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91-1658 C��G��,A,L ��r�s��u��. � �� ,�� 5� , , Council File # Green Sheet # RESOLUTION CITY O AINT PAUL, MINNESOTA . • , Presented By Referred To Committee: Date RESOLVED, that an after-hours violation relating to the Intoxicating Liquors "Off Sale" and Original Container licenses held by Bloomies, Inc., dba Marshall Liquors for the premises at 2027 Marshall Avenue in Saint Paul is hereby noted as the second violation within a period of 18 months; and be it FLJRTHER RESOLVED, that no penalty is imposed for such violation, provided however, that the owners from Bloomies should meet with the License Division staff to review all applicable State and City licensing codes; and be it FURTHER RESOLVED, that another violation within 30 calendar months of the first violation shall be treated as a third appearance before the Council for the purpose of determining the appropriate presumptive penalty under section 409.26 of the Legislative Code. This Resolution and the action taken above are based upon the facts contained in the Notice of Violation dated July 17, 1991. The facts as outlined in this notice are not contested by the licensee, as evidenced by the attached letter signed by Mark S. Wasserman, Attorney for the licensee. The action taken is also based on the facts, circumstances and arguments presented by and on behalf of the licensee during the Public Hearing. Yeas Nays Absent Requested by Department of: imon �— oswi z r on ! acca ee % e man �;_ une .� s on -'" gY� Adopted by Council: Date S�P 2 4 1�91 Form Approved by City Attorney Adoption Ce tifi by Counqi Se retary By: g...�� BY� �'"� �� ' Approved by Mayor for Submission to Approved by Ma r: Date � SEP 2 r� ��`�� COU21C11 a -��w�� By' y� Pt�!��'�!'�? r�T 5'9� � , DO NOT PUT IN THE GREEN SHEET TRACKER � /�� * � � ,r ��J�'��IG«CJ , �. DEPARTMENT/OFFICE/COUNCIL DATE INITIATED GREEN SHEET '"O �� Finance/License CONTACT PERSON&PHONE INITIAUDATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCIL Robert Kessler/298-5056 ASSIGN �CITYATTORNEY �CITYCLEFiK NUMBERfOR MUST BE ON COUNCIL AOENDA BY(DATE) ROUTING �BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR. For Hearing: Se�tember 5, 1991 ORDER �MAYOR(ORASSISTAN� � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: UNCONTESTED LICENSE ACTION MARSHALL AVENUE LIQUOR RECOMMENDATIONS:Approve(A)or ReJect(R) PERSONAL SERVICE CONTRACT8 IIAUST ANSWER THE FOLLOWING�UESTIONS: _PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• HaS thiS persOnlfirm @ver WOrked Undef e contfact f0�thi3 departm8nt? _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF _ YES NO _DIS7RIC7 COUR7 _ 3. Does this personlfirm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO Explaln all yes answers on separate sheet and ettach to green shest INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): LICENSE ADVERSE ACTION ADVANTAGES IF APPROVED: DISADVANTAGES IF APPROVED: DI3ADVANTA(iES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) � ��C • �� ( � • � � f NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Orants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. Ciry Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag sech of these pages. ACTION REGIUESTED Describe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete ii the lssue in question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective{s)your projecUrequest supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the citys liabiliry for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by Iaw/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this projecVaction. DISADVANTAf�ES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTAC3ES IF NOT APPROVED What will be the negative consequences if the promised action is not approved?Inability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? . CtT7 Q C l Jll(,./�� . .�` ': CTTY OF SAINT PAUL e y + ��'�nm o OFFICE OF THE CITY ATTORNEY . � "" 7ANE A MC PEAK, QTY ATTORNEY 647 C'�HaU,Sainc Paul,Minnesota 55102 612-298-5121 7AMES SCHEIBEL FAX 612-298-5619 MAYOR July 17, 1991 Mr. Michael P. Bloom, Manager Bloomies, Inc. , dba Marshall Liquors 2027 Marshall Avenue �, Saint Paul, Minnesota 55104 � RE: All licenses held by Bloomies Inc. , dba Marshall Liquors for the premises located at 2027 Marshall Avenue, Saint Paul. Dear Mr. Bloom: • I am in receipt of information that could lead to an action against all your licenses. The basis for adverse action is that: "On July 3, 1991, the licensed establishment was open for business after 8: 00 p.m. in violation of Section 409.07 of the Saint Paul Legislative Code." If you do not dispute the allegations or facts, or agree that a violation occurred, but want to have the opportunity to speak to the Council to argue for the lightest possible penalty under all the circumstances, please call me at 298-5121 to work out the procedures. If you contest the allegations or dispute the facts, I will take the necessary steps to schedule a hearing before an independent hearing examiner and provide you with a proper notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. Please respond within ten days. You may be responsible for costs if I schedule a hearing thereafter and you do not appear and/or contest the facts. � Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Marcia Ann Bloom License Inspector �'" President, Lt. Nancy DiPerna B2oomies, Inc. Vice Unit Young Kil Kim, Purchaser ��,��- ��iv�� AUG :,2 1991 WASSEF�'VIAN AND BAILL �!