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98-463council �'iYe �!� Green Sheet # � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To �0 Committee: Date 1 2 3 RESOLVED, that the Licensee Saykham Sengmavong dlbfa Family Lao-Thai Restaurant 4 (License ID No. 22082), located at 501 Universiry Avenue West in Saint Paul is hereby ordered 5 to pay a fine of $500.00 for the violafion of "Failure to Take Reasonable Steps to Stop Person From 6 Leaving Premises with Alcoholic Beverage." 7 8 Said fine shall be paid to the Office of License, Inspections and Environmental Protection 9 within tl�u•fy (30) days of the adoption of this resolufion by the Cotmcil and signature by the Mayor. 10 11 FURTHER RESOLVED, that the Licensee is required to immediately obtain the appropriate 12 entertainment license from the Office of License Inspections and Environmental Protection. This 13 requirement shall be added as a condition to the license. 14 1 S This resolution and the action of the Council in tYus matter are based upon the facts contained 16 in the Nofice of Violation letter to the licensee, the investigation report, and such arguments as may 17 have been presented to the Council at the pubiic hearing. The facts of the violations were not 18 contested by thelicensee. 19 ZO 21 22 23 24 Requested by Department o£: Adopted by Council: Date �� Adoption Certified by Council Se tary Sy: Approved by Mayor: j t� T -� /'y / BY : l � l�v�-� /�' "�c/'C_/ Form Approved by City Attorney Bv: Approved by Mayor for Submission to Council BY ' - — � - -- - -�V v�'.� w � ` By : 9 g-y�3 , SHEET No 60893 Christine Rozek May 27, 1998 - Public Hearing TOTAI # OF SIGNATURE PAGES ��,�,.��,� ��,�, ❑ a,.�...�. ❑ a„�� _ ❑nuerJa�.a¢xv�crsmc ❑puxcu�aEmnccrc ❑ r�vort(oR.umsn�xry ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Concerning adverse acYion againsC licenses held by Saykham Sengmavong, dba Family Lao- Thai Restaurant, 501 University Avenue West. (Uncontested) PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION TRAN511CTION RSONAL SERVICE CON7RACT5 MUST ANSWER TXE FOLLOWING QUESiIONS: F�35 }f15 pElSOflK11T EVEf NUl�f2(� UIIUM 8 WlIfIBC� fM �1116 QEp2f�111EII17 YES NO Has Nis persoMrm ever been a city empbyee? YES NO Ooestl� P�M� 0� s sldN not normelbP� bY �Y curtent ci�! emP�oYee? rES wo Is Nie pe�son/Pom a targeted vendoR YES NO COST/tYEVENUE eUD6ETE0IGRCLE ONfiS YES NO SOURCE ACTNIiYNUMBER INFORMATION (IXPW� OFFICE OF THE CITY ATTORNEY Peg Birk, City Atlorney � b, �// 2 O_ 7 70- J � SAtNT PAUL � AAAA CIT'� OF SAINT PAUL Norm Caleman, Mayor May 12, 1998 Civil Division a00 Ciry Nott 1 S West Kello� BTvd Sain! Paul. .7�rnrsesolQ Sj702 NOTICE OF COUNCIL FTEARING Roland J. Theiler Karney & Theiler, P.A. 1300 Godwazd Street N.E., Suite 6150 Minneapolis, Minnesota 5�413 License ID No.: 22082 Our File Number: G98-0170 Telephone: 612 266-87I0 Facsimile: 6l2 298-5679 RE: A11 licenses held by Saykham Sengmavong d/b/a Family LaaThai Restaivant for the premises located at 501 Uzuversity Ave. W. in St. Paul Deaz Mr. Theiler: Please take no6ce that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 27,1998 in the City Council Chambers, Tl�ird Floor, Saint Faul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolufion and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts conceming the violafions of an un-licensed Off-Sale of alcohol and providing entertainment without a license haue not been disputed. You will have an opportunity 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$500.00 fine and the addition of a condi6on on the license that the licensee must obtain an Entertainment license.. If you have any questions, please cali me at 266-8710. Very truly yours, _ �� Virguaia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Airector, Thomas-Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 9�-y�3 UNCONTESTED LICENSE HEARING Licensee Name: Address: Saykham Sengmavong d/b/a Family lao-Thai Restaurant 501 University Avenue West Councif Hearing Date: May 27, '1998 Violations: Off-Sale ofi Alcoholic Beverage wlo Off-Sale License St. Paui Legislative Code § 409.08(15) Providing Live Entertainment wlo Entertainment Licence St. Pauf Legislative Code § 411.01 4 Date of Violation April 18, 1998 Place: Licensed Premises $500.00 Fine (first offense) Presumptive Pena{ty: Recommendation of Assistant City Attorney on beha{f of client, Office of License, lnspections