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90-1052 , �-��-io� � (�(�p� ` ., cou,eit Pite � (�'p�lo"4v � �� .s�c e RESO�UTION CITY OF SAlNT PAUL, MiNNES4TA Pres�nCed B�I• R�fereed Ta Ca�itt�rs Oat� �� f�islSis�s�sassilifsiil�isl�tii�Siiii�tsiiliiiiiisiiiiiiss�l�isi�iiss�islS�l�SSSissii=iii 1 RESOLVED, that the current licenseholder for Everybod}�s Bar at 369 Cedar S�eet, Saint 2 paui, which is Limelight, Inc., is hereby required to pay to th� City of Saint Paul a fine of SS00.00, 3 which fine is in lieu of a two-day suspension of all of the licenses held at that premises, said fiae to 4 be paid withi.n ten (10) days following publicarion of this resolution; and be it � 6 FUR'I'HER RESOLVED, that such fine may be paid by Jescrco, Inc., the current mana;ers of 7 the establishment; and be it 8 9 FURTHER RESOLVED, that the owners, managers and empioyees of the licensed 10 establishment, includin� all Jescrco, Ine., personnel, shall meet with the city licensing division to 11 review the rules and ordinances ;overning the operation of on sale intoxicatin; liquor I2 establishments, said meeting to be initiated by written request from Jescrco, Inc., to the License 13 Inspector within ten (10) days following publicadon of this Resolution; and be it I4 15 FURTHER RESOLVED, that the report of the AL.T dated May 21, 1990, with iu Findings 16 aad Fact, a.nd Conclusions of Law, is expressly rav.fied and adopted as the written findings and I7 conclusions of the Council. I8 19 This resolution is based oa the record of proceedings before the Administrative I,aw Judge, ?0 including the hearing on �Iay 9, 1990, the documenu and exhibiu introduced therein, the az;uments 21 and statements for the parties on June I4, 1990, and the dehberations of the Counail in open 22 session. The Report of the fILT is attached hereto. � 24 A copy of this resoludon, as adopted, shall be sent by first class mail to the Administrative 25 Law Judge, and to the licenseholder. Z6 27 . 28 '(] MMlS�isfsisaqiisflSisiSS�ii sii=ilsisilSla is=Sissl�sls Ir� s�assss�sssasss �sas sas�s aqsa�s� r N a a.qw,=.e b�. o.p.raunr ot: t �� owi � M Rettmen u rf �' ssssssaaassss�s =ass=sa ass sa�as�sss Fons Approwd b�► City Attornay Adopted by Cots�ci l: Date _ qdopci on Csrti f i ad by Canei t S�ntary gy; ��7Q gY= �PP�'� bY � for S�issian to Ca�nci t ppprowd by Mayor: Osts BY� 3y: . . � . . , ��GI V L� J"unmiamr�,�n.. . ��1�o,.�E�� .� ,, MAY 2 2 1990 :�.: � �-r.,��:::.:.....� �4�'� A��Y �,,�.�,� � o�a ,,,,,,��"' � a_' STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 3t0 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 (612)341-7600 Mary 21 , 1990 Albert B. Olson, City Clerk St. Paul City Council 386 City Hall St. Paul , MN 55102 � Re: In the Matter of the Licenses of Limelight, Inc. and Jescroc, Inc. d/b/a Everybody' s ; OAH Docket No. 2-2101-4648-6 � Dear Mr. Olson: Enclosed and served upon you by mail , please find the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. I also enclose the official record, and I am closing our file in this matter. Sir�.c�rely, �� . , ,��: . L —Z____,.: ALLEN E. GILES Administrative Law Judge Telephone: 612/349-2543 AEG:pp Enclosure cc: Philip B. Byrne Joseph J. Dudley, Jr. AN EQUAL OPPORTUNITY EMPLOYER �� • 3-2101-4648-6 STATE OF MINNESOTA C� lfp_�G�Z OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Licenses of Limelight, Inc. and Jescroc, FINDINGS OF FACT. Inc. d/b/a Everybody' s, 369 CONCLUSIONS AND Cedar Street, St. Paul , MN 55101 RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Al1en E. Giles on May 9, 1990 in Room 1504A, City Hall Annex, 25 West Fourth Street, St. Paul , Minnesota 55102. , Appearing on behalf of the St. Paul City License Inspector (hereinafter "City Inspector"> was Philip B. Byrne, Assistant City Attorney, City of St. Paul , 647 City Hall , St. Paul , Minnesota 55102. Appearing on behalf of Limelight Inc. and Jescroc Inc. was Joseph J. Dudley, Jr. , Attorney at Law, Suite 2602, American National Bank Building, St. Paul , Minnesota 55101 . The record closed upon the conclusion of the hearing on May 9, 1990. ThiS report is a recommendation only, not a final decision. The St. Paul City Council will make the final decision after a review of the record. The St. Paul City Council may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the City Council shall not be made until this report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this report to file exceptions and present argument to the City Council . Parties should contact the St. Paul City Council , 386 City Hall , St. Paul , Minnesota 55102 to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUES Whether Limelight Inc. and Jescroc Inc. and/or their employees or agents allowed consumption and display of alcoholic beverages in the licensed premises �f±or � ;nn �.�, an�± hefere 8:00 a.m. �n violation of section 409.07 of the St. Paul Legislative Code; and whether Licensee permitted persons to remain on the premises after 1 :00 a.m. in violation of section 243.01 of the St. Paul Legislative Code. Based upon all of the proceedings herein the Administrative Law Judge makes the following: FINDINGS OF FACT 1 . Limelight, Inc. d/b/a Everybody' S holds sev�ral liquor licenses issued by the City of St. Paul including an on-;ale liquor, Sunday only sale, �� IA Y 2 2 1990 . ��' ,c��-��;�,��,a .. . � . . . � , �yo - �o� restaurant sale and class III entertainment liquor licenses. These licenses were transferred from Ideide Enterprises, Inc. d/b/a Cedar CFiip in 1988. City Ex. 3. 2. Marie V. Glidewell and Alice H. S. Fung are the officers of Limelight, Inc. The equity owners of Jescroc, Inc. are Jessie Miller, Constance Miller, Perry Miller and Craig Miller. 3. Limelight, Inc. and Jescroc Inc. (hereinafter �ointly referred to as "Licensee") have entered into a manaqement agreement whereby JeSCroc, Inc. will , purchase the assets of Limel9ght, Inc. and seek transfer of liquor licenses owned by Limelight, Inc. to Jescroc, Inc. The transfer of Limelight, Inc. ' s assets is set to occur three days after the notification of the approval by the St. Paul City Council of the license transfer. The applications for license transfer are pending before the St. Paul City Council . While the license transfer is pending Jescroc, Inc. is authorized to manage the business on behalf of Limelight, Inc. d/b/a Everybody' s . The agreement became effective April 1 , 1989. City Ex. 4 and 46. 4. On March 13, 1990, at approximately 1 :30 a.m. Jessie Mi11er closed Everybody' s lounge. He and several of his employees walked to Denny' s Restaurant in downtown St. Paul to have breakfast. During breakfast there was discussion about plans and decorations for St. Patrick' s Day. They returned to Everybody' s lounge from Denny' s Restaurant at approximately 3:30 to 4:00 a.m. The employees that returned to the lounge with Mr. Miller after breakfast were Joseph Allen (D.J. , waiter, clean-up> , Susan Marie Hartfield (waitress> , Patricia Ann Erickson (waitress> , and David Raymond Nurenberg (bartender> . Upon returning to Everybody' s Mr. Miller began a stock inventory to determined what additional stock needed to be ordered for St. Patrick' s Day. The employees began putting up decorations for St. Patrick' s Day. 5. While on tour of downtown St. Paul , at approximately 5:00 a.m. on . March 13, 1990, Police Officer Stuart Burke noticed a number of cars in front of Everybody' s lounge. He approached the front door of Everybody's lounge and heard noises-laughing and clapping coming from inside the lounge. After conferring with his supervisors he returned to the lounge with three other squads to investigate. As the police officers stood outside the entrance to Everybody' s lounge they heard several people inside talking and laughing loudly. 6. The officers knocked on the door and announced that they were police cfficers. �°ss�° M; ller a�swere� the door and allowed the police offi�ers in the bar. The police officers observed three drinks on the bar-two mixed drinks, one with a clear color and the other with a dark colored liquid and an open bottle of Heineken Beer 3/4 full . One of the mixed drinks smelled strongly of an alcoholic beverage.� City Ex. 7. The police officers also observed Joseph Allen sitting at the bar. 7he officers also located three other persons apparently hiding in a back coat room. These persons were Patricia Ann Erickson, Susan Marie Hartfield, and David Raymond Nurenberg. 7. Mr. Miller was surprised at the sudden appearance of the police officers at the lounge at approximately 5:20 a.m. ThP two women and the bartender were also frightened and ran t� � back room at the bar. As Mr. Miller came forward to open the door i�� was not aware that they had run into the back. The police officers were at the bar for approximately ten minutes. -2- . .. . . . . � . � ya-�o.�� 8. Mr. Jessie Miller was in charge and managing the bar at the time the police offlcers appeared on March 13. Mr. Miller has approximately eight years experience managing liquor lounges. Previously he was a owner/operator of P. J. Clarks, a bar previously located in downtown St. Paul . 9. On March 14, 1990, Craig M. Miller, Mr. Jessie Miller' s son was managing the bar at Everybody' s and was responsible for closing. 10. Officer Stuart Burke was touring downtown St. Paul on March 14, 1990. He noticed three people exit Everybody' s bar at approximately 1 :50 a.m. Along with another squad he checked the bar at about 2:00 a.m. Inside the bar Officer Burke and Sergeant Roeder observed a police officer seated at the bar with a glass filled with a liquid in front of him on the bar. 11 . The officers advised Craig Miller of the laws prohibiting consumption and display of intoxicating beverages after 1 :30 a.m. On the advice of the St. Paul Police Vice Unit the police officer seated at the bar was not identified and the liquid in the glass in front oT him on the bar was not confiscated as evidence. Also on the advice of the St. Paul Police Vice Unit Officer Burke prepared an incomplete report of the March 14 investigation at Everybody' s lounge. That report was not offered or received into evidence in this proceeding. 12. On March 14, 1990 all patrons and customers were cleared out of Everybody' s lounge at or about closing time except for the police officer who Craig Miller did not ask to leave. 13. During the March 13 and 14 investigations of Everybody' s Bar, police officers did not observe anybody consuming alcoholic beverages. No alcoholic beverages were consumed after closing hours at Everybody' s lounge on March 13, or 14. 14. Mr. Jessie Miller and Jescroc, Inc. have not previously been subject to a disciplinary liquor license proceeding. 15. On April 12, 1990, a Notice of Hearing was issued by the City of St. Paul , Office of the City Attorney to determine whether or not the Licensee' s liquor licenses should be suspended, revoked or a fine imposed based upon the following alleged violations: On both March 13 and 14, 1990, the Licensee and/or employees or agents of the licensee allowed consumption and display of alcoholic beverages in the licensed premises after 1 :00 a.m. and before 8:00 a.m. in violation of section 409.07 of the Legislative Code; and perm9tted persons to remain on the premises after 1 :00 a.m. in violation of section 243.01 of the Legislative Code. The Notice of Hearing was served upon the licensee by first class mail on April 12, 1990. City Ex. 1 • Based upon the foregoing Findings of Fact the Administrative Law Judge makes the following: -3- . . .� . - � �-yo_,os� �ONCLUSIONS ' 1 . St. Paul Legislative Code section 310.06 provides in relevant part as follows: (a> The council is authorized to take adverse action, as defined in section 310.01 above, against any license or permit, licensee or applicant for a license as provided in and by these chapters. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 310.05. (b> Such adverse action may be based on one or more of the following reasons , which are in addition to any other reasons specifically provided by law or in these chapters : (6>(i > The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a � violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith. Z. Minn. Stat. § 340A.415 provides in pertinent part: The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2,000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. No suspension or revocation takes effect until the license or permit holder has been afforded an opportunity for a hearing under. sections 14.57 to 14.69 of the Administrative Procedure Act. 3. St. Paul Legislative Code section 409.07(c> provides as follows: No person shall consume or display or allow consumption ' or display of liquor upon the premises of an on-sale licensee at any time when the sale of such liquor is not permitted. 4. St. Paul Legislative Code section 409.07(a> provides in relevant part as follows : No sale of intoxicating liquor shall be made after 1 :00 a.m. on Sunday nor until 8:00 a.m. on Monday. No on-sale shall be made between the hours of 1 :00 a.m. and 8:00 � a.m. on any weekday. -4- � - . � . , �y� ��'-� 5. St. Paul Legislative Code section 243.01 provldes as follows : No premises licensed for the sale of both food and intoxicating liquor and/or none intoxicating malt liquor shall remaln open for any business between the hours of 1 :00 a.m. and 5:00 a.m. and no person other than employees shall be permitted to enter or remain upon the premises unless the operator has obtained a special food license pursuant to chapter 421 . 6. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50 and 340A.415. 7. The Licensee received timely and proper notice of the hearing. The City has complied with all procedural and substantive requirements of law and rule. 8. As a Licensee or an Applicant for a liquor license, Limelight, Inc. and Jescroc, Inc. d/b/a Everybody' s must comply with the applicable laws , rules and regulations relating to sale of intoxicating liquors. � 9. The City Inspector has the burden of proving the alleged violations contained in the Notice of Hearing by a preponderance of the evidence. Minn. Rules pt. 1400.7300, subp. 5 (1989) In Re the Apalication of City of Whitebear, 311 Minn. 146, 247 N.W.2d 901 ; cf. , In Re Kaldahl , 418 N.W.2d 532, 535 (Minn. App. 1988> . 10. The City Inspector has proved by a preponderance of the evidence that alcoholic beverages were displayed on the premises on March 13 and 14 after proper closing hours in violation of St. Paul Legislative Code section - 409.07(c) . 11 . The City Inspector has failed to prove by a preponderance of evidence that alcoholic beverages were consumed on the premises on March 13 and 14 after proper closing hours. 12. The City Inspector has failed to prove by a preponderance of evidence that the Licensee permitted persons other than the employees to remain on the premises after 1 :00 a.m. on March 13, 1990. The City Inspector has proved by a preponderance of evidence that the Licensee permitted an unidentified police - officer to remain on the premises after 1 :00 a.m. on hlarch 14, in violation of -' section 243.01 of the St. Paul Legislative Code. -� 13. The above conclusions are arrived at for the reasons set forth in the Memorandum which follows and which is incorporated into these Conclusions. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the St. Paul City Council suspend the . license of Everybody' s for two days , or in the alternative, impose a civil -5- � � � . .� � , � . � yo io5� penalty in the amount of $500.00 for the violations as directed by section 409.26, St. Paul Legislative Code. Dated: May �� , 1990. . _ C:�-C�f.�L�. ;� � ,��= •� 'Z1 ALLEN E. GILES Administrative Law Judge NOTI E Pursuant to Minn. Stat. § 14.62, subd. 1 the St. Paul C1ty Council is required to serve 1t final deci5ion upon each party and the Administrative Law Judge by first class mail . Reported: Taped (tape nos . 8666, 8579, 8603, 8716) MEMORANDUM This is a proceeding under the Administrative Procedure Act-Minn. Stat. ch. 14 and sections 310.05 and 310.06 of the St. Paul Legislative Code to determine whether adverse actions should be taken against a license for alleged violations of applicable license law. The City Inspector asserts that the (1 ) Licensee allowed consumption and display of alcoholic beverages after hours on March 13 and 14, 1990 in violation of section 409.07(c) of the St. Paul Legislative Code; and (2) Licensee permitted persons other than employees to remain on the premises after 1 :00 a.m. in violation of section 243.01 of the St. Paul Legislative Code. The City Inspector argues that because of these violations the license should be disciplined and the pending application for transfer of licenses should be denied. The Llcensee admits to the violations of the St. Paul Legislative Code on March 13 and 14 relating to the display of alcoholic beverages on the premises �� after hours and admits that on March 14 a pollce officer was not asked to leave the premises after closing in violation of section 243.O1 .;rThe Licensee denies that any after hours consumption of alcoholic beverages occurred on the premises and asserts that only employees were on the premises after closing hours on March 13. Licensee sought in this proceeding to demonstrate that these occurrences were isolated and unconnected and that they do not reflect the day to day management of Everybody' s lounge. After consideration of these arguments the Administrative Law Judge has concluded that the Licensee should be disciplined in accordance with the presumptive penalties contained in section 409.26 of the St. Paul Legislative Code. The City Inspector has presented no persuasive basis for not allowing the license transfer. Based upon the record of this proceeding and the law argued by the parties, the Administrative Law Judge does not believe an articulable basis for disallowing the transfer arises from the circumstances of this case. -6- . -,,' f ', �- . � �"�G -/a.r� Permittina Persons to Remain on the Premises After 1 :00 a.m. '� Section 243.01 of the St. Paul Legislative Code prohiblts the Licensee from allowing persons other than employees to remain on the premises after 1 :00 a.m. On March 13, 1990 the only persons on the premises after 1 :00 a.m. were employees therefore, no violation of this section occurred on that date. On March 14, the Licensee admits that it violated this section when it did not demand that a police officer leave the bar as it had with respect to other customers . The Administrative Law Judge notes a conflict 1n testimony regarding the number of persons other than employees present in the bar on March 14. Mr. Craig Miller testified that only the police officer was present. Officer Burke testified that three other persons other than the unidentified police officer were also present. These persons were not identified and Officer Burke admits that the March 14 report of his investigation Nas influenced by the St. Paul Police Vice Unit personnel who were not present during Officer Burke' s investigation. Officer Burke also testified that there were several mixed drinks sitting on the bar during his investigation. However, pursuant to the St. Paul Vice Unit direction Officer Burke did not confiscate the alleged mixed drinks sitting on the bar. The Administrative Law Judge places little reliance on the testimony of Officer Burke regarding his March 14 investigation at Everybody' s lounge because he admitted that his report was incomplete and that he was influenced by persons from the Vice Unit who were not present at the bar. Even the City Inspector placed little reliance on Officer Burke' s report of his March 14 investigation. The report was not offered or received into evidence in this proceeding. � Consumqtion and Di�play of Alcoholic BeveraQes After Hours. Section 409.07(c) prohibits the consumption or display of alcoholic beverages on a licensed premises except during permitted hours of the day. Licensee has admitted to a display violation but denies that alcoholic beverages were consumed after hours on the premises on the dates in question. The evidence does not support a finding that alcoholic beverages were consumed during nonpermitted hours. The City Inspector offered testlmony that the subject drinks appeared "freshly poured" and contalned ice cubes. The Licensee offered testimony that the drinks were left over from before the bar was closed. There was no testimony that any of the employees or the police officer smelled of liquor or appeared intoxicated. No person was observed consuming an alcoholic beverage. In view of the Licensee' s denials and th� lack of other circumstantial evidence in addition to the drinks appearing "freshly poured," the Administrative Law Judge has concluded that the City Inspector has failed to prove that alcoholic beverages were consumed after hours at Everybody' s lounge on the dates in question. A.E.G. V� t��6�CS GU�GtCLt� �� •� �� . _ �t�Crc.�;�C�,� re6��— �U -7- � ' � ' �� -��;� �t==�. o�'` �y =� �;; ,' CITY OF SAINT PAUL � �;;;�;;;�; o �� ;' OFFICE OF THE CITY ATTORNEY . � �"� JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota SS102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR May 24, 1990 REC�IVED Ms. Marie V. G1 idewell, President �AY 291990 Limelight Inc. C!f'; C.LERr� � d/b/a Everybody's Mr. Perry D. Miller, President Jescrco, Inc. AMENDED NOTICE OF COUNCIL HEARING d/b/a Everybody's 369 Cedar St. Paul, Minnesota 55101 RE: City of St. Paul vs Limelight, Inc. and Jescro, Inc. d/b/a Everybody's Dear Ms. Glidewell and Mr. Miller: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been re-scheduled for 9: 00 o'clock a.m. , June 14, 1990, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the Council at the this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart form the recommendations of such Judge as permitted by law in the exercise of its judgment and discretion. Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Acting License Inspector Lt. Nancy DiPerna Vice Unit Albert B. Olson City Clerk Joe Dudley Jr. Attorney for Jescrco, Inc. � � ��/dsz `�ltr a, CITY OF SAINT PAUL 0`4 �; ; „;�;;;�; ; OFFICE OF THE CITY ATTORNEY . „o � �... JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota SS102 JAMES SCHEIBEL FAX 612-298-5619 MAYOR R�c��v�� May 24, 1990 MAY25199Q Ms. Marie V. Gl idewell, President �'�� C�Ek:t - Limelight Inc. d/b/a Everybody's Mr. Perry D. Miller, President Jescrco, Inc. NOTICE OF COUNCIL HEARING d/b/a Everybody's 369 Cedar St. Paul, Minnesota 55101 RE: City of St. Paul vs Limelight, Inc. and Jescro, Inc. d/b/a Everybody's Dear Ms. Glidewell and Mr. Miller: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned � establishment has been scheduled for 9: 00 o'clock a.m. , June ],2; � 1990, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the Council at the this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart form the recommendations of such Judge as permitted by law in the exercise of its judgment and discretion. Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Acting License Inspector Lt. Nancy DiPerna Vice Unit lbert B. Olson City Clerk Joe Dudley Jr. Attorney for Jescrco, Inc. - � ��o�z �� '' ��`s� ��:: _ _ �`�i''`;�a«,n,II� uni ,�;;�- -f��. /.�" STATE O F M I N N ESOTA ��VED %� 4� OFFICE OF ADMINISTRATIVE HEARINGS �Y22i�0 V FIFTH FLOOR,FLOUR EXCHANGE BUILDING � / 310 FOURTH AVENUE SOUTH rI l � C�.`[�K ``� gK,.��„,(,�� «'`.�� '"�- � � �°'` � MINNEAPOUS,MINNESOTA 55415 �.... �'" �' 4,! (612)341•7600 Mary 21 , 1990 Albert B. Olson, City Clerk St. Paul City Council 386 City Hall St. Paul , MN 55102 Re: In the Matter of the Licenses of Limelight, Inc. and Jescroc, Inc. d/b/a Everybody' s; OAH Docket No. 2-2101-4648-6 Dear Mr. Olson: Enclosed and served upon you by mail , please find the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. I also enclose the official record, and I am closing our file in this matter. Si rje�rely, �- ��1 L. �.� , (,� Z , --Z._., ALLEN E. GILES Administrative Law Judge Telephone: 612/349-2543 AEG:pp Enclosure cc: Philip B. Byrne Joseph J. Dudley, Jr. AN EQUAL OPPORTUNITY EMPLOYER � , . • �-��sz STATE OF MINNESOTA) 3-?1"71-'�("�4�-E� )SS . COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Paige L. Purcell , being first duly sworn, hereby deposes and says that on the ? �S t day of �.ay , 1990, at the City of Minneapolis , county and state aforementioned, she served the attached rl�'�''�I',�`� nF F:1C'L', .(�r *c� %1'-.- . r� n r r� +rr��, ,�.. ,:�:�.,,,i. �I .,,� .'�:d , �.�`� . l:':")1�I ; by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual/individuals. , .�.l��ert "3 '��so�� t. F�iui Cit}r `�ouncil. 3"h '.'ity ;Iali ..�. , �,�, rL. �'a;:1 , , ., _ . � n;iilil� ';. '�yrri� ^.ssistant City ^.ttornc;y �itv of �'t. Paizl �)�7 �,_1�-V �`�311 `,t. Pau1. , '{`: 551�2 .Tose��'i ,T, ?)�i�ilc�;r�, ,Tr. �.ttcrriey at I..ai�,! �izi_ t� '��' \,..�:�ric<ir2 ;;<Ltion�il. T��i': ,�liil�:'in� ct. ''Ztt� , "f'; :�5] `'1 `> . . . Subscribed and sworn to before me thi s o2/� day of � , 1990. � - �6—r� � Notary Public LA VON REGAN WpTAR1f PUBLIO--MINNESOTA '� HENhEPIN COUNTY i W COMWISSION EXPIRES S3� . , ��-/��z. ,�.t:o, R° � CITY OF SAINT PAUL a a ; ;_�;;�� ; OFFICE OF THE CITY ATTORNEY r h0 • l�N JANE A. MC PEAK, CTTY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR Administrative Law Hearing In Re: City of St. Paul vs Limelight Inc. , (current license holder) and Jescrco, Inc. , (applicant " licenses) , d/b/a Everybody's, for the prem�� Cedar Hearing Date: May 9, 1990 CITY'8 EBHIBITB: �,^ , �� 1. Notice of Hearing, � � and affidavit of service by mail. 2 . § 243. 01 of the St. ,� Code, Closing hours. 2A. § 310 of the St. Paul _yislative Code, Uniform License Procedures. 2B. § 409 of the St. Paul Legislative Code, Intoxicating Liquor. 3 . Certified copy of City of St. Paul License Division records indicating licenses held by Limelight Inc. , the current license holder. 4. Certified copy of ^�*� of St. Paul License Division records showing the manac ' - "-~agemeht agreement betwee� nc. 4B. Application for : �or license" by Jescrco Inc. and ,; / ��. :mises at 369 Cedar Avenue. /V,�� 5. Police report CN �� / � 1990 by Officer S. Burke; incluc �� , 5B. Supplementary Pc ted March 13, 1990 by Sgt. J. 5C. Supplementary P� �ted March 13, 1990 by Officer 6. Police report C 1990 by Officer S. Burke. 6B. Supplementary Police report CN 90 031 403 & 90 031 808 by Lt. D. Olson. 7. Physical evidence: (1) Heineken bottle, (1) sample bottle with ' Heineken Beer and (1) Sample bottle with alcoholic beverage. �� ' 3-2101-4648-6 �. � „ �� -�/�� u�.c. /� � STATE OF MINNESOTA " OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Licenses of Limelight, Inc. and Jescroc, FINDINGS OF FACT. Inc. d/b/a Everybody' s, 369 CONCLUSIONS AND Cedar Street, St. Paul , MN 55101 RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Allen E. Giles on May 9, 1990 in Room 1504A, C9ty Hall Annex, 25 West Fourth Street, St. Paul , Minnesota 55102. Appearing on behalf of the St. Paul City License Inspector (hereinafter "City Inspector") was Philip B. Byrne, Assistant City Attorney, City of St. Paul , 647 City Hall , St. Paul , Minnesota 55102. Appearing on behalf of Limelight Inc. and Jescroc Inc. was Joseph J. Dudley, Jr. , Attorney at Law, Suite 2602, American National Bank Building, St. Paul , Minnesota 55101 . The record closed upon the conclusion of the hearing on May 9, 1990. This report is a recorrimendation only, r� a final decision. The St. Paul City Couneil will make the final decision after a review of the record. The St. Paul City Council may adopt, re�ect or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the City Council shall not be made until this report has been made avallable to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this report to file exceptions and present argument to the City Council . Parties should contact the St. Paul City Council , 386 City Hall , St. Paul , Mlnnesota 55102 to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUES Whether Limelight Inc. and Jescroc Inc. and/or their employees or agents allowed consumption and display of alcoholic beverages in the licensed premises after 1 :00 a.m. and before 8:00 a.m. in violation of section 409.07 of the St. Paul Legislative Code; and whether Licensee permitted persons to remain on the premises after 1 :00 a.m. in violation of section 243.01 of the St. Paul Legislative Code. Based upon all of the proceedings herein the Administrative Law Judge makes the following: FINDINGS OF FACT 1 . limelight, Inc. d/b/a Everybody' s holds several liquor licenses issued by the City of St. Paul including an on-sale liquor, Sunday only sale, � � � 90 -/D�7� restaurant sale and class III entertainment liquor licenses. These licenses were transferred from Ideide Enterprises, Inc. d/b/a Cedar Chip in 1988. City Ex. 3. Z. Marie V. Glidewell and Alice H. S. Fung are the officers of Limelight, Inc. The equity owners of Jescroc, Inc. are Jessie Miller, Constance Miller, Perry Miller and Craig Miller. 3. Limetight, Inc. and Jescroc Inc. (hereinafter �ointly referred to as "Licensee") have entered into a management agreement whereby Jescroc, Inc. will purchase the assets of Limellght, Inc. and seek transfer of liquor licenses owned by Limelight, Inc. to Jescroc, Inc. The transfer of Limelight, Inc. ' s assets is set to occur three days after the notification of the approval by the St. Paul City Council of the license transfer. The applications for license transfer are pending before the St. Paul City Council . While the license transfer is pending Jescroc, Inc. is authorized to manage the business on behalf of Limelight, Inc. d/b/a Everybody' s. The agreement became effective April 1 , 1989. City Ex. 4 and 46. 4. On March 13, 1990, at approximately 1 :30 a.m. Jessie Miller closed Everybody' s lounge. He and several of his employees walked to Denny' s Restaurant in downtown St. Paul to have breakfast. During breakfast there was discussion about plans and decorations for St. Patrick' s Day. They returned to Everybody' s lounge from Denny's Restaurant at approximately 3:30 to 4:00 a.m. The employees that returned to the lounge with Mr. Miller after breakfast were Joseph A11en (D.J. , waiter, clean-up> , Susan Marie Hartfield (waitress> , Patricia Ann Erickson (waitress) , and David Raymond Nurenberg (bartender) . Upon returning to Everybody's Mr. Miller began a stock inventory to determined what additional stock needed to be ordered for St. Patrick' s Day. The employees began putting up decorations for St. Patrick' s Day. 5. While on tour of downtown St. Paul , at approximately 5:00 a.m. on March 13, 1990, Police Officer Stuart Burke noticed a number of cars in front of Everybody' s lounge. He approached the front door of Everybody' s lounge and heard noises-laughing and clapping coming from inside the lounge. After conferring with his supervisors he returned to the lounge with three other squads to investigate. As the police officers stood outside the entrance to Everybody's lounge they heard several people inside talking and laughing loudly. 6. The officers knocked on the door and announced that they were police officers. Jessie Miller answered the door and allowed the police officers in the bar. The police officers observed three drinks on the bar-two mixed drinks, one with a clear color and the other with a dark colored liquid and an open bottle of Heineken Beer 3/4 full . One of the mixed drinks smelled strongly of an alcoholic beverage. City Ex. 7. The police officers also observed Joseph Allen sitting at the bar. The officers also located three other persons apparently hiding in a back coat room. These persons were Patricia Ann Erickson, Susan Marie Hartfield, and David Raymond Nurenberg. 7. Mr. Miller was surprised at the sudden appearance of the police officers at the lounge at approximately 5:20 a.m. The two women and the bartender were also frightened and ran to a back room at the bar. As Mr. Miller came forward to open the door he was not aware that they had run into the back. The police officers were at the bar for approximately ten minutes. -2- , . ��-��5 z� 8. Mr. Jessie Miller was in charge and managing the bar at the time the police officers appeared on March 13. Mr. M111er has approximately eight years experience managing liquor lounges. Previously he was a owner/operator of P. J. Clarks, a bar previously located in downtown St. Paul . 9. On March 14, 1990, Craig M. Miller, Mr. Jessie Miller' s son was managing the bar at Everybody' s and was responsible for closing. 10. Officer Stuart Burke was touring downtown St. Paul on March 14, 1990. He noticed three people exit Everybody's bar at approximately 1 :50 a.m. Along with another squad he checked the bar at about 2:00 a.m. Inside the bar Officer Burke and Sergeant Roeder observed a police officer seated at the bar with a glass f111ed with a liquid in front of him on the bar. 11 . The officers advised Craig Miller of the laws prohibiting consumption and display of intoxicating beverages after 1 :30 a.m. On the advice of the St. Paul Police Vice Unit the police officer seated at the bar was not identified and the liquid in the glass in front of him on the bar was not confiscated as evidence. Also on the advice of the St. Paul Police Vice Unit Officer Burke prepared an incomplete report of the March 14 investigatlon at Everybody' s lounge. That report was not offered or received into evidence in this proceeding. 12. On March 14, 1990 all patrons and customers were cleared out of Everybody' s lounge at or about closing time except for the police officer who Craig Miller did not ask to leave. 13. During the March 13 and 14 investigations of Everybody' s Bar, police officers did not observe anybody consuming alcoholic beverages. No alcoholic beverages were consumed after ctosing hours at Everybody's lounge on March 13, or 14. 14. Mr. Jessie Miller and Jescroc, Inc. have not previously been sub�ect to a disciplinary liquor license proceeding. 15. On April 12, 1990, a Notice of Hearing was issued by the City of St. Paul , Office of the City Attorney to determine whether or not the Licensee's liquor licenses should be suspended, revoked or a fine imposed based upon the following alleged violations: On both March 13 and 14, 1990, the Licensee and/or employees or agents of the licensee allowed consumption and d9splay of alcoholic beverages in the licensed premises after 1 :00 a.m. and before 8:00 a.m. in violation of section 409.07 of the Legislative Code; and permitted persons to remain on the premises after 1 :00 a.m. in violation of section 243.01 of the Legislative Code. The Notice of Hearing was served upon the Licensee by first class mail on April 12, 1990. City Ex. 1 . Based upon the foregoing Findings of Fact the Administrative Law Judge makes the following: -3- � �o -/vs� CON�LUSIONS 1 . St. Paul Legislative Code section 310.06 provides in relevant part as follows: (a> The council is authorized to take adverse action, as defined in section 310.01 above, against any license or permit, licensee or applicant for a license as provided in and by these chapters. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 310.05. (b> Such adverse action may be based on one or more of the following reasons, which are in addition to any other reasons specifically provided by law or in these chapters: (6>(i > The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant> has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith. Z. Minn. Stat. § 340A.415 provides in pertinent part: The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2,000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. No suspension or revocatlon takes effect until the license or permit holder has been afforded an opportunity for a hearing under sections 14.57 to 14.69 of the Administrative Procedure Act. 3. St. Paul Legislative Code section 409.07<c) provides as follows: No person shall consume or display or allow consumption or display of liquor upon the premises of an on-sale licensee at any time when the sale of such liquor is not permitted. 4. St. Paul Legislative Code section 409.07(a) provides in relevant part as follows: No sale of intoxicating liquor shall be made after 1 :00 a.m. on Sunday nor until 8:00 a.m. on Monday. No on-sale shall be made between the hours of 1 :00 a.m. and 8:00 a.m. on any weekday. -4- . , �'� % �� .� 5. St. Paul Legislative Code section 243.01 provides as follows: No premises licensed for the sale of both food and intoxicating liquor and/or none intoxicating malt liquor shall remain open for any business between the hours of 1 :00 a.m. and 5:00 a.m. and no person other than employees shall be permitted to enter or remain upon the premises unless the operator has obtained a special food license pursuant to chapter 421 . 6. The St. Paul C1ty Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50 and 340A.415. 7. The Licensee received timely and proper notice of the hearing. The City has complied with all procedural and substantive requirements of law and rule. 8. �►s a Licensee or an Applicant for a liquor license, Limelight, Inc. and Jescroc, Inc. d/b/a Everybody's must comply with the applicable laws, rules and regulations relating to sale of intoxicating liquors. 9. The City Inspector has the burden of proving the alleged violations contained in the Notice of Hearing by a preponderance of the evidence. Minn. Rules pt. 1400.7300, subp. 5 (1989> In Re the A�plication of C1�y of Whitebear, 311 Minn. 146, 247 N.W.2d 901 ; �. , In Re Kaldahl , 418 N.W.2d 532, 535 (Minn. App. 1988> . 10. The City Inspector has proved by a preponderance of the evidence that alcoholic beverages were displayed on the premises on March 13 and 14 after proper closing hours 1n violation of St. Paul Legislative Code section 409.07(c> . 11 . The City Inspector has failed to prove by a preponderance of ev9dence that alcoholic beverages were consumed on the premises on March 13 and 14 after proper closing hours. 