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89-845 WHITE - CITV CLERK COI�I�ICI1 ��/jG �/[� PINK - FINANCE G I TY O A I NT PAU L /� �/ /� BLUERV - MAVORTMENT File NO. y • v� � ,� C unc l esolution /` �:�� Presented By �� .___ Referred To Committee: Date Out of Committee By Date RESOLVED, that the on- al liquor, on-sale Sunday liquor, off-sale malt liquor, and r st urant licenses, held by Cusick' s Inc . dba Reaney' s Bar, Mich el J. Reaney, Jr. , President, for the premises at 870 Payne A en e in St. Paul, are hereby suspended for a period of 5 consecuti e ays, commencing on the second Sunday following publication of th s esolution. The 5-day suspension consists of 2 days tor the ff sale violation and 3 days for the sale to a minor. This resolution is bas d n the record of the proceedings before the Administrative L w udge, the documents and exhibits introduced therein, the tes i ny offered by licensee at the Council Hearing on May 4, 1989, and t deliberation of the Council in open session. The Council do ts the findings of fact and conclusions of law of the Adn�inist�cativ w Judge contained in his report of April 14 , 1989 . The Council departs do n rd from the presumptive penal'ty matrix provided by Section 0 . 26 of the St. Paul Legislative Code. This departure is be a se the Council is considering in committee and has taken fav r le preliminary action on a revision of the presumptive penalty a rix, which when adopted by the full Council will r�educe the pen 1 y for sales off-sale without an off-sale license from three t two days suspension, and for sale to a minor, from 5 days to ay suspension. The likelihood of favorable action on the rev' s ' on is sufficiently great to make it unfair to impose the cur e t, harsher penalty. A copy of this resolut 'o , as adopted, shall be sent by first class mail to the Administr t 've Law Judge and to the licenseholder. .� COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long [n Fa r Goswit,�_ Rettman B sche;be� _ Again t Y Sonnen Wilson �Y � � Form Appr ved by Cit Attorney Adopted by Council: Date ' � � Certified Ya.s ounci( S ar By �/�'� Bp A►pp by INavor: Da !'1H1 � 1 Approved by Mayor Eor Submission to Council By pURt�1SF{� MAY 2 �19 9 L� , �," ,� r- � �; �_ �. , _._ `�'%enu /� :�.f�S�l _ N�� .•R] � � - -. -'� `. � - �-�4'��/ � - = `�a�"JP ?r_. �/�x�� + , :�: '•.�*�* ,. S�/ J �� ,1 � STATE F M I N N ESOTA OFFICE OF A MI STRATIVE HEARINGS FIFTH FLOOR, LO R EXCHANGE BUILDING RECEIVED 310 FO RT AVENUE SOUTH MINNEA LIS MINNESOTA 55415 APR 1719a9 (612 341•7600 Ap i 1 14, 1989 ClTY CL�f��C Albert B. Olson City Clerk St. Paul City Council 386 City Hall St. Paul , Minnesota 55102 Re: In the Matter of the Liquor Li en e of Reaney's Bar; OAH Docket No. 8-2101-3194-6. Dear Mr. Olson: Enclosed herewith and served u on you are the Findings of Fact, Conclusions and Recort�nendation in t e bove—referenced matter. Also enclosed is the official record and the dupl ca e tape of the hearing. Our f91e in thls matter is now being closed. Yours very truly, l.� l�'>'L`�`;.�/dr�'�/� JO L. LUNDE Administrative Law Judge Telephone: 612/341-7645 JLL:sh Enc. cc: Philip 6. Byrne, Assistant Cit A torney Michael J. Reaney, Jr. , Licens e AN EQUAL O PO TUNITY EMPLOYER ' t STATE Of MINNESOTA) ) ss. 8-2101-3194-6 COUNTY OF HENNEPIN) Reaney's Bar RECEIVED AFfIDAVIT OF S RVI E BY U.S. MAIL APR 1'� 1989 CITY CLEkK Sandra A. Haven, being first duly sw rn, hereby deposes and says that on the 14th day of April , 196 , t the City of Minneapolis, county and state aforementioned� she served the tt ched FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION by depositing in the United States ma 1 t said City of Minneapolis, a true and correct copy thereof. properly en el ped, with first class postage prepaid, and addressed to the individ al named on the attached mailing list. �inrd�� C� -��v��/ Subscribed and sworn to before me this 14th day of April , 1989 � � Notary Publi u v�av R� ; NOTAiiY PuBLIC,.i1NNESOTA _ �HEN�NEpIpN�� ` A b t B. Olson C t Clerk S . Paul City Council . ; 6 City Hall S . Paul, NIN 55102 hi ip B. Byrne ss' stant City Attorney 47 City Hall t. Paul, NIN 55102 M chael J. Reaney, Jr. C sick's, Inc. d b/a Reaney' s -Bar g p Payne Avenue . Paul, NIDI 55101 ' �� a. 8-2101-3194-6 s O/�� STA MINNESOTA OFFICE OF A MI ISTRATIVE HEARINGS FOR THE CITY F AINT PAUL, MINNESOTA In the Matter of the Liquor FINDINGS OF FACT, License of Reaney' s Bar CONCLUSIONS AND RECOMMENDATION The above-captioned matter ca e n for hearing before Administrative Law Judge Jon L. Lunde com�nencing at 9:00 a.m. on March 30, 1989, in Room 1504, City Hatl Annex, 25 West Fourth St ee , St. Paul , Minnesota. The hearing was held pursuant to a Notice of Heari g ated February 3, 1989. The record closed at the conclusion of the hearing o M rch 30, 1989. Philip B. Byrne, Assistant Ci y ttorney, 647 City Hall , St. Paul , Minnesota 55102, appeared on behal o the Licensing Division of the City of St. Paul (City) . Michael J. Reane , r. , president and sole owner of Cusick's, Inc. , d/b/a Reaney's Bar, 870 Payn A enue, St. Paul , Minnesota 55101 , appeared on behalf of Cusick's, Inc. (Licen ee . This Report is a recommendati n nly. It is �4#. a final decision. The St. Paul City Council witl make a in l decision in this matter after a review of the record. The Council may ad pt re�ect or modify the Findings of Fact, Conclusions and Recommendation con a9 ed herein. Pursuant to M1nn. Stat. § 14.61 , the City Council 's final ec sion shall not be made until this Report has been made available to the par ie to the proceeding for at least ten days. An opportunity must be affo de to each party adversely affected by this Report to file exceptlons and pres nt argument to the City Council . The parties should contact Albert B. 0 so , City Clerk, 386 City Hall , St. Paul , Minnesota 55102, to ascertain the ro edure for filing exceptions or presenting argument. F Tt�E ISSUE The issue in this case is whe he or not the St. Paul City Council should take adverse action against the on sa e liquor license held by the Licensee because one of its employees <1) p rm tted alcoholic drinks to be sold for consumption off the premises and ( > erved an alcoholic drink to an under-age person. Based upon all the proceeding h rein, the Administrative Law Judge makes the following: T 1 . Michael J. Reaney, Jr. , o ns and operates Cusick' s, Inc. , doing business as Reaney's Bar, located t 70 Payne Avenue in St. Paul , Minnesota. The establishment has an on-sale 1 qu r license, an on-sale Sunday liquor license, an off-sale malt liquor 1 ce se, and a limited restaurant license (Class B) (No. R16230) . Its patro s re not young. Typically, they are 30 years old or older. , ��- �� 2. James Misencik and Dennis Je sen are pollce officers with the St. Paul Police Department. At approximate y 0:30 p.m. on December 1 , 1988, while on patrol , Misencik and Jensen observ d erald Lee Parks leaving Reaney' s Bar carrying two plastic drinking glas es 3. Misencik and Jensen susp te that the drinking glasses Parks had contained alcoholic beverages. C s uently, they questioned Parks as to their contents. Parks initlally stated th t one glass contained orange �uice and the other was a Coke. The officers s elled the drinks and could tell that they both contained some type of alcoh 1 . At that time, Parks admitted that they were mixed drinks containing alco ol Parks stated that he had purchased them from the Licensee's bartender, Jo A thur Weekes, for $5.00, and that one was a vodka/orange �uice and the other r m and Coke. Parks also reported that he had asked the bartender if he cou d urchase drinks to go and that the bartender said that he could. 4. After issuing a citation t Parks for drinking in public, Officer Jensen entered Reaney's Bar to q s on Weekes. Weekes initially denied that any mixed drinks were sold to Pa s. However, after Jensen brought the drinks back into the bar, Weekes admitt d at he had sold Parks two mixed drinks. Consequently, Weekes was issued c tation for the illegai sale of liquor. Weekes subsequently plead guilty to the citation. 5. Based on complaints tha u der-age persons were drinking at Reaney' s Bar, Mark Kempe and Gary Bohn, s rg ants in the St. Paul Police Department' s Vice Unit, conducted an undercov r nvestigation of the Licensee's establishment on January 5, 1989. hey were assisted by an 18-year-old college student named Shannon Larkin. rk n is studying law enforcement and volunteers her time to the Poli partment. 6. At approximately 9:45 .m. on January 5, 1989, Bohn, Kempe and Larkin arrived at Reaney's Bar. Bohn nd empe entered the establishment first and sat down at the bar. Larkin ca e n about five minutes later and took a seat at the bar about 20 feet from t em Larkin, who was dressed in her usual manner, ordered a can of Miller Li e from the bartender, Jon Arthur Weekes. Weekes opened the can and serve t e beer to Larkin, who tendered payment for it. Weekes d1d not ask Larkin or any identification before or after the sale was made. After Larkin paid fo t e beer, it was examined by Sarqeant Kempe. After Kempe verified that Weeke h d served Larkin a can of beer, Larkin, Kempe and Bohn left the estabtishment. s soon as they left, a unlformed police officer entered the bar to obt in he name of the bartender that made the sale. Weekes was the only bar en r on duty. 7. Under Mr. Reaney's po ic es, no drinks are to be sold for off-premises consumption. Reaney' s Bar als h s a policy requiring age ldentification from its patrons. Because there is no "bouncer" at the door to screen patrons, and since no beer is served at the ta les, bar patrons are only asked for identification when they appro ch the bar to place an order. The only identification to be accepted s valid Minnesota driver' s license or Minnesota picture identificati n. Out-of-state licenses are not accepted. When it is determined that an nd r-age person is in the bar, that person and all companions are asked to le ve. 8. Mr. Weekes began wor in for the Licensee as a fill-in bartender about two weeks prior to December 1 1 88. He is not an experlenced bartender and worked alone two or three nig ts each week. Because of the incidents discussed herein, Weekes 1s now used as a artender only one hour weekly. -2- . ��"_ o� v�-- D . � 9. The Licensee has not been pr viously charged with any license violations. Based on the foregoing Findin s f Fact, the Administrative Law Judge makes the following: 1 . That the St. Paul C1ty Co nc 1 and the Administrat9ve Law Judge have authority to consider the issues r is d 1n the Notice of Hearing and to take adverse action against the on-sale li uor 1lcense held by the Licensee under Minn. Stat. §§ 340A.415 and 14.50 19 8) and Chapters 310 and 409 of the St. Paul Legislative Code. 2. That the Notice of Hearin d ted February 3, 1989, is proper in all respects and that the City has com li d with all relevant substantive and procedural requirements of statute an rule. � 3. That the City has the bur en of proof to establish liquor license violations for whlch adverse actio i proposed by a preponderance of the evidence. 4. That on December 1 , 1988, on of the Llcensee's employees served two alcoholic beverages for consumptio o f the premises of Reaney's Bar in violation of §§ 409.01 and 409.02 f he St. Paul Legislative Code. 5. That on January 5, 1989, ne of the Licensee' s employees served an alcoholic beverage to an under-age pe son at Reaney's Bar in violation of Minn. Stat. § 340A.503, subd. 2 (1) , and § 09.08 (2) of the St. Paul Legislative Code. 6. That the presumptive pena ty for the sale of alcohol for consumption off the premises under § 409.26 (b o the St. Paul Legislative Code is three consecutive days. 7. That the presumptive pena ty for the sale of alcohol to under-age persons under § 409.26 (b> of the t. Paul Legislative Code is five consecutive days for the first violation. 