Posted: 6/25/03

Upperdeck fights legal battle for pull tabs

Jessica Foster
Staff Writer

Saying he has been wronged, Bo Bogotty has filed suit against the city of Forest Lake.

Bogotty, owner of Upperdeck and Players Beach Club, a two level restaurant and nightclub establishment in Forest Lake, filed the complaint with the Minnesota Court of Appeals in an attempt to get pull tabs back in his establishment before 2005.

The dispute is the result of an investigation by the Minnesota Department of Public Safety which accused Bogotty of theft and fraud in connection with charitable gambling operations selling pull tabs at Upperdeck and Players Beach Club and Ricciís in Hugo.

Bogotty was exonerated of the charges nearly one year ago by Washington County Attorney Doug Johnson.

The Forest Lake Hockey Association, which sold pull tabs at the bar was not left unscathed. FLHA lost its site license at Upperdeck and was ordered to pay a $4000 civil penalty fine and return $34,132 to the associationís gambling fund from non-gambling funds.

After reviewing evidence collected by Special Agent Cliff Emmert of the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety off the pull tab operations and a memo by City Attorney Dave Hebert, City Administrator Chip Robinson last January recommended the city not approve any premises permits for the next two years.

The city council agreed and denied the establishment premises permits.

But Bogotty said he is being punished for something he did not do. He was attempting to get the Dead Broke Saddle Club in the pull tab booth before the city ground that idea to a halt.

ìIím not bound by the laws they (the charitable organization) have to go by. Iím just the landlord,î he said. ìIíve committed no crimes of any kind and Iím paying for what the hockey association agreed to do.î

City Attorney Dave Hebert, in a memo to the council, said ìThe Upperdeck, as lessor of the premises appears to have been unjustly enriched by the excess payments made by its tenant,î Hebert wrote. ìThe Upperdeck, as a long term gambling premises lessor knew, or should have known that the lease payments and other expenditures made by the lessee were in excess of the amount permitted by State statutes and rules.î

But Bogotty said there is no established permitted figure, and it is not his responsibility to know of a figure.

ìI canít believe he said I should have known. I shouldnít have to know,î he said. ìIím totally violated and Iím truly the victim.î

But Bogotty said there is no set figureójust that it should be reasonable and agreed upon.

Bogotty said he expects a response from the court of appeals before the summerís end. He expects a victory.

ìI think theyíre very smart judges in the Court of Appeals,î Bogotty said. ìIíll be very shocked if the Appellate Court does not reverse their decision.î

Another suit

Bogotty and his attorney also have filed an internal affairs complaint with Emmert and is looking to do more.

ìOur future plans are hopefully to sue him and recover $70,000 in attorneyís fees,î Bogotty said. ìHe thinks heís a cowboy. Iím the victim of circumstance.î

Political aspirations

Bogotty has expressed frustration with decisions made by the city council.

The businessman said he may be better at the job.

ìI might run for city council,î he said. ìI will be thorough. Iím for growth of the city and making things better.

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