93-34 Council File � ��� `��" ✓
Green Sheet ,# ����-����
^ RESO WTION .;.,��,�
`+� CITY OF S � PA},JL, MINNESOTA � �
� ��
Presented By
Referred To Committee: Date
1
2 RESOLVED, that the Licensee, Thomas Enterprises, Inc., dba Brown Derby
3 Lounge (License ID# 44031), for the premises located at 567 Stryker Avenue in Saint
4 Paul is hereby ordered to pay a fine of $200 for the violation of sale of tobacco products
5 to a minor.
6
7 Said fine shall be paid to the Office of License, Inspections and Environmental
8 Protection within thirty days of publication of this resolution as adopted.
9
10 This Resolution and the action taken above are based upon the facts contained in
11 the attached notice of complaint, dated November 18, 1992. The facts as outlined in this
12 letter are not contested by the licensee, as evidenced by the attached letter, dated
13 December 17, 1992, signed by Richard L. Matykiewicz, attorney for the licensee. This
14 action is also based on the circumstances and arguments presented by and on behalf of
15 the licensee during the Public Hearing.
Yeas Navs Absent Requested by Department of:
rimm i-
uerin ' �
on �
acca ee i--
e man �
un e �-
s son By�
Adopted by Council: Date ��N , Form Approved by City Attorney
Adoption Cer�t�}'fie by Counc� ecretary By: �_ /'L-2.l-jZ,
"� r
BY� � Approved by Mayor for Submission to
, � � '�� �M+l� council
Approved by a r: Dat
By:
;Tl,d°f���t�% By:
_ ., g q�� �,���b
�
� �,�,�� ._ ., :.t�
-��
.w�'��� '
�
;,. 'l�_. .��
` . . DO NOT PUT IN TItACI�R , � :
,
: ����'` � �lE�7 11�° 2523�'J �.
�: I�IEP . I.2 2 :92 . -.
�aew►Atr�trr t��'�r+�rru►�rE. . .�crrr c;tsur�e� �w�rAwoarE ,
Ja.net 0d�.1-en 298�5056 - � []cinrnrra�ev �']cmrc�ewi ,,
N. OA ( A �py�g �BUDOET-QII�CTOfi 'O FIN..B MOT.8EF1VIrEt _ °
� January 12, 1993. : C]w►roa��er,a�ry �� �
T�tiiTT�L#►'OF 81�MATURE PAQE8 (CUP ALL LOCATION�P�81dN�)
-. 11CTION#dUEBTED: _: , :
; i1NCONTBSTED ADV�It�E LICENSE.A£TION ' '
(Thomas Enterprises, Inc.) ,�:
�
' bAT10N$;Approus U)or Re�eCt lH1 ' PERSONAL gERVIC�'�i,."ilN17�'��N1NER'1'ME lOI.iQ1�IN4�1y01b:
� _,'_PCANI�I(3 COMMI8810N _CML 8ER410E�I�t 1. M�s t�1is PMeo�VRnn`!Y9[wtl�J4Md w7dPC i t�rth'�Cf<'G��ds 4�pl�119f�t? :
T C�Qi�MMITTEE _ YES NO. '
� . , a: Hse,N+is persortfNrm ewlrlse�a of�r aA�Oyrs?
—_-��` YES NO ,
�.DIBTRICT COURT _.._. _ 3. Does Utis pNSONdfIM;pON�BS.t ak�hot 1fORAN�I P��Y�!Y q���Y�?
BUPPORfB VMMK�i((�UNCIL OBJECTIVE? 1I�S MO
EXpldd'��►�s'�s On s�pa�b�Nt Mld�ts:�aMrt
a�tx�a enc�e�.�.o�ruNm cwno.wh.c.wrw+.wnsrs.w►�r):
Sale of Cigaxettes ta a m�:nor � -
Thomas Enterprises, �Inc: - 567 Stryk�x Avez�ue
{Brown Derby Loun�ee) .
1►DVAI�fI�1pE81F AP!PRC7VED: � , ,
� . - RE�EIi��p ,
.
- �E� 2 8
��gz .
- CITy�C�ER � _
`� a��o�►�►rm►oES��+Pnosr�o: . .
� ,
�s�wo�nranovEO: .