8. That there are no substan ia and compelling reasons that make it appropriate for the City Council t d viate from the presumptive penalties contained in § 409.26 (a) of the S . aul Legislative Code. 9. That the Llcensee is reso si le for the illegal acts of its employees under § 409.08 (5) of the St. Paul Le islative Code. Based on the foregoing Conclu io s, the Administrative Law Judge makes the following: R N AT N IT IS HEREBY RECOMMENDED: (1 ) That the charge alleging a iolation of the liquor laws on December 1 , 1988, be AFFIRMED. -3- N, + <2> That the charge alleging a olation of the liquor laws on January 5, 1989, be AFFIRMED. <3) That the Licensee's on-s le liquor license be suspended for a period of eight consecutive days. Dated this �'y� day of April , 19 9. �� JON L. LUNDE Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62 subd. 1 , the agency is required to serve its final decision upon each part a d the Administrative Law Judge by first class ma11 . Reported: Taped N M Under § 409.01 of the St. P ul Legislative Code (Code) , no person may sell intoxicating liquor for consumpt on at any time or place within the city without a 1lcense. Section 409. 2 tates that the words "off-sale" mean "the sale of liquor in orlginal pack es in retail stores for consumption off or away from the premises where sol " nd the words "on-sale" mean "the sale of liquor by the glass for consump io on the premises only". The Licensee violated these code provisions he its bartender sold two mixed drinks for consumption off the premises on De ember 1 , 1988. The individual who purchased the drinks and the bartender bo h dmitted to police officers that mixed drinks were sold for consumption off t e remises and Weekes later plead guilty to a citation for doing so. Althoug M . Reaney testifled that Weekes did not know that the drinks he sold to Park w uld be taken off the premises, that testimony is not persuasive because it is wh lly inconslstent with Weekes prior admission and his guilty plea. In an attempt to dlscredi t City's evldence, Mr. Reaney testified that the $5.00 Parks allegedly paid fo the drinks he took from the establishment was too high because two drink w uld not cost that much. However, the City suggested the price of the dri ks may have been inflated by Weekes because he knew they were purchased for c ns mption off the premises. If the usual price of two mixed drinks at Reaney' B r is substantially less than $5.00, the $5.00 price paid by Parks suggests t at Weekes inflated the price because the drinks were to be taken off the premi es or sold "doubles". It does not suggest that the sale was not made. There s imply no persuasive reason why a patron would purchase mixed drinks in 12-o ce plastic glasses unless they were "to go" . -4- � (�' /_'_ ��/ ,�`" Q `7 7`-' � The City also established a vi at on of Minn. Stat. § 340A.503, subd. 2 (1) , and § 409.08 (2> of the St. Pa 1 gislative Code. Both prohibit the sale of alcoholic beverages to under-age pe sons. In order to establish a violation of these provisions, the City must ho that liquor was sold by the Licensee, that the sale was made to an under- ge person, and that the sale occurred on the date and in the city alleged. i , 415 N.W.2d 326, 328 (Minn. 1987> . A licensee charged with sel in alcohol to an under-age person can avoid liability if it can be shown ha when the sale was made the licensee's bartender relied on a form of age i en ification set forth in Minn. Stat. § 340A.50, subd. 6, in good faith. In this case, that defense is not available because Weekes never requested any de tification from Ms. Larkin. Mr. Reaney questioned whether he bartender actually served a beer to Larkin, rather than to the person w o as seated beside her. However, Mr. Reaney was not present when the sal o curred and his hypothesis that the bartender actually served the pers s tting next to Ms. Larkin is wholly speculative and unpersuasive. If e artender did not intend to serve Larkin, he would have not accepted payment o the beer he gave her. Since most of the establishment's patrons are over a e , an 18-year-old girl like Larkin should have drawn the bartender's attenti n r suspicion, and he should have requested identification from her. His fail re to do so suggests that Mr. Reaney's policy of requiring identification is not rlgidly followed or was not clearly cormnunicated to Weekes. Under § 409.26 (a) of the Cod , resumptive penalties may be modified for substantial and compelling reasons n this case, no compelling reasons exist for departing from the presumptive pe alaties. Although Weekes was an inexperienced bartender more likel t be ignorant of the laws appllcable to liquor sales than an experienced p rs n, his inexperience should not be considered in determining the pena ty to be imposed. S1nce Mr. Reaney knew Weekes was inexperienced and was ar of the liquor-related problems that exist on Payne Avenue, he should ve carefully informed Weekes about the sale of 1lquor to minors or for off-pr is s consumption and explained the "carding" procedures Weekes should follow. Ho ver, the record does not show that Mr. Reaney took any meaningful st ps to advise Weekes of prohibited acts or to stress the importance of complian e, even after Weekes' first violation. To Mr. Reaney's credit, he v9rtually st pped using Weekes as a bartender after the January violation, but that actio w s "too little, too late". Although there is no compeli ng reason for departure from the presumptive penalties 1n the Code, one penalt -r lated issue remains: whether the penaities imposed shoutd run concurrently o c nsecutively. The Code does not address this issue. However, before the re umptive penalty provisions were enacted, the City Council imposed consecut ve penalties on ticensees who violated more than one liquor law. See, n r i f r and n M f h i r f h r . Imposing consecutive penalties for two or r liquor law violations occurring at different times is appropriate. he e simply is no reason why a licensee whose violations occur so close in tim t t they are covered in one contested case should have its license suspende f a shorter time period than would result if the violatlons were considere i separate proceedings. In fact, after an initial violation one would expe t licensee to take steps to avoid a second violation, at least over the sho t erm. For these reasons, it is concluded that the presumptive penalties s ou d run consecutively. J.L.L. -5- . ��_�/��^ 7� ` � ' �..o f�� °��. CITY OF SAINT PAUL s�� 3'� ' � �' OFFICE OF THE CITY ATTORNEY �. ;�:, � . � uutl�ntu. ;: '�;: `"" 101� �� EDWARD P. STARR, CITY ATTORNEY '``'��R,.��.��"�' 647 City Hall, Saint Paul.Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR RECEIVED APR 1'71989 February 3, 1989 CITY CLtKK Mr . Michael J. Reaney, Jr . NOTICE OF HEARING Cusick' s, Inc. — 874! Payne Avenue Saint Paul , Mn. 55101 RE: Reaney' s Bar , 87� Payne Aven e Dear Mr. Reaney: This is to notify you that a he r 'ng will be held concerning all the licenses held at the premi es stated above at the following � tim e, date and place: Date: March 3�1, 19 9 Time: 9:00 a.m. Room 1563 Ci y all Annex 25 W. Fourth St eet, St. Paul , Mn. The judge will be an Administr ti e Law Judge from the State of Minnesota Office of Administrat v Hearings: Name: Jon L. Lu d Address : Fifth Flo r , Flour Excnange Building 310 Fourt enue South Minneapol s, Mn. 55415 Telephone: 341-7645 The Council of the City of aint Paul has the authority to provide for hearings concernin licensed premises, and for adverse action against suc licenses , under Chapter 310 , including sections 310. PJ5 n 31 �D. 4�6 , of the Saint Paul Legislative Code. In the cas f licenses for intoxicating and non- intoxicating liquor , auth r ' ty is also conveyed by section 34PlA.415 of the Minnesota Stat t s. Adverse action m ay include revocation, suspension, fines nd other nenalties or conditions. Evidence will be presented to he judge which may lead to adverse action against all the license y u hold at the above premises as follows : a _ -- � On December 1 , 1988 , artender at Reaney' s Bar sold drinks for consum ption o f the premises, a violation of the scope of the li e sed establishm ent' s on sale 1 icense under section f�9.g1 and 409.4l2 of the Saint Paul Legislative Code. n January 5, 1989, a bartender on the lic�nsed pre is s sold beer to a minor in violation of Section 4fd .P18 (2) of the Code, and Minn. Stat. Sec. 340A.5413, ub . 2 (1) . You have the right to be repre e ted by an attorney before and during the hearing if you so c oose, or you can represent yourself. You may also have a p rson of your choice represent you, to the extent not prohibi e as unauthorized practice of law. The hearing will be conducted i a cordance with the requirem ents of sections 14.57 to 14. 62 of t e Minnesota Statutes, and such parts of the procedures under e tion 31�.05 of the Saint Paul Legislative Code as may be appl c le. At hearing , the Administrativ L w Judge will have all parties identify themselves for the re or . Then the City will �resent its witnesses and evidence, eac o whom the licensee or attorney may cross�exam ine. The 1 icens e ay then of fer in rebuttal any witnesses or evidence it may is to present, each of whom the City attorney may cross-examin . The Administrative Law Judge may in addition hear relevant a d aterial testimony from persons not presented as witnesses who av a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close p ox 'mity to the licensed premises m ay have substantial interest in the outcom e of the proceeding. Concluding arguments may be ma e by the parties. Following the hearing, the Judge will prepar F' ndings of Fact, Conclusions of Law, and a specific recommenda io for action to be taken. You should bring to the hea in all docum ents , records and witnesses you will or may e d to support your position. Subpoenas m ay be available to o pel the attendance of witnesses or the production of docum en s in conformity with Minnesota Rules, part 140g.7000. If you think that this m atter a be resolved or settled without a formal hearing , please cont c or have your attorney contact the undersigned. If a stioulat ' o or agreem�nt can be reached as to the facts , that stipula i n will be presented to the , � _ -_ � �-��c.�- Administrative Law Judge for n orporation into his or her recommendation for Council actio . If you fail to appear at the hearin , the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challen e hem forfeited. If non-public data is received into evidence a the hearing, it may become public unless objection is ma e and relief requested under Minnesota Statutes, section 14.6 , ubdivision 2. Very truly yours, PHILIP B. BYRNE Assistant City Attorney (612) 298-5121 Atty. Reg . No. 13961 cc: Joseph F. Carchedi License Inspector Lt. Donald Winger Vice Unit Albert B. O1 son City Clerk Paige Purcell Office of Administrative He r ngs . :. �A �h�� n�- ��,� . . . � � 2' RECEIVED �� LI ENSES 4 310.01 ��:' T�- APR 1 r��7VJ SUBTITLE A.IN GENERAL CIrY CLE�K Legislative Code Chapter 310. Uniform License Procedu s 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 chapt r o Distributing 316 the Legislative Code pertaining to licenses as ere Amusement Rides 317 inafter mentioned, and subsequently enacted rdi Mechanical Amusement Devices 318 nances establishing or relating to the require n Bill Posters 319 for Class I, Class II and Class III licenses u de Bituminous Contractors 320 authority of the City of Saint Paul, the t Boarding and Roominghouses; de�ned in this section shall have the mean ng Dormitories 321 ` ascribed to them: Bowling Alleys; Pool Halls 322 � Christmas�ee Sales 323 Adverse action means the revocation or sus en Cigarettes 324 sion of a license, the imposition of conditions po - Close-Out Sales 325 a license,the denial of an application for the ant Building Contractors 326 issuance, renewal or transfer of a license, an Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action t e plants; Laundries 327 with respect to a license, licensee or applican fo Electrical and Appliance Repair 328 ,�:��-,, a license. Fire Alarm—Telephone Devices; r� 'i."'