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,M,~IL,,,.,~vn~h,CITY OF ST. JOSEPH vuvunu.cityof stjoseph.com April 8, 2008 FYI ONLY Loso's Main Street Pub ~udy Weyrens Mark Loso V{A CERTIFIED MAIL Administrator PO Box 596 St. Joseph MN 56374 Mayor RE: Alleged Bar Violation, April 6, 2008 AI .gassier Dear Mark: Councilors Steve Frank This letter is to inform you that Loso's Main Street Pub received an alleged liquorviolation on Rick Schultz April 6, 2008 for unaccompanied minors. As can be seen on the enclosed RMS Reports (St. Renee Symanietz Joseph Police Department Reports), three individuals were exiting the back door when police Dale Wick officers were completing a bar check, all of-whom were minors. The City Council has established a Liquor License Violations Matrix (see enclosed), in order to determine the fine forvarious liquor license infractions. Based on the Matrix, Loso's Main Street Pub is subject to a fine of $ 100.00. Based on the current alleged violation, the matrix considers the incident on April 6, 2008 as two violations. When multiple ICR's/Citations are issued, 3-5 ICR's/Citations are considered two violations. In the alleged violation three citations were issued, which would be interpreted as two violations. Therefore, the fine falls into the first step. The violations remain with the license for a period of 12 months from the date of the violation. Any future incidents would automatically move the violation to the starting point of step two (one aggravating factor). If you dispute the allegations you have a right to a hearing before the City Council. If you wish to contest the allegations you must notify me within 7 days of receipt of this letter and submit a $ 500.00 deposit. The deposit will be used to cover the costs of the hearing. If the allegations are determined to be unfounded, the $ 500.00 deposit will be returned. If the violation is founded the deposit will be forfeited and you are subject to a monetary fine and/or suspension of your liquor license. If you do not wish to contest the alleged violation, please remit the $ 500.00 to the City zs .College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 Phone 3zo.363.7zo~ Fax 3zo.363.o34z Loso's Main Street Pub April 8, 2008 Page - 2 - Offices no later than April 14, 2008. If you have any questions or need additional information, please feel free to contact meat 320-363-7201. Sincerely, CITY OF ST. JOS Judy We ens ~nistrator cc: Mayor AI Rassier and Members of the Council Tom Jovanovich, City Attorney Peter Jansky, Police Chief Flle (LiquorUcenseViolations-W Playette) Officer Assigned: Badge Number: How Recd: Pfannenstein 7702 Visual * 0 8 8 P1 0 5 1 6 * Reported By: See Complainant Supervisor Approval: SJ PD m.~ , ~. ~:' ~ ~ s. z. i. Bar Violation ' Level of Offense: Level of Offense: Level of Offense: ^ P. Mild. ^ Misd. ^ G. Misd. ^ Felony ^ P: Misd: ^ Misd. ^ G. Misd: ^ Felony ^ P. Misd. ^ Misd. ^ G. Mild, ^ Felony Lncation of Incident:. Date Incident Occun'ed: Day of Week Incident Occurred: Loso's Mainstreet Pub. -- 21 W MN St 04-Ob-2008 Sunday Date Reported: Time Reportedi Time Assigned: Time Arrived: Time Cleared: 04-06-2b08: 0020 0020 0020 0045 - ASSISTING OF~TC~R S ~ ~~~ ~ ~~. ~t s ~ ~~ Assisting Offcer(s): 7704, 7709 .~. -F , PARTICI~A T .~~CJ;G~ ' • ~ i v~.:Y~ fi~ . ~ ~ ~~ ~~~ .. D/L #: Name (Last, First, Middle) ~ Date of-Birth; Race: ~ State: Doering, Kathryn Irene 02-08-88 white V-742-231-3.52-813 MN Street Address: City, State, ZIP: Phone: 2743 Emerson Ave. S MpIS, N1N 5540$ To Jafi: (Station Issued.: Citation #: Eyes: Hgt: Wgt: Yes ~ tVo ^ Yes ~ No Bro 502 1:12 1?ARTICIP,.ANT~~~D~Ni .D~/I ~ - ~ ' "~ yK~ ~7 : - L~E ~~ Name (Last, First, Middle] Date of Birth: Race: D/L #: State: Lyons, Jessarny .Elizabeth 05-19-89 . white X-224-299-870-508 MN Street Address: City, State, ZIP: Phone: 33778 Shadywood Rd Grand Rapids, MN 55744 To Jail: Citation Issued: Citation#.: Eyes: HgE: Wgt: Yes ~ No ^ Yes ~ No B]U 507 150 ~ _ r t r b4 tr'r. ~ 4 a tc~ a,{;~ ' VEHICLE ~1~~ z ~ , a ~~~ ~~ t .~, ,~, . ~~ ~r: r r a, ,~ ~ - ~; ~.~~> ~ ~, ~ ,~, ~~ + - F ~ ~.. _~; _ ~ ~~ti_•. ., .., ~~~ r ~ _. ~ License Plate Number: State of License Plates Year: Make: ModeL• Color of Vehide: ;_ Towed By: Ytn #: f [ ~ ~ ~ - ~ ~ fly: -~ =~ ~ ;~ ~ .~~- ' h VEHICLE'#2`=` ~ ~ - .~ y 'k 'I , ry`'L i?'' ~ ~, e ~. a ` w f , ~3~ q ..~ 'n lei v - X ~ v ~ *3ti. t r.. ~ i'.~-_' ~f Y-ir... ~ N . ~n--.4 .kw.x~~ ,~ ~ r~2+ c tf~ ~_ License Plate Number: State of License Plate: Year: Make: Model: Color ofiVehicle: Towed By: ~n #: ,. ~,rt . ~; i a ~ ,W ~ ~; _. Bar violation at the above location. See Case file. .._ ..,_ v - - "~, ~. t - - x- - - Signature (when required): Related Case Number: Word Document: (Comp, Parent, Guardian} ^ Yes CQ No ~~~ ~~~ Officer Assigned: Badge Number: How Recd: ' Pfannenstein 7702 Visual * 0 8 8 0 fd 5 1 6 * Reported By: ~ See Complainant Supervisor Approval: SJPD , ., .: w ,. F ~~? 1. .. Z, ~. Bar Violation Level of tDffense: Level of Offense: Level of Offense: ^ P. Misd. ^Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd, ^ G. Mild. ^ Felony Location of Incident: - Date Incident Occwrred: Day of Week Incident Occureed: Loso's Mainstreet Pub -- 2i 1N MN St 04-06-2008 Sunday Date Reported: Time Reported: Time Assigned: Time Arrived; Time Cleared; 04-06-20Q8 0020 002Q 0020 0045 «- ~ ~ ~~' ,4SSISTING OFFIEER S . _ .. ~ _ . Assisting ~fficer(5); 7704, 7709 .~ C Name (Last, First, Middle) Date of Birth:.. Raee. ~ DJL #: State: Steinfeldt, Andrew Lee 02-18-87 white W-553-239-718-413 MN Street Address: City, State, ZIP: Phone: 16581 Imperial Cir Lakeville,. MN 55044 To Jail; Gtation Issued: Citation #: Eyes Hgt: Wgt: Yes ~ No ^ Yes ~ No Blu 510. 170 ~1~1 NE~~¢MENTIQIVEQ ~~N~I r~ ~P ~ _ n'm P-E :~ „ , ,. Name (Last, First, Middle) Date of Birth: Race: DJL #: State: Gresback, Alison Mae 03-24-89 white G621-0.138-9604-D0 WI Street Address: Gty, State, ZIP: ~ phone:. 1698 Sunwood Ct River Falls, WI 54022 To Jail: Citation Issued: Citation #: Eyes.° Hgt:, Wgtt ^ Yes ®No ^ Yes ®No BIu ~ 507 140 lA N>: '~f'. ~:iF'.S J.6 fYK/. J '+G,' ~z 1s ~Y ~['1'[~~y'~) tF F'~ N~ J jyc ~.t 41 T +~e~,~L AI } SU E Yr A 'NRTF. Y~ Y Y~ ""7 :i; ~~~-L ~F a~1 h/" fw `l~ 1/Ei~ICLE ~"• $`F1 i ~ ~s~ T ~ ~ ! K , ;Y ., . -,,Y c <~ ~ i ~a~[ X11 ( • i .Y _ =~14,y' - n License Plate Numt~er: State of License Plate: Year: Makes Model: , Color of Vehide: Towed By: Vin #: ~_ ,~~.; `~.-~`~~.~~ ~~._ ~'~~ F~"; ~=~; #2.~f=~~;rr~ ~~~s' ~~~r;~ ~ ~~~ ~ ~ r=N~~`~ 111=~i~CLE ~ , , , , . _~.~~ License Plate Number.. State of Ucense Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: ~~ ..~i..k;:f ~ ~ '~ e .M .g._ .. t,. ~ .l ... .~'. ..,•a4~;1a6~ b.: -~. _.~~...~.:. tv~.. ..~ ,'rah Bar violation at the above location. See Case file. k.s:~ r: ~ ~" 'L aft +'- ,*~. 'm y - ,~ 7 5 ~ r ~ ~ ~ n~ ~"~' fr, ~1u. Signature (when required); . Related Case Number: Word Document: (Comp, Parent, Guardian) [,] Yes; ^ Nq ,;~SoS itl~lS R~e~ Officer Assigned: Badge Number: How Recd: Janssen 7704 Visual. 0 8 8 P~ 0 5 1 7 * :; Reported By: See Complainant Supervisor Approval: , SJP~ ., ~„ ..~: n •~~ q , x.~. .~ . , -- - w ~< ~<:. SEAS .., _. ... ,. ~....~ s ~ . 1• 2 3, Underage Consumption Level of Offense; Level of Offense: Level of Offense: Misd ^ Mistl, ^ G. Misd. ^ Felony ^ P. Misd, ^ Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^ Misd. ^ G. Misd. ^ Felony P . Location of Inadent: Date InGdent Occurred: Day of Week Inddent Occurred: 21 West Minnesota Street April 6, 2008 Sunday Date Reported: Time Reported: Time Assigned:' Time Arrived: Time Cleared' Q4-06-08 0020. 0020. 0020. 0040 `ASSISTING' • FEICER S L - Y~ ~,~u~ Assisting Officer(s): y ,- ~ .. l=~ ~KPAR~CIf~AN~" ~#1 ~!°C°4P~©xUI ::<: .. • • -, • ~ ~~ ~ 5tate D/L #: ce. dame (Last, First, Middle) ~ Date of Birth; MN Doering, Kathryn Irene 02-08-1988. White V-742-231-3.52-8.13 Street Address: City, State,. ZIP; Phone: 2743 Emerson Avenue South MPLS, MN 55408 To Jail; Citation Issued: Gtation #: Eyes:. Hgt: Wgt: fl Yes ~ No ®Yes ^ No ST428328 Brown 5'02 112 ~~PARTI~CIPAIVT #2 ~p~O~`'1P ^.1~ICTI+N1~*~~ PE ~,~~U~/ITNE~ ~ ~,~~ ~ ~s~~~ • ~~6 ~ "0"' w..~. Name (Last, First, Middle] Date of Birth: Race: D/L #: State; Street Address: City, State, ZIP: - ~ Phone: To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt: ^ Yes ^ No ^Yes ^ No _ ~_s K w - .~ a " ~'~-~) ; V`.- %~ fb*+lj y ,~ ..r s ` t ~ ~'~ .~`- t ~ t ~1~ 1 _ f r,~ _ ~ ~ ,~x;~ ,-~ ~ , , VEHICLE ~ ' . _,. ._ Model: Year: Make: License Plate Number: State of License Plate: Color of Vehicle: Towed By: Vin #: d ~,,~ .., ~- _ ~. Ucense Plate Number. State of Ucense Plate: Year: Make: ~ Model: Color of Vehide: Towed By: Vin #: ~y c:;,,.,,f r v ~ ~r~~ ~ • ~ ~ ;,, Whsle ]conducting bar checks at the above location, Sgt. Pfannenstein outside the back door when he observed Kathryn Irene Doering, DOB:02-08-1988 walk out the back door to Loso's Bar. Within a couple minutes Officer Tiffany and I walked out the .back. door and observed Sgt. Pfannenstein; speaking with three females by his. squad car. Sgt. Pfannenstein handed me Ms. Doerings Student ID. I verified her identity via DVS. Website. Detected an odor.of an alcoholic beverage emitting from -her breath. Ms. Doering admitted to consuming some alcohol this evening. PBT results indicated a reading of 058 Citation issued for Underage Consumption Officer Assigned: Badge Number: How Recd: Janssen 7704 Visual 0 8 B 0 0 5 1 B~ Reported By: See Complainant Supervisor Approval: . S3PD .. ~a p L~ n.~ ~ as ~ ~~If~.~~;DFNT~C SIF~.I ~A~i;Ifl ~ , _ ,~~~~ ;~ - ~ _ ~ ~r ._~ . ~..t. _ . _ . , 2. 3, 1. Underage Consumption Level of Offense: Level of Offense: Level. of Offense: ^Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd. ^ G. Misd. ^ Felony ^ R Misd. ^Misd. ^ G. Misd. ^ Felony P. Misd . Location. of Incident: Date Incident Occurreds Day of Week Incident Accurred; 2i West Minnesota Street April. 6, 2008 Sunday Reported: Time Reported: Time Assigned: Tme Arrived: Time Cleared: Date . 04-06-08 0020. 0020- 0020 000 - ° . _ '- .~~~~' ~' -ASSISTING OFFICER(S). . . ,. Assisting, Officer(s):. A ,~' ~~j~C- `z ~~_`,~ r~NITNESSI]~ME~1;170NE® ~ '1T,~E ^., ~.a State.: Marne (Last, First, Middle) Date of Birth: _. ~ -_. pace; ~ D/L #: MN Lyons, Jessarny Elizabeth OS-i9-19'89 White. X 224 299-870-508 Street Address: City, State, ZIP: Phone: 33778 Shady Wood Road Grand Rapids, MN 55744; To Jail: Gtation Issued: Citation #: Eyes: Hgt: Wgt; Yes ~ No ®1'es ^ No ST428329 Blue 5-07 150 'PA'RT.~IP~#~~~~t~~C~Ni 131~~~I~~~1~P,ECT .CIr~I.ITNES~~~~ q MENTIflNEDX4~ J1J~EN Name (Last, Frst, Middle) Date of Birth: Race: D/L #: Stater Street Address: - City, State, ZIP; Phone: To Jaiic Gtation Issued: Citation #: Eyes: H9t: Wgt; ^ Yes ^ No ^ Yes ^ No ' ~a~w s ~5' ~_y ., ~ ~,~~ < gyp :~ ~ . ~r~< VEi~{ICLE #1~ ~` F '.~~ ;- " ,_ .~.~ license Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: - ^ ~ u - ... .... 1/FI~iCL~ ~~y~~~~ L - ~ - - ...~ a-v .. ,... ., ... . . License Plate Number State of License Plate: Year: Make: Model: Color of Vehicle: Towed 8y: Vin #: akesureto°lncludearay rope w^~~4,~~ .~, p -~Y`~r -:-~ ~ -~ ~ ~'~~~a~~._~~~ "~RRA . y;~ While conducting bar checks at the- above location, Sgt. Pfannenstein outside the back door when he observed 7essamy Elizabeth Lyons, D~B:05-19-1989 walk out the back door to Loso's Bar. Within a le minutes Officer Tiffany and l walked out the back door and observed Sgt.-pfannenstein _ cou p speaking with three females by his-squad car. Sgt. Pfannenstein handed me Ms. Lyons Student ID. I verified her identity via DVS Webste. Detected an odor of an alcoholic beverage emitting from her breath. Ms. Lyons admitted to consuming some alcaho! this evening. PBT results indicated a reading sum tion , n 070 Citation issued for Undera a Co of . ` ' . r.~ lu t ,~ n .. ,!S. ~vH .. ~:fa.n.k)' ''~'. ?vni '?'~3i -i ti -~/ .., ~_~( ..~. ~.. .. ,.w ; ..... .. .~Y ~~r^sse~.