12. The City Inspector has failed to prove by a preponderance of evidence that the Licensee permitted persons other than the employees to remain on the premises after 1 :00 a.m. on March 13, 1990. The City Inspector has proved by a preponderance of evidence that the Licensee permitted an unidentified police officer to remain on the premises after 1 :00 a.m. on March 14, in violation of section 243.01 of the St. Paul Legislative Code. 13. The above conclusions are arrived at for the reasons set forth in the Memorandum which follows and which is incorporated into these Conclusions. Based upon the foregoing Conclusions, the Administrative �aw Judge makes the follow9ng: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the St. Paul City Council suspend the license of Everybody' s for two days, or in the alternative, impose a civil -5- � - ��-/��5 z penalty in the amount of $500.00 for the violations as directed by section 409.26, St. Paul Legislative Code. Dated: May o2� , 1990. ! ��,� _ ALLEN E. GILES Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1 the St. Paul City Council is required to serve it final decision upon each party and the Administrative Law Judge by first class mail . Reported: Taped (tape nos. 8666, 8579, 8603, 8716> MEMORANDUM This is a proceeding under the Administrative Procedure Act-Minn. Stat. ch. 14 and sections 310.05 and 310.06 of the St. Paul Legislative Code to determine whether adverse actions should be taken against a license for alleged violations of applicable license law. The City Inspector asserts that the (1 > Licensee atlowed consumption and display of alcoholic beverages after hours on March 13 and 14, 1990 in violation of section 409.07(c> of the St. Paul Legislative Code; and (2> Licensee permitted persons other than employees to remain on the premises after 1 :00 a.m. in violation of section 243.01 of the St. Paul Legislative Code. The City Inspector argues that because of these violations the license should be disciplined and the pending application for transfer of licenses should be denled. The Licensee admits to the violations of the St. Paul Legislative Code on March 13 and 14 relating to the display of alcoholic beverages on the premises after hours and admits that on March 14 a police officer was not asked to leave the premises after closing in violation of section 243.01 . The Licensee denies that any after hours consumption of alcoholic beverages occurred on the premises and asserts that only employees were on the premises after closing hours on March 13. Licensee sought in thls proceeding to demonstrate that these occurrences were isolated and uneonnected and that they do not reflect the day to day management of Everybody' s lounge. After consideration of these arguments the Administrative Law Judge has concluded that the Licensee should be disciplined in accordance with the presumptive penalties contained in section 409.26 of the St. Paul Legislative Code. The City Inspector has presented no persuasive basis for not allowing the license transfer. Based upon the record of this proceeding and the law argued by the parties, the Administrative Law Judge does not believe an articulable basis for disallowing the transfer arises from the circumstances of this case. -6- . . � �� -i�v� Perm9tting Persons to Remain on the Premises After 1 :00 a.m. Section 243.01 of the St. Paul Legislative Code prohibits the Licensee from allowing persons other than employees to remain on the premises after 1 :00 a.m. On March 13, 1990 the only persons on the premises after 1 :00 a.m. were employees therefore, no violation of this section occurred on that date. On March 14, the Licensee admits that it violated this section when it did not demand that a police officer leave the bar as it had with respect to other customers. The Administrative Law Judge notes a conflict in testimony regarding the number of persons other than employees present in the bar on March 14. Mr. Craig Miller testified that only the police officer was present. Officer Burke testified that three other persons other than the unidentified poliee officer were also present. These persons were not identlfied and Officer Burke admits that the March 14 report of his investigation was influenced by the St. Paul Police Vice Unit personnel who were not present during Offlcer Burke' s investigation. Officer Burke also testified that there were several mixed drinks sitting on the bar during his investigation. However, pursuant to the St. Paul Vice Un1t direction Officer Burke did not confiscate the alleged mixed drinks sitting on the bar. The Administrative Law Judge places 1lttle reliance on the testimony of Officer Burke regarding his March 14 investigation at Everybody's lounge because he admitted that his report was incomplete and that he was influenced by persons from the Vice Unit who were not present at the bar. Even the City Inspector placed little reliance on Officer Burke' s report of his March 14 investigation. The report was not offered or received into evidence in this proceeding. Consumntion and Display of Alcoholic Beverages After Hours. Section 409.07(c) prohibits the consumption or display of alcoholic beverages on a licensed premises except during permitted hours of the day. Licensee has admitted to a display violation but denies that alcoholic beverages were consumed after hours on the premises on the dates in question. The evidence does not support a finding that alcoholic beverages were consumed dur9ng nonpermitted hours. The City Inspector offered testimony that the sub�ect drinks appeared "freshly poured" and contained ice cubes. The Licensee offered testimony that the drinks were left over from before the bar was closed. There was no testimony that any of the employees or the police officer smelled of liquor or appeared intoxicated. No person was observed consuming an alcoholic beverage. In view of the Licensee' s denials and the lack of other circumstantlal evidence in addition to the drinks appearing "freshly poured," the �►dministrative Law Judge has concluded that the City Inspector has failed to prove that alcoholic beverages were consumed after hours at Everybody' s lounge on the dates in question. A.E.G. -7- Page 1 of 3 . , LIMELIGHT INC. ,. ' 369 �edar Street 55101 ' ' ,' � dba EVERYBODY`S ° ID 2210315 c�'- ��.:�r- � � ; �n Sale Liquor - B trfr � 86000 3/31/8'9 . * !: . ' Sunday �n Sale Liquor - trfr 86000 3/31/89 . . ., _ . .. . _< . ; : ,. : : :� , � - *transferred from Eide Enterprises Inc. dba �edar �hip . C.F. 88-879 7/14/88 OVER � Limelight, Inc. DBA Everybody's ' On Sale Liquor (B) 86000 3-31-90 Sunday On Sale 86000 3-31-90 ,�- : NEW LICENSEE: Jescrco, Inc. dba Everybody's ID93010 On Sale Liquor(B) 86000 5-31-90* Sunday On Sale 86000 5-31-90* *Pro-rated f.or 2 months per Bob � ` ---- -------_ �- ----- .- -- LIQUOR CARD ��1 - �:` . Limelight Inc. ID 2210315 dba EVERYBODY' S ON SALE LIQUOR Marie �. Glidewell - President Alice H.S� Fung - Secretary/Treasurer . OFFICER CARD ,. . a.: , :, . ,, . . I hereby certify that this is a Cit� bf �t. PdU'I .YS, Limeiiqh� true and exact copy of the records InC. , u Jescrco Inc d/b/a of the License & Permit Division of EverybUay'S " ' , the City of St. Paul for Limelight, ��e'�w� �dL@: "}iy 9 j�Q Inc. DBA Everybody's at 369 Cedar �fL;/�S.�X�I'�h�� . � �'� Street. � ` ' � ::.�Ia :.. dalen, Office>Manager ' . �- � 9� - Date .': � . Y 1 TA _ ,,� __ .. . : •�:wr+�� ' ` : ' C/'/�'�/A�y��// ' . � 1 �% "'°..`'`�. !�Rf?iEL�� +a. J VF'.'ILC 1:At�� . �`' � •$� NOTHRY �'UBt_1C.— • M�NwESfJTp `��. fi�.�iS�Y CC;l1lNTY ��c•"' �,sy L`ommias;o�Fx pires Mer.21.1891 , , y�. . , � , . , a�----- � �d-�� , Page 2 of 3 ' ' v►�� w i�aoOO e ��d"---- ` ,...►-. p w o � � c�t�r � � y.At-� i� c�'�w �. 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R � � � �'� �� City. �f �t. F�u� .vs. Limeliqh� Inc. , « Jesca�c� Inc �!/b/a EvBryt�OUy's I s § 4os.oz - ' t;eartn� Gat�� 9, I99E1 � +� City's '�xiti�it � �� . . .: -�"�. . (11) No licensee shall receive any material for Sec. 409.02. Definitions. use in the licensed business from any per- As used in this chapter, the following terms son under the age of eighteen (18) years shall have the meanings ascribed to them in this without the written consent of the parent or guardian of such person, which shall be �ction: kept on�le by the licensee for at least one Club shall mean a corporation organized under year. the laws of the state for civic, fraternal, social or - (12) Any licensee shall be subject to reasonable business purposes or for intellectual improvement � inspection at reasonable times by proper or promotion of sports which has more than fifty city officials as in the case of other licensed (50) members and for more than a year owned, businesses. hired or leased a building or space in a building of such extent and character as may be suitable and (13) Licenses issued hereunder shall not be adequate for the reasonable and comfortable ac- transferable. commodation of its members, and whose affairs (Code 1956, § 341.06) and management are conducted by a board of directors, executive committee or other similar Sec. 408.06. Renewal, revocation and sus- body chosen by the members at a meeting held pension. for that purpose,none of whose members,officers, (a) Any person to whom an initial license has agents or employees are paid,directly or indirect- been issued hereunder may obtain renewal thereof ly, any compensation by way of profit froin the by filing an application with the inspector indi- distribution or sale of beverages to the members cating any changes in the material submitted with of the club or to its guests beyond the amount of the initial application. The inspector shall circu- such reasonable salary or wage as may be fixed ��, and voted each year by the directors or other � �� larize the apPl�ication to those officials who re- governing body. A club shall also, in order to be -� view initial a lications and the license shall be granted of course by the council unless, in its licensed, meet the provisions of Minnesota Stat- judgment, reports from city agencies or from the utes, Section 340A.404, subdivision 1(4), which public demand a formal hearing be held. No ini- requires that the organization shall have been in tial licenses shall be granted hereunder for other existence for at least three (3) years, and liquor premises except in I-1,I-2 and I-3 Industrial Districts. �es will be only to members and bona fide guests. The above term will include private clubs formerly • (b) The council may revoke, suspend or refuse licensed under Chapter 404 of this Code, so long to renew the license of any person hereunder for as they meet the above requirements upon appli- any violation of this or any other ordinance of the cation for an on-sale license. city,or of any statute or regulation of the State of Exclusive liquor store shall mean an establish- Minnesota or agency thereof. (Code 1956, § 341.07) ment used only for off sale and on sale sales of intoxicating liquor, except that, upon obtaining proper state or city licenses for such sales,cigars, Chapter 409.Intosicating Liquor* cigarettes, all forms of tobacco and nonintoxicat- ing malt beverages and soft drinks may also be Sec. 409.01. License required. sold in said exclusive liquor store at retail; pro- vided,further,that such nonintoxicating malt bev- No person shall sell intoxicating liquor for con- erages and soft drinks,when sold pursuant to an sumption at any time or place in Saint Paul with- off sale liquor license, shall be sold for consump- out a license. tion off the premises only. (Code 1956, § 308.02) General food store shall mean any place of busi- •Croas references—For general provisions pertaining to �ess carrying a stock of food supplies and primar- liquor and beer,see�Ytle XXIV;nonintoxicating malt liquor, Ch.410;use of beer and intoxicating liquor in drive-in motion ily engaged in selling food and grocery supplies to r"-� picture theatres prohibited,4 41s.os(b>. the public. r ��,.��;., Supp.No:9 2171 , i LEGISLATIyE CODE '"�� § 409.02 f ,4a`�3�`� .�.•� .. ... �� Hotel shall mean an establishment with resi- the serving of ineals for no fewer than fifty (50) dent proprietor or manager, where, for payment, guests at one time. food and lodging are regularly furnished to tran- sients, and which maintains,for use of its guests, Sale and sell shall mean and include all barters no fewer than fifty(50)guest rooms with bedding and all manner or means of furnishing intoxicat- and other suitable and necessary furnishings in ing liquor or liquors in violation or evasion of each room, and which has a main entrance with law. _ suitable lobby,desk and office for the registration (Code 1956, § 308.01; Ord.No. 17676, § 1,8-24-89) - of guests on the ground floor and which employs an adequate staff to provide suitable and usual �c. 409.03. Number of licenses. service, and which maintains, �under the same management and control as the rest of the estab- (a) On-sale licenses shall be issued only to ho- lishment and as an integral part thereof,a dining �ls, clubs, restaurants and establishments for the room with appropriate facilities for seating not sale of on-sale liquors exclusively. less than thirty(30)guests at one time,where the (b) Off-sale licenses shall be granted subject to general public is, in consideration of payment, the approval of the liquor control commissioner served with meals at tables. only to proprietors of exclusive liquor stores, and Intoxicating liquor or liquor shall mean and but one such license shall be issued for every�ve include ethyl alcohol, and any distilled, ferment- thousand(5,000)inhabitants in the city. ed, spiritous, vinous or malt liquid of any kind (Code 1956, § 308.06; Ord. No. 17172, 10-23-84; potable as a beverage, which contains an alco- Ord.No. 17570, § 1, 6-23-88) holic content in excess of three and two-tenths (3.2)percent thereof by weight or four(4)percent �c. 409.04. Exceptions. - ,� Y � �: �:� b volume. This chapter shall not be construed to prohibit ;��4,��.s: Medicines shall mean and include only such the sale of wine for sacramental purposes by any ��"'`v potable liquids as prescribed by licensed physi- person duly licensed by the state liquor control cians and dentists for therapeutic purposes and commissioner so to do; nor shall this chapter be United States Pharmacopoeia and National For- ��prohibit the sale of inedicines as herein mulary preparations and preparations used for defined;nor of industrial alcohol designed for me- the mitigation of disease for external and inter- chanical, chemical, scientific, pharmaceutical or nal purposes which are usually sold in drug stores industrial purposes; nor to compounds or prepa- and intended for therapeutic purposes and not for rations containing alcohol, if such compounds or beverage purposes. preparations are not potable as a beverage; nor Off-sale shall mean the sale of liquor in origi- shall it be construed to prohibit the sale of intoxi- nal packages in retail stores for consumption off cating liquor for medicinal purposes by a duly or away from the premises where sold. licensed and registered pharmacist or druggist ` upon bona fide prescription,in writing,by a phy- On-sale shall mean the sale of liquor by the sician or dentist. glass for consumption on the premises only. (Code 1956, § 30822) Package or original package shall mean and include any container or receptacle holding liquor, �c. 409.05. On- and off-sale licenses; term; which container or receptacle is corked or sealed. fees. Person shall include individuals, corporations, (a) Term. All licenses for the sale of intoxicat- partnerships and associations. ing liquor shall be for a term of one year from the Restaurant shall mean an establishment other date of issuance, renewal or transfer. The date than a hotel,under the control of a single propri- shall be determined by the inspector and entered etor or manager,having appropriate facilities for upon the license. :.,.�,:�� -.>.. . � �, Supp.No.9 � � � � �'�� 2172 ' ` �'d�/d5Z �� LICENSES § 409.06 •R%,r;�s=y 'y;�47 F (b) License fee� on-sal� semiannual installments riod or portion thereof which had elapsed after The license fee for an on sale license is hereby the expiration date of such license or semiannual �xed as follows: period, and the late fee shall not exceed fifty(50) (1) Seating capacity over 200 . . . . . $3,000.00 percent of the annual life. (2) Seating capacity over 100 . . . . . 2,750.00 �� Annual license fees for clubs and private clubs. The annual license fee for a club and a (3) Seating capacity 100 or less . . . . 2,500.00 private club shall be in conformity with Minne- - Said sum shall be paid in two (2)equal amounts, sota Statutes, Section 340.408, subdivision 2(b). the first to be paid before the license is issued or �Code 1956, § 308.17; Ord. No. 16842, 10-20-81; renewed, the second payment to be made within Ord.No. 17321, § 1, 12-31-85;Ord.No. 17328, § 1, six(6)months from the date of issuance or renewal. 1-23-86; Ord. No. 17424, §§ 1, 2, 1-6-87; Ord. No. 17676, § 2, 8-24-89) (c) On-sale licensg replacement after revocation. � If,for any reason,the on-sale license in this chap- Sec. 409.06. Licensing requirements. ter provided for is revoked by the council of the City of Saint Paul, no replacement license shall �a) Application. Any person desiring a license be issued until the full license fee for the new to sell intoxicating liquor shall make his verified license due for the remainder of the license year application in writing upon a form approved by is first paid; provided, however, that in no event the liquor control commissioner of the State of shall a licensee pay less than the applicable an- Minnesota and shall �le the same with the in- nual license fee together with the applicable is- spector. Such application form shall require that suance tax for a license, or combination of licen- the following information be set forth upon the .��'� ses, during a license year. application, and such further information as may �'`�.,;, be required: �� y,.,��., (d) Increase in on-sale license fe� notice to li- (1) The name and place of residence of the censees. The license inspector is hereby directed applicant. to notify in writing via U.S. mail all on-sale li- censees of the public hearing date for council con- (2) The location of the premises upon which sideration of any amendments to this section in- the applicant proposes to sell such liquor creasing the license fees. At said public hearing, and an exact description, including the pro- the department of finance and management ser- posed floor plan and seating capacity, of vices shall present evidence to the council showing the particular place within the building struc- the relationship between the proposed fee increase ture where such sales are proposed. and the costs borne by the city for liquor-related regulating and policing. (3) Whether the applicant has ever been en- gaged in a similar business and, if so, the (e) License fe� off-sale. The license fee for an location thereof and the date when so en- off-sale license is hereby fixed at the sum of one gaged. The application shall be signed and thousand dollars($1,000.00). verified by the applicant in person and, if (� Fees, transfers. Where a transfer of an on- the applicant is a corporation,by an officer sale or off-sale license is approved by the council, of the corporation. the fee to be charged shall be the prescribed an- (4) Whether applicant has ever used or been nual fee less a credit given for each month or known by a name other than his true name; portion of a month remaining of the original term. and if so, what was such name or names (g) Late fees. Notwithstanding the provisions of and information concerning dates and places Section 310.09, an applicant for renewal of an where used. on-sale liquor license shall be charged a late fee (5) Street addresses at which applicant and in an amount of ten (10) percent of the install- present spouse have lived during the pre- ��, ment due for such license for each thirty-day pe- ceding ten(10)years. �� • �;;,� Supp.No.9 , 2173 7 � $ 409.06 LEGISLATNE CODE ��t �' ��,��$�� j ,LL Y�1'.nh�,. #ti�`,�'+E,.al (6) Kind, name and location of every business c. The name of the manager or propri- or occupation applicant has been engaged etor or other agent in charge of the in during the preceding ten(10)years. premises to be licensed, the assistant (7) Names and addresses of applicant's employ- manager(s), the food manager(s), and ers and partners, if any, for the preceding the beverage manager(s), giving all the ten(10)years. information about said person(s) as is required of a single applicant in sub- _ (8) Whether applicant has ever been convicted paragraph(3)of this section. of any felony, crime or violation of any or- d. The application shall contain a list of dinance other than traff`ic. If so, the appli- all persons who,singly or together with cant shall furnish information as to time, any other person, own or con�rol an place and offense for which convictions were interest in said corporation or associa- had. The inspector and council shall not tion in excess of five(5)percent or who make use of any conviction or criminal record are officers of said corporation or asso- not available for lawful use under Minne- ciation, together with their addresses sota Statutes, Chapter 364. and all information as is required of a (9) Whether applicant has ever been engaged single applicant, except that applica- as an employee of or in operating a saloon, - tions for off-sale shall list all persons hotel,restaurant, cafe,tavern or other busi- Who own or control any interest in said ness of similar nature.If so,applicant shall corporation. furnish information as to the time, place (12) Reserved. - and length of time. (13) A copy of the Minnesota buyer's card or �� .:-�. (10) ff the applicant is a partnership,the names application therefor, and a copy of the fed- ,�.. ;� and addresses of all partners and all in- eral retail dealer tax stamp or application � r;� formation concerning each partner as is re- therefor, received or submitted by the � quired of a single applicant. A managing applicant. partner or partners shall be designated.The interest of each partner in the business shall (14) The amount of the investment that the ap- be disclosed.A true copy of the partnership plicant has in the business, building, prem- agreement shall be submitted with the ap- ises,fixtures,furniture,stock-in-trade,and plication; and if the partnership is required any other asset, and proof of the source of to file a cert�cate as to a trade name under such money. the provisions of Chapter 333, Minnesota (15) The names and addresses of all persons, Statutes, a copy of such certi�cate certified other than the applicant, who have any by the clerk of district court shall be at- financial interest in the business,buildings, tached to the application. premises, fixtures, furniture and stock-in- (11) If the applicant is a corporation or other trade; the nature of such interest, amount organization and is applying for an on-sale thereof, terms for payment or other reim- or off-sale license,the following: bursement. This shall include, but not be limited to, any lessees, mortgagees, mort- a. Name,and if incorporated,the state af gagors, lenders, lien holders, trustees, trus- incorporation. tors and persons who have cosigned notes b. A true copy of certi�cate of incorpora- or otherwise loaned, pledged or extended tion, articles of incorporation, or asso- security for any indebtedness of the applicant. ciation agreement and bylaws;and if a foreign corporation, a certificate of au- (16) Whether or not all real estate and personal thority as described in Chapter 303, property taxes for the premises to be licensed Minnesota Statutes. that are due and payable have been paid, F �-• � � Supp.No.9 • ��'• 2174 � � ��/05Z "` LICENSES § 409.06 �� i�s.- and if not paid,the years and amounts which Should the application for a license not be grant- are unpaid. ed, the resolution refusing the same shall autho- The applicant shall file with the inspector, with rize and direct the proper city officers to refund to his application,the amount of the license fee herein the applicant the deposit made at the time of the fuced for the particular license for which he makes �iling of the application. application. No new license shall be issued for any location _ (b) Investigation; issuance; etc. The license `'�'ithin a one-half-mile radius of which there al- inspector shall register the application in books ready are four (4) or more premises licensed for kept for that purpose,one for on-sale licenses and the sale and consumption of intoxicating liquor one for off-sale licenses. He or she shall notify on the premises; provided, however, that this re- immediately the director of the division of public striction shall not apply: health, the chief of police and the chief of the (1) If the proposed new location lies within a department of fire and safety services of the fact designated coxnmercial development district; that such application is filed. It is hereby made �2) To an on-sale wine or intoxicating malt the duty of the aforesaid director, the chief of liquor license issued under Section 409.15 police and the�re chief to inspect and examine or of this Code; or have inspected and examined the premises described in the application and inquire into the character (3) To a license issued to a club which at the of the applicant and make report to the inspector time of application for an on-sale license of their opinion,whether the applicant is a proper hereunder held a private club license under person to receive such a license and whether the Chapter 404 of the Code for the same prem- - premises are suitable for such a business. Upon ises now sought to be licensed under this receipt of the reports,the inspector shall examine chapter, and for so long as the on-sale li- �� them and transmit them to the city council, to- cense remains at that location and the li- gether with his or her recommendations respect- censed premises is neither enlarged nor ing the applicant or the place of business. Upon transferred. receipt of such reports and recommendations, the council shall consider the same and shall,by res- �c) License qualifications. No license shall be olution, grant or deny the application. issued to anyone other than a person twenty-one (21)years of age or older,of good moral character Where the application is for an off-sale liquor and repute, nor, consistent with and subject to license and the applicant is the holder of an on- Minnesota Statutes, Chapter 364, to any person sale nonintoxicating malt liquor license hereto- convicted of any federal, state or local crime or fore issued by the city council to sell such nonin- offense involving the manufacture, sale,distribu- toxicating malt liquor for consumption on the prem- tion or possession for sale or distribution of intox- ises,the council shall not grant such off-sale liquor icating liquor, or of any crime under Minnesota license until the applicant surrenders his license Statutes, Section 152.09, subdivisions 1(1), 1(3) to sell nonintoxicating malt liquor for consum�- and 2, or of any crime usable under Minnesota tion on the premises. ff an off-sale license is grant- Statutes, Chapter 364, which directly relates to ed, the resolution granting it shall direct the in- the occupation or business for which the license is spector to issue the license whenever the bond sought. hereinafter provided for has been approved and (c-1) Public hearing; notices. No new license for the liquor control commissioner advises the in- either on sale or off sale shall be issued until the spector that he approves of the issuance of the ��s �� designated to hear license ma� license to the particular applicant. ters shall have first held a public hearing on the If an on-sale license is granted, such resolution application. The notification requirements appli- shall direct the inspector to issue the same when- cable to license transfers or change in licensed ever the bond hereinafter provided for has been areas in Section 409.11 shall be applicable in the ��"�"" issuance of new licenses. .:��-�_�� approved. �;�� Supp.No.9 2174.1 I L § 409.06 LEGISLATNE CODE %�'��>,;; --:�:: . �•F,''� _ ' (d) One license only. Not more than one off-sale retailer's license shall be directly or indirectly issued to any one person or for any one place in this city, nor shall any retailer's off-sale license be directly or indirectly issued for any place for which a license of another class has been granted. It shall not be a violation of this paragraph for a - person who owns, directly or indirectly, or who has an interest in any intoxicating liquor license in this city additionally to own directly or indi- rectly or to have an interest in one or more corpo- rations owning or operating a hotel holding an into�ucating liquor license in connection therewith; provided, that such hotel shall have at least one hundred fifty(150)or more rental units. (e) Premises of license. No on-sale or off-sale license shall be effective beyond the compact and contiguous space named in such license and for which the same was granted, except that an on- sale license granted for sales in the dining room of any hotel may permit sales of liquor with meals __ in additional dining rooms open to the public and specified in the license if ineals aze regularly served _ to guests therein. If ineals are regularly served to -^ � guests in guest rooms in any such hotel, liquor - ,�`=�;�' may be sold in such guest rooms but only with � � meals; provided, that such guest rooms must be specified in the license granted. No sales shall be made upon the premises of an on-sale licensee except upon the ground floor; provided, however, that this limitation shall not apply to a hotel duly licensed to sell on another floor as in this section provided; and provided further, that a licensee shall be permitted to sell at a place in a building :5� ! <;..�•' Supp.No.9 ` ;%,;. - ��:_ . 2174.2 . . .. _ u_ �� 9�-��z LICENSES §409.06 ��.?v, .,,:�� .� ,,,��.>, other than the ground floor if a license has been (4) No outside service area shall be permitted granted for sales on a floor other than such ground unless the licensee provides, in addition to floor.All licenses granted hereunder shall set forth other requirements of law, safety barriers the exact location within the building structure or other enclosures to protect patrons from where such sales may be made and no sale shall any hazards, including vehicular traff'ic. be permitted except in that part of the premises (5) No outside service area shall be located on defined in the license, except as provided in the public property or upon any street, alley or , - following subsections(1)through(8): sidewalk,nor shall such outside service areas hinder or obstruct vehicular or pedestrian (1) The council may,by resolution,permit any traffic on any street, alley or sidewalk. licensee to sell or serve intoxicating liquors in areas outside the building structure which (6) The council may deny any application for are immediately adjacent to and contigu- an outside service area where it has reason ous with the structure containing the li- to believe,or may revoke its permission for . censed premises. Such outside service areas such an outside service area where it is shall be seasonal, and shall not involve an satisfied, that the impact of such outside enlargement of the building structure. Such service area on adjoining property will be, permission shall not be granted unless all or has been, any of the following: the conditions of subsections(1)through(8) a. Loud, boisterous or disturbing noise and all pertinent provisions of the zoning levels; code are satisfied. b. HaZardous traff"ic conditions; c. Offensive,obnoxious or disturbing odors; - (2) No outside service area shall be permitted d. Excessive litter; '_ ' unless the licensee presents with his appli- e. Excessive artificial li htin .�` "; g g� :;�,.��"�.�.,-�,--�; cation for such outside service area a state- f. Substantial decrease in adjoining prop- ��'� ment in writing by ninety (90) percent of erty values; or the owners and tenants of all private resi- g. Any other condition inconsistent with dences, dwellings and apartment houses lo- the reasonable use and enjoyment of cated within two hundred (200) feet of the adjoining pmperty and inconsistent with proposed outside service area that they have the health, safety, morals and general no objection to such service area. Measure- welfare of the adjoining neighbors or ments shall be determined from the prop- community. erty line of the licensed premises to the property line of the residential uses; pro- �7� Permission to sell and serve intoxicating vided,however,that where the licensed prem- liquor in or upon any outside service area ises is located within a shopping mall or may be revoked by the council on three(3) shopping center the measurements shall days' notice to the licensee, pursuant to be determined from the nearest corner of information received at a public hearing the building in which the licensed prem- before said council. The information need ises is located to the property line of the not be received under oath, but must rea- residential uses. sonably satisfy the council as to the exis- tence of any or all of the conditions listed (3) Notwithstanding any other provision of law, �subparagraph(6).The public hearing shall off-street parking spaces may not be reduced be conducted with such formal or informal by the establishment of an outside service procedures as the council may permit, so � area below the number of off-street park- long as the licensee and any complaining ing spaces which would be required if the Parties have an opportunity to be heard. licensed premises together with the outside (8) The licensee shall,with respect to any out- ,,� J service area were to be newly constructed side service area, comply with all applica- ��`�'�� :H in conformity with the zoning code. ble provisions of law and regulations in ��;-::-�q :��;_<:�-, 2175 . , g�,��z §409.06 LEGISLATNE CODE A '+ ''A A ...1• �f�z �;y regard to the sale and service of intoxicat- (1) That the licensee will obey the law relat- � ing liquor, including, without limitation by ing to such licensed business. reason of this specification, all applicable regulations contained in Sections 409.08 �2) That the licensee will pay to the munici- and 409.09 of this chapter. pality, when due, all taxes, license fees, penalties and other chazges provided by (fl Zoning restrictions. No license shall be is- law. sued for premises located within an area wherein _ such use of the premises is prohibited by the zon- (3) That in the event of any violation of the ing code,nor within an area where such sales are provisions of any law relating to the busi- forbidden by the state law or any other ordinance ness for which the license has been granted of the city. for the sale of intoxicating liquor,such bond shall be forfeited to the City of Saint Paul. (g) -License restrictions. No off-sale license shall be issued for any place where nonintoxicating (4) That the licensee will pay, to the extent of ' malt beverages shall be sold for consumption on the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- (h) Other required permi� No license granted sulting from the violation of any provision hereunder shall be effective until a permit shall of law relating to the business for which be issued to such licensee by the United States if such licensee has been granted a license, any such permit is, in fact, required. and further conditioned that such recovery may be had also against the surety on his (i) State restrictions. No license shall be issued bond. - to any person in connection with the premises of another to whom no license could be issued under The amount specified in any bond required is �..;� the rovisions of the state li uor control act• ro- hereby declared to be a penalty and the amount ` _ � ; „ ��a a, however, that this provision shall not pre- recoverable shall be measured by the actual dam- �s �� vent the granting of a license to a proper lessee ages; provided, however, that the surety thereon r�'� by reason of the fact that he shall lease premises shall not be liable for any amount in excess of the of a minor, noncitizen or a person who has been penal amount of the bond.All such bonds shall be convicted of a crime other than a violation of this for the benefit of the obligee and of all persons chapter or the liquor control act. suffering damages by reason of the breach of con- ditions thereof. Such bonds shall run to the City ' (j) Bond No on-sale license shall be granted of Saint Paul as obligee, and in the event of for- until a bond in the amount of three thousand feiture of any such bond for violation of the law, dollars ($3,000.00) has been furnished, approved the District Court of Ramsey County may forfeit and filed by and with the proper city off"icers. the penal sum of the said bond to the City of No off-sale license shall be granted until a bond Saint Paul. in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the state li- �� Renewals: quor control commissioner .and the city council, (1) An on-sale license renewal may be denied and filed with the proper city off'icers. for any licensee who is delinquent in any The surety on such bond shall be a surety com- Payment or contribution to a health and pany duly licensed to do business in the State of welfare trust or pension trust. Minnesota, and the bond shall be approved as to (2) If on or before the expiration date of the form by the city attorney. All bonds when ap- license the licensed business has discontinued proved by the proper city or state officers, as the its operation or closed for any reason, the case may be, shall be deposited with the director council shall renew said license only upon of the department of finance and management the condition that the licensee shall reopen services. All such bonds, whether off-sale or on- and restore the licensed business to full sale, shall be conditioned as follows: operation within the terms of the renewed 4 '��° �� ` p i! � �! 2176 ��=% __i .�'��2 , � � �*=4�r.