�� °� � A1�ro�T�YS AT LA�r , �:�0�� AugllSt 9, 1991 Maric S.Wasserman Lawrence M.Baill Jefftey M.Baill' John R.Hanlon Michael C.Rajkowski � Teri E Bentson Philip B. B�Ile� E$Cl. '�uwaa*rtcm��nKn�gen Assistant City Attomey, City of St. Paul 647 City Hall ��g��a��: St. Paul, MN 551�2 Groce M.Davies Jacqueline J.Peterson,R.N. Re: All Licenses held b Bloomies, Inc., d b a Marshall Li uors for the �Y^n M.Rice y � / Q CyMhia H.Walton Premises Located at 2027 Marshall Avenue, St. Paul Deama Rian Our File No. 2728M-0002 R.Brian Frenger Bruce T.Erickson Dear NIr. Byrne: 235Q First Bank Place West Pursuant to our past teiephone conversations, this letter is to formally advise ,zo s«,cn s�xm sc�eec you that the above licensee, Bloomies, Inc., will not dispute the allegations or M�^��a�s.MN s5aoz facts; agrees that a violation occuned, to wit: that on July 3, 1991, the licensed establishment was open for business after 8:00 p.m. until 10:00 p.m. in violation of Section 409.07 of the St. Paul Legislative Code. Telept�e(812)332-2549 As we discussed, Michael P. Bloom, the manager of Marshall Liquors, was not Fecsimilie(612)344-1689 aware of the changes in Minnesota law allowing him to be open on July 4 of this year until he was told by a beer salesman on the lst or 2nd of July. Apparently the beer salesman told him that a change in state law allowed this action, and he set out to verify same by calling the state Liquor Control Board. At that time, he spoke ;Nith A1 Erickson, one of the employees, who not only explained to him about the the change in the law allowing for sale on July 4, but also read to him Minnesota Statute § 340A.504, Subd. 4 (4) which allows for the sale of intoxicating liquor until 10:00 p.m. on July 3. It was for this reason and this reason alone that Mr. Bloom stayed open until 10:00 p.m. on July 3 and closed promptly at or before 10:00 p.m. After receipt of your letter to Mr. Bloom dated July 17, 1991, both Mr. Bloom and I contacted the Liquor Control Board and spoke with both Mr. Erickson and Mr. Lance Bolter, who both indicated that, while they normally advise individuals who call of Subd. 6 of that Statute, which generally indicates that a municipality may further limit the hours of sale but may not-�xtend them, theyr�mply did not so advise Mr. Bloom on this particular occasion. I understand from my conversations with you that Mr. Robert Kessler also has investigated this matter; spoken with Mr. Bolter and Mr. Erickson; and those individuals have verified the above information for Mr. Kessler. . . . . g/`/�� Philip B. Byrne, Esq. August 9, 1991 Page 2 While, unfortunately, Mr. Bloom did violate the St Paul Ordinance and freely admits same, it was purely inadvertent and unintentional. While you have informed me that Mr. Kessler sent letters to all licensees doing business in the City of St. Paul advising them of the changes of law well in advance of July 4, 1991, Mr. Bloom unfortunately never saw that letter. Because of the confusing and conflicting changes in the law, he made inquiry of the people from whom he assumed he would obtain the appropriate information and advice. Unfortunately, it turned out to be a technical violation. Michael Bloom has asked that I make request of you that this matter be placed before we St. Paui Ciry Councii as soon as possibie. i3e wouid iike the opportunity tc explain to the Council how this violation occurred and ask them for their understanding and leniency so the Council might, in its discretion, unpose a fine in lieu of a suspension; or in the alternative, a downward deviation from the presumptive penalties under Section 409.26 of the Code. As you also know, the liquor store is the subject of a purchase agreement and an application for liquor license transfer to a new buyer, and we feel it would be in everyone's best interest, including the City, to e�cpedite this matter so that the sale and transfer can be accomplished as soon as possible. Thank you for your cooperation. .I look forward to hearing from you relative to a date that this matte will appear before the Council. V ly u s j ark . Wasserman MSW/jp cc: Mr. Michael Bloom . � ORICI�NA�. ,� . �_ �/_ �-- � , . ' �Council ,F'ile � � �P � �� Greeti Sheet ,� RESOWTION �y�� CITY OF AINT PAUL, MINNESOTA�� , ' . .�,' s"'� Preaented By �F f�.. �. Referred To�� ,� Committee: Date r" t f RESOLVED, that an after-hours violation relat' `g to the Intoxicating Liquors "Off Sale" and Original Container licenses held by Blq�omies, Inc., dba Marshall Liquors for the premises at 2027 Marshall Avenue in Saint P,aul is hereby noted as the second violation within a period of 18 months; and be it ;� r FURTHER RESOLVED, that no penalty�'is imposed for such violation, provided however, that the owners from Bloomies shoulc�'�meet with the License Division staff to review all applicable State and City licensing codes. This Resolution and the action take�'�above are based upon the facts contained in the Notice of Violation dated July 17, 199�`. The facts as outlined in this notice are not contested by the licensee, as evidenced b�+the attached letter signed by Mark S. Wasserman, Attorney for the licensee. The action taken is also based on the facts, circumstances and arguments presented by and on behalf of the licensee during the Public Hearing. �` � �' r', Yeas Navs Absent Requested by Department of: imon oswi z on acca ee e man un e z son BY� �i� Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary By: � �_ Cf� j/ By� Approved by Mayor for Submission to Approved by Mayor: Date Council By: By� . . , c�i-�� ``'t:o'• CITY OF SAINT PAUL �' : O y � «�� ; OFFICE OF THE CITY ATTORNEY �1 �O • ��• JANE A.MC PFAKy CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMFS SCHEIBEL Fnx 6t2-298-5619 MAYOR July 17, 1991 Mr. Michael P. Bloom, Manager Bloomies, Inc. , dba Marshall Liquors 2027 Marshall Avenue �; Saint Paul, Minnesota 55104 RE: All licenses held by Bloomies Inc. , dba Marshall Liquors for the premises located at 2027 Marshall Avenue, Saint Paul. Dear Mr. Bloom: . I am in receipt of information that could lead to an action against all your licenses. The basis for adverse action is that: "On July 3, 1991, the licensed establishment was open for business after 8:00 p.m. in violation of Section 409.07 of the Saint Paul Legislative Code." If you do not dispute the allegations or facts, or agree that a violation occurred, but want to have the opportunity to speak to the Council to argue for the lightest possible penalty under all the circumstances, please call me at 298-5121 to work out the procedures. If you contest the allegations or dispute the facts, I will take the necessary steps to schedule a hearing before an independent hearing examiner and provide you with a proper notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. Please respond within ten days. You may be responsible for costs if I schedule a hearing thereafter and you do not appear and/or contest the facts. Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Marcia Ann Bloom License Inspector President, Lt. Nancy DiPerna Bloomies, Inc. Vice Unit Young Kil Kim, Purchaser �. � � �f�/C�.��E�EIVE� AUG �2 1991 WASSER:MAN AND BAILL ��, �. �. , ArroxNEYS AT I,A�r tl � � �� t�lU�llSt 9, 1991 Mark 5.Wasserman Lawrence M.Baill Jeffrey M.Baill' John R.Hanlon Michael C.Rajkowski ' Teri E.Bentson Philip B. Byrne, ES(l. 'Alw adm�tted�n Mlch�gan Assistant City Attorney, City of St. Paul ()4�] Cl� Hall Legai Assistants: $t. Paul� MN 5$102 Grace M.Davies Jacqueline J.Peterson,R.N. Re: All Licenses held by Bloomies, Inc., d/b/a Marshall Liquors for the Lynn M.Rice Premises Located at 2027 Marshall Avenue St. Paul Cynthia H.Walton � Deanna Rian Our File No. 272HM—OOOZ R.Brian Frenger Bruce T.Erickson Dear Mr. Byrne: 2350 First Bank Place West Pursuant to our past telephone conversations, this letter is to formally advise 120 South Sixth Street you that the above licensee, Bloomies, Inc., will not dispute the allegations or Minneapolis,MN 55402 facts; agrees that a violation occurred, to wit: that on July 3, 1991, the licensed establishment was open for business after 8:00 p.m. until 10:00 p.m. in violation of Section 409.07 of the St. Paul Legislative Code. Telephone (612)332-2549 As we discussed, Michael P. Bloom, the manager of Marshall Liquors, was not Facsimilie (612)344-1689 aware of the changes in Minnesota law allowing him to be open on July 4 of this year until he was told by a beer salesman on the lst or 2nd of July. Apparently the beer salesman told him that a change in state law allowed this action, and he set out to verify same by calling the state Liquor Control Board. At that time, he spoke with A1 �rickson, one of the employees, who not only explained to him about the the change in the law allowing for sale on July 4, but also read to him Minnesota Statute § 340A.504, Subd. 4 (4) which allows for the sale of intoxicating liquor until 10:00 p.m. on July 3. It was for this reason and this reason alone that Mr. Bloom stayed open until 10:00 p.m. on July 3 and closed promptly at or before 10:00 p.m. After receipt of your letter to Mr. Bloom dated July 17, 1991, both Mr. Bloom and I contacted the Liquor Control Board and spoke with both Mr. Erickson and Mr. Lance Bolter, who both indicated that, while they normally advise individuals who call of Subd. 6 of that Statute, which generally indicates that a municipality may further limit the hours of sale but may not extend them, they simply did not so advise Mr. Bloom on this particular occasion. I understand from my conversations with you that Mr. Robert Kessler also has investigated this matter; spoken with Mr. Bolter and Mr. Erickson; and those individuals have verified the above information for Mr. Kessler. . ��. �. � g/�/�� Philip B. Byrne, Esq. August 9, 1991 Page 2 While, unfortunately, Mr. Bloom did violate the St. Paul Ordinance and freely admits same, it was purely inadvertent and unintentional. While you have informed me that Mr. Kessler sent letters to all licensees doing business in the City of St. Paul advising them of the changes of law well in advance of July 4, 1991, Mr. Bloom unfortunately never saw that letter. Because of the confusing and conflicting changes in the law, he made inquiry of the people from whom he assum�d he would obtain the appropriate information and advice. Unfortunately, it turned out to be a technical violation. Michael Bloom has asked that I make request of you that this matter be placed before the St. Paul Liry Councii as soon a� p�ssibie. rie wouici iike t��e appurtuni�y tc explain to the Council how this violation occurred and ask them for their understanding and leniency so the Council might, in its discretion, impose a fine in lieu of a suspension; or in the alternative, a downward deviation from the presumptive penalties under Section 409.26 of the Code. As you also know, the liquor store is the subject of a purchase agreement and an application for liquor license transfer to a new buyer, and we feel it would be in everyone's best interest, including the City, to expedite this matter so that the sale and transfer can be accomplished as soon as possible. Thank you for your cooperation. I look forward to hearing from you relative to a date that this matte will appear before the Council. V ruly u s i ark . Wasserman MSW/JP cc: Mr. Michael Bloom ��"��' °� f Council File # � �,5 Q � � Green Sheet ,� � � RESOLUTION CITY OF SAINT , UL, MINNESOTA � . � '� � Presented By Referred To Committee: Date RESOLVED, that the Intoxicating Liquors "Off Sale" and Original container licenses held by Bloomies Inc., dba Marshall Liquors for the premises at 2027 Marshall Avenue in Saint Paul are hereby suspended for a period of consecutive day(s), commencing on This Resolution and the action taken above are based upon the facts contained in the attached Notice of Violation dated July 17, 1991. The facts as outlined in this notice are not contested by the licensee, as evidenced by the attached letter signed by Mark S. Wasserman, Attorney for the licensee. The ac�ion taken is also based on the facts, circumstances and arguments presented by and on behalf of the licensee during the Public Hearing. Yeas Navs Absent Requeated by Department of: imon oswz z on acca ee e man un e z son BY= Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary By: • • � �� BY� Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: � . � r i�s� � . �� ONCONTESTED LICENSE BEARING Licensee Name: Bloomies, Inc. , dba Marshall Liquors Address: 2027 Marshall Avenue Hearing Date: Council Hearing, September 5, 1991 Violation: After Hours Sale �409.07 Date: June 20, 1991 Time: After 8 p.m. Place: licensed premises, 2027 Marshall Avenue Matrix Presumptive Penalty: 2nd Appearance - 6 day suspension §409.26(b) (5) See attached Resolution CF#91-236 Position of License Division: To follow the penalty matrix. Attachments 1. Proposed resolution 2 . License information 3 . Notice of violation 4 . Letter of licensee or attorney agreeing not to contest the facts 5. Notice to Licensee re: change in hours of sale (with attachments) . 