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Considering and adopting the Recommendation and Order on Cross Motions for Summary Disposition submitted by the Administrative Law Judge concerning all licenses held by the University Club of St. Paul, d/b/a The Commodore at 79 Western Avenue North.
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WHEREAS, the licenses held by the University Club of St. Paul d/b/a The Commodore (“Licensee”) for the premises located at 79 Western in Saint Paul (“Licensed Premises”) were the subject of a Notice of Violation and Intent to Impose License Conditions (“NOV”) on January 19, 2017, herein incorporated by reference as Exhibit 61; and
WHEREAS, the NOV outlined the basis for the recommendation for adverse action and imposition of license conditions; and
WHEREAS, the NOV further stated “Please note: If you choose an administrative hearing, the Department of Safety and Inspections reserves the right to request that the City Council impose the costs of this administrative hearing, per Saint Paul Legislative Code §310.05(k); and
WHEREAS, Saint Paul Legislative Code §310.05(k) allows for council to impose the costs of an administrative hearing stating:
“The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; …”
WHEREAS, the Licensee responded to the NOV with a request for a hearing before an Administrative Law Judge in an em...
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