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91-2108,��r�l�1� . ;,,.- �i- �t o� ,�✓ �� I Council File # �/�� Green sheet j�� 3"'�G / �.. # <<" �y'Q RESOLUTION CITY OF SAINT PAUL, MINNESOTA � ` Presented By Referred To Committee: Date RESOLVED, that the Intoxicating Liquor On Sale (License ID #18526), Sunday On Sale Liquor, Entertainment, Restaurant, Catering and Cigarette licenses held by Bilco Inc., dba Billy's on Grand for the premises at 857 Grand Avenue in Saint Paul are hereby suspended for a period of consecutive day(s), commencing on for the violation of "Sale of alcoholic beverages to a Minor". This Resolution and the action taken above are based upon the facts contained in the attached police report dated September 27, 1991. The facts as outlined in the police report are not contested by the licensee, as evidenced by the attached letter signed by William T. Wengler, President. 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: imon oswi z on acca ee e man un e i son BY� Form Approved by City Attorney Adopted by Council: Date , . Adoption Certified by Council Secretary By: //-(�- Q� By' Approved by Mayor for Submiasion to Approved by Mayor: Date Council By: By� ' � DO NOT PUT IN TRACKER �f. ��v" � DEPARTMENT/OFFICE/COUNCIL DATE INITIATED �T Finance/License GREEN SHEET l�� . 17677 CONTACT PERSON&PHONE INITIAUDATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCIL R. Kessler/298-5056 ASSIGN �CITYATfORNEY �CITYCLERK NUMBER FOR MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING �BUDGET DIRECTOR FIN.8 MOT.SERVICES DIR. 1''OI Hearing: 11/19/91 ORDER �MAYOR(ORASSISTAN� � Council Researc TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Uncontested License Action Billy's On Grand RECOMMENDATIONS:Approve(A)or Reject(R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWIN(3�UESTIONS: _PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1• Has this person/firm ever worked under a contract for this department? _CIB COMMITfEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF _ YES NO _DISTRICT COURT _ 3. DoBS thlS erson/firm p possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain ell yes answera on separata sheet and attach to groen sheet INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When.Where,Why): UNCONTESTED LICENSE ACTION ADVANTAOES IF APPROVED: DISADVANTA(iES IF APPROVED: DISADVANTAGES IF NOT APPHOVED: RECEIVED �ov 121991 CITY CLERK TOTAI AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFOFMATION:(EXPLAIN) � �oA .w gs �� . �� l� 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 suthorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. Ciry 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. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. Ciry 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 papercHp or flag each of these pages. ACTION REQUESTED Describe what the projecVrequest 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 if the issue 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 ciry's liability 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 law/ charter or whether there are specific ways in which the Ciry of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inabiliry 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? - - . . ✓ `�`.� - .�i � � UNCONTESTED LICEN3E HEARING RECEIVEI� Nov i 21991 Licensee Name: Bilco Inc. , dba Billy's on Grand �iTY C�.EE�K Address: 857 Grand Avenue Hearing Date: November 19, 1991 Violation: Sale of alcoholic beverages to underage-person §409. 08 (2) (a) Date: September 27, 1991 Time: Approximately 6 p.m. Place: 857 Grand Avenue Matrix Presumptive Penalty: 2nd Appearance - 6 day suspension §409.26 (b) (3) 1 ist Appearance - 3 day suspension §409.26 (b) (3) Recommendation of License Inspector: To impose the suspension provided for in the penalty matrix. ��E� Robert Kessler License & Permit Division Manager Attachments 1. Proposed resolution 2 . Police report 3 . License information 4. Notice to Licensee of violation 5. Letter of licensee or attorney agreeing not to contest the facts 6. Council Resolution #91-378 1 Licensee appeared before the Council on March 5, 1991. Council Resolution #91-378 is attached. • , % v Lic ID. . . . . . . . . . . . . . . . . . . 