and Environmental Protection: 1. $500.00 Fine 2. License Condition Requiring Licensee to Obtain Entertainment License Attachments: 1. Proposed resolution 2. Letter from licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Violation Report ' I i KARNEY & THEILER, P.A. ------hAORNEYSRTCAW � SURE 6150 7300 GODWARD STREET N.E MINNEAPOLIS, MINNESOTA 55473 MAflK A. KARNEY ROL4ND J. THEILER THOMAS T. YANG Virginia Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 VIA FACSIMILE AND U.S, kIAIL . RE: All licenses held by Saykham Sengmavong d/bfa Family Lao-Thai Restaurant for the property located at 501 University Avenue West in St. Paul License ID No.: 22a82 Dear Ms. Palmer: O� CounSN: JAMES J. LAWTON In As we discussed, I represent Mr. Saykam Sengmavong d/b/a Family Lao-Thai Restaurant for the incident on April 18, 199s whereby someone mistakenly sold bear off-sale in an establishment having an on-sale license. The basic facts of this unfortunate incident are not disputed. kTe respe�tfully request a hearing before the St. Paul City Council. Please let me know the times and dates and anything my client or I will need to bring. Please feel free to contact me by phone. RJT : j,d� (612) 331d500 (800) 7D0-0501 FAX 331-7740 April 29, 1998 Sincerely, �� ' I Roland J. Theiler �y bx�. p y C � 6'd�� L �� AP1� 3 Q �g98 � � A �.� � � �F�� OFFI�"' OF T!-IE CITY ATTORNEY PegBi. "rtyAttorney J �� CIT'Y OF SAINT PAIJL Civil Drvisian NormCoteman,Mayo� 400CiryHall Telephone:612166-8�10 ISA'es7Ke11oggBTvd Facsimile:61Z298-5679 Saira Paul, �nnesom SSIO2 " ...i� Apri121, 1998 NOTICE OF VIOLATION OwnerlManager Family Lao-Thai Restaurant 501 University Avenue Saint Paul, Minnesota 55103 RE: A11 licenses heid by Saykham Sengsnavong d/b/a Family Lao-Thai Restaurant for the property located at 501 University Ave. W. in St. Paul License ID No.: 22082 Deaz SirlMadam: The Director of the Office of License, Inspections and Environmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: On April 18, 1998 at approximately 11:45 p.m. an employee of the Office of License, Inspecrions and Environmental Protection entered the premises and purchased an order of chicken �ings and a bottle of Killian's Trish Red beer "to go", and was permitted to leave the establishment with the beer. Your establishment has a Malt On-Sale license, which only permits the sale of liquor for consumption on the premises. This is a violation of Saint Paul Legislative Code §409.08(iS�. Addifionally, the individual observed that there was a live band performing, although there is no entertainment license for the premises. This is a violafion of Saint Paui Legislative Code §411.01. If you do not dispute the above facts, please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to deternune what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behal� or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, we will schedule an evidentiary hearing before an Administtative Law Judge (AL.�. If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing," so you Page 2 Family Lao-Thai Re�aurant Apri121,1998 _ __ will know when and where to appear, and what the basis for the hearing will be. 9��y� In either case, please let me I�ow in writing no later than Friday, May 1,1998, how you would like to proceed. If I have not heard from you by that date I will assume that yon are not contesting the facts. The matfer vvill then be scheduled for the hearing before the St Paul City Council. If you have any questions, feel free to call me or have your attomey ca11 me at 266-8710. Sincerely, `� , �� Virginia D. Palmer Assistant City Attorney cc: Saykham Sengmavong, 11240 Utica Ave., Bloomington, MN 55437 Robert Kessler, D'uector, LIEP Christine Rozek, LIEP 9�-v� STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. �,FFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 21, 1998, 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: Owner/Manager Family Lao-Thai Restaurant 501 University Avenue St_ Paul, MN. 55103 5ayikham Sengmavong 11240 Utica Avenue Bloomington, MN. 55437 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. . Subscribed and sworn to before me this 21st day of April, 1998. 0 . ! �� Notary Public � RITA IN. BOSSARD � t�OTAFY RU�GC—MR:i:ESOTA y �� F.?,h-tSEY COURiTY z� . My Cqmm. E;c7ires Jzn. 31. 