TaTAL AMOUNT OF.'1'hAtiSACT10M�i GQSTIREY�IW��T6R(!i�i�.�O/I� �fE8 fi0
FUNO�fdO SOWlCH ACTIVtTY!ItlA�EII ' � ;
FINANCIAL INFORMATIOM:(FXPiiAMd) �
nrore: cb���r�A��a��,�,���c� ` ms�aucr�avn� � _ y
Mar�uni.�►ua�u►�.�uv��s��c��+c�t� .-�ea-�'is).
AOUTING ORDEA: .
9etow are co�rect roe�dngs br ths�ve taosf�squ�i►t ty(�o�dpctqusnta: �
� .
GONTRACTS(assume`s autlxxlzed budpbt e�clsts) � COUNCIL pfSb1.UT10N'(Amend Budgets/Accspt.Cirants) .
1. Outside Agency . : 1. Department Direc�r .
2. Department Oirector 2. HudDe;Q�ector
3. City Aitorney 3. City Attomey
' 4. MayaT(tor conUacts aver S15.a0U) 4. hAayor/Assisfant
5. HumsFl Rights(tor contracts ovw'�50.000) 5 ,Eity.Council _
�. Finence ancl Mansgem�nt Servktes pUecta 8. Chi�f Aooa�ntar�t,Fi�enoe.pnd Mana�perttent Servioes
7. Fiaance Axonnting ._ , ,
ADMINISTFiATiVE OI�ERS(8udpet ReWsion) COUNGFL RESOLUTION FaN otl�s,.�nd�s)
` 1. AcNvity Mat�eger L Deparfa!�snt Diroctor
2: Departmet�t AcC�untent 2. Ctl�r Atlorney
3. D�pa�#�ae�l 0irectot' 3. Mayor Aas�tant
4. �udge't DireCtor 4. Ciiy Council
; 5. City Clerk �
8. CMef Accounta'nt,Finance and Mana�ern�t 5eridgas
�,
ADMtN18'iRATIVE�FiD�FiS(ali oEhers)
1. Department Dirodor
2. Ciy Attomey .- '
3. Finance and Management Servicis Di�ector _ - . :
4. City Clerk -
TQTAL NUMB�R OF SIGNJITURE'`PACaES _
'. IAdicate ih�#�M pagea orf which signatures are r�i�d and paP�nP a�i'l , ,, ,
eech ot tMse pap�s, .
ACTION RE�UE3TED .
DesCribe what the pcoject/request seeks to�coa�lish in e�lrer ehronologi- _
cal order o►onde�'Ot importancb.vrl�ic�ever fs moet app�pr(ate for fhe
isaue.[)o not w�iEe complete ssn�e�cesY 6egtn eae�item ia your�ist wnn
a verb. ' ,
AEQOMM£NDATtONS :
Coir�let�H the isau�e M qusstion has besn pressr►ted before anY bodyr.publio �
or private. - ,
SUPPORTS WHICH COUNCIL OBJEC7'11fE7 . .
fn�cate which CouncN oble�t�es(s?Yo�f p�l�qws�ec�p�a b�r N+�10
the key word(s)(HC3tISiNti.F4�CA�ATlON.N�IC�iF�DS;ECQN41M1�DEYELOPMENT,
- BUC?�3ET.SEVY�R SEPARATION},(&E�COAAPI.EETE LIST MI iNST�UCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
Thi�intomiation wili bs used to dets►tMrie U�s dy's iiab�fty hx workera oompensetion ct�ims,:taxes end p�oper cfvil sarvic�hi�rulss.
INITM�"INCi PROBLEM, ISSUE,OPPORTIJ{�i1TY ,
Explain the situation or conditfona'that created a need tor your projecf
Of Fl3Ql,lAS1, .
ACSVANTAGES IF APPROVfD - .
IndiCBte whether this is simply an�attquat bu�igst proc�dure required by iaw! .
` charter or whetMer there are speci�c ways in which the City of SaInR Peu�
and its Cilizens will benefit horr►Uds p►ojscUacNon.
