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HomeMy WebLinkAboutJan 7, 1974SPECIAL HEARING OFFICIAL PROCEEDINGS January 7, 1974 The meeting was called to order at 8:05 p.m. Roll Call - Logacz, Heintz, Norberg, Land, Nawrocki - Present. Motion by Heintz, seconded by Norberg to appoint Barb ~ranco as Secretary Pro-Tem. Roll Call - All Ayes. The purpose of this meeting is a determination of what should be done with the licenses for the 500 Club, and also to determine the appropriate action on the exlst~ng licenses of the Mug. HEARING ON LICENSES Joanne Pastuszak, licenseholder of the 500 Club and Mrs. Dorcne Miller the license holder of the Mug were present. Official notices were delivered to Joanne Pastuszak and Dorene Miller in the proper legal form, and the affidavits signed by the Police Officer making the service. Officer Jendro, the complainant on the 500 Club in the conviction of Frank Pastuszak for selling beer to a minor after 1:00 a.m. was present. Officer Jendro gave his testimony regarding the events last April leading to the conviction involving the 500 Club. The Council questioned Officer Jendro on his testimony. Frank Pastuszak of the 500 Club was present, he felt that there are still many things that have not keen cleared up and this is why he is appealing to dis- trict court. Mayor Nawrocki said it is up to the Council to arrive at a statement of finding. The City Attorney was asked to come to the council table to draw up such a statement of findings.' These are the findings of faGt the Council arrived at: 1. That a hearing was held on January 7, 1974, before the City Council of the City of Columbia Heights, relating to the license applications of Joanne C. Pastuszak for an off-sale non-intoxicating liquor license and an on-sale non-intoxicating malt liquor license for the 500 Club in the City of Columbia Heights. Present at the hear- ing were Joanne C. Pastuszak, Frank Pastuszak and Officer Robert Jendro. Testimony was taken from each of these individuals. 2. That due notice of said hearing was personally delivered to Joanne C. Pastuszak on December 28, 1973. 3. That on April 22, 1973, Frank Pastuszak was the spouse, agent and employee of licen- see Joanne C. Pastuszak. Officer Robert Jendro testified that he has observed Frank Pastuszak selling beer and playing music in the 500 Club on many occasions. 4. That on April 22, 1973, Frank Pastuszak (1) sold intoxicating malt liquor to a minor and (2) sold non-intoxicating malt liquor at 1:10 a.m., both in violation of Minnesota las (Minn. Stat. 340.034 and 340.035) and Ordinance 143, as amended, of the City of Columbia Heights. That said sale was at the 500 Club in the City of Columbia Heights. 5. That on October 26, 1973, Frank Pastuszak was convicted of the offenses stated a- bove by the Court and Jury in the Anoka County Probate-County Court. 6. That Frank Pastuszak and Joanne Pastuszak denied that Frank Pastuszak was guilty of the offenses charged. 7. That the Council has the authority to suspend and/or revoke licenses to sell on- sale non-intoxicating malt liquor and off-sale non-intoxicating malt liquor under Ordinance No. 143, Section 13. (1937) Motion by Logacz, seconded by Heintz that the findings as listed be adopted. ~o!1 Call - All Ayes. Motion by Land, seconded by Heintz that Joanne C. Pastuszak be granted a license to serve on-sale non-intoxicating malt ][quor and a license to sei] off-sa]e non-intoxicat- ing malt liquor for the year 1974 subject to suspension of both licenses commencing on January 12, 1974, at 1:00 a.m. and terminating on February 11, 1974, at 1:00 a.m. for the premises known as the 500 Club, at 500 - 40th Avenue Northeast, Co]umbia Heights, Minnesota. Roll Ca]] - All Ayes. Mayor Nawrocki told Frank Pastuszak that his application for a license for the 500 Club would be considered at the next regular council meeting, January 14, 1974. HEARING ON THE MUG Official notices were delivered to Dorene Miller in the proper legal form, and the affidavits signed by the Police Officer makin9 the service. City Attorney Kalina, said this violation arose out of an offense at the Mug [nvo]ving Arnie Miller the husband of the license holder. Officer Jendro gave his testimony of the vio]ation and was asked questions be the Mayor and Council. Councilman Heintz asked City Attorney Kalina if the Ordinance reads that when a person is arrested it is an automatic revocation? The City Attorney said it does but he feels that this is of questionable legality if they are not given proper notice for a hearing. Councilman Norberg asked City Attorney Kalina if it should be considered that Mr. Miller said he pleaded guilty "to get it out of his hair"? Ka]ina said in your descretion you may believe or disbelieve this testimony, but if you decide to be- lieve his testimony you should probably consider the testimonies of Officer Jendro and Mr. Arnie Miller. The City Attorney was then asked to come to the Council table to help prepare a list of findings. The statement of findings are as follows: 1. That on January 7, 1974, a hearing was held for the City Council of Columbia Heights regarding possible suspension of the on and off sale non-intoxicating malt liquor licen- ses of Dorene Miller for the Mug bar in the City of Columbia Heights. 2. That due notice of said hearing was served personally on Dorene Miller on Decem- ber 28, 1973. 3. .That Officer Robert Jendro, Arnie Miller, and Dorene Miller were present to give testimony at said hearing. 4. That based on the testimony of Officer Robert Jendro, said Arnie Miller, spouse and employee of licensee Dorene Miller, permitted, October 14, 1973, intoxicating liquor (Phillips Vodka) to be (1) consumed and (2) mixed with soft drinks, both on the Mug premises. ~ 5. That said Arnie Miller has entered a plea of guilty in Anoka County Probate-County Court to the violations listed above, which constitute violations of Ordinance No. 143 as amended by Ordinance No. 574. 6. That based on the testimony of Officer Jendro, the police dispatcher had notified the licensee of the possibility that the above violations may be occurring on the date of the offense. That said licensee responded that her husband was taking care of the bar and that she could do nothing. 7. That Dorene Miller offered no testimony concerning the specific offenses charged. That Arnie Miller denied before the Council that he had any knowledge that someone had brought the Vodka into the Mug on the night of the offense, but did not deny that intoxicating liquor was consumed on the premises nor that 7-Up was mixed with said intoxicating liquor. 8. That the City Council has the authority to suspend licenses to sell on and off sale non-intoxicating malt liquor based on these facts under the authority of Ordinance No. 143, Section 13, and Ordinance No 143 as amended by Ordinance No. 574. Motion by Land, seconded by Norberg to adopt the findings as stated. Roll Call - All Ayes. Motion by Heintz, seconded by Logacz that Dorene Miller be granted a license to serve on-sale non-intoxicating malt liquor and a license to sell off-sale non-intoxicating malt liquor for the year 1974 subject to a suspension of both licenses commencing on January 12,. 1974, at 1:O0 a.m. and terminating on February 11, 1974, at 1:00 a.m. for the premises known as the Mug at 4010 Central Avenue Northeast, Columbia Heights Minnesota. Roll Call--All Ayes. REQUEST FOR GEORGE BROWN TO ATTEND AN AIR POLLUTION SEMINAR George Brown requested authorization to attend a seminar on Air Pollution at the Arden Hills Training Center the week of January 14th -- 18th. There Ts no registration charge, so the only cost would be the travel expense to Arden Hills and lunches. The estimated cost would be about $30.00 which would come out of the General Fund. Motion by Land, seconded by Logacz to authorize that George Brown attend the Air Pollu- tion seminar from January 14th - 18th, 1974. Roll Call - All Ayes. REQUEST FOR ROBERT OWENS TO ATTEND A LAND SURVEYING SEMINAR This seminar is on a level for ~enior Engineers. City Manager felt that this would be a good refresher course and also an up-dating on new procedures. There is no tuition cost and it is also at the Arden Hills Training Center from January 21-25, 1974. Motion by Heintz, seconded by Norberg to authorize Robert Owens to attend the Land Sur- veying Seminar with necessary expenses from the General Fund Allowed. Roll Call - All Ayes. SUBURBAN LEAGUE OF MUNICIPALITIES The meeting rs Thursday, January lOth. The purpose of the meeting is to take action on the legislative committee report relative to the Metropolitan Agencies that was tabled at the December 13th meeting. Motion by Heintz, seconded by Norberg to authorize expenditures for up to five people to'attend the Suburban League of Municipalities. Roll Call - All Ayes. Motion by Logacz, seconded by Land to adjourn at 10:06 p.m. Roll Call - All Ayes. Bruce G. Nawrocki, M A Y 0 R s~etary-Pro':Fe'~ to the Council