6. Council Resolution 91-236 for First Appearance � . , i/G,s"di Zip.: . . . . . . . . . . . . . . . . . . . 55104 �-,• -' Doing Business As. . . . . . . . MARSHALL LIQUOR5 License Name. . . . . . . . . . . . . ORIGINAL CONTAINER . LIQUOR - OFF SALE Lic Exp Date. . . . . . . . . . . . O1/31/92 Insurance Carrier. . . . . . . . ACCEPTANCE INDEMNITY Ins. Policy Number. . . . . . . IL 382652 Insurance Effective Date. 01/24/91 Ins. Expiration Date. . . . . O1/31/92 NOTE AREA. . . . . . . . . . . . . . . . 11689 . MANAGER IN CHARGE . 072188 THE HEARING OF THE OFF-SALE LIQ LIC OF LICE . SEE (OAH DOCKET NOS CITY 88-028-AN AND 58-2101-244 . 8-6) BE RE-OPENED TO PERMIT NEW AND ADD'L ALLEGATI . ON TO BE MADE, AND, TO PERMIT THE INTRODUCTION OF N . EW EVIDENCE ON THE' ORIGINAL ALLIGATION, BY THE OFF . ICE OF THE CITY ATTORNEY TO THE ADMINISTRATIVE LAW . JUDGE AND THAT THE JULY 18, 1988 REPORT OF THE AD Press RETURN to continue. . . CHAR 9600-E F TVI912 <End>: Exit . MIN LAW JUDGE BE RETURNED FOR SUCH ADDL DETERMINAT . IONS AS MAY BE REQUIRED - C.F. 88-1223 . 112288 PH ON REPORT, OF ADMIN LAW JUDGE IN MATTER . OF ADVERSE HEARING INVOLVING LICENSES - NO PUNISHM . ENT . 120888 PH ADOPTING FINDINGS, CONCLUSIONS AND RECOM . MENDATIONS OF THE ADMIN LAW JUDGE C.F. 88-1937 . 122790 LETTER FROM CITY ATTORNEY'S OFFICE ANNOUNCI . NG DATE OF HEARING BEFORE ADMIN. LAW JUDGE (DON'T . KNOW DATE) Tax Id. . . . . . . . . . . . . . . . . . . 3150592 Worker Comp Exp Date. . . . . O1/06/92 Telephone. . . . . . . . . . . . . . . . 642-1891 Press 'C' to continue, 'P' to print, or 'R' to redisplay. . . CHAR 9600-E F TVI912 <End>: Exit Date: Jul 16 G4BUSINESS LICENSE MANAGER SCREENGO G4LICENSE I.D. 16298 NAME MICHAEL P. BLOOM � STREET NUMBER 2900 STREET DIRECTION UNIT NO STREET NAME EVEREST STREET TYPE LA CITY PYLMOUTH STATE MN ZIP 55422 PHONE NUMBER 4736227 _ _ ., ._ __ _ . _ _ _ , t''_' w ��..�-, :-.;�� , NO'I•�',' 1: 116 8 9 ��1"`7� /�� 2:MANAGER IN CHARGE 3: 072188 THE HEARING OF THE OFF-SALE LIQ LIC OF LICE 4:SEE (OAH DOCKET NOS CITY 88-028-AN AND 58-2101-244 5:8-6) BE RE-OPENED TO PERMIT NEW AND ADD'L ALLEGATI 6:ON TO BE MADE, AND TO PERMIT THE INTRODUCTION OF N 7:EW EVIDENCE ON THE ORIGINAL ALLIGATION, BY THE OFF 8:ICE OF THE CITY ATTORNEY TO THE ADMINISTRATIVE LAW CHAR 9600-E F TVI912 <End>: Exit Date: Jul 16 G4BUSINESS LICENSE ASSOCIATE NAMES SCREENGO LICENSE ID 16298 Type Associate Name 1: 1 MARCIA ANN BLOOM, PRES 2: 3 MARCIA ANN BLOOM, SOLE SHAREHOLDER 3 : 4: � 5: 6: � 7: 8: G4Type 1 = Officer , 2 = Partner , 3 = StockholderGO G4Enter "\" to end screen, "DEL" key to delete a rowGO G4, >n go to row # n or <RETURN> to go forward. GO CHAR 9600-E F TVI912 <End>: Exit � � ,. .,,..:, . , .. .. ,. . _ ___ ,,.- ; _ . ,: . . - - - � � � ��i�s� �•°``T�°';, CITY OF SAINT PAUL � �«�� OFFICE OF THE CITY ATTORNEY � w0 • "" JANE A.MC PEAK, CITY ATTORNEY 647 Ciry Ha(1,Saint Paul,Minnesota 55102 612-298-5121 JAMFS SCHEIBEL Fa�c 6t2-29s-s6i9 MAYOR July 17, 1991 Mr. Michael P. Bloom, Manager Bloomies, Inc. , dba Marshall Liquors 2027 Marshall Avenue Saint Paul, Minnesota 55104 � RE: All licenses held by Bloomies Inc. , dba Marshall Liquors for the premises located at 2027 Marshall Avenue, Saint Paul. Dear Mr. Bloom: . I am in receipt of information that could lead to an action against all your licenses. The basis for adverse action is that: "On July 3, 1991, the licensed establishment was open for business after 8:00 p.m. in violation of Section 409.07 of the Saint Paul Legislative Code." If you do not dispute the allegations or facts, or agree that a violation occurred, but want to have the opportunity to speak to the Council to argue for the lightest possible penalty under all the circumstances, please call me at 298-5121 to work out the procedures. If you contest the allegations or dispute the facts, I will take the necessary steps to schedule a hearing before an independent hearing examiner and provide you with a proper notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. Please respond within ten days. You may be responsible for costs if I schedule a hearing thereafter and you do not appear and/or contest the facts. Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Marcia Ann Bloom License Inspector �='" President, Lt. Nancy DiPerna Bloomies, Inc. Vice Unit Young Kil Kim, Purchaser . � � � � ��:��av�� AUG �2 1991 WASSE� AND BAILL o��, , q. �. A��ro[��YS Az�I��n� s � p ��r��P �/��.s� AUgllSt 9, 1991 Mark S.Wasserman Lawrence M.Baill Jeffrey M.Baill' John R.Hanlon Michael C.Rajkowski � Teri E.Bentron Philip B. l��ei� �.Sq. 'AISO admitteA n Mch�gar Assistant City Attorney, City of St. Paul 647 City Hall �ega�ASS�Sca�tr: St. Paul, MN 55102 Grace M.Davies Jacqueline J.Peterson,R.N. Re: All Licenses held by Bloomies, Inc., d/b/a Marshall Liquors for the Lynn M.Rice Premises Located at 2027 Marshall Avenue St. Paul Cynthia H.Walton p � Deanna Rian Our File No. 2720M-�002 R.Brian Frenger Bruce T.Erickson Dear Mr. Byrne: 235C First Bank Place West Pursuant to our past telephone conversations, this letter is to formally advise ��o so�tn s�xtn st�eet you that the above licensee, Bloomies, Inc., will not dispute the allegations or Minneapolis,MN 55402 facts; agrees that a violation occurred, to wit: that on July 3, 1991, the licensed establishment was open for business after 8:00 p.m. until 10:00 p.m. in violation of Section 409.07 of the St. Paul Legislative Code. Telephone (612)332-2549 As we discussed, Michael P. Bloom, the manager of Marshall Liquors, was not Facsimilie (612)344-1689 aware of the changes in Minnesota law allowing him to be open on July 4 of this year until he was told by a beer salesman on the lst or 2nd of July. Apparently the beer salesman told him that a change in