his attorney by the Office of License, Inspections and Environmental Protection, and it was agreed that applicant would accept responsibility for the violation against his license, would waive requirements for a hearing, and would have the matter submitted to the Saint Paul City Council for a determination of the appropriate penalty, with the understanding that the Office of LIEP would be recommending a five (5) day suspension, with four days of the suspension being stayed for 18 months on condition that the establishment close far one day and have no fixrther violations in that period; now, therefare, be it RESOLVED, that the Liquor On-Sale (A), Sunday On-Sale, Restaurant (B), Entertainment (B), and Gambling Location (A) licenses (License ID #99433) held by Minnesota Restaurants, dlb/a/ All Star Sports CafefClub Extreme at 2554 Como Avenue are hereby suspended for a period of five (5) days with four (4) days stayed far a period of eighteen months on condition that the establishment close for one (1) day and that there be no other violations in that period. The remaining one day suspension shall take place on May 15, 1997, consecutive to the one-day suspension which was ardered under Council File #97- 445. i a 3 4 5 6 7 8 9 `��1- S'� �{ This Resolution and the action taken above are based upon the facts contained in Saint Paul Police Report CN 97-059-Q15, and such azguments as may have been presented to the Council at the public hearing. The licensee did not dispute the facts of the violation. To the extent that this action is a depariure from the recommended penalties contained in §409.26 of the Legislafive Code, the Council finds that the occurrence of this violarion so shortly after the licensed premises were the subject of an adverse acfion while applicant was the manager is a substantial and compelling reason to jusfify a more serious penalty than a regulaz first time violation. Adopted by Council: Date �� Adoption Certified by Council Sec ary BY � �-1 r� — c� -� ov�i� n ia-cv�� . � �/�-�l� �---- Approved by Mayor: Date By : ����-� — / Requested by Department of: By: Form Approved by City Attorney By: V �� ' ��-/r � � Approved by Mayor for Submission to council By: Attorney 5-�14-97 � �REEN SHEET VitginlaPalmet 266-8710 �.Sa AUST BE ON CqUNCII AGENOA BY (OATE) qp�ITNG ���ET OIRECTOR OflDEfl � �pYQR (OR ASSISTpNTJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ���56 a�t-s��{ INITIAVDATE CITY COUNGL CITY CIERK FIN. 8 MGT. SERVICES OIR. Concenring adverse action against licenses held by All Sports CafelClub Extreme, 2554 Como Avenue. REfAMMENDATIONS: Approve (A) ar Reject (R) _ PLANNING COMMISSION _ CIVIL SERVICE _ CIB COMMfTTEE _ ' _ 5TAFF _ __ 04STRIGTCOUkT _ SUPPORTS WHICH CqUNCIL �BJECTIVE? PERSONAL SERVICE CONiRACTS MUSTANSWER 7NE FOLLOWING pUEST10NS: 1. Has this persoNfirm ever worked under a contract for this department? YES NO 2. Has this personttirm ever been a city employee? � YES NO 3. Does this perwn/firrn possess a skill not normaliy Dossessetl by any curtent ciry empioyee? YES NO Ezplain all yes answers on aeparate sheet anA attach to gresn ahcet (Who. What When, W�ere.NTy)� IFAPPROVED: TOTAL AMOUNT OF TRANSACTIOP! COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIiiG SOURCE ACTIVITY NUMBER FINANCIALINFOqFnAT10N (E%PlA1N) Council File # 1 l —' � � � --^, -�° ° - ^ , � .