DISADVANTACaES IF APPFWYED
What r�gative effeGt�or major changes to existk+g rx•peat p►occ:�sases mi�t
this project/request producs if it is passed(e.g..balffc delays,ndse�
tax ir�creasea or assesat�eMs)?To 4Yhom?When4�or how bng4
DISAQVANTAGES IF NOT�kPPROVED
What wib�e the n�attve consequences it the pcomised edion is not '
approved?I�ability to delhns�'service4 Cont4nued high iraHic,noise. '
accident rate?Loss Oi revenue?
FINANGIAL IMPACT • .
A1Ehough yrw rtwst tailor!he iNortnetiort y0u proYide here 10 ifie iasue�you .
are,addressing.in general you must ans�ret two que�s:How much is it •
going to cost2 Who is 9oi�9 ta PaY? :
' . ``�3 - �,�- �
UNCONTESTED LICENSE HEARING
Licensee Name: Thomas Enterprises Inc.,
dba Brown Derby Lounge
Address: 567 Stryker Avenue
Date Of Council Hearing: January 12, 1993
Violation: Sale of Cigarettes to a minor § 324.07.
Date: November 7, 1992
Place: Licensed Premises
Matrix Presumptive Penalty: N/A
Recommendation by Assistant City Attorney on behalf of client, Office of
License Inspections and Environmental Protection:
To impose a $200 fine for the sale of cigarettes to a minor.
Attachments
1. Proposed resolution
2. License information
3. Notice of Violation
4. Letter of licensee or attorney agreeing not to
contest the facts
. - q� -�`� ✓
BUSINESS LICENSE SLTNIl�IARY INQUIRY SCREEN Date: Nov 18
License# : 44031 Status : ACTIVE
Name : THOMAS ENTERPRISES INC
DBA : BROWN DERBY LOUNGE
Address : 567 STRYKER AVE
ST. PAUL, MN 55107 291-9622
Bill Name :
Bill Addr : ,
Inspector : 02 MIKE
Exp Date : 03/31/93 Last Inspections
1:LIC : no action
Licenses 1: 2082 01 LIQ-ON SALE-100SEATS/LESS-C 2 :HEALTH: not needed
>LIC 2 : 2571 O1 RESTAURANT 14HRS TO 99 SEATS-B 3 :FIRE : not needed
($P) age 3 : 2577 Ol ENTERTAINMENT-CLASS 2 4 :BIDD : not needed
4 :2168 Ol SUNDAY ON SALE LIQUOR 5:FOOD : not needed
Tax ID : 6320689
Bond# . Exp :
Ins# : LQMN384185 Exp : 03/31/93
Work comp : 04-013378-4 Exp : 05/01/93
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Date: Nov 18
Business License Manager Inquiry
LICENSE I.D. 44031
NAME RAYMOND D. THOMAS TRANSFER FROM LIC ID 16347
TRANSFER TO LIC ID
STREET NUMBER 567 STREET DIRECTION UNIT NO
STREET NAME STRYKER STREET TYPE AV
CITY ST PAUL STATE MN ZIP 55107
PHONE NUMBER 291-9672
NOTE: 1: 12099
2 : 110388 GAMBLING LOC LIC NOT TRANSFERABLE DUE TO V
3 : IOLATION - CANCELLED - REFUND P.V. V-160-0430
4 : 111588 PH ON APPN TO TRFR ON SALE LIQ, SUNDAY, OFF
5: SALE MALT 3 . 2 , ENTER. II AND REST. B FROM THOMAS
6:ENTERPRISES INC. DBA BROWN DERBY (RZCHARD J. THOMA
7: S, PRES. & STOCKHOLDER) APP'D C.F. 88-1814
8 : 9/14/89 PH ON APPN FOR NEW OF CLASS A GAMBLING
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Date: Nov 18
Business License Associate Names Inquiry
LICENSE ID 44031
Type Associate Name
' �r C��� ?>`f ✓
SUNDAY ON SALE LIQUOR
5: 2176 O1 OFF SALE MALT
" 6: 2389 O1 GAMBLING LOCATION (CLASS C)
7 : 2049 O1 CIGARETTE
8 '
Liquor On-sale serve area (if Liquor license held)
1:BAR & RESTAURANT
2 :
3 :
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
� . . ��.3 -.�� �
OFFIC,�. JF THE CITY ATTORNEY
Natalie E.Hudson,CiryAttorney
CITY OF SAINT PAUL 800 Landmcuk Towers Telephone
lames Scheibe�Mayor 345 St.Pete�Srreet Civil:298-5121
Saint Paul,Minnesvta 55102 Criminal:298-�f271
Facsimile:612-298-5619
r�n
November 18, 1992
NOTICE OF COMPLAINT
Raymond D. Thomas
Thomas Enterprises, Inc. ,
dba Brown Derby Lounge
567 Stryker Avenue
Saint Paul, Minnesota 55107
Re: All licenses held by Brown Derby Lounge for the premises
located at 567 Stryker Avenue, Saint Paul.