��f. �.i.".,.:l'?':e? ;•M�..r:,�:: Apparatus Installers 329 °•��:' Bond means a bond meeting the requirem nt • � � of Section 310.0? and indemnifying the Ci o Florists 330 Saint Paul against all claims,judgments or uit Food License 331 caused by, resulting from or in connection it Fuel Dealers—Liquid Fuel 332 any licensed business, activity, premises, t ing Fuel Dealers—Solid Fuel 333 facility, occurrence or otherwise under t es Fumigating—Pest Control 334 chapters. Gasoline Filling Stations 335 Private Fuel Pumps 336 Building offccial means the supervisor of od Hardware Stores 337 enforcement in the department of commu it House Sewer Contractors 338 services. Ice Cream Processing and Distrib- - uting 339 Chapters and these chapters shall mean thi Mercantile Broker 340 Uniform License Ordinance, any chapter o th Milk 341 Legislative Code pertaining to licenses as ere Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted rdi Opticians 343 _ nances establishing or relating to the require n Pawn Shops 344 for Class I, Class II and Class III licenses u de Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licenses means those licenses whic ca Radio and Television Repairs 348 be approved and issued or denied by the in pec Rental of Clothing 349 tor, subject to the procedures required by t es Rental of Hospital Equipment 350 chapters. The following licenses are so classi ied Rental of Kitchenware 351 �, and the numbers shown opposite them corres on Rental of Trailers 352 �`'��?' to the chapters in the Legislative Code pertai in Roller Rinks 353 ;�;'s'k - .x:s�.::-"~""i �°:`'•?�"�=� to each license: Sanitary Disposal 354 `�=�� Supp.No.4 ' 2027 _ ��- � ' , ��`��. $310.01 LEGIS N CODE f��'�''�' �....,...: :: . Legislative Legislatiue Code Code Class I Licenses Chapter Class III Licenses Chapter Secundhand 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�ucks—Service Vehicles 361 Hotel 407 �ee�imming 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�ades Business Licenses 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Parking Lots 41'1 Finishing Shop 371 Taxicabs 418 - Tire Recapping Plants 372 Gambling License 419 ;�;:�-:��:�� j;:•',�::::.:.: �ansient Merchants 373 - _ Class II licenses means those licenses which Director means the director of the department must be approved or denied by the director, sub- of finance and management services, unless oth- ject to the procedures required by these chapters. erwise defined in the specific chapter, section or The following licenses are so classified, and the subdivision refened to. numbers shown opposite them correspond to the Division means the division of license and per- chapters in the Legislative Code pertaining to mit administration in the department of finance each license: and management services. Legislative Class II Licenses Code Fee means and includes both the license fee . and application fee unless otherwise provided. Auctioneers—Short Term License Chapter 39 City Gambling Permit Section 402.06 License means and includes all licenses and Soliciting Funds—Tag Days Chapter 391 Permits provided for or covered by these chapters. Temporary On-Sale Beer Section 410.10 Person means and includes any person, firm, Temporary Wine and Liquor Section 409.25 corporation, partnership, company, organization, - Class III licenses means those licenses which agency, club or any group or association thereof. can be approved or denied only by the council, It shall also include any executor, administrator, subject to the procedures required by these chap- trustee, receiver or other representative appointed ters. The following licenses are so classified, and by law. the numbers shown opposite them correspond to Zoning administrator means the supervisor of , the chapters in the Legislative Code pertaining to code enforcement in the department of commu- each license: . ��.::.. ;�: Supp.No.4 ' . ~ 20 8 �� ::, IC NSES $310.02 � nity services, or the official charged with respo - 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- 5; 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 perm' s ted by each applicant in his application, in addi- issued pursuant to these chapters shall make bo tion to that required by specific sections in these original and renewal applications to the inspect r chapters, as may be necessary to carry out and on such forms as are provided by the divisi . enforce any provision hereunder. He shall require Such applications shall not be received by t e in every case the applicant to submit his name; inspector until completely filled out, accompani business or�corporate name; names of partners, by all fees, insurance policies, bonds, depos ts, o�cers,directors,shareholders or trustees involved sureties, and indemnifications or certificates e- in the business; age; address; description or blue- - quired by these chapters, together with the ce i- print of the premises,if any,and the o�vner 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 lice se, a renewal of a license or transfer of a lice se (d) No reapplication within one year after de- required by the Saint Paul Legislative Code n- nial or revocation. No person may apply for any less, prior to and in addition to any other req 're- license within one year of the denial or revoca- ments,rules or ordinances heretofore or here ter tion of the same or similar license by the city - required, the R,amsey County Department of op- council, if such denial or revocation was based " erty Taxation certifies that said applicant has solely or partially upon misconduct or unfitness • paid any and all taxes, real or personal, b ore of the applicant, evidence of violations of law in- said taxes become delinquent, on any prop rty volving licensed premises, evidence that the ap- real or personal,situated within the City of S in plicant had been involved in the operation of a Paul and used in connection with the busi es 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 th transfer a license to the applicant. A license is council, the director or the inspector may i sue "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 agreemen sa relevant basis on which to deny or revoke a li- isfactory to the Ramsey County attor y t cense of the type subsequently applied for. pay delinquent taxes in periodic install en ; (e) Reapplication after denial; "interest" of ap- (2) The applicant has properly commen ed plicant in revoked license. An application by a proceeding to contest the amount t person having an interest in, or whose sharehold- _ due or the valuation of his propert a ers or officers have an interest in, any premises has made all partial payments requi d or enterprise whose license has been revoked or law in connection with such proceedi g; r to which a license has been denied shall be treated (3) The business property with respect to hi h as an application by the person whose license was ta:ces are delinquent is not owned y t e denied or revoked. The term "interest," as used applicant, but by a lessor, and it wo ld e in this paragraph, includes any pecuniary inter- inequitable to require the lessee to pa su h est in the ownership, operation, management or taxes. profits of an establishment, but does not include: �:. �� - Supp.No.4 2029 �. - �'��. ��-- �:910.0'L LEGISLATN CO E - bona fide loans; bona fide rental agreements;bona ria e, the assistance of other city divisions or fide open accounts or other obligations held with ep rtments in making additional investigations or without security arising out of the ordinary or e purpose of determining whether the appli- and regular course of business of selling or leas- an is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- le rdinances and statutes.The approval of such tablishment; an interest in a corporation owning th divisions or departments is not required for or operating a hotel but having at least one hun- ssu nce of a license unless otherwise required by dred fifty (150) or more rental units holding a pe fic sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- ati ns shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- rat r or his designee for compliance with all re- ing a license. ui ments of the Saint Paul Zoning Code, and o ew license shall be granted without full com- (� Prohibition on reapplicafion; exception. The lia ce with said requirements. All new applica- prohibition on reapplication herein provided shall ion involving a premises, location, building or not apply in cases where it is otherwise expressly tru ture shall be referred to the director of the � provided by statute or ordinance. ep rtment of fire and safety services and to the (�;) Waitircg period aftcrr �ling of petition. Any ui ing of�cial for investigation and recom- petition required to be �led with the application e ation. for any license shall not be considered as offic- Co e 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working days after a petition is received in the inspector's c 310.(}4. Levels of approval;recommenda- o�ce. During the seven-day �vaiting period, any tions. signatc�r of any petition may withdraw his name _ thei•efrom by �vritten reyuest, and such request �a Class I licenses. Where an application for _ he ant,issuance,renewal or transfer of a Class shall be appended to the subject petition and made lic nse meets all the requirements of law, and � a part thereof. After the seven-day waiting peri- he exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is us nsion of,or the imposition of conditions upon, shown they were obtained by fraud or duress. Signa�ures withdrawn or obtained by fraud or uc license,the inspector shall grant,issue,renew duress shall not be counted in determining the r t ansfer said license in accordance with the sufficiency of the petition. This subdivision shall PP �cation. apply in any case where the applicant for a li- (b Class II licerzses. Where an application for cense or license transfer must present a state- he ant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or I li ense meets all the requirements of law, and percentage of persons that they have given their he exists no ground for denial, revocation or consent to the grant of the license or license transfer. us nsion of,or the imposition of conditions upon, (Code 1956, § 510.02) uc license,the director shall require the inspec- . or o grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new n a cordance with the application. applications,etc. - (e Class I and Class II lieenses, if denied by The inspector shall determine the sufficiency 'ns ctor or director. In the event the inspector, and accuracy of each new application and obtain n t e case of Class I licenses, or the director, in such criminal history information as may be used he ase of Class II licenses, determines that the under Minnesota Statutes, Chapter 364, and is pp ication for grant, issuance, renewal or trans- otherwise available by law. The inspector shall er f the license does not meet all the require- make reasonable and appropriate investigation e ts of law or that there exist grounds for deni- of the premises or personal property, vehicles or 1, vocation, suspension or other adverse action facilities, as may be involved