ATTORNEY RAY Krause, standing, speaks on behalf of owners of Beyer’s Bar, Dale Van Nurden, seated next to Karuse, and Leslie Arens, with hand in front of his face. Councilmen James Penrod and George Germann are at the council table listening, bottom of photo, about 40 person were present during the hearing, including many waiting for council discussion of improvement of the Payne Street hill near 12th S. (Photo by Steve Kohls.)

Beyer’s Bar will have its liquor license at least one more week.

A hearing on possible revocation of the license was postponed Tuesday by the New Ulm City Council until May 13 at the request of the owner’s attorney.

The council had notified Leslie D. Arens, license holder at Beyer’s, 121 S. Valley, on Saturday that he should appear Tuesday to tell the council why his license should not be revoked.

ARENS’ ATTORNEY, Ray Krause of Mankato, objected Tuesday night to the lack of sufficient time to prepare, and to the lack of a list of reasons for the revocation.

Krause said state law requires 10 days notice of such a revocation hearing, while the city only gave three days notice.

Krause also objected on the grounds that “assuming that the reasons for the revocation are the charges of prostitution which have arisen in recent days,” the state law on liquor licenses does not cover such charges but rather provides for revocation on charges relating to the sale of intoxicating beverages.

Krause said he had instructed Arens to make no statement since his firm hadn’t had a chance to investigate the matter or discuss it with Arens.

COUNCIL PRESIDENT William Gafford said the city charter says the council can for any reasonable cause revoke a liquor license if notice is given the licensee and the licensee is given a chance to speak. No specific number of days notice is listed in the charter.

City Atty. Terence Dempsey said that since state law specifies 10 days notice the council would run a risk if the license were revoked without giving 10 days notice before the hearing.

“I think you would run a severe risk of them saying they didn’t have ample time to prepare a full defense or a full presentation on such short notice,” Dempsey said.

COUNCILMAN HAROLD HIPPERT said the city code doesn’t say the council has to give any reasons for the revocation.

Gafford said the council had asked Arens to show cause why his license should NOT be revoked.

“We’ve got two young girls picked up for prostitution in this place and pled guilty in court,” Gafford said.

Dempsey said a list of reasons would be “the safer route to follow.”He said the city code does not specifically require such a list but he thought state law did contain such a requirement “either inferentially or directly.”

THE COUNCIL discussed having Dempsey prepare such a list but did not include it in the final motion to continue the hearing to May 13, in order to give 10 days notice from date of service of notice to Arens, May 3.

Two Minneapolis women, ages 16 and 18, were arrested a week ago in an apartment above Beyers and charged with prostitution. The 18-year-old pleaded guilty that same day in court. Police said they had received complaints about suspected prostitution at Beyers and investigation led to the arrests.

Arens was granted his liquor license last December when he and Dale Van Nurden bought Beyers.

New Ulm Daily Journal

May 7, 1975