state law allowed this action, and he set out to verify same by calling the state Liquor Control Board. At that time, he spoke w�th A1 �rickson, one of the employees, who not only explained to him about the the change in the law allowing for sale on July 4, but also read to him Minnesota Statute § 340A.504, Subd. 4 (4) which allows for the sale of intoxicating liquor until 10:00 p.m. on July 3. It was for this reason and this reason alone that Mr. Bloom stayed open until 10:00 p.m. on July 3 and closed promptly at or before 10:00 p.m. After receipt of your letter to Mr. Bloom dated July 17, 1991, both Mr. Bloom and I contacted the Liquor Control Board and spoke with both Mr. Erickson and Mr. Lance Bolter, who both indicated that, while they normally advise individuals who call of Subd. 6 of that Statute, which generally indicates that a municipality may further limit the hours of sale but may not extend them, theyr�mply did not so advise Mr. Bloom on this particular occasion. I understand from my conversations with you that Mr. Robert Kessler also has investigated this matter; spoken with Mr. Bolter and Mr. Erickson; and those individuals have verified the above information for Mr. Kessler. " ,' y � � �/�,�r ,(�'�•�(o� :' Philip B. Byrne, Esq. August 9, 1991 Page 2 While, unfortunately, Mr. Bloom did violate the St. Paul Ordinance and freely admits same, it was purely inadvertent and unintentional. While you have informed me that Mr. Kessler sent letters to all licensees doing business in the City of St. Paul advising them of the changes of law well in advance of July 4, 1991, Mr. Bloom unfortunately never saw that letter. Because of the confusing and conflicting changes in the law, he made inquiry of the people from whom he assumed he would obtain the appropriate information and advice. Unfortunately, it turned out to be a technical violation. Michael Bloom has asked that I make request of you that this matter be placed before the St. Paui Ciry Councii as soon as pc�ssibie. He wouiu iike ttie a�portuni�y tc� explain to the Council how this violation occurred and ask them for their understanding and leniency so the Council might, in its discretion, impose a fine in lieu of a suspension; or in the alternative, a downward deviation from the presumptive penalties under Section 409.26 of the Code. As you also know, the liquor store is the subject of a purchase agreement and an application for liquor license transfer to a new buyer, and we feel it would be in everyone's best interest, including the City, to expedite this matter so that the sale and transfer can be accomplished as soon as possible. Thank you for your cooperation. I look forward to hearing from you reiative to a date that this matte will appear before the Council. V ruly u s � � ark . Wasserman MSW/jp cc: Mr. Michael Bloom r�- . /�O'?1'I\ . • _ ,�;_, ,, C1TY OF SAiNT PAUL _= � DE�ARTMENT OF F�NANCE AND MANAGEMENT SERVICES �: „��;0° '= DIVISION Of LICENSE AND PERMIT ADMINISTRATION ''': ^� is w. Kelbgg �� "'�°� Room 203, Gry Hail Saint Paul,Minnesota 55102 �AMES SCHEIBEI , MAYOR Alartn Permits 612-29&5143 � Building Contractor Licenses 612-298-5144 ' Business Licenses 612-29&5056 ' �� June 19, 1991 T0: Off Sale Liquor License Holders � ' FROM: Kris Van Horn, License Enforcement Audito� RE: Sales on July 4th and January lst ' This is to inform you that on May 14, 1991, the Saint Paul City Council amended Chapter 409.07 of the Saint Paul legislative code relating to the holiday hours of off sale liquor establishments. This amendment, which becomes effective on June 24, 1991, will allow for the sale of off sale liquor on July 4th and January lst. Z have attached a copy of the ordinance for your records. If you have any questions regarding this, please feel free to contact me at 298-5056. KVH/lk Attachment cc: Police Department Chief McCutcheon Roll Call Walt Parker - Pionesr Press Mayor Scheibel City Councilmembers License Division Staff CLOSING TIME: Monday through Thursday 8:00 p:m. � Friday and Saturday 10:00 p.m. :� � y1��9'�i'111�, -- - , •• � � �, Cauncil File # � . . � f Ordinance # / 7��g N ' i v� � Greea Sheet # /cJ� � � . ORDINANC� OF SAlNT PAUL, MINNESOTA C�P��/� . �� . Presented B Referred To Committee: Date . i , Aa ordinance amending Chapter 409.47 of ttie � Sai.nt Paul Legislative Code relating to aff-sale liquor establishment holiday hours. TF� COUNCIL OF T� CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 409.07(a) of the Saint Paul Legislative Code is hereby amended to read as follows: � "(a) Hours of sal� No sale of intoxicating liquor shall be made after 1.-00 a.m. on Sunday nor unti18:00 a.m. on Monday. No on-sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No off-sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except off-sale shall be permitted on Friday and Saturday uniil 10:40 p.m. No off-sale shall be made on , , , � Thanksgiving Day; or Christ�mas Day, December 25; but on the eveni.ngs preceding such days, if the sale of liquors is not otherwise prohiibited on such evenings, off-sale may be made until 10:00 p.m., except that no off-sale shall be made on December 24 after 8:00 P� � . ..... •. � ON.�O?7� `M:NT`?WYIt X, ...YN : . • '•."' : : .. . . .:. . .. ...... ... ..... "'; ��v>':�o du�au� ..:�� ;�ta.::�::e .�"��:c�and<t.. . :" c��c�- � ` �.�.�� :;�.�a :.v<:: .� aa��ss ��:a��:z�v < . :., . :.3.i:::::,�::::,:�.,.,.,.. . .a:r:u�ad�a�Pawuccs�;wircaeew,cS�.�cauo•Gr. .i:i�:aaioa �..:w ;t••• .:.: .�.....+.xf.? ......;::::Ca:�:os.•.ti:,:..;:..,:.•"::•3{;:ti .-.. .. . .. �`��7.�X.��E:d�,�,�`�,�-.�-' ��,Lc.c�.�w �-��-4/ Yeas Navs �bsent Requested hy Departaeat of: .zmon �. � sv tz �- . . ,on �. acca�ee � err.man �- une � i son �- $1'' �- � Adopted by council: Date MAY 1 4 1991 F°'rnc appr°°e� �y ��t�' attorney Adopti Certif ied by Cauncil Secretary �:''� gy; ' �-Z-'� r By: J Approved by Hayor for Submission to Approned by Mayor: Date MaY 6 1991 �� . By: � �,�,.5��,/ B�: , . � - . 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I - .l .-i . .��{!) rl�.Y�j..�_. .-1 �l� ..�i :C�:]M�/1 I .