in or related to the ga nst the license or the licensee, the inspector licensed activity, and shall request, where appro- r d rector shall recommend denial of the applica- - ' .,`f.',.., Supp.No.4 '"`" 2030 f`:�'•'�, CENSES §310.05 tion and follow the procedures for notice and ar- 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 �� (d) Class III licenses. Upon receipt of a ull the issuance�of the license. completed application and required fees for a 1 (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; _ Ord. No. 17551, § 1, 4-19-88) III license, and after the investigation req ire , ' . the inspector shall notify the council. A bl' hearing shall be held by the council's com itt �c. 310.05. Hearing procedures. designated to hear license matters on the an , (a) Adverse action; notice and hearing require- issuance or transfer of all Class III license . T e ments. In any case where the council may or in- council's committee designated to hear lice m - tends to consider any adverse action, including ters may hold a hearing on the renewal a y the revocation or suspension of a license, the im- Class III license. In any case where the ins ect r position of conditions upon a license,or the denial recommends denial of the grant,issuance,re ew of an application for the grant, issuance, renewal - or transfer of a Class III license, or whe e t e or transfer of a license, the applicant or licensee - council's committee designated to hear lice m t- shall be given notice and an opportunity to be ters believes that evidence might be recei ed t heard as provided herein. The council may con- the public hearing which might result in cti n sider such adverse actions when recommended by adverse to the application, the inspector o co the inspector, by the director, by the director of cil's committee designated to hear licens m t- �y executive department established pursuant ters shall follow tl�,e procedures for noti e a d to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. Wh re e or on its own initiative. application for the grant, issuance, rene al or transfer of a Class III license meets all he e- (b) Notic� In each such case where adverse ac- • � -� quirements of law,and where there exists no o d tion is or will be considered by the council, the -.. for adverse action, the council shall by res lut on council shall in writing notify the applicant or direct that the inspector issue said licens in ac- licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled (e) Appea� Class I or Closs II licenses. An p_ to a hearing before the council. The notice shall peal to the city council may be taken y ny be served or mailed a reasonable time before the person aggrieved by the grant, issuance, ne al hearing date, and shall state the place, date and � or transfer of a Class I or Class II license;pro id- time of the hearing. The notice shall state the ed,however,that the appeal shall have b n led issues involved or grounds upon which the ad- with the city clerk within thirty (30) da s ter verse action may be sought or based.The council the action by the license inspector or ire or. may request that such written notice be prepared The only grounds for appeal shall be th t t ere and served or mailed by the inspector or by the has been an error of law in the grant, i su ce, city attorney. renewal or transfer of the license. Th ap eal (c) Hearing. Where the cause for the adverse shall.be in writing and shall set forth in par icu- hearing is based upon a violation of law and there lar the alleged errors of law. The cou il hall is no dispute as to the facts underlying the viola- _ conduct a hearing on the appeal within t irt (30) tion, the hearing shall be held by the council's days of the date of filing and shall n tif the committee designated to hear license matters. Oth- licensee and the appellant at least ten 10) ays erwise the hearing shall be conducted before a prior to the hearing date.The procedure set orth hearing examiner appointed by the council for in Section 310.05, insofar as is practica le, hall that purpose. The applicant or the licensee shall apply to this hearing. Following the he rin , the be provided an opportunity to present evidence council may aff'irm or remand the mat er the and argument as well as meet adverse testimony inspector or director, or may reverse or lac con- or evidence by reasonable cross-examination and ditions upon the license based on the co cil's rebuttal evidence. The committee or hearing ex- �°�_�:-~ Supp.No.4 2031 �. � �i � �� . �� §310.05 LEGISLAT E ODE `�-�""��: f�'`,. aminer may in its discretion permit other inter- (fl Council action; resolution to contain fznding� ested persons the opportunity to present testimony ere the council takes adverse action with re- or evidence or otherwise participate in such hearing. ect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing �e,the resolution by which such action is taken _ examiner shall hear all evidence as may be pre- hall contain its findings and determination, in- sented on behalf of the city and the applicant or luding the imposition of conditions, if any. licensee, and shall present to the council written (g) Additional procedures where required Where findings of fact and conclusions of law together he provisions of any statute or ordinance require with a recommendation for adverse action. dditional notice or hearing procedures, such pro- The council shall consider the evidence contained isions shall be complied with and shall super- in the record,the hearing esaminer's recommended de inconsistent provisions of these chapters.This findings of fact and conclusions, and shall not shall include,without limitation by reason of this consider any factual testimony not previously sub- specific reference, Minnesota Statutes, Chapter mitted to and considered by the hearing examin- 364, and Minnesota Statutes,Section 340A.415. . er. The council at a public hearing shall provide �) Discretion to hear notwithstanding withdrawal the applicant or licensee an opportunity to present or surrender of application or license. The council oral or written arguments alleging error on the may, at its discretion, conduct a hearing regard- part of the examiner in the application of the law ing revocation or denial of a license notwithstand- or interpretation of the facts, and to present tes- ing that the applicant or licensee has attempted timony related to the recommended adverse ac- or purported to withdraw or surrender said license tion. Upon conclusion of the hearing, and afte or application, if the attempted withdrawal or considering the record, the examiner's finding surrender took place after the applicant or licen- - - and recommendations together with such additio see had been notified of the heazing and potential - arguments and testimony presented at the hear adverse action. ing, the council shall determine what, if any, ad verse action shall be taken,which action shall b (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, reject o pose of considering revocation or suspension of a modify the recommendations of the hearing e. license or other disciplinary action invoIving a aminer or committee. license has been scheduled before the council, a continuation of the hearing may be granted at (c-2) Ex-parte contacts. If a license matter h the request of the licensee, license applicant, an been schedule for an adverse hearing, council me - interested person or an attorney representing the bers shall not discuss the license matter wit foregoing,only as provided herein: each other or with any of the parties or interest persons involved in the matter unless such di - (1) Where the request is made at least twenty- cussion occurs on the public record during t e four(24)hours prior to the scheduled hear- public hearings of the matter or during the cou - � ing,the president of the council or the coun- cil's final deliberations of the matter. cil may continue the hearing upon a show- ' ing of good cause by the party making the (d) Licensee or applicant may be represente request. - The licensee or applicant may represent hims lf or choose to be represented by another. (2) Where the request is made less than twenty- four(24)hours before,but not on the day of (e) Record; euidence. The council shall recei e the scheduled hearing, the council may con- and keep a record of such proceedings, includi g tinue the hearing upon a showing of good testimony and exhibits, and shall receive and e cause by the party making the request. weight to evidence, including hearsay eviden e, which possesses probative value commonly accep d (3) Where the request is made on the day said by reasonable and prudent persons in the cond ct hearing is scheduled,the council may grant of their affairs. a continuance on the condition that the _ l-;,, �:= "�. Supp.No.4 �-"" 032 -.�-'•=? ICENSES §310.07 - -%` party requesting the continuance y o (7) The activities of the licensee in the licensed the City of Saint Paul the city's actua cos s activity create or have created a serious for the court reporter and witnesse w o danger to the public health, safety or wel- appeared for the hearing, or one hu dr d fare, or the licensee performs or has per- _ dollars($100.00),whichever is the le ser. formed his work or activity in an unsafe (Code 1956, § 510.05; Ord. No. 17551, § 2,4 9- ; manner. Ord. No. 17559, §§ 1, 2, 5-17-88) (g) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required Sec. 310.06. Revocation; suspension; ad er under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take adverse action The ou - (9) The licensee or applicant has shown by past cil is authoriaed to take adverse action a ain t misconduct, unfair acts or dealings, or by any license or permit, licensee or applicant for � the frequent abuse of alcohol or other drugs, license, as grovided in and by these chapters.�Su that such licensee or applicant is not a per- ' actions shall be initiated and carried out n a - son of the good moral character or fitness cordance with the procedures outlined in S cti required to engage in a licensed activity, 310.05. ` business or profession. (b) Basis for action. Such adverse actio m � (Code 1956, § 510.06) be based on one or more of the following re son , �c. 310.07. Termination of licenses; surety which are in addition to any other reason s eci - bonds;insurance contracts. _ cally provided by law or in these chapters: �=`''•�''; (a) Automatic termination, reinstatement; re- = (1) The license or permit was procured b mi - sponsibility of licensee All licenses or permits which _=" representation of material facts, by au , must,by the provisions of these chapters or other by deceit or by bad faith. ordinances or laws, be accompanied by the filing (2) The applicant or one acting in his eha f and maintenance of insurance policies, deposits, made oral or written misstatements o mi - guarantees, bonds or certifications shall automati- representations of material facts in r a - cally terminate on cancellation or withdrawal of companying the application. said policies, deposits, bonds or certifications. No (3) The license was issued in violation a licensee may continue to operate or perform the of the provisions of the Saint Paul Z ni licensed activity after such termination. The li- Code. censee is liable and responsible for the filing and maintenance of such policies,deposits, guarantees, (4) The license or permit was issued in iol - bonds or certifications as are required in these tion of law, without authority, or u er chapters, and shall not be entitled to assert the material mistake of fact. acts or omissions of agents, brokers, 2mployees, (5) The licensee or applicant has failed t co _ attorneys or any other persons as a defense or ply with any condition set forth in t e 1 - Justification for failure to comply with such filing _ and maintenance requirements. In the event the cense, or set forth in the resolution an - licensee reinstates and files such policies, depos- ing or renewing the license. its,bonds or certifications within thirty(30)days, (6) The licensee or applicant has violate a � of the provisions of these chapters, or f any statute, ordinance or regulatio re - sonably related to the licensed activi , r - gardless of whether criminal charges ha - - or have not been brought in conn tio :\..