2CC; � s a of said persons) and depositing the United States mails at St. �'8- yG3 --- -- - --- Lic ID ................... STAT ..................... Business Name......._.._. Address .................. Zip ....................•- Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ TaxId ................... Worker Comp Exp Date..... Telephone ................ 22082 AC SENGMAVONG, SAYKHAM 501 UNIVERSITY AVE W 55103 FAMILY LAO-THAI RESTAURANT RESTAURANT (B)-MORE THAN 12 SEATS ON SALE MALT (5TRONG BEER) WINE ON SALE O1j16/99 WAIVER LETTER WAIVED O1/17/98 OWNER 13144 PH NOTICE MAILED 1/5/96 HEARING SET FOR 2/14/96 96 MAILED, 33 3MAILED, 2 I1vTBROFFICE 1/5/96 LIC EXP DATE CHANGED TO 1/17/97 WjINS EXP DATE--LAP-LIC 2/14/96 APPN FOR NEW ON SALE MALT (3.2) RESTAURANT(B) APP'D C.F. #96-153 5j7/97 UPGRADE TO ON SALE MALT(STRONG) C.F. #97-516 2454295 `I'O COINCIDE �[iii7 APP'D OFFICE OF LICENSE, INSPECTIONS AND �/� _� ENVIRONMENTALPROTF.CTION � CITY OF SAINT PAUL Norm Calemnn, Mayor Apri120, 1998 To: Fr: Re: Robert Kessler Troy Gilbertson Family Lao-Thai Restaurant 501 University Avenue West IAWRYPROFESSIONAL BUlLD7NG Suiie 300 350 S[ Peter Street Saint Pnul, Minnuota SS102-I570 7elephone: 612-266-9090 Facs(mile: 672-26b9099 672-1669114 Acting on information from the Saint Paul Police Department, Saturday April 18, 1998 at approximately 11:45 p.m., I attempted to enter Family Lao-Thai Restaurant. Tlus establishment currently has an active Malt On-Sale (Strong Beer License), a Restaurant (B) License, and a Wine On-Sale Lacense. The posted business hours on the front of the building indicated the establishment was closed and the front business door of the establishment was locked. However, cleaziy visible through the University Avenue &ont windows, the establishment was serving alcoholic beverages and food to customers. Also visible was a musical band of approximately five perforxners and musical instruments. I lrnocked on the front door and a uniformed private security guard opened the door and ailowed me access. 'Fhe guard did not "cazd" me, or ask for any form of identification. He stated that I could enter and place an order, but that "it is a private club, and you will have to order take-out." I then entered and walked to the business counter and ordered chicken wings and one bottie of ICillian's Irish Red to go. There were several different brands of beer available, but I was unable to confirm any sale of hard liquor. While waiting for the food, I observed many customers which may have been under age. At no point in the establishment was I or any customer cazded. Several minutes later, the food and beer (a different brand was actually included) was wrapped in a lazge brown paper bag. I eacisted the establishment with the paper bag containing one bottle of unopened beer and food. Family Lao-Thai Restaurant illegally served off-sale liquor, allowed entertainment without the appropriate license, and may be serviug to under-age patrons. cc: Ginger Palmer, Assistant City Attorney Cluistine Rozek, LIEP Kris Schweinler, LIEP Lt. Newburger, SPPD council �'iYe �!� Green Sheet # � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To �0 Committee: Date 1 2 3 RESOLVED, that the Licensee Saykham Sengmavong dlbfa Family Lao-Thai Restaurant 4 (License ID No. 22082), located at 501 Universiry Avenue West in Saint Paul is hereby ordered 5 to pay a fine of $500.00 for the violafion of "Failure to Take Reasonable Steps to Stop Person From 6 Leaving Premises with Alcoholic Beverage." 7 8 Said fine shall be paid to the Office of License, Inspections and Environmental Protection 9 within tl�u•fy (30) days of the adoption of this resolufion by the Cotmcil and signature by the Mayor. 10 11 FURTHER RESOLVED, that the Licensee is required to immediately obtain the appropriate 12 entertainment license from the Office of License Inspections and Environmental Protection. This 13 requirement shall be added as a condition to the license. 14 1 S This resolution and the action of the Council in tYus matter are based upon the facts contained 16 in the Nofice of Violation letter to the licensee, the investigation report, and such arguments as may 17 have been presented to the Council at the pubiic hearing. The facts of the violations were not 18 contested by thelicensee. 19 ZO 21 22 23 24 Requested by Department o£: Adopted by Council: Date �� Adoption Certified by Council Se tary Sy: Approved by Mayor: j t� T -� /'y / BY : l � l�v�-� /�' "�c/'C_/ Form Approved by City Attorney Bv: Approved by Mayor for Submission to Council BY ' - — � - -- - -�V v�'.