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File #: RES 15-1919    Version: 1 Name: The Lex ALJ Report Memorialization
Type: Resolution Status: Passed
In control: City Council
Final action: 11/12/2015
Title: Sustaining adverse licensing action against the application of The Lex, Inc., d/b/a The Lex for the premises located at 976 Concordia Avenue in Saint Paul.
Sponsors: Dai Thao
Related files: PH 15-18
Title
Sustaining adverse licensing action against the application of The Lex, Inc., d/b/a The Lex for the premises located at 976 Concordia Avenue in Saint Paul.

Body
WHEREAS, The Lex, Inc., d/b/a The Lex (License ID #20140003433) (hereinafter “Applicant”) filed an application for a Liquor On-Sale - Club Under 200 Members - “A” License on November 24, 2014; and
WHEREAS, Applicant received a Notice of Intent to Deny License dated March 30, 2015 (hereinafter “Notice”); and
WHEREAS, the Notice alleged that the proposed location of the licensed premises, 976 Concordia Avenue, is not eligible for an On-Sale Club license, as it is not located downtown, or in a commercial development district; and
WHEREAS, the Notice stated that the licensing office recommended denial of the application; and
WHEREAS, Applicant denied the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a Notice of Administrative Hearing was sent to all parties on May 12, 2015; and
WHEREAS, the parties requested summary disposition at a hearing held on July 30, 2015; and
WHEREAS, the Administrative Law Judge issued her Findings of Fact, Conclusions of Law and Recommendation on August 31, 2015, granting summary disposition in favor of the City; and
WHEREAS, the Administrative Law Judge then recommended the City of Saint Paul deny Applicant’s application; and
WHEREAS, the Department of Safety and Inspections agrees with the Findings of Fact, Conclusions of Law and Recommendation submitted by the Administrative Judge and denial of Applicant’s application; and

WHEREAS, the licensee was sent a Notice of Council Hearing on September 3, 2015; stating a public hearing would be held before the City Council on October 21, 2015, at which time licensee would have an opportunity to present oral or written arguments to the Council; and

WHEREAS, City Council reviewed the Administrative Law Judge’s Findings of Fact, Conclusions of Law and Recom...

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