• , - therewith. -�� Supp.No.4 2032.1 . V � /� ' . ��'/��r, ' ICE SES $310.09 �� :;� the license is automatically reinstated on the sa e (d) Expiration date to be concurrent with term terms and conditions, and for the same period s of license or permi� The expiration date of all originally issued. After thirty (30) days, the such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his licen e 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 r r_- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be 't- (a) All licenses or permits shall be valid for a ten by surety companies authorized to o period of one year from the date of issuance by business in the State of Minnesota. All n- the inspector, except as otherwise provided herein surance policies required by these chapt rs or in these chapters or in cases of revocation, shall be written by insurance compan es 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 th spector on or before the expiration date the ap- the City of Saint Paul in connection 'th �:. propriate license application, license fees, insur- the issuance of licenses for whatever - ance and bonds. The inspector shall process the pose, and all policies of insurance requi ed renewal application in the manner provided for to be filed with or by the City of Saint ul in this Code. in connection with the issuance of lice ses for any purpose whatsoever, shall firs be �c) Whenever any licensee is the holder of the � approved as to form by the city attorne , two (2) or more licenses of the City of Saint Paul � which expire on different dates, the inspector is (3) Uniform Endorsement: Each insurance ol- authorized, at the request of the licensee, to de- icy required to be filed pursuant to t ese termine a uniform date for the expiration of all or , chapters shall contain the endorsemen set any number of such licenses,notwithstanding the forth in Chapter ? of the Saint Paul L gis- term and 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 ap heretofore or hereafter enacted. The provisions ters shall be conditioned that the lice se hereof shall govern the issuance of any new li- shall observe all ordinances and la i cense to one already holding a license. relation to the licensed activity, busi ess 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 als less than one year, and the license fee therefor indemnify the City of Saint Paul ag ins shall be prorated for the period of issuance. all claims, judgments or suits cause b (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) resulting from or in connection wit th $ec. 310.09. Fees. licensed business, premises, activity, t in , facility, occurrence or otherwise lic nse �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 re ire Code, each applicant shall pay, at the time by city. Termination of bonds and insuran e r - of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to he cessing charge for each and every applica- chapters shall be in accordance with the re uir - tion for a license or permit to be issued by ments of Chapter 8 of the Saint Paul Legis ati e the inspector, director or council of the City Code. of Saint Paul. • 2033 §310.09 LEGI LA E CODE �<;;."��;•: ::' �='--•.:�_ (2) Refunds: Said two dollar fifty cent ($2.5 ) met when the license has lapsed by reason of processing charge shall not, under any ci - expiration. cumstances, be refunded. (Code 1956, § 510.09; Ord. No. 16884,2-11-82) (b) Fee schedule. The council may by ordinanc Sec. 310.10. Refunds of fees. � determine and establish one fee schedule for an or all licenses and permits issued pursuant t �a) Refund where application withdrawn or de� these chapters, and a separate fee schedule fo nie�service charge. Unless otherwise specifically applications for such licenses and permits, whic provided by the particular licensing provisions may include fees to cover costs incurred by reaso 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 suc 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-five(25)percent of the annual license fee. - tation by this specification, both direct and indi- �� Limitation on refunc� other cases In all other rect costs and expenses, such as salaries, wages, cases as provided in paragraph (c), the inspector benefits and all personnel costs including train- may refund not to exceed one hundred dollars ing, seminars and schooling, expenses of investi- 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, hat he certify in writing that the amount of the office capital equipment and all o�ce supplies. efund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and onable costs of administration incurred up to - � _ posted in the office of the inspector shall super- hat time in connection with said license, permit - - sede inconsistent fee provisions in these chapters r application. The director may refund not to "_ or in other ordinances or laws. xceed two hundred fifty dollars($250.00)of such ees upon a like certification by the inspector. (c) Fee for one year; may be prorated Unless he council may by resolution authorize all re- ' otherwise spec�cally provided,the license fee stated nds upon a like certification 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 )�ay 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 or portion thereof which has elapsed after the expi- ration date of such license. The late fee shall not 3) Where it has become unlawful for the li- eYCeed fifty(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 (C de 1956, as amended, § 510.10) ; . �: ;::- _ �:.'�::_. 203 �j.� � . �. IC SES §310.11 Sec. 310.11. Transfers; general. is provided for on the part of the transferee before (a) License a priuilege, not property. All lice - any transfer of license is made effective by the ses or permits issued by the City of Saint Pa 1 action of approving the transfer. pursuant to these chapters or other ordinances r (� Transfer; definition. "Transfer," as used in laws confer a privilege on the licensee to enga e these chapters, shall include a transfer from per- in the activity or occupation so licensed, and o son to person,or from place to place,or a transfer not constitute property or property rights or c - of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such i- interests in a partnership or other legal entity. cense or permit may be seiaed, levied upon, t- '°Transfer," as used in these chapters, shall not tached,executed upon,assessed or in any mann r include the instance where a license is held by an taken for the purpose of satisfaction of any de t individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All lice - which the majority of the stock is held by said . ses issued by the City of Saint Paul shall be tra - individual or by the members of said partnership. ferable unless the specific chapter of the Sai t (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each speci c cation. In the case of a transfer from person to license shall specifically prohibit the transfer f � person, the application for transfer shall be ac- such license. No transfer of any Class III licen e companied by a written assignment of all rights issued by the City of Saint Paul shall be effecti e of the original licensee in and to the license and until the council of the City of Saint Paul h s shall be accompanied by a surety bond in amount approved the transfer following a public heari g and in form required of an original licensee. . � by the council's committee designated to hear i- - cense matters and a resolution approving s d (h) Public corporations. Notwithstanding other ,__ � transfer is passed, approved and published. Bo h provisions of this chapter, publicly owned corpo- the transferor and transferee shall make appli - rations whose stock is traded in the open market tion for transfer of a license on such forms as m y may comply with the transfer requirements per- be prescribed by the division, and in accordan e 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 p r- each renewal of the license. son, there shall be a tax on said transfer in t e (i) Affcdavit of transferor. No license transfer amount of twenty-five (25) percent of the annu 1 shall be effective unless the transferor submits , license fee charged for said license, said tax to e an affidavit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer ta� deposit retained or returne (1) That in the case of Class III licenses, the Whenever an application is made for transfer o a transferor-a�ant 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 t e licensed premises notifying all employees - transfer of license is approved,the amount dep s- of the time,place and date of hearing of the ited shall be retained by the city.If the transfer 's transfer of the license to be held before the denied,the amount deposited shall be returned o Saint Paul City Council; the party depositing the same,in accordance wi h (2) That said notice specified in subparagraph the requirements and conditions in Section 310. . (1)above was posted continuously for four- (e) Transfer tax exception. Paragraphs (c) a d teen(14)days; (d)shall not apply in any case when,by the ter s (3) That transferor has paid all wages due and of these chapters, payment of the full annual i- owing the persons employed by the trans- censee fee or a prorated yearly annual license f e feror or that an agreement has been reached �� Supp.No.4 2 35 $310.11 LEGIS N CODE 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; o. 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 o�cer 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 pa Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any othe be denied for any licensee who is delinquent in provision of these chapters, in any case where any payment or contribution to a health and wel- liquor license is held by a person not incorporate fare trust or pension trust, or similar program, and where the license would, by reason of th established for the benefit of his employees. death of said licensee, lapse to the city in th (Code 1956, § 510.13) absence of this paragraph, the authorized repr sentative of the estate of the deceased license Sec. 310.14. Savings clause. i''"�=�:;�'� may consent to and seek to transfer said licens (a) If any provision in�these chapters is held to the surviving spouse of the licensee.The tran - unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requiremen tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approual under certain conditions. T e these chapters shall remain in force and effect to council shall not approve any transfer where '- be construed as a whole. ther party has not complied with the terms of a y (b� The repeal of any ordinance by ihis ordi- contract or agreement regarding employee be - nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but n t nance) shall not af'fect or impair any act done, � limited to, pension, hospitalization, medical a d any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay p o- ing or prosecution had or commenced in any mat- grams; provided, that any person or organizati n ter, prior to the date this ordinance became effec- objecting to a transfer because of failure to p y tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs sh 11 shall remain in full force and effect to all intents file a written notice of objection with the lice se and purposes as if the repealed ordinances had - inspector seven (7) days prior to the schedu d themselves remained in force and effect. Every public hearing on the transfer, and said not ce such suit, proceeding or prosecution may be con- shall contain a complete itemization of the ob' c- 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 on is prosecution which is based upon an act done, a Class III. If an application is made to tran er 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 lice s. repeal of the repealed ordinances,shall be brought I.'