18526 STAT. . . . . . . . . . . . . . . . . . . . . AC Business Name. . . . . . . . . . . . BILCO INC Doing Business As. . . . . . . . BILLY'S ON GRAND Address. . . . . . . . . . . . . . . . . . 857 GRAND AVE • Zip. . . . . . . . . . . . . . . . . . . . . . 55105 Exp Date. . . . . . . . . . . . . . . . . 06/13/92 License Name. . . . . . . . . . . . . LIQ-ON SALE-OVER 200 SEATS-A . SUNDAY ON SALE LIQUOR . RESTAURANT 14HRS 100S OR MORE-D . ENTERTAINMENT-CLASS 3 . CATERING TO 1000 SQ FT NOTE AREA. . . . . . . . . . . . . . . . 12296 . 061990 PIi ON APPN FOR NEW ON SALE LIQUOR A, SUNDAY . , ENTERTAINMENT III & RESTAURANT D LIC APP'D C.F. . 90-1032 (FORMERLY LICENSED BY R.B.S. , INC. DBA BIL . LY'S ON GRAND ID16186) . 030591 PH ON SUSPENDING ALL LICENSES FOR 3 CONSECU . TIVE DAYS (ONE DAY SUSPENSION STAYED FOR 18 MONTHS . - TWO DAYS SUSPENSION TO TAKE PLACE 3/24/91 AND 3/ . 25/91) Press <RETURN> to continue. . . Alt-Z FOR HELP° WYSE 50 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . 031491 C.F. 91-378 WAS ADOPTED BY COUNCIL FOR THE . ABOVE SUSPENSION. . 053091 REQUEST FOR ONE DAY EXTENSION OF SERVICE AR . EA FOR 6/2/91 FROM 12 : 00 NOON TO 5: 00 P.M. TO THE . PARKING LOT ADJACENT TO THE BUILDING APPROVED WITH . RESTRICTIONS AS FOLLOWS: C.F. 91-1005 . 1. SECURITY MUST BE AT DOORS TO ENSURE THAT NO ALC . OHOLIC BEVERAGES LEAVE THE PREMISES AND AT THE OUT . SIDE AREA EXITS OR GATES. . 2. OUTDOOR SERVICE IS LIMITED TO ON SALE MALT BEV . ERAGES ONLY WHICH SHALL BE CONSUMED ON THE PREMISE . S. Bond Policy Number. . . . . . . Bond Company. . . . . . . . . . . . . Bond Effective Date. . . . . . Bond Expiration Date. . . . . / / Insurance Carrier. . . . . . . . ACCEPTANCE INDEMNITY Ins. Policy Number. . . . . . . IL 383334 Insurance Effective Date. 06/14/91 Ins. Expiration Date. . . . . 06/13/92 Associated Stock Holder. . WILLIAM T WENGLER - PRESIDENT/CEO . KEVIN H EDHOLM - VICE PRESIDENT/CFO Press <RETURN> to continue. . . Alt-Z FOR HELP° WYSE 50 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . WILLIAM T WENGLER Dealer No. . . . . . . . . . . . . . . . Tax Id. . . . . . . . . . . . . . . . . . . 3907311 Worker Comp Exp Date. . . . . CONT Telephone. . . . . . . . . . . . . . . . 292-9140 • , j V Press 'C' to continue, 'P' to print, or 'R' to redisplay. . . Alt-Z FOR HELP° WYSE 50 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Lic ID. . . . . . . . . . . . . . . . . . . 52744 STAT. . . . . . . . . . . . . . . . . . . . . AC Business Name. . . . . . . . . . . . BILLCO INC Address. . . . . . . . . . . . . . . . . . 857 GRAND AVE Zip. . . . . . . . . . . . . . . . . . . . . . 55105 Doing Business As. . . . . . . . BILLY'S ON GRAND License Name. . . . . . . . . . . . . CIGARETTE Exp Date. . . . . . . . . . . . . . . . 03/31/92 Insurance Carrier. . . . . . . . Ins. Policy Number. . . . . . . Insurance Effective Date. Ins. Expiration Date. . . . . NOTE AREA. . . . . . . . . . . . . . . . Tax Id. . . . . . . . . . . . . . . . . . . 3907311 Worker Comp Exp Date. . . . . Telephone. . . . . . . . . . . . . . . . 292-9140 Press 'C' to continue, 'P' to print, or 'R' to redisplay. . . Alt-Z FOR HELP° WYSE 50 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � � � � � _ .� , � � � � i ... ❑ i � _ _ . a_. [ C �. �. ._._...�.'.. ��. ' u �� ` t . W `' ' '1 0 �� N � ! � � J O Y ► � f� 'r'� � -L- I� t 1'. � � �t > ► i � �+ �-1 • f�-1 $ � r 2` '�`a w • r J � '; : vt O CZ � �i O 'U �-� �\ Qs�j �- � � r �+ �1 {� ±! 