� w � ` By : 9 g-y�3 , SHEET No 60893 Christine Rozek May 27, 1998 - Public Hearing TOTAI # OF SIGNATURE PAGES ��,�,.��,� ��,�, ❑ a,.�...�. ❑ a„�� _ ❑nuerJa�.a¢xv�crsmc ❑puxcu�aEmnccrc ❑ r�vort(oR.umsn�xry ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Concerning adverse acYion againsC licenses held by Saykham Sengmavong, dba Family Lao- Thai Restaurant, 501 University Avenue West. (Uncontested) PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION TRAN511CTION RSONAL SERVICE CON7RACT5 MUST ANSWER TXE FOLLOWING QUESiIONS: F�35 }f15 pElSOflK11T EVEf NUl�f2(� UIIUM 8 WlIfIBC� fM �1116 QEp2f�111EII17 YES NO Has Nis persoMrm ever been a city empbyee? YES NO Ooestl� P�M� 0� s sldN not normelbP� bY �Y curtent ci�! emP�oYee? rES wo Is Nie pe�son/Pom a targeted vendoR YES NO COST/tYEVENUE eUD6ETE0IGRCLE ONfiS YES NO SOURCE ACTNIiYNUMBER INFORMATION (IXPW� OFFICE OF THE CITY ATTORNEY Peg Birk, City Atlorney � b, �// 2 O_ 7 70- J � SAtNT PAUL � AAAA CIT'� OF SAINT PAUL Norm Caleman, Mayor May 12, 1998 Civil Division a00 Ciry Nott 1 S West Kello� BTvd Sain! Paul. .7�rnrsesolQ Sj702 NOTICE OF COUNCIL FTEARING Roland J. Theiler Karney & Theiler, P.A. 1300 Godwazd Street N.E., Suite 6150 Minneapolis, Minnesota 5�413 License ID No.: 22082 Our File Number: G98-0170 Telephone: 612 266-87I0 Facsimile: 6l2 298-5679 RE: A11 licenses held by Saykham Sengmavong d/b/a Family LaaThai Restaivant for the premises located at 501 Uzuversity Ave. W. in St. Paul Deaz Mr. Theiler: Please take no6ce that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 27,1998 in the City Council Chambers, Tl�ird Floor, Saint Faul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolufion and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts conceming the violafions of an un-licensed Off-Sale of alcohol and providing entertainment without a license haue not been disputed. You will have an opportunity 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$500.00 fine and the addition of a condi6on on the license that the licensee must obtain an Entertainment license.. If you have any questions, please cali me at 266-8710. Very truly yours, _ �� Virguaia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Airector, Thomas-Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 9�-y�3 UNCONTESTED LICENSE HEARING Licensee Name: Address: Saykham Sengmavong d/b/a Family lao-Thai Restaurant 501 University Avenue West Councif Hearing Date: May 27, '1998 Violations: Off-Sale ofi Alcoholic Beverage wlo Off-Sale License St. Paui Legislative Code § 409.08(15) Providing Live Entertainment wlo Entertainment Licence St. Pauf Legislative Code § 411.01 4 Date of Violation April 18, 1998 Place: Licensed Premises $500.00 Fine (first offense) Presumptive Pena{ty: Recommendation of Assistant City Attorney on beha{f of client, Office of License, lnspections and Environmental Protection: 1. $500.00 Fine 2. License Condition Requiring Licensee to Obtain Entertainment License Attachments: 1. Proposed resolution 2. Letter from licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Violation Report ' I i KARNEY & THEILER, P.A. ------hAORNEYSRTCAW � SURE 6150 7300 GODWARD STREET N.E MINNEAPOLIS, MINNESOTA 55473 MAflK A. KARNEY ROL4ND J. THEILER THOMAS T. YANG Virginia Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 VIA FACSIMILE AND U.S, kIAIL . RE: All licenses held by Saykham Sengmavong d/bfa Family Lao-Thai Restaurant for the property located at 501 University Avenue West in St. Paul License ID No.: 22a82 Dear Ms. Palmer: O� CounSN: JAMES J. LAWTON In As we discussed, I represent Mr. Saykam Sengmavong d/b/a Family Lao-Thai Restaurant for the incident on April 18, 199s whereby someone mistakenly sold bear off-sale in an establishment having an on-sale license. The basic facts of this unfortunate incident are not disputed. kTe respe�tfully request a hearing before the St. Paul City Council. Please let me know the times and dates and anything my client or I will need to bring. Please feel free to contact me by phone. RJT : j,d� (612) 331d500 (800) 7D0-0501 FAX 331-7740 April 29, 1998 Sincerely, �� ' I Roland J. Theiler �y bx�. p y C � 6'd�� L �� AP1� 3 Q �g98 � � A �.� � � �F�� OFFI�"' OF T!