Title
Sustaining adverse action against all licenses held by Midway Enterprises, LTD, d/b/a Hot Rods Bar & Grill at 1533 University Avenue West.
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WHEREAS, Dean Bigaouette (“Licensee”), Midway Enterprises, LTD d/b/a Hot Rods Bar & Grill (License ID #0016294) located at 1553 University Avenue West in Saint Paul received a Notice of Violation dated December 22, 2016; and
WHEREAS, the Notice alleged that on October 20, 2016 at approximately 2:00 a.m. Saint Paul Police were at the establishment conducting surveillance to stop a known wanted party on a warrant and observed the suspect leave the bar with a white cup approximately one hour after closing time in violation of Saint Paul Legislative Code 409.08(9); and
WHEREAS, the Notice also alleged that when officers stopped the known wanted person they learned that the white cup contained an alcoholic beverage in violation of §409.08(15); and
WHEREAS, Licensee denied the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a hearing was held before an Administrative Law Judge on February 22, 2017, at which each party was represented by Counsel and presented testimony and the City offered exhibits; and
WHEREAS, a Report was issued on March 22, 2017, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and
WHEREAS, the Administrative Law Judge concluded that there was sufficient proof of the alleged violations; and
WHEREAS, the Administrative Law Judge also found that the presumptive penalty of $1,000 requested by the City was an appropriate sanction under the circumstances; and
WHEREAS, at a public hearing on April 5, 2017 the Council of the City of Saint Paul considered all the evidence contained in the record, the Administrative Law Judge’s Findings of Fact, Conclusions of Law, and Recommendations, and the oral arguments of the City presented before the Council, and licensee did not ...
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