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98-462��{�(\��C3�e�1 " S 1� `� "' Council File # O' l0 2 Green Sheet # [a�0 / / Presented By RESOLUTION ITY OF SAINT PAUL, MINNESOTA � �� 3� 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 Committee: Date 0�1� �'�ov,S0.Y�G��Ve.�yrc�rec��a��c..rSCY�7 ��SOC�.00� SOLVED, that the Licensee Richard A. Defoe Enterprises, Inc. d/bfa Club Cancun (Lic se ID No. 96027), located at 1638 Rice Street in Saint Paul is hereby ordered to pay a fine of , . for the violation of "Sale of Alcoholic Beverages to Under-Age Person" and for violating license condition #1, which requires that all persons under the age of 21 who enter the baz shall be identified as such using a method such as a non-removable wristband or indelible ink stamp, which is visible and signifies that they may not be served or consume alcohal and Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signarixre by the Mayor. This Resolution and the action taken by the Council in this matter are based upon the facts contained in the Saint Paul Police Report CN 98-037-804, flie facts of which are sLUnmarized in the April 1, 1998 Notice of Violation letter to the licensee, and such arguments as may ha�e been presented to the Council at the public hearing. The facts of the sale and the violation of the license condition were not contested by the licensee. Requested bY Department of: By: �./ ht �'" v ,-'�' By: Approved by Mayor: Form Approved by City Attorney BY = ,//wfP ! l�-w� --� � a � `'1 ,� Approved to Council By: , ��V y� J J "V`� —� / ay: Adopted by Council: ➢ate Adoption Certified by Council Se tary 98-v6z - ��- -- CONiACT PERSON & PFiONE Christine Rozek BE ON CIXINCILAGENQ4 BY May 27, 1998 - Public Hearing ROLtitNG ORDER TOTAL # OF SIGNATURE PAGES oe.ue,�rowECrart ❑ arc�nox�r ❑ anu.mK _ ❑ nuxcu��amvcaow. ❑ w++�xu�ua�nn.ccrc ❑ WYORIORASmTAMI) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against licenses held by Richard D. Defoe Enterprises, Inc. dba Club Cancun, 1638 Rice Street. (Uncontested) PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION VJhere. WhY) Has this Pe�Mrm everwaked uMer a contract for this departmeM? YES NO Has thie aereoMrtn ever been a ciFi emvbvce? . YES NO Does this V��M�m P� a sldN not namaUYG�%� M anY curteM cily empbyee4 YES NO Is this persoMfiim a qrpeted vendoYl rES rio aiain al1 ves answeB on ceDa2te Sheei arM atWCh W afee115heet AMOUNT OF TRANSACTION S COST/REVENUE BUDfiEfm (CIRCLE ON� YES NO ACTIVRY NUMBER 9�-y�Z . UNCONTESTED LICENSE HEARlNG Licensee Name: Richard A. Defoe Enterprises, Inc. d/b/a Club Cancun Address: 1638 Rice Street Council Hearing Date: May 27, 1998 Violation: Sale of Alcohol to an Underage Person Minn. Stat. § 304A.503 (1994) St. Paul Legislative Code § 409.08 Failure to follow license conditions, specifically condition #1, which requires that alf persons under the age of 21 who enter the bar shall be identified as such using a method, such as a non-removable wrist-band or indelibfe ink stamp, which is visible and signifies that they may not be served or consume alcohol Date of Violation: Place: Presumptive Penalty: $2,000.00 Fine Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $2,000.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information and restrictions March 17, 1998 Licensed Premises 4. Police Report OFF ? OF T7� CITY Peg b.. , Ciry Attorney , CITY OF SA1NT PAUL Norm Cokman, Mayos April 1, 1998 Civil Division 400 Ciry Hal1 IS West Ke7logg Bhd Saint Paul, Mimtesota 55701 NOTICE OF VIOLATION Owner/Manager Club Cancun 1638 Rice street Saint Paul, MN 55117 ATTORNEY 98-yd z 7elephone: 6/ 2 266-87I0 FacsimrJe: 6)2 298-5679 RE: All licenses held by Richard A. Defoe Enterprises, Inc. d/b/a Club Cancun for the premises located at 1638 Rice St. in St. Paul License ID No.: 96027 Dear Sir/Madam: The D'uector of the Of�ce of License, Inspections and Environmental Protection will recommend that adverse action be taken against your licenses based on the following information: On March 17,1998, you or another employee sold alcohol to two underage persons in the above referenced establishment This is a violarion of your license condition #1 which requires that all persons under the age of 