�• LICENSES § 409.06 �� :`,,��;a;.k,� �r.:--�.;,,� v�-��:i��1' �•d_': license, or in the alternative, that the li- school or synagogue of a proposed license is censee shall make application for and ob- concerned. tain passage,approval and publication of a (m) Unlaw ful use of weapons. If during any resolution for the transfer of said license twelve-month period there are reported two(2)or within the term of the renewed license to more incidents involving unlawful use or handling another person. No license issued upon con- of firearms,assault weapons or knives,as defined dition pursuant to this subsection shall be in Section 225.01,on any licensed on-sale premis- _ further renewed unless one or the other of es, a public hearing shall be conducted by the the above conditions has been fully met; council.Any adverse action may be considered by provided, however, that the council may the council pursuant to the hearing provisions of reissue a license for a business which has Section 310.05. not been in full operation during the prior license year if the licensed premises were (n) Prolxibited interests. A holder of a license as acquired by eminent domain or under the a manufacturer, brewer or wholesaler may not threat of eminent domain and the licensee have any interest or ownership, in whole or in has made a good faith attempt to relocate part in a business holding a retail intoxicating the business to another location. liquor license or in the license so held, but a (3) Any license which is not renewed pursuant �an�acturer or wholesaler of intoxicating or non- to this paragraph (k) or for any other rea- �t°x�cating liquor may use or have property rented son lapses and may be reissued pursuant to for retail intoxicating liquor sales if the manufac- Section 409.16. turer or wholesaler has owned the property con- tinuously since November 1, 1933. For the pur- (1) License near church or schoob No license, poses of this paragraph,the term "interest": ="'`��i except an on-sale wine or intoxicating malt liquor `-rs,�'°w:�-� (1) Includes any pecuniary interest in the own- �'''=�,�1'�w license issued to a restaurant as defined in Sec- `�::s.�yf, ership, operation, management or profits '-'� tion 409.15, shall be issued for any premises lo- of a retail liquor establishment, and a per- cated within three hundred (300) feet from any son who receives money from time to time public or parochial school, church or synagogue, directly or indirectly from a licensee,in the said three hundred(300)feet being calculated and absence of consideration and excluding gifts computed as the distance measured from the prop- or donations, has a pecuniary interest in erty line of the premises or building proposed as the retail license; and the location for the liquor license to the property line of any school, church or synagogue in the (2) Does not include loans, rental agreements; area for which the license is sought. open accounts or other obligations held with Any licenses in force and effect on November or without security arising out of the ordi- 10, 1962, the location of which license is in con- nary and regular course of business of sell- flict with the provisions hereof, may be renewed, ing or leasing merchandise, fixtures, sup- transferred or otherwise dealt with in accordance plies to the establishment; an interest in a with law, it being the intent of this paragraph corporation owning or operating a hotel but that it be applied prospectively for proposed loca- having at least one hundred fifty (150) or tions of licenses,and further it being the intent of more rental units holding a liquor license this paragraph that the limitations set forth in in conjunction therewith; or ten (10) per- this paragraph shall in no manner be applicable cent or less interest in any other corpora- to any hotel or motel.Upon written petition signed tion holding a license; and on behalf of the school, church or synagogue lo- (3) In determining whether an "interest" ex- cated within three hundred (300) feet of the pro- ists, the transaction must have been bona posed location of the license,the council may by a fide and the reasonable value of the goods five-sevenths vote disregard the provisions of this and things received as consideration for a =`�'";;:� paragraph insofar as lceation adjacent to a church, payment by the licensee and all other facts � ', �p �y � ____ �w � � Supp.No.10 2177 � � 9d-/a sz § 409.06 LEGISLATIVE CODE `�' F;,.�=�,. n.;�•r.-�_ � - :.Y� . �:d�::."t`i" reasonably tending to prove or disprove the ses have been issued or hereafter may be existence of a purposeful scheme or arrange- issued for the sale of intoxicating liquors ment to evade the restrictions of this para- which are hotels or restaurants and which graph must be considered. have facilities for serving no fewer than fifty (o) Nonconforming clubs; transition. The restric- (50) guests at one time may serve intoxi- cating liquors between the hours of 10:00 tions and requirements in sections 409.06(f�, a.m. on Sundays and 1:00 a.m. on Monday - 409.06(1), and 409.08(11)of this chapter shall not . apply to licenses issued to a club under this chap- in conjunction with the serving of food,but ter which at the time of application for an on-sale no liquor shall be served on Sundays other license held a private club license under Chapter than to persons who are seated at tables; 404 of this Code for the same premises for which provided, that the licensed establishment a license hereunder is sought or will be issued,for is in conformance with the Minnesota Clean so long as the on-sale license remains at that Indoor Air Act. location and the licensed premises is neither en- (2) It is unlawful for any such establishment, larged nor transferred. Such licensed premises directly or indirectly,to sell or serve intox- will be deemed a lawful nonconforming use under icating liquors as provided in subparagraph the zoning code. (1) above without having first obtained a (Code 1956, §§ 308.03, 308.05, 308.07-308.11, special license therefor. Such special license 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. may be issued by the council for a period of 17172, 10-23-84; Ord. No. 17173, 10-23-84; Ord. one year and for which the fee shall be two No. 17177, 10-23-84; Ord. No. 17229, § 1,4-18-85; hundred dollars ($200.00). Application for __ Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, said special license shall be made to the 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. council in the same manner as application >:;�;� 17328, § 2, 1-23-86; Ord. No. 17551, § 4, 4-19-88; for other licenses to sell intoxicating liquor `'��y � Ord. No. 17562, § 1, 5-17-88; Ord. No. 17563, § 1, `°�'�� are made. W�`'�-"" 5-17-88; Ord. No. 17631, § 1, 2-7-89; Ord. No. �" 17657, § 1, 6-8-89; Ord. No. 17676, § 5, 8-24-89) (c) No consumption or display when prohibited G�oss reference-Licensing requirements for establishments No person shall consume or display or allow con- seiling nonintoxicating malt liquors,§410.03. sumption or display of liquor upon the premises Sec. 409.07. Hours of sale; Sunday sales,etc. of an on-sale licensee at any time when the sale of such liquor is not permitted. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until (d) Private Christmas parties. Notwithstanding 8:00 a.m. on Monday. No on-sale shall be made any other provision of the Legislative Code, the between the hours of 1:00 a.m. and 8:00 a.m. on license holder of premises having an on-sale li- any weekday. No off-sale shall be made before cense may once a year during the Christmas sea- 8:00 a.m. or after 8:00 p.m. of any day except son have a private party at no charge to the guests off-sale shall be permitted on Friday and Satur- after the lawful closing hours; provided, that a day until 10:00 p.m. No off-sale shall be made on written request for said party is submitted to the New Year's Day, January 1; Independence Day, license inspector thirty(30)days prior to the pro- July 4; Thanksgiving Day; or Christmas Day, De- posed date of the party; and provided further, cember 25; but on the evenings preceding such that no sales as defined by law of intoxicating days,if the sale of liquors is not otherwise prohib- liquors or nonintoxicating malt liquor shall be ited on such evenings, off-sale may be made until made at or during said party.The inspector shall 10:00 p.m., except that no off-sale shall be made notify the chief of police of the date of each pro- on December 24 after 8:00 p.m. posed party. (b) Sunday sales: (Code 1956,§30820;Ord.No.16815,7-23-81;Ord. No. 17037, 6-30-83; Ord. No. 17162, 9-27-84; Ord. (1) Notwithstanding the provisions of paragraph No. 17693, § 2, 11-7-89) ,.��:�,z (b), establishments to which on-sale licen- "�.��=�`-:''� Y:..r,,r..-� ��::=:_��_ Supp.No.10 ��,,a 2178 , , �'-/�sz �� d LICENSES § 409.08 �" ys;�q`!`e' . _��i; c�:.:s.. Sec. 409.08. R.egulations generally. � All licensees hereunder are hereby required to observe the following regulations; provided, how- ever that any such regulation which specifically refers to an on-sale licensee shall not bind an off-sale licensee, nor shall any regulation which specifically refers to an off-sale licensee bind an _ on-sale licensee: (1) All sales shall be made in full view of the public. � �A ��{�� ;�' ,;.;� • . ,._� ��; Supp.No.9 2178.1 ' ' 9�-/a5 Z ��:�� , � 1 x'.,,� . :1.��! ..�� t'' __ '�.T',' '::y�' �!�:�� \� ;-.� " � r �'!6'`! �S"'� � LICENSES §409.08 R:�� :�� (2) A "minor," as used herein, is any person waiters or waitresses at a restaurant,hotel under the age of twenty-one(21)years. or motel where only wine is sold; provided, a. No licensee,or agent or employee thereof, that the person under the age of eighteen shall serve or dispense upon the licensed (18)may not serve or sell any wine. premises any intoxicating liquor to any (5) Every licensee is hereby made responsible minor; nor shall such licensee, agent for the conduct of his place of business and _ or employee permit any minor to be required to maintain order and sobriety in - furnished with or to consume any such such place of business. liquor on the licensed premises; nor shall such licensee, agent or employee �6) No licensee shall keep, possess or operate, permit any minor to be delivered any or permit the keeping,possession or opera- such liquor. tion of, on any licensed premises or in any b. No minor shall misrepresent his or her room adjoining the licensed premises an� age for the purpose of obtaining intox- slot machine, dice or any gambling device icating liquor nor shall he or she enter or apparatus, nor permit any gambling any premises licensed for the retail sale therein(whether or not licensed by the state), of intoxicating liquor for the purpose nor permit the licensed premises or any of purchasing or having served or de- room in the same or in any adjoining build- livered to him or her for consumption ing directly or indirectly under his controi of any such intoxicating liquor or beer to be used as a resort for prostitutes or nor shall any such person purchase, other disorderly persons, except that pul]- attempt to purchase,consume,or have tabs and tip-boards may be sold on licensed �� another person purchase for him or her premises when such activity is licensed by :�� the state ursuant to Minnesota Statutes, ti,�:.�,y, any intoxicating liquor or beer. p `��`� c. No minor shall induce any person to Chapter 349, and conducted pursuanC to purchase, procure or obtain intoxicat- regulations contained in this Legislative ing liquor for him or her. Code. This exception shall not apply to es- d. Proof of age for purposes of consuming, tablishments licensed by the city for the purchasing or possessing an alcoholic sule of nonintoxicating malt beverages,non- beverage, the consumption, sale or pos- intoxicating inalt beverages and wine, and session of which is regulated by age, nonintoxicating malt Ueverages and wine may only be established by a valid as menu items only. driver's license or a Minnesota Identi- Notwithstanding other provisions of this fication Card issued pursuant to Min- Legislative Code to the contrary,the coun- nesota Statutes, Section 171.07, or, in cil may permit an on-sale licensee to per- the case of a foreign national, by a mit the holding of a single event,such as a valid passport. banquet, that includes the sale of raffle tickets as a part of the event activity; pro- (3) No sale shall be made in any place or in vided, that such events are separate from part of a building where such sales are the public areas of the licensed establish- prohibited by state law or this chapter. ment, nor open to the general public, and (4) No person under eighteen(18)years of age the raffle conducted by a charitable orga- may be employed in a place where intoxi- nization licensed by the State of Minnesota. cating liquor is sold for consumption on the (7) No dancing wherein the public participates, premises,except persons under eighteen(181 and no dancing, singing or other vaudevillc years of age may be employed as musicians exhibitions or entertainment shall be per- or in bussing or washing dishes in a res- mitted on the premises of any on-sale li- ,�,.- _ taurant or hotel th�t is licensed to sell in- censee unless such premises are duly licensed � "�� toxicating liquor and may be employed as for entertainment. �'k'��.+.H rw.C.E`F`� �Fti4w�v Supp.No.8 2179 -- , � t , 9� -/v�z §409.08 LEGISLATNE CODE �� -�. ,:r-� . �.��.. �� ,.'";� (S) The license issued to said licensee shall be tional ot�street parking shall be required posted in a conspicuous place in that por- if the number of additional spaces re- tion of the premises for which the license quired is five(5)or fewer spaces. has been issued. c. Expansion of licensed area, off-streeL (9) No person shall remain in or loiter in the parking at the same rate as transfer or parking lot of an on-sale licensee after the new issuance to an existing structure _ lawful closing hour. not previously licensed for on-sale pur- - poses, plus twenty-five (25) percent of (10) When a licensee is notified by the police any parking shortfall for the existing department that a parade will be held within licensed area. "Parking shortfall" shall one block of.the licensee's establishment, mean the difference between one space all beer and all intoxicating liquor or liq- for each forty-five (45) square feet of uid of any type sold during the entire day patron floor area for the existing licensed of said parade shall be sold only in plastic area minus the number of parking spaces or paper containers. In addition, upon re- actually provided for that area. ceiving such.notice,the licensee shall place d. "patron area" shall mean to include a person at each entrance and each exit of all areas used by the public, and ex- the establishment at least one hour prior cludes all areas used exclusively by em- to the time oP parade, and the licensee shall ployees for work,storage or office space. require a person to remain at those loca- e. Mod�cation of parking requirements: tions until one hour after the parade, to 1. The council may modify the off- _ ensure that patrons do not enter or exit street parking requirements con- with beer or intoxicating liquor. tained in this section upon appli- ;;�=:�� cation made for that purpose and !�3w��=�`' (11) There shall be provided in al] zoning dis- `�-""r'�-��y upon findings made by the council '�=�=�' tricts, other than B-4 or B-5 Districts, off- that granting of such modification street parking spaces for all on-salc prem- would not have a substantial det- ises as provided herein: rimental impact on the surround- a. Transfer or new issuance to a struc- ing neighborhood. Modification, if ture newly constructed for that purpose, granted, shall be by resolution off-street parking at the rate of one adopted by at least �ve (5) �r- space for each forty-five(45)square feet mative votes. of patron area. 2. The council shall consider the ap- b. Transfer or new issuance to an exist- plication at a public hearing fol- ing structure not previously licensed lowing maiied notice thereof to prop- for on-sale purposes during the twenty- erty owners within thr�e hundred four (24) months preceding the appli- fifty (350) feet of the proposed li- cation, off-street parking at the ra1;e of censed premises. The council may one space for each forty-five (45)square require,by resolution,the payment feet of licensed patron area minus the of an administrative processing fee number of off-street parkin� spaces for parking modification applica- which would be required for the previ- tions. Applications and fees shall ous use of the same area under the be made to the license inspector. existing zoning code provisions. �xist- 3. In granting any modification, the ing parking which previously served council may attach reasonable con- the same area shall not be couni:ed to ditions regarding the location, de- meet the requirements unless any are sign, character and other features in excess of what would have been re- of the licensed structure and park- EyF .J 3 quire for the previous use. No addi- ing area deemed necessary for the -'� � Supp.No.8 �� "� � r�' 2180 � r gdJ/asz LICENSES $ 409.09 ��'� protection of the adjacent neigh- to prevent persons from leaving the licensed borhood. premises with a bottle, can or glass con- 4. Ol�=street modifications shall remain taining any alcoholic beverage, and the fail- with licensed premises so long as ure to do so may subject such licensee to the characteristics of the licensed adverse action against his or her license. establishment remain unaltered. In the event parking problems arise, (17) No club shall sell any alcoholic beverage to the council may consider taking any person not a member or a bona fide adverse action pursuant to the pro- �est of a member. cedures set forth in Chapter 310 of (Code 1956, § 308.23(1)—(10); Ord. No. 17015, this Code.Such adverse action may 4-28-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, include requiring the licensee to 10-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. do one or more of the following: 17368, § 1, 6-24-86; Ord. No. 17436, § 1, 2-24-87; (i) Provide more off-street parking; Ord.No. 17460, § 1,5-28-87;Ord.No. 17473, §§ 1, (ii) Produce the usable floor space; 2,7-7-87;Ord.No. 17657, §§ 8,2,6-8-89; Ord.No. (iii) Reduce patron capacity (seat- 17676, § 3, 8-24-89) ing or bar area). ��. �.�. ��conduct prohibited. (12) When an existing building is converted to The following acts or conduct on licensed prem- on-sale intoxicating liquor purposes, exist- ises are unlawful and shall be punished as pro- ing off-street parking facilities which serve vided by Section 1.05 of the Saint Paul Legisla- the building shall be provided with a vi- tive Code: sual screen where the parking facility ad- – joins or abuts across an alley any residen- (1) To employ or use any person in the sale or fi�' tial use or residential zoning district. The service of alcoholic beverages in or upon ;�:.:�--:�;n �•- � �'��>;, screen shall be between four and one-half the licensed premises while such person is �� (4'/z)and six and one-half(6'/z)feet in height unclothed or in such attire,costume or cloth- and of sufficient density to visually sepa- ing as to expose to view any portion of the rate the parking facility from the adjacent female breast below the top of the areola or residential use district.The screen may con- of any portion of the pubic hair, anus, cleft sist of various fence materials, earth berms, of the buttocks,vulva or genitals. plant materials or a combination thereof. Access by patrons to the parking facility from an adjacent alley should generally be prohibited. (13) No person shall give, sell, procure or pur- chase intoxicating liquor to or for any per- son to whom the sale of intoxicating liquor is forbidden by law. (14) No person shall mix or prepare intoxicat- ing liquor for consumption, or consume it, in any public place not licensed in accord- ance with this Code and the State of Min- nesota. (15) No intoxicating liquor shall be sold or con- sumed on a public highway or in an auto- mobile. (16) Each on-sale licensee shall have the responsi- �"`�� blity of taking reasonable and adequate steps ::t; .:t,."� _ ��:�,}'�.,_'`� Supp.No.9 �� ' 2180.1 , . �v -/as� �� yy ��:� � �.. F;w,�)' ��r-yT' :��i�f'y, �'yae' .}�,'� F:;3��i.�st'.-��l.�:a �'�� ^+r F`��,R�� !D'/�J Z � ws4� LICENSES $409.10 :%�t,:,Fzc:i', v;;�%"::x"� ��=s=;;;.r�,' vss- (2) To employ or use the services of any host- d. Scenes wherein artificial devices or in- ess while such hostess is unclothed or in animate objects are employed to depict, such attire,costume or clothing as described or.drawings are employed to portray, in subparagraph(1)above. any of the prohibited activities described . above. (3) To encourage or permit any person on the (Code 1956, § 308.23(11) licensed premises to touch,caress or fondle - the breasts, buttocks, anus or genitals of Sec. 409.10. Restrictions on licenses. ' any other person. When a reasonable basis is found by the coun- (4) To permit any employee or person to wear cil to impose reasonable restrictions upon a li- or use any device or covering exposed to cense held under this chapter, the council, upon view which simulates the breast, genitals, issuing a new license or renewing a license or anus, pubic hair or any portion thereof. approving a transfer of a license, may impose reasonable conditions and restrictions pertaining (5) To permit any person to perform acts of or to the manner and circumstances in which the acts which simulate: business shall be conducted to preserve the public peace and protect and promote good order and a. With or upon another person sexual security. These reasonable conditions or restric- intercourse, sodomy, oral copulation, tions may pertain to: flagellation or any sexual act which is �1) A limitation as to the hours when intoxi- prohibited by law. cating liquor may be sold and/or consumed _ b. Masturbation or bestiality. F•�;>, c. With or upon another person the touch- on the licensed premises; �°��: ��;y to�ks, anus, gen tals orlfem le b e st. (2) ocamo atWO�han a bu ld ng where i tox cat d. The displaying of the pubic hair, anus, ing liquor will be served and/or sold and/or wlva, genitals or female breast below consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use artificial devi- of ingress to or egress from the licensed ces or inanimate objects to depict any of establishment; the prohibited activities described above. (4) A requirement that certain off-street park- ing facilities be provided; (7) To permit any person to remain in or upon the licensed premises who exposes to pub- (5) A condition that the license will be in ef- lic view any portion of his or her genitals fect only so long as the establishment re- or anus. mains a drugstore, restaurant or hotel as � defined by the state liquor act or regula- (8) To permit the showing of film,still pictures, tions adopted pursuant thereto; electronic reproduction or other visual re- (6) A limitation and restriction as to the means productions depicting: and methods of advertising the sale of in- a. Acts or simulated acts of sexual inter- toxicating liquor on the building and/or on course, masturbation, sodomy,bestial- the premises adjacent thereto; ity,oral copulation,flagellation or any (7) Reasonable conditions limiting the opera- - sexual act which is prohibited by law. tion of the licensed premises so as to en- b. Any person being touched, caressed or sure that the licensed business will com- fondled on the breast, buttocks, anus port with the character of the district in or genitals. which it is located and/or to the end that ��`�; c. Scenes wherein a person displays the nuisances will be prevented. �� :-��.-�, _.;.�� vulva or the anus or the genitals. (Code 1956, § 308.11(b)) Supp.No.4 . 2181 , , �o-l�� z §409.11 LEGISLATNE CODE `�'�" €(r "5-e. � . t-:�� xi�i Sec. 409.11. Transfer of license; change in ser- management services. Prior to the city council's vice area. consideration of said application, the application (a) No license granted hereunder shall be trans- shall be read by the city clerk at the next regular ferable from person to person or from place to meeting of the city council. place (including changes in licensed areas) with- The council's committee designated to hear li- out the consent of the city council, which consent cense matters shall then schedule a date for pub- _ shall be evidenced by resolution passed by the lic hearing upon said application for transfer or - city council. No license granted for a specified change in licensed area. At least forty-five (45) part of any particular premises shall permit sales days before a public hearing on a transfer or change of such liquor on a part of such premises not in licensed area, the department shall notify by specified in the license; provided, however, that mail all owners and occupants who own property the council may,by resolution, grant the right to or reside within three hundred fifty (350) feet of use such other portions of the premises for such the establishment to which the license is to be sales. transferred or area changed, and all community The transfer of stock in any corporate license organizations that have previously registered with said department to be notified of any such appli- shall be deemed a transfer within the meaning of cation, of the time, place and the purpose of such this section, and no such transfer of stock shall be hearing, said three hundred�fty (350)feet being made without the consent of the city council. calculated and computed as the distance measured It is hereby made the duty of the officers of any in a straight line from the property line of the corporation holding a license issued under the building where intoxicating liquor is sold, con- _ authority of this chapter to notify the city council sumed or kept for sale to the property line owned, of any proposed sale or transfer of any stock in leased or under the control of the resident. Prior %-:�"'=i:'� �;� such corporation, and no such sale or transfer of to the hearing date,said department shall submit � ; ,a stock shall be effective without the consent of the to the council's committee designated to hear li- �==�=3' council given in the manner above set forth. The cense matters a list of the names and addresses transfer of any stock without the knowledge and of each person or organization to whom notice consent of the city council shall be deemed suffi- was sent, and certification of such list by the cient cause for revocation by the council of any department shall be conclusive evidence of such license granted to such corporation under the au- notice. A transfer or change in licensed area under thority of this chapter. this section only becomes effective upon compli- ance with this section and consent of the council Such corporate officers shall also notify the city by resolution.The failure to give mailed notice to council whenever any change is made in the offi- owners or occupants residing within three hun- cers of any such corporation, and the failure to so dred fifty (350) feet, or to community organiza- notify the council shall likewise be sufficient cause tions,or defects in the notice,shall not invalidate ;or revocation of any liquor license granted to the transfer provided a bona�de attempt to com- such corporation. ply with this section has been made. A bona fide Notwithstanding the provisions of this section, attempt is evidenced by a notice addressed to publicly owned corporations whose stock is traded "owner" and to "occupant" of the listed address. in the open market may comply with the require- Only one notice need be mailed to each house or ments pertaining to stock ownership and stock each rental unit within a multiple-family dwell- transfer by furnishing the council with the names ing regardless of the number of occupants. and addresses of all stockholders of record upon The notification requirements of this section each renewal of the license. shall not be applicable where the license is to be An application for the transfer of such a license transferred to a place located within the down- �hall be made by the ?ransferee upon forms fur- town business district. For purposes of this sec- 7ished by the division of license and permit ad- tion, downtown business district shall include all ;�L a�: �� -ninistration of the department of finance and that portion of the City of Saint Paul lying within ��,x��,._,_; �;:�.........�, Supp.No.4 � Y�"f 2182 v � � / v�� , , � LICENSES §409.12 �w� �;{;;y?.",f,: ��"�. .z' �.�:�..- and bounded by the following streets: Beginning from place to place into a liquor patrol limit sub- at the intersection of Shepard Road with Chest- J� to all the restrictions and requirements of nut Street, Chestnut Street to Pleasant Avenue, Section 17.07.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg Street (d) Notwithstanding the foregoing, no licensee to Siurunit Avenue,Summit Avenue to Tenth Street, shall be allowed to change the location of the Tenth Street to Interstate Freeway 94, Interstate licensed premises for on-sale intoxicating liquor Freeway 94 to Lafayette Bridge, Lafayette Bridge (place to place transfer) to any location within a - to where the bridge crosses over Warner Road, one-half-mile radius of which there already are �Varner Road to Shepard Road, Shepard Road to four(4)or more premises licensed for the sale and Chestnut Street. consumption of intoxicating liquor on the prem- ises, unless his or her previous location is within (b) Notwithstanding any other provision in the one-half mile of the new location and the previous Saint Paul Legislative Code, no on-sale license location was acquired or condemned by a body shall be transferaQle from person to person; pro- having the power of eminent domain, or the pre- vided, however, that until December 31, 1989, vious location was destroyed or made unusable by such license may be transferred from person to fre or natural disaster, or the lease for the previ- person if the following requirements are met: ous location expired and the landlord was unwill- (1) The consideration for the transfer, whether ing to renew it. This paragraph does not apply if expressed as payment for the license or for the proposed new location lies �vithin a designated the transferor's consent to the transfpr,shall commercial development district. not exceed the license redemption value (e) A license issued under this chapter is a privi- — y..,� under Section 409.19 at the time the trans- lege accorded to the licensee to engage in all the �"'�`�='::�. fer is approved; lawful activities permitted thereunder and is nei- '�.ra� �, �'��s ;� ther'property nor a property right. Such license `"`�-�' (2) The transferee may operate said on-sale may not be leased, assigned, pledged, mortgaged license for the twenty-four-month period next or liened. An agreement providing for manage- following the approval of the transfer only �ent of the licensed business or premises(or any in a commercial development district as . p�thereofl shall be reduced to writing,executed defined in Section 17.07 of the City Char- by the parties thereto and filed within ten (10) ter; and days after its execution in the office of the inspec- (3) The on-sale licensed business of the trans- tor. Failure to reduce a management agreement feror has for the six (6) months preceding to writing, and failure to file the same with the approval of the transfer discontinued its inspector as required above, shall each constitute separate grounds for adverse action. The licensee operation or closed for any reason. notwithstanding a management agreement remains From and after January 1, 1990, no on-sale li- fully responsible for the licensed business and/or cense shall be transferable from person to person. premises,as well as the conduct of all employees, managers and agents in accordance with Sections (c) Notwithstanding any other provision in the 310.17 and 409.14 of the Code. Saint Paul Legislative code, an on-sale license (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; may be transferable from place to place within �'d.No. 17173,10-23-84;Ord.No. 17177,10-23-84; one liquor patrol limit as defined in Section 17.07 �'d.No. 17551, § 5,4-19-88;Ord.No. 17657, § 16, of the City Charter, and from such liquor patrol 6-8-89) limit to any location in a commercial development �c. 409.12. Revocation;suspension;fine. district,also as defined in said section of the Char- ter,so long as the transfer and new location meet � Any license or permit under this chapter may all the requirements of law, ordinance, Code or be either suspended for up to sixty (60) days or ��-£�`Y Charter. An on-sale license may be transferable revoked or a civil fine imposed not to exceed two �t�� Supp.No.8 2183 � . 9d�/�� §409.12 LEGISLATNE CODE �^�,.Y,� -'�� ' "F2��?�'.i1 �`�e�.:S;% thousand dollars($2,000.00)for each violation on (1) Restaurant shall mean an establishment a finding by the council that the license or permit under the control of a single proprietor or holder has failed to comply with an applicable manager, having appropriate facilities for statute, rule or ordinance relating to alcoholic serving meals and for seating not fewer beverages. No suspension, revocation or fine shall than twenty-five (25) guests at one time take effect until the license or permit holder has and where,in consideration of payment there- been afforded an opporturiity for a hearing under for, meals are regularly served at tables to - Section 310.05 of this Code. the general public, and which employs an � (Code 1956, § 308.14; Ord.No. 17522, § 1, 12-24-87; adequate staff to provide the usual and suit- Ord. No. 17551, § 6, 4-19-88; Ord. No. 17574, § 1, able service to its guests. 7-12-88) (2) On-sale wine license shall mean a license authorizing the sale of wine not exceeding Sec. 409.13. Inspector's duties. fourteen(14)percent alcohol by volume,for It is hereby made the duty of the inspector to consumption on the licensed premises on13 . see that no applicant for any license hereunder �n conjunction with the sale of food. begins to operate such business until the license (b� Issuance of license; �ee; conditions. On-sale has actually been issued to such applicant so to wine licenses may be issued, subject to the ap- do by the inspector. proval of the liquor control commissioner, to the (Code 1956, § 308.21) proprietor of any restaurant as de�ned in this section and without regard to Section 409.03 lim- � Sec. 409.14. Owner's responsibility. itations. The license fee shall be eight hundred seventy-�ve dollars ($875.00) payable in two (2) � (a) Any act by any clerk, barkeeper, agent, ser- equal amounts, the first to be paid before the ��r��.'� vant or em lo ee of an licensee hereunder, in 'F=_;�:':==:�� p y Y license is issued or renewed, the second payment .�,.. violation of this chapter, shall be deemed the act to be made within six (6)months from the date of of the employer and licensee of such place as well issuance or renewal. Where a transfer of a license as that of such clerk,barkeeper, agent,servant or is approved by the council, the fee to be charged employee, and every such employer and licensee shall be the prescribed annual fee less a credit shall be liable to all the penalties provided for the given for each month or portion of a month re- violation of same equally with the clerk,barkeeper, maining of the original term. The licenses shall agent, servant, or employee. be valid on all days of the week consistent with the hours of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a clerk, All other provisions of this chapter shall be appli- barkeeper, agent;servant or employee made in or cable to such licenses and licensees unless incon- from any place duly licensed to sell nonintoxicat- ing malt liquor but not duly licensed to sell intox- sistent herewith. icating liquor�shall be deemeti'the act of the em- (c) :Public hearing; notices. No new on-sale wine ployer and licensee, as well as that of the person license shall be issued, nor any existing license actually making the sale, and every such employer transferred from place to place, until the council and li�ensee of such place shall be liable to all the shall have first held a public hearing on the ap- penalties provided in this chapter for such sale, plication. The noti�cation requirements applica- equally with the person actually making the sale. ble to transfers or change in licensed areas in (Code 1956, §§ 30824, 308.25) Section 409.11 shall be applicable to the issuance of new on-sale wine licenses or transfers from Sec. 409.15. On-sale wine licenses. place to place. (a) Definitiorzs. The following definitions shall (d) On-sale malt beuerages. A holder of an on- apply to this section: sale wine license issued pursuant to this section . Y�-.<x= � � ��`� Yl� Supp.No.8 ::� 2184 I ; ; ; I � , `�o -�d�� :�'��?• LICENSES §409.16 ��. �;ti: �,�, who is also licensed to sell on-sale nonintoxicat- ing maIt lic}uor and whose gross receipts are at • least sixty(60) percent attributable to the sale of food may be permitted by the city council to also sell intoxicating malt liquors at on-sale in con- junction with the sale of food without having to - pay any additional license fee. Such authoriza- tion, if approved by the council, shall be noted upon the licenses issued by tlie inspector. This provision is enacted pursuant to authority granted_ by Minnesota Statutes, Section 340A.404(5):. (Code 1956, § 308.27; Ord. No. 16912, 4-22-82; Ord. No. 17247, § 2, 6=6=85; Ord..No..17328, § 3, 1-23-86; Ord. No: 17491,;§ 1, 9-16-87) Sec. 409.16. Issuance of new licenses. (a) Applicability. This section applies only to the issuance of new licenses and to the reissuance of licenses under this chapter which have reverted to the City of Saint Paul for any reason,including — revocation, the death of the licensee, or lapse of �� the license by failure to renew.This section is not ��;r applicable to renewals or transfers of licenses. �.�� '�'� ;��s� �"'°�� Supp.No.8 2184.1 � � �v�ld�� `�-� ,,._ :� �.��; �.-.:::��. E-�,�:_�� Y�z:V.�a(+,� ��'_�� V� _ �_.' - .i�� C��.