Dear Mr. Thomas:
The Director of the Office of License, Inspections and
Environmental Protection will recommend that adverse action be
taken against all the licenses you hold at the above-named
premises. This recommendation is based on the following:
On November 7, 1992, a clerk or other employee sold
cigarettes to a minor under the aqe of 18 years in the
licensed premises. This is an offense under Minn. stat.
§609 . 685 and Saint Paul Legislative Code §324.07.
If you do not dispute the above facts, and send me a letter to that
effect within 5 days, the case will be set before the City Council.
You will have a chance to appear and make a statement before the
Council as to the proper penalty, if any, to be imposed.
If you do dispute the above facts, a hearing will be set before an �
Administrative Law Judge. At that hearing both you and the City
will be able to appear and present witnesses, evidence and cross-
examine the other's witnesses. The Council will ultimately decide
the case. If this is your choice, please let me know within 5 days,
and we will take the� necessary steps to set up that ALJ hearing.
Call me at 298-5121.
Very truly yours,
. _ � •
Philip . Byrne
Assistant City Attorney
cc: Robert Kessler
Director, LIEP
Terry Hislop
License Division
. ��3 �� �
:�����
.�/��t.
ATTORNEY A7 LAW ��(i �8 199
AND �''s J,;�j�° `
/ „ COUNSEIOR �r d � �`���
Y f �'ai,�
oU SUITE 1100,CAPITAL CENTRE �V L �_/
7/' Y
986 NORTM WABASHA STREET '�'S
5T.PAUI,MINNESOTA 33f02
TELE.(012)229-l100
FA7f(612)229-8151
December 17, 1992
Mr. Philip B. Byrne
Assistant City Attorney
Office of the Saint Paul City Attorney
800 Landmark Towers
345 St. Peter Street
St. Paul, MN 55102
Re: The Brown Derby Lounge - Cigarette Sale
� Dear Mr. Byrne:
In response to your letter of November 18, 1992, please be
advised that The Brown Derby Lounge does not wish to contest the
allegations contained in said letter before an administrative law
judge.
The license holder admits the allegation that a sale was
made possible to an underage customer on November 7, 1992 and
will accept the judgment of the City Council . Mr. Raymond Thomas
of The Brown Derby Lounge would wish to be present and,
therefore, has notice of the time and place of the City Council
Hearing.
By way of mitigation, I am enclosing herewith an Affidavit
of Mr. Alvin Wenner, a long-time and regular customer of The
Brown Derby Lounge.
As you will note, it was Mr. Wenner, in the absence of the
bartender, who gave the customer change and operated the switch
permitting her to operate the cigarette machine on the premises .
Hopefully this explanation will have a mitigating effect on any
penalty which the licensee might receive.
Thank you for your kind consideration and cooperation in
this matter.
Yours truly,
�
�=-.�_�? _ J,)���y:'�-�-�
; ,
R,\HARD L: MATYKI�EWICZ�'
RLM:rt
Enclosure
, � �. � .�� ye3 —��
�
AFFIDAVIT OF ALVIN WENNER
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
Alvin Wenner, being first duly sworn upon oath, deposes and
states as follows :
1. My name is Alvin Wenner, and I have been a long-
standing, regular customer at The Brown Derby Lounge operated by
Raymond Thomas, Jr.
2. I was a customer in the bar, sitting near the cigarette
machine, on November 7, 1992 at approximately 11 a.m.