21 who enter the bar shall be identified as such using a method, such as a non- removable wrist-band or indelible ink stamp, which is visible and signifies that they may not be served or consume alcohol. If you do not dispute the above facts, please send me a letter stating that you do not contest the facts. The matter will then be scheduled before the Saint Paul City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your own behalf at that hearing. If you believe that the facts stated above are in error, you aze 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 writing no later than April 13, 1998 how you wish to proceed. , If you have not contac ' us by Apri113,1998, I will assume rt you are not contesting the facts and will schedule cnis matter for a hearing before the Ciry Council. �_ �� If you have any questions about these options, feei free to contact me at 266-8710. Sincerely, � �-� �� Virginia D. Paimer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Kathy Cole, Exec. Director, Dist 6 Planning Council, 1061 Rice St., St. Paul, MN 55117 Page 2 �8�y� z STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 1, 1995, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy hereof in an envelope addressed as follows: Owner/Manager Club Cancun 1638 Rice Street St. Paul, MN. 55117 . (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 this lst d vlo to before me ,11998 . Notary 9 �- y �z Lic ID ................... STAT ..............•••.... Business Name............ Doing Business As........ Address .................. Zip ...................... E� Date ...............•- License Name ............. NOTE AREA ................ Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond E�iration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. Dealer ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 96027 RS RICHARD A DEFOE ENTERPRISES INC CLUB CANCUN 1638 RICE ST 55117 06/04/98 RESTAURANT (B)-MORE THAN 12 SEATS ENTERTAINMENT-CLASS B GAMBLING LOCATION (CLASS A) SUNDAY ON SALE LIQUOR LIQ-ON SALE-OVER 200 SEATS-A 3/31/97 - LETTER RE ASSAULT REPORT CN 97-025490 DA TED 2/23/97 REQUESTING WRITTEN DETAILED DESCRIPTIO N OF EVENTS OF THAT MORNING BE SENT TO LIEP/JL 4/9/97 HOME INFO GIVEN TO WAYNE STICHA, PARALEGAL FOR THE THZLL LAW FIRM IN MPLS. 5/28/97 APPN LAID OVER TO 6/4/97 6/4/97 APPN FOR NEW ON SALE LIQ-A; SUNDAY ON SALE, REST-B, ENT-B, & GAMB LOC-A APP'D C.F. #97-630 7/23/97 EXP DATE CHANGED TO 6/4/98 TO COINCIDE WITH TFIE APPROVED DATE AND THE INS EXP DATE 1997-7% DISC APPLIED TO 2ND 1/2 A/R--LPA-LIC CENTURY SURETY CO CCP150664 11/14/97 06/04/98 1243443 � -"�-" - -� license Group Conditions Te�ct _ __Licens_ee:_ R�CHARDA DEFOEFNTER2RlSESJNC �BA� CLUB CANCUN Licence #: 0096027 03/18/1999 Z 1. The licensee shall insure that all individuals entering the licensed premises are propetiy identified to detertnine their age, and any individual under the age of 21 v/no is admitted to ihe 6ar or nightclub shall be identified as such using a method, such as a non-removable wristUand w indNible ink stamp, vfiich is visible and signifies that they may not be served or consume alcohol. 2. The licensee and all employees will undergo an Alcohol A�rareness Training Program through an agency approved by the IiEP o�ce and alI new employees shall be required to undergo training within four weeks of starting employment. d3/23/1998 12:43 6122926523 STPAULVICEUNIT PA6E B7 Pape_�_ ( ST.PAU�ppUCE DEPARTMEN7 7 � L7 Benveen: � h,s. on Comalsb 9�-yGz Properry Aoom - -_Onivlazch ,17 ,. 1 998.ihe.viceUnit,.Squad795.(F. Reilly) 792 (Sgt._Wachal�, and Squad 790 (Lt. Neuberger) assisted by T.IEP License Inspector Kris Schwemler conducted liquor -- ctsmpliance �Aecks. Ttte busuiess�s tkat v;Efe tesfe,d'a're addresses tliat either the VicEUn'rt - — ___, LIEP h� �ad complainYs regarding the sale of aicohol t.o uatderage_per�ons.pr_were idgntifiec�ky_,_______ __ WCCO TV in an investigative report on undenge alcohol sales. _.__ ___ Pnior to,going out to the businesses the underage decoys_provided by LIEP w�te Searched for __ money and any othez identifications. The decoys presented current photo 3dentification &om ---�-• which-�heir-da�eso£birtlrandthe'u-identitieswereverified.