�� 9��/��v �� LICENSES §409.16 .,y�� . (b) Special issuance excise tax—Off-sale: tomarily placed on transfers between pri- (1) The council shall condition the issuance or vate parties, rather than to confer it upon re-issuance (hereafter, "issuance") of a li- one licensee as a windfall bene�t. cense under this section upon payment of (c) Special issuance tax—On-sale. the special issuance tax in addition to all other requirements of this chapter and this (1) Notwithstanding any other provision of law - section. or ordinance, the council shall condition the issuance or reissuance (hereafter, "is- (2) The special issuance tax shall be an amount suance") of an on-sale license under this equal to the fair market value of the li- ' section upon payment of a special issuance cense as defined in subparagraph(3)of this tax determined in accordance with this sub- subdivision. division, in addition to all other require- (3) A license issued under this chapter and ments of this chapter and this section. The this section is a privilege accorded to the proceeds of such tax shall be used for the licensee to engage in the activities permit- redemption of licenses under Section 409.19. ted thereunder,and is neither property nor �e terms"issuance or reissuance,"as used a property right. The phrase "fair market in this subdivision,do not include the issu- value," therefore, means, for the purpose ance of an on-sale license as an absolute of this section, the pecuniary value custom- first priority under paragraph (e) of this arily placed upon the consent of a license section, and no such tax will be imposed holder to the transfer of his license by the thereon. — parties to such a transfer as authorized by (2) The special issuance tax shall be an amount this chapter and Section 310.11.The value determined by the following schedule: .„_„_�� of such a consent necessarily does not in- a. From August 1, 1984 through January clude real property, fixtures, equipment, inventory, good will or any other assets. 31, 1986—$40,000.00; b. From February 1, 1986 through Janu- (4) Such fair market value, as defined in sub- ary 31, 1987—$36,000.00; paragraph (3), shall be determined by mo- c. From February 1, 1987 through Janu- tion agreed to by a majority of the mem- ary 31, 1988—$32,000.00; bers of the council after the council's d. From February 1, 1988 through Janu- committee designated to hear license mat- ary 31, 1989—$28,000.00; ters takes testimony at a public hearing e. FYom February 1, 1989 through Decem- held before the receipt of any application. ber 31, 1989—$24,000.00. Such value may be established by testimony (3) An on-sale license is a privilege accorded to of the inspector regarding recent license the licensee to engage in the activities per- transfers, and shall be the value as rea- mitted thereby,and is neither property nor sonably may be determined on or about the a property right. Such privilege is not im- time of issuance of such license under this pliedly altered by the city's discretionary section. The council's committee designated option to pay a redemption value for out- to hear license matters may also hear any standing licenses or by the payment of a other relevant evidence. Notice of such pub- special issuance tax. Such provisions have lic hearing shall be published once in a been adopted by the city council in order to newspaper of general circulation in the city {�e into account the private pecuniary value not less than ten (10) days prior to such customarily placed on the consent of a li- hearing. cense holder to the transfer of a license by (5) It is the intent of the council in adopting the private parties to that transaction,said this section to gain for the citizens of the transfers now being prohibited by law. �; : ��.� City of Saint Paul this value which is cus- ��= Supp.No.4 2185 _ � � � J -�%=� � � ,�' � � §409.16 LEGISLATIVE CODE �� ,�. (d) Applications: that fact and the grounds for the recom- (1) The council shall, after determining the mendation and provide them with an op- amount of the special issuance tax,by mo- Portunity to be heard before the council's tion instruct the inspector to receive appli- committee designated to hear license mat- cations for the re-issuance of such license, ters before any other action is taken on specifying beginning and ending dates of a such re-issuance. The council shall, after period not to exceed thirty(30)days during such hearing, determine whose applications . which such applications will be received. may further be considered despite the ad- verse recommendation made.If the council (2) All applications shall be made on such forms determines that one or more recommenda- and contain such information as the inspec- tions for denial are well-founded, the ap- tor may require and shall be accompanied plications involved shall not be included by an application fee of one hundred dol- for random selection. lars ($100.00). Such application fee is in addition to the proportion of the special �e) Selection—Off-sale. issuance excise tax required by subparagraph (1) Upon receiving the report from the inspec- (4) of this subdivision, and in addition to tor that all the eligible applications have the annual license fee required by Section been received, inspected and investigated, 409.05. This application fee shall be retained and after hearing having considered and by the city to defray its expenses hereun- determined whose applications may further der whether or not the applicant receives a be considered despite any adverse recom- _ license. mendation made, the council's committee designated to hear license matters shall by � (3) Each application must meet all the require- motion set a date for a public hearing at �� ments of law and this section, including Which an applicant is to be chosen by ran- �� inspection of the premises sought to be li- censed by appropriate officials of the divi- dom selection.All applicants are to be noti- sion of housing and building code enforce- �ed in writing of such date. ment,the division of public health,and the (2) At the public hearing, the secretary of the department of fire and safety services.The council's committee designated to hear li- inspector shall refer each application to each cense matters shall place the names of all of the above agencies and to the depart- eligible applicants on separate,equal-sized ment of police for their inspection and rec- pieces of paper, under the supervision of ommendation, and shall conduct such other the council's committee designated to hear investigation of each applicant as may be license matters. Such pieces of paper shall appropriate.When all inspections have been be placed in an opaque container from which made and recommendations received by the one name shall be drawn at random by a inspector, it shall notify the council. member of the council's committee desig- (4) Each application shall be accompanied by nated to hear license matters as designated the deposit of a sum of money equal to ten by the presiding officer of the council's com- (10) percent of the special issuance excise mittee designated to hear license matters. tax in the form of a cashier's check or certi- The applicant so selected shall be announced, fied check payable to the "City of Saint and shall be awarded the license,_by reso- Paul." lution,upon payment within forty-eight(48) hours thereafter of the remaining ninety (5) In the event either the inspector or one of (90) percent of the special issuance excise the agencies reporting on the applications tax. makes a recommendation that no license be issued to one or more applicants, the �3) In the event the applicant so chosen fails to � inspector shall inform such applicants of Pay the remainder of the special issuance q�'��. ,,.� -R�� Supp.No.4 2186 . . , `�'d-/�s� � LICENSES §409.16 . .F�.X` �P�� excise tax within forty-eight(48)hours,the ing and serving meals to not less than council's committee designated to hear li- fifty(50)guests at one time, ranked in cense matters shall select another applicant the order of such seating and serving in accordance with the procedures in this capacity from the greatest number down section. to fifty(50); (4) The deposit of ten (10) percent of the spe- d. Applicants for the operation of restau- _ cial issuance excise tax shall be retained rants or hotels not covered above,ranked by the city until the license is awarded, in the order of capacity for seating and after which time the deposits of the unsuc- serving meals to guests from the great- cessful applicants shall be refunded. In the est to the lowest seating and serving event any applicant demands and receives capacity; and back his deposit prior to the award of the e. All other applicants, in the order by license, the application shall be deemed to date and time on which their completed have been withdrawn. applications were received by the license inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from the inspec- the city may apply for the issuance of a tor that all the eligible applications have new on-sale license within one year of such been received, inspected and investigated, redemption. and after hearing having considered and �g� Nonissuance. Nothing contained in this sec- determined whose application may further tion shall obligate the City of Saint Paul, nor be considered despite any adverse recom- imply any obligation,to reissue any licenses which �Y�"� mendation made, the council's committee rx,�-:�� have reverted to the city. The city council may, ?yJ"' desi ated to hear license matters shall by z,�,��' � by resolution, declare that such licenses shall not motion set a date for a public hearing at be reissued,specifying any length of time deemed which one or more applicants, depending advisable during which no such licenses shall be on the number of licenses to be issued, are re-issued. to be chosen according to the priorities set forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qualified applicants than communicate with any member of the city council on-sale licenses to be issued,applicants shall regarding any application or applicant for issu- be entitled to receive such licenses accord- ance or re-issuance of a license pursuant to this ing to the following order of priority: section unless such communication is made dur- ing the course of a public hearing before the coun- a. As an absolute first priority, an appli- cil's committee designated to hear license mat- cant who purchases an existing busi- ters held pursuant to this section. ness having an on-sale license with the intent of operating said business at the (i) Neighborhood Betterment Fund A Neighbor- same location for at least one year hood Betterment Fund is hereby established, to thereafter; which ten (10) percent of the proceeds of the spe- b. Applicants for the operation of restau- cial issuance tax are hereby appropriated. Such rants capable of seating and serving fund shall be used to assist the housing and rede- meals to not less than one hundred velopment authority of the City of Saint Paul, (100)guests at one time,ranked in the Minnesota, in the acquisition, clearance or rede- order of such seating and serving ca- velopment of blighted or deteriorated areas and pacity from the greatest number down structures in neighborhoods having concentrations to one hundred(100); of businesses licensed for the sale and consump- ��,� c. Applicants for the operation of hotels tion of intoxicating liquor on the premises,which W ��r having dining rooms capable of seat- acquisition,clearance or redevelopment are hereby �� `'�=="� Supp.No.4 2187 � � �v�o�z §409.16 LEGISLATNE CODE �� x� ; ?!' �'! � s'� .4? °-'�+..�-�i�.��i determined to be for a public purpose. Such pur- and conditions may limit the dispensing of intox- poses and uses of the fund may include the acqui- icating liquor to designated areas of the facility. sition of the real or personal property of existing The department of community services may fix on-sale liquor businesses, and affirmative assis- and assess a fee to be paid to the general fund in tance of financing of minority-owned businesses the case of Town Square Park and to such special seeking or needing on-sale intoxicating liquor fund as may be designated by the director of said _ licenses. department in the case of Phalen Park Club House - (Code 1956, §§ 308.28-308.33; Ord. No. 17172, by an on-sale licensee for each event for which 10-23-84;Ord.No. 17176, 10-23-84;Ord.No. 17551, the licensee is engaged to dispense intoxicating § 7, 4-19-88) liquor.' (Ord. 16812, 7-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation;penalty. Violation of any of the regulations contained in �c. 409.19. License redemption. Sections 409.08 and 409.09 shall be a misdemeanor The city may, at its option and in its sole dis- and shall be punished as provided by Section 1.05 cretion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. ceived from the special issuance tax are avail- (Code 1956, § 308.23(12)) able,redeem any on-sale license,with the consent of the licensee, by payment of the redemption Sec. 409.18. Town Square Park; Phalen Park value to said licensee. Such redemption terminates Club House. the license for that license holder, and permits the city at its option and in its sole discretion to The department of community services may au- issue said license in accordance with the require- ,��_ thorize any holder of an on-sale liquor license ments of law and ordinance. The city may not F��=';=:=', issued by the city to dispense intoxicating liquor �Y�;�;;�;: at any event of definite duration on the public redeem any on-sale license which has been re- � �t:�_`�� premises known as Town Square Park and Phalen voked or not renewed for cause. The redemption Park Club House. The event may not be profit value shall be an amount determined by the fol- making except as a fund raising event for a non- lowing schedule: profit organization or a political committee as (a) From August 1, 1984 through January 31, de�ned in Minnesota Statutes, Section 210A.01, 1986—$70,000.00; Subdivision 8. The licensee must be engaged to �� From February 1, 1986 through January dispense intoxicating liquor at the event held by 31, 1987—$60,000.00; a person or organization permitted to use the prem- ises and may dispense intoxicating liquor only to (c) From February 1, 1987 through January persons attending the event. A licensee's author- 31, 1988—$50,000.00; ity shall expire upon termination of the contracted event. The authority to dispense intoxicating li- �d) From February 1, 1988 through January quor shall be granted in accordance with the stat- 31, 1989—$40,000.00; utes applicable to the issuance of on-sale licenses (e) From February 1, 1989 through December in cities of the first class consistent with Laws of 31, 1989—$30,000; and Minnesota for 1981, Chapter 335 and Laws 1983, �fl From and after January 1, 1990,there shall Chapter 259. The dispensing of intoxicating li- be no redemption value. quor shall be subject to all laws and ordinances governing the dispensing of intoxicating liquor as All on-sale licenses which are revoked or not re- are not inconsistent with Laws, 1981, Chapter newed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispensing required by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance with re-issued by the city in accordance with law. the terms and conditions prescribed by the de- (Ord. No. 17172, 10-23-84) .,..u;�, partment of community services and those terms ,�r�� Supp.No.4 �'�;�"�:.:-'� 2188 � ��/os v �� LICENSES §40921 � ��'��* �`'�� Sec. 409.2(1. Commercial development di.5tricts. Sec. 409.21. Pull-tabs and tipboards in bars (a) Commercial development districts,as defined by qualified charitable non-profit in Section 17.07.1 of the City Charter, may be organizations. created or expanded by the filing in the office of (a) Permission of city council; endorsement; the city clerk of a written petition therefor set- termination: ting forth the boundaries of the expanded district, (1) On-sale licensees may request permission � and containing the written consent of the owners of the city council to permit qualified char- � of two-thirds of the several descriptions of real itable organizations to conduct lawful gam- estate situate within the new or area of the ex- bling in the form of pull-tabs and tipboards panded district, together with the written consent only on the licensed premises. Application of the owners of two-thirds of the several descrip- for permission shall be made to the license tions of real estate situated within one hundred inspector and payment of the specified fee. (100) feet of the new or expanded district, and if the application is granted, the license after the affirmative vote in favor thereof by at shall contain an endorsement specifying this least five(5)members of the city council. approval and the gambling endorsement (b) The city council may waive the requirements may be considered for renewal at the same for consent signatures if the city council shall time as the council may consider renewal determine that a hardship exists therefor, and in of the on-sale license. such case the council may,on its own,initiate the (2) In the event the permission of any charita- process of creating or expanding a commercial ble nonpro�t organization to conduct law- — development district. In such case, the aff`irma- ful gambling on the licensed premises is .��a;`� tive vote of at least five (5) members of the city terminated by the licensed establishment ,��f�,.� ��':��` council shall be re uired to create or ex and an on whose „�,�y q p y premises the organization was �`' such district. conducting said gambling, or in the event (c) In all such cases, the planning commission such organization terminates its lawful gam- shall be consulted for advice concerning the pro- bling as a result of coercion, pressure or posals for consistency with the city's comprehen- unreasonable or unlawful conduct by the sive plan and Zoning ordinances, and the plan- licensee or its employees, the on-sale licen- ning commission shall report in writing to the see shall not be able to make application city council its findings and recommendations. for a gambling endorsement for a new chari- table nonprofit organization to take the place (d) Upon receipt of the report of the planning of the former organization until one year commission, the council's committee designated after discontinuance of all gambling activ- to hear license matters shall fix a date for public ity on the licensed premises by the former hearing to consider the petition or proposal to organization. create or expand a commercial development dis- �� mbling endorsement regulation� Gambling trict and afford an opportunity to all affected per- endorsements on on-sale licenses shall be subject sons to be heard.The city clerk shall cause notice to the following regulations which shall be deemed of the hearing to be published once in the off"icial as a part of the license, and failure of compliance newspaper of the city, and mailed notice thereof may constitute grounds for adverse action as pre- shall be given by the department of finance and scribed in the Legislative Code: management services to all owners of land within the new or area of the expanded district. Pub- (1) Only charitable nonprofit organizations li- lished notice and mailed notice shall be made at censed by the State of Minnesota to oper- least twenty (20) days in advance of the public ate tipboards and pull-tabs may be allowed hearing. to sell pull-tabs and tipboards on the licensed (Ord. No. 17238, § 1, 5-9-85; Ord. No. 17551, § 8, premises. f��ti� ��` 4-19-88) ��r . Supp.No.8 2�89 ' � �'d�/d Sv §409.21 LEGISLATNE CODE x��. t '�r� ' e�,� �� (2) Use of the licensed premises shall be by (4) The licensee may not be reimbursed by the means of a written lease agreement between charitable organization for any license or the licensee and the charitable organiza- permit fees,and the only compensation which tion. The lease shall be for a term of at the licensee may obtain from the charita- least one year; a copy shall be filed with ble organization is the rent fixed in the the license inspector, and also a copy must lease agreement. be kept on the premises and available for _ public inspection upon request. Leases shall �5) The licensee must commit to a minimum of _ _ be governed by the following: twenty (20) hours of sales of pull-tabs and tipboards for the charitable organization. a. Maximum rent that may be charged is (6) As a qualification ''�r removal of the per- one hundred dollars($100.00)per week. mission to allow the sale of pull-tabs and b. Rental payments may not be based on tipboards on the licensed premises, the li- a percentage of prceeeds from gambling censee must demonstrate to the license in- receipts. spector that at least one thousand dollars c. The charitable organization may not �$1,000.00) in gross gambling revenues reimburse the licensee for any license Weekly are generated in a Class A estab- fees or other gambling-related expenses lishment, two thousand dollars ($2,000.00) incurred by the licensee. in a Class B establishment, and two thou- d. The only form of gambling that shall sand dollars ($2,000.00) per charity in a be permitted on the licensed premises Class C establishment, based on a twenty- shall be pull-tabs and tipboards approved hour-per-week operation. — by the license inspector. (7) The licensee shall be responsible for the �;�,n, ?: r-•c e. Pull-tabs and tipboards shall only be charitable organization's conduct of selling ��.��'"-�f.-_;�� sold from a booth used solely by the pull-tabs and tipboards. The city council -=��.;� charitable organization, and pull-tabs may suspend the licensee's permission to and tipboards shall neither be sold by allow gambling on the premises for a pe- employees of the licensee nor sold from riod up to sixty (60) days for any violation the bar service area. of state or local gambling laws or regula- f. The construction and maintenance of 'tions that occur on the premises by anyone, the booth used by the charitable orga- including the licensee or the charitable or- nization shall be the sole responsibil- ganization. A second violation within a ity of the charitable organization. twelve-month suspension, and any additional g. The lease shall contain a provision per- violations within a twelve-month period shall mitting the licensee to terminate the result in the revocation of the gambling lease if the charitable organization is permission, and may also be considered by found guilty of any violation of state or the council as grounds for suspension or local gambling statutes, ordinances or revocation of the on-sale liquor license. rules and regulations. ' (c) Large charitable nonpro�t organizations (3) Only one charitable organization shall be regulated permitted to sell pull-tabs and tipboards on (1) Notwithstanding any other provision of law the licensed premises of a Class A estab- or of Sections 409.21 and 40922 of this � lishment, no more than two (2) organiza- chapter, not more than f"ive (5) charitable tions at separate times in a Class B estab- nonprofit organizations which qualify as lishment,and no more than two(2)charitable "large organizations" may be permitted to organizations shall be permitted to sell pull- conduct lawful gambling in the form of pull- tabs or tipboards on the licensed premises tabs and tipboards on licensed premises after of a Class C establishment, provided they meeting all other requirements of Chapters �,��, � x� �� are located in totally separate areas. 310 and 409 of the Saint Paul Legislative �k^,-_��:�-,�� Supp.No.8 • `��,:._��:� 2190 � � �� ","��%�:i�, �-�,�,�'• LICENSES § 409.21 �;`��. - � �� a%" Code and of any other applicable statute, (2) No endorsement to the on-sale license shall regulation or ordinance. The term "large be granted to any on-sale licensee for a organization,"for the purpose of this chap- large organization until thirty(30)days after ter, shall mean and include any charitable the effective date of this ordinance [Ordi- nonpro�t organization which has the size nance No. 17613]. ff there are more than and resources, as well as the public accep- five (5) qualified applicants for such endorse- tance and drawing power, sufficient to dom- ment, the counsel shall by motion set a - inate in the competition for licensed prem- future regular council meeting date at which � ises in which to conduct charitable gam- five(5)such applicants shall be selected for bling so as to make it difficult or impossible the issuance of the liquor endorsements au- for small charitable nonprofit organizations thorized herein. Such selection shall be by to find suitable or desirable premises in lot in accordance with the procedures indi- which to raise funds by charitable gambling. cated in Section 409.16(eX2)(excepting the . Any charitable nonprofit organization whose payment of the special issuance excise tax). annual gross revenues for the immediately Not less than thirty (30) days after one of past fiscal or calendar year from all sources such endorsements is revoked, denied or are in excess of ten million dollars ($10, lapses for any reason, the council may es- 000,000.00) or whose annual management tablish a date for random selection among and administrative expenditures for its cur- otherwise qualified applicants as provided rent budget year are in excess of three mil- above. If the number of applicants at any lion dollars ($3,000,000.00), or twenty-�ve time is equal to or less than five(5), or less (25) percent or more of whose net profits than the number needed to bring the total - from charitable gambling are or have been of such endorsements issued to five(5),then E��` distributed in at least three (3) of the last the council ma issue such endorsements r_-.��;.��? Y �",��"'� five(5)years to another nonpro�t or chari- in the regular manner. `4��'r'';� ,�" table organization of which it is a local chapter or subsidiary,shall be presumed to �3) The large organizations authorized to op- be a large corporation. The computation of erate in on-sale licensed premises as pro- the above dollar amounts shall be the total vided for in this paragraph (c) shall be re- for both the charitable nonprofit organiza- �'�t° comply with all applicable require- tion in question and any other such orga- ments of law and of Sections 409.21 through nization, if such other organization: 409.23, including the payment of ten (10) percent of their net pro�ts from selling of (a) Has the power to appoint a majority of pull-tabs as provided by Section 409.22(n). the governing body of the organization (d) Number of establishments restricted No char- in question; itable organization, whether a large organization, (bj Has or exercises the authority to di- exempt under state law, licensed by the State of rect or control the work of the officers Minnesota or issued a gambling permit under or employees of the organization in any ordinance, shall sell pull-tabs and/or tipboards question; in more than three(3)establishments licensed by (c) Provides half or more of the gross rev- the City of Saint Paul for the sale of intoxicating enues of the organization in question; liquor in accordance with Section 40922; provid- or ed,however,that no such organization may oper- (d) Franchises or charters the organization ate in a second establishment until it has been in in question, or permits the organiza- full operation for at least three (3)months in the tion in question to use its name and/or �"�st establishment, nor operate in a third estab- organizational symbols in the conduct lishment until it has been in full operation for at of the fund-raising activities of the or- least three(3)months in both the first and second ganization in question. establishments. ':��''. T��-r; �;�° Supp.No.9 2191 , �d-/o s� ��:�.. $ 40922 LEGISLATNE CODE �.`,��`��. � .°,�,#�.",",V� `i_,�;:� (Ord.No. 17321, § 3, 12-31-85; Ord. No. 88-500, § (1) Shall register with the state gambling board 9, 11-17-88; Ord. No. 17657, § 7,6-8-89) all equipment and supplies used in a li- Cross references—Gambling, Ch. 270; lawful gambling, censed on-sale liquor establishment. Ch.402;bingo halls,Ch.403;game rooms,Ch.406. (m) Shall post in a conspicuous place rules and Sec. 40922. Charitable gambling regulations. regulations concerning charitable gambling The sale of pull-tabs and tipboards in on-sale as required by the license inspector. _ licensed premises shall be conducted only by quali- (n) Shall pay to one (1)or more eligible recipi- fied and state-licensed charitable organizations. ents on the list established pursuant to Sec- In addition to satisfying the qualifications set forth tion 409.235, following the procedures es- in Minnesota Statutes, Chapter 349, the follow- tablished therein, ten (10) percent of the ing regulations and qualifications must be com- net profits from selling of pull-tabs,paddle- plied with by all such charitable organizations: wheels and tipboards. (a) Must have been in existence for three (3) �o) The charitable organization shall not use a years. pull-tab or tipboard which does not return (b) May not be supported by a school athletic to the players a minimum percentage of seventy-five (75) percent, nor a maximum program, either public or private. percentage of eighty(80)percent,which per- (c) Must file with the license inspector annu- centage shall include free plays awarded. ally a list containing the names and ad- �P� �e charitable organization will be respon- dresses of all current members. sible for the booth and other equipment - (d) Must�le�nancial reports weekly with the , used in the operation as a deductible ex- „_, license inspector. pense of the charity. �.� x;i l L ;� �s (e) May not have a gambling license in more (q) Shall expend at least fifty-one (51)percent � ,' than two(2)Class A establishments and no or more of its net proceeds from charitable more than one Class B or Class C estab- gambling at Saint Paul locations to or for lishment in the City of St. Paul. - purposes which benefit programs or activi- ties occurring in Saint Paul or which di- (fl Must exhibit and sell pull-tabs and tipboards rectly benefit substantial numbers of Saint in a method as required by the license Paul residents. inspector. (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § (g) Workers or managers may not divulge the 1, 3-10-88; Ord. No. 88-500, § 4, 11-17-88; Ord. number of or the dollar amount of the win- No. 17652, § 3,6-1-89;Ord.No. 17678, § 1,8-29-89) nex's at any time. Cross reference—Lawful gambling,Ch.402. (h) Shall not commingle game cards. Sec. 40923. �ind established;a m�r��'BtlOri. (i) Shall pay employees at least the federal (a) There is hereby established a special fund minimum wage per hour and no more than for the administration and distribution of the pro- double the federal minimum wage per hour. ceeds contributed by charitable gambling in on- (j) Shall comply with all provisions of Minne- sale liquor establishments as spec�ed in this chap- sota Statutes, Chapter 349. ter.Monies in this fund may be expended only for such lawful purposes as set forth in Minnesota (k) Gambling manager's compensation shall not Statutes, Chapter 349, and shall be expended to exceed one hundred dollars ($100.00) per assist youth organizations which are not selling week for compensation for services as a pull-tabs and tipboards in licensed establishments. gambling manager. - � �-'�. -�-:� �z', « Supp.No.9 � ,,� �� 2192 � . �-/�s� ,','�"�ss�: LICENSES §409.25 ��"�`��. :�;:��,�;,:; �� (b) The city council shall appoint a city-wide Sec. 409.24. Gambling managers. charitable organization and youth or adult repre- No person shall be a manager of any charitable sentatives from each of the city's recreation dis- organization selling pull-tabs and tipbdards in on- tricts to advise the city on the disbursement of sale liquor establishments unless licensed by the these funds. The council, with the advice of the city as provided herein and compliance with the appointed city-wide charitable organization and following requirements: representatives, shall by resolution adopt rules ' and regulations governing the administration of (1) Application for gambling manager license the fund,eligible applicants and appropriate uses shall be m�ie at tl:e off`ice of license in- for the funds.These rules shall include the following: spector on forms provided by said off'ice. The annual license fee is one hundred dol- (1) Applicants for funding must be incorporat- lars($100.00). ed, nonprofit organizations formed for the purpose of supporting programs. Booster (2) Gambling managers shall meet all the re clubs organized for a recreation center or a quirements of Minnesota Statutes, Chap- specific sport may be eligible, but organ- ter 349, and must file proof that a ten thou- ized school teams, whether public or pri- sand dollar ($10,000.00) fidelity bond has vate, will not be eligible. Evidence that an been provided. organization has been recognized by the (3) An individual may not manage any chari- IRS as exempt from taxation pursuant to table organization's gambling operation for 26 U.S.C. Section 501 or is using an orga- more than three(3)consecutive years. nization so recognized as a fiscal agent shall - be accepted as proof that it is a nonprofit (4) Gambling managers may not receive more f�:�►;�a organization, but such evidence is not the than fifty dollars ($50.00)per week for com- `'"�'�"''4� ensation for services as a amblin man- ��-:�� exclusive method of establishing nonprofit P g g r:w�;:,.; g `��=�= status. a er. (2) Applicants shall provide information setting �5) All gambling managers must successfully forth its stated purpose, number of partici- complete a training program established pants served, area served and reasons why by the city, which training program shall the funds are needed. include state charitable gambling laws, city charitable gambling ordi,�ances, accounting (3) Funds may not be used for capital expens- procedures, record keeping and reporting es, nor for salaries or travel expenses, but procedures and methods. may be expended for an individual or team (Ord. No. 17321, § 6, 12-31-85) representing the city or state in a state or national championship tournament. Sec. 409.25. Temporary wine and liquor li- (4) No organization operating charitable gam- censes. ' bling in the State of Minnesota will be eli- (a) Wine licenses. Notwithstanding any other gible to receive funds. provision of this chapter, a bona fide nonprofit _ (5) Funds will be awarded on a matching basis charitable, religious or veterans organization may only. obtain on-sale license to sell wine not exceeding fourteen (14) percent alcohol by volume for con- (6) Organizations receiving funds shall file with sumption on the licensed premises only. The fee the city financial reports showing how the for such license shall be one hundred thirty-five funds were expended and for what purpose. dollars ($135.00) per day, and licenses shall be No additional grants will be made until issued for periods not to exceed three (3)consecu- the organization has filed such reports of tive days. No organization shall be granted more M,- previous expenditures. than two(2)such licenses per calendar year. rc.�=� �. (Ord. No. 17321, § 5, 12-31-85; Ord. No. 17613, § ��;��-�'� (b) Liquor licenses. Notwithstanding any other �I 6, 11-17-88) ``:='�' Supp.No.6 2192.1 - -,- �,, 9u "" i�.� � §40925 LEGISLATNE CODE '`'`� ( :;`�� l,:.. :, ,=-k� `'� '::�� provision of this chapter, a club or charitable, religious or other nonprofit organization in exis- tence for at least three (3) years may obtain on- sale license to sell intoxicating liquor for consump- tion on the licensed premises only and in connec- tion with a social event within the city sponsored by the licensee. The license may authorize on- _ sales on premises other than premises the licen- see owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by the City of Saint Paul. The fee for such license shall be one hundred thirty-five dollars ($135.00)per day, and shall be issued for not more than three (3) consecutive days. No organization shall be granted more than two (2) such licenses per calendar year. (c) Application. Application for such temporary licenses shall be made on forms provided by the ( ,��;'� +� :``�; .,.