HomeMy WebLinkAbout1969/03/13 - ADMIN - Minutes - City Council - Regular (2) LCITY COUNCIL MEETING
S OF
FLOSpECIA ,
MINUTE13UIS PARKMINNESOTA
,
S 1969
March ,
o f the City c o unc it
v, as called to order by Mayor Thiel at
A special meeting
5 : 15 Pm .
councilmen were p
resent at roll call :
The following
' Murray
Galinson
Richard Graves
Frank Howard
Robert Reynolds
Leonard Thiel
Cit Attorney , Deputy City Clerk ,
City ner , Setter ,
Also present were the City Manager , Johnson , Klump
! Police Chief , Sgt.
. Morris , Officers Shook ,
d Actin Secretary . Councilman Koch arrived at 5 : 2 p . m .
and harwood , an g
and Councilman Heltzer at 5 : 30 p . m .
Foo Chu Cafe , along with
Mr . James Wong was Present as spokesman for the
Mr . Herb Davis , his attorney .
I
Councilman Galinson stated for record that he has personal connections
with a wholesale liquor firm doing business with the Foo Chu Cafe and
! would withdraw if the licensee so desired .
Mr . Wong indicated he had
no objection to the presence of Councilman Galinson .
The City Attorney gave a summary of the situation and explained that the
meeting was called as a hearing on revocation or suspension of the liquor
license of Foo Chu Cafe , 4215 Excelsior Boulevard , St . Louis Park ,
Minnesota
due to recent alleged violation of the intoxicating liquor licensing ordinance
involving sales to a minor .
After consultation between representatives of the City , the licensee , and
their attorneys , it was stipulated and agreed that the factual basis of the
hearing with respect to the violation claimed by the City would be based
upon the documentary evidence to be presented by the City Attorney to the
City Council , consisting of the Notice of Hearing with proof of service
attached , a certified copy of Ordinance No . 920 dealing with liquor sales ,
and a copy of the offense reports of the Police Department . All of these
documents were marked as exhibits and were received in evidence by the
Mayor on behalf of the City Council and declared to be findings of fact for
purposes of the hearing .
The second phase of the hearing having to do with the consideration of
mitigating circumstances and the imposition of disciplinary action , if any
were found to be necessary was also stipulated and agreed to be presented
to the Council by the representatives of the various parties involved ,
reserving the right to take evidence as to any aspects of the hearing a'hl� h
75
Council Minutes , March 13 , 1969
presented serious questions of the fact . ( Councilman Koch arrived at this
time ) *
The City Attorney proceeded by summarizing the events as described in the
police reports . Mr . Davis agreed to the authenticity of the City Attorney ' s
summary . ( Councilman Heltzer arrived at this time ) .
Miss Jean Bintner was sworn in by the Deputy City Clerk for testimony .
She was questioned by the Council , City Attorney , and Mr . Davis .
Officer Merle KlumP Y ner was sworn in b the Deputy Y ut Cit Clerk for testimony .
He answered questions of the Council and City Attorney .
;f
Miss Bintner was recalled for further questioning .
At 6 : 05 p . m . the Council took a recess with the City Attorney and Mr . Davis
to discuss procedures for the remainder of the hearing . The meeting was
a
reconvened at 6 : 20 p . m .
r
s
Miss Chong Aekay was sworn in by the Deputy City Clerk for testimony. {
She was questioned by the Council , City Attorney , and Mr . Davis .
Mr . Roy Morris , manager of the Foo Chu Cafe , was sworn in by the Deputy
City Clerk for testimonys, lie was questioned by the Council , City Attorney ,
and Mr . Davis .
At this point the City Attorney concluded the City ' s case .
Mr . Davis began the presentation for the licensee by calling Mrs . Evelyn
Dufult to testify .
Mrs . Dufult was sworn in by the Deputy City Clerk for testimony . After
it was established that Mrs . Dufult may be prosecuted for this occurrence
in the future and because she did not have benefit of counsel she was excused
from testifying .
Mr . Davis then proceeded to give mitigating circumstances which the
licensee felt should be considered and concluded his presentation .
After hearing all statements and questions the Mayor declared a recess at
7 : 00 P . m . The meeting was reconvened at 7 : 10 p . m .
A motion was made by Councilman Howard , seconded by Councilman Koch ,
that the facts in the case warranted a suspension of the liquor license for
six days on March 150 16 , 22 , 23 , and 30 , 1969 and April 6 , 1969 with the
stipulation that the establishment may remain open for the service of food .
76
• c it h4,is�Q s � Maxci► 1 �. 19b'9
i
Motion passed unanimouslye
riJ4 closed at ?% 15 P . m .
vayor Thiel declared tha 41ea
i
Leonard J . Thiel , Mayor
Attest :
Jam
es A . Miceli , Acting Secretary
i
77