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File #: RES 11-297    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 2/16/2011
Title: Memorializing City Council action taken on February 2, 2010 sustaining adverse licensing action against all licenses held by Mazatlan d/b/a Mazatlan located at 567 Stryker Avenue in the City of Saint Paul.
Sponsors: Dave Thune
Related files: PH 11-3
Title
Memorializing City Council action taken on February 2, 2010 sustaining adverse licensing action against all licenses held by Mazatlan d/b/a Mazatlan located at 567 Stryker Avenue in the City of Saint Paul.

Body
WHEREAS, Mazatlan, LLC d/b/a Mazatlan (License ID # 20070001948) (hereinafter licensee) located at 567 Stryker Avenue in Saint Paul received a Notice of Violation dated September 16, 2010 (hereinafter First Notice) and a Notice of Violation dated September 22, 2010 (hereinafter Second Notice); and

WHEREAS, the First Notice alleged that on June 28, 2010 licensee allowed the after hours display and consumption of alcoholic beverages; and

WHEREAS, the Second Notice alleged a violation of license condition number five which requires that

Security personnel shall be assigned to each entrance starting at 9:00 p.m. and remain until all patrons have left the licensed premises, which include the parking lots. Security personnel shall wand (using a metal detector) each patron and check all handbags and packages carried by patrons. Security personnel shall verify the age of patrons by checking state or federally issued identification cards (no picture I.D., no entrance). Customers re-entering the establishment shall be subject to the same security measures as customers entering the establishment for the first time.

and

WHEREAS, licensee denied all the allegations and requested a hearing before an Administrative Law Judge; and

WHEREAS, a hearing was held before an Administrative Law Judge on November 9, 2010, at which each party was represented by Counsel and presented testimony; and

WHEREAS, the Administrative Law Judge issued a Report on December 17, 2010, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and

WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had committed the violation in the Second Notice, but that there was insufficient ...

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