-1.'1 'J Ul rl h- �M:/1 I�I-1- .-1 :�1 M 1 lL'V J) I I ^ _ I �_c _ � � � L --- - ! �_ n�a m uin m rn�c x. a. _ � -^ iq �" c - - ,- - _�� ^ '� n '^' m o -��rv-c�c,�_ `_-- - f��:�_ !v f� ) f• C � V Y1 ��.�� i�� $ � �-ncil File # "�31� �;�. _ -h��:� ��;;a . • G1'eEfl Sh2ei` � �� RESOLUTION ` - • . � CITY OF SAINT PAUL, MINNESOTA � j.�, C��/S� . � . . . ' Presented By L i • : ° . . . : Refer�ed To . . . Committce: Date ; � � � aaaasasxa�aaaxssaamasa�sassasssaassassaasasaaazsassaasasasasssssaaaxsaasaassssa=as��=�s�= RESOLVED, that the Intoxicating Liquors "Off Sale" and Original container licenses held by Bloomies Inc., dba Marshall Liquors for the premises at 2027 Marshall Avenue in Saint Paul are hereby suspended for a period of .3 consecutive day(s), commencing on ��--� � . This Resolution and the action taken above are based upon the facts contained in the attached police reports dated Novernber 21, 1990, December 12, 1994 and 7anuary 2, 1991. The facts as outlined in the police reports are not contested by the licensee, as evidenced by the attached letter signed by Mark S. Wasserman, Attorney for the licensee. The action taken is also based on the facts, circumstances and arguments presented by and on behalf of the licensee during ' the Public Hearing. . - ta r.. c.o — � � 'T1 rn �:: _ W �� •;�� W � -n= "O . c .. � J ===o�=a===��mx e a�=3v=a=oea==��3�=�==�3-�-�=ea=a�=s=a�aamaaoa====s=�==xm�a=�ce��a=x=3a�cc=== =s-=��e3�=x�a-===c==s aaac=� ====�3�v= Yeas Na s Absent Requested by Department of: D�mond cosuitz LICENSE & PERMZT DIVISION lona 1- Maccabee � Rettman � Thune � �: � � ��jj� u, son ^ asaaaaamas�asaa_�1� v y =s=s�m_=3�a eaaaaa3x� Adopted by Council: Date F�B 1 2 1991 Form Approved by City Attorney Adoption Certified by Cancil Secretary gy; _ ,rj �, � �. BY= I . Approved by ayor for Submission to Approved by Mayor: Date f EB 13 1�� ;� , . ��, -:�'�i-,�'-;� �,: By: ✓ ��`i/� �� '`el*T O' �r CITY OF SAINT PAUL o a : ��u ; OFFICE OF THE CITY ATTORNEY � AO ♦ l��• JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesots 55102 612-298-5121 JAMES SCHEIBEL R EC E I V E D FAX 612-298-5619 MAYOR AUG 2 0 1991 August i9, 1991 CITY CLERK Mark S. Wasserman Attorney At Law Wasserman & Baill 2200 First Bank Place West NOTICE OF COIINCIL HEARING 120 South Sixth Street Minneapolis, Minnesota 55402 RE: Licenses held by Bloomies, Inc. , dba Marshall Liquor Your File No. 2728M-0002 Dear Mr. Wasserman: Please take notice that a hearing concerning the above-mentioned establishment has been scheduled for 9: 00 o'clock a.m. , September 5, 1991 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. I have also enclosed 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 attached Notice of Violation 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: Albert Olson City Clerk Robert Kessler License Permit Division Manager Lt. Nancy DiPerna Vice Unit Ms. Meredith Vogland . Community Organizer �� District 13 ' Young Kil Kim, Purchaser i" • C1/-/�� 8� UNCONTESTED LICENSE HEARING Licensee Name: Bloomies, Inc. , dba Marshall Liquors Address: 2027 Marshall Avenue Hearing Date: Council Hearing, September 5, 1991 Violation: After Hours Sale �� §409.07 Date: June 20, 1991 Time: After 8 p.m. Place: licensed premises, 202? Marshall Avenue Matrix Presumptive Penalty: 2nd Appearance - 6 day suspension §409.26(b) (5) See attached Resolution CF#91-236 Position of License Division: To follow the penalty matrix. Attachments 1. Proposed resolution 2 . License information 3 . Notice of violation 4. Letter of licensee or attorney agreeing not to contest the facts 5. Notice to Licensee re: change in hours of sale (with attachments) . 6. Council Resolution 91-236 for First Appearance �. � .. ..,. _ ,� . .. . ,.. . _ . - . . . ,. � . . _ . . . - , . , . , .,,: � Council File # �l�'�lQ J(r Green Sheet �` RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date RESOLVED, that the Intoxicating Liquors "Off Sa1e" and Original container licenses held by Bloomies Inc., dba Marshall Liquors for the premises at 2027 Marshall Avenue in Saint Paul are hereby suspended for a period of consecutive day(s), commencing on �; This Resolution and the action taken above are based upon the facts contained in the attached Notice of Violation dated July 17, 1991. The facts as outlined in this notice are not contested by the licensee, as evidenced by the attached letter signed by Mark S. Wasserman, Attorney for the licensee. The action taken is also based on the facts, circumstances and arguments presented by and on behalf of the licensee during the Public Hearing. - Yeas Navs Absent Requested by Department of: zmon Goswitz on acca ee ettman un e i son BY= Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary gy: �. � BY� Approved by Mayor for Submission to Council Approved by Mayor: Date By: By� ....i-: Z`ip.�.: . . . . . . . . . . . . . . . . . . . 55104 g��0 Doing Business As. . . . . . . . MARSHALL LIQUORS License Name. . . . . . . . . . . . . ORIGINAL CONTAINER . LIQUOR - OFF SALE Lic Exp Date. . . . . . . . . . . . Ol/31/92 �. Insurance Carrier. . . . . . . . ACCEPTANCE INDEMNITY Ins. Policy Number. . . . . . . IL 382652 Insurance Effective Date. O1/24/91 Ins. Expiration Date. . . . . Ol/31/92 NOTE AREA. . . . . . . . . . . . . . . . 11689 . MANAGER IN CHARGE . 072188 THE HEARING OF THE OFF-SALE LIQ LIC OF LICE . SEE (OAH DOCKET NOS CITY 88-028-AN AND 58-2101-244 . 8-6) BE RE-OPENED TO PERMIT NEW AND ADD'L ALLEGATI . ON TO BE MADE, AND TO PERMIT THE INTRODUCTION OF N . EW EVIDENCE ON THE'�ORIGINAL ALLIGATION, BY THE OFF . ICE OF THE CITY ATTORNEY TO THE ADMINISTRATIVE LAW . JUDGE AND THAT THE JULY 18, 1988 REPORT OF THE AD Press RETURN to continue. . . CHAR 9600-E F TVI912 <End>: Exit . MIN LAW JUDGE BE RETURNED FOR SUCH ADDL DETERMINAT . IONS AS MAY BE REQUIRED - C.F. 88-1223 . 112288 PH ON REPORT. OF ADMIN LAW JUDGE IN MATTER . OF ADVERSE HEARING INVOLVING LICENSES - NO PUNISHM . ENT . 120888 PH ADOPTING FINDINGS, CONCLUSIONS AND RECOM . MENDATIONS OF THE ADMIN LAW JUDGE C.F. 88-1937 . 