� � Green Sheet # �G� ,.,� a �t ''. _' i ;�'3 ,�-?, �_ RE$OLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Committee: Date WI�REAS, Minnesota Restaurants, Inc. (Daniel J. Busse, President), d/b/a All Star Sports Cafe/Club Extreme has applied for Cigarette, Liquor On-Sale Class A, Sunday On-Sale Liquor, Restaurant (B),Entertainment Class B and Gambling Location Class A licenses for the premises at 2554 Como Avenue, Saint Paul; and WI�REAS, Daniel Busse currently operates Campus Sports Grill and Goldies pursuant to a management agreement with the licensees, Martin Bertzyck and Frank Cmtler; and WHEREAS, on April 26, 1997 a patron of Goldies left the licensed premises with an open bottle of beer, in violation of Saint Paul Legislative Code §409.08(15); and WHEREAS, this violation was discussed with the license applicant and his attorney by the Office of License, Inspections and Environmental Protection, and it was agreed that applicant would accept responsibility for the violation against his license, would waive requirements for a hearing, and would have the matter submitted to the Saint Paul City Council for a determination of the appropriate penalty, with the understanding that the Office of LIEP would be recommending a five (5) day suspension, with four days of the suspension being stayed for 18 months on condition that the establishment close far one day and have no fixrther violations in that period; now, therefare, be it RESOLVED, that the Liquor On-Sale (A), Sunday On-Sale, Restaurant (B), Entertainment (B), and Gambling Location (A) licenses (License ID #99433) held by Minnesota Restaurants, dlb/a/ All Star Sports CafefClub Extreme at 2554 Como Avenue are hereby suspended for a period of five (5) days with four (4) days stayed far a period of eighteen months on condition that the establishment close for one (1) day and that there be no other violations in that period. The remaining one day suspension shall take place on May 15, 1997, consecutive to the one-day suspension which was ardered under Council File #97- 445. i a 3 4 5 6 7 8 9 `��1- S'� �{ This Resolution and the action taken above are based upon the facts contained in Saint Paul Police Report CN 97-059-Q15, and such azguments as may have been presented to the Council at the public hearing. The licensee did not dispute the facts of the violation. To the extent that this action is a depariure from the recommended penalties contained in §409.26 of the Legislafive Code, the Council finds that the occurrence of this violarion so shortly after the licensed premises were the subject of an adverse acfion while applicant was the manager is a substantial and compelling reason to jusfify a more serious penalty than a regulaz first time violation. Adopted by Council: Date �� Adoption Certified by Council Sec ary BY � �-1 r� — c� -� ov�i� n ia-cv�� . � �/�-�l� �---- Approved by Mayor: Date By : ����-� — / Requested by Department of: By: Form Approved by City Attorney By: V �� ' ��-/r � � Approved by Mayor for Submission to council By: Attorney 5-�14-97 � �REEN SHEET VitginlaPalmet 266-8710 �.Sa AUST BE ON CqUNCII AGENOA BY (OATE) qp�ITNG ���ET OIRECTOR OflDEfl � �pYQR (OR ASSISTpNTJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ���56 a�t-s��{ INITIAVDATE CITY COUNGL CITY CIERK FIN. 8 MGT. SERVICES OIR. Concenring adverse action against licenses held by All Sports CafelClub Extreme, 2554 Como Avenue. REfAMMENDATIONS: Approve (A) ar Reject (R) _ PLANNING COMMISSION _ CIVIL SERVICE _ CIB COMMfTTEE _ ' _ 5TAFF _ __ 04STRIGTCOUkT _ SUPPORTS WHICH CqUNCIL �BJECTIVE? PERSONAL SERVICE CONiRACTS MUSTANSWER 7NE FOLLOWING pUEST10NS: 1. Has this persoNfirm ever worked under a contract for this department? YES NO 2. Has this personttirm ever been a city employee? � YES NO 3. Does this perwn/firrn possess a skill not normaliy Dossessetl by any curtent ciry empioyee? YES NO Ezplain all yes answers on aeparate sheet anA attach to gresn ahcet (Who. What When, W�ere.NTy)� IFAPPROVED: TOTAL AMOUNT OF TRANSACTIOP! COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIiiG SOURCE ACTIVITY NUMBER FINANCIALINFOqFnAT10N (E%PlA1N) Council File # 1 l —' � � � --^, -�° ° - ^ , � .