3. The bartender on duty had left the bar and went down
to the basement to get beer to stock the bar coolers . During
his absence, a young woman came into the bar and requested
change for the cigarette machine. I asked her if she was of age
and she said yes . I made change for her and pressed the button
mechanism permitting her to operate the cigarette machine. She
purchased a package of cigarettes and left.
4. I later discovered she was underage and working with
the Saint Paul Police Department testing the cigarette laws . I
honestly felt she looked old enough, but did not demand any
identification. Neither the bartender nor any of the bar's
management was aware of the fact I had permitted her to operate
the cigarette machine until after the fact.
5. I apologize to the City Council and to Mr. Thomas for
my foolish mistake and hope Mr. Thomas and the bar will not be
punished for my unauthorized acts .
� �.� � . �.3-:3�
. ,,,�'
FURTHER YOUR AFFIAN'P SAYETH NOT.
�-�/'.�t-.--� �
Alvin Wenne
Subscribed and sworn to before me
this � day of �C�C , , 1992 .
c=��<�'�� �%���/
Notary Public
DONALD UNAUH
NOTARY PUBLIC - IuiINNESOTA
DAKOTA COUNTY
� My commissior� 6xpi-es 10-2�95
- 2 -
, � , �3 -3y �'
Council File #
Green Sheet ,�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ,� )
..,�'
Presented By
Referred To Committee: Date
1
2 RESOLVED, that the Licensee, Thomas Enterprises, Inc., dba Brown Derby
3 Lounge (License ID# 44031), for the premises located at 567 Stryker Avenue in Saint
4 Paul is hereby ordered to pay a fine of $200 for the violation of sale of tobacco products
5 to a minor.
6
7 Said fine shall be paid to the Office of License, Inspections and Environmental
8 Protection within thirty days of publication of this resolution as adopted.
9
10 This Resolution and the action taken above are based upon the facts contained in
11 the attached notice of complaint, dated November 18, 1992. The facts as outlined in this
12 letter are not contested by the licensee, as evidenced by the attached letter, dated
13 December 17, 1992, signed by Richard L. Matykiewicz, attorney for the licensee. This
14 action is also based on the circumstances and arguments presented by and on behalf of
15 the licensee during the Public Hearing.
Yeas Nays Absent Requested by Department of:
Gr.zmm
Guerin
on
lacca ee
Rettman
T une
i son BY�
Form Approved by City Attorney
Adopted by Council: Date
Adoption Certified by Council Secretary By: . �_ /,�-Z/_9Z
By' Approved by Mayor for Submission to
Approved by Mayor: Date Council
By: BY�
T �
� q�3-3
UNCONTESTED LICENSE HEARING �
Licensee Name: Thomas Enterprises Inc.,
dba Brown Derby Lounge
Address: 567 Stryker Avenue
Date Of Council Hearing: January 12, 1993
Violation: Sale of Cigarettes to a minor § 324.07.
Date: November 7, 1992
Place: Licensed Premises
Matrix Presumptive Penalty: N/A
Recommendation by Assistant City Attorney on behalf of client, Office of
License Inspections and Environmental Protection:
To impose a $200 fine for the sale of cigarettes to a minor.
Attachments
1. Proposed resolution
2. License information
3. Notice of Violation
4. Letter of licensee or attorney agreeing not to
contest the facts
. � � _ q3 -3� �%
BUSINESS LICENSE SLJMMARY INQUIRY SCREEN Date: Nov 18
License# : 44031 Status : ACTIVE
Name : THOMAS ENTERPRISES INC
DBA : BROWN DERBY LOUNGE
Address : 567 STRYKER AVE
ST. PAUL, MN 55107 291-9622
Bill Name :
Bill Addr : ,
Inspector : 02 MIKE
Exp Date : 03/31/93 Last Inspections
1:LIC : no action
Licenses 1:2082 O1 LIQ-ON SALE-100SEATS/LESS-C 2 :HEALTH: not needed
>LIC 2 : 2571 O1 RESTAURANT 14HRS TO 99 SEATS-B 3 :FIRE : not needed
($P) age 3 : 2577 Ol ENTERTAINMENT-CLASS 2 4 :BIDD : not needed
4 : 2168 01 SUNDAY ON SALE LIQUOR 5:FOOD : not needed
Tax ID : 6320689
Bond# . Exp .