� .. ��_ {.�.:-:..;: .'�. � Supp.No.4 ' 2036 .. ��% � �� .�--,:., �'' �-• LI ENSES $310.15 r�-:.r u F:.;:r;. ..1 ..�; pursuant to and under the provisions of such re- pealed ordinances as though they continued t be in full force and effect. (Code 1956, § 510.14) - � Sec. 310.15. Penalty. Any person who violates any provision of t se chapters, or other ordinances or laws relatin to licensing, or who aids, advises, hires, counsel or .,.-- �:i ;:s.�-: _;`.'i,;:.� :\t�fy Supp.No.4 036.1 . �>�-� � ��: • ^�'`;`� LI ENSES $318.01 conspires with or otherwise procures anoth to Sec. 316.02. Fee. violate any provision of these chapters or o her ordinances or laws relating to licensing is ilty The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentenced i ac (Code 1956, § 384.02) cordance with Section 1.05 of the Saint Paul eg islative Code. The term "person," in additio t Chapter 317.Amusement Rides the definition in Section 310.01, shall for the ur pose of this section include the individual art �c. 317.01. License required. ners or members of any partnership or cor ora tion,and as to corporations,the officers,agen s o No person shall engage in the business of pro- members thereof,who shall be responsible fo th viding amusement rides,for charge,to the public violation. in Saint Paul without a license. (Code 1956, § 510.15) (Code 1956, § 411.01) Sec. 310.16. License fees,annual increa s. Sec. 317.02. Fee. Effective on January 1 of each calendar ea The fee required is one hundred dollars(�100.00) all license fees, except building trades bus nes - for each location at which such person will oper- license fees and fees for building trades c i ate and maintain the business of providing such cates of competency, shall increase by the pe rides. centage increase in the budget for the divis' n (Code 1956, § 411.02) license and permit administration of the d ar - .- - ment of finance and management services. ri �apter 318.Mechaaical Amusement Devices . - to November 1 of each year, the director f - nance and management services shall file wit � � the city clerk a notice of the percentage inc eas , �c. 318.01. License required; definitions. if any, in license fees. No person shall own and allow to be operated (Ord.No. 16885, 2-11-82;Ord. No. 17059, 10- 0-8 ; for business purposes any coin-operated mechani- Ord. No. 17303, § 4, 10-29-85) cal amusement device without a license. A coin- operated mechanical amusement device is hereby Chapters 311-314. Reserved defined as any machine which,upon the insertion of a coin, token or slug, operates or may be oper- SUBTITLE B. CLASS I LICENSES ated by the public for use as a game, entertain- ment or amusement, which amusement device Chapter 315. R.eserved* contains no automatic payoff device for the re- turn of money, coins, checks, tokens or merchan- dise, or which provides no such pay-off by any Chapter 316.Animal Foods other means or manner.The term "coin-operated Manufacturing and Distributing mechanical amusement device" shall include so- called pinball machines; music machines; coin- _ Sec. 316.01. License required. operated television units;motion picture machines; amusement rides, excepting those provided for No person shall engage in the business of t e �der Chapter 317,pertaining to amusement rides manufacture or distribution of animal fo ds in of the type used at carnivals; table shuffleboard Saint Paul without a license. games or similar games of amusement for which (Code 1956, § 384.01) a fee is charged to players for the playing thereof; and all other machines which,by the insertion of 'Editor's note—The licenses under this chapter, deri ed from §§ 345.01-345.03 of the city's 1956 Code,were rede ig• a coin or token, operate for the entertainment or nated as Class III licenses by Ord.No.17207,adopted Jan.31, ��ment of the player,except weighing machines. � = 1985,and recodi6ed as Ch.423. (COde 1956, §§ 412.01,412.02) 2037 WMITE - CITY CLERK t PINK - GINANCE � �� ' COUIIClI . BLVERr-MAYOqTMENT GITY OF � A NT PAUL File NO. -�r�' ��+' � �f:it� At�ylPB�3 � . • , � ' .;j� Ordi nce Ordinance N0. � ,-� 3 Present,ed By ' . . . + ! r �i .. .. ;� Referred To � ` Committee: Date � ,,� Out of Committee By Date Ar: ordirance ti .:end sectio� 31�.�6 � o�` t�.e Saint Pau L �;islativa Code by "` addin� e�arifyi.r_. 1 n�tia�;e cencernin; �Che i�ositio:� o c nditior.s . T�±� C0:7`3CII. ��' .'�w CI'�'Y Oi� S�IIi AL'L �OES C�RJ�I�; �.� :� t `•,rr1G . �..I •.: .. . •V J+. S C� Oc`1 1. � ' . _ Section 310.Oa of tn.� Sai t aul Le?isiative Co�e is �Zer�by a�:ended b�,� addir_g the followiri r subsection (c) : "(c) `•.�r:�*�. a reasonab e as?s i� zoun.d to i�rso�e reasona'�� eo di �cns and/az restz-ictions u�or s ?icens� issue o aa?d ur:der trese ��an�ers, ars� on� or mo e s�.a.c�i reaso�able c�rditions and/or rA t ctions ;r.a� b� i�osed ��or_ such Iicen�e fo t e rur�osz o£ aro�-�otizg �ub?ic ��ealt'rz, sayet � d �aeirare, of� a�vaac�r� th� �ublic� pe ce and t:�e �li��nation of ca�dit��ns or act o whic� constitu�� a �3•3�S2_'2C� or a �etrir� r. to the pe�ce�ul ezjo�ent af urba� ? f � or pronating securit7 and safet� ir_ r.earby n '�i��or�:aods. SLCh r�asona�le con.ditiori d/or r�strictio�.s • �.a� include or �er*-a n o, but are not Zi�ited to . COUNCIL MEMBERS ' Requested by Department of: yeas Nays Dimond �ng In Favor Goswitz Rettman B Scheibel Against Y Sonnen Wilson Form Approved by City Attomey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council gy By � . � -� ' . . • ' .' ' ' . �d�� _ ��-� � , �� . . 2_ . : (1) a limitation n the hours of operation of the licensed b s ness or establishmerit, . or on particular es of activities con- ducted in or on s i business or establish- ment; . .. . (2) a limitation r restriction as to the location within t e �licerised business or establishment wh se particular type of . activities ma,y b c nducted; . (3) a limitation as to the means of . ingress or egres f om the l�icensed --� - � - -�---' � - � establishment or it parking� lot .or - immediately adja en area; (4) a requiremen t provide off-street � parking in exces o other requirements of lata; ` (5) a limitation o the manner and means of advertising t e peration or merchan- . dise of the lice s establishment; (6) any other re s able �condition or restriction limi i g the operation of - - ------� ----=-the licensed bus n ss or establishment � � - � to �insure that t e said business or � - establishment- wi �l harmonize �with the � � --- - - - ---- -�-- - =`==character of the a ea_ in which it is � _ _ . _----__ . � _ � located, or to p e ent_,the.�deve�Topment � � . .. . .: ._,_.,_ . . . _ . ._ _ _. _ _ ._ .___ .. _ ...... ..__ _. _�or continuation f a iiuisance.� The inspector may .im s such �conditions on Class I licenses with the co se t of the licenseholder, or may. recommend the im os tion of such conditions as an adverse action ag in t the �license �or licenses ; the �director has the sa e power with respect to Class II licenses . e council may impose such � . - � - - -conditions on Class I icenses with the consent of the licenseholder o upon any class of license as an adverse action ag inst the license or licenses �2 if��c/f�l M�MITE - CITV CLERK COUlIC11 PINK - FINANCE ' • OIUER` - MAVORrMENT GITY OF AINT PAUL File NO. �X � •'��—%' ' ��W nce Ordinance N�. ,�%:sr.�`� � �. ; P�esented By ��•�_ _..f;�._ i ! t . .(. .t., . . •` , ' Referred To Committee: Date Out of Committee By Date -3- iollc��±g notice and re rin� as �uav be rea,uir�ed. Suc:z co::di.tions �a,v e ;. osed on a Zic�nse or licer.ses u�on is�uance, re;ze:a I r transfer t?�ereo£, o� unon and as �art of any a v2 se action a�ai�st � Iicense cr Iicens?s , inc3udi� � u��ensio�.. Sc tion 2 _Ieith�z t�::s or�.inance ao a p e�ist�.ng or iuture ar3in�nce a�o�ted by th� Cit� of Saint � ul to re.�u3�te andJor license sn;� occupations , bus�nesses or act i ies s�a�I be corstru�d ta Zi�i.t or ?'�.°3�r�C� ?t� ;nnererLt poli� p «er to re�ulate and Iicense, �oY to Ii:�it or re�tri.ct an� po�,r�r co �e�ed on ir �� the �.Ynit�� Ststes or :•;�m�.�sota C�nstitu�io:is or , ta utes (or re¢ula_tians TrQ;:r.sl�at��' ti�.ereuncier) �� so re�ulare and/ r �.-�c�ns�. c io� � 'I`�±i� ord�z�ancA shall Ca'_�Q f ect �ar_d be in forc� tY�irt� �3(}) �?ays :�'ollovr#..rQ its ��assa _, a;�vrava3 a�d �•.sblicati�n. COUNCIL MEMBERS Yeas Nays �, Requested by Department oE: Dimond �ns � In Favor Goswitz Rettman Scheibel Against BY Sonnen ' Wilson Au�j � J �g88 orm Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY B � ��` ' - •- . y , : : ... , .:... ��_ ,. .,: i��-{:? Approved by Mayor: Date :1�,;►,: •.J< <,�.� pproved by Mayor for Submission to Council By BY WHITE .�- CITV CLERK . . PIiVK - FINANCE • COUIIC11 '"1 //� CANARV �•�EPARTMENT CITY OF S NT PAUL :�; � �-1(i Y'dLUE -MAVOR , / File NO. �- Citg Att�zy/p3B �� • Ordi nce ` ` __I �= �� Orc�inance N 0. �7�-1� � ��.. �i ' ' -- - —.�S✓'"'�/ :,: „..-.:1':.--'� / - . ` �^1i-�..� �� Presented By � . � �-• , i v � iReferred�To Committee: Date Out of Committee By !� -� -' ''�� - °�Date � �� An ordin n clarifying the �:'�:. I�csnsehoZd r's responsibilit� � ` � �" for th� act o s of jiis or her �. � � er:mlayees o he licensed pre.�u..ses,,,. ��4 ,, - :;� . . � _ ,l i r�� , •�''v 4 ;�t� .COUi�CIL t�F � CITY OF SA PAUL �OES a?ZDAZ?d: `' ;` - Se tion I � - . C?�a�t�r 3IQ of ��-�;� Saint Prz i L�gislative Code is her��v �' amended to add a new sectian. IO 0? to be read as-follows: "31�J.Z7. Licen�ee` s onsibilitv. Any ac� vr con uct y y c er , e�Ioyee, �ager or a�ent of a icensee, or by �ty person providing en e air�ent or working for or on behalf of a icensee T�hether � !' co�ensated or :ic:t, w� ich act or conduct takes rlace either n t:�e licensed grenises �. . or in a�y t�arking I t or ot�.er area ad�acent , ta (or under the le 9 or control of} the lice:�sed pre�aises , �.T�:ich act or conduct violates �p state r federal statutas or re�ulatirns, or an c tg vr�inar:ce, sha1.1 be consi.dered to �e a reated as the act or . conduct of the lic � e £or t�e nurpos� of � adverse action aga s all or any of the licenses held bv s ch Iicensec. To tae extent this secti . i ir� conflict with sections 4fl4.I4 a� 4 Q.03 0{ tre Legisl3tive COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g In Favor Goswitz Rettman B Scheibel Against y . Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date ('� -�ified Passed by Council Secretary By dy " - Approved by Mayor: Date Approved by Mayor for Submission to Council By By .WHITE � CITV CLERK p'�NK - FINANGE COUI1C11 ' �� "� ��UERY-MAYORTMENT GITY OF A NT PAUL File NO. `"� f' � �'x� �.'._.i.. O�W� nce Ordinance N�. /`' �' � f %',f.: `�-�/ `�l P�esented By �f'`- ° � ! �� ` . Referred To / ' ,,.._ .. ,�%�;�. C�' � ; %��%f.,... _ . �'J' ": --r(.�,,. /� � �/ r�.:�'._ ..�. ' ��, -�'�' �- �'' Committee: �Date` �":�' - ' _ � Out of Committee By Date _?_ Cocie, this sec�ion s. aI. be coztY�llir.�; and vretrail; 'nut shal3 n t t�erwise a��nc3, alter or af:ect suci: se�ti s " Se tion Z T:iis ardin�ce st�all take ef ec� a�d b� in force ti�irtg days � after its nsssa�e, a��nrova3 an p blicatian. COUNCIL MEMBERS Requested by Deparfinent of: Yeas • Nays Dimond % �ng ��-" In Favor Goswicz Rettman B Scheibel A gai n s t Y SOtimrt Wilson yj,.