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HomeMy WebLinkAboutMinutes - 1974/04/09Present: Mayor Neisen Councilman Hodges Councilman Johnson Councilman Baumgartner Councilman Pickax Councilman Johnson arrived at 8:08 P.M. SPECIAL MEETING CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A Special Meeting of the City Council was called to order by Mayor Neisen on April 9, 1974 at 8:00 P.M. at 2401 Highway #10, Mounds View, Minnesota 55112. Also Present: Attorney Meyers Clerk- Administrator Zylla Mayor Neisen called upon Police Chief Grabowski to review the ordinance violations relative to the lingerie shows that necessitated this special hearing. Chief Grabowski said that on February 22nd, he received complaints about violations to Municipal Code, Chapter 100.08 (16) at the Launching Pad such as girls dancing on the tables, exposing their breasts, and not wearing panties. On February 25th, a copy of the City Code covering Chapter 100.08 was delivered to Al Hartinger's bookkeeper underlining the suspected violation. On February 26th, he called the Launching Pad and the bookkeeper informed the Chief that she had given a copy of the ordinance to Mr. Hartinger. On March 7th, three plain clothes officers attended the lingerie show and reported no violation. On March 18th, the police again received complaints of violations during the lingerie show. At 4:30 on March 20th, two plain clothes officers observed three girls without panties and they also observed displaying of the bare breast and dancing on the tables. Citations were given to Mr. Hartinger for violations to Municipal Code, Section 100.08 (16). On March 21st, Mr. Hartinger appeared in court pleading guilty to both charges. He was fined $300.00 on each dialo $400.00 c..... _uspendAd. Chief Grabowski added that in addition to :he problems that resulted with the lingerie shows he has had several problems with juveniles getting into the Launching Pad. He said he gets reports of this happening, then talks to the owners with the result that there is a man by the door checking, then all of a sudden there is no cooperation again. He felt that there were several kids getting in under age. Attorney Meyers read Chapter 100.08 (3) which stated the responsibility of the licensee for the conduct of his place of business. Attorney Meyers also informed the Council of the possible penalty they may impose. They may suspend any license pending a hearing for a period not exceeding 30 days or they may revoke any license after giving eight days notice. Al Hartinger, Joseph Hartinger, co- owners of the Launching Pad, and Jerry Hartke, attorney for Titan Enterprises, the producer of the lingerie show were in attendance. Joe Hartinger stated that the persons putting on the lingerie show were informed to comply with the ordinance. Relative to under age juveniles, he said that ID's were checked at the door and the police were called hundreds of times to take persons with false ID's. Mayor Neisen said that both owners were in the audience the night this ordinance was passed. He asked if the owners agreed they were responsible for the conduct on their premises. Joe Hartinger answered, "Yes Albert Hartinger added that the show was downstairs before, that the breast nipples cannot be seen except when the girls are dancing. When the competition started dropping their shows the Launching Pad started having problems. He felt most complaints were coming from them. Mayor Neisen said it is irrelevant where the complaints are coming from. Al Hartinger said that the girls are not familiar with the rules and that there is a high turnover. Since the fine was paid, there have been no problems with the show. Mr. Hartke said that lingerie shows are a difficult business to regulate. The club owners and local law enforcement officials are usually caught in the middle. He said Titan holds a training session with the girls and screens them. He apologized for the incident and said that Titan would tightsn up their policies. That spot checks showed compliance tended to mitigate that the violation was not deliberate. Mr. Hartinger plead guilty because he lived in the community and did not want to bring undo wrath on him. The law does provide the owners with vicarious responsibility but there are others involved in a large establishment. He said the Launching Pad was keeping 18 and 19 year olds localized. Attorney Meyers added Lhat if the Council finds that the owners willfully violated the ordinance they must revoke their license. Councilman Baumgartner asked why a man is not at the door checking at all times. They answered that a man is at the door at all times. Chief Grabowski said that kids are coming in the establishment. As late as last Saturday, a 17 year old walked in the door and was not checked. Joe Hartinger said that he has tried to get police officers from Mounds View. Councilman