Ins# : LQMN384185 Exp : 03/31/93
Work comp : 04-013378-4 Exp : 05/O1/93
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Date: Nov 18
Business License Manager Inquiry
LICENSE I.D. 44031
NAME RAYMOND D. THOMAS TRANSFER FROM LIC ID 16347
TRANSFER TO LIC ID
STREET NUMBER 567 STREET DIRECTION UNIT NO
STREET NAME STRYKER STREET TYPE AV
CITY ST PAUL STATE MN ZIP 55107
PHONE NUMBER 291-9672
NOTE: 1: 12099
2 : 110388 GAMBLING LOC LIC NOT TRANSFERABLE DUE TO V
3 : IOLATION - CANCELLED - REFUND P.V. V-160-0430
4 : 111588 PH ON APPN TO TRFR ON SALE LIQ, SUNDAY, OFF
5: SALE MALT 3 . 2, ENTER. II AND REST. B FROM THOMAS
6:ENTERPRISES INC. DBA BROWN DERBY (RICHARD J. THOMA
7 : S, PRES. & STOCKHOLDER) APP'D C.F. 88-1814
8 : 9/14/89 PH ON APPN FOR NEW OF CLASS A GAMBLING
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Date: Nov 18
Business License Associate Names Inquiry
LICENSE ID 44031
Type Associate Name
, � a3-� �
SUNDAY ON SALE LIQUOR
5: 2176 O1 OFF SALE MALT
6: 2389 Ol GAMBLING LOCATION (CLASS C)
7 : 2049 Ol CIGARETTE
8 :
Liquor On-sale serve area (if Liquor license held)
1:BAR & RESTAURANT
2 :
3 :
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
' ' . ' OFFICE OF THE CITY ATTORNEY �
IANE A.MC PEAI� CITYATTORNEY �3 '�
CITY OF SAINT PAUL 800 Landmark Towers Telephone
lames Scheibel,Mayor 345 St.Peter Street Civil:298-5121
Saint Paul,Minnesota 55102 Criminal:298-4271
Facsimile:612-298-5619
W�
December 21, 1992
NOTICE OF HEARING
Richard L. Matykiewicz
Attorney At Law
1100 Capital Centre
386 N. Wabasha
St. Paul, MN 55102
RE: Licenses held by Thomas Enterprises, Inc. , dba Brown
Derby Lounge for the premises at 567 Stryker Avenue, St.
Paul, Minnesota.
Dear Mr. Matykiewicz :
Please take notice that a hearing concerning the above-mentioned
establishment has been scheduled for 9:00 o'clock a.m. , January,
12, 1993 in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed please find a copy of the proposed resolution, with
attachments, for consideration by the City Council. This is an
uncontested hearing, in that facts contained in the notice of
complaint have been admitted to. You will have the opportunity to
present oral and/or written argument as to the appropriate
sanction, if any, to be imposed.
If you have any questions, please call me at 298-5121.
Very Truly Yours,
. �
PHILIP . BYRNE
Assistant City Attorney
cc: Robert Kessler
LIEP
Terry Hislop
LIEP
Molly O'Rourke
City Clerk
3✓� OFFIC.__ �F THE CTTY ATTORNEY ��
Natafie E.Hudson, CityAttorney
CITY OF SAINT PAUL 800 Landrnark Towers Telephone
lames Scheibe�Mayor 345 St.Peter Srreet CiviF. 298-5121
Sainr Pau�M'+nnesota 55102 Criminal.•298-�t271
Facsimile:612-298-5619
.��
November 18, 1992
NOTICE OF COMPLAINT
Raymond D. Thomas
Thomas Enterprises, Inc. ,
dba Brown Derby Lounge
567 Stryker Avenue
Saint Paul, Minnesota 55107
Re: All licenses held by Brown Derby Lounge for the premises
located at 567 Stryker Avenue, Saint Paul.
Dear Mr. Thomas:
The Director of the Office of License, Inspections and
Environmental Protection will recommend that adverse action be
taken against all the licenses you hold at the above-named
premises. This recommendation is based on the following:
On November 7, 1992, a clerk or other employee sold
cigarettes to a minor under the aqe of i8 years in the
licensed premises. This is an offense under Minn. Stat.