� � Green Sheet # �G� ,.,� a �t ''. _' i ;�'3 ,�-?, �_ RE$OLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Committee: Date WI�REAS, Minnesota Restaurants, Inc. (Daniel J. Busse, President), d/b/a All Star Sports Cafe/Club Extreme has applied for Cigarette, Liquor On-Sale Class A, Sunday On-Sale Liquor, Restaurant (B),Entertainment Class B and Gambling Location Class A licenses for the premises at 2554 Como Avenue, Saint Paul; and WI�REAS, Daniel Busse currently operates Campus Sports Grill and Goldies pursuant to a management agreement with the licensees, Martin Bertzyck and Frank Cmtler; and WHEREAS, on April 26, 1997 a patron of Goldies left the licensed premises with an open bottle of beer, in violation of Saint Paul Legislative Code §409.08(15); and WHEREAS, this violation was discussed with the license applicant and his attorney by the Office of License, Inspections and Environmental Protection, and it was agreed that applicant would accept responsibility for the violation against his license, would waive requirements for a hearing, and would have the matter submitted to the Saint Paul City Council for a determination of the appropriate penalty, with the understanding that the Office of LIEP would be recommending a five (5) day suspension, with four days of the suspension being stayed for 18 months on condition that the establishment close far one day and have no fixrther violations in that period; now, therefare, be it RESOLVED, that the Liquor On-Sale (A), Sunday On-Sale, Restaurant (B), Entertainment (B), and Gambling Location (A) licenses (License ID #99433) held by Minnesota Restaurants, dlb/a/ All Star Sports CafefClub Extreme at 2554 Como Avenue are hereby suspended for a period of five (5) days with four (4) days stayed far a period of eighteen months on condition that the establishment close for one (1) day and that there be no other violations in that period. The remaining one day suspension shall take place on May 15, 1997, consecutive to the one-day suspension which was ardered under Council File #97- 445. i a 3 4 5 6 7 8 9 `��1- S'� �{ This Resolution and the action taken above are based upon the facts contained in Saint Paul Police Report CN 97-059-Q15, and such azguments as may have been presented to the Council at the public hearing. The licensee did not dispute the facts of the violation. To the extent that this action is a depariure from the recommended penalties contained in §409.26 of the Legislafive Code, the Council finds that the occurrence of this violarion so shortly after the licensed premises were the subject of an adverse acfion while applicant was the manager is a substantial and compelling reason to jusfify a more serious penalty than a regulaz first time violation. Adopted by Council: Date �� Adoption Certified by Council Sec ary BY � �-1 r� — c� -� ov�i� n ia-cv�� . � �/�-�l� �---- Approved by Mayor: Date By : ����-� — / Requested by Department of: By: Form Approved by City Attorney By: V �� ' ��-/r � � Approved by Mayor for Submission to council By: Attorney 5-�14-97 � �REEN SHEET VitginlaPalmet 266-8710 �.Sa AUST BE ON CqUNCII AGENOA BY (OATE) qp�ITNG ���ET OIRECTOR OflDEfl � �pYQR (OR ASSISTpNTJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ���56 a�t-s��{ INITIAVDATE CITY COUNGL CITY CIERK FIN. 8 MGT. SERVICES OIR. Concenring adverse action against licenses held by All Sports CafelClub Extreme, 2554 Como Avenue. REfAMMENDATIONS: Approve (A) ar Reject (R) _ PLANNING COMMISSION _ CIVIL SERVICE _ CIB COMMfTTEE _ ' _ 5TAFF _ __ 04STRIGTCOUkT _ SUPPORTS WHICH CqUNCIL �BJECTIVE? PERSONAL SERVICE CONiRACTS MUSTANSWER 7NE FOLLOWING pUEST10NS: 1. Has this persoNfirm ever worked under a contract for this department? YES NO 2. Has this personttirm ever been a city employee? � YES NO 3. Does this perwn/firrn possess a skill not normaliy Dossessetl by any curtent ciry empioyee? YES NO Ezplain all yes answers on aeparate sheet anA attach to gresn ahcet (Who. What When, W�ere.NTy)� IFAPPROVED: TOTAL AMOUNT OF TRANSACTIOP! COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIiiG SOURCE ACTIVITY NUMBER FINANCIALINFOqFnAT10N (E%PlA1N)