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CITY OF SAINT PAUL O M ; ��m ; OFFICE OF THE CITY ATTORNEY � �O • l�s• JANE A.MC PEAK, CITY ATTORNEY 800 Landmark Towers Saint Paul,Minneaote 55102 612-298-5121 JAMFS SCHEIBEL FAX 612-298-5619 MAYOR October 15, 1991 Bilco Inc. , dba Billy�s on Grand 857 Grand Avenue St. Paul, Minnesota 55105 RE: License held by Bilco Inc. , dba Billy's on Grand for the premises located at 857 Grand Avenue, Saint Paul. Dear Mr. Wengler: I am in receipt of information that could lead to an action against all your licenses. The basis for adverse action is that: "On September 27, 1991, four minors entered your establishment and were served alcoholic beveraqes by a waitress who did aot ask for or check aqe identification. Two of the minors were also served shortly thereafter by two other bartenders in the licensed premises without any cardinq or request for identification. Shortly thereafter a uniformed officer entered the establishment and determined that the names of the waitress and of the bartenders. This matter violates both state law and city ordinance.�� 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 License & Permit Division Manager Lt. Nancy DiPerna Vice Unit . • � V Mr. William Wenqler Billy's On Grand/Bilco Inc. R��EiVED 857 Grand Avenue St. Paul, MN 55105 (612) 292-9140 NOV � 6 1991 November 5, 1991 �RT� p�TO�NEY Mr. Phillip B. Byrne Assistant City Attorney 647 City Hall Saint Paul, MN 55102 RE: Liquor license held by Bilco Inc. , dba Billy's On Grand tiear Mr. Byrne: I am writing to inform you that Billy's on Grand will not contest that we are at fault for serving beer to two minors accompanied by the St. Paul Police Department's vice squad on September 27, 1991. I understand that we will have the opportunity to speak on this issue at an upcoming City Council hearing. Sincerely yours, � n L,C�-til .— William T. Wengler, wner Billy's on Grand cc: Robert Kessler, License Division City Council members ,. , �� L � Council File # 9/'3�l� . � v , � i Green Sheet # . �soL N � � � � C OF SAINT PAUL,MINN]�.SOTA . � _ � . Preaented By D-�--l�' � . • .:�.Referred To . . . . � � • Committee: .Date .�. .. . .,N• � ' ' ` � ' - -�� ` � RFSOLVED, that the Intozicating Liquor On Sale, Sumday On Sale Liquor, Entestainment, . ..., Restanrant and Catering licenses held by Bilco Inc.,dha B�11y's on Graad for the pre;mises at 857 : � � . Grand Avenue in Saint Paul are hereby suspeuded for a period of three cansecutive day(s),� � provided that one of the days of suspension is siayed for a period of 18 moaths, with the two days = actual �suspension to rake place March 24 and 25, 1991. , This Resolution and the actioa taken above are based npcm the facts contained in the aiiached police report daied 7anuary 17, 1991. The facts as outlined in the police report are not � contested by the licensec, as evidenced by the attached letter signed by W�Iiam T. Wengler, . . President 'The action taken is also based on the facts, circumstances and arguments presented by and on behalf of the licensee during the Public Heazing. This action represents a downward departure from the presumptive penalty in Section 409.26 of the Saint Paul legislative Code. The reasons for such departure are that the Iicensee has promuleaied sweeping naw re�ictive policies on dealing with minors in the establishment, as outlined in their lett,es dated February I1, 1991, wiuch policies are to be eavouraged and which will help aIleviaie the pos43�ty of minors beia� sesved aico�olic beverages in t�e li�nsed establishmeat � � � � — � _ �- - a _:=�� . _ � �� --,- � - � = - � • — _{ ' N - - • . .. p :'C � . � . � •' O ' .�� , Yeas Navs Ab� serst gequested bp Departmeat of: _ imon ,,,�_ osraitz �_ n - ' aecavee � - . etr.�an �- � � • va e T . � soa ` BYz _ : � . . _" � �lAR i 4 19gi � Fo� �a �r ci�r a�� . . edo�pted by Cocaci2a Date Adoption Certified by Council Secretary gy: �/�,� �. %��pd.