~ ~a^-,.c~~~E. ST. J+C)SEPH POLICE DEP~IRTMENT 1 Invesfiigation Report ICR NUMBER: 08800516 OFFENSE/INCIDENT: Bar Violation LOCATION OF OCCURRENCE: Loso's Mainstreei Pub 21 W MN St SUSPECT: Loso's Mainstreet'Pub ADDRESS': 21 W MN St PHONE NUMBER: 320-3fi3-4505 DATE REPORTED: 04-06-2008 TIME REPORTED: 0020 DATE: OCCURRED:. 04-06-2008. TIME OCCURRED: 0020 REPORTING OFFICER:.: Sgt Pfannenstein #7702 ASSISTING OFFICER(S): Officer Janssen #7704, Officer Tiffany #7709 On 04-06-2008, Officers Janssen and Tiffany of the St. Joseph Police Department conducted routine bar checks. While the officers were walking through Loso's Mainstreet Pub, I sat in my patrol car in the parking lot behind the bar... I observed three females. walk out the back door.. The three females hestated_for a brief moment when they saw my patrol car, and then they started walking west, away from ,me. I exited my car and told the three to come over to me in which they did. I asked the three females for .identification..and they all. stated that they did not have any on them. At this time Officers Janssen and Tiffany came out the back of the Pub and assisted me. At this time, two of the three finally produced student id's. I asked the third for hers and she still stated that she did. not have any. After about five minutes, the third one produced a student identfication,card. The three were identified as: Alison Mae Gresback 03/24/$9, Kathryn Irene Doering 02!08/88, Jessamy Elizabeth Lyons. 05/19/89. While Officer Janssen was issuing citations for. underage consumptions, I asked the three how they got in-the bar. All three, stated t11at they just- walked in. I asked if they showed a fake LD, of some sort. They stated that there was no one carding anybody. Officer Janssen stated that he actually carded the bouncer because he looked. really young, was looking a little guilty, and was sitting near the bathrooms and not near the back door. - I then walked into the rear door of Loso's Pub. I looked around and .observed numerous people in the bar. As a matter ~of fact, I could not see the front door, just people standing throughout the place. Just inside the door, I looked around for a bouncer or a chair where the person would be sitting. I stood in the back for approximately 30 seconds. No one attempted to come over to me or ask me if there was anything wrong. I noticed a group of males standing along the bathroom wall watching a game of pool. I asked the first male. if he knew if there was a bouncer on. A male sitting on a barstool farther in the bar stated, "I am the bouncer". I observed the male to look very young and in street clothes that did not distinguish him from anyone else in the bar. I asked the male to come with me. The male walked with me outside. I walked over td my squad. ear and asked if he recognized the three girls standing outside.. He stated that he did not. I asked if he attempted to card any of the three or if they showed him any identification: Again the bouncer stated that he had not seen the three girls before. I informed the bouncer that I observed the three walk in the back door and they stated that they never saw a bouncer. I then told the bouncer that he should let his bar manager or owner know that they would be receiving a bar violation. I identified him byname DVS website as Andrew Lee Steinfeldt 02-18-87. ~ v ~ OFFICER SIGNATURE: ~ DATE: d ~ - i71-aCXs$ LIQUOR LICENSE VIOLATIONS MATRIX Adopted September 4, 20Q3 violation No aggravating One aggravating Two aggravating Three facfars factor factors aggravating , : - ,, factors Refusal to allow 2 day suspension 4 day suspension $1,000.00 fine and Revocation inspection and $500 fine and $750 fine 7 day suspension Section 71.8.3 - - ---- Nudity~Lewd acts $250 fine 2 day suspension.:. 4'day suspension Reyogati'on Seatioil~ 7118.4 and' $SOOfine and $750 fine' ` ~ ` ~ ~~ After hours sale 2 day suspension 4 day suspension 12 day suspension Revocation Section 71.9.1 and $250 fine and $500 fine and $750 fine Sunday sale' 2 day suspension - 4'day suspension 12 day suspension Revocation withiadt~lieense and`~$250:fne and~$500fine and $750`~ne . Section 71.9,:2 After hours display $250 one 2 day suspension 4 day suspension Revocation Section 71.9.3 and $500 fine and $750 fine Saleto Minol'. $150 Fne * $400 fine $700 fine: $1,000~~ne anal S e_ section 71.1 ~1. l .A ~ Say suspeuszor Unaccompanied ~ Minor $100 .$300 fine $500 fine $1,000 fine and 5 Section 71.11.1.C day suspension Failure to prevent on-sale.liquorfrom $50 fine $100 fine $150 fine $150 fine .,, leaving premises S'ectoii 71`.`11.4 - Violation of Outdoor liquor ~ 2 day suspension 4 day suspension Revocation permit $2.50 fine and $500 fine and $750 fine' Sections 71.11.5 and 71.11.6. Sale~o intoxicated person $300 fine _ .$600 fine $1,000 fine and 5 Nlinn,$tat. $150 fine day suspension 340A.502 Commission of a felony related to a liquor license, or the sale of liquor while the license is suspended shall result in revocation. Suspensions: Suspensions shall automatically take effect the first consecutive regular business days following the appeal. period or following the appeal to the City Council in which no catered events have been scheduled. Days in which the licensed premises are not open for business shall not be credited toward the suspension period. The licensed premises shall be required to provide proof of the scheduled catered events to the City Administrator/Clerk in order to exempt a specific date from the automatic suspension. Aggravating factors: The following shall each constitute one aggravating factor for the purpose of the liquor license violations matrix: One of the following violations concurrent with the present violation, or within the. 12 months preceding the present violation: - A refusal to allow inspection - A violation for nudity/lewd acts - After hours sale - Sunday sale without license - After hours display - Violation of club license . - Violation of Outdoor liquor permit Two of the following violations, in any combination, concurrent with the present violation or within the 12 months preceding the present violation: - Sale to Minor* - Unaccompanied Minor - Failure to prevent on-sale liquor from leaving premises - Sale to intoxicated person *If multiple citations/ICRs result from a single bar check, this matter shall be treated as a single violation if there are two or less citations/1CRs issued, two violations if 3 to 5 citations/ICRs are issued, or three violations if 6 to 10 citations/LCRs are issued. If more than 10 citations/ICRs result from a single bar check, the matter shall be brought before the City Council for consideration of a penalty. Evidentiary Hearing: The liquor license holder shall have the right to request an evidentiary hearing to contest an alleged violation. The request for hearing must be received by the City Administrator within 7 days of the alleged violation and the request must include a $ 500.00 deposit. In the event the evidentiary hearing finds in favor of the liquor license holder, the $ SOO.OO deposit will be returned. CITY OF ST. ]OS~PH WWW:CItyOfStJOSeph.COm April 8, 2008 - . La Playette FY~ :~~ ~Y 'Mark Zimmer. VIA CERTIFIED. MAIL PO-Box 337 ~uc}y Weyrens St. Joseph MN 5637-4 Administrator RE: Alleged Bar Violation, March 28, 2008 Dear Mark: Mayor AI I~assier This letter is to inform you that the La Playette received an alleged liquor violation on March 28, 2008 for.unaccompanied minors. As can be seen on the enclosed RMS Reports (St. Joseph Councilors police Department Reports), four individuals were exiting the back door when police ofFicers Steve Frank were completing a bar check, all of whom were minors.. This is your second violation within a Rick Schultz 90day period. The Cityof St. Joseph is concerned with the multiple violations and wants to be Renee Symanietz assured that measures have been taken to correct the serving of minors. Dale Wick The City Council has established a Liquor License Violations Matrix (see enclosed), in order to determine the fine for various liquor license infractions. Based on the Matrix, the La Playette is subject to a fine of $ 500.00. Based on the past and current alleged violation, the La Playette has one violation left before automatic license suspension. The violations remain with the - license for a period of 12 months from the date of the violation. If you dispute the allegations you have a right to a hearing before the City Council Ifyou wish to contest the allegations you must notify me within 7 days of receipt of this letter and submit a $ 500.00 deposit. The deposit will be used to cover the costs of the hearing. If the allegations are determined to be unfounded, the $ 500.00 deposit will be returned. If the violation is founded the deposit will be forfeited and you are subject to a monetary fine and/or. suspension of your liquor license. If you do not wish to contest the alleged violation, please remit the $ 500.00 to the City Offices. no later than April 14, 2008. If you Ftave any questions or need additional information, .please feel free to contact me at 320-363-7201. Sincerely, CITY OF'ST. JOS ~ ~2:~~i1/G~' y Judy Weyrens Ad nistrator cc: Mayor AI Rassier and Members of the Council Tom Jovanovich, City Attorney Peter Jansky, Police Chief (Liquor Licen a Violati ns- La a e) zs .College venue ~1ort~ ~~ Box 668 Saint ~oseph, Minnesota 56374 Phone 3ao.363.7zo1 Fax 3z.o.363.o34z RI'la7 ~~ Officer Assigned: Badge Number: How Recd: Janssen 7706 Visual ~k ~J B 8 0 ~ 4 4 8 * Reported By See Complainant Supervisor Approval: SJPD. 1. 2. 3. Bar Violation Level of Offense: Level of Offense: Level of Offense» ^ P, Mlsd. ^ Misd. ^ G. Misd. ^ Felony ^ P, Misd. ^ Misd. ^ G. Mcsd. ^ Felony ^ P. Misd. ^ Misd, ^ G. Misd. [] Felony Location of Inatient» Date Inddent Occurred: Day of Week Incident Occurred: 16 North College Avenue„ March 28, 2008Friday Date Reported: Time Reported: Time Assigned; Time Arrived: Time Cleared: 03-28-08 - 401.5 0015.,.. - 00].5 0040 ' 3 t ~ Ft h I. k BH t ~f i i= .. 3 (ed ~ ~ ' i ~ ~s iii 'ski. .~ T~ ~~'i'..i ~ ~ ' ;RkA. i ~ ~ ' Asslstir~g Officer(s): ,~ , Officer .~, TI any 7709, Deput y B. Theisen 25.63 • Name (Last,. First, Middle) t Date of Birth: Race: . D/L #: Stater Gurbada, Andrew David ~ 04-11-1987 White S-109-171-539-1.10 MN Street Address: Gty, State, 2IP: Phone: 700 !~. Evergreen St., P.O. Box 291 Royalton, MN 56373 To Jailr Citation Issued: Citation #: Eyes: Hgtt Wgt: ^ Yes ~ No ~ Yes. ^ Na ST447006 Green fi-02 190 ~~ ~ ~ t ` ,• '~ ~ f ; ~ • ~ ~ ~ r Name (Last, First, Mlddie) Date of Birth: Race: D/L #: State: Theisen, Mo11y Elizabeth 11-Q3-1987 White A-$11-045-931-910 MPJ Street Address:. City, State, ZIP: Phone:. 85~. 20th Avenue North. St.. Cloud, MN 56303 To Sail: Citation Issued: Citation #: Eyes» Hgt» 1Ngt» ^ Yes ®No ®Yes ^ .No i ST447007 Brown 5-0$ 150 ' F { ~ 1 _., s~ 4 d ~i.. i ~ ~. License Plate Number: ~ State of License Plate: Year:- ~ i Make: { I Modal: Color of Vehice: Towed By: Vin #: ~~~~~ ~ ~„ °k~~=l~~ ,I i ~ E ~ ~i~ll~{~ ~ ~-iiai iiii ~~~ .~~;,~ a 4;'til ~~~, License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: lowed By: Vin #; ---- Conducted abar check at the LaPlayette Bar. Officer Tiffany went in the-front door and Deputy Theisen and. I stood at the back door. Four people exited out the back door that were under the age ofi 21_. _AlI were found,to have been consuming alcohol this evening: SEE REPORT, Signature (when required)i Related Case Number: Word Document: (Comp, Parent, GuaMian} ^ Yes ^ No ST. JOSEPH Pt)LICE DEPARTMENT ` Follow-Up .Report ICR NUMBER: 08800448. OFFENSEJINGiDENT: BAR VIOLATION: LOCATION OF OCCURRENCE: 16 COLLEGE AVE N, ST. JOSEPH, MN 56374 REPORTING OFFICERS TIfFANY 7709 On 03/2812008, of 0015 hrs, we responded to the above location for a report of possibae underage individuals drinfcng at the bar. Upon arrival !entered through the main entrance while OfNcer Janssen and. Deputy Theisen vvaited at the back of the bar. As I entered the bar I was. rnet by an employee and I advised him that was going to checking ID's. I began checking individuals ID's, a male who f identified as RUSSELL GRANT GLIADON DOB (04-16-1987) from his MN DL, stated he had been drinking in the_bar. I escorted him to the back -~.'