trial to revoke license for El Nuevo Rodeo
https://mn.gov/oah/assets/6010120557_Midwest_Latino_report_tcm19-163362.pdf
The above-entitled matter came on for hearing before Administrative Law Judge Raymond R. Krause on January 25-26, 2010, and January 28-29, 2010, at the Office of Administrative Hearings in St. Paul, Minnesota.
The issue presented in this case is whether good cause exists for the City of Minneapolis to revoke the On-Sale Class A Liquor License with Sunday Sales held by Midwest Latino Entertainment & Talent, Inc. and Maya Lopez-Santamaria for the establishment doing business as El Nuevo Rodeo located at 2709 East Lake Street in Minneapolis, Minnesota. The ALJ finds insufficient cause to revoke the license but finds sufficient cause for a lesser sanction.
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ENR is located in the Longfellow neighborhood (Longfellow) in
Minneapolis. Longfellow has a significant problem with crime in the area, including reports of “shots fired,” meaning the sound of gunfire is heard within the neighborhood. On average, gunfire is reported every week in Longfellow.
The name of the business at the time it was initially licensed by the City was El Nuevo Rodeo Nightclub and La Quebradita Restaurant.
While ENR is a for-profit business, it has engaged in extensive
community-based educational and cultural activities. Meetings, fundraisers, and educational seminars have been conducted on the premises to benefit nonprofit organizations in the community. These activities use the stage and dance areas of the main floor for functions much closer to those of a community center than a restaurant.
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Vanandy’s Nightclub, previously located at the same address as El Nuevo Rodeo and La Quebradita Restaurant, was closed in January 2003 due to code infringements and questionable business practices.
Perhaps the biggest stigma that remains regarding Vanandy’s is the lack of professionalism of the Management of the business, which the owners conducted remotely from Chicago.
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Alejandro Rojas is ENR’s Executive Chef.
ENR’s entertainment director and promoter, Antonio Gaytan, has been employed there for six years
ENR has approximately 50 employees. About one thousand musicians and performers have been employed giving performances as part of ENR’s events.
Approximately 20 suppliers of food for ENR’s restaurant operations have significant sales to ENR.
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The City License Division uses four different levels of enforcement to compel adherence to ordinances and statutes, or to sanction offending licensees.
These enforcement methods are advisory notices, violation notices, administrative citations, and settlement conferences.
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Over the 29 months between April 13, 2007, and November 26, 2009, there were 35 incidents that resulted in the generation of police reports that were linked to activity occurring on or near to ENR premises.
At least 26 of the thirty-five incidents were handled by off-duty police officers employed by ENR to improve security
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At approximately 1:44 p.m., on November 21, 2008, Director Forte provided an update by email on issues that Councilmember Schiff raised, stating in pertinent part:
El Nuevo Rodeo
At this point, Business Licensing does not see any other option than to pursue a revocation of El Nuevo Rodeo’s license. We have had the licensee in on numerous different occasions and have added numerous conditions to the license, all to no avail. We intend to pull the Licensee in as soon as possible and ask for the voluntary surrender of the license.
Alternatively, we will ask an Administrative Law Judge to revoke the license and close the business.
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ENR has one or two off-duty police officers employed on weekend nights to maintain security at ENR and to address neighborhood livability issues. On rare occasions, ENR requires more off-duty police officers in order to provide additional
security. The off-duty officers that work at ENR have effective and frequent communication with the security staff. The management of ENR communicates with the off-duty officers to maintain a high level of security