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j. Lot~c~ <br /> <br />MHSH ~ LODGE 612 712 1015 <br /> <br />ATTO~NZY$ AT L^w PLLP <br /> <br />April 2, 1999 <br /> <br />William Goodrich <br />Randall, Dehn & Goodrich <br />2140 Fourth Avenue North <br />Anoka, MN 55303 <br /> <br />RE: Diamonds Sports Bar & Grill,. Inc. <br /> <br />Dear Bill: <br /> <br />The undersigned and this law firm represent Diamonds Sports Bar & Grill, Inc. with. <br />respect to issues raised in your April 1, 1999 letter addressed to that company and Gary <br />Gruber. <br /> <br />After discussions with Mr. Gruber, il: appears that there may be several legal issues that <br />we will pursue if a reasonable settlement is not reached. The proposed penalty is so <br />severe that my client has no choice but to exercise all of its dghts. Your letter raises the <br />possibility that we may reach a mutually acceptable disposition of those issues without a <br />public hearing. We truly hope this can be possible. Our intent is not to evade <br />repercussions from the incident, but rather to ensure that those repercussions do not <br />exceed the severity of the incident, particularly in light of the positive aspects of the <br />establishment's operations. <br /> <br />Initially, it seems there was a complaint about a dance performance involving nudity on <br />the premises during business hours. It should be noted that immediately after the <br />complaint was voiced, the performance was stopped. Indeed, the performance was not <br />an organized or advertised event. Instead it was an isolated, if ill advised, celebration of <br />an individual's birthday. The performance was not only stopped forthwith upon hearing <br />a complaint, Mr. Gruber has advised the city that it won't happen again. Because the <br />bar was only recently constructed and opened, city officials involved in the process can <br />attest to the veracity and sincerity of Mr. Gruber. <br /> <br />Moreover, from your letter it appears that the conduct which is in question is not that <br />which occurred during business hours, but rather a later performance that transpired <br />after all patrons had left the premises, after the doors had been closed and locked. At <br />that time no alcohol was being served or consumed by anyone on the premises. There <br />were only 6 people in the building after 1:30 a.m. The performance was not open to the <br />public, nor was it visible through any readily accessible window in the building. In fact <br />the investigating police officers were forced to climb a fence to get to windows in the <br /> <br />922 MONgOE S'rftz~-T A~ov~, M~NNZSOT,\ 55303 <br /> <br /> <br />