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HomeMy WebLinkAbout11-25-1974RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item President Postier called the Special Council Meeting to order at 4:45 P.M., the following members being present: President Posti.er, ldermen Kamper, Larson, Ludowese, McNary, Powers and Strain. Absent: None. President Postier read the call of the special meeting for the purpose of adopting the fact findings for Jim and Joe's Tavern and any other business the Common Council may deem proper. Mr. Gerald Swanson, City Attorney gave a copy of the proposed finding of fact , conclusions and order to the attorney for James Vesey, Mr. James Suk and to the members of the Council and requested that these findings be gone over. At the last Council meeting, the Counci moved that Jim and Joe's be closed at 10:00 P.M. each night and instruct the City Attorney to prepare the necessary legal documents and for this purpose the following findings of fact are presented: IN THE MATTER OF THE NON -INTOXICATING MALT LIQUOR LICENSE ISSUED TO JAMES VESEY D/B/A JIM AND JOE'S TAVERN ROCHESTER, MINNESOTA The above - entitled matter came on for hearing before the Common Council of the City of Rochester on November 4th"and 18th, 1974; James Suk, attorney at law, appeared on behalf of James Vesey. Upon evidence presented at the hearing, the argument of counsel, and upon entire record and proceedings herein, the Common Council, being fully advised in the premises, hereby makes the following findings of fact, conclusions and order: FINDINGS OF FACT 1. Jim and Joe's Tavern,herein referred to as Jim & Joe's, is located at 301 17th Avenue S. W. in the City of Rochester, Minnesota and during all times hereinafter mentioned has been operated and mana by James Vesey under a non -intoxicating malt liquor license issued by the Common Council. 2. On June 18, 1973 the Common Council held a hearing to receive evidence in the matter of the suspension or revocation of Jim and Joe's non -intoxicating malt liquor license. As a result of said hear' the license was suspended for 20 days and when reinstated was subject to the following conditions: a. Age identification to be made at the door. b. The parking lot would be policed to control noise and disturbances. c. The parking lot would be lighted in a manner that would not be annoying to the adjacent residents. d. All customers would be out -of the premises by 12:00 midnight. 3. On September 5, 1974 Detective Arthur Feind of the Rochester Police Department investigated a complaint that minors were being se e e rJ ng :I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item I I in Jim and Joe's during lunch hours: Upon arrival at Jim and Joe's around noon bartender Hayes admitted to Detective Feind that he had n t checked I D's that day. Detective Feind then checked I D's�of"seven- girls who were sitting at tables in the barroom: two who were'18 years"of age had I D's ; one did not have an I D but claimed to be 18 years of age; four who stated they were 17 did not have I D's and were not accompanied by their parent or legal guardian. All seven said they were students at John Marshall High School in Rochester. 4. At various times during 1974 neighbors behind Jim and Joe's have seen patrons leave the parking lot of Jim and Joe_.s at night, urinate in public by the residences at 311 and 318 18th Avenue S. W. and then return to Jim and Joe's. 5. On Numerous occasions during 1974 patrons when leaving Jim and Joe's between 11:30 p.m. and 1:00 a.m. have shouted , honked horns , and raced their cars in the parking lot and on the public street thus disturbing and annoying occupants of the residences in the vicinity of Jim and Joe's and disrupting the peace and quiet.of the neighborho d. 6. Patrons of Jim and Joe's leave their cars parked in Jim and Joe's parking lot at the 12:00 midnight.closing time and then return after 1:00 a.m. the same night to get their cars, and when leaving at that time do so in such a loud and noisy manner as to unreasonably annoy, injure or endanger the comfort or repose of -a considerable number of members .of the public. 7. James Vesey has managed and operated Jim and Joe's knowing that the incidents hereinabove described would occur and had occurred before. 8. Minnesota Statutes, Sections 609.74 and 609.745 provide: 609.74. PUBLIC NUISANCE. Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) Maintains or permits a condition which unreasonably annoys, injures or endangers the savety , health, morals comfort,'or repose of any considerable number of members of the publ.i c; or (2),Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way , or waters used by the public; or (3) Is guilty of any other act or omission declared by law to be a public nuisance and for which.no sentence is specifically provided. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 25, 1974 - Special Council meeting No. 24 Agenda Item 609.745 PERMITTING PUBLIC NUISANCE. Whoever permits real property under his control to be used to maintain a public nuisance or lets the same knowning it will be so us is guilty of a misdemeanor. 9. Minnesota Statutes, Section 340.035 provides in part: 340.035.. MINORS. Subdivision 1. It shall be unlawful for any: (1) Licensee or his employee to sell or serve non -intoxica- ting malt liquor to any minor or to permit any minor to con sume non -intoxicating malt liquor on the licensed premises or to permit any minor to loiter or to remain in the room where non -intoxicating malt liquor is being sold or served unless accompanied.by his parent or legal guardian; Subd. 2. A person violating any provision of this section is guilty of a misdemeanor. 10. Rochester Code of Ordinances, Section 161.220 provides: 161.220. Suspension or Revocation. Any license granted under this Chapter may be revoked or suspended for cause. The violation of any provision or condition of this ordinan or any.other ordinance or state law relating to the sale of non -intoxicating malt liquors or intoxicating liquors by a licensee or his agent shall be -ground for revocation or suspension of the license. CONCLUSIONS 1. Minors have been permitted to remain at Jim and Joe's in violation of Minnesota Statutes, Section 340.035. 2. The operation of Jim and Joe's as hereinabove described constitutes a public nuisance in violation of Minnesota Statutes, Section 609.74 and 609.745. npnFp It is ordered that the non -intoxicating malt liquor license issued to James Vesey d/b/a Jim and Joe's Tavern at 301 17th Avenue S. W. is revoked. It is further ordered that the foregoing revocation is stayed subje t to the conditions that effective immediately Jim and Joe's shall clos and all customers shall leave the premises in a quiet and peaceful E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA manner not later than 10:00 p.m. each day Jim and Joe's is opened for :business. Dated this 25th day of November, 1974. COMMON COUNCIL OF THE City of Rochester s/ R.J.Postier President Mr. James Suk; attorney for James Vesey was present and stated that the hearing held on November 18, 1974 should be included in the fact findings. Mr. Swanson stated -that it would be added. . Alderman McNary also questioned the residences at 311 and 318 18th Avenue S. W. These were the correct addresses •and should be stated as such in the fact findings. McNary moved, Ludowese seconded to approve the Findings of Fact at this time. Ayes (7), Nays (0). Motion carried. McNary moved, Ludowese seconded to adopt the Conclusions and Order as so stated. Ayes (4), Nays (3). Motion carried, Aldermen Kamper, Larson, Ludowese, and McNary voting aye, Aldermen Powers, and Strain and President Postier voting nay. Having no further business, McNary moved, Kamper seconded to adjourn the meeting. Ayes (7), Nays (0). Motion carried. L