-IE CITY ATTORNEY PegBi. "rtyAttorney J �� CIT'Y OF SAINT PAIJL Civil Drvisian NormCoteman,Mayo� 400CiryHall Telephone:612166-8�10 ISA'es7Ke11oggBTvd Facsimile:61Z298-5679 Saira Paul, �nnesom SSIO2 " ...i� Apri121, 1998 NOTICE OF VIOLATION OwnerlManager Family Lao-Thai Restaurant 501 University Avenue Saint Paul, Minnesota 55103 RE: A11 licenses heid by Saykham Sengsnavong d/b/a Family Lao-Thai Restaurant for the property located at 501 University Ave. W. in St. Paul License ID No.: 22082 Deaz SirlMadam: The Director of the Office of License, Inspections and Environmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: On April 18, 1998 at approximately 11:45 p.m. an employee of the Office of License, Inspecrions and Environmental Protection entered the premises and purchased an order of chicken �ings and a bottle of Killian's Trish Red beer "to go", and was permitted to leave the establishment with the beer. Your establishment has a Malt On-Sale license, which only permits the sale of liquor for consumption on the premises. This is a violation of Saint Paul Legislative Code §409.08(iS�. Addifionally, the individual observed that there was a live band performing, although there is no entertainment license for the premises. This is a violafion of Saint Paui Legislative Code §411.01. If you do not dispute the above facts, please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to deternune what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behal� or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, we will schedule an evidentiary hearing before an Administtative Law Judge (AL.�. If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing," so you Page 2 Family Lao-Thai Re�aurant Apri121,1998 _ __ will know when and where to appear, and what the basis for the hearing will be. 9��y� In either case, please let me I�ow in writing no later than Friday, May 1,1998, how you would like to proceed. If I have not heard from you by that date I will assume that yon are not contesting the facts. The matfer vvill then be scheduled for the hearing before the St Paul City Council. If you have any questions, feel free to call me or have your attomey ca11 me at 266-8710. Sincerely, `� , �� Virginia D. Palmer Assistant City Attorney cc: Saykham Sengmavong, 11240 Utica Ave., Bloomington, MN 55437 Robert Kessler, D'uector, LIEP Christine Rozek, LIEP 9�-v� STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. �,FFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 21, 1998, 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: Owner/Manager Family Lao-Thai Restaurant 501 University Avenue St_ Paul, MN. 55103 5ayikham Sengmavong 11240 Utica Avenue Bloomington, MN. 55437 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. . Subscribed and sworn to before me this 21st day of April, 1998. 0 . ! �� Notary Public � RITA IN. BOSSARD � t�OTAFY RU�GC—MR:i:ESOTA y �� F.?,h-tSEY COURiTY z� . My Cqmm. E;c7ires Jzn. 31. 2CC; � s a of said persons) and depositing the United States mails at St. �'8- yG3 --- -- - --- Lic ID ................... STAT ..................... Business Name......._.._. Address .................. Zip ....................•- Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ TaxId ................... Worker Comp Exp Date..... Telephone ................ 22082 AC SENGMAVONG, SAYKHAM 501 UNIVERSITY AVE W 55103 FAMILY LAO-THAI RESTAURANT RESTAURANT (B)-MORE THAN 12 SEATS ON SALE MALT (5TRONG BEER) WINE ON SALE O1j16/99 WAIVER LETTER WAIVED O1/17/98 OWNER 13144 PH NOTICE MAILED 1/5/96 HEARING SET FOR 2/14/96 96 MAILED, 33 3MAILED, 2 I1vTBROFFICE 1/5/96 LIC EXP DATE CHANGED TO 1/17/97 WjINS EXP DATE--LAP-LIC 2/14/96 APPN FOR NEW ON SALE MALT (3.2) RESTAURANT(B) APP'D C.F. #96-153 5j7/97 UPGRADE TO ON SALE MALT(STRONG) C.F. #97-516 2454295 `I'O COINCIDE �[iii7 APP'D OFFICE OF LICENSE, INSPECTIONS AND �/� _� ENVIRONMENTALPROTF.CTION � CITY OF SAINT PAUL Norm Calemnn, Mayor Apri120, 1998 To: Fr: Re: Robert Kessler Troy Gilbertson Family Lao-Thai Restaurant 501 University Avenue West IAWRYPROFESSIONAL BUlLD7NG Suiie 300 350 S[ Peter Street Saint Pnul, Minnuota SS102-I570 7elephone: 612-266-9090 Facs(mile: 672-26b9099 672-1669114 Acting on information from the Saint Paul Police Department, Saturday April 18, 1998 at approximately 11:45 p.m., I attempted to enter Family Lao-Thai Restaurant. Tlus establishment currently has an active Malt On-Sale (Strong Beer License), a Restaurant (B) License, and a Wine On-Sale Lacense. The posted business hours on the front of the building indicated the establishment was closed and the front business door of the establishment was locked. However, cleaziy visible through the University Avenue &ont windows, the establishment was serving alcoholic beverages and food to customers. Also visible was a musical band of approximately five perforxners and musical instruments. I lrnocked on the front door and a uniformed private security guard opened the door and ailowed me access. 'Fhe guard did not "cazd" me, or ask for any form of identification. He stated that I could enter and place an order, but that "it is a private club, and you will have to order take-out." I then entered and walked to the business counter and ordered chicken wings and one bottie of ICillian's Irish Red to go. There were several different brands of beer available, but I was unable to confirm any sale of hard liquor. While waiting for the food, I observed many customers which may have been under age. At no point in the establishment was I or any customer cazded. Several minutes later, the food and beer (a different brand was actually included) was wrapped in a lazge brown paper bag. I eacisted the establishment with the paper bag containing one bottle of unopened beer and food. Family Lao-Thai Restaurant illegally served off-sale liquor, allowed entertainment without the appropriate license, and may be serviug to under-age patrons. cc: Ginger Palmer, Assistant City Attorney Cluistine Rozek, LIEP Kris Schweinler, LIEP Lt. Newburger, SPPD council �'iYe �!� Green Sheet # � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To �0 Committee: Date 1 2 3 RESOLVED, that the Licensee Saykham Sengmavong dlbfa Family Lao-Thai Restaurant 4 (License ID No. 22082), located at 501 Universiry Avenue West in Saint Paul is hereby ordered 5 to pay a fine of $500.00 for the violafion of "Failure to Take Reasonable Steps to Stop Person From 6 Leaving Premises with Alcoholic Beverage." 7 8 Said fine shall be paid to the Office of License, Inspections and Environmental Protection 9 within tl�u•fy (30) days of the adoption of this resolufion by the Cotmcil and signature by the Mayor. 10 11 FURTHER RESOLVED, that the Licensee is required to immediately obtain the appropriate 12 entertainment license from the Office of License Inspections and Environmental Protection. This 13 requirement shall be added as a condition to the license. 14 1 S This resolution and the action of the Council in tYus matter are based upon the facts contained 16 in the Nofice of Violation letter to the licensee, the investigation report, and such arguments as may 17 have been presented to the Council at the pubiic hearing. The facts of the violations were not 18 contested by thelicensee. 19 ZO 21 22 23 24 Requested by Department o£: Adopted by Council: Date �� Adoption Certified by Council Se tary Sy: Approved by Mayor: j t� T -� /'y / BY : l � l�v�-� /�' "�c/'C_/ Form Approved by City Attorney Bv: Approved by Mayor for Submission to Council BY ' - — � - -- - -�V v�'.� w � ` By : 9 g-y�3 , SHEET No 60893 Christine Rozek May 27, 1998 - Public Hearing TOTAI # OF SIGNATURE PAGES ��,�,.��,� ��,�, ❑ a,.�...�. ❑ a„�� _ ❑nuerJa�.a¢xv�crsmc ❑puxcu�aEmnccrc ❑ r�vort(oR.umsn�xry ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Concerning adverse acYion againsC licenses held by Saykham Sengmavong, dba Family Lao- Thai Restaurant, 501 University Avenue West. (Uncontested) PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION TRAN511CTION RSONAL SERVICE CON7RACT5 MUST ANSWER TXE FOLLOWING QUESiIONS: F�35 }f15 pElSOflK11T EVEf NUl�f2(� UIIUM 8 WlIfIBC� fM �1116 QEp2f�111EII17 YES NO Has Nis persoMrm ever been a city empbyee? YES NO Ooestl� P�M� 0� s sldN not normelbP� bY �Y curtent ci�! emP�oYee? rES wo Is Nie pe�son/Pom a targeted vendoR YES NO COST/tYEVENUE eUD6ETE0IGRCLE ONfiS YES NO SOURCE ACTNIiYNUMBER INFORMATION (IXPW� OFFICE OF THE CITY ATTORNEY Peg Birk, City Atlorney � b, �// 2 O_ 7 70- J � SAtNT PAUL � AAAA CIT'� OF SAINT PAUL Norm Caleman, Mayor May 12, 1998 Civil Division a00 Ciry Nott 1 S West Kello� BTvd Sain! Paul. .7�rnrsesolQ Sj702 NOTICE OF COUNCIL FTEARING Roland J. Theiler Karney & Theiler, P.A. 1300 Godwazd Street N.E., Suite 6150 Minneapolis, Minnesota 5�413 License ID No.: 22082 Our File Number: G98-0170 Telephone: 612 266-87I0 Facsimile: 6l2 298-5679 RE: A11 licenses held by Saykham Sengmavong d/b/a Family LaaThai Restaivant for the premises