--It-wasdetermined-thatthedecoys------- were under the age of twenty-one. The decoys were photogaphed. Copies of the decoys' '' ide`ntification cards and'the photogtaphi tiiat w�ef� f3k�11 �2� fetained in tlie'�Vice �Tmt office.; '" . .--•- - ----- - ----. .. . . _ ._. ---- --- - - - --__........ ._. _..--- -��.,_____. __ At approximately 2120 hours bot6 ofthe decoys errcered Club Caacun 1638 Itice St St Paul, " The decoys signaled the vice oflicers that they had been serveti, --- .. ,_,____, decoys came, out ofthe Club Cancun and described the�erson_who serv_ed them as the bartender. ___ The decoy gave us a pfiysical descripiion of the bartender. Viea officers and the L]EP emplayee -- — ' — entere&the bnsiness; themseive�-and obt�ined a photo identificationfrom the The bartender was identified as AUERSCFTI��T, Wayne 7oseph (DOB 12-OS-60 of 16875 --,._ .. _._.__..---___.. .._...._.__� ___. . ____... ,--__..._. Florin Ave. Fainuns,�to� 2vZN 55024 (Fi)953-6399). The entire contents of the two beers •----served to,the.decoys remained in the beer-bottles. -The I,�P-emp�qyQ� �sk�d #o talk-with-the-- �----- . manager and DUERSCFR�T told her that he was the manager, _ . _ . . ------ ---- _ .._ o --�- ---•--�----• ----- �? � QYea � No I ] CHF ❑ Hom ❑ Rob ❑ Juv � Coord ❑ 10 ❑ Lab ❑ qac [] Team ❑ Sex � Rptr ] DJC [] Bwg Q Thatt � Prop (� CAb �] F8F � Aulo � OAO � CO Q HumServ .... _. ....__.._.. _. � � - --... ...-- — Q __ � ❑ Oti+er PM 621-92R MAR-23-1998 12�14 612292b523 97i p,g� OFFICE OF TFiE CITY ATTORNEY -- — PegBirk,CityAtforney 98-y62 CITY OF SAINT PAUL No'm Coleman, Mayor May 13, 1998 Ciril Dn�ision �100 Ciry Ha(I 15 11'es� Kellogg Blvd Saint Paul, ,1fim�esom .i.i102 NOTICE OF COUNCIL HEARI\G Owner/Manager Club Cancun 1638 Rice Street Saint Paui, Minnesota 55117 Telephone: 672166-8710 Facsimile: 612 298-5619 RE: All licenses held by Richazd A. Defoe Enterprises, Inc. d/b; a Club Cancun for the premises located at 1638 Rice St. in St. Paul License ID No.: 96027 Deaz Sir/Madam: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 27, I998 in the City Council Chambers, Third FIoor, Saint Paul City Hall and Ramsey County Courthouse. Bnclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their considerafion. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of alcohol to rivo undera�e persons and the faiIure to adhere to license condiYion #1, which requires Yhat ail persons under ihe a�e of 21 who enter the bar shall be identified as such using a method such as a non-removable wristUand or indelible ink stamp, have not been disputed. You will have an oppornuuty at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a $2,000.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, .' / � v G�� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Cole, Exec. Director, Dist. 6 Planning Council, 1061 Rice St., St. Paul, MN 55127 ��{�(\��C3�e�1 " S 1� `� "' Council File # O' l0 2 Green Sheet # [a�0 / / Presented By RESOLUTION ITY OF SAINT PAUL, MINNESOTA � �� 3� 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 Committee: Date 0�1� �'�ov,S0.Y�G��Ve.�yrc�rec��a��c..rSCY�7 ��SOC�.00� SOLVED, that the Licensee Richard A. Defoe Enterprises, Inc. d/bfa Club Cancun (Lic se ID No. 96027), located at 1638 Rice Street in Saint Paul is hereby ordered to pay a fine of , . for the violation of "Sale of Alcoholic Beverages to Under-Age Person" and for violating license condition #1, which requires that all persons under the age of 21 who enter the baz shall be identified as such using a method such as a non-removable wristband or indelible ink stamp, which is visible and signifies that they may not be served or consume alcohal and Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signarixre by the Mayor. This Resolution and the action taken by the Council in this matter are based upon the facts contained in the Saint Paul Police Report CN 98-037-804, flie facts of which are sLUnmarized in the April 1, 1998 Notice of Violation letter to the licensee, and such arguments as may ha�e been presented to the Council at the public hearing. The facts of the sale and the violation of the license condition were not contested by the licensee. Requested bY Department of: By: �./ ht �'" v ,-'�' By: Approved by Mayor: Form Approved by City Attorney BY = ,//wfP ! l�-w� --� � a � `'1 ,� Approved to Council By: , ��V y� J J "V`� —� / ay: Adopted by Council: ➢ate Adoption Certified by Council Se tary 98-v6z - ��- -- CONiACT PERSON & PFiONE Christine Rozek BE ON CIXINCILAGENQ4 BY May 27, 1998 - Public Hearing ROLtitNG ORDER TOTAL # OF SIGNATURE PAGES oe.ue,�rowECrart ❑ arc�nox�r ❑ anu.mK _ ❑ nuxcu��amvcaow. ❑ w++�xu�ua�nn.ccrc ❑ WYORIORASmTAMI) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against licenses held by Richard D. Defoe Enterprises, Inc. dba Club Cancun, 1638 Rice Street. (Uncontested) PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION VJhere. WhY) Has this Pe�Mrm everwaked uMer a contract for this departmeM? YES NO Has thie aereoMrtn ever been a ciFi emvbvce? . YES NO Does this V��M�m P� a sldN not namaUYG�%� M anY curteM cily empbyee4 YES NO Is this persoMfiim a qrpeted vendoYl rES rio aiain al1 ves answeB on ceDa2te Sheei arM atWCh W afee115heet AMOUNT OF TRANSACTION S COST/REVENUE BUDfiEfm (CIRCLE ON� YES NO ACTIVRY NUMBER 9�-y�Z . UNCONTESTED LICENSE HEARlNG Licensee Name: Richard A. Defoe Enterprises, Inc. d/b/a Club Cancun Address: 1638 Rice Street Council Hearing Date: May 27, 1998 Violation: Sale of Alcohol to an Underage Person Minn. Stat. § 304A.503 (1994) St. Paul Legislative Code § 409.08 Failure to follow license conditions, specifically condition #1, which requires that alf persons under the age of 21 who enter the bar shall be identified as such using a method, such as a non-removable wrist-band or indelibfe ink stamp, which is visible and signifies that they may not be served or consume alcohol Date of Violation: Place: Presumptive Penalty: $2,000.00 Fine Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $2,000.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information and restrictions March 17, 1998 Licensed Premises 4. Police Report OFF ? OF T7� CITY Peg b.. , Ciry Attorney , CITY OF SA1NT PAUL Norm Cokman, Mayos April 1, 1998 Civil Division 400 Ciry Hal1 IS West Ke7logg Bhd Saint Paul, Mimtesota 55701 NOTICE OF VIOLATION Owner/Manager Club Cancun 1638 Rice street Saint Paul, MN 55117 ATTORNEY 98-yd z 7elephone: 6/ 2 266-87I0 FacsimrJe: 6)2 298-5679 RE: All licenses held by Richard A. Defoe Enterprises, Inc. d/b/a Club Cancun for the premises located at 1638 Rice St. in St. Paul License ID No.: 96027 Dear Sir/Madam: The D'uector of the Of�ce of License, Inspections and Environmental Protection will recommend that adverse action be taken against your licenses based on the following information: On March 17,1998, you or another employee sold alcohol to two underage persons in the above referenced establishment This is a violarion of your license condition #1 which requires that all persons under the age of 21 who enter the bar shall be identified as such using a method, such as a non- removable wrist-band or indelible ink stamp, which is visible and signifies that they may not be served or consume alcohol. If you do not dispute the above facts, please send me a letter stating that you do not contest the facts. The matter will then be scheduled before the Saint Paul City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your own behalf at that hearing. If you believe that the facts stated above are in error, you aze 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 writing no later than April 13, 1998 how you wish to proceed. , If you have not contac ' us by Apri113,1998, I will assume rt you are not contesting the facts and will schedule cnis matter for a hearing before the Ciry Council. �_ �� If you have any questions about these options, feei free to contact me at 266-8710. Sincerely, � �-� �� Virginia D. Paimer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Kathy Cole, Exec. Director, Dist 6 Planning Council, 1061 Rice St., St. Paul, MN 55117 Page 2 �8�y� z STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 1, 1995, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy hereof in an envelope addressed as follows: Owner/Manager Club Cancun 1638 Rice Street St. Paul, MN. 55117 . (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 this lst d vlo to before me ,11998 . Notary 9 �- y �z Lic ID ................... STAT ..............