§609. 685 and 3aint Paul Legislative Code §324.07.
If you do not dispute the above facts, and send me a letter to that
effect within 5 days, the case will be set before the City Council.
You will have a chance to appear and make a statement before the
Council as to the proper penalty, if any, to be imposed.
If you do dispute the above facts, a hearing will be set before an �
Administrative Law Judge. At that hearing both you and the City
will be able to appear and present witnesses, evidence and cross-
examine the other's witnesses. The Council will ultimately decide
the case. If this is your choice, please let me know within 5 days,
and we will take the necessary steps to set up that AW hearing.
Call me at 298-5121.
Very truly yours,
. _ � '
Philip . Byrne
Assistant City Attorney
cc: Robert Kessler
Director, LIEP
Terry Hislop
License Division
- , � . . � , �3 -3� �,`
.
:�;��.�.��
�F/1 ��
ATTORNEY AT LAW (i ~
AND �'Y.,�-.. �$ �992
�
/ �., COUNSELOR ��� �J �%,i"p^��
Y ��[ ��fp
�L SUITE 1100,CAPITAL CENTRE �;���_/
986 NORTH WABASHA STREET Q•
ST.PAUL,MINNESOTA 53102
TELE.(6f2)229•0100
iAX(6 f 2)229-81 D i
December 17 , 1992
Mr. Philip B. Byrne
Assistant City Attorney
Office of the Saint Paul City Attorney
800 Landmark Towzrs
345 St. Peter Street
St. Paul, MN 55102
Re: The Brown Derby Lounge - Cigarette Sale
� Dear Mr. Byrne:
In response to your letter of November 18, 1992, please be
advised that The Brown Derby Lounge does not wish to contest the
allegations contained in said letter before an administrative law
judge.
The license holder admits the allegation that a sale was
made possible to an underage customer on November 7, 1992 and
will accept the judgment of the City Council. Mr. Raymond Thomas
of The Brown Derby Lounge would wish to be present and,
therefore, has notice of the time and place of the City Council
Hearing.
By way of mitigation, I am enclosing herewith an Affidavit
of Mr. Alvin Wenner, a long-time and regular customer of The
Brown Derby Lounge.
As you will note, it was Mr. Wenner, in the absence of the
bartender, who gave the customer change and operated the switch
permitting her to operate the cigarette machine on the premises .
Hopefully this explanation will have a mitigating effect on any
penalty which the licensee might receive.
Thank you for your kind consideration and cooperation in
this matter.
Yours truly,
_�.� -J � �', .
�� ,1 / Y
.�f�---� � ��,�L,..�.
R�CHARD L. MATYKrEWICZ�
RLM:rt
Enclosure
- . . .- q3-3� �
AFFIDAVIT OF ALVIN WENNER
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
Alvin Wenner, being first duly sworn upon oath, deposes and
states as follows :
1. My name is Alvin Wenner, and I have been a long-
standing, regular customer at The Brown Derby Lounge operated by
Raymond Thomas, Jr.
2. I was a customer in the bar, sitting near the cigarette
machine, on November 7, 1992 at approximately 11 a.m.
3. The bartender on duty had left the bar and went down
to the basement to get beer to stock the bar coolers . During
his absence, a young woman came into the bar and requested
change for the cigarette machine. I asked her if she was of age
and she said yes . I made change for her and pressed the button
mechanism permitting her to operate the cigarette machine. She
purchased a package of cigarettes and left.
4. I later discovered she was underage and working with
the Saint Paul Police Department testing the cigarette laws . I
honestly felt she looked old enough, but did not demand any
identification. Neither the bartender nor any of the bar's
management was aware of the fact I had permitted her to operate
the cigarette machine until after the fact.
5. I apologize to the City Council and to Mr. Thomas for
my foolish mistake and hope Mr. Thomas and the bar will not be
punished for my unauthorized acts.
. . . ��3 -�
�
FURTHER YOUR AFFIANT SAYETH NOT.
� ,
/.,C-�/'.�t-�^ /'
Alvin Wenne
Subscribed and sworn to before me
this � day of �C�G � , 1992 .
��-��'� �'/
Notary Public
DONALD UNRUH
IJOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
My commission expl�es 10-26-95
- 2 -