located at 501 Uzuversity Ave. W. in St. Paul Deaz Mr. Theiler: Please take no6ce that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 27,1998 in the City Council Chambers, Tl�ird Floor, Saint Faul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolufion and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts conceming the violafions of an un-licensed Off-Sale of alcohol and providing entertainment without a license haue not been disputed. You will have an opportunity 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$500.00 fine and the addition of a condi6on on the license that the licensee must obtain an Entertainment license.. If you have any questions, please cali me at 266-8710. Very truly yours, _ �� Virguaia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Airector, Thomas-Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 9�-y�3 UNCONTESTED LICENSE HEARING Licensee Name: Address: Saykham Sengmavong d/b/a Family lao-Thai Restaurant 501 University Avenue West Councif Hearing Date: May 27, '1998 Violations: Off-Sale ofi Alcoholic Beverage wlo Off-Sale License St. Paui Legislative Code § 409.08(15) Providing Live Entertainment wlo Entertainment Licence St. Pauf Legislative Code § 411.01 4 Date of Violation April 18, 1998 Place: Licensed Premises $500.00 Fine (first offense) Presumptive Pena{ty: Recommendation of Assistant City Attorney on beha{f of client, Office of License, lnspections and Environmental Protection: 1. $500.00 Fine 2. License Condition Requiring Licensee to Obtain Entertainment License Attachments: 1. Proposed resolution 2. Letter from licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Violation Report ' I i KARNEY & THEILER, P.A. ------hAORNEYSRTCAW � SURE 6150 7300 GODWARD STREET N.E MINNEAPOLIS, MINNESOTA 55473 MAflK A. KARNEY ROL4ND J. THEILER THOMAS T. YANG Virginia Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 VIA FACSIMILE AND U.S, kIAIL . RE: All licenses held by Saykham Sengmavong d/bfa Family Lao-Thai Restaurant for the property located at 501 University Avenue West in St. Paul License ID No.: 22a82 Dear Ms. Palmer: O� CounSN: JAMES J. LAWTON In As we discussed, I represent Mr. Saykam Sengmavong d/b/a Family Lao-Thai Restaurant for the incident on April 18, 199s whereby someone mistakenly sold bear off-sale in an establishment having an on-sale license. The basic facts of this unfortunate incident are not disputed. kTe respe�tfully request a hearing before the St. Paul City Council. Please let me know the times and dates and anything my client or I will need to bring. Please feel free to contact me by phone. RJT : j,d� (612) 331d500 (800) 7D0-0501 FAX 331-7740 April 29, 1998 Sincerely, �� ' I Roland J. Theiler �y bx�. p y C � 6'd�� L �� AP1� 3 Q �g98 � � A �.� � � �F�� OFFI�"' OF T!-IE CITY ATTORNEY PegBi. "rtyAttorney J �� CIT'Y OF SAINT PAIJL Civil Drvisian NormCoteman,Mayo� 400CiryHall Telephone:612166-8�10 ISA'es7Ke11oggBTvd Facsimile:61Z298-5679 Saira Paul, �nnesom SSIO2 " ...i� Apri121, 1998 NOTICE OF VIOLATION OwnerlManager Family Lao-Thai Restaurant 501 University Avenue Saint Paul, Minnesota 55103 RE: A11 licenses heid by Saykham Sengsnavong d/b/a Family Lao-Thai Restaurant for the property located at 501 University Ave. W. in St. Paul License ID No.: 22082 Deaz SirlMadam: The Director of the Office of License, Inspections and Environmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: On April 18, 1998 at approximately 11:45 p.m. an employee of the Office of License, Inspecrions and Environmental Protection entered the premises and purchased an order of chicken �ings and a bottle of Killian's Trish Red beer "to go", and was permitted to leave the establishment with the beer. Your establishment has a Malt On-Sale license, which only permits the sale of liquor for consumption on the premises. This is a violation of Saint Paul Legislative Code §409.08(iS�. Addifionally, the individual observed that there was a live band performing, although there is no entertainment license for the premises. This is a violafion of Saint Paui Legislative Code §411.01. If you do not dispute the above facts, please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to deternune what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behal� or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, we will schedule an evidentiary hearing before an Administtative Law Judge (AL.