~ ' vvh~ere 1)elsafiy-~;hiesien~vaw~iaifing in his~squad car writing out anr~ther underage consumption that had attempted to leave out the backdoor of the bar..After releasing the individual into Deputy Theisen custody, I returned to the bar to continue checking ID's. I did not locate any other individuals under the age of 21 in the bar. After I finished checking IA's in the bar, l cleared. OFFICER SIGNATU DATE: ~ ~ ~ 1 v ST. JOSEPH POLICE DEPARTMENT ' Investigation Report ICR NUMBER: 08800448 OFFEI~ISE/INCIDENT: Bar Violation LOCATION OF OCCURRENCE: 16 North College Avenue, St. Joseph, MN 56374 SUSPECT: LaPlayette Bar , ADDRESS: 16 North College Avenue, St. Joseph, MN 56374 PHONE NUMBER:. 3.20-363-7747 DATE REPORTED: March 28, 2008 TIME REPORTED: 0015 Hours DATE OCCURRED: March 28, 2008 TIME OCCURRED::... 0015 Hours REPORTING OFFICER: Peter Janssen 7704 ASSISTING OFFICER(S): Just` Tiffany 7709, Deputy Brain Theisen 2563 • On March 28, 2008, at approximately 001 S Hours, I, Off cer Peter Janssen, along with Officer Tiffany and Deputy Theisen conducted a bar check at the LaPlayette Bar, lb North College Avenue, St. Joseph, MN 56374. Officer Tiffany went in the front door and Deputy Theisen and I stood by the back door: As Officer Tiffany went in the front door, four individuals exited the back door that were not 21 years of age. The four were. identified as: ANDREW DAVID GURBADA, DOB:04-11-1987, MOLLY ELIZABETH THEISEN, 'DOB:11-03-1987, RUSSELL GRANT GLIADON, DOB:04-16-19$7, and JOHN J{?SEPFi WERTISH, DOB:OS-24-187. Gurbada anti Theisen stated they had no identification. on them and were identified by DVS Website.. Gliadon and Wettish were identified by Deputy T1leisen by their MN Drivers License. Gurbada and Theisen both admitted to consuming alcohol, Gurbada PBT'd a .IOO and Theisen PBT'd a ..065. See Deputy Theisen's report for Gliadon's and Wertish's PBT results. . Gurbada `and Theisen stated they did not have any ID's. on them and said they were able to just walk right in. See Officer Tiffany's and Deputy Theisen's report for further details. OFFICER SIGNATURE: ~~^%~' 7~~ DATE: ~ Z4 -O~ ST. JOSEPH POLICE DEPARTMENT 1 Supplemental Report SJP:D ICR NUMBER: 08800448 OFFENSE/INCIDENT: Bar Viola#ion LOCATION OF OCCURRENCE= 16 North College Avenue REPORTING OFFICER: Johnson, Ma## 7707 On March 28th 2008, at approximately OOOOhrs, I was off-duty at the. La Playette Bar, when I noticed several people entering the bar that. looked to be under the age of 21: I did notice that some of the people walking in were being identified by Jason Primus, a La Playette employee,. from behind the.'`horseshoe" portion of the bar. I did see a few others walk in without being identified and did not see any employees at the front door. I made a call to. Officer Tiffany, Of the St Joseph Police Department, via cell phone. I advised Tiffany there appeared. to be people under the age of 21 in the bar and f did not see a bouncer door on occasion. ' When Officer Tiffany walked in the. front door, I observed him start checking ID's. I was standing with off-duty Stearns County Deputy Jason Okerstrom and off-duty Waite Park Police Officer Brent Nyhammer. Okerstrom and Nyhammer pointed owt to me a male in a red shirt sitting at a table next to us and stated when Officer Tiffany entered the bar, the male stood up. Okerstrom and Nyhammer then told me that. another male at the same table grabbed the male in the. red and sat him back down in his chair and told him that if he sat down, he wouldn't get carded. I then observed the male get up and walk over towards the bar, away from Officer Tiffany. I told Okerstrom that L would go stand by the front door in the event that this male attempted to leave behind Officer Tiffany.. At that time, the male in the .red was confronted by Officer Tiffany and escorted -out back:. I then went back to the table that we were at and again spoke with Okerstrom and Nyhammer: Okerstrom told me that when-the male in the red went to the bar, he slid his wallet to another male of the bar. Okerstrom told me thaf he observed this and advised the other male to give the wallet back to the male in the red. A short time later, J went to use the restroom and I was confronted by two males calling me "The. PO"', meaning police. They told. me that. l was hanging_around the other "PO" and'got his buddy .busted.. I denied .the fact that I was a police officer due, to a safety factor, convincing them that I was a firefighter. I returned to the table that we were at and noticed that a former employee of the La Playette was at our table. I again continued talking with Okerstrom and - Nyhammer and noticed that the male that confronted me in the bathroom was. at the front door. It appeared .that he was arguing with the bouncer.. The former La Playette .employee went to the front door and started speaking, to the agitated male. I noticed that he was making a scene. I went to the front door, and asked the agitated male to accompany me to the back area of the bar so that we could talk. Along with Nyhammer, I did tell the male-that we were police officers and what he did tonight was against the law. We talked for a short time and then bar manager Mike Polt came up to me. Poit and I talked as Polt asked me to explain to him what had happened this evening. It was explained to Polt of the observations and occurrences this evening that are explained above. OFFICER SIGNATURE: DATE: GZJ3~ ST. JOSEPH POLICE DEPARTMENT Follow-Up RepQ~t ICR NUMBER: 08800448. OFFENSEhNCIDENT: Bar Violation LOCATION OF OCCUR{7EAICE: LaPlayette Bar, 16 College Avenue North REPORTING OFFICER: Joel Klein, 7706 On 04/01/2008, I was requested by Chief Jansky to make contact with the four