�G_ By: ��'�- � ''1 � Approved by Hayor for Submission to Approved� , Mayor: Date MAR 15 ��1 �uncil ' ��?.Ly��`�</�i� • Hy' By: / � . t • �•*= o, �+' :, CITY OF SAINT PAUL O y ; �_�� ,. OFFICE OF THE CITY ATTORNEY . „� � .... JANE A.MC PEAK, CITY ATTORNEY 800 I,endmar�Towere Saint Paul,Minneeota 55102 JAMES SCHEIBEL RECEIVED 612-29s-5121 FAX 612-298-5619 MAYOR Nov o 61991 November 6, 1991 �ITY CLEkK William T. Wengler, President/CEO Bilco Inc. , dba Billy's on Grand 857 Grand Avenue St. Paul, Minnesota 55105 � NOTICE OF COIINCIL HEARING RE: Licenses held by Bilco Inc. , dba Billy's on Grand for the premises at 857 Grand Avenue, St. Paul, MN 55105 Dear Mr. Wengler: Please take notice that a hearing concerning the above-mentioned establishment has been scheduled for 9:00 o'clock a.m. , November 19, 1991 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed please 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 police report 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 B. BYRNE Assistant City Attorney cc: Robert Kessler License & Permit Division Manager Lt. Nancy DiPerna Vice Unit Molly O'Rourke City Clerk Ms. Chris Trost, Community Organizer Summit-Hill Association � � �� - � ic � UNCONTESTED LICENSE HEARING i�ECEIVED vov o 61g91 Licensee Name: Bilco Inc. , dba Billy's on Grand ��Y CLEF�K Address: 857 Grand Avenue Hearing Date: November 19, 1991 Violation: Sale of alcoholic beverages to underage-person §409. 08 (2) (a) Date: September 27, 1991 Time: Approximately 6 p.m. ' Place: 857 Grand Avenue Matrix Presumptive Penalty: 2nd Appearance - 6 day suspension §409.26(b) (3)1 lst Appearance - 3 day suspension §409.26(b) (3) Recommendation of License Inspector: To impose the suspension provided for in the penalty matrix. Robert Kessler License & Permit Division Manager Attachments 1. Proposed resolution 2. Police report 3. License information 4. Notice to Licensee of violation 5. Letter of licensee or attorney agreeing not to contest the facts 6. Council Resolution #91-378 1 Licensee appeared before the Council on March 5, 1991. Council Resolution #91-378 is attached. 4��T!�+� �+ ., CITY OF SAINT PAUL O M � ��_�� ,� OFFICE OF 'IT� CITY ATTORNEY . „� . "" 7ANE A.MC PEAK, CTTY ATTORNEY 800 Landmark Towece Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR October 15, 1991 Bilco Inc. , dba Billy�s on Grand 857 Grand Avenue St. Paul, Minnesota 55105 �; RE: License held by Bilco Inc. , dba Billy's on Grand for the premises located at 857 Grand Avenue, Saint Paul. Dear Mr. Wengler: I am in receipt of information that could lead to an action against all your licenses. The basis for adverse action is that: "On September 27, 1991, four minors entered your establishment and were served alcoholic beveraqes by a waitress who did not ask for or check aqe identification. Two of the minors were also served sbortly thereafter by two other bartenders in the licensed premises without any carding or request for identification. Shortly thereafter a uniformed officer entered the establishment and determined that the names of the waitress and of the bartenders. This matter violates both state law and city ordinance." 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 � License & Permit Division Manager Lt. Nancy DiPerna Vice Unit Mr. William Wengler Billy�s on Grand/Bilco Inc. R��EIVED . 857 Grand Avenue St. Paul, MN 55105 �s�2� 292-�14o NOV � 6 1991 November 5, 199� �ITY �TTORNEY Mr. Phillip B. Byrne ; Assistant City Attorney 647 City Hall Saint Paul, MN 55102 RE: Liquor license held by Bilco Inc. , dba Billy's On Grand Dear Mr. Byrne: I am writing to inform you that BilZy's on Grand will not contest that we are at fault for serving beer to two minors accompanied by the St. Paul Police Department's vice squad on September 27, 1991. I understand that we will have the opportunity to speak on this issue at an upcoming City Council hearing. Sincerely yours, � William T. Wengler, wner Billy's on Grand cc: Robert Kessler, License Division City Council members