•••.... Business Name............ Doing Business As........ Address .................. Zip ...................... E� Date ...............•- License Name ............. NOTE AREA ................ Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond E�iration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. Dealer ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 96027 RS RICHARD A DEFOE ENTERPRISES INC CLUB CANCUN 1638 RICE ST 55117 06/04/98 RESTAURANT (B)-MORE THAN 12 SEATS ENTERTAINMENT-CLASS B GAMBLING LOCATION (CLASS A) SUNDAY ON SALE LIQUOR LIQ-ON SALE-OVER 200 SEATS-A 3/31/97 - LETTER RE ASSAULT REPORT CN 97-025490 DA TED 2/23/97 REQUESTING WRITTEN DETAILED DESCRIPTIO N OF EVENTS OF THAT MORNING BE SENT TO LIEP/JL 4/9/97 HOME INFO GIVEN TO WAYNE STICHA, PARALEGAL FOR THE THZLL LAW FIRM IN MPLS. 5/28/97 APPN LAID OVER TO 6/4/97 6/4/97 APPN FOR NEW ON SALE LIQ-A; SUNDAY ON SALE, REST-B, ENT-B, & GAMB LOC-A APP'D C.F. #97-630 7/23/97 EXP DATE CHANGED TO 6/4/98 TO COINCIDE WITH TFIE APPROVED DATE AND THE INS EXP DATE 1997-7% DISC APPLIED TO 2ND 1/2 A/R--LPA-LIC CENTURY SURETY CO CCP150664 11/14/97 06/04/98 1243443 � -"�-" - -� license Group Conditions Te�ct _ __Licens_ee:_ R�CHARDA DEFOEFNTER2RlSESJNC �BA� CLUB CANCUN Licence #: 0096027 03/18/1999 Z 1. The licensee shall insure that all individuals entering the licensed premises are propetiy identified to detertnine their age, and any individual under the age of 21 v/no is admitted to ihe 6ar or nightclub shall be identified as such using a method, such as a non-removable wristUand w indNible ink stamp, vfiich is visible and signifies that they may not be served or consume alcohol. 2. The licensee and all employees will undergo an Alcohol A�rareness Training Program through an agency approved by the IiEP o�ce and alI new employees shall be required to undergo training within four weeks of starting employment. d3/23/1998 12:43 6122926523 STPAULVICEUNIT PA6E B7 Pape_�_ ( ST.PAU�ppUCE DEPARTMEN7 7 � L7 Benveen: � h,s. on Comalsb 9�-yGz Properry Aoom - -_Onivlazch ,17 ,. 1 998.ihe.viceUnit,.Squad795.(F. Reilly) 792 (Sgt._Wachal�, and Squad 790 (Lt. Neuberger) assisted by T.IEP License Inspector Kris Schwemler conducted liquor -- ctsmpliance �Aecks. Ttte busuiess�s tkat v;Efe tesfe,d'a're addresses tliat either the VicEUn'rt - — ___, LIEP h� �ad complainYs regarding the sale of aicohol t.o uatderage_per�ons.pr_were idgntifiec�ky_,_______ __ WCCO TV in an investigative report on undenge alcohol sales. _.__ ___ Pnior to,going out to the businesses the underage decoys_provided by LIEP w�te Searched for __ money and any othez identifications. The decoys presented current photo 3dentification &om ---�-• which-�heir-da�eso£birtlrandthe'u-identitieswereverified.--It-wasdetermined-thatthedecoys------- were under the age of twenty-one. The decoys were photogaphed. Copies of the decoys' '' ide`ntification cards and'the photogtaphi tiiat w�ef� f3k�11 �2� fetained in tlie'�Vice �Tmt office.; '" . .--•- - ----- - ----. .. . . _ ._. ---- --- - - - --__........ ._. _..--- -��.,_____. __ At approximately 2120 hours bot6 ofthe decoys errcered Club Caacun 1638 Itice St St Paul, " The decoys signaled the vice oflicers that they had been serveti, --- .. ,_,____, decoys came, out ofthe Club Cancun and described the�erson_who serv_ed them as the bartender. ___ The decoy gave us a pfiysical descripiion of the bartender. Viea officers and the L]EP emplayee -- — ' — entere&the bnsiness; themseive�-and obt�ined a photo identificationfrom the The bartender was identified as AUERSCFTI��T, Wayne 7oseph (DOB 12-OS-60 of 16875 --,._ .. _._.__..---___.. .._...._.__� ___. . ____... ,--__..._. Florin Ave. Fainuns,�to� 2vZN 55024 (Fi)953-6399). The entire contents of the two beers •----served to,the.decoys remained in the beer-bottles. -The I,�P-emp�qyQ� �sk�d #o talk-with-the-- �----- . manager and DUERSCFR�T told her that he was the manager, _ . _ . . ------ ---- _ .._ o --�- ---•--�----• ----- �? � QYea � No I ] CHF ❑ Hom ❑ Rob ❑ Juv � Coord ❑ 10 ❑ Lab ❑ qac [] Team ❑ Sex � Rptr ] DJC [] Bwg Q Thatt � Prop (� CAb �] F8F � Aulo � OAO � CO Q HumServ .... _. ....__.._.. _. � � - --... ...