��`� � : , Form Approved by City Attorney Adopted by Council: Date '" -tified Passed by. Council Secretary , By BY .:: ;_.__�. � Approved by Mayor: Date ',:._. -• �>:+"':� Approved by Mayor for Submission to Councii By BY �� irhb�ct ��<<��- . ��d' �'3 IC SES §409.02 (11) No licensee shall receive any material or Sec. 409.02. Definitions. use in the licensed business from any r- son under the age of eighteen (18) ye s As used in this chapter, the following terms without the written consent of the par nt shall have the meanings ascribed to them in this _ or guardian of such person, which shal be section: kept on file by the licensee for at least ne C'lub shall mean a corporation organized under Ye�'• the laws of the state for civic, fraternal, social or (12) Any licensee shall be subject to reason bla business purposes or for intellectual improvement inspection at reasonable times by pr pe or promotion of sports which has more than fifty city officials as in the case of other lice se (�0) 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 n b 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 su - body chosen by the members at a meeting held pension. for that purpose,none of whose members,of�'icers, (a) Any person to whom an initial licen e h s agents or employees are paid,directly or indirect- been issued hereunder may obtain renewal er f ly, any compensation by way of profit from the by filing an application with the inspecto in i- �stribution or sale of beverages to the members cating any changes in the material submitte ' h of the club or to its guests beyond the amount of the initial application. The inspector shal cir u- such reasonable salary or wage as may be fixed larize the application to those officials ho e- and voted each year by the directors or other view initial applications and the license s all e governing body. granted of course by the council unless in 'ts Exclusive liquor store shall mean an establish- judgment, reports from city agencies or f m he ment used only for off sale and on sale sales of public demand a formal hearing be held. o ni- intoxicating liquor, except that, upon obtaining tial licenses shall be granted hereunder f r o er proper state or city licenses for such sales,cigars, premises except in I-1,I-2 and I-3 Industrial ' . cigarettes, all forms of tobacco and nonintoxicat- (b) The council may revoke, suspend o re se ing malt beverages and soft drinks may also be to renew the license of any person hereu de for sold in said exclusive liquor store at retail; pro- any violation of this or any other ordinan e o the �ded,further,that such nonintoxicating malt bev- city,or of any statute or regulation of th Sta e of erages and soft drinks, when sold pursuant to an Minnesota or agency thereof. off sale liquor license, shall be sold for consump- (Code 1956, § 341.07) tion off the premises only. General food store shall mean any place of busi- _ Chapter 409.Intoxicating Liqu r* ness carrying a stock of food supplies and primar- - ily engaged in selling food and grocery supplies to Sec. 409.01. License required. the public. No person shall sell intoxicating liqu r fo con- Hotel shall mean an establishment with resi- sumption at any time or place in Saint aul with- dent proprietor or manager, where, for payment, out a license. food and lodging are regularly furnished to tran- (Code 1956, § 308.02) sients, and which maintains,for use of its guests, no fewer than fifty(50)guest rooms with bedding 'Cross references—For general provisions erta ing to and other suitable and necessary furnishings in liquor and beer,see Title XXN;nonintoxicatin mal liquor, Ch.410;use of beer and intoxicating liquor in �e-i motion each room, and which has a main entrance with picture theatres prohi�ited,§4is.os(b). suitable lobby,desk and office for the registration • 2171 §409.02 LEGISLA E ODE of guests on the ground floor and which employs c. 409.03. Number of licenses. an adequate staff to provide suitable and usual (a) On-sale licenses shall be issued only to ho- service, and which maintains, under the same ls, clubs, restaurants and establishments for the ' management and control as the rest of the estab- s le of on-sale liquors exclusively. lishment and as an integral part thereof,a dining room with appropriate facilities for seating not (b) Off-sale licenses shall be granted subject to less than thirty(30)guests at one time,where the t e approval of the liquor control commissioner to general public is, in consideration of payment, P oprietors of drug stores,general food stores and served with meals at tables. e clusive liquor stores, and but one such license s all be issued for every five thousand (5,000) Intoxicating liquor or liquor shall mean and i habitants in the city. include ethyl alcohol, and any distilled, ferment- ( ode 1956, § 308.06; Ord. No. 17172, 10-23-84) ed, spiritous, vinous or malt liquid of any kind _ potable as a beverage, which contains an alco- c. 409.04. Exceptions. holic content in excess of three and two-tenths This chapter shall not be construed to prohibit (3.2)percent thereof by weight or four(4)percent t e sale of wine for sacramental purposes by any by volume. p rson duly licensed by the state liquor control Medicines shall mean and include only such c missioner so to do; nor shall this chapter be potable liquids as prescribed by licensed physi- c ed to prohibit the sale of inedicines as herein cians and dentists for therapeutic purposes and d fined;nor of industrial alcohol designed for me- United States Pharmacopoeia and National For- c anical, chemical, scientific, pharmaceutical or i ustrial purposes; nor to compounds or prepa- mulary preparations and preparations used for r ions containing alcohol, if such compounds or the mitigation of disease for external and inter- P Parations are not potable as a beverage; nor nal purposes which are usually sold in drug stores and intended for therapeutic purposes and not for s 11 it be construed to prohibit the sale of intoxi- beverage purposes. c ing liquor for medicinal purposes by a duly li ensed and registered pharmacist or druggist Off-sale shall mean the sale of liquor in origi- u on bona fide prescription, in writing,by a phy- nal packages in retail stores for consumption off si ian or dentist. or away from the premises where sold. (C de 1956, § 308.22) On-sale shall mean the sale of liquor by the c. 409.05. On- an es; term; glass for consumption on the premises only. fees. . Package or original package shall mean and a) Term. All licenses for the sale of intoxicat- include any container or receptacle holding liquor, in liquor shall be for a term of one year from the which container or receptacle is corked or sealed. d e of issuance, renewal or transfer. The date sh 11 be determined by the inspector and entered Person shall include individuals, corporations, u n the license. � - partnerships and associations. - ) Licerrse fee� on-sal� semiannual installments Restaurant shall mean an establishment other T license fee for an on sale license is hereby than a hotel, under the control of a single propri- fi d as follows: etor or manager, having appropriate facilities for 1) Seating capacity over 200 . . . . . $3,000.00 the serving of ineals for no fewer than fifty (50) � guests at one time. � ) Seating capacity over 100 . . . . . 2,750.00 Sale and sell shall mean and include all barters G ) Seating capacity 100 or less . . . . 2,500.00 and all manner or means of furnishing intoxicat- Sa d sum shall be paid in two(2) equal amounts, ing liquor or liquors in violation or evasion of th first to be paid before the license is issued or law. re ewed, the second payment to be made within (Code 1956, § 308.01) s' (6)months from the date of issuance or renewal. 217 : �� . ��..� CENSES §409.06 (c) On-sale licens� replacement aJ�er revoc tio the liquor control commissioner of the State of If,for any reason,the on-sale license in this ha - Minnesota and shall file the same with the in- ter provided for is revoked by the council th spector. Such application form shall require that City of Saint Paul, no replacement license ha 1 the following information be set forth upon the _ be issued until the full license fee for the ne application, and such further information as may license due for the remainder of the license ye be required: is first paid; provided, however, that in no ve shall a licensee pay less than the applicabl a - (1) The name and place of residence of the nual license fee together with the applicab e i - applicant. suance tax for a license, or combination of ice - ses, during a license year. (2) The location of the premises upon which the applicant proposes to sell such liquor (d) Increase in on-sale license fee; notice o l and an exact description, including the pro- _ censees. The license inspector is hereby dir cte posed floor plan and seating capacity, of - to notify in writing via U.S. mail all on-s e 1 - �e particular place within the building struc- censees of the public hearing date for counci co - ture where such sales are proposed. sideration of any amendments to this secti i - creasing the license fees. At said public he in , �g� �ether the applicant has ever been en- the department of finance and managemen se - gaged in a similar business and, if so, the vices shall present evidence to the council o - location thereof and the date when so en- ing the relationship between the proposed f e i - gaged. The application shall be signed and crease and the costs borne by the city for li uo - verified by the applicant in person and, if related regulating and policing. the applicant is a corporation,by an officer . (e) License fee, off-sale. The license fee f r a of the corporation. off-sale license is hereby fixed at the sum on thousand dollars($1,000.00). The applicant shall file with the inspector, with his application, the amount of the license fee herein (fl Fees, transfers. Where a transfer of a o - fixed for the particulaz license for which he makes sale or off-sale license is approved by the co nci , application. the fee to be charged shall be the prescribe a - nual fee less a credit given for each mon h (b) Investigation; issuance; etc. The license in- portion of a month remaining of the original spector shall register the application in books kept (g) Late fees. Notwithstanding the provisi ns for that purpose, one for on-sale licenses and one Section 310.09, an applicant for renewal f a for off-sale licenses. He shall notify immediately on-sale liquor license shall be charged a la fe the director of the division of public health, the in an amount of ten (10) percent of the i tal - chief of police and the chief of the department of ment due for such license for each thirty-d p _ fire and safety services of the fact that such ap- riod or portion thereof which had elapsed t plication is filed.It is hereby made the duty of the the expiration date of such license or semia nu 1 �oresaid director, the chief of police and the fire _ period, and the late fee shall not exceed fift (5 ) chief to inspect and examine or have inspected percent of the annual life. and examined the premises described in the ap- (Code 1956, § 308.17; Ord. No. 16842, 10- -8 ; plication and inquire into the character of the Ord.No. 17321, § 1, 12-31-85;Ord.No. 1732 , § , applicant and make report to the inspector of their 1-23-86; Ord. No. 17424, §§ 1, 2, 1-6-87) opinion whether the applicant is a proper person to receive such a license and whether the prem- Sec. 409.06. Licensing requirements. ises are suitable for such a business.Upon receipt of the reports, the inspector shall examine them (a) Application. Any person desiring a li ens and transmit