Title
Memorializing City Council action taken August 19, 2015 sustaining adverse licensing action against all licenses held by Jefferson Avenue Investments, Inc. d/b/a Tavern On The Avenue located at 825 Jefferson Avenue in St. Paul.
Body
WHEREAS, Jefferson Investments, Inc. d/b/a Tavern On The Avenue (License ID #20060003441) (hereinafter “licensee”), received a Notice of Violation dated May 14, 2015 (hereinafter “Notice”); and
WHEREAS, the Notice alleged that on April 25, 2015, a complaint was received by Saint Paul Police concerning a loud noise coming from the establishment in violation of license condition #7 and Saint Paul Legislative Code § 293.02(a); and
WHEREAS, the licensing office recommended an a $500.00 matrix penalty; and
WHEREAS, licensee denied the allegation and requested a hearing before an Administrative Law Judge; and
WHEREAS, a Notice of Administrative Hearing was sent to all parties on June 22, 2015, scheduling the hearing before an Administrative Law Judge on July 21, 2015; and
WHEREAS, the Administrative Law Judge issued his Findings of Fact, Conclusions of Law and Recommendation on July 27, 2015, stating that the licensee violated Saint Paul Noise Ordinance (Saint Paul Legislative Code § 293.02) when amplified sound was permitted to leave the establishment and disturb the residential neighborhood in which the establishment is located; and
WHEREAS, the Administrative Law Judge recommended that the City of Saint Paul impose a $500.00 matrix penalty for the violation to the Noise Ordinance; and
WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on August 19, 2015, at which time licensee would have an opportunity to present oral or written argument to the Council; and
WHEREAS, licensee called the Assistant City Attorney prior to the public hearing stating he no longer wished to contest the penalty and would not appear at the public hearing; and
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