�:_? r rb � N. �r= ; x Supp.No.6 °� 21922 . . ��/vs � �� °:�, LICENSES $409.235 �,.1%7T:�,�., . �..i�.J�". (b) The city council shall appoint a city-wide Sec. 409235. Contributions to eligible re- charitable organization and youth or adult repre- cipients. sentatives from each of the city's recreation dis- (a) Youth programs advisory board established tricts to advise the city on the disbursement of The mayor with the advice and consent of the city these funds. The council, with the advice of the ��1 shall appoint a youth advisory board, whose appointed city-wide charitable organization and membership shall contain youth and adult repre- _ representatives, shall by resolution adopt rules gentatives from each of the city's wards, as well ' and regulations governing the administration of as four (4) at-large members to advise the city the fund,eligible applicants and appropriate uses council on the creation of and subsequent changes for the funds.These rules shall include the following: �the list of eligible recipients. The present mem- (1) Applicants for funding must be incorporat- bership of the predecessor youth athletics and ed, nonprofit organizations forxned for the sports advisory board shall automatically become purpose of supporting programs. Booster and remain youth programs advisory board mem- clubs organized for a recreation center or a bers until new members are appointed by the speci�c sport may be eligible, but organ- mayor and approved by the council. The appoint- ized school teams, whether public or pri- ment of new members shall specify which mem- vate, will not be eligible. Evidence that an bers if any are being replaced. Such board shall organization has been recognized by the continue to advise the city on the administration IRS as exempt from taxation pursuant to and disbursement of money from the fund estab- 26 U.S.C. Section 501 or is using an orga- lished under Section 40923 of this Code. nization so recognized as a fiscal agent shall (b) List establislzed There is hereby established , � be accepted as proof that it is a nonpro�t a list of recipients eligible for distribution of the ;„=�;,:�,�, organization, but such evidence is not the prceeeds contributed by charitable gambling in � ` ��:;�� exclusive method of establishing nonprofit on-sale liquor establishments as specified in this `��' status. chapter, and in private clubs and other places as (2) Applicants shall provide information setting provided in Sections 402.10 and 404.10(6)of these forth its stated purpose, number of partici- chapters. The list of eligible recipients shall be pants served, area served and reasons why promulgated by resolution by the city council upon the funds are needed. the advice and report of the youth advisory board. Such list may be amended from time to time by (3) Funds may not be used for capital expens- the city council to add or delete recipients. Not- es, nor for salaries or travel expenses, but withstanding the foregoing, the city council may may be expended for an individual or team by resolution promulgate a list having on it those representing the city or state in a state or organizations whose applications for funding under national championship tournament. a previous ordinance had been approved but not (4) No organi2ation operating charitable gam- funded or moneys actually disbursed without the bling in the State of Minnesota will be eli- advice or report of the youth programs advisory gible to receive funds. board. Such list shall be maintained for public inspection in the office of the city clerk, and shall . (5) Funds will be awarded on a matching basis be mailed quarterly to all organizations conduct- only. ing charitable gambling within the City of Saint (6) Organizations receiving funds shall file with Paul by the license and permit division. the city financial reports showing how the (c) Qualifacations for inclusion on list. Those funds were expended and for what purpose. organizations whose applications for funding were No additional grants will be made until approved by the youth programs advisory board's the organization has filed such reports of predecessor under a previous ordinance are au- previous expenditures. tomatically qualified for inclusion on the list es- �` �°�'^ (Ord. No. 17321, § 5, 12-31-85; Ord. No. 17613, § tablished above and shall remain thereon until .� , n x -�;�� 6, 11-17-88) removed by resolution. Other applications for in- `��:a Supp.No.8 2193 , % `J ��'v` °� ��, §409235 LEGISLATNE CODE 7� �s` - 4.-.,- �`"'fr�:== clusion on the list, and recognition as eligible (4) No organization operating charitable gam- recipients, shall meet the following requirements bling in the State of Minnesota will be eli- in order to be included on the list: gible for inclusion on the list. (1) Applicants for inclusion on the list must be (5) An organization formed, incorporated, op- incorporated, nonprofit organizations formed erated or managed by the members, off"i- for the purpose of supporting youth programs. cers or directors of any organization oper- - Booster clubs organized for a recreation cen- ating or conducting lawful gambling,or sub- ' ter or a speci�c sport may be eligible, but ject to the ten (10) percent contribution organized school clubs, activities and teams, requirement in this section,shall not be an whether public or private, will not be eli- eligible recipient. gible. Evidence that an organization has (6) An eligible recipient, as a condition to con- been recognized by the IRS as exempt from tinuation on the list, may not engage in or taxation pursuant to 26 U.S.C. Section 501 operate charitable gambling nor use any or is using an organization so recognized as contributions received as a result of its sta- a fiscal agent shall be accepted as proof tus as an eligible recipient for anything that it is a nonprofit organization,but such other than a lawful purpose. Each recipi- evidence is not the exclusive method of es- ent as a condition of receipt of contribu- tablishing nonprofit status. tions must execute the verified receipt and representations required above. (2) Each applicant for inclusion on the list shall provide information setting forth its stated (d) Contributions required Organizations con- — purpose,number of participants served,area ducting charitable gambling within the City of served and the reasons why funds are needed. Saint Paul shall, to meet requirements imposed ,,-� �.. I Y'Z'�4 by law, including, but not limited to, Sections �_:�.r>�> (3) The submitting organization must provide 402.10, 404.10(6) and 40922(n) of the Saint Paul ''�-�� at the time of application: Legislative Code, give ten(10)percent as required therein to one (1) or more eligible recipients on a. Verification of nonprofit status and copy the list promulgated by the city council. Each of organizational bylaws. organization shall report every required contri- b. List of officers or directors. bution that is made by it on a quarterly basis, c. Letter verifying organization's approval stating the name of the recipient, the amount of of the proposal. the contribution, and shall enclose the verified d. Previous yeaz s budget and financial receipt of the recipient's officers as provided by statement. paragraph(e)below. All such contributions must e. Current balance sheet and income go only to eligible recipients on the list provided statement, if applicable. above. An organization cannot contribute to any f. Proposed budget(expenses and income) recipient not furnishing the verified receipt as for the activity. provided. g. Evidence that insurance, if needed, can be obtained by the organization. (e) Verified receip� Each eligible recipient shall, h. Area served, number of participants at the time of accepting contribution from an served, and reasons why funds are organization subject to the ten (10) percent re- needed. quirement herein,prepare and tender to such con- tributing organization a veri�ed receipt, sworn The financial information must demonstrate under oath and notarized. Such verified receipt that the majority of the organization's fund- shall be under oath,and shall require each officer ing is used for the benefit of the public in of the recipient to state that the contribution shall providing youth programs for youth twenty be expended for a lawful purpose and state the (20)and under. purpose, that all previous contributions, if any, �F '^ .,_ °� � .� Supp.No.8 �-�--'", 2194 . , 90-/�5� ;:�;�'�� LICENSES § 409.25 ;r,:r- f`� ;��- r:.;nw;�;� ;;s'r have been expended for lawful purposes,that the for compensation for services as a gambling calendar-year total of contributions received as a, manager. result of its status as an eligible recipient does �5) All gambling managers must successfully not exceed four thousand dollars($4,000.00),that complete a training program established it does not operate any gambling activities, and that no such contribution or any previous contri- by the city, which training program shall bution will be or has been used for capital ex- include state charitable gambling laws,city penses, salaries or travel expenses except as may charitable gambling ordinances, accounting _ be allowed herein. Notwithstanding the forego- procedures, record keeping and reporting ing, an eligible recipient may receive up to four Procedures and methods. thousand dollars ($4,000.00) in additional funds �Ord. No. 17321, § 6, 12-31-85; Ord. No. 17666, § from any organization or organizations conduct- 1, 7-13-89; Ord. No. 17678, § 2, 8-29-89) ing charitable gambling so long as no part of said �c. 409.25. Temporary wine and liquor li- additional funds are counted toward said organi- zation's obligation hereunder to contribute ten censes. (10)percent of its net profits to eligible recipients. (a) Wine licenses. Notwithstanding any other (fl Alternate compliance. Notwithstanding any Provision of this chapter, a bona fide nonprofit provision of law to the contrary, any organization charitable, religious or veterans organization may conducting charitable gambling within the City obtain on-sale license to sell wine not exceeding of Saint Paul may satisfy its obligations under fourteen (14) percent alcohol by volume for con- paragraph(d)above and Sections 402.10,404.10(6) sumption on the licensed premises only. The fee and 40922(n) of the Code to give ten(10)percent for such license shall be one hundred thirty-five dollars ($135.00) per day, and licenses shall be T�� of its net profits to eligible recipients by, in lieu issued for eriods not to exceed three (3)consecu- F�"`�'�'� thereof contributin such ten(10) ercent volun- P �~�r ' g P tive days: No organization shall be granted more ��;:"='<^=:> tarily to the fund established under Section 40923 �� of the Code. than two(2)such licenses per calendar year. (Ord.No. 17652, § 4, 6-1-89) (b) Liquor licenses. Notwithstanding any other provision of this chapter, a club or charitable, Sec. 40924. Gambling managers. religious or other nonpro�t organization in exis- tence for at least three (3) years may obtain on- No person shall be a manager of any charitable sale license to sell intoxicating liquor for consump- organization selling pull-tabs and tipboards in on- tion on the licensed premises only and in connec- sale liquor establishments unless licensed by the tion with a social event within the city sponsored city as provided herein and compliance with the by the licensee. The license may authorize on- following requirements: sales on premises other than premises the licen- (1) Application for gambling manager license see owns or permanently occupies. The license shall be made at the office of license in- �ay provide that the licensee may contract for spector on forms provided by said off"ice. ��xicating liquor catering services with the holder The annual license fee is one hundred dol- of a full year on-sale intoxicating liquor license lars($100.00). issued by the City of Saint Paul. The fee for such license shall be one hundred thirty-five dollars (2) Gambling managers shall meet all the re- ($135.00)per day, and shall be issued for not more quirements of Minnesota Statutes, Chap- than three (3) consecutive days. No organization ter 349, and must file proof that a ten thou- shall be granted more than two (2) such licenses sand dollar ($10,000.00) fidelity bond has per calendar year. been provided. (c) Application. Application for such temporary (3) Reserved. licenses shall be made on forms provided by the (4) Gambling managers may not receive more inspector and shall contain such information as ""'� than one hundred dollars($100.00)per week specified by the inspector,including the following: �'''.tr�,... � ''ti'.�-A,`-•�:� Supp.No.9 �,�� 2195 , , , 9d�/��S Z- §409.25 LEGISLATNE CODE ��:�,�.� , l�,k.�y f �-1>:.Y". F�:�;i';,:�'.<�i�'"r �c±}ev,;,_�: :,y�- (1) The name, address and purpose of the or- director may require the inspector to issue such ganization, together with the names and .license before receiving any recommendations on addresses of its officers. the application therefor if necessary to issue such license on a timely basis. (2) The purpose for which the temporary license (Ord.No. 17459, § 1,5-28-87;Ord.No. 17569, § 4, is sought, together with the place, dates 6 7 88� and hours during which wine or intoxicat- ing liquor will be sold. Sec. 409.26. Intoxicating liquor;nonintoxicat- " (3) Consent of the owner or manager of the ing malt liquor;presumptive pen- premises, or person or group with lawful alties. responsibility for the premises. (a) Purpose. The purpose of this section is to (4) Evidence that the applicant has obtained establish a standard by which the city council and has in force a bond in accordance with determines the length of license suspensions and Section 409.06(j), and liability insurance in the propriety of revocations,and shall apply to all accordance with Minnesota Statutes 1986, on-sale and off-sale licensed premises for noth Section 340A.409. intoxicating liquor under this chapter and nonin- toxicating liquor under Chapter 410. These pen- (d) Application of otlzer provisions of this clxa�o- alties are presumed to be appropriate for every ter. No other provisions of this chapter shall apply case; however the council may deviate therefrom to licenses granted under this section, except Sec- in an individual case where the council finds and tions 409.06, 409.07, 409.08 (except clauses (11) determines that there exist substantial and com- and(12)), and Sections 409.09 through 409.14. pelling reasons making it more appropriate to do so. When deviating from these standards the coun- ,��,, (e) Class II license. Notwithstanding any other cil shall provide written reasons that specify why "'�=°'�' provision of law to the contrary, the temporary the penalty selected was more appropriate. �';.;� wine and liquor licenses provided in this section �:-Y shaIl be administered as a Class II license, and (b) Presumptive penalties for uiolations. Adverse subject to the provisions of these chapters govern- penalties for convictions or violations shall be ing Class II licenses.The inspector shall make all presumed as follows (unless specified, numbers referrals as provided by Section 310.03, but the below indicate consecutive days' suspension): Appearance Type of Violation Ist 2nd 3rd 4th (1) Commission of a felony related to the li- Revocation NA NA NA censed activity. (2) Sale of alcoholic beverages while license Revocation NA NA NA is under suspension. (3) Sale of alcoholic beverages to under-age 3 6 18 Revocation person. (4) Sale of alcoholic beverage to intoxicated 3 6 18 Revocation person. (5) After hours sale of alcoholic beverages. 3 6 18 Revocation (6) After hours display or consumption of al- 2 4 12 Revocation coholic beverage. :�"=,�� . ��`a'dS`i Supp.No.9 ` ..,�;.:.�;''r ��,:c:� 2196 � � `�D��D,S7i :�� LICENSES §409.26 ��- �+..,. ;�s�;x;��` !.y`s�.�+. Appearance Type of Violation Ist 2nd 3rd 4th (7) Refusal to allow city inspectors or police 5 15 Revocation NA admission to inspect premises. (8) Illegal gambling on premises. 3 6 18 Revocation _ (9) Fail to take reasonable steps to stop per- 2 4 12 Revocation son from leaving premises with alcoholic beverage. (10) Failure to make application for license re- 3 6 18 Revocation newal prior to license expiration date. (11) Sale of intoxicating liquor where only li- 3 6 18 Revocation cense is for nonintoxicating liquor. For those violations which occur in on-sale in- under the "lst Appearance" column in paragraph toxicating liquor establishments, listed above in (b) above. The occurrence of multiple violations numbers (4), (5), (6), (8), (9) and (11), the council shall be grounds for departure from such penal- may in its discretion impose a fine in lieu of a ties in the council's discretion. suspension on the first appearance,in accordance Violations occurring after the date of the notice - with the following schedule whose amounts are of hearing that are brought to the attention of the s;;;�,, presumptively appropriate: city attorney prior to the hearing date before an �.-�:�:, �;,. �.�:;� ,�r.�,�� Seating capacity 0-99 . . . . ..... .. . $ 500.00 administrative law judge(or before the council in ,;, �. "7�r Seating capacity 100-149 ..... . .. . 1,000.00 an uncontested facts hearing) may be added to Seating capacity 150-199 . . . ... ... 1,500.00 the notice(s)by stipulation if the licensee admits Seating capacity over 200 .. . .... . . 2,000.00 to the facts, and shall in that case be treated as For those violations which occur in off-sale in- though part of the"lst Appearance."In all other toxicating liquor establishments listed above in cases, violations occurring after the date of the numbers (4), (5), (6), (8), (9) and (11), the council formal notice of hearing shall be the subject of a may in its discretion impose a fine in lieu of a separate proceeding and dealt with as a "2nd suspension on the first appearance,in accordance Appearance"before the council. with the following schedule, whose amounts are The same procedures shall apply to a second, presumptively appropriate, based on the square third or fourth appearance before the council. footage of the retail area of the establishment: (d) Subsequent appearances. Upon a second,third 2,000 square feet or less. . .. . . .. . $ 500.00 or fourth appearance before the council by a par- 2,001— 5,000 square feet. . ...... 1,000.00 ticular licensee, the council shall impose the pre- 5,001-10,000 square feet...... . . 1,500.00 sumptive penalty for the violation or violations 10,001 square feet or more. . . .. .. 2,000.00 �ving rise to the subsequent appearance without (c) Multiple violations. At a licensee's first ap- regard to the particular violation or violations pearance before the city council,the council shall that were the subject of the first or prior appearance. consider and act upon all the violations that have (e) Computation of time: been alleged and/or incorporated in the notices �1) ff a licensee appears before the council for sent to the licensee under the administrative pro- any violation in paragraph (b) where that cedures act up to and including the formal notice violation has occurred within eighteen(18) of hearing.The council in that case shall consider calendar months after the first appearance '�� the presumptive penalty for each such violation ��"t;s. r;� T� ��'�;�' Supp.No.10 2196.1 _ - - , .�..,, �� r �� r/'�� § 409.26 LEGISLATNE CODE � � �� .:.,: -., ,, �� ,�.� of the same licensee for a violation listed in (g) Effect of responsible business practices in paragraph(b)above,the current appearance determining penalty. In determining the appro- shall be treated as a second appearance for priate penalty, the council may, in its discretion, the purpose of determining the presump- consider evidence submitted to it in the case of tive penalty. uncontested adverse actions or submitted to a hear- (2) If a licensee has appeared before the coun- ing examiner in a contested hearing upon which cil on two (2) previous occasions, both for �ndings of fact have been made that a licensee violations listed in paragraph(b)above, and has followed or is likely to follow in the future if said licensee again appears before the responsible business practices in regard to sales council for a violation listed in said para- to intoxicated persons and sales to minors. graph (b), and if the current violation oc- (1) For the purposes of service to intoxicated curred within thirty (30) calendar months persons, evidence of responsible business of the violation that gave rise to the first practices may include,but is not limited to, appearance before the council,then the cur- those policies, procedures and actions that rent appearance shall be treated as a third are implemented at time of service and that: appearance for the purpose of determining presumptive penalty. a. Encourage persons not to become in- toxicated if they consume alcoholic bev- (3) If a licensee has appeared before the coun- erages on the defendant's premises; cil on three(3)previous occasions, each for b. Promote availability of nonalcoholic bev- violations listed in paragraph(b)above, and erages and food; if said licensee again appears before the c. Promote safe transportation alternatives -- council for a violation listed in paragraph other than driving while intoxicated; ;:rY (b) above, and if the current violation oc- d. Prohibit employees and agents of de- ':`==�>�� `:,.:.wy.:. curred within forty-eight(48)calendar months fendant from consuming alcoholic bev- '�-�� of the violation that gave rise to the �rst erages while acting in their capacity �- appearance, then the current appearance as employee or agent; shall be treated as a fourth appearance for e. Establish promotions and marketing the purpose of determining the presump- efforts that publicize responsible busi- tive penalty. ness practices to the defendant's cus- (4) Any appearance not covered by subsections tomers and community; (1),(2)or(3)above shall be treated as a first f. Implement comprehensive training appearance. In case of multiple violations procedures; in any appearance, the date to be used to g• Maintain an adequate, trained number measure whether eighteen (18), thirty (30) oF employees and agents for the type or forty-eight(48)months has elapsed shall and size of defendant's business; be the date of the violation last in time at h. Establish a standardized method for the first appearance, and the date of the hiring qualified employees; and violation first in time at any subsequent i. Reprimand employees who violate em- appearance. ployer policies and procedures. (� Other penalties. Nothing in this section shall �2) For the purposes of service to minors, evi- restrict or limit the authority of the council to dence of responsible business practices may suspend up to sixty (60) days, revoke the license, include, but is not limited to, those listed or impose a civil fine not to exceed two thousand in subsection(1)and the following: dollars ($2,000.00), to impose conditions or take a. Management policies that are imple- any other adverse action in accordance with law, mented at the time of service and that provided,that the license holder has been afforded ensure the examination of proof of iden- an opportunity for a hearing in the manner pro- tification (as established by state law) <,� ��.-� vided for in Section 310.05 of this Code. for all persons seeking service of alca �-;:;�;:;��, Supp.No.10 �:�°:�ii'�' i': y �� . 2196.2 _. . . ��-/a�sz LICENSES $ 40926 �� holic beverages who may reasonably be suspected to be minors; b. Comprehensive training of employees who are responsible for such examina- tion regarding the detection of false or altered identi�cation. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § �_ 14, 6-8-89; Ord. No. 17675, § 1, 8-22-89; Ord. No. 17694, § 2, 11-7-89) � .u�r": . ��.�?�3 � ',-� .-�;:.-� R�ti?% "��:;�: Supp.No.10 2196.2.1 . . � . � 9 J --,�U�-� City�bf ��t: Aau'1 .VS. Limeiiqhr Inc. , U Jescrco Inc d/b/a EveryIb ` ' . .,�.� ', f;L�MfTII�� R��l g t .�� § 310.01 f,a�4-' City's �xhiblt ,#�:. SUBTITLE A. IN GENERAL � Legislative Code Chapter 310. Uniform License Procedures Class I Licenses Chapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter, any chapter of Distributing 316 . the Legislative Code pertaining to licenses as here- Amusement Rides 317 inafter mentioned, and subsequently enacted ordi- Mechanical Amusement Devices 318 nances establishing or relating to the requirements Bill Posters 319 for Class I, Class II and Class III licenses under Bituminous Contractors 320 authority of the City of Saint Paul, the terms Boarding and Roominghouses; defined in this section shall have the meanings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Christmas Tree Sales 323 Adverse action means the revocation or suspen- Cigarettes 324 sion of a license, the imposition of conditions upon Close-Out Sales 325 a license,the denial of an application for the grant, . Building Contractors 326 issuance, renewal or transfer of a license, and Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action taken plants;Laundries 327 with respect to a license,licensee or applicant for Electrical and Appliance Repair 328 �'�. a license. Fire Alarm—Telephone Devices; Bond means a bond meeting the requirements Apparatus Installers 329 �` � of Section 310.07 and indemnifying the City of Florists 330 *�" Food License 331 Saint Paul against all claims,judgments or suits caused by, resulting from or in connection with Fuel Dealers—Liquid Fuel 332 any licensed business, activity, premises, thing, Fuel Dealers—Solid Fuel 333 facility, occurrence or otherwise under these Fumigating—Pest Control 334 chapters. Gasoline Filling Stations 335 Private Fuel Pumps 336 Building official means the supervisor of code Hardware Stores 337 enforcement in the department of community House Sewer Contractors 338 services. Ice Cream Processing and Distrib- uting 339 Chapters and these chapters shall mean this Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk 341 . Legislative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 for Class I, Class II and Class III licenses under Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licenses means those licenses which can Radio and Television Repairs 348 � be approved and issued or denied by the inspec- Rental of Clothing 349 tor, subject to the prceedures required by these �ntal of Hospital Equipment 350 chapters.The following licenses are so classified, Rental of Kitchenware 351 and the numbers shown opposite them correspond Rental of�ailers 352 to the chapters in the Legislative Code pertaining �ller Rinks 353 �� to each license: Sanitary Disposal 354 �� `�;;..,�*•",_�"s' Supp.No.9 2027 • � � • 4 � r § 310.01 LEGISLATIVE CODE f`"��°: . (��.�.� � . . , � , •'Y � a��a��J .... . . . . ��+{i.. Legislative Legislative Code Code Class I Licenses Chapter Class III Licenses Chapter Secondhand Dealers 355 Auctioneers 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 _ Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 Game Rooms 406 Tow�Yucks—Service Vehicles 361 Hotel 407 1�ee Trimming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Masseuse 414 Building ZYades Business Licenses 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Parking Lots 417 - Finishing Shop 371 Taxicabs 376 Tire Recapping Plants 372 Gambling License 419 ,;��. a ;x *: ZYansient Merchants 373 �� - Director means the director of the department Class II licenses means those licenses which of finance and management services, unless oth- ��'J must be approved or denied by the director, sub- erwise defined in the spec�c chapter, section or ject to the procedures required by these chapters. subdivision referred to. The following licenses are so classified, and the Division means the division of license and per- numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to �it administration in the department of finance each license: and management services. � Legislative Fee means and includes both the license fee Class II Licenses Code and application fee unless otherwise provided. Auctioneers—Short Chapter 390 License means and includes all licenses and Term License permits provided for or covered by these chapters. City Gambling Permit Section 402.06 Person means and includes any person, firm, Soliciting Funds—Tag Days Chapter 391 corporation, partnership, company, organization, Temporary On-Sale Beer Section 410.10 agency, club or any group or association thereof. Temporary Wine and Liquor Section 40925 It shall also include any executor,administrator, Class III licenses means those licenses which trustee, receiver or other representative appointed can be approved or denied only by the council, by law. subject to the procedures required by these chap- Zoning administrator means the supervisor of ters. The following licenses are ao classified, and code enforcement in the department of commu- the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: ��. �� . �..,�, � ; Y F Supp.No.9 ��__,.�' 2028 . . ��,�� `�`:<=:�'� LICENSES §310.02 y��,� _ ,,;�.Yu: `,�Y��4 nity services, or the official charged with respon- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, § 510.01;Ord.No. 17303, § 3, 10-29-85; in subsection (1) above, the license may be re- Ord. No. 17569, § 1, 6-7-88) , voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- - (a) Form. All applicants for licenses or permits ted by each applicant in his application, in addi- " issued pursuant to these chapters shall make both tion to that required by specific sections in these original and renewal applications to the inspector chapters, as may be necessary to carry out and on such forms as are provided by the division. enforce any provision hereunder. He shall require Such applications shall not be received by the in every case the applicant to submit his name; inspector until completely filled out, accompanied business or corporate name; names of partners, by all fees, insurance policies, bonds, deposits, officers,directors,shareholders or trustees involved sureties, and indemnifications or certificates re- in the business; age; address; description or blue- quired by these chapters, together with the certi- print of the premises,if any,and the owner thereof, fication required in paragraph(b)below. and locations and addresses of other business lo- cations in Minnesota. (b) Taxes. No person shall be granted a license, a renewal of a license or transfer of a license (d) No reapplication within one year after de- required by the Saint Paul Legislative Code un- nial or revocation. No person may apply for any less, prior to and in addition to any other require- license within one year of the denial or revoca- — ments,rules or ordinances heretofore or hereafter tion of the same or similar license by the city r--;=�:;=�- required,the Ramsey County Department of Prop- council, if such denial or revocation was based �, _. '"� a erty Taxation certifies that said applicant has solely or partially upon misconduct or unf tness �•.4.:Y%:c:p.. `�=�x` paid any and all taxes, real or personal, before of the applicant, evidence of violations of law in- said taxes become delinquent, on any property, volving licensed premises, evidence that the ap- real or personal,situated within the City of Saint plicant had been involved in the operation of a Paul and used in connection with the business nuisance, or fraud or deception in the license ap- operated under said license. plication. Denial of a license, as used in this para- graph, shall include a refusal of permission to Notwithstanding the previous paragraph, the transfer a license to the applicant. A license is council, the director or the inspector may issue, "similar," within the meaning of this paragraph, renew or transfer a license if it is found that: if the basis upon which the revocation or denial of the original license was made would have been a (1} The applicant has made an agreement sat- relevant basis on which to deny or revoke a li- isfactory to the Ramsey County attorney to cense of the type subsequently applied for. pay delinquent taxes in periodic installments; (e) Reapplication after denial; "interest" of ap- (2) The applicant has properly commenced a plicant in reuoked license. An application by a proceeding to contest the amount of tax person having an interest in,or whose sharehold- due or the valuation of his property, and ers or officers have an interest in, any premises has made all partial payments required by or enterprise whose license has been revoked or law in connection with such proceeding; or to which a license has been denied shall be treated (3) The business property with respect to which as an application by the person whose license was taxes are delinquent is not owned by the denied or revoked. The term "interest," as used applicant, but by a lessor, and it would be in this paragraph, includes any pecuniary inter- inequitable to require the lessee to pay such est in the ownership, operation, management or _f,=-�.�. taxes. profits of an establishment, but does not include: ;�- _ _; t A� :_ ; �`�=�j Supp.No.4 2029 , � � . q:310.0`L LEGISLATNE CODE '�a �;;� �. ��a c-�,_::�a�:7 .,;d bona fide loans; bona fide rental agreements;bona priate, the assistance of other city divisions or fide open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- ble ordinances and statutes.The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for _ or operating a hotel but having at least one hun- issuance of a license unless otherwise required by - dred fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exceptiorc. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the building official for investigation and recom- lg) Waiting period aftc�r filing of petition. Any mendation. petition required to be filed with the application �Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) for any license shall not be considered as offic- ially filed and irrevocable until seven(?)working days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recommenda- - o�ce. During the seven-day waiting period, any tions. signator of any petition may withdraw his name �`�°"^• (a) Class 1 licenses. Where an application for �`-#�.�=='s therefrom by written request, and such request ,,=�� the grant,issuance,renewal or transfer of a Class �,�ti'�;� shall be appended to the subject petition and made ��' I license meets all the requirements of law, and a part thereof. After the seven-day waiting peri- there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is suspension of,or the imposition of conditions upon, shown they were obtained by fraud or duress. such license,the inspector shall grant,issue,renew Signatures withdrawn or obtained by fraud or or transfer said license in accordance with the duress shall not be counted in determining the application. sufficiency of the petition. This subdivision shall apply in any case where the applicant for a li- (b) Class II licenses. Where an application for cense or license transfer must present a state- the grant,issuance,renewal or transfer of a Class ment in writing signed by a speci�ed number or II license meets all the requirements of law, and percentage of persons that they have given their there exists no ground for denial, revocation or consent to the grant of the license or license transfer. suspension of,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in accordance with the application. applications,etc. (c) Class 1 and Class II licenses, if denied by The inspector shall determine the suff'iciency inspector or director. In the event the inspector, and accuracy of each new application and obtain in the case of Class I licenses, or the director, in such criminal history information as may be used the case of Class II licenses, determines that the under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- otherwise available by law. The inspector shall fer,of the license does not meet all the require- make reasonable and appropriate investigation ments of law or that there exist grounds for deni- of the premises or personal property, vehicles or al,revocation,suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector G � licensed activity, and shall request, where appro- or director shall recommend denial of the applica- � '� .�#�.s�..,., .;,�:� Supp.No.4 2030 . � ._ . �0-/05� 5;�;�f�.�� LICENSES §310.05 i `�•r ,;3 ` �.�y 'a` �':a:�>�.,. tion and follow the procedures for notice and hear- determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay the issuance�of the license. (d) Class III licenses. Upon receipt of a fully (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; completed application and required fees for a Class Ord. No. 17551, § 1,4-19-88) III license, and after the investigation required, � the inspector shall notify the council. A public - hearing shall be held by the council's committee �c. 310.05. Hearing procedures. • designated to hear license matters on the grant, (a) Adverse action; notice and hearing require� issuance or transfer of all Class III licenses. The ments. In any case where the council may or in- council's committee designated to hear license mat- tends to consider any adverse action, including ters may hold a hearing on the renewal of any the revocation or suspension of a license, the im- Class III license. In any case where the inspector position of conditions upon a license,or the denial recommends denial of the grant, issuance,renewal of an application for the grant, issuance,renewal or transfer of a Class III license, or where the or transfer of a license the applicant or licensee council's committee designated to hear license mat- shall be given notice and an opportunity to be ters believes that evidence might be received at heard as provided herein. The council may con- the public hearing which might result in action sider such adverse actions when recommended by adverse to the application, the inspector or coun- the inspector, by the director, by the director of cil's committee designated to hear license mat- any executive department established pursuant ters shall follow the procedures for notice and to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. Where the or on its own initiative. application for the grant, issuance, renewal or ""`` transfer of a Class III license meets all the re- �) Notice. In each such case where adverse ac- ��'�� quirements of law,and where there exists no ground tion is or will be considered by the council, the � for adverse action,the council shall by resolution applicant or licensee shall have been notified in direct that the inspector issue said license in ac- writing that adverse action may be taken against cordance with law. the license or application, and that he or she is entitled to a hearing before action is taken by the (e) Appea� Class I or Class II licenses. An ap- council. The notice shall be served or mailed a peal to the city council may be taken by any reasonable time before the hearing date, and shall person aggrieved by the grant, issuance,renewal state the place,date and time of the hearing. The or transfer of a Class I or Class II license; provid- notice shall state the issues involved or grounds ed,however,that the appeal shall have been filed upon which the adverse action may be sought or with the city clerk within thirty (30) days after based.The council may request that such written the action by the license inspector or director. notice be prepared and served or mailed by the The only grounds for appeal shall be that there inspector or by the city attorney. has been an error of law in the grant, issuance, renewal or transfer of the license. The appeal (c) Hearing. Where there is no dispute as to the shall be in writing and shall set forth in particu- facts underlying the violation or as to the facts lar the alleged errors of law. The council shall establishing mitigating or aggravating circum- conduct a hearing on the appeal within thirty(30) stances,the hearing shall be held before the coun- days of the date of filing and shall notify the cil. Otherwise the hearing shall be conducted be- licensee and the appellant at least ten (10) days fore a hearing examiner appointed by the council prior to the hearing date. The prceedures set forth or retained by contract with the city for that pur- in Section 310.05, insofar as is practicable, shall Pose. The applicant or the licensee shall be pro- apply to this hearing.Following the hearing, the vided an opportunity to present evidence and ar- council may affirm or remand the matter to the gument as well as meet adverse testimony or inspector or director,or may reverse or place con- evidence by reasonable cross-examination and re- ,��'_� ditions upon the license based on the counciPs buttal evidence.The hearing examiner may in its ¢�;�u�,;� �.�� . Supp.No.8 . 2031 � Y"• ' • §310.05 LEGISLATNE CODE �' ..AZ�a t�:: a �r S: y��.r� V . t�_Z,�T4,'YY.r. a_:.,.:: discretion permit other interested persons the op- (fl Council action; resolution to contain findings. portunity to present testimony or evidence or oth- Where the council takes adverse action with re- erwise participate in such hearing. spect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing cense,the resolution by which such action is taken examiner shall hear all evidence as may be pre- shall contain its findings and determination, in- sented on behalf of the city and the applicant or cluding the imposition of conditions, if any. The _ licensee, and shall present to the council written council may adopt all or part of the findings, con- findings of fact and conclusions of law, together clusions and recommendations of the hearing ex- with a recommendation for adverse action. aminer, and incorporate the same in its resolu- tion taking the adverse action. The council shall consider the evidence contained in the record,the hearing examiner's recommended �'� Additional procedures where required Where findings of fact and conclusions, and shall not the provisions of any statute or ordinance require consider any factual testimony not previously sub- additional notice or hearing procedures, such pro- mitted to and considered by the hearing examin- visions shall be complied with and shall super- er. After receipt of the hearing examiner's �nd- sede inconsistent provisions of these chapters.This ings,conclusions, and recommendations,the council shall include,without limitation by reason of this shall provide the applicant or licensee an oppor- specific reference, Minnesota Statutes, Chapter tunity to present oral or written arguments alleg- 364 and Minnesota Statutes, Section 340A.415. ing error on the part of the examiner in the appli- (h) Discretion to heaa-notwitlzstanding withdrawal cation of the law or interpretation of the facts, or surrender of application or license. The council - and to present argument related to the recom- may, at its discretion,conduct a hearing or direct � mended adverse action. Upon conclusion of that that a hearing be held regarding revocation or �4�,, !� � � �� hearing, and after considering the record,the ex- denial of a license, notwithstanding that the ap- ��,3;� aminer's findings and recommendations, together plicant or licensee has attempted or purported to '�-��;�� with such additional arguments presented at the withdraw or surrender said license or application, hearing,the council shall determine what,if any, if the attempted withdrawal or surrender took adverse action shall be taken, which action shall place after the applicant or licensee had been be by resolution.The council may accept,reject or notified of the hearing and potential adverse action. modify the findings, conclusions and recommen- dations of the hearing examiner. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a (c-2) Ex-parte contacts. If a license matter has license or other disciplinary action involving a been scheduled for an adverse hearing, council license has been scheduled before the council, a members shall not discuss the license matter with continuation of the hearing may be granted by each other or with any of the parties or interested the council president or by the council at the persons involved in the matter unless such dis- request of the licensee, license applicant, an in- cussion occurs on the record during the hearings terested person or an attorney representing the of the matter or during the council's final delib- foregoing, upon a showing of good cause by the erations of the matter. party making the request. (d) Licensee or applicant may be represented ' (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; The licensee or applicant may represent himself Ord.No. 17559, §§ 1,2,5-17-88;Ord.No. 17659, § or choose to be represented by another. 1, 6-13-89) (e) Recora�evidence The hearing examiner shall Sec. 310.06. Revocation; suspension; adverse receive and keep a record of such proceedings, actions;imposition of conditions. including testimony and exhibits, and shall re- ceive and give weight to evidence, including hear- �a) Council may take aduerse action. The coun- say evidence, which possesses probative value com- cil is authorized to take adverse action,as de�ned monl acce ted b reasonable and rudent er- in Section 310.01 above, against any license or ��; y P y p P permit, licensee or applicant for a license, as pro- "'''W x" sons in the conduct of their affairs. ;,y:.;;r� . �:�:�:� Supp.No.8 2032 _.- �v-/�z f ,�`�:��;, LICENSES §310.06 ��y,��:� � r�� _��r�.�' vided in and by these chapters. Such actions shall formed his work or activity in an unsafe be initiated and carried out in accordance with manner. the procedures outlined in Section 310.05. (g) The licensed business,or the way in which (b) Basis for action..Such adverse action may said business is operated, maintains or per- be based on one or more of the following reasons; mits conditions tliat unreasonably annoy, which are in addition to any other reason-specifi- injure or endanger the safety,health, mor- _ cally provided by law or in these chapters: als, comfort or repose of any considerable - (1) The license or permit was procured by mis- number of inembers of the public. representation of material facts, by fraud, (9) Failure to keep sidewalks or pedestrian ways by deceit or by bad faith. reasonably free of snow and ice as required (2) The applicant or one acting in his behalf under Chapter 114 of the Saint Paul Legis- made oral or written misstatements or mis- lative Code. representations of material facts in or ac- (10) The licensee or applicant has shown by past companying the application. misconduct, unfair acts or dealings, or by (3) The license was issued in violation of any the frequent abuse of alcohol or other drugs, of the provisions of the Saint Paul Zoning that such licensee or applicant is not a per- Code. son of the good moral character or fitness required to engage in a licensed activity, (4) The license or permit was issued in viola- business or profession. tion of law, without authority, or under a (c) Imposition of reasonable conditions and/or material mistake of fact. restrictions. When a reasonable basis is found to �:�-.''�,, :�'�;��'�.`-: (5) The licensee or applicant has failed to com- impose reasonable conditions and/or restrictions '"`��'�' ply with any condition set forth in the li- upon a license issued or held under these chap- !"`' cense, or set forth in the resolution grant- ters, any one or more such reasonable conditions ing or renewing the license. and/or restrictions may be imposed upon such li- (6) (i) The licensee or applicant (or any per- cense for the purpose of promoting public health, son whose conduct may by law be im- safety and welfare, of advancing the public peace puted to the licensee or applicant)has and the elimination of conditions or actions that violated,or performed any act which is constitute a nuisance or a detriment to the peace- a violation of, any of the provisions of ful enjoyment of urban life,or promoting security these chapters or of any.statute, ordi- and safety in nearby neighborhoods. Such reason- nance or regulation reasonably related able conditions and/or restrictions may include or to the licensed activity, regardless of Pertain to,but are not limited to: whether criminal charges have or have (1) A limitation on the hours of operation of not been brought in connection there- the licensed business or establishment, or with. on particular types of activities conducted (ii) The licensee or applicant has been con- in or on said business or establishment; victed of a crime that may disqualify said applicant from holding the license �2) A limitation or restriction as to the loca- in question under the standards and tion within the licensed business or estab- procedures in Minnesota Statutes,Chap- lishment whose[sic]particular type of activ- ter 364. ities may be conducted; (7) The activities of the licensee in the licensed �3) A limitation as to the means of ingress or egress from the licensed establishment or activity create or have created a serious its parking lot or immediately adjacent area; danger to the public health, safety or wel- `,�� fare, or the licensee performs or has per- ��,�� ,t� ��a�� Supp.No.8 2032.1 §310.06 LEGISLATIVE CODE +-',�.�-X� `�:'":�';'�&� ;;�:. (4) A requirement to provide off-street park- acts or omissions of agents, brokers, employees, ing in excess of other requirements of law; attorneys or any other persons as a defense or (5) A limitation on the manner and means of Justification for failure to comply with such filing and maintenance requirements. In the event the advertising the operation or merchandise licensee reinstates and files such policies, depos- of the licensed establishment; its,bonds or certifications within thirty(30)days, _ (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the character of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the licenseholder,or may recommend the imposition of such conditions as an adverse action against the license or licen- ses; the director has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the licenseholder, or upon any class of license - . as an adverse action against the license or licen- ses following notice and hearing as may be re- '� � ;r-�. quired. Such conditions may be imposed on a li- �,,,�� cense or licenses upon issuance,renewal or transfer ``"'°�' ,_.�.. thereof,or upon and as part of any adverse action against a license or.licenses,including suspension. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89) Sec. 310.07. Termination of licenses; surety bonds;insurance contracts. � (a) Automatic termination, reinstatement; re- sponsibility of licensee All licenses or permits which must,by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees,bonds or certifications shall automati- cally terminate on cancellation or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The li- censee is liable and responsible for the filing and maintenance of such policies,deposits,guarantees, bonds or certifications as are required in these chapters, and shall not be entitled to assert the .,�4Y.. �4 . . �.+ero*+v-�'" Supp.No.8 "�` 20322 � , �0'/�SZ `?"~� LICENSES §310.09 ,,�z � the license is automatically reinstated on the same (d) Expiration date to be concurrent with term terms and conditions, and for the same period as of license or permit The expiration date of all originally issued. After thirty (30) days, the ap- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his license shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: (Code 1956, § 510.07) _ (1) Surety Companies: All surety bonds rur_- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be writ- (a) All licenses or permits shall be valid for a ten by surety companies authorized to do Period of one year from the date of issuance by business in the State of Minnesota. All in- the inspector, except as otherwise provided herein surance policies required by these chapters ar in these chapters or in cases of revocation, shall be written by insurance companies suspension or termination under Section 310.06. authorized to do business in the State of (b) Licensees may continue to operate their busi- Minnesota. ness after the expiration date of their license; provided, that the licensee has filed with the in- (2) Approved as to Form: All bonds filed with spector on or before the expiration date the ap- the City of Saint Paul in connection with propriate license application, license fees, insur- the issuance of licenses for whatever pur- ance and bonds. The inspector shall process the pose, and all policies of insurance required renewal application in the manner provided for to be filed with or by the City of Saint Paul in this Code. - in connection with the issuance of licenses for any purpose whatscever, shall first be �c) Whenever any licensee is the holder of the :��,:�� two(2)or more licenses of the Cit of Saint Paul ��.�� approved as to form by the city attorney. y -�� which expire on different dates, the inspector is -y (3) Uniform Endorsement: Each insurance pol- authoriaed, at the request of the licensee, to de- icy required to be filed pursuant to these termine a uniform date for the expiration of all or chapters shall contain the endorsement set any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Paul Legis- ��d expiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these chap- heretofore or hereafter enacted. The provisions ters shall be conditioned that the licensee hereof shall govern the issuance of any new li- shall observe all ordinances and laws in cense to one already holding a license. relation to the licensed activity, business, premises or facilities and that he shall con- �d) In order to conform to the foregoing provi- duct all such activities or business in con- sions, new licenses may be issued for a term of formity therewith. Such bonds shall also less than one year, and the license fee therefor indemnify the City of Saint Paul against $hall be prorated for the period of issuance. all claims, judgments or suits caused by, (Code 1956, § 510.08; Ord. No. 17360, § 1,6-5-86) resulting from or in connection with the �c. 310.09. Fees. licensed business, premises, activity, thing, facility, occurrence or otherwise licensed �a) Application charge: under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination of bonds and insurance required Code,each applicant shall pay, at the time by city. Termination of bonds and insurance re- of filing, a two dollar fifty cent($2.50)pro- quired to be�led with the city pursuant to these cessing charge for each and every applica- chapters shall be in accordance with the require- tion for a license or permit to be issued by �y, ments of Chapter 8 of the Saint Paul Legislative the inspector, director or council of the City �` ''�"� Code. ;��;;��:� of Saint Paul. �,. . • 2033 §310.09 LEGISLATIVE CODE � � r'hR�y� (2) Refunds: Said two dollar fifty cent ($2.50) met when the license has lapsed by reason of processing charge shall not, under any cir- expiration. cumstances,be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee schedule. The council may by ordinance �c. 310.10. Refunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de- ' these chapters, and a separate fee schedule for niec�service charge. Unless otherwise specifically applications for such licenses and permits, which provided by the particular licensing provisions may include fees to cover costs incurred by reason involved, where an application for any license is of the late filing. Such fees, in either schedule, withdrawn or denied, the inspector shall refund shall be reasonably related to the costs of admin- to the applicant the license fee submitted less a istration incurred in connection with each such service charge to recover in part the costs incurred application, license or permit. Costs of adminis- in processing the application in the amount of tration shall mean and include,but without limi- twenty-�ve(25)percent of the annual license fee. tation by this speci�cation, both direct and indi- rect costs and expenses, such as salaries, wages, �� Limitation on refunc� other cases. In all other bene�ts and all personnel costs including train- cases as provided in paragraph (c), the inspector ing, seminars and schooling, expenses of investi- may refund not to exceed one hundred dollars gations and inspections, handling of inquiries and «100.00) of fees received in connection with any requests for assistance, telephone and communi- license, permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the - office capital equipment and all office supplies. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and sonable costs of administration incurred up to �.<�, that time in connection with said license, permit ��'"� posted in the office of the inspector shall super- �- ' sede inconsistent fee provisions in these chapters or application. The director may refund not to ��;�� or in other ordinances or laws. exceed two hundred fifty dollars($250.00)of such fees upon a like certi�cation by the inspector. (c) Fee for one year; may be prorated Unless The council may by resolution authoriae all re- otherwise specifically provided,the license fee stated funds upon a like certi�cation by the inspector. is for a period of one year. Such fee may be pro- (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of less (b)may be made to the licensee or his estate: than a year. (1) Where the place of business of the licensee (d) Late fee. Unless otherwise specifically pro- or his principal equipment is destroyed or vided by the particular licensing provisions in- so damaged by fire or any other cause that volved, an applicant for the renewal of a license the licensee ceases for the remainder of the who makes application for such renewal after the licensed period to engage in the licensed expiration date of such license shall be charged a activity or business; late fee for each such license.The late fee shall be �2) Where the business or licensed activity ceases in addition to any other fee or payment required, by reason of the death or illness of the and shall be ten(10)percent of the annual license licensee or the sole employee or manager; fee for such license for each thirty-day period or portion thereof which has elapsed after the expi- or ration date of such license. The late fee shall not (3) Where it has become unlawful for the li- exceed�fty(50)percent of the annual license fee. censee to continue in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion,denial or any criminal activity on the ance of an original license than would be the case part of the licensee. for mere renewal, those requirements must be (Code 1956,as amended, § 510.10) �t = 'I^t F . ��d��yi"�. 2034 ., . �� .�..��,..x..�,�..--..�.,..,,�..-_...'.,.a . � . . ��/osz. r 'h��`-; LICENSES §310.11 t'�I'�'��F� ��"y'`�,-w.:. �� Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a priailege, not property. A11 licen- any transfer of license is made effective by the ses or permits issued by the City of Saint Paul action of approving the transfer. pursuant to these chapters or other ordinances or (fl Transfer, definition. "Transfer," as used in laws confer a privilege on the licensee to engage these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person,or from place to place,or a transfer - not constitute property or property rights or cre- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- °°�ansfer," as used in these chapters, shall not tached,executed upon,assessed or in any manner include the instance where a license is held by an taken for the purpose of satisfaction of any debt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All licen- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be trans- individual or by the members of said partnership. ferable unless the specific chapter of the Saint (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each specific catiorc. In the case of a transfer from person to license shall specifically prohibit the transfer of person, the application for transfer shall be ac- such license. No transfer of any Class III license companied by a written assignment of all rights issued by the City of Saint Paul shall be effective of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public hearing and in form required of an original licensee. �'� by the council's committee designated to hear li- '`i`��`� �v�4�.;�; cense matters and a resolution approving said (h) Public corporations. Notwithstanding other �. transfer is assed a roved and ublished. Both provisions of this cha ter ublicl owned cor o �'i`=4�; PP P -�x� P � P , P Y P - the transferor and transferee shall make applica- rations whose stock is traded in the open market tion for transfer of a license on such forms as may may comply with the transfer requirements per- be prescribed by the division, and in accordance taining to stock ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer tax. In all cases of transfer of a and addresses of all stockholders of record upon license from a present licensee to any other per- each renewal of the license. son, there shall be a tax on said transfer in the (i) A�davit of transferor. No license transfer amount of twenty-�ve (25) percent of the annual shall be effective unless the transferor submits license fee charged for said license, said tax to be an affidavit of such transferor,taken under oath, paid by the transferee. stating the following: (d) Transfer tax; deposit retained or returned (1) That in the case of Class III licenses, the Whenever an application is made for transfer of a transferor-affiant has posted notice to all license, the amount as set out in paragraph (c) employees in a conspicuous place on the shall be deposited with said application. If the licensed premises notifying all employees transfer of license is approved,the amount depos- of the time,place and date of hearing of the ited shall be retained by the city.If the transfer is transfer of the license to be held before the denied,the amount deposited shall be returned to Saint Paul City Council; the party depositing the same,in accordance with (2) That said notice specified in subparagraph the requirements and conditions in Section 310.10. (1)above was posted continuously for four- (e) Transfer ta� exception. Paragraphs (c) and �en(14)days; (d)shall not apply in any case when,by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full annual li- owing the persons employed by the trans- �`:�:�� censee fee or a prorated yearly annual license fee feror or that an agreement has been reached .>.,�� , �� - s Y' Supp.No.4 2035 $310.11 LEGISLATNE CODE �4� � �.,��, ' � ;��,'�� between transferor and all employees as to (Code 1956, § 510.11;Ord.No. 16822,9-3-81;Ord. the payment of wages due and owing; No. 17551, § 3, 4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public 'or while being used or occupied for any pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health officer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (�Code 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. bene�ts. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) absence of this paragraph, the authorized repre- k`:��n�"'� sentative of the estate of the deceased licensee Sec. 310.14. Savings clause. ''��; .' may consent to and seek to transfer said license (a) If any provision in these chapters is held LL to the surviving spouse of the licensee.The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approval under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any ro� �e repeal of any ordinance by ihis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not nance) shall not affect or impair any act done, limited to, pension, hospitalization, medical and any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- ing or prosecution had or commenced in any mat- grams; provided, that any person or organization ter,prior to the date this ordinance became effec- objecting to a transfer because of failure to pay tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs shall shall remain in full force and effect to all intents file a written notice of objection with the license and purposes as if the repealed ordinances had inspector seven (7) days prior to the scheduled themselves remained in force and effect. Every public hearing on the transfer, and said notice such suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- tinued after repeal as though the repealed ordi- tor's claim. nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is prosecution which is based upon an act' done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent to „�..;.,,, license,handle all said licenses as Class III licenses. repeal of the repealed ordinances,shall be brought F �, :.. �._...,�.�� .��.�.._�Sr; `�_ Supp.No.4 2036 .� .� . �o,/o� z- ��.�� LICENSES §317.02 n.ti:':;.,,�.- .:<.r�s...,�r t.�1�,,��;� �;;�-;��' pursuant to and under the provisions of such re- or any city ordinance, shall be considered to be pealed ordinances as though they continued to be and treated as the act or conduct of the licensee in full force and effect. for the purpose of adverse action against all or (Code 1956, § 510.14) any of the licenses held by such licensee. To the extent this section is in conflict with Sections Sec. 310.15. Penalty. 409.14 and 410.09 of the Legislative Code, this Any person who violates any provision of these section shall be controlling and prevail;but shall _ chapters, or other ordinances or laws relating to not otherwise amend, alter or affect such sections. licensing, or who aids, advises, hires, counsels or (Ord.No. 17629, § 1, 1-31-89) conspires with or otherwise procures another to violate any provision of these chapters or other Chapters 311-314. Reserved ordinances or laws relating to licensing is guilty of a misdemeanor and may be sentenced in ac- SUBTITLE B. CLASS I LICENSES cordance with Section 1.05 of the Saint Paul Leg- islative Code. The term "person," in addition to the definition in Section 310.01, shall for the pur- Chapter 315. R.eserved* pose of this section include the individual part- ners or members of any partnership or corpora- Chapter 316.Animal Foods tion,and as to corporations,the officers,agents or Manufacturing and Distributing members thereof,who shall be responsible for the violation. Sec. 316.01. License required. – ,�{��i (Code 1956, § 510.15) No person shall engage in the business of the .s'�-#y;'i � �w i� manufacture ar distribution of animal foods in ,^ �.r�p Sec. 310.16. License fees,annual increases. Saint Paul without a license. ..�,�' Effective on January 1 of each calendar year, (Code 1956, § 384.01) all license fees, except building trades business license fees and fees for building trades certifi- Sec. 316.02. Fee. cates of competency, shall increase by the per- centage increase in the budget for the division of The fee required is forty-five dollars($45.00). license and permit administration of the depart- (Code 1956, § 384.02) ment of finance and management services. Prior to November 1 of each year, the director of fi- Chapter 317.Amusement Rides nance and management services shall file with the city clerk a notice of the percentage increase, �c. 317.01. License required. if any, in license fees. (Ord. No. 16885,2-11-82; Ord. No. 17059, 10-20-83; No person shall engage in the business of pro- Ord. No. 17303, § 4, 10-29-85) viding amusement rides,for charge,to the public in Saint Paul without a license. Sec. 310.17. Licensee's responsibility. (Code 1956, § 411.01) Any act or conduct by any clerk,employee,man- �c. 317.02. Fee. ager or agent of a licensee, or by any person pro- viding entertainment or working for or on behalf �e fee required is one hundred dollars($100.00) of a licensee, whether compensated or not,which for each lceation at which such person will oper- act or conduct takes place either on the licensed premises or in any parking lot or other area adja- 'Editor's note—The licenses under this chapter, derived cent to (or under the lease or control ofl the li- from§4 345.01-345.03 of the city's 1956 Code,were redesig- k�:� censed premises, and which act or conduct vio- nated as Class III licenses by Ord.No.17207,adopted Jan.32, l�� .=;� lates any state or federal statutes or regulations, 1985,and recodified as Ch.423. <;P Supp.No.7 2037 . �. . §317.02 LEGISLATNE CODE `��' � -'i� F:.�:�,:, ��:::;,+`;: ='�';u ate and maintain the business of providing such devices is seven hunclred fifty dollars ($750.00), rides. together with an additional fee of fifty dollars (Code.1956,'§ 411:02) ($50.00) for each machine other than music ma- ohines, coin-oper.ated television units, or :coin- Chapter 318.Mechanical Amusement�Devices operated amusement rides owned and operated by.the`licensee. _ Sec. 318.01. License required;definitions. (Code 1956, § 412.03; Ord. No. 16784, 4-30-81; - Ord. No. 16883, 2-11-82) No.person:sha'll own and allow to be operated for'business purposes any coin-operated mechani- Sec. 318.03. Application. cal amusement device without a license. A coin- The application shall include, in addition to operated mechanical amusement device is hereby �ther requii•ed information, a list of the locations defined as any machine which,upon the insertion �,here the applicant proposes to install and oper- of a coin, token or slug, operates or may be oper- ate such machines, the kind and number thereof, ated by the public for use as a game, entertain- and the address of the place where the machines ment or amusement, which amusement device are to be stored. All applications shall contain a contains no automatic payoff device for the re- statement of the list price of such machines. turn of money, coins, checks, tokens or merchan- (Code 1956, § 412.03) dise, or which provides no such pay-off by any other means or manner. The term "coin-operated �c. 318.04. License tags;no transfer;removal. mechanical amusement device" shall include so- _ called pinball machines; music machines; coin- (a) The licensee shall receive,in addition to the operated television units;motion picture machines; license, one annual license tag for each machine :x`� <,,.,.t;::,�; amusement rides, excepting those provided for he is licensed to own, which tag shall be displayed _- - ;�:� under Chapter 317,pertaining to amusement rides upon the machine in a prominent place. Such `'=�'�-" of the type used at carnivals; table shuffleboard license tags must be secured and aff`ixed to the games or similar games of amusement for which machines before machines are set up for opera- a fee is charged to players for the playing thereof; tion by the public. It shall be the responsibility of and all other machines which,by the insertion of licensee to obtain and affix such tags to said a coin or token, operate for the entertainment or machines. amusement of the player,except weighing machines. (Code 1956, §§ 412.01,412.02) (b) No license issued hereunder may be trans- ferred, but a machine with license tag affixed may be moved by the owner from one location to Sec. 318.02. Fee. another; provided, however, that the owner shall (a) Amusement rides. The fee required for li- notify the inspector in writing at least five (5) censes for coin-operated amusement rides shall days before the move to the new location, advis- be one hundred seventy-five dollars ($175.00) for ing him of the name and address of the new loca- ten (10) amusement ride machines or fewer, and tion; and, further provided, that in the event the" fifteen dollars($15.00)per machine for each amuse- inspector notifies the owner that the intended ment ride machines in excess of ten dollars($10.00). location is not properly licensed if a license is required, is in violation of zoning, health, fre or (b) Music machines; television. The fee required other codes,or is otherwise unlawfully existing or for licenses for music machines shall be twenty- operated, then the owner shall not move any ma- five dollars ($25.00) per machine; and for coin- chines to that location until the inspector advises operated television units shall be sixteen dollars that the illegality has been removed. ($16.00) per location regardless of the number of (Code 1956, § 412.03; Ord. No. 17134, 5-10-84) machines per location. (c) Other devices. The fee required for licenses ��° - for all other coin-operated mechanical amusement `��x��`'� F r:Y r� � �t..� l-j�Y Supp.No.7 "`� 2038 ��lo�z Cit�i�bf �t:"Pau� .v�. l.imetiqh� Inc. , u Jescrco Inc d/b/a Ev�ryk�ody's ' . §243.01 LEGISLATNE CODE ��e�l� �dt8: '�X g� .j�} ��:='�;, cft��s �xMin�t ,�,,,�._ ` � -_ � . . _ .. ,sa Chapter 243. Closing Hours Sec. 243.04. Revocation of licenses. Upon conviction for a violation of this chapter, Sec. 243.01. Closing hours. in addition to any other penalties which may be No premises licensed for the sale of both food imposed, all licenses of every kind or nature is- and intoxicating liquor and/or nonintoxicating malt sued by the City of Saint Paul to the person so liquor shall remain open for any business between convicted and under which the person so convicted . the hours of 1:00 a.m. and 5:00 a.m. and no per- conducts the business of selling food or liquor - son other than employees shall be permitted to shall be revoked by the city council. enter or remain upon the premises unless the (Code 1956, § 315.05; Ord. No. 16770, 3-12-81) operator has obtained a special food license pur- suant to Chapter 421. Chapter 244.Minors—Misrepresentation of (Code 1956, §§ 315.01, 315.02; Ord. No. 16770, Age;Possession of Liquor or Beer 3-12-81) Sec. 244.01. Misrepresentation of age. Sec. 243.02. Application of chapter. It shall be unlawful for any person under the It is the intent of this chapter to apply to those age of twenty-one (21)years to represent himself places only in which both food and intoxicating or herself as of the age of twenty-one(21)years or liquor and/or nonintoa�icating malt liquor are served, over that age, for the purpose of obtaining from any other person nonintoxicating malt liquor or and it shall not apply to places in which food intoxicating liquor,as the same are herein defined. alone is served. In the event the sale of food and (Code 1956, § 316.01; Ord.No. 17472, § 1,7-7-87) intoxicating liquor and/or nonintoxicating malt liquor by the drink is now or hereafter authorized ,::��. Sec. 244A2. Possession by persons under ;�=�-<-� in any place of business the proprietor may pro- �-';=;;�� twenty-one illegal. �:::�.zF,�� .- vide a room or rooms in which no intoxicating -.`�:;,-`:-. liquor or nonintoxicating malt liquor is served at It shall be unlawful for any person under the any time, and such room or rooms may remain age of twenty-one(21)years to have nonintoxicat- open for the service of food at all hours. Such ing malt liquor or intoxicating liquor, as the same room shall,however,be distinctly separated from are herein defined, in his possession for the pur- that part of the building in which intoxicating pose of consuming by him or any other person liquor or nonintoxicating malt liquor is served, under twenty-one(21)years of age. Possession by which part shall be entirely closed during the a person under the age of twenty-one (21) of any hours provided for in Section 243.01. noninto3ricating malt liquor or intoxicating liquor (Code 1956, § 315.03; Ord.No. 16770, 3-12-81) shall be prima facie evidence of intention to con- sume the same. (Code 1956, § 317.01; Ord. No. 17472, § 1, 7-7-87) Sec. 243.03. Places with sleeping accommoda- tions. Sec. 244.03. Definition. If any place of business is licensed to sell food The words "nonintoxicating malt liquor" and and intoxicating liquor and/or nonintoxicating malt the words"intoxicating liquor" are hereby defined liquor by the drink and also to provide sleeping to mean and include any distilled,fermented, spir- accommodations for the public, such place of busi- itous, vinous or malt liquid of any kind, potable ness may remain open at all hours for the pur- as a beverage, which contains an alcoholic con- pose of providing such sleeping accommodations tent in excess of one-half of one percent(liz of 1%) only but in all other respects such places shall be by volume. subject to the provisions of this chapter. (Code 1956, §§ 316.02, 317.02; Ord. No. 17472, § (Code 1956, § 315.04; Ord.No. 16770, 3-12-81) 1,7-7-87) . � .No.l �`d:".- SuPP _.. � 1744 ,.. . :l ' `�G. .;.'r: ! �r • .. . .. ,_! • /�� f�� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Jescrco, Inc. , dba Everybody's Bar Memorandum on Burden May 9, 1990 of Proof, Evidence and Municipal Power 1. Burden of Proof. (a) Preponderance of the Evidence. In a civil hearing concerning adverse action on liquor licenses, the City as the licensing authority must prove its case by a preponderance of the evidence. The City's evidence must lead the trier of fact to believe that it is more likely that its case is true than not true. See Civil Jury Instruction Guides, JIG II 70 G. If there is the slightest tipping of the scales in the direction of the City by credible evidence, then it has proved its • case. . It is not necessary in a civil case, as this is, to prove the case beyond a reasonable doubt. The criminal standard is not applicable here. The Minnesota Court of Appeals, in In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988) , said the following: "The burden of proof in Kaldahl 's criminal misdemeanor trial was different from the burden of proof in the administrative proceeding which resulted in the (administrative) order. . . . Unless otherwise provided by substantive law, the facts at issue in administrative hearinas and contested cases must be proven by "a preponderance of the evidence. " See Minn.R. 1400.7300, 1 . �� -/�z� subp. 5 (1985) ; In re Schultz, 375 N.W.2d 509, 514 (Minn. App. 1985) . " (Emphasis added. ) Also see In re Wana, 441 N.W.2d 488, 492 (Minn. 1989) , which reaffirmed the preponderance standard for administrative disciplinary hearings. The fact that no criminal complaint or charge was brought against the licensee does not bar this proceeding, nor is it relevant. In re Kaldahl, supra. Kaldahl makes it clear that the civil administrative proceeding may still go ahead even if the criminal charge has resulted in an acquittal for the defendant. (b) Substantial Evidence. In re Wana, 441 N.W.2d 488, 492 (Minn. 1989) , also makes clear that the decisions of the administrative agency must be supported by "substantial evidence on the record as a whole. " The findings of the AIJ in this case, and later those of the City Council, as in other license proceedings, must be supported by "evidence that a reasonable mind miaht accept as adequate, " in the context of the entire record. 