Baumgartner asked about a sign that used to be at the front door requiring picture ID's. Al Hartinger stated that the sign was taken down because of problems with enforcement since some persons that obviously were over 18 were being asked to produce a picture ID which they did not have. Councilman Johnson asked if there was any truth to a rumor that a 17 year old was serving drinks at the Launching Pad. Chief Grabowski answered, "No Councilman Johnson asked some additional questions about the sign requiring picture ID's. He asked if Mr. Hartinger could not have changed the wording on his sign to eliminate some of the objections by arbitrarily checking picture ID's. Councilman Johnson also asked about a recent incident where plain clothes police officers in the Launching Pad to see if they recognized any persons under 18. As they were in the establishment, three girls walked out of the Launching Pad with no ID's and were stopped by uniformed officers. All three were under age. Councilman Johnson asked what type of crowd is at the Launching Pad. Chief Grabowski said that the sheriff's department, the MANS squad and his officers all feel that there are several undesirables that congregate in the basement. -3- Albert Hartinger felt that this was not true because there has never been an arrest in his building and he has never had any violation of the Dram Shop Law. Mayor Neisen added that three police officers on two separate occasions have been injured and required medical treatment at the Launching Pad since the first of the year. One officer has still not come back to work since his injury at least five days ago. He wondered if this was a sign of more to come. Chief Grabowski explained the last incident adding that the parking lot was so jammed that a car called to assist the officer break up the fight could not get to him. Mayor Neisen said that ever since the back door incident which involved leaving the back door open creating noise and a neighborhood nuisance behind the premises for which the owners were warned and subsequently tagged, the management of the establish- ment has grown progressively worse. What the police tell the owners seems to float over their heads. He said the blame for actions lie with the owners and other persons actions do not make them innocent. MS (Neisen- Hodges) To suspend the intoxicating liquor license of the Launching Pad for one week from 8 A.M., April 22nd to 8 A.M., April 29th due to violations of Municipal Code Chapter 100.08. Mr. Hartke asked if the Council was suspending the license summarily or under notifi- cation served under Chapter 100. Attorney Meyers answered under Chapter 100.12. Mayor Neisen asked if Mr. Hartke was acting as counsel for the owners. A thirty second recess was requested, after which Mr. Hartke stated that he was now acting as counsel for the Hartingers. He suggested that the Council either continue the hearing to give the Hartingers time to prepare for the charges, or not impose the suspension unless an additional violation occurs, or since a large part of the problem stems from the rock band down in the basement that they suspend the operation of the downstairs for one week. Attorney Meyers added several points: First, that the ID question was not the ruling question in this matter. Second, that the owners are responsible, that it is not Titan's license or right to operate that is an issue. Third, that one reason not allowing City police officers to act as checkers, is to avoid "egg on the face" during incidents such as what is being discussed. Lastly, that increased enforcement expenses leads to increased license fees. Mayor Neisen felt that the owners were not forceful enough in enforcing rules and policies. Mr. Hartke felt that one problem was the different standards between communities, also the difference in human nature and the difficulty in legislating moral tastes. He felt that the suspension was severe and that it could be the undoing of a business because overhead and staffing expenses continue. A role call vote was then taken of the Council. MP (Pickar, Baumgartner, Johnson, Hodges, Neisen). 5 Ayes Council took up additional business at 9:12 P.M. MSP (Johnson Pickar) To approve the subdivision request of Lee Liljengren on behalf of Smith Trucking subdividing approximately eight acres from Lot 3, Block 1, Mounds View Industrial Park. 5 Ayes 4- MSP (Johnson- Hodges) To accept the cash dedication of $14,144 for 35.36 acres of subdivided property, part of Lot 3, Block 1, Mounds View Industrial Park from P.B.K. Investment Company and to refer the matter of Mr. Biem's request, to dedicate 7.5 acres to Ramsey County Open Space in lieu of payment of an additional $2,956.00, to the Mounds View Park Commission for further study. 5 Ayes: MSP (Hodges Johnson) To adjourn at 9:27 P.M. 5 Ayes' espectful Submitted, Dennis S. Zylla, Clerk- Administrator