-- — Q __ � ❑ Oti+er PM 621-92R MAR-23-1998 12�14 612292b523 97i p,g� OFFICE OF TFiE CITY ATTORNEY -- — PegBirk,CityAtforney 98-y62 CITY OF SAINT PAUL No'm Coleman, Mayor May 13, 1998 Ciril Dn�ision �100 Ciry Ha(I 15 11'es� Kellogg Blvd Saint Paul, ,1fim�esom .i.i102 NOTICE OF COUNCIL HEARI\G Owner/Manager Club Cancun 1638 Rice Street Saint Paui, Minnesota 55117 Telephone: 672166-8710 Facsimile: 612 298-5619 RE: All licenses held by Richazd A. Defoe Enterprises, Inc. d/b; a Club Cancun for the premises located at 1638 Rice St. in St. Paul License ID No.: 96027 Deaz Sir/Madam: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 27, I998 in the City Council Chambers, Third FIoor, Saint Paul City Hall and Ramsey County Courthouse. Bnclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their considerafion. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of alcohol to rivo undera�e persons and the faiIure to adhere to license condiYion #1, which requires Yhat ail persons under ihe a�e of 21 who enter the bar shall be identified as such using a method such as a non-removable wristUand or indelible ink stamp, have not been disputed. You will have an oppornuuty at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a $2,000.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, .' / � v G�� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Cole, Exec. Director, Dist. 6 Planning Council, 1061 Rice St., St. Paul, MN 55127 ��{�(\��C3�e�1 " S 1� `� "' Council File # O' l0 2 Green Sheet # [a�0 / / Presented By RESOLUTION ITY OF SAINT PAUL, MINNESOTA � �� 3� 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 Committee: Date 0�1� �'�ov,S0.Y�G��Ve.�yrc�rec��a��c..rSCY�7 ��SOC�.00� SOLVED, that the Licensee Richard A. Defoe Enterprises, Inc. d/bfa Club Cancun (Lic se ID No. 96027), located at 1638 Rice Street in Saint Paul is hereby ordered to pay a fine of , . for the violation of "Sale of Alcoholic Beverages to Under-Age Person" and for violating license condition #1, which requires that all persons under the age of 21 who enter the baz shall be identified as such using a method such as a non-removable wristband or indelible ink stamp, which is visible and signifies that they may not be served or consume alcohal and Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signarixre by the Mayor. This Resolution and the action taken by the Council in this matter are based upon the facts contained in the Saint Paul Police Report CN 98-037-804, flie facts of which are sLUnmarized in the April 1, 1998 Notice of Violation letter to the licensee, and such arguments as may ha�e been presented to the Council at the public hearing. The facts of the sale and the violation of the license condition were not contested by the licensee. Requested bY Department of: By: �./ ht �'" v ,-'�' By: Approved by Mayor: Form Approved by City Attorney BY = ,//wfP ! l�-w� --� � a � `'1 ,� Approved to Council By: , ��V y� J J "V`� —� / ay: Adopted by Council: ➢ate Adoption Certified by Council Se tary 98-v6z - ��- -- CONiACT PERSON & PFiONE Christine Rozek BE ON CIXINCILAGENQ4 BY May 27, 1998 - Public Hearing ROLtitNG ORDER TOTAL # OF SIGNATURE PAGES oe.ue,�rowECrart ❑ arc�nox�r ❑ anu.mK _ ❑ nuxcu��amvcaow. ❑ w++�xu�ua�nn.ccrc ❑ WYORIORASmTAMI) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against licenses held by Richard D. Defoe Enterprises, Inc. dba Club Cancun, 1638 Rice Street. (Uncontested) PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION VJhere. WhY) Has this Pe�Mrm everwaked uMer a contract for this departmeM? YES NO Has thie aereoMrtn ever been a ciFi emvbvce? . YES NO Does this V��M�m P� a sldN not namaUYG�%� M anY curteM cily empbyee4 YES NO Is this persoMfiim a qrpeted vendoYl rES rio aiain al1 ves answeB on ceDa2te Sheei arM atWCh W afee115heet AMOUNT OF TRANSACTION S COST/REVENUE BUDfiEfm (CIRCLE ON� YES NO ACTIVRY NUMBER 9�-y�Z . UNCONTESTED LICENSE HEARlNG Licensee Name: Richard A. Defoe Enterprises, Inc. d/b/a Club Cancun Address: 1638 Rice Street Council Hearing Date: May 27, 1998 Violation: Sale of Alcohol to an Underage Person Minn. Stat. § 304A.503 (1994) St. Paul Legislative Code § 409.08 Failure to follow license conditions, specifically condition #1, which requires that alf persons under the age of 21 who enter the bar shall be identified as such using a method, such as a non-removable wrist-band or indelibfe ink stamp, which is visible and signifies that they may not be served or consume alcohol Date of Violation: Place: Presumptive Penalty: $2,000.00 Fine Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $2,000.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information and restrictions March 17, 1998 Licensed Premises 4. Police Report OFF ? OF T7� CITY Peg b.. , Ciry Attorney , CITY OF SA1NT PAUL Norm Cokman, Mayos April 1, 1998 Civil Division 400 Ciry Hal1 IS West Ke7logg Bhd Saint Paul, Mimtesota 55701 NOTICE OF VIOLATION Owner/Manager Club Cancun 1638 Rice street Saint Paul, MN 55117 ATTORNEY 98-yd z 7elephone: 6/ 2 266-87I0 FacsimrJe: 6)2 298-5679 RE: All licenses held by Richard A. Defoe Enterprises, Inc. d/b/a Club Cancun for the premises located at 1638 Rice St. in St. Paul License ID No.: 96027 Dear Sir/Madam: The D'uector of the Of�ce of License, Inspections and Environmental Protection will recommend that adverse action be taken against your licenses based on the following information: On March 17,1998, you or another employee sold alcohol to two underage persons in the above referenced establishment This is a violarion of your license condition #1 which requires that all persons under the age of 21 who enter the bar shall be identified as such using a method, such as a non- removable wrist-band or indelible ink stamp, which is visible and signifies that they may not be served or consume alcohol. If you do not dispute the above facts, please send me a letter stating that you do not contest the facts. The matter will then be scheduled before the Saint Paul City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your own behalf at that hearing. If you believe that the facts stated above are in error, you aze 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 writing no later than April 13, 1998 how you wish to proceed. , If you have not contac ' us by Apri113,1998, I will assume rt you are not contesting the facts and will schedule cnis matter for a hearing before the Ciry Council. �_ �� If you have any questions about these options, feei free to contact me at 266-8710. Sincerely, � �-� �� Virginia D. Paimer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Kathy Cole, Exec. Director, Dist 6 Planning Council, 1061 Rice St., St. Paul, MN 55117 Page 2 �8�y� z STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 1, 1995, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy hereof in an envelope addressed as follows: Owner/Manager Club Cancun 1638 Rice Street St. Paul, MN. 55117 . (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 this lst d vlo to before me ,11998 . Notary 9 �- y �z Lic ID ................... STAT ..............•••.... Business Name............ Doing Business As........ Address .................. Zip ...................... E� Date ...............•- License Name ............. NOTE AREA ................ Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond E�iration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. Dealer ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 96027 RS RICHARD A DEFOE ENTERPRISES INC CLUB CANCUN 1638 RICE ST 55117 06/04/98 RESTAURANT (B)-MORE THAN 12 SEATS ENTERTAINMENT-CLASS B GAMBLING LOCATION (CLASS A) SUNDAY ON SALE LIQUOR LIQ-ON SALE-OVER 200 SEATS-A 3/31/97 - LETTER RE ASSAULT REPORT CN 97-025490 DA TED 2/23/97 REQUESTING WRITTEN DETAILED DESCRIPTIO N OF EVENTS OF THAT MORNING BE SENT TO LIEP/JL 4/9/97 HOME INFO GIVEN TO WAYNE STICHA, PARALEGAL FOR THE THZLL LAW FIRM IN MPLS. 5/28/97 APPN LAID OVER TO 6/4/97 6/4/97 APPN FOR NEW ON SALE LIQ-A; SUNDAY ON SALE, REST-B, ENT-B, & GAMB LOC-A APP'D C.F. #97-630 7/23/97 EXP DATE CHANGED TO 6/4/98 TO COINCIDE WITH TFIE APPROVED DATE AND THE INS EXP DATE 1997-7% DISC APPLIED TO 2ND 1/2 A/R--LPA-LIC CENTURY SURETY CO CCP150664 11/14/97 06/04/98 1243443 � -"�-" - -� license Group Conditions Te�ct _ __Licens_ee:_ R�CHARDA DEFOEFNTER2RlSESJNC �BA� CLUB CANCUN Licence #: 0096027 03/18/1999 Z 1. The licensee shall insure that all individuals entering the licensed premises are propetiy identified to detertnine their age, and any individual under the age of 21 v/no is admitted to ihe 6ar or nightclub shall be identified as such using a method, such as a non-removable wristUand w indNible ink stamp, vfiich is visible and signifies that they may not be served or consume alcohol. 