122790 LETTER FROM CITY ATTORNEY'S OFFICE ANNOUNCI . NG DATE OF HEARING BEFORE ADMIN. LAW JUDGE (DON'T . KNOW DATE) Tax Id. . . . . . . . . . . . . . . . . . . 3150592 Worker Comp Exp Date. . . . . Ol/06/92 Telephone. . . . . . . . . . . . . . . . 642-1891 Press 'C' to continue, 'P' to print, or 'R' to redisplay. . . CHAR 9600-E F TVI912 <End>: Exit Date: Jul 16 G4BUSINESS LICENSE MANAGER SCREENGO G4LICENSE I.D. 16298 NAME MICHAEL P. BLOOM �. STREET NUMBER 2900 STREET DIREt�'TION UNIT NO STREET NAME EVEREST STREET TYPE LA CITY PYLMOUTH STATE MN ZIP 55422 PHONE NUMBER 4736227 , .. ..._ . . ... ., .. .>:. . _ . _. . _ ,,.. . _ _ - _ - - - - _ _, ... � :�i NOZ•�: T:11689 ��// �� 2:MANAGER IN CHARGE �p 3 : 072188 THE HEARING OF THE OFF-SALE LIQ LIC OF LICE 4:SEE (OAH DOCKET NOS CITY 88-028-AN AND 58-2101-244 5:8-6) BE RE-OPENED TO PERMIT NEW AND ADD'I, ALLEGATI 6:ON TO BE MADE, AND TO PERMIT THE INTRODUCTION OF N 7:EW EVIDENCE ON THE ORIGINAL ALLIGATION, BY THE OFF 8:ICE OF THE CITY ATTORNEY TO THE ADMINISTRATIVE LAW CHAR 9600-E F TVI912 <End>: Exit Date: Jul 16 G4BUSINESS LICENSE ASSOCIATE NAMES SCREENGO i LICENSE ID 16298 Type Associate Name 1: 1 MARCIA ANN BLOOM, PRES 2:3 MARCIA ANN BLOOM, SOLE SHAREHOLDER 3 : 4 : �_ 5: 6: 7: 8: G4Type 1 = Officer , 2 = Partner , 3 = StockholderGO G4Enter "\" to end screen, "DEL" key to delete a rowGO G4, >n go to row # n or <RETURN> to go forward. GO CHAR 9600-E F TVI912 <End>: Exit � rw .. „ ., , . . __ ....,. - - : _.- { ,-. _„ . � � �/-/1�.�'�` �``Tr°'• CITY OF SAINT PAUL ��* : � ��i�� OFFICE OF THE CITY ATTORNEY � h� ♦ "" JANE A.MC PEAK, CITY ATTORNEY 647 Ciry Hall,Saint Paul,Minnesota 55102 612-298-5121 7AMFS SCHEIBEL FAX 612-298-5619 MAYOR July 17, 1991 Mr. Michael P. Bloom, Manager Bloomies, Inc. , dba Marshall Liquors 2027 Marshall Avenue �; Saint Paul, Minnesota 55104 �; RE: All licenses held by Bloomies Inc. , dba Marshall Liquors for the premises located at 2027 Marshall Avenue, Saint Paul. Dear Mr. Bloom: . I am in receipt of information that could lead to an action against all your licenses. The basis for adverse action is that: "On July 3, 1991, the licensed establishment was open for business after 8:00 p.m. in violation of Section 409. 07 of the Saint Paul Legislative Code." If you do not dispute the allegations or facts, or agree that a violation occurred, but want to have the opportunity to speak to the Council to argue for the lightest possible penalty under all the circumstances, please call me at 298-5121 to work out the procedures. If you contest the allegations or dispute the facts, I will take the necessary steps to schedule a hearing before an independent hearing examiner and provide you with a proper notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. Please respond within ten days. You may be responsible for costs if I schedule a hearing thereafter and you do not appear and/or contest the facts. Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Marcia Ann Bloom License Inspector �� President, Lt. Nancy DiPerna Bloomies, Inc. Vice Unit Young Kil Kim, Purchaser . .. . . .. _ .. .- - - - - - - - - ,,.,- . .-.. --, - . . ?��c��lti�� AUG ��1gg�� ASSERMAI.� AND BAILL �� ° ;. �. A��rorL�r,vs Ar I�� - i �� August 9, 1991 Mark S.Wasserman Lawrence M.Baill Jeffrey M.Baii;' John R.Hanlon Michael C.Rajkowski Teri E.Bentson Philip B. Byrne, Esq. 'Also aCmir,ea•n M ch��a� A.ssistant City Attorney, City of St. Paul 647 Clt}� Hall Legal Assistants: St. Paul, MN 55102 Grece M.Dav�es Jacqueline J.Peterson.R.N. Re: All Licenses held by Bloomies, Inc., d b a Marshall Li uors for the Lynn M.Rice � � Q Cynthia li.Walton Premises Located at 2027 Marshall Avenue,.St. Paul Deanna Rian . Our File NO. 2728M-0002 R.s�ia�F�e�ge� Bruce T.Erickson Dear Mr. Byrne: 235C First Bank Place West Pursuant to our past telephone conversations, this letter is to formally advise �zo so�cn s�Xcti st�eec you that the above licensee, Bloomies, Inc., will not dispute the allegations or M��eaPo��S.MN s5aoz facts; agrees that a violation occurred, to wit: that on July 3, 1991, the licensed establishment was open for business after 8:00 p.m. until 10:00 p.m. in violation of Section 409.07 of the St. Paul Legislative Code. Telephone(612)332-2549 As we discussed, Michael P. Bloom, the manager of Marshall Liquors, was not Facsimilie (612)344-1689 aware of the changes in Minnesota law allowing him to be open on July 4 of this year until he was told by a beer salesman on the lst or 2nd of July. Apparently the beer salesman told him that a change in state law allowed this action, and he set out to verify same by calling the state Liquor Control Board. At that time, he spoke w�th A1 �ric�cson, one of the employees, who not only explained to him about the the change in the law allowing for sale on July 4, but also read to him Minnesota Statute § 340A.504, Subd. 4 (4) which allows for the sale of intoxicating liquor until 10:00 p.m. on July 3. It was for this reason and this reason alone that Mr. Bloom stayed open until 10:00 p.m. on Ju1y 3 and closed promptly at or before 10:00 p.m. After receipt of your letter to Mr. Bloom dated July 17, 1991, both Mr. Bloom and I contacted the Liquor Control Board and spoke with both Mr. Erickson and Mr. Lance Bolter, who both indicated that, while they normally advise individuals who call of Subd. 6 of that Statute, which generally indicates that a municipality may further limit the hours of sale but may not extend them, they�unply did not so advise Mr. Bloom on this particular occasion. T unders�and from my conversations with you that Mr. Robert Kessler also has investigated this matter; spoken with Mr. Bolter and Mr. Erickson; and those individuals have veri�ed the above information for Mr. Kessler. . �'l�/��'� Philip B. Byrne, Esq. August 9, 1991 Page 2 While, unfortunately, Mr. Bloom did violate the St. Paul Ordinance and freely admits same, it was purely inadvertent and unintentional. While you have informed me that Mr. Kessler sent letters to all licensees doing business in the City of St. Paul advising them of the changes of law well in advance of July 4, 1991, Mr. Bloom unfortunately never saw that