Saint Paul logo
Share to Facebook Share to Twitter Bookmark and Share
File #: RES 18-335    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 2/14/2018
Title: Adopting the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge as amended, and revoking all licenses held by El Alamo for the premises located at 429 Robert Street South.
Sponsors: Rebecca Noecker
Title
Adopting the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge as amended, and revoking all licenses held by El Alamo for the premises located at 429 Robert Street South.

Body

WHEREAS, El Alamo, (License #20080004592), received a Notice of Violation/Notice of Intent to Suspend Licenses dated October 13, 2017 seeking adverse action for multiple violations of the terms and conditions of its license; and

WHEREAS, a hearing was held on the Notice of Violation/Notice of Intent to Suspend Licenses before Administrative Law Judge Eric L. Lipman (herein after “Judge Lipman”) on December 7, 2017. Each party was represented by Counsel, submitted oral testimony and documents into the record, and made closing arguments; and

WHEREAS, on January 8, 2018, Judge Lipman issued Findings of Fact, Conclusions of Law and a Recommendation including finding that the City had grounds to take adverse action against El Alamo for violation of license conditions 3, 6, and 8 on September 9, 2017, and license condition 1 on September 28, 2017; and

WHEREAS, Judge Lipman found that El Alamo had previous adverse licensing actions from August of 2013 (failure to pass an alcohol compliance check) and April 26, 2017 (failure to abide by license condition number 1); and

WHEREAS, under the penalty matrix in Chapter 310.05 (m) of the Legislative Code the presumptive penalty for a second violation within twelve (12) months is a fine of $1,000.00; and

WHEREAS, Saint Paul Legislative Code section 310.05 (m) provides “the council may deviate [from a presumptive penalty] in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate; and

WHEREAS, within his Summary of Conclusions, Judge Lipman explained his recommendation for...

Click here for full text
Date NameDistrictOpinionCommentAction
No records to display.