2. The licensee and all employees will undergo an Alcohol A�rareness Training Program through an agency approved by the IiEP o�ce and alI new employees shall be required to undergo training within four weeks of starting employment. d3/23/1998 12:43 6122926523 STPAULVICEUNIT PA6E B7 Pape_�_ ( ST.PAU�ppUCE DEPARTMEN7 7 � L7 Benveen: � h,s. on Comalsb 9�-yGz Properry Aoom - -_Onivlazch ,17 ,. 1 998.ihe.viceUnit,.Squad795.(F. Reilly) 792 (Sgt._Wachal�, and Squad 790 (Lt. Neuberger) assisted by T.IEP License Inspector Kris Schwemler conducted liquor -- ctsmpliance �Aecks. Ttte busuiess�s tkat v;Efe tesfe,d'a're addresses tliat either the VicEUn'rt - — ___, LIEP h� �ad complainYs regarding the sale of aicohol t.o uatderage_per�ons.pr_were idgntifiec�ky_,_______ __ WCCO TV in an investigative report on undenge alcohol sales. _.__ ___ Pnior to,going out to the businesses the underage decoys_provided by LIEP w�te Searched for __ money and any othez identifications. The decoys presented current photo 3dentification &om ---�-• which-�heir-da�eso£birtlrandthe'u-identitieswereverified.--It-wasdetermined-thatthedecoys------- were under the age of twenty-one. The decoys were photogaphed. Copies of the decoys' '' ide`ntification cards and'the photogtaphi tiiat w�ef� f3k�11 �2� fetained in tlie'�Vice �Tmt office.; '" . .--•- - ----- - ----. .. . . _ ._. ---- --- - - - --__........ ._. _..--- -��.,_____. __ At approximately 2120 hours bot6 ofthe decoys errcered Club Caacun 1638 Itice St St Paul, " The decoys signaled the vice oflicers that they had been serveti, --- .. ,_,____, decoys came, out ofthe Club Cancun and described the�erson_who serv_ed them as the bartender. ___ The decoy gave us a pfiysical descripiion of the bartender. Viea officers and the L]EP emplayee -- — ' — entere&the bnsiness; themseive�-and obt�ined a photo identificationfrom the The bartender was identified as AUERSCFTI��T, Wayne 7oseph (DOB 12-OS-60 of 16875 --,._ .. _._.__..---___.. .._...._.__� ___. . ____... ,--__..._. Florin Ave. Fainuns,�to� 2vZN 55024 (Fi)953-6399). The entire contents of the two beers •----served to,the.decoys remained in the beer-bottles. -The I,�P-emp�qyQ� �sk�d #o talk-with-the-- �----- . manager and DUERSCFR�T told her that he was the manager, _ . _ . . ------ ---- _ .._ o --�- ---•--�----• ----- �? � QYea � No I ] CHF ❑ Hom ❑ Rob ❑ Juv � Coord ❑ 10 ❑ Lab ❑ qac [] Team ❑ Sex � Rptr ] DJC [] Bwg Q Thatt � Prop (� CAb �] F8F � Aulo � OAO � CO Q HumServ .... _. ....__.._.. _. � � - --... ...-- — Q __ � ❑ Oti+er PM 621-92R MAR-23-1998 12�14 612292b523 97i p,g� OFFICE OF TFiE CITY ATTORNEY -- — PegBirk,CityAtforney 98-y62 CITY OF SAINT PAUL No'm Coleman, Mayor May 13, 1998 Ciril Dn�ision �100 Ciry Ha(I 15 11'es� Kellogg Blvd Saint Paul, ,1fim�esom .i.i102 NOTICE OF COUNCIL HEARI\G Owner/Manager Club Cancun 1638 Rice Street Saint Paui, Minnesota 55117 Telephone: 672166-8710 Facsimile: 612 298-5619 RE: All licenses held by Richazd A. Defoe Enterprises, Inc. d/b; a Club Cancun for the premises located at 1638 Rice St. in St. Paul License ID No.: 96027 Deaz Sir/Madam: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 27, I998 in the City Council Chambers, Third FIoor, Saint Paul City Hall and Ramsey County Courthouse. Bnclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their considerafion. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of alcohol to rivo undera�e persons and the faiIure to adhere to license condiYion #1, which requires Yhat ail persons under ihe a�e of 21 who enter the bar shall be identified as such using a method such as a non-removable wristUand or indelible ink stamp, have not been disputed. You will have an oppornuuty at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a $2,000.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, .' / � v G�� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Cole, Exec. Director, Dist. 6 Planning Council, 1061 Rice St., St. Paul, MN 55127