letter. Because of the confusing and conflicting changes in the law, he made inquiry of the people from whom he assumed he would obtain the appropriate information and advice. Unfortunately, it turned out to be a technical violation. . Michael Bloom has asked that I make request of you that this matter be placed before tne St. Paul Ciry Councii as soon as p�ssibie. rie wuuid iike t�ie o�portunity tc explair� to the Council how this violation occurred and ask them for theu understanding and leniency so the Council might, in its discretion, impose a fine in lieu of a suspension; or in the alternative, a downward deviation from the presumptive penalties under Section 409.26 of the Code. As you also know, the liquor store is the subject of a purchase agreement and an application for liquor license transfer to a new buyer, and we feel it would be in everyone's best interest, including the City, to expedite this matter so that the sale and transfer can be accomplished as soon as possible. Thank you for your cooperation. I look forward to hearing from you relative to a date that this matte will appear before the Council. V ruly u s � � ark . Wasserman MSW/jp cc: Mr. Michael Bloom �� , �;:,� ,, CITY OF SA1 NT PAU L ' � DE�'ARTMEIVT OF FiNANCE AND MANAGFlNENT S R f F �J+ �' • �� J �„�'�;�"" := DlVISION OF L10Ei�ISE AND PERMIT ADMINI �� `� � "� 15 W, Keilogg . • "" Room 203.Gry Hail Saint Paul,Mianesota 55102 )AMES S�NEIBEI , MAYOR Alarm Permits 612-29&5143 • Building Contractor Licenses 612-29&5144 ' Business Licenses 612-298-5056 June 19, 1991 �i T0: Off Sale Liquor License Holders 1 ' ' FROM: Kris Van Horn, License Enforcement Auditoy`� RE; Sales on July 4th and January lst - ' This is to inform you that on May 14, 1991, the Saint Paul City Council amended Chapter 409.07 of the Saint Paul legislative code relating to the holiday hours of off sale liquor establishments. This amendment, which becomes effective on June 24, 1991, will� allow for the sale of off sale liquot on Ju1y 4th and January lst. I have at�ached a copy of the ordinance for your records. If you have any questions regarding this, pleasa Leel free to contact me at 298-5056. KVH/lk Attachment cc: Police Department Chief McCutcheon . Roll Call Walt Parker - Pioneez Press Mayor Scheibel City Councilmembers License Division Staff CLOSING TIME: Monday through Thursday 8:00 p:m. � Friday and Saturday 10:00 p.m. .:a ;� ��u''�'eta�0�.7'11� - ' _ • ' � '� Council File # . , . . i� �3 �� o��e # �.�� Greea Sheet r /cJ� � ' ORDINANC� OF SAlNT PAUL, MINNESOTA G//— ��.�� . �.. . Presented B Referred To Committee: Date 1 . An ordinance amending Chapter 409.47 of the - � Saint Paul Legislative Code relating to off-sale liquor establishment holiday howr�. . 'I'F� C4UNCIL OF THE CITY OF SAIi�1T PAUL DOES ORDAIN: Section 1 Section 409.07(a) of the Saint Paul Legisla�ive Code is hereby amended to read as follows: • "(a) �ours of sale. No sale of intoxicating liquor shall be made after 1�40 a.m. on Sunday nor until 8:00 a.m. on Monday. No on-sale shall be made between the houn of 1:00 a.m. and 8:00 a.m on any wee�Cday. No off-sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except off-sale shall be permitted on Friday and Saturday until 10:00 p.m. No of£-sale shall be made on �c�* .'��-' T�., , ; , "; Thanksgiving Day; or Christ�tmas Day, December 25; but on the evenin� preceding such days, if the sale of liquors is not otherwise prohibited on such evening,s, of�sale may be made until 10:00 p.m., except that no off-sale shall be made on December 24 after 8:00 P�--" tt:.: ..,.. . ��.:�.. ��....�ax��.�,<��.� � Y :N�:�':�r'�"�is;rordu�auc�.��:tt�.. e�:'' , e xan < ��;,��.��P�.�.��°�:� h.>�.,�:::.:;.;�..>.,.::.,,,<:...,:;:.:>:v,.>.x.. .��:.� . . . . -"Nn�3tSv.::i!.T: .. . .. . ... ..:n. ., . ��•.t��.�3�.�TLd��3 , . s. 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' ' . - �l .-1� {�O N �-I�Y� .-1 �l� ..i Y V M� i .i.`1 tJl �L'1 .-1/-r:M:A t�r i- .�:'1 M 1 4.:V�'1 � I I! .��w..--. � _i. � �_�_I I � f i �� n n�< u!.. m c+�o _ a• _ o - _ � ^j c�_ __'_ - - .- _a_�"a=- - ��' -o—I r-n �__ _ - n�: rv i. %i �• v ~ !.�l.k� � � 11V H L ,_^�>_::�: . . �::�.M�� F�<< � � �� :: . . • ' Green Sheet � �� RESOLUTION - ��J1� . � . CITY OF SAINT PAUL, MINNESOTA - � � �� . . .r .. �. Presented By L V i � ' . • � " � . Referred To . . _ _ . Committee: Date ; ' • � � aaaxZaa=az�a�=as�asaaaaas��3axsasas�ss�sssaaaasaaaaaasxaa3saa=saaaszsaaa�ea3a�a=a��===�3 RESOLVED, that the Intoxicating Liquors "Off Sale" and Original container licenses held by Bloomies Inc., dba Marshall Liquors for the premises at 2027 Marshall Avenue in Saint Paul are hereby suspended for a period of .3 consecutive day(s), commencing on 3—�}--q I • ,; This Resolution and the action taken above are based upon the facts contained in the . attached police reports dated November 21, 1990, December 12, 1990 and January 2, 1991. The facts as outlined in the police reports are not contested by the licensee, as evidenced by the attached letter signed by Mark S. Wasserman, Attomey for the licensee. The acrion taken is also based on the facts, circumstances and arguments presented by and an behalf of the licensee during the Public Hearing. . . � r- ca . � �, T . rTi !J� - p :--� :;o� - W -n= � — . c- .. � � ==�=c=====�____��_�e�__==�==c�====__====�c==a==�==c3=�ma�v��===�a===a===x=�x===s�=c��c====n -==a3�===�_____ ====c== a��=�= n=====___ Teas Na s Absent Requested by Department of: Dimond �osu�tz I,ICENSE & PERMIT DIVISION lon � Maccabee � Rettman � + Thune � ;� � �� ui son 1 �" 3�a=3�=v==�aaz�_=S�a�sa��s3�= ��a�e��=� .1 Adopted by Council: Date FEB 12 1991 form Approved by City Attorney Adoption Certified by Council Secretary gY: �; �, � � BY= � Approved by ayo� for Submissian to CC$ 1 � �� Cauncit � Approved by Mayor. Date �� (..(;"��,,.�i.�-,l/:?/ Bys By: � ✓ . .. . ._ _ . _ _ - - - - , .., _,.. . . . ,,. , �.: . ..° _ _ . .. - „ . . . _.. _ . _.. .,.. , .:-. ,:.- . .., :- .. : ,.,.� � � V, .N N a1 'd �� '!! N � � � � a.�i -rl O � Cl � d � � N � C� •r-1 G! 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