parties. identifieii under 21 years of age that were involved in this incident, I made phone contact with Russell Grant Gliadon 04/16/1987 at 763.360.153.1. Y asked Gliadon if he would be willing to come to my office so I could ask him soiree questions about March 28, 2008 and he refused to answer ay questions- or come in. I did ask him if he knew any of the othear three people involved and he said he knew Andrew David Gurbada 04/11:/1987 because that was a roommate of his. He gave me Gurbada's cell phone number which was 3.20.492.4834. I attempted to call Gurbada and I did leave a message. He had not returned my phone. call. I was able to make contact with John Joseph Wertish 05/24/1987 at 952.217.0698. I asked him if he would talk to me and he told me he would. I asked him how he was able td get into -the bar. He told me that he went in the front door behind a friend of his that was .over 21 years of age.. He said that his friend distracted the bouncer and he snuck in behind his friend while he was doing that. He told me he -had consumed alcohol prior to going in the bar-and did not consume anything while in the bar. I attempted to make contact with Molly Elizabeth Theisen 11/03/1987 by phone contact through herparents home phone number at 3.20.253.8973.Ileft amessage for her to call me. Later in the day there was a message from dispatch for me to call Theisen at 309.5014. I did so and she did not answer so I left a message. As of 04/03/2008 at 0945 hours, I have still not received a phone call from Gurbada or Theisen. Through this investigation I Teamed that Gurbada and Gliadon are students at St. John's University and Wertsh and Theisen are not. " OFFICER SIGNATURE: s / ~~ ~ DATE: ~ 3 a ST. JOSEPH POLICE DEPAF~TMENT Folfow-Up Report ICR NUMBER: 08800448 OFFENSFJINCIDENT: Bar Violation LOCATION OF OCCURRENCE: LaPlayette-Bar, '16 College Avenue North REPORTING OFFICER: ,Joel Klein, 7706 On 04/03/2008- at 1235 hours, I was able to make contact with 1Vlolly Theisen whom agreed to speak with me. I asked her about how she gained access to the LaPlayette. She told me that she and a gxoup of people walked in around 2100 hours and there was no bouncer at the door.. She told me that at no tune did she get carded. She also told Ile that she did not consume alcohol while in-the bar. End of report, s OFFICER SIGNATURE: 7C~ DATE: ~ c-.~ ST. JOSEPH POLICE DEPARTMENT Follow-Up Report ICR NUMBER: 08800448 .. - OFFENSE/INC113-ENT: Bar Violation LOCAl"ION OF OCCURRENCE: 16 College Ave N REPORTING OFFICER: Nyhammer, Brent 2310 On March 27, 2008, I, (an Officer with the Waite Park Police Department), was off-duty at the La Playette with off-duty Officer Matt Johnson, (St. Joseph Police Departrnentj, and off-duty Deputy Okerstrom (Stearns County Sheriff's Department).. At approximately midnight, as I was exiting the bathroom, I observed the backdoor to be open aiid there were several people walking in. There was no bouncer at the' backdoor. performing ID checks. I weizt back acid spoke with Officer Johnson and Deputy Okerstrom who were by the front bar.. Officer Johnson indicated h~ would advise Officer Tiffany to see if they would do a walk through. It should be noted, earlier in the evening we had- observed people coming in the front door when the bouncer was not there. At one point, a bouncer did check a few ID's near the horseshoe at the bar, however, did not identify people walking in prior to that. At approximately 0015 hours, Officer Tiffany entered the La Playette through the front door to perform ID checks. When Officer Tiffany came toward the front door, several people did. get up and walked towards the back door to leave. During this time, a male wearing a red shirt, blue jeans, and a dark baseball cap, with black hair, stood up and started walking towards the back door. His friends grabbed hire by the shoulder and told him to sit down .otherwise he would be carded for sure. The individuals were approximately five to ten feet away from me and I could hear what they were saying. At this time, I informed Officer Johnson and Deputy Okerstrom of what I had observed and they began watching the individual as well. When Officer Tiffany was walking around the room, the individual in the red shirt. attempted. to avoid hirn. When Officer Tiffany would approach a table, the individual would go to the bar and when Officer Tiffany went towards the bar, the. individual then came- back to the tables. Officer Johnsen indicated he was going to go stand by the front door in case the individual attempted to leave. I stayed by the entrance to the backroom in case the individual attempted to leave via the backdoor: 'At this tithe, Deputy Okerstrom went to the bar to keep an eye on the individual. Shortly after, Deputy Okerstrom advised the individual we were watching in the red shirt attempted. to hand his wallet to an individual wearing a light blue shirt with blonde hair. Deputy Okerstrom did point out the individual to myself and Officer Johnson.. Shortly after this conversation, Officer Tiffany did make contact with the individual in the red shirt and did escort him outside to properly identify him. Deputy Okerstrom, Officer Johnson, and myself then. sat back down at our table and began having a conversation. Shortly after this, Officer Johnson went to the bathroom and when he returned, he informed me he had been cornered by the individual in the light blue shirt who stated he was going to call the Police and get him in trouble. Officer Johnson indicated he informed the individual he was not a police officer and the individual quit talking to him. We did observe the individual in the light blue shirt talking, to the bouncer ,about us, as he was pointing to us and becoming more agitated.. At this time, another individual who used to work at the La Playette approached the individual in an attempt to calm him down. The individual continued to become more agitated. The former worker then approached us and stated