441 N.W.2d at 492 . 2 . Hearsay Evidence. (a) Police Reports. Police reports which recite the personal observation and experiences of the police officers who wrote them are admissible in administrative hearings, and may support findings made by the administrative or quasi-judicial body which is holding the hearing. Sabes v. City of Minneapolis, 265 Minn. 166, 120 N.W.2d 871, 877- 78 (Minn. 1963) . This is an exception to the hearsay rule, based 2 � 90 -/�Sz- on the admissibility of the official records and reports of public officials. (b) Generallv. In Hagen v. State Civil Service Board, 282 Minn. 296, 164 N.W. 2d 629, 632 (1969) , the Minnesota Supreme Court stated in a case dealing with a challenge to evidence that a civil service board had admitted: "It is true that an administrative body acting quasi- judicially is not bound by strict procedural rules which circumscribe the action of a court, and that incompetent evidence is not fatal to its determination. " The Minnesota Supreme Court, while recognizing that hearsay evidence is admissible in administrative disciplinary hearings and that hearsay evidence alone might be sufficient to sustain a decision, holds that in most cases hearsay evidence alone will not be enough. In re Wana, 441 N.W.2d at 495. Minn. Stat. sec. 14 . 60, in providing for the evidence that may be received and heard by administrative agencies subject to the state APA, states in part: "In contested cases agencies may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. " Sec. 14. 60, subd. 1. 3 . Municipal Power. Municipalities in Minnesota have inherent, sweeping powers to regulate the sale of intoxicating liquor, and to issue and revoke such licenses pursuant to that authority and local ordinances. However, the authority vested in them is not limited by the ordinances they may choose to adopt, but springs from basic police 3 - � � ��-��s� powers. Countrv Liquors, Inc. v. City Council of the City of Minneapolis, 264 N.W.2d 821, 824 (Minn. 1978) ; Moskovitz v. Citv of Saint Paul, 218 Minn. 543, 16 N.W.2d 745 (1944) . The Court held in Moskovitz that the ordinances adopted by the city were not the sole source of the power to revoke, which power could arise under the police power or under (in Moskovitz) an applicable charter provision. Similar language as to the broad powers to regulate and deal with licensees can be found in Miller v. City of Saint Paul, 363 N.W.2d 806, 812 (Minn. App. 1985) ; Hymanson v. City of Saint Paul, 329 N.W.2d 324 (Minn. 1983) ; and Sabes v. City of Minneapolis, 265 Minn. 166, 120 N.W. 2d 871, 875 (1963) . Country Liquors, Inc. , supra, makes it clear that the scope of the discretion in licensing decisions given to municipalities is so broad that such decisions will not be overturned unless patently arbitrary and capricious. 264 N.W.2d at 826. Respectfully submitted this 9th day of May, 1990. JANE A. McPEAK CITY ATTORNEY �. Philip B. Byr Assistant City Attorney 647 City Hall 298-5121 Atty. Reg. No. 13961 4 �� These are true and exact copies of a management agreement on file in the License Division by Jescrco, Inc. for the On Sale Liquor License currently held by Limelight, Inc. DBA Everybody's at 369 Cedar Street: 6'��t/1 Y �1,� 11�-J Kris Van Horn License Enforcement Auditor � � � � � o Date �' � ca nr:.�an��,anf.�v,�.,n,^��,°�n�r..+�r�nn,^��rvtA,� �'�9�: J�`,F;�T�. QJALFi'd � �«-'!r.� F:�i;:�'�'PUS�i;—L"!YtiESUT.!1 ��. � � ��_�` �r;i'��TA riC�l�l�� F:i'�CGteiis9.E):PlRES F;i�.21,1VS1 u ��,� . � �'d'/osz' . _ ._. EXHIBIT J MANAGEMENT �GREEMENT � Cityi`of ��t; Pau] .�vs. Limeliqh� Z��• , u Jescr�co Inc d/b/a Everyhpdy's � . Ci t�� ate; �Wy 9. .2990 J . �x�i,i h i t .��.:.. . . , . _ ,. ., ',"« . . . . .. . 'P{". • .. .. �. ' .. .. � �� d-/�s� MANAGEMENT AGREEMENT BETWEEN LIMELIGHT , INC. � AND JESCRCO, IiJC. THIS AGREEMENT shall be effeetive as of April 1 , 1989 , and is between Limelight , Inc. ('�Limelight'� ) , a Minnesota corporation and Jescreo, Ine. ("Jescrco" ) , a Minnesota corporation: � WITNESSETH: WHEREAS, Limelight and Jescreo intend to enter into an Asset Purchase Agreement; WHEREAS, the Asset Purchase Agreement contemplates the transfer of the licenses issued by the City of St . Paul , including the entertainment , and on-sale ai�d Sunday liquor licenses; WHEREAS, the transfer of said licenses are subject to the approval of the City Council for the City of St. Paul; WHEREAS, Closing of the Asset Purchase Agreement has been set to occur within three (3) days of notification of the approval of the transfe� o� �he lieenses by the St. Paul City Council ; WHEREAS, Limelight des;.res to have certain services performed by Jescrco in its leased premises during the Pendaney o° the transfer proceedings and prior to the Closing of the Asset Purchase Agreement; and WHEREAS, Jes.crco agrees to perform tl,ese services for Limelight under the terms and conditio:�s set forth in this Agreement; NOiti' THEREFORE, in eonsideration of the mutual prom:ses set forth herein, it is a,s�,reed by and netween Limeligr.t and �escrco as follows: � �v r/�S� z . � � OPERATION OF BUSINESS A. Although Jesereo may operate the business in its own discretion, Jescrco shall and specifically agrees, in the operation of the business , to: 1 . Abide by and comply with all federal and - state laws and regulations and tc comply with all licensing and insurance requirements of the State of Minnesota, the ' .County of Ramsey and the City of St. Paul . 2. Pay all taxes and to conduct the liquor and restaurant business from the 1st day of April , 1989 to the 1st day of July, 1989 , during which time an application for a transfer of the requisite liquor licenses - from Limelight , d/b/a Everybody� s Lounge, is pending for approval before the City Council of the City of Saint Paul . � 3• Operate the business at 369 Cedar , known as "Everybody' s" , under the direction and control of Limelight and abide by and comply with all reasonable r•equests of Lime?ight because Limelight is the underlying license holder and bu�iness operator of said premises. �4. Obtain general business l.iability insurance , casualty and property insurance, dram shop insurance, workerts compensation insurance as required by state law and in such amounts as are agreed to by Limelight. Jescrco will name Limelight, d/b/a rverybody' s Lounge, as an additional insured on all policies and present evidence of said insurance in a reasonably agreeable form to Limelight , or its agent, prior to the signing and as a conditi�n prece- dent to the signing of this Management xgreement . -2- . . �v-/o5Z 5. Make all payments and assume all obliga- tions for any debt or expense it incurs during the course and period of this Management Agreement and indemnify and hold harmless Limelight, d/b/a Everybody' s Lounge, from the payment of the same. Jescrco shall be able to employ . its own employees and is responsible for the payment of all taxes , state insurance , state UC fund , 'wages, workerst com- pensation insurance on each employee and will hold harmless and indemnify Limelight , d/b/a Everbody� s Lounge, on any transaction or oecurrence that may arise in relation to that employee . 6. Pay all loan payments to Commercial State Bank and Lyle Eide (beginning April 15 , 1989) , all rent to the Towle Company (beginning April 1 , 1989) , and all utili- ties, each as they become due, during the course and period of this Management Agreement, and indemnify and hold Limelight harmless from paying the same. 7 . Not change the name of the establishment, change the telephone number or alter the establishment in any form or fashion during the eourse and pericd of the Management Agreement. � . . Notify Limelight, or its agents , immediately if a lawsuit ha� occurred , i° it has been contacted by City officials, zoning officer, or have been given any official notice of any kind or nature that may effect Limelight, or the establishment known as "Everybody� s Lounge" . Except for gross negligence or intentional acts proximately caused by Li:nelight, Jescrco shall be solel3� respcnsible and liable -�- . . � �d-/��5� . and shall indemnify and hold Limelight harmless for the payment of any and all sums, whether incurred by way of � judgment or settlement, that arise out of the use of the premises or operation of the business coarmonly known as "Everybody' s" during the period of April 1 , 1989 until the termination of this Management Agreement or the closing of the Purchase Agreement , whichever first occurs. Jescrco shall also pay, indemnify and hold Limelight harmless from �paying Limelight� s expenses , including reasonable attorneys ' fees , costs , disbursements and expert fees, incurred as a rssult of suits or threatened suits in which Limelight is named or threatened to be named as a Defendant. B. During the course and period of this Management Agreement, Jescrco shall have all rights, title and interest to the profits received as a result of the operation of the business. II . LICENSES Jescrco specifieally agrees to use its :,est e'ffort� to obtain all approvals and/or transfers of licenses necessary for the operation of the bar and restaurant busi- ness by July 1 , .19$9. III . , IIIVENTORY � That prior to the signing of this Management Agreement, Jeserco will purchase from Limelight, Inc. , for cash, all inventory of every kind and nature that is in a saleable condition at seventy-five pereent (75%) of Limelight' � cost. � � . �,i� -/�S� � �v. . MANAGEMENT FEE At the time of signing, Jeserco shall pay to Limelight the non-refundable sum of Five Thousand Dollars ��5,000) as and for the Management fee. If this �Agreement is extended pursuant to Paragraph V, then Jescrco shall pay _ to Limelight the non-refundable sum of One Thousand Dollars ($1 ,000) per month beginning on July 1 , 1989 as and for the ' management fee during the extension period. If the parties hereto consummate the sale of assets contemplated by this Agreement and the Asset Purchase Agreement, then all sums paid as and for the Management Fee shall be applied against the purehase price . If, for any reason, the sale of assets is not. consummated, __ then all sums paid as and for the Management Fee remain the property of Limelight and shall not be refundable . V. PAYMENT AT CLOSING An addition to the price of the inventory (Paragraph III) and the Management Fee (Paragraph IV) , Jescrco shall pay to Limelight, at the signing of this Agreement , the sum of Four Thousand Dollars ($�1 , 000) . This sum shall be applied against the purchase price and , if the � City of St . Paul denies the transfer of the liquor licenses or if the liquor licenses are not transferred, the Four Thousand Dollars shall be returned to Jescrco. VI . � TERM . The term of this Management A6reement is from April 1 , 198� to July 1 , 1989 or until the requisite licenses �. � ��/Oj2 are obtained by Jescreo. This Management Agreement shall be extended only upon the written consent of Limelight, whieh shall not be unreasonably withheld. Jescrco, Inc. recognizes and agrees that if the City Council for the City of Saint Paul , for any reason, turns down, cancels , or does not approve the transfer of the liquor and entertainment licenses from Limelight , to itself, or if it breaches this Agreement , or if the eontracting parties cannot agree on the final purchase agreement , then this Management Agreement will immediately be terminated by both parties. Jeserco further agrees that is will peacefully, without court action, tender the business at 369 Cedar, known as "Everybody� s Lounge" to Limelight, Inc . , and, that in the event Jescrco, Inc. refuses to leave or return the premises immediately to Limelight, Inc. or causes Limelight , Inc . to take eourt action for its removal or in any other way breaehes this Management Agreement, Jescrco will pay all of Limelightts expenses , including reasonable attorneys ' fees costs and disbursements , that are reasonable and necessary to accomplish the same. VII . CONTROL AND RIGHTS OF THE PARTIES The parties to this Agreement intend that the relation between them �created by this contract is tr�t of independent parties. No agen� , employee or servant of either of tne pa;ties hereto shall be deemed to be the . agent, employee or servant of the other part�•. This -6- . : 90�/�� Agreement does not create any interest in Jesereo in the real property owned by Limelight 369 Cedar, Saint Paul , Minnesota. VIII . BREACH In the event Jescrco breaches any of the above- stated terms and Limelight is sued or threatened to be sued, ' Jeserco will immediately hold harmless and indemnify Limelight and shall assume the cost of all defense and will reimburse Limelight for any reasonable expenditure , including reasonable attorney� s fees , and costs , and disbur- sements eaused as a result of that breach. Dated_ this�day of April , 1989 . LIMELIGHT , INC. D/B/A EVERYBODY'S LOUNGE ` �� BY� :�i��'�� , o �o Its: 7:� � �. , � JESC , INC. By: -��l/l /��-� Perr iller I�s: ��- . , . ` . . �� a'/0.�2 R E C E I P T ' The undersigned, Marie Glidewell, President of Limelight , Inc. , aeknowledges receipt of the sum of Four Thousand and no/100 Dollars ($�4 ,000) , from Jesse Miller and Perry Miller, representing the downpayment for the purchase of assets of Limelight, Ine . , d/b/a Everybody� s Lounge which are located at 369 � Cedar Street , Saint Paul , Minnesota. In event that the sale does not go through, Limelight , Inc. , d/b/a Everybody� s Lounge, shall � immediately refund to Jesse Miller and Perry Miller the said Four Thousand ($�I , 000) Dollar downpayment, plus interest accrued thereto. Dated: Cf'. L�� f�f , 1989 . LIMELIGHT, INC. ? ' Bs�:��t.u�/��,��;:r ..�..1/; Ma ie Glidewell Its: President �� /��- � These are true and exact copies of an application for a new On Sale Liquor License on file in the License Division by Jescrco, Inc. DBA Everybody's at 369 Cedar Street. Kris Van Horn License Enforcement Auditor � ( � I � � Date � � .,u�.�, .��.ti;� a �,ti,r�.�n^.r:�ti,+tir✓v�.`��°`u` ,� n,a- � ,�k`;f �i�b• ,�,d,�T A ��I,y\ESGT;1 ��' „�e ��TARDAKOTA COUATY �'� µY COMM.E�PIRES AU�.21,1� ■ ti ��R. -a � �� -/asz , Application No. Date Received By CITY OF SAINT PAIIL, MINNESOTA City�of ��t:` P�u; �vs, Limetiqhti I11C, , u �eSCrCO IRC�j�ATION FOR ON SALE INTO%ICATING LIQUOR LICENSE Everyb0uy'S ' SUDIDAY ON SALE iNTOXICATING LIQUOR LICENSE F'eawtrr� Gate: �1?ay 9 �4�RIVATE CLUB INTOXICATING LIQUOR LICENSE C1 t;/�S.�X�1'�bj t ,��•... OFF SALE INTOXICATING LIQUOR LICENSE � • - � ' ON SALE MALT BEVERAGE LICENSE ON SALE WINE LICENSE Directions: This form must be filled out with typewriter or by printing in ink by the sole owner, by each partner, by each person who has interest in excess of 57 in the corporation and/or association in which the name of the license will be issued. THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC 1) Application for (type of license) s�}�C �itJTDX%Cf�T��7a L� ��102 L ie�,vsc 2) Located at (address) �� 9 �e�c� �Sj�'. . sf: �i�jU L �,t� SS�D � 3) Name under which business will be operated ��S G2�'o�� _ corv./sole prop./partnership DBA . 4) True Name E�2/1.y � j�i l��'� Phone o�0 — �O/D (First) (Middle) (Maiden) (Last) Anyone having a 5Z interest or more must fill out a separate application. S) Date of Birth � — /�— �� Place of Birth ./CU,¢Gj�E� �sS . (Month, Day, Year) 6) Are you a citizen of the United States? � es Native Naturalized 7) Home Address ��o c��7`� �}Y/E /v . Home Telephone s,3s 'J�19'S 8) Including your present business/employment, what business/employment have you followed for the past five years? Business/Employment Address /7�� G�E�� .S 1/.0. �. �o v`o�c�/ �`/e y ��r/ SSS�z z._ 9) Married? L°s If answer is "yes", list name and address of spouse. <S'��-2o,v /1�.'//c2 -- S�i�E , > . v : ,,. ' . . ,. , ,, 9'd-/1�5Z � 10) Have you ever been convicted of any felony, crime, or violation of any city ordinance other than traffic? Yes No � Date of arrest , 19 WE►ere Charge Conviction Sentence Date of arrest , 19 Where Charge Conviction Sentence 11) Retail Beer Federal Tax Stamp Retail Federal Tax Stamp will be used. 12) Closest 3.2 Place Church School 13) Closest intoxicating liquor place. On Sale Off Sale 14) List the names and residences of three persons of Ramsey County of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. . _ Name Address l Ud . N /h . o� ,� � � 3'S/D J ,, f r�s�,� �;' �� , , L s �o) . n Q i e� Y� q O � . • c.._l r� /a ( 15) Address of premises for which application is made ��j q �e�i¢-� �. Zone Classification Phone a�� !�'�/a 16) Between what cross streets? �p`'Lh 9� S� cTT��c��.S Which side of street? �@�S/� 17) Are premises now occupied? � What Business? ��E��/fflOXiG'i9-T..r/ L! CCa,r How Iong? 18) List licenses which you currently hold, or formerly held, or may have an interest in. ,/v0/1JE 19) Have any of the licenses listed by you in No. 18 ever been revoked? Yes No �_ If answer is "yes", list the dates and reasons . , , ��/o�z + 20) If business is incorporated, give date of incorporation i�� .� , 19 � and attach copy of Articles of Incorporation and minutes of first meeting. 21) List all officers of the corporation, giving their names, office held, home address, and h e and business telephone numbers. �i�� I > /��:�Z -- �G�S �,�c%��; j:��1 �t'�'_ /�.:� - �1L��L'�-1�/�.r �'4','v\-�r'R � ��'1 �� :j�``L �-r1 i/"? -- �' �; � f'1�� !� ./-� ��:-C;�'�� — i 22) If business is partnership, list partner(s) , address, telephone number, and date of birth. Name Address Phone DOB Name Address Phone DOB 23) Are you going to operate this business personally? ,s If not, who will operate it? Name Home Address Phone 24) Are you going to have a manager or assistant in this business? �s If answer is "yes", give na�t�e,��e address, home phone and date of birth. C/�' � D / Name , i �E�Address �� Phone�� O �b DOB �-z'�°�,� ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATION. I hereby state under oath that I have answered all. of the above questions, and that the information contained therein is true and correct to the best of my knowledge and belief. I hereby state further under oath that I have received no money or other consideration, by way of loan, gift, contribution, or otherwise, other than already disclosed in the application which I have herewith submitted. State of Minnesota ) ) , County of Ramsey ) Subscribed and sworn to before me this � S� � pQ Si nature of Applicant / Date `.) � da of � AQ , 19d / r �^ JOSEPN J.D'JDLEY,JR. � Notary ublic, Co ty, MN `� No7�s'Y�sora � MY C�dM.EXPIRES JUIf ti.1991 � My co�ission expires Y Rev. 2/88 � � '� � �� ' �-/ z � . , d 4:.�0, . CITY OF SAINT PA L �• •P DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES �; � u ii u ,� z.; ' �� " �� DIVISION OF LICENSE AND PERMIT ADMINISTRATION '°�,.,�T ,�� e Room ?03. C�t� Hail vmor.m� Saint Paul, Minnesota 55102 George Latimer Mayor 1) Have you pledged, put up as collateral, or given any person, firm, or corporation a security interest in a� of the trade, fixtures, furniture, equipment, machinery, or other personal property used in the licensed business or located on the business premises? Yes X No If yes, list the dollar amount involved, the name(s) and address(es) of the other party, and enclose a copy of all such documents evidencing the transaction. Limelight, Inc. , 380 Cedar Street, St. Paul , MN 55101; ATTN: Alice H.S. Fung. See attached Asset Purchase Agreement, UCC-1 Financing Statement, Security Agreement 2) Aave you given a promissory note to anyone to repay funds loaned to you for paying for land, buildings, trade fixtures, equipment, machinery, or operating expenses of the licensed premises or business? Yes No x * If yes, list .the dollar amount, the name(s) and address(es) of the other party, and enclose -- a copy of a11-such documenfs. evidencing the transaction. - .' :.i_.�.....: ..,�.; � .'_._.� . , * The only `promi�ssb;ry no't�s, are incorporated in the attached copy of the Asset Purchase ., ......v V'.L'v�.YY'r'i .. . . . Agreement. 3) Aave you mortgaged any part of the property used for, or as part of, the licensed business? Yes No X If yes, list the dollar amount, the name(s) and address(es) of the other party, and enclose a copy of all such documents evidencing the transaction. 4) Please list the amount and source of all funds received or to be received by you, or for which you have applied, for use in purchasing or operating any part of the licensed business or premises. The only source of funds will be from the operation of the business. No other a�.plica- tions have been made to date. 5) Please list and give full names and addresses of all persons, firms, corporations, or other groups, which have any interest and not already listed above (financial, managerial, owner- ship, or otherwise) in the licensed business or any of the income or profits of the licensed business, or in the licensed premises. Any previous contract for 'deed holders of LimeliQht, Inc. and any predecessors. - OVER - .�° �� ; State of Minnesota ) f f.Yj ) SS /� �Q/�/ County of Ramsey ) Signature Date Perry . Miller, President " Perry D_ MillPr being first duly sworn, deposes and says under oath that he has read the foregoing statement bearing his signature and knows the contents thereof, and that the same is true of his own knowledge except as to those matters therein stated upon information and belief and as to those matters he believes them to be true. Subscribed and sworn before me this � day of November , 19 89• - � ��s, JUUE C. HYBBERT � C ,��,�A 1� �y�� T�� Notary Public, County, Minnesota „ • My Commission expires Rev. 2/88 `� e� _. �3 MINNESOTA iA7C IDENTIFICATION NUHBER ��//D�� Pursuant to Lava of Hinneeota. 1984, Chapter 502, Article 8, SectSon 2 (?70.72) (Ta�c Clear- , ance; Iasuance of Licensee), lieensing authorities are requlred to pravide to the !tinnesota Co�lseioner of Revenue the Ninneaota buainese [ax Sdentification number and the soclal eecurity number of each license applicant. Under [he Minneeota Government Data Practicea Act and the Fedetal Privacy Act oE 197G, ve are required to advise you of the folloving regarding the use of Chie informacion: 1) This informa[ion may be used to deny the issuance or reneval of your license in the event you ove Minnesota eales, employer'a vithholding or motor vehicle excise taxes; 2) Upon receiving this information, ehe licensing authorlty vill supply it only to Che Minnesota Department af Revenue. Hovever, under ehe Federsl Exchange of Infarmacion � Agteement the Depar[ment of Revenue may supply this infotmation to the Cntecnal Revenue Service; 3) FAILURE TO SUPPLY THTS INFO(iMATION IiILL JEOPARDLZE OR DELAY THE PROCESSING OF Y�UR LiCENSE ISSUANCE OR RENEyIAL APPLICATION. Ninnesota Tax Indentification Numbers (Salea 6 Uae Tax Number) may be obtained from the - State of Minnesota - Businees Record� Departmant - !0 River Park Plaza. Phone: 296-2863 Appllcante Last Name Firat Name Hiddle Initlal Miller Perry D Applicanta Address City, State, 21p Code Phone No. 3806-58th Avenue North, 6rooklyn Center. MN 55429 _ Applicanea Social Security No. Position (Officer, Parener, etc.) Jescrco, Inc. c1�h/a Everybody' s Busina�s Nam� 369 Cedar Street, St. Paul , MN 55101 Buainasa Addrea9 City, State, Zip Code Phone No. Hinnesota tax Idantification number: 2 6 6 1 5 0 5 (If a Minneeota Tax Identiflcation Number is not required for the a . busineea being operated, indicata eha[ by placing an X Sa th� box.) — •�f*tr��e�w��*r*,e�,e�,�,ti�+tr*�t,t,t*,t�,e+e,e�*ft,er,t�w�t,t*,t,t,t,r,t�,�,t,e�3f**r,e:,t**,�,t*,t�t*,t*►,t�t+r*f,t,t�,t,t,t,t*,t• WORKERS' COIiPEN5ATI0N Pursuant to the Minnesota State Legislature by Chapter 332, Seetion 47, Lavs of 1987, evezy state and local lisenaing agency ie required to vithhold the lasuance or reneval of a Llcense or pecmlc to opera[a a bueineas in Hinneeota unell the applieant presents accept- able evidance of complianee vith the vorkers' eompensation inaurance coverage requirements of Section 176.18t, Subdiviaion 2. This inEormation in raquirad by lav, and license• and p�rmits to operate a buaineas mey noe be lasuad or reneved if !t Is not providad and/or is falaely reported. Furthermore, Sf ehe information is not provlded and/or falaely reported, it may reeult in a SI,000.00 penalt� aaeeseed againat che applicant by ehe Co�iseloner of the Departnent o[ Labor and Induatry payable eo ehe Speelal Compeneation Fund. Upon request, liceneing auChoritiea are required to furnish vorkera' compeneation ineurance coverage information to the Department of Labor and Industry to eheek for eompllanee vlth MSnnesota Statute Section I76.181, Subdivision 2. My queatio�s regarding wotkere' eompenaation ahould be diteceed Co the Minnesota Department of Gabor aifd Industry - Spacial Fund Seetlon - 297-4)77. Insurance Company Neme (NOT the insurance agene) Emploxee Benefit Administration C0. Policq Nusber or Self-Insurance Permit Number 0 4-0 3 4 8 3 3 Dates of Coverage Effeccive: OZ-14-Hg Explration: 02-14-9n - OR - I am not zequired to heve votkers' compensation liabillty covezage because: ( ) I have no employeea covered by the lav. ( 1 Other (Specify) I HAVE READ AND CNDER AND HY RICHTS AND OBLIGATIONS WI?H RECARD TO BUSINESS LICENSES. PER?IITS. AND HORKE OHPENSATION COVEMGE� I CERtIFY Tt T THE FORMATION PROVIDED IS TRUE AND CORR T / .�t�� ' � � �.�-, %/ z� �' signatura d� e . , go�/�� DUDLEY nxn SMITI3 A PROFESSIONAL ASSOCIATION JOSEPH J. DUDLEY,JR. ATTORNEYS AND COUNSELORS AT�.4W RETIRED DAVID W. LARSON SUITE 2602 JOSEPH J. DUDLEY MARK LABINE G.W�LLIAM SMITH JOAN H. LUCAS* AMERICAN NATIONAL BANK BUILDING PHILIP C.WARNER ST. PAUL, MINNESOTA 55101 OF COUNSEL R. E. LOW STEVEN C.OPHEIM TELEPHONE 612-291-1717 HAROLD J. SI.AWIK III TELECOPIER 612-223-5055 "AL50 ADMITTED IN ARIZONA NANCY DUDLEY KELLY DEL A. BLOCHER REPLY TO SHOREVIEW ❑ SHOREVIEW OFFICE SUITE 258-AROEN PLAZA � � 3585 NORTH LEXINGTON AVENUE ARDEN HILLS. MINNESOTA 55126 February 28, 1990 Ms. Chris Van Horn Department of Finance and `�-' �,.� — �_� Management Services =�; Division of License and Permit Administration �v - Room 203 City Hall �� _ Saint Paul, Minnesota 55102 -�� Re: Jescrco, Inc. d/b/a Everybody's `�� _ Our File No. 1443 . 1 "!� - � � Dear Ms. Van Horn: Please find enclosed three Applications for On Sale Intoxicating Liquor License, one for Jesse Miller, Constance Miller and Craig Miller in connection with the above-referenced matter. If you have any questions whatsoever, please do not hesitate to contact the undersigned. Your cooperation and assistance is appreciated. Very truly yours, DUDLEY AND SMITH, P.A. �_ J seph J. Dudl , r. JDJ:kuob Enclosure cc: Jescrco, Inc. �a .� `�o--�a, ' � INSTRUCTION SHEET � 1. ( ) Application forms must be completely filled in, signed by each applicant or corporate t� stock owner (in exceae of 5 percent). and notarized. All queations that do not apply to you ehould be marked either not applicable or N/A. 2. ( ) Letter from present license holder requesting this transfer. 3. ( ) Cover letter explaining your desire, as well as a request, for transfer of this license from the present license holder to you. 4. ( ) Copy of rental lease and/or aasignment, ae well as a letter of permission from the landlord. to allow thie type of licansad busine�s on the premises unleee epecified in [he lease. S. ( ) Copy of detailed description of the design. location. and square footage of premises to be licensed (a scaled drawing or blueprint). Copies of the following supporting documents are also required. The documents will be revieWed in your preaence, if requested� and returned after the d3sposition of this application. 6. ( ) Copy of Purchase Agreement and/oz Bill of Sale of the business. 7. ( ) Copy of Purchase Agreemen[ and/or Bill of Sale of the property. 8. ( ) Copy of Articlea of Incorporation, as well as minutes of the first corporate meeting. elections of officera, and desire of corporation to enter into buaineas involving sale of liquor, wine, or beer. � 9. ( ) If Iicense is presently being administered by an administrator and/or administratrix, i[ aill be necessary to attach a copy of the Probate Court papers naming the administrator and/or administratrix and allowing the sale of the licensed business. 10. ( ) Bonds and/or Insurance required: On Sale Liquor - 53,000 bond expiring with license or continuous. On Sale Wine - 53,000 bond (2 originals) forms 1Y59116-01 exp. with lic. or cont. On Sale 3.2 Beer - 52,000 bond dated concunent vith license date or continuous On Sale Wine b Beer - ;3.000 bond (2 originals) forms /PS9116-01 expiring with license or continuous. Add "With On Sale 3.2 Beer" after "Wine On'Sar2�". Off Sale Liquor - ;1.000 bond (2 originals) forma lP59021-01 exp. vith lic. or�i�nt.- Liquor Liability Insurance -- see attachment �- State Tax ID Number -- see attachment - Worker's Compensation Insurance — see attachment 'l Sunday Affidavi[ � ' -; NOTE: All bonds require a valid Power of Attorney. `�� , ' �� 11. ( ) Wine Licenses: ;_ -- In addi[ion to the above, the following are required for state records: � , � A) Tvo (2) original forme of State of Kinnesota application form 9DP5 9114-5�. : _ r,Tl . - 12. ( ) Off Sale Licenses: � A) Two (2) original forma of State of Minnesota application form APS 9136-02. . B) Articlea of Incorporation - second copy. 13. ( ) Federal and State income tax returns for the past three (3) yeara. 14. ( ) Tranafer costs nre 25 percent of the annual fee. On Sale Liquor feea vill be pro-rated to ezpire at a different time of year if the licenee eurrently expires on January 31at. . Annual Fee Transfer Fee A) On Sale Liquor S / . B) Sunday On Sale Liquor S / C) On Sale Wine i / D) Entertainment � / E) Restaurant S / F) Cigarette Location � / G) On Sale Malt (3.2 Beer) � / H) Off Sale Malt (3.2 Beer) ; / I) Off Sale Liquor ; / " J) Original Container ; / R) Other � / TOTAL ; / �� o-l��Z Application No. Date Received By CITY OF SAINT PAUL, MINNESOTA APPLICATION FOR ON SALE INTOXICATING LIQUOR LICENSE SUNDAY ON SALE INTOXICATING LIQUOR LICENSE PRIVATE CLUB INTOXICATING LIQUOR LICENSE OFF SALE INTOXICATING LIQUOR LICENSE ON SALE MALT BEVERAGE LICENSE ON SALE WINE LICENSE Directions: This form must be filled out with typewriter or by printing in ink by the sole owner, by each partner, by each person who has interest in excess of 57 in the corporation and/or association in which the name of the license will be issued. THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC 1) Application for (type of license) �a�lL �!\'�o ' ` � ��l �` � 2) Located at (address) 3(0 9 �� c5� , � , /�� 3) Name under which business will be operated �. erco �ver ba , - corp�./sole prop./partnership BA 4) True Name � C.�. �.J�R�� i l �� t' Phone �9� - �/0 / O (First) (Middle) (Maiden) (Last) Anyone having a 57 interest or more must fill out a separate application. 5) Date of Birth /7� �L �D Place of Birth �j��rn �c� A , _Zn�vC� (Month, Day, Year) 6) Are you a citizen of the United States? � (� Native � Naturalized 7) Home Address 7� �, `D� �� z7o / Home Telephone Z Z�-�,�'`f(� 8) Including your present business/employment, what business/employment have you followed for the past five years? Business/Employment Address �v'�ru b��.�.,%� 3� �i C'e ��Q.� ��v s�t�� 5 1.�.�, � � �� . ' � �v � ��. c u�, w�ez .�-n n . � 9) Married? If answer is "yes", list name and address of spouse. �.5s� g . m< <��P� 7 � �.� �� . �'Z�a , , s�. (�� . �� -: .. �id�/�52- 10) Have you ever been convicted of any felony, crime, or violation of any city ordinance , other than traffic? Yes No �_ Date of arrest , 19 Where Charge Conviction Sentence Date of arrest , 19 Where . Charge Conviction Sentence 11) Retail Beer Federal Tax Stamp Retail Federal Tax Stamp will be used. 12) Closest 3.2 Place Church School 13) Closest intoxicating liquor place. On Sale Off Sale i:+) List the names and residences of three persons of Ramsey County of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. _ Name Address `r � ms 9y Crou��y a�-f-��S oF,�;C.� �,�G�,� Tt.�c�J �o b � rJS a,.� � ) �d �!1�c,e.. �-<(e rJ ��' � �S�.c.a-,�� J�«<:...� . � ,; . �J/}Ty�s 1 '�Gc,'�S �.�,,Q,� 3�u��D � �G ��i� , �7l/Cc�' s.5%o / 15) Address of premises for which application is made 3� 9 C..Lt��t-►'- Zone Classification Phone � �G— ��' �� 16) Between what cross streets? �� Y- �� Which side of street? Q 57� 17) Are premises now occupied? �S What Business? �'�� b ' How long? 18) List licenses which you currently hold, or formerly held, or may have an interest in. h a �-�P� 19) Have any of the licenses listed by you in No. 18 ever been revoked? Yes No � If answer is "yes", list the dates and reasons - � . �v-/v5z _ 20) If business is incorporated, give date of incorporation April 3 , 19 89 . and attach copy of Articles of Incorporation and minutes of first meeting. 21) List all officers of the corporation, giving their names, office held, home address, and home and business telephone numbers. Perry Miller, Pres. , 3806-58th Ave. , Mpls. , MN H: 535-9195; W: 638-5104 Jesse Miller, V.P. , 78 E. lOth St. , Apt. #2701, St. Paul , MN H: 224-4846; W: 290-9010 ('raig MillPr, Sec_ � 78 F. lOth St. . At�t. #2701 . St. Paul , MN H: 224-4846: W: 290-9010 Constance Miller, Treas. , 78 E. lOth St. , Apt. #2701, St. Paul , MN H: 224-4846; W: 290-9010 22) If business is partnership, list partner(s) , address, telephone number, and date of birth. Name Address Phone DOB Name Address Phone DOB 23) Are you going to operate this business personally? �e� If not, who will operate it? Name Home Address Phone 24} Are you going to have a manager or assistant in this business? If answer is "yes", give name, home address, home phone and date of birth. Name Address Phone DOB ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATION. I hereby state under oath that I have answered all of the above questions, and that the information contained therein is true and correct to the best of my knowledge and belief. I hereby state further under oath that I have received no money or other consideration, by way of loan, gift, contribution, or otherwise, other than already disclosed in the application which I have herewith submitted. State of Minnesota ) ) - County of Ramsey ) � Subscribed and sworn to before me this ; �� /� /� Signature of Applicant / Date � ��ay of �� , 19 �(.,/ ` � � � �� ' \ R �'� lCRiSTlNE U. 0'BRIEy � �::�.% ,�;�,.:: �-�-'—��+ NOTAPY Pli6UC—tiiINNES07A �S��"``��`�Q° RAN�SEY CdU�'TY Nota Public, Count , 1+�N �.� ry y Z�� kty Comm. Expires Oec. 10,1993 �WvVV�'V` n My commission expires Rev. 2/88 -^ � MINNESOTA TA7( IDLNiIFICA?ION NIMBER v/ D �`�� , Pursuant to Cave of Minneaota, 1984, Chapt�r 502, Artlele 8. Seetion 2 (270.12) (Tax Clear- anee; Issuanee of Lleense�), lieensins authorieie• are requlred to provide to the !linnesota Co�issiorer oE Revenue the Ninnesots Eusiaess ta: id�ntiflcation nusber and the social ' seeuzlty number of each llcense applicanc. ° l;nder the N:nnesota Covernmene Data Practieee Act and che Federal Ptivacy Acc of 1974, we are required co adviss you of che follwing re;arding the use of this infocmatlon: l) ihis informacion may ba uaed to deny the issuanee or reneval of your lieense 1n the event you ove Ninneeota ealea, empioyer'a rithholding or �eotor vehicle exeisa taxes; 2) L`pon receiving chis information, the licensing authoriCq vill aupply 1t only to the Minneeota Deperement of Revenue. Hovever, under che Fed�ral Exehange oE Information Agreement che Department of Revenu• may supply this Snformation [o the Lnternal Revenue Service; J) FAILURE TO SI;PYI.Y THLS INFORMAYION VILL JEOPARDIZE OR DELAY THE PROCESSING OF YOUR LLCENSE ISSUANCE OR RENEHAL APPLICATION. Minnesota Tax Inden[ifieation Numbers (Sales 6 Us• Tax Number) may be obcained from the - State of Minnesota - Business Reeocd� Dapartaant - 10 Rivet Park Plasa. Phone: 296-2863 Applicants Last Name Flrst Naee Middle Iniclal Miller Constance J. Applleants Addreas City, Stat�, Zip Code Phone No. 78 E. lOth Street, Apt. #2701, St. Paul , MN 55101; 224-4846 Applieant� Social Saeurity No. Po�ition (Offleer, Partner, etc.) � ��- 4�,-- � �/r/ Officer Bu�lne�• N�m� Jescrco, Inc. , d/b/a Everybody's Buslneea Address City, Stat�. Zip Code Phon� No. 369 Cedar Street, St. Paul , MN 55101 290-9010 liinneeota tax Idantificacion r�.�: 2661505 (If a Hinneaota Tax Identificacion Nusber 1� not requirad for che a buaineae being operat�d, indicac• chat by pl�cles an X in th� bo:.) - �**,ei�**��tr�r►+�e�fa��r*rfw��f:ri*f:fr*�:*i;►f�:;f�*�firR�,►**�wrff:i�*,e*:*,�:*�*��►fi�• WORRERS' COl�ENSATION Pursuant to che Minneaota State Lagislature by Chaptar 332, Seetion 47, Lav� of 1987, every s[ate and local liaensing agency 1� required to vithhold tha issuanee or reneval o[ a license or permit co operace a bu�iness in Minne�ota until th� applieant presenta accept- able evidene• of complianc• vith ehe wrk�r�' ea�p�n�a[1on in�uraacs coverage tequirements oE Seetion L76.181, Subdivi�lon 2. � ihis lnformation ia t�quir�d by lav, and 11e�n��s and p�rait� to opazate a bu�iness aay noe bc lssu�d or ranavad if it !• not provided and/or 1� Eal��ly repotttd. Furtharmor�, if the informacion la not provid�d and/or [alsely report�d, it aay r��ult in a f1,000.0U penalt� aseeased againec che applicant by the Coaaissioa�r of tA• Departsane ot Labor and Induscry payable to the Special Cotp�nsation Pund. Upon request, lieeneing authorities ara required to furnl�h vork�rs' eoopenascion insucanee eoverage information to the Depart�aat of Labor and Iadustry to eheek for eospllanee v1tA Minnesoca Statute Ssetion 176.181, Subdivision 2. My questions regarding vorker�' cosp�n�ation ahould be dizeet�d to CAe Ninnesota Deparcment of Labor an'd industry - Spicial Fund Saetion - 297-�777. In�urance Coapany Nase (xoT ehe insurance agenc) Employee Benefit Administration Poliey Nveber or Self-Insurance Permit Nu'ber 04-034833 Dates of Coveraga Effeccivs: OZ-14-�0 Expization: OZ-I�I-91 - OR - I am not required to have vorkers' eoapensatloa 1lability eovera�� beeau�e: ( ) I have no employsaa cwered by eh� lav. ( 1 Other (Specify) I HAVE READ Ah'D l'NDERSiAND MY RICNTS AND OBLICATIONS WITH REGARD 'f0 6USINESS (.ICENSES. PERMITS. Ah'D WORKE�' COF�ENSASION COVERACE, AND I CERTItY 'IttAT THE INFORMATION PROVIDED IS TRUE AND CORR ' ' �sec��/�i� � �Zlv - c/U aignacura date l • ' .D � / � ��^��'��v \ l � STAT� OF P+�NNr,SOTA ) A.�FIDAVIT Cr^ APPLICAT i' , ) ss. FOR SUNDAY ON-SALE CCUNTY OF r'�Ab1�SEY ) LIQUOR LICr,T1Sr, The followin� is ar. affidavit of Constance Miller Affiar.t, being first duly sworn, sai�h under oath: That the business premises located at 369 Cedar St. , St. Paul , meets the follow�ng requirements of Chapter 340 of the P4innesota Statutes and the St. Paul Legislative Code pertaining to the licensing of Sunday Gn- Sale Liquor Restaurant Establishments: 1. The establishment has facilities for seating not less than fifty guests at ar�y one time. 2. TY:e establishment has the appropriate facilities for serving meals. 3. The establishment is under the control of a single proprietor or mar.ager, 4. Meals are regularly served at tables to the ger_eral public for - consideration of payment. 5, The establishment employs ar_ adequate staff to provide t?�e usual and suitable service to its guests. 6. The establishment is properly licensed as a restaurant under Chapter 291 of the St. Paul Legislative Code, 7. The establishment meets the health requirements for food establish- ments as specified in Chapter 291 of the St. Paul Legislative Code ar.d Minnesota Statutes pertaining to the service of food. 8. The establishment meets the criteria and requirements set forth herein on a continuing basis, including not only Sundays, but other times as well. That the affiant will notify the Office of the City License Inspector immediately upon the cessation of ar�r of the require�ents specified above: That affiant makes this affidavit for the purpose of Obtaining a Sunday On-Sale Liquor License for the premises located at 369 Cedar St. , St. Paul , for the year 19 90 . Further, affiant saith not. � � - 0 V E R - Constance Miller � 9� �/��z.-�. S TATE OF MIti':�'ES OTA ) � ) ss. � COIJ�IT'Y OF P,Ai�LS�,Y ) � � C9 �u The foregoing instrument was acknowledged before c�e this � � day of ,�, ��.tEA.�. : 19c�p bY Constance Mi l ler �fiR31+V�1Li.AA�iAM��+�Vi/l/1i4/�:�le}44IVih� � _� i � 1 � --� . �.;�-'�.. ^ISilr�lc J. 0'3RlE�•.f , � c.-Z��t'�-\ -„�."` ;:r:.�:��pu.�uc-.,,ri^,rs�� _i tary Public County s-�'�,'�..' C;��J, � � -,: o�;:,�cy •,;7{ .�;�''° i�r�,i,�"�. . � l . �-�� t,";V CG!Tl:n E:p',;CS F1CC tO. t�J3 � ��,n,�,tinr,w.,v�,v,nvv�r°��^��^i�^r^^�!' Mf COII'1m1SSlOri expires ' ��_��_��_�� CORPOR9TE AC�lOWLED.r,E.MEVT STATi OF :�ff:li�?ESOTA ) ) s S. -- COU�ITY CF RAy��Y } The foregoing instrument was ackno��rled�ed before me this day of , 19 . by Ya.me . Tit le and . iJar.ie Title of a on behalf of the corporation. Notary Public Ccunty � My co�,mission expires: - �J �o�/o,z � � � � -; INSTRUCTION SHEET � 1. ( ) Application forms must be completely filled in. signed by each applicant or corporate � stock owner (in exceas of 5 percen[). and notarized. All questions that do not apply to you ahould be marked either not applicable or N/A. 2. ( ) Letter from present license holder requesting this transfer. 3. ( ) Cover letter explaining your desire, as well as a request, for transfer of this license from the present license holder to you. 4. ( ) Copy of rental lease and/or assignment. as vell as a letter of permission from the landlord, to allow this type of licenaed businese on the premises unleae speclfied in the lease. S. ( ) Copy of detailed description of [he design. location� and aquare footage of premises to be licensed (a acaled drawing or blueprint). Copies of the following supporting documents are also required. The documents Will be revieved in your presence, if requested, and returned after the dispoeition of [his application. 6. ( ) Copy of Purchase Agreement and/or Bill of Sale of the business. 7. ( ) Copy of Purchase Agreement and/or Bill of Sale of the property. 8. ( ) Copy of Articles of Incorporation, as vell as minutes of the first corporate meeting, elections of officera, and desire of corporation to enter into business involving sale of liquor, wine, or beer. 9. ( ) If Iicense is presently being administered by an adminiatrator and/or administratrix, it will be necessary to attach a copy of the Probate Court papers naming the administrator and/or administratrix and allowing the sale of the licensed busineas. 10. ( ) Bonds and/or Insurance required: - On Sale Liquor - ;3,000 bond expiring wi[h license or continuous. On Sale Wine - E3,U00 bond (2 originals) forms iPS9116-01 exp. with lic. or coSE� On Sale 3.2 Beer - 52,000 bond dated concurrent with license date or con[inuous �=' ;., On Sale Wine b Beer - �3,000 bond (2 originala) fotms iPS9116-01 expiring vith licens�= _ or continuous. Add "With On Sale 3.2 Beer" after "Wine On'Sale'::j ,;� :.; Off Sale Liquor - ;1.000 bond (2 originals) forms /YS9021-01 exp. with lic. or cont. _� Liquor Liability Insurance -- see attachment ;�1 State Tax ID Number -- see attachmen[ Worker's Compensation Insurance -- see attachmen[ -- Sunday Affidavit -`" � NOTE: All bonds require a valid Pou+er of At[orney. c"O • f�1 � ' 11. ( ) Wine Licenses: p In addition to the above, the following are required for state records: A) Tvo (2) original forma of State of Mlnnasota application form iDPS 9114-5-75. 12. ( ) Off Sale Licenses: A) Tvo (2) original forms of State of Minnesota application form CPS 9136-02. B) Articles of Incorporation - second copy. 13. ( ) Federal and State income tax returns for the past three (3) yeara. 14. ( ) Transfer costs are 25 percent of the annual fee. On Sale Liquor fees vill be pro-rated to ezpire at a different time of year if the license currently expiree on January 31st. . Annual Fee Transfer Fee A) On Sale Liquor S / , B) Sunday On Sale Liquor Z / C) On Sale Wine S / D) Entertainment � / E) Restaurant S / F) Cigarette Location � / G) On Sale Malt (3.2 Beer) ; / H) Off Sale Malt (3.2 Beer) ¢ / I) Off Sale Liquor S / " J) Original Container S � R) Other S � TOTAL S / �; . . ' . , ��-1��z Application No. Date Received By CITY OF SAINT PAUL, MINNESOTA APPLICATION FOR ON SALE INTOXICATING LIQUOR LICENSE SUNDAY ON SALE INTQXICATING LIQUOR LICENSE PRIVATE CLUB INTOXICATING LIQUOR LICENSE OFF SALE INTOXICATING LIQUOR LICENSE ON SALE MALT BEVERAGE LICENSE ON SALE WINE LICENSE Directions: This form must be filled out with typewriter or by printing in ink by the sole owner, by each partner, by each person who has interest in excess of 57 in the corporation and/or association in which the name of the license will be issued. THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC 1) Application for (type of license) ��/� �/�axic�T��Ny � %¢(,( �j �, ;e ��IS P 2) Located at (address) 3 6 �f_�'G��7`',,, ��, ,��}[,�, �, /Yf/� �j'�'/D� ,i; i;aae under which business will be operated �s .rC � C ^., co p /sole prop./partnership DBA 4) True Name � �..°SSL� ' � Phone Z.��'� �� (First) ( iddle) (Maiden) (Last) Anyone having a 57 interest or more must fill out a separate application. S) Date of Birth � Z Place of Birth � �.�. �j��-- � �.� (Month, Day, Year 6) Are you a citizen of the United States? __i'(� �/ Native Naturalized , Z 7�( _ � 7) Home Address `� � � 1J �� b-� /�kij— Home Telephone �. Z �{ �— �� 8) Including your present business/employment, what business/employment have you followed for the past five years? Business/Employment Address tw �'' ��/c�� 'O� �__ . • f � 7� � 9/ -��-- ��' 9) Married? � If answer is "yes", list name and address of spouse.�p��QnC� �d' � /v �- �-t—. �T— �--�� r� �. C!�-�D�z� . . , 1G) Have you ever been convicted of any felony, crime, or violation of any city ordinance other than traffic? Yes No !/ Date of arrest , 19 Where Charge Conviction Sentence Date of arrest , 19 Where - Charge Conviction Sentence 11) Retail Beer Federal Tax Stamp Retail Federal Tax Stamp will be used. 12) Closest 3.2 Place Church School 13) Closest intoxicating liquor place. On Sale �/ Off Sale 14) List the names and residences of three persons of Ramsey County of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. - Name Address _ i��r 7�� S.��1.�.� �i.� I �.2.�: - ."U D °yizc,�Z.v � � a�v�� - 'L . , �, ;:>} Address of premises for which application is made ,��' �}�l� �p� Zone Classification Phone '� ��' ,�fi//� 16) Between what cross streets? �� ,�� 6n l'2.c�.(� Which side of street? � 17) Are premises now occupied? What Business? L—t�t�,c,� �-�- ��.,w� How long? 18) List licenses which you currently hold, or formerly held, or may have an interest in. J/ / L'��r� ��'� � 7 r ��',F'�- !'C7(✓V 19) Have any of the licenses listed by you in No. 18 ever been revoked? Yes No �� If answer is "yes", list the dates and reasoas �� , . � . �`�� ° • '� 24) If business is incorporated, give date of incorporation �i'(�/Z I I � , , 19 �_ and attach copy of Articles of Incorporation and minutes of first meeting. 21) List all officers of the corporation, giving their names, office held, home address, and home and business telephone numbers. �e.r� ' es, ��0� - S t� s. rv , : ��5- '" l�1: � �S'/D�y �e e_ 111� � � V.�.� �I E� /D� ��,� /�p,��a �l, sr, a�,�.�1pnt �(: �ay�' y6 �: 96-�oio i ` c'�e � 7� E, �o�`�� a>o! i� �� 0 1`a n�� /{Z� /e�� Pf!-s•� 7 E/D'}''��7`� Af 370 l� ay--. p,y.,�t, Yj1 r! �i 22) If business is partnership, list partner(s) , address, telephone number, and date of birth. Name Address Phone DOB Name Address Phone DOB 23) Are you going to operate this business personally? � If not, who will operate it? Name Home Address Phone 24) Are you going to have a manager or assistant in this business? �� If answer is "yes", give name, home address, home phone and date of birth. � �.C� ! � � / �'� �" Phone Z f�`/��yL noB Name �„Fh�.�-�. v Address J , -- ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATION. I hereby state under oath that I have answered all of the above questions, and that the information contained therein is true and correct to the best of my knowledge and belief. I hereby state further under oath that I have received no money or other consideration, by way of loan, gift, contribution, or otherwise, other than already disclosed in the application which I have herewith submitted. State of Minnesota ) ) County of Ramsey ) L Subscribed and sworn to before me this -x�� '-� �� / �n gnature of Applicant / Da e p�L day of ��;��GC(� , 19 �.� I , i .�w �--Q '` \ � ' �� R M.MAAMN� � i?-�. ��;'.:� K�iSI'INE U. 0'SR1EM Notary Public, COLitlty� MN ��—iF;.rf NOTAR`!PUSUC—M�IfdNESOTA �'h'�'j�� RAMSEY COUNTY r�.: � �` FAy Comm.Expires Dec. 10, 1993 My commission expires ��,�„�, ■ Rev. 2/88 ' � , MINNESOTA iA7C IDRRIYICASION NUMBER ��-��//-�Z� i '� !/ � � Pursuant to Lavs oE Ninnasota, 1984, Chapter 502. Acticle B, Seetion 2 (270.12) (iax Cleac- ance; Issuance of Lieanaes), licenains authotltie• ar� reQulr�d to provlde to the !ifnnesota Co�leeionec of Revenue the Minneaots buaine�� ta: identification nusDec and CAe soelal security number of each 1lcense applicant. � l;nder the Minnesota Cover�mene Daca Yraetieee Act and the Federal Privacy Act of 197�, ve are required to advise you of che folloving regarding the use of chis lnformation: L) Zhis informacion may ba used to deny che isauanc• or reneval of your license in the event you ove Minneaota sale�, employer'e vlthholding or motor vehicle exeise taxes; 2) L'pon receiving this infocmation, the licensing auchotlty v111 supply ic only to the Ninneeota Depurcmenc of Revenue. Novever, under the Federal Exehange oE Informacion Agreemenc che Department of Revenue may supply this lnforuation to the Internal Revenue Service; J) FAILURE TO SUPPLY THIS INFORMASION YILL JEOPARDIZE OR DELAY 'IHE PROCESSLNG OF YOUR LiCENSE ISSUANCE OR RENEl�IAL APPLICATION. Minnesota Tax Indenelflcatlon Numbera (Sales b U�t Tax Numbsc) may be obtained from Cha � Sts�e of Minnesota - Butine�s Records Departm�nt - !0 RSver Park Plaza. Phone: 296-2863 Appllcanta Laac Name First Nue Niddle Initlal Miller Jesse J. Applicants Addreee Clty, Stat�, Zip Code Phone No. 78 E. lOth Street, Apt. #2701 , St. Paul , MN 55101 Applicant� Social Saeurity No. Po�itlon (OffLcer, Partner, ete.) 475-54-4764 Officer Bu�ins�• Nama ,lacrr�n Tnr ��a Everyb�dy'S Buainees Addreas City, Stats, 21p Code Phone No. 369 Cedar Street, St. Paul , Mn 55101 290-9010 Hinneeota iax Identifieation nwbsr: 2661505 ([f a Minneaota tax Identification Nu�b�r !t not requlred for th• a buaineaa being operated. Sndicat• that b7 placln6 an X in th� box.) •�!*fRflfl�tile#RA�l4J�ARfR*AR+tflffff�l4fN!!#\*ffAA#f1f*�RfRf**RA##Af�fAA#Mi#}f!t!#AR#�A*�►�t#f WORlCERS' COl�E'IiSATION Pursuant to the Hinneeota State Laglslature by Chapter ]32, Section 47, Lav� of 1987, every state and local liaenaing agency ie requirad to vithhold th� issuanea or reneval of a license or permic to operate a bu�iness in ltinaesota until the applieant presencs aecept- able evidence of eompllanc• vith th� vork�r�' caap�nsation in�uranee eov�rage requir�aencs of Secelon L76.18I, Subdivi�ion 2. Thi� Snformatlon ia raquizid by l�v, and llean��• and p�rait� to operate a bu�iness aay not be iesued or reneved lf 1t 1• not providad and/or 1� fal��ly Tspose�d. Furtharmore, lf ehe informacion is noc providad and/or falaely r�pore�d. St say r��ult in a fl,000.00 penalt; aeeesaed agalnet th• applieaat by the Co_1�slon�r ot th� D�parta�nt of I.abor �nd Industzy payable co the Speeial Co�pensation Pund. Upon requeet, liceneing authorities are requir�d to [uralth vorkars' eomp�naation Snsurance coverage informacion to the Dep�rt��nt of LaDor and Induetry to check for eosplianc• vlth Minnesoca Statute S�ction 176.1B1. Subdivision 2. My qu�ations regarding vorker�' coepensation �hould be dir�ct�d co the Minneaota Department of Labor an'd Indu�ezy - Sp�elal Fund Seetion - 297-1777. Insuzance Company Name (NOT the lnsurance agen[) Em��ee Renefit Administration Policy Number or Self-Insurance Permit Nuabar 04-034833 Dates of Coverage Effeetlw: �2-].4-9� Expication: _ Q2-]4-91 - OR - I am not required to hnve vorkers' cospenaatioa liabili[y eoverase b�esuse: ( ) I havs no employeas ewered by chs lav. ( 1 Other (Specify) I HAVE READ Ah'D IRiDERSiAND HY RICHSS AND OBLICATIONS WItA REGARD i0 BUSINESS (.ICENSES. PERMIiS. AND MORKERS' C014ENSA2ION CO1lERAGE, AHD I CERTIF7 TNAS 'fHL INPORMATIOK PROVIDED IS TRUE AND CORRE ' ' 2-- 2� — 1�'0 eignature da[e � �. . � . �'�-1��v . . , � STATy OF i�NN�SOTA ) AFFIDAVIT Cr^ APPLICA�i'i . ) ss. FOR SUNDAY ON-SALE � CCUVTY OF r'�AhLSEY ) LIQUOR LIC�P1Sc, The followin� is ar. affidavit ofT�.S,s`� �i 1/'�12� Affiar.t, being first duly sworn, saith under oath: That the business premises located at_�(�� r�ar�'f'•�, �'� , P,c}.�,� 7 meets the following requirements of Chapter 31+0 of the P�innesota Statutes and the St. Paul Legislative Code pertaining to the licensing of Sunday Gn- Sale Liquor Restaurant Establishments: l. The establishment has facilities for seating not less than fif�y guests at arLy one time. 2. The establisnment has the appropriate facilities ror serving meals. 3. The es�ablishment is under the control of a single proprietor or mar.ager, �;. Meals are re�ularly served at tables to the ger_eral public for - consideration of payment. 5. The establishment employs an adequate staff to provide t�e usual and suitable service to its guests, 6. The establishment is properly licensed as a restaurant under Chapter 291 of the St. Paul Legislative Code. 7. The establishment meets the health requirements for food establisr- ments as specified in Chapter 291 of the St. Paul Legislative Code ar.d Minnesota Statutes pertaining to the service of food. 8. T;ze establishment meets the criteria and requirements set forth herein on a continuing basis, including not only Sundays, but other times as well. That the affiant will notify the Office of the City License Inspector immediately upon the cessation of ar.y of tl:e require�ents specified above: That affiant makes this affidavit for the purpose of Obtaining a Sunday On-Sale Liquor License for the premises located at��C � ��,r ��,T_ for the year 19�. Further, affiant saith not. . � - 0 V E R - � � � �'o�� STATE OF �1�':�'ESOTA ) - ) ss. . COITiVTY OF P.Ai�iSyY ) / � The foregoing instrument was acknowledged before me this �(�7 da of ` p� Y �L2`�-� � 19 !� bY �--J �:SS f' ///% �/' annMl�MMn�rM�^' 1' ¢ ` r / , ,� r��/ . 4+ a�4;C£a`.}.. ��SI3IV� V. �'BRiESV �� i "v �3'��.,:°�. roorasv?ut�!c-^1�!r:�iESOrn "-�°°�� _lotary Public � County s:�'��aF ?,Ai�.�SrY CuUNTY .�- f,ty Comm.E>:pires Czc. 10, 1993 �wv�nvv�Ntiw�b a My commission expires : --------------------------------------------------------------------------- CORPOR9TE ACX1�lOWLEDGE.�IEP1'r S T�?i� Or :�ff?�`?ES OTA ) ) ss, - CO'�J�1TY CF RAy?��'Y ) TY;e foregoing instrument was acknowledged before me this day of , 19 . by Name • Title and . �da,r.ie Tit le of a on behalf of the corporation. Notary Public Ccunt;r � My coa�,mission expires: � � . � �� -� ��.�� : , INSTRUCTION SHEET � 1. ( ) Application forms must be completely filled in, signed by each applican[ or corporate t stock owner (in exceas of S percent), and notarized. All queations that do not apply to you ehould be marked either not applicable or N/A. 2. ( ) Letter from present license holder requesting this transfer. 3. ( ) Cover let[er explaining your desire, as well as a request, for transfer of [his license from [he present license holder to you. 4. ( ) Copy of rental lease and/or assignment, as well as a letter of permission fzom the landlord. to allow this type of licenoed bu�ine�s on the premiaes unleae epecified in the lease. S. ( ) Copy of detailed descrip[ion of the design� location, and square footage of premises to be licensed (a acaled drawing or blueprint). Copies of the following supporting documents are also requized. The documents vill be reviewed in your presence, if requested, and re[urned after the disposition of this application. 6. ( ) Copy of Purchase Agreement and/or 8111 of Sale of the business. 7. ( ) Copy of Purchase Agreement and/or Bill of Sale of the property. 8. ( ) Copy of Articles of Incorporation, as well as minutes of the first corporate meeting, elections of officeza, and desire of corporation to enter into buainess involving sale of liquor, wine. or beer. 9. ( ) If license is preaently being administered by an administrator and/or administratrix, it will be necessary to attach a copy of the Probate Court papers naming the administrator and/or administratzix and allowing the sale of the licensed business. 10. ( ) Bonds and/or Insurance required: On Sale Liquor - ;3,000 bond expiring with license or continuous. On Sale Wine - S3,U00 bond (2 originals) forms 1PS9116-01 exp. with lic. or cont. On Sale 3.2 Beer - 52,000 bond dated concurren[ vith license date or continuo�s;s� — On Sale Wine b Beer - �3,000 bond (2 originals) forms /PS9116-Oi expiring with li"e�nse� or eontinuous. Add "With On Sale 3.2 Beer" after "Wine On�-ale"-:° Off Sale Liquor - ;1,000 bond (2 originale) forma /PS9021-01 exp. vith lic. atj cont;_-; Liquor Liability Insurance -- see attachment _ _- State Tax ID Number -- see attachment �� Worker's Compensation Insurance -- eee attachment Sunday Affidavit �' • -- NOTE: All bonds require a valid Poaer of Attorney. —�' . C� 11. ( ) Wine Licenses: : - In addition to the above. the following are required for state records: �"`� A) Tvo (2) original forme of State of Minnesota application form ADPS 9114-5�. 12. ( ) Off Sale Licenses: A) Tvo (2) original forms of State of Minnesota application form 9P5 9136-02. . B) Articles of Incorporation - aecond copy. 13. ( ) Federal and State income tax returns for the past three (3) years. 14. ( ) Transfer costa ure 25 percent of the annual fee. On Sale Liquor fees will be pro-rated to expire at a different time of year if ehe licenae eurzently expirea on January 31st. . Annual Fee Transfer Fee A) On Sale Liquor Z / , B) Sunday On Sale Liquor ; / C) On Sale Wine � / D) Entertainment � / E) Restauran[ S / F) Cigarette Location � / G) On Sale Malt (3.2.Beer) � / H) Off Sale Malt (3.2 Beer) ; / I) Off Sale Liquor � � " J) Original Container ; / R) Other S � TOTAL � / , � . ��-�a� Z �Application No. Date Received By CITY OF SAINT PAUL, MINNESOTA AYPLICATION FOR ON SALE INTOXICATING LIQUOR LICENSE SUNDAY ON SALE INTOXICATING LIQUOR LICENSE PRIVATE CLUB INTOXICATING LIQUOR LICENSE OFF SALE INTOXICATING LIQUOR LICENSE ON SALE MALT BEVERAGE LICENSE ON SALE WINE LICENSE Directions: This form must be filled out with typewriter or by printing in ink by the sole owner, by each partner, by each person who has interest in excess of 57 in the corporation and/or association in which the name of the license will be issued. THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC 1) Application for (type of license) Sale Intoxicatinq Liquor License 2) Located at (address) `��D � (�ed � rz � ��. 0-� . !� I� �-��v, / - 3) Name under which business will be operated �2S CrG� � �,1 e r � 60G� S corp./sole prop./partnership D A 4) True Name �,�,��q + `i f_�u-E_ � �1 \l'e �- Phone Z Z `�-�� -�p (Fir� t) (Middle) (Maiden) (Last) Anyone having a 57 interest or more must fill out a separate application. 5) Date of Birth 3 � �p � Place of Birth �2��i NS cQ f�'l� _ /r I 1„► (Month, Day, Year) 6) Are you a citizen of the United S�ates? �,� Native �.,e 5 Naturalized 7) Home Address '�� f 4'�S f- ►l� �` 5 �-- o`�70 J Home Telephone ZZ�'y� 8) Including your present business/employment, what business/employment have you followed for the past five years? Business/Employment Address �� ti �� o C��-�. �. 5 t. P� �att ; �.,_.�S ��, , � �e:z� t�c��, s �� cF�a-� S� `'a,�.� 9) Married? �O If answer is "yes", list name and address of spouse. � ., � �a-/v5-z.� 10) Have you ever been convicted of any felony, crime, or violation of any city ordinance � other than traffic? Yes No � Date of arrest , 19 Where Charge Conviction Sentence Date of arrest , 19 Where _ Charge Conviction Sentence 11) Retail Beer Federal Tax Stamp Retail Federal Tax Stamp will be used. I2) Closest 3.2 Place Church School 13) Closest intoxicating liquor place. On Sale Off Sale 14) List the names and residences of three persons of Ramsey County of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. _ Name Address "�;� t1`'` A 2 S c.�. �. � 1 rt� � ` O �-�. �-�- s'{ P�.<.�.P � KI� h�.� de� � 3 �� P 1��. � G��' .��lh�t � �'r� � , 15) Address of premises for which application is made �p 9 �e��(� Zone Classification Phone � 7U �' C/U �� 16) Between what cross streets? �� °�- ��-- Which side of street? �,l�QS�' 17) Are premises now occupied? � What Business? �( ,Q,�r,.l ��1 S —1 How long? 18) List licenses which you currently hold, or formerly he1d, or may have an interest in. i"16 Yl� 19) Have any of the licenses listed by you in No. 18 ever been revoked? Yes No �_ If answer is "yes", list the dates and reasons � � � �'d�/0�2� , 20) If business is incorporated, give date of incorporation April 3, , 19g9 and attach copy of Articles of Incorporation and minutes of first meeting. 21) List all officers of the corporation, giving their names, office held, home address, and home and business telephone numbers. Perry Miller, Pres. ,. 3806-58th Ave. , Mpls. , MN; H: 535-9195; W: 638-5104 Jesse Miller, V.P. , 78 E. lOth St. , Apt. #2701, St. Paul , P1N; H: 224-4846; W: 290-9010 Craiq Miller; Sec. , 78 E. lOth St. , Apt. #2701 , St. Paul . MN; H: 224-4846; W: 290-9010 Constance Miller, Treas. , 78 E. lOth St. , Apt. #2701 , St. Paul , MN; H: 224-4846; W:291-9010 22) If business is partnership, list partner(s) , address, telephone number, and date of birth. Name Address Phone DOB Name Address Phone DOB 23) Are you going to operate this business personally? U2 S If not, who will operate it? Name Home Address Phone 24) Are you going to have a manager or assistant in this business? If answer is "yes", give name, home address, home phone and date of birth. Name Address Phone DOB ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATION. I hereby state under oath that I have answered all of the above questions, and that the information contained therein is true and correct to the best of my knowledge and belief. I hereby state further under oath that I have received no money or other consideration, by way of loan, gift, contribution, or otherwise, other than already disclosed in the application which I have herewith submitted. State of Minnesota ) ) County of Ramsey ) Subscribed and sworn to before me this r �� 7 r � �' � S gnat re of Applicant / Date �day of �_ �, 19 � -, • � ° n^^^^^n.a f ��• KRISTINE U. Q'BRiEN �1 0 N ,�-�,�g� NOTARY PUBUC—MINNESOTA Nota Public, �'}`�� RAMSEY COUNTY Y'y COUnty� 1�T �� My Comm.Expires Dec. 10, 1993 ar WYV1/�tilN1/VVVVVwVVV'VVVV VW�MnNY r My commission expires Rev. 2/88 : ' ' � NINNESOTA SAR IDQ�TfIFICATION NIMBER �//D��C� ° J Pursuanc [a Lavs of Minneso4, 1984, Chapter 502, Artiele 8, Seetion 2 (270.12) (iax Clear- ancc; Isswnce of l.icenses), lieentin` authoriti�s are required to provide co che Ninneeota Co�lssionsr of Ravenue ehe Hinnaaota busine�• cax idantifleation nu�ber and the soc:�l eecurlty number of eaeh license applicant. " L'nder the Minnesota Cover�en� Data Praetleee Aet and the Federal Prlvacy Aec of 1976, ve are rcquired to advise you of the folloving resarding the uee of thls lnformacion: 1) ihls informacion may be used to deny the is�uane• or renev�l oi your 1lcense in che evenc you ove Ninnesota ealee. employer's vithAolding or ieocor vehiele exeisc taxes; ?) L'pon receiving chls informatlon, the licensing authority vill supply ie only to the Hlnneeoca Daper[ment of Revenue. Hovever, undar the Federal Exchange oE Infocmation Agreement tha Deparement o[ Revenu� may supply thl• infotaation to the Internal Revenue Service; J) FAILURE TO SUPPLY 'IHIS INFORMA2ION WILL JEOPARDIZE OR DELAY THE PROCESSING OF YOUR LLGENSE ISSUANCE OR BENEHAL APPI.ICATION. Nlnnesota Tax Indentificatlon Numb�rs (Sale� 6 Use Tax Number) may b• obcained from the " Stace of Minnesoca - Business Reeords Depart'�nt - 10 River Yark Plata. Phone: 296-2863 Applicants Laat Name First Naie Niddle Lnitlal Miller Craig M. Applicanta Addreas Clty, SCSt�, Zip Code Phone No. 78 E. lOth Street, Apt. #2701, St. Paul , MN 55101; 224-4846 Appllcants Soeial Sieurlcy No. Po�ition (Officer, fartn�r, ete.) ��q-� d'��—(�q'y� Officer Bu�ina�� Nam� Jescrco, Inc. d/b/a Everybody's Businees Addresa City, Stata, 21p Code Phone No. 369 Cedar Street, St. Paul , MN 55101; 290-9010 Hinneeota iax Id�ncifieation nwb�r: (If a !tinnesota Ta: Identification Nwber i• not required for the a buainesa biing operat�d, indicat• thac by plaeins an X in th� bo:.) — �►*}f Rtl�t��t�rrt��t+!#*ftA*t*f#t�t#�i►R*�#ffff!l�fR�►*�**1ffAff1t#ttRAf�t�i**t!#t!+lfe+l111f►Rttf*1fAA#►R HORRERS' COFSENSATION Pursuant to the Minnceou State Leglalacuza 67 Chapter 332, Secelon 67, Lavq of 1987, every state and local liaensing ageney ls requirad to vitfihold ehe Sseuance or reneval of a license or permit to operate a bu�iness in Minoe�ota until tha applieant presents aeeept- able evidence of eo�plianee with th� vorkers' eo�p�n�ation in�urane• cov�rage rsquirasents of Seccion 176.181, Subdivision 2. Thls informaclon !s raquir�d by l�v, and llcan�� and p�rait� to opetata a bu�inesa may not be lsau�d or renev�d Sf it i• not provided and/or 1� Eal��ly report�d. Furthazmoz�, if the information is noc provided and/or falsely report�d, it may r�sult !n a f1,000.00 penalr asseesed againat the applieant by th� Comi��ion�r of th• Departssnt of Labor and Indu�czy payable to the Speclal Co�p�nsation Pund. Upon requeat, licensing authorities •re required to furnish vorkers' ewpsnsacion insurance coverage informacion to the Depart��nt of Gbo[ and Induatry to check for eo�pliance vlth Nlnnesoca Stacute Seecion 176.181. Subdlvision 2. My questions regarding vorkar�' co�p�n�ation �hould be direet�d to the llinnesota Departmenc of Labor an'd Induatry - Sp�eial Pund Seetion - 297-6777. cn�urance coopany t+ame Em �0 ee Benef i t Admi ni strati on (NOT tM insurance agent) P Y Poliey Nuabet or Self-Insuranee Persic Nu�ber 04-034833 Dates of Coverage EfE�etive: OZ-14-90 e:r�==��m►: 02-14-91 - OR - I am not repuired to have vorkers' eompensation liability eoveras� b�eaus�: ( ) 1 have no employse• ewered by the lav. ( 1 Othe[ (Specify) I HAVE READ Ah'D IRiDERSTAND tiY RIGHTS AND OBLIGA'fIONS WIT9 AEGARD TO 6USINESS LICENSES. PERMIiS. AND WORKERS' COl�ENSAiION COVERACE, AND I CER'fIFY TNAS ?8E INlORliA'fI0li PROVIDED IS TRUE AND CORREC2. ' aignature dace �� . . . d-/o�z �� r � STAT: OF P�1�t1V�SOTA ) AFF'IDAVIT Cr APPLICA�i' ) ss. FOR SUNDAY ON-SALE � CCUNT'Y 0�' RAb1SEY ) LI6,UOR LIC�JSc The followin� is ar. affidavit of C �� << �,1) g�'Z . A°f�ar.t, being first duly s�aorn, saith under oath: That the business premises located at 3�= G� C F��.�Z 5�'�' - meets the following requirements of Chapter 340 of the t�inneso�a Statutes and the 5t. Paul Legislative Code pertaining to the licensing of Sunda� Gn- Sale Liquor Restaurant Establishments: 1. The establishment has facilities for seating not less thar. fifty guests at ar�y one time. 2. The establisaMent has the appropriate facilities °or serving meals. 3. The es�ablishment is under the control of a single proprietor or mar.ager. �:. Meals are re�ularly served at tables to the ger.eral public for -- consideration of payment. 5. The establishment employs an adequate staff to provide t?�e usual and suitable service to its guests. 6. The establishnent is properly licensed as a rest�urant under Chapter 291 of the St, Paul Legislative Code, 7, The establishraent meets the health requirements for food establisr- ments as specified in Chapter 291 of the St. Pa.ul Legislative Co�e ar_d Minnesota Statutes pertaining to the service of food. 8. The establishment meets the criteria and requirements se� forth herein on a continuing basis, including not only Sundays, but other times as well. That the affiant will notify the Office of the City License Inspector immediately upon the cessation of artiy of tbe require�ents specified above: That affiant ma.kes this affidavit for the purpose of Obtaining a Sunday On-Sale Liquor License for the premises located at � Co y C'�'�� c2 5� - for the year 19 q� . Further, affiant saith not. (' � ~ � - 0 V E R - . ' � . �'��a� v STATE OF �ti^.\�SOTA ) ) ss. . COUNTY OF P,A�LS�,Y ) h�� The foregoing instrument was acknowledged before me this / day of ^ . 19 �` E`j bY ��-��r �� .L C�J �nnnr.nn,�nnnnniv�tiv�nnnnnnnnnnnnnn,ts ^ , � . �,_+�;��^ ��!ST{NE U. 0'BRIE�f . . v 5,.��, ;,� NOIAFY PU"cLIC—PvllNNESOTA T O I'�T �b11C C011flty �•�� RAUISEY COUNTY My Cnmm.Expires Dec. 10,1993 B7V�`' � My commission expires : --------------------------------------------------------------------------- CORPOR4TE ACKNOWLEDGEME�IT STAi� OF :•1I'.�T'�_'dESOTA � _ ) ss. - CO'J�1TY CF RAy?.S�Y ) The foregoing instrument was ackno*�ledged before me this day of , 19 . by Name • Title and iJar,ie Tit le of . a on behalf of the corporation. Notary Public Ccunty � My commission expires: ►. - �-I a [ — �(�'� g - � �� `�=�`� r��,t:,,. � CITY OF SAINT PAUL �~ '- OFFICE OF THE CITY ATTORNEY o � � iiii iin +" �' "� JANE A. MC PEAK, CITY ATTORNEY ,... 647 City HaI1,�Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL - MAYOR �EC�I�! � !� April 12, 1990 APR � 3 i990 Ms. Marie V. Glidewell, President Limelight znc. ADMIIVIS��'� d/b/a Everybody's �� 369 Cedar Street St. Paul, Mn. 55101 Mr. Perry D. Miller, President Mr. Jesse Miller, Manager NOTICE OF HEARING Jescrco, Inc. d/b/a Everybod�'s 369 Cedar Street St. Paul, Minnesota 55101 RE: City of St. Paul vs. Limelight Inc. and Jescroc, Inc. , d/b/a , Everybody's, for the premises at 369 Cedar, St. Paul, MN 55101 Dear Ms. Glidewell and Messrs. Miller: This is to notify you that the hearing will be held concerning all the licenses held and to be applied for at the premises stated above at the following time, date and place: Date: May 9, 1990 Time: 9 a.m. Place: Room 1504 A City Hall Annex 25 West Fourth Street St. Paul, MN 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Mr. Allen E. Giles State Of Minnesota Office of Administrative Hearings Fifth Floor, Flour Exchanqe Buildinq 310 Fourth Avenue South Minneapolis, MN 55415 Telephone: 349-2543 . �i� --lb�z The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310. 05 and 310. 06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by sec�ion 340A.415 of Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On both March 13 and March 14, 1990, the licensee and/or employees or agents of the licensee allowed consumption and display of alcoholic beverages in the licensed premises after 1:00 a.m. and before 8:00 a.m. in violation of section 409.07 of the Legislative Code; and permitted persons to remain on the premises after 1:00 a.m. in violation of section 243.01 of the Legislative Code. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14 .57 to 14. 62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. 9�� You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, Part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14. 60, subdivision 2. Very truly yours, Il� • PHILIP B BYRNE Assistant City Attorney cc: Robert Kessler Acting License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings Lt. Daryl Olson Vice Unit Ms. Mary Krueger, C. O. Downtown Community Development �� • � �; � REQUESI fOR ASSI6NMEMt Of A�� Oat� of R�autst: - �a.- � � Contact ►��soe: �Q�y-*� T�1�oAont Nun��: �fACyt � /j� . �r� � �¢�• Tyot .of Cast: � . . � � � � . � M � , erred Qate s an0 T1me: � �"" � �� • . . � ' - .P�e f t �. � . . � � - _ " 4►'• location: , 1 a`� � � ' �� - G`�1 , . Ma1n .Issue: � . . �:i� � . , . . . . � . . . . , . • . . . . � . . . � CJO�....� , r Atton�eys for Parties: � � � — MeQia Covera9e Expectcd3/Anythln9 out of the ordinary►T . ,• JuO�e Assl9ned and Oate: � , u . , 1 S .1 . � � � . lV � � ' � � �o � i I � N � � � i � � � � � � , ` .t R H ! d � ' 1 A ' � � , Q N: r � r � • R V � � �� .�.11• � o�'N� �� .� �� 'O wrl �� (� w • �r� o� •..��y � • �� r+� � i �►� . �-1 �i � �� :� � �� N ^� �.�j � A :0. V 41.G : �O r� }� F..� � O ,� • • W v1 1.�.�•, �i� � � N ;�F+ m- rR.�:•.'. �� H �� i ;�� O Xr.' •�U � � ti-cJ O �`:: �� . � °i � �O w r+ N:' ! U �-1 � � .�i� � � �#�� . � H C/� � d �+ C � ��►• R+ � N t,�r•+W�a.t� i '� �� V�1 "''� k. �: �,, O � i 3 ��-�-, °� � c� a �� , , �: s •N � * �` • N � • N _ �t �+ � h M C!� q, iO !M/w/�nn�n■ _ �_ _ �,�. U' � _ � t � �� : � � , � q E...i �� r `� � � �� z -� � � : � � � � i �. ' � � � '' � w ;v�� Q : '� � :d� w �m � m � _ ; � _ � � !,�: � i ^ i 'Zt �Ni � � ��i s � : Zi� ;� )�. : iC7 �; i d ,�".,, d ;p� w i i y,� N " � .�p�; � � z � j O.r� � p .'�a Cj u• .�V�WVy� O ;Z ; �, a cn�d �,� � �, � �� °' � � � �+� o � � � .��'i � �•� � � '" dk �N' v�� o �V]p o s � � m � ;�..�, a � � S � � :�. �.,�b a..� � ,� � � � ��' ' �� F 0 ^� H a-1 � ,�� " �.; 0 � � i�i� � � � � y �'`� . 9 W p ` •��-I��AQ� � � � �` � • Q .�+ w C U '��"'� � Q+�'' � '` `� � o �3 � �U �r 1.D J-�j C3 � C3 � G .:. � �+�-I C�1 V]`� � '� �� - r.• � . !.. � .� ' . ♦ .� i.t..t' .. . ,L _1 i . -� . • `.Y. s `��, -!�,r ��'`� �(/ �/ �� 4�tT:,,, � '�z'=� CITY OF SAINT PAUL �` 'r OFFICE OF THE CITY ATTORNEY ' A O � IIIllllllll � � Ittl I ll 1t °r "� JANE A. MC PEAK, CITY ATTORNEY ,... 647 City Hall,Saint Paul,Minnesota 55102 61?-298-5121 JAMES SCHEIBEL - MAYOR April 12 , 1990 Ms. Marie V. Glidewell, President �_ Limelight Inc. d/b/a Everybody's 369 Cedar Street St. Paul, Mn. 55101 Mr. Perry D. Miller, President Mr. Jesse Miller, Manager NOTICE OF HEARING Jescrco, Inc. d/b/a Everybod�'s 369 Cedar Street St. Paul, Minnesota 55101 � RE: City of St. Paul vs. Limelight Inc. and Jescroc, Inc. , d/b/a Everybody' s, for the premises at 369 Cedar, St. Paul, MN 55101 _ Dear Ms. Glidewell and Messrs. Miller: This is to notify you that the hearing will be held concerning all the licenses held and to be applied for at the premises stated above at the following time, date and place: Date: May 9, 1990 Time: 9 a.m. Place: Room 1504 A City Hall Annex 25 West Fourth Street St. Paul, MN 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: � Name: Mr. Allen E. Giles State Of Minnesota Office of Administrative Hearinqs Fifth Floor, Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 Telephone: 349-2543 � � �. � "� �� /�� ,t, w.� »;��'� �.,.�,�1 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310. 05 and 310. 06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by sec�ion 340A.415 of Minnesota Statutes. - Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On both March 13 and March 14, 1990, the licensee and/or employees or aqents of the licensee allowed consumption and display of alcoholic beveraqes in the licensed premises after 1:00 a.m. and before 8:00 a.m. in violation of section 409.07 of the Legislative Code; and permitted persons to remain on the premises after 1:00 a.m. in violation of section 243.01 of the Legislative Code. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14 .57 to 14. 62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken. ^ -_ - - �.� , �e.. �v ,�D� v �� 1�r;�:� x-�� t"Y w . `..'I,rC�nsy ,urt You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, Part 1400.7000. If you think that this matter can be resolved or settled without _ a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14. 60, subdivision 2. Very truly yours, _ PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler Acting License Inspector Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings Lt. Daryl Olson Vice Unit Ms. Mary Krueger, C. O. Downtown Community Development � � � r �. O i • � • C f �y ,..� � � t � ` � .� � � i i � ,� u u � Z 0 p � ^�('�( � � � �{! �/� � �5 • j y � F \ x y+ C � � ^1 W 1V ` V Y Y GGG M O { \ w � �� O � � � 0 � V, � ` 17 �+'r i' � � : o fb H o ►� � � � m � � m � � ❑ � Y M • w � � O� ��,,� � � �L� ��KK W � �� p' _ K- F-� ► y � � � }.� � O .�'1 �ry... � O [ r �( V O 0 V t S � ('7 � V r-j •� '�L � �. � � p r�.-� •� : OZ ` � � Q� � 'r'� � •�'1 Q� � � � 4°�ia,. 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