�. If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing," so you Page 2 Family Lao-Thai Re�aurant Apri121,1998 _ __ will know when and where to appear, and what the basis for the hearing will be. 9��y� In either case, please let me I�ow in writing no later than Friday, May 1,1998, how you would like to proceed. If I have not heard from you by that date I will assume that yon are not contesting the facts. The matfer vvill then be scheduled for the hearing before the St Paul City Council. If you have any questions, feel free to call me or have your attomey ca11 me at 266-8710. Sincerely, `� , �� Virginia D. Palmer Assistant City Attorney cc: Saykham Sengmavong, 11240 Utica Ave., Bloomington, MN 55437 Robert Kessler, D'uector, LIEP Christine Rozek, LIEP 9�-v� STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. �,FFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 21, 1998, 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: Owner/Manager Family Lao-Thai Restaurant 501 University Avenue St_ Paul, MN. 55103 5ayikham Sengmavong 11240 Utica Avenue Bloomington, MN. 55437 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. . Subscribed and sworn to before me this 21st day of April, 1998. 0 . ! �� Notary Public � RITA IN. BOSSARD � t�OTAFY RU�GC—MR:i:ESOTA y �� F.?,h-tSEY COURiTY z� . My Cqmm. E;c7ires Jzn. 31. 2CC; � s a of said persons) and depositing the United States mails at St. �'8- yG3 --- -- - --- Lic ID ................... STAT ..................... Business Name......._.._. Address .................. Zip ....................•- Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ TaxId ................... Worker Comp Exp Date..... Telephone ................ 22082 AC SENGMAVONG, SAYKHAM 501 UNIVERSITY AVE W 55103 FAMILY LAO-THAI RESTAURANT RESTAURANT (B)-MORE THAN 12 SEATS ON SALE MALT (5TRONG BEER) WINE ON SALE O1j16/99 WAIVER LETTER WAIVED O1/17/98 OWNER 13144 PH NOTICE MAILED 1/5/96 HEARING SET FOR 2/14/96 96 MAILED, 33 3MAILED, 2 I1vTBROFFICE 1/5/96 LIC EXP DATE CHANGED TO 1/17/97 WjINS EXP DATE--LAP-LIC 2/14/96 APPN FOR NEW ON SALE MALT (3.2) RESTAURANT(B) APP'D C.F. #96-153 5j7/97 UPGRADE TO ON SALE MALT(STRONG) C.F. #97-516 2454295 `I'O COINCIDE �[iii7 APP'D OFFICE OF LICENSE, INSPECTIONS AND �/� _� ENVIRONMENTALPROTF.CTION � CITY OF SAINT PAUL Norm Calemnn, Mayor Apri120, 1998 To: Fr: Re: Robert Kessler Troy Gilbertson Family Lao-Thai Restaurant 501 University Avenue West IAWRYPROFESSIONAL BUlLD7NG Suiie 300 350 S[ Peter Street Saint Pnul, Minnuota SS102-I570 7elephone: 612-266-9090 Facs(mile: 672-26b9099 672-1669114 Acting on information from the Saint Paul Police Department, Saturday April 18, 1998 at approximately 11:45 p.m., I attempted to enter Family Lao-Thai Restaurant. Tlus establishment currently has an active Malt On-Sale (Strong Beer License), a Restaurant (B) License, and a Wine On-Sale Lacense. The posted business hours on the front of the building indicated the establishment was closed and the front business door of the establishment was locked. However, cleaziy visible through the University Avenue &ont windows, the establishment was serving alcoholic beverages and food to customers. Also visible was a musical band of approximately five perforxners and musical instruments. I lrnocked on the front door and a uniformed private security guard opened the door and ailowed me access. 'Fhe guard did not "cazd" me, or ask for any form of identification. He stated that I could enter and place an order, but that "it is a private club, and you will have to order take-out." I then entered and walked to the business counter and ordered chicken wings and one bottie of ICillian's Irish Red to go. There were several different brands of beer available, but I was unable to confirm any sale of hard liquor. While waiting for the food, I observed many customers which may have been under age. At no point in the establishment was I or any customer cazded. Several minutes later, the food and beer (a different brand was actually included) was wrapped in a lazge brown paper bag. I eacisted the establishment with the paper bag containing one bottle of unopened beer and food. Family Lao-Thai Restaurant illegally served off-sale liquor, allowed entertainment without the appropriate license, and may be serviug to under-age patrons. cc: Ginger Palmer, Assistant City Attorney Cluistine Rozek, LIEP Kris Schweinler, LIEP Lt. Newburger, SPPD