he thought the individual in the light blue shirt was getting out of hand. At this time, myself and Officer Johnson approached the individual in the light blue shirt and requested he come to the back room to speak with us. In the back room, we both identified ourselves as police officers: and advised tl~e individual he needed to calm down. Once he calmed down, he indicated he was upset because a Deputy OFFICER SIGNATURE: _ DATE: ST. JOSEPH- POLICE DEPARTMENT Follow-Up Report had advised him he could be arrested for taking another person's ID and attempting to hide it. We ~ . advised there is an aiding. and abetting statute and he could. have been charged. with it, but that was not going to happen at this. tune, however, he needed to be aware of it as it could affect his school career. ~ . While speaking with the individual, the manager of the La glayette did speak with Officer Johnson. Officer Johnson explained to the manager what had happened and. what we had observed. After Officer Johnson finished speaking with the manager, we left. the bar for the evening. OFFICER SIGNATURE: DATE: LIQUOR LICENSE VIOLATIONS MATRIX Adopted September 4, 2003 `Violation No aggravating One. aggravating Two aggravating .Three factors factor factors aggravating factors' Refusal to allow 2 day suspension 4 day suspension $1,000.00 fine and Revocation. inspection and $500 fine and $750 fine 7 day suspension Section 71.8.3 Nudity/Lewd acts $250 fine 2 day suspension 4 day suspension Revocation Section 71.8.4 and $500 foie and $750 fine , After hours sale 2 day suspension. 4 day suspension 12 day suspension.. Revocation Section 71.9.1 and $250 fine and $500 fine and $750 fine Sunday sale 2 day suspension :; 4 day suspension 12 day suspension Revocation without license and $250 fine and .$500 fine and $750 fine Section 71.9.2 After hours display $250 fine 2 day suspension 4 day suspension Revocation Section 71.9.3 and $500 fine and. $750 fine Sale to Minor $150 fine * $400 fine $700 fine: $1,000 fine and S Section 71.11.1.A day suspensio~l Unaccompanied Minor $1.00. $300 fine $500 fine $1,000 fine. and 5 Section 71.11.1.0 day suspension Failure to prevent on-sale 3iquor from $50 fine $1.00 one '. ~ $1:50 fine X150 fine leaving premises Section 71.11.4 Violation of Qutdoor liquor 2 day suspension 4 day suspension. Revocation permit $250 fne and $500 fine and $750 fine Sections 71.1.1.5 and 71.11.6 Sale to intoxicated person $300 fine $600 fine $1,000 fine and 5 Minn.Stat. $150 fine day suspension 340A.502 Commission of a felony related to a liquor license, or the sale of liquor while the license is suspended shall result in revocation. Suspensions: Suspensions shall automatically take effect the first consecutive regular business days following the appeal period or following the appeal to the City Council in which no catered events have been. scheduled. Days in which the licensed premises are not open for business shall not be credited toward the suspension period. The licensed premises shall be required to provide proof of the scheduled catered events to the City Administrator/Clerk in order to exempt a specific date from the automatic suspension. Aggravating factors: The following shall each constitute one aggravating factor for the purpose of the Liquor license violations matrix: One of the following violations concurrent with the present violation, or within the 12 months preceding the present violation: - A refusal to allow inspection ' - A violation for nudity/lewd acts - After hours sale - Sunday sale without license - After hours display = Violation ofclub license - Violation of Outdoor liquor permit Two of the following violations, in any combination, concurrent with the present violation or within the 12 months preceding the present violation: - Sale to Minor* - Unaccompanied Minor - Failure to prevent on-sale liquor from. leaving premises - Sale, to intoxicated. person *Ifmultiple citationsQCRs result from a single bar cheek, this matter shall be treated as a single violation if there are two or less citations/ICRs issued, two violations if 3 to 5 citations/ICRs are issued, or three violations if 6 to 10 citations/ICRs are issued. If more than 10 citations/ICRs result from a single bar check, the matter shall be brought before the City Council for consideration of a penalty. Evidentiary Hearing: The liquor license holder shall have the right to request an evidentiary hearing to contest an alleged violation. The request for hearing must be received by the City Administrator within 7 days of the alleged violation and the request must include a $ 500.00 deposit. In the event the evidentiary hearing finds in favor of the liquor license holder, the $ 500.00 .deposit will be returned. SEH March 28, 2008 Ms. Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374-0668 Dear Judy: FYI RE: St. Joseph, Minnesota City Engineering Services SEH No. A-STJOE 0801 1 Thank you for the engineering work you allowed us to perform for the City this past calendar year. On behalf of the entire staff at SEH, we appreciate the work and enjoy working with your staff as City Engineer. Enclosed is our proposed hourly rate schedule for engineering services in 2008. The proposed rates represent an average of 1.62-percent increase over our 2007 rates. I also attached a copy of the 2007 rate table for your reference. Again, thank you and please contact me if you would like to discuss the rate schedule or if you have any questions. Sincerely, Randy J. Saban, PE City Engineer dj g Enclosures c: Kate Henkemeyer, SEH - Scott Lange, SEH p:\pt\s\atjoelcommou\cocrU-city rate letter 2008.doc ~~d~~ir A . MAR 312008' .:; i ~ ~;~ ST. JQSEPI Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer ~ www.sehinc.com ~ 320.229.4300 ~ 800.572.0617 ~ 320.229.4301 fax SHORT ELLIOTT HENDRICKSON, INC. Hourly Rate Schedule for Engineering Services Effective April 1, 2008 Principal .............................................................................. $116.00 Project Manager .................................................................. $112.00 Registered Land Surveyor ................................................... ..$96.00 Project Engineer .................................................................. $103.00 Staff Engineer ...................................................................... ..$97.00 Lead Technician .................................................................. ..$92.00 Senior Technician ................................................................ ..$88.00 Technician ...........................................:............................... ..$78.00 Survey Crew Chief ............................................................... ..$79.00 Instrument Operator ..............................................................$61.00 Word Processor ................................................................... ..$53.00 Intern ............... ........:........................................................... .. $49.00 Specialist ............................................................................ Variable Reimbursable Expenses: Printing and Postage Costs ............................................. Actual Cost Subconsultants ............................................................... 1.1 x Actual Cost Mileage .......................................................................... IRS Rate RPR Vehicle .............................................:.....................$13.00 Per Day Survey Vehicle and Equipment ...................................... $ 4.50 Per Hour Total Station ................................................................... $20.00 Per Hour GPS Equipment ..............................................................$25.00 Per Hour Additional Services Regular City Council Meetings ......................................No Cost Telephone Consultation ...........................:................:.....No Cost P:~P1IS~STJOE~commonlcorr~rate 2008.doc SHORT ELLIOTT HENDRiCKSON, INC. Hourly Rate Schedule for Engineering Services Effective April 1, 2007 Principal .............................................................................. $112.00 Project Manager .................................................................: $109.00 Registered Land Surveyor ................................................... ..$94.00 Project Engineer .................................................................. $101.00 Staff Engineer ...................................................................... ..$97.00 Lead Technician .................................................................. ..$92.00 Senior Technician ................................................................ ..$87.00 Technician ........................................................................... .. $77.00 Survey Crew Chief .............................................................. ..$7$.00 Instrument Operator ............................................................ .. $59.00 Word Processor ................................................................... ..$52.00 Intern ................................................................................... .. $49.00 Specialist ........:.............................:..................................... Variable Reimbursable Expenses: Printing and Postage Costs ........................ ..................... Actual Cost Subconsultants ............................................................... 1.1 x Actual Cost Mileage ................................................................. ..... .... IRS Rate RPR Vehicle ................................................................... $13.00 Per Day Survey Vehicle and Equipment ...................................... $ 4.50 Per Hour Total Station ................................................................... $20.00 Per Hour GPS Equipment .............................................................. $25.00 Per Hour Additional Services Regular City Council Meetings ......................................No Cost Telephone Consultation .................................................No Cost P:\P'I1S\Stjoe\cornmon\corr\2005\rate-2007.doc City of St. Joseph Copy Machine Purchase Request 5 YR Company Description Purchase Lease Imaging Path Lanier - 35 Pages per minute 13,205.00 288.00 Service Agreement Cost/Page BW 0.01 0.01 Service Agreement Cost/Page Color 0.069 0.069 Note: Only one unit left at the fleet price. Once that unit is sold the new price increases to $ 15,116 Canon IR 10801 17,298.00 375.00 Service Agreement Cost/Page BW 0.01 0.01 Service Agreement Cast/Page Color 0.069 0.069 Chader Business Demo Konica Minota BizHub C352 11,845.74 256.48 Unit Service Agreement Cost/Page BW D.D1 0.01 Service Agreement Cost/Page Color 0.068 0.068 New Konica Minota BizHub C352 14,738.74 318.61 Unit Service Agreement Cost/Page BW 0.01 0.01 Service Agreement Cost/Page Color 0.068 0.068 Note: The Demo unit is the one that is in their office and has less under 1000 copies. The last copier we purchased was also a demo. Coordinated Business Kyocera KM-C4035 E Digital 7,874.25 164.50 Service Agreement Cost/Page BW 0.0117 0.0117 Service Agreement Cost/Page Color 0.068 0.068 It is recommended that the City authorize the purchase of the demo Konica Copier. We have researched the different copy machines and Kyocera is a good machine for black and white but not as reliable long term as the other three. The top copy machine Xerox, but it is cost prohibitive. The current machine we have is a Konica machine which we purchased in 2001. The copy machine has been extremely reliable and Chader has serviced the City well When requesting proposals we asked for both purchase and lease. Financing the purchase through the equipment certificate was cheaper than leasing from one of the vendors. We budgeted $ 15,000 for the copy machine through the CIP and with the networking and taxes we should be under the total budget.