them to the city council, together to sell intoxicating liquor shall make his ve ifie with any recommendations which he, as such in- application in writing upon a form approv d b spector, has respecting the applicant or the place 2173 LICENSES $409.06 other than the ground floor if a license s en (4) No outside service area shall be permitted granted for sales on a floor other than suc gro nd unless the licensee provides, in addition to floor.All licenses granted hereunder shall t f h other requirements of law, safety barriers the exact location within the building st uct re or other enclosures to protect patrons from - where such sales may be made and no sa e s all any hazards, including vehicular traffic. be permitted except in that part of the p em' es (5) No outside service area shall be located on defined in the license, except as provide in he public property or upon any street,alley or following subsections(1)through(8): sidewalk,nor shall such outside service areas (1) The council may,by resolution,per it y hinder or obstruct vehicular or pedestrian licensee to sell or serve intoxicating iqu rs tr�c on any street, alley or sidewalk. in areas outside the building structur w h (6) The council may deny any application for are immediately adjacent to and c nti - an outside service area where it has reason ous with the structure containing he i- to believe,or may revoke its permission for � censed premises. Such outside servic ar such an outside service area where it is shall be seasonal, and shall not invo ve n satisfied, that the impact of such outside enlargement of the building structur Su h service area on adjoining property will be, permission shall not be granted unl ss 11 or has been, any of the following: the conditions of subsections(1)thro gh ) a. Loud, boisterous or disturbing noise and all pertinent provisions of the ni g levels; code are satisfied. b. Hazardous tr�c conditions; c. Offensive,obnoxious or disturbing odors; (2) No outside service area shall be per itt d. Excessive litter; unless the licensee presents with his ppl - e. Excessive artificial lighting; cation for such outside service area a tat - f. Substantial decrease in adjoining prop- ment in writing by ninety (90) perc nt f erty values; or the owners and tenants of all private res - g. Any other condition inconsistent with dences, dwellings and apartment hous s 1 - the reasonable use and enjoyment of cated within two hundred (200) feet th adjoining property and inconsistent with proposed outside service area that they av the health, safety, morals and general no objection to such service area. Me ur welfare of the adjoining neighbors or ments shall be determined from the ro community. erty line of the licensed premises t th property line of the residential uses; pro �7� Permission to sell and serve intoxicating . vided,however,that where the licensed em liquor in or upon any outside service area ises is located within a sho in ma 1 0 �ay be revoked by the council on three(3) PP g days' notice to the licensee, pursuant to shopping center the measurements al information received at a public hearing be determined from the neazest corn o before said council. The information need the building in which the licensed p m- 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 w, ��bparagraph(6).The public hearing shall off-street parking spaces may not be red ed be conducted with such formal or informal by the establishment of an outside se ice procedures as the council may permit, so area below the number of off-street p k- long as the licensee and any complaining ing spaces which would be required if he Parties have an opportunity to be heard. licensed premises together with the ou de (8) The licensee shall,with respect to any out- service area were to be newly construc ed side service area, comply with all applica- in conformity with the zoning code. ble provisions of law and regulations in 2 75 . d j r-. ' ��- V §409.06 LEGIS T E CODE , of business. Upon receipt of such reports and rec- No license shall be granted to any person who ommendations,the council shall consider the same opens a new drug store after January 6, 1934, and shall, by resolution, grant or deny the appli- until such person shall have operated such store cation. continuously for a period of two(2)years, or shall ' Where the application is for an off-sale liquor have purchased a drug store that shall have been license and the applicant is the holder of an on- in continuous operation for a period of two (2) sale nonintoxicating malt liquor license hereto- Years. fore issued by the city council to sell such nonin- (c-1) Public hearing; notices. No new license for toxicating malt liquor for consumption on the prem- either on sale or off sale shall be issued until the ises,the council shall not grant such off-sale liquor council shall have first held a public hearing on license until the applicant surrenders his license the application. The notification requirements to sell nonintoxicating malt liquor for consump- applicable to license transfers or change in licensed tion on the premises. If an off-sale license is grant- areas in Section 409.11 shall be applicable in the - ed, the resolution granting it shall direct the in- issuance of new licenses. spector to issue the license whenever the bond hereinafter provided for has been approved and (d) One license only. Not more than one off-sale the liquor control commissioner advises the in- etailer's license shall be directly or indirectly spector that he approves of the issuance of the issued to any one person or for any one place in license to the particular applicant. his city, nor shall any retailer's off-sale license If an on-sale license is granted, such resolution e directly or indirectly issued for any place for shall direct the inspector to issue the same when- hich a license of another class has been granted. ever the bond hereinafter provided for has been t shall not be a violation of this paragraph for a approved. erson who owns, directly or indirectly, or who as an interest in any intoxicating liquor license Should the application for a license not be grant- n this city additionally to own directly or indi- ed, the resolution refusing the same shall autho- ectly or to have an interest in one or more corpo- rize and direct the proper city officers to refund to ations owning or operating a hotel holding an the applicant the deposit made at the time of the ntoxicating liquor license in connection therewith; filing of the application. rovided, that such hotel shall have at least one No new license shall be issued for any location undred fifty(150)or more rental units. within a one-half mile radius of which there al- ready are four (4) or more premises licensed for �e) Premises of license. No on-sale or off-sale the sale and consumption of intoxicating liquor icense shall be effective beyond the compact and . on the premises; provided, however, that this re- ontiguous space named in such license and for striction shall not apply if the proposed new loca- hich the same was granted, except that an on- tion lies within a designated commercial devel- ale license granted for sales in the dining room opment district. f any hotel may permit sales of liquor with meals additional dining rooms open to the public and (c) Licensee qualifications. No license shall be ified in the license if ineals are regularly served issued to anyone other than a person over nine- o guests therein.If ineals are regularIy served to � teen (19) years of age, of good moral character ests in guest rooms in any such hotel, liquor and repute, nor to any person who shall be here- ay be sold in such guest rooms but only with after convicted of any willful violation of any law eals; provided, that such guest rooms must be of the United States or the State of Minnesota or ecified in the license granted. No sales shall be any city ordinance with regard to the manufac- ade upon the premises of an on-sale licensee ture, sale, distribution or possession for sale or cept upon the ground floor; provided, however, distribution of intoxicating liquor,nor to any per- at this limitation shall not apply to a hotel duly son whose license under the state liquor control 1 censed to sell on another floor as in this section act or this chapter shall be revoked for any will- rovided; and provided further, that a licensee ful violation of such act or ordinance. all be permitted to sell at a place in a building 2 74 : �� §409.06 LEGISLATN C E regard to the sale and service of intoxicat- ( ) 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 � � That the licensee will pay to the munici- _ and 409.09 of this chapter. pality, when due, all taxes, license fees, penalties and other charges 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- ( ) 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 ( ) 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 ef�'ective 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 T amount specified in any bond required is the provisions of the state liquor control act; pro- he eby declared to be a penalty and the amount vided, however, that this provision shall not pre- re overable shall be measured by the actual dam- vent the granting of a license to a proper lessee ag s; provided, however, that the surety thereon by reason of the fact that he shall lease premises sh 11 not be liable for any amount in escess of the of a minor, noncitizen or a person who has been Pe al amount of the bond.All such bonds shall be convicted of a crime other than a violation of this fo the benefit of the obligee and of all persons chapter or the liquor control act. s ering damages by reason of the breach of con- di ions 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 fe ture of any such bond for violation of the law, dollars (�3,000.00) has been furnished, approved t District Court of Ramsey County may forfeit and filed by and with the proper city officers. t penal sum of the said bond to the City of No off-sale license shall be granted until a bond S int 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 officers. 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 21 6 LICENSES §409.0? license, or in the alternative, that the li- (m) Unlawful use of weapons. If during any censee shall make application for nd b- twelve-month period there are reported two(2)or tain passage, approval and publicat� n a more incidents involving unlawful use or handling resolution for the transfer of said ice se of firearms,assault weapons or knives,as defined - within the term of the renewed lic ns to in Section 225.01, on any licensed on-sale prem- another person. No license issued u n n- ises, a public hearing shall be conducted by the dition pursuant to this subsection al be council.Any adverse action may be considered by further renewed unless one or the the of the council pursuant to the hearing provisions of the above conditions has been ful y et; Section 310.05. provided, however, that the coun il ay (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business w 'ch as 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. not been in full operation during t e p ior 17172, 10-23-84;� Ord. No. 17173, 10-23-84; Ord. license year if the licensed premi s ere No. 17177, 10-23-84; Ord. No. 17229, § 1,4-18-85; . acquired by eminent domain or u der the Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, " threat of eminent domain and the ice see 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to elo ate 17328, § 2, 1-23-86) the business to another location. G�oss reference—Licensing requirements for estabtishments :selling nonintoxicating malt liquors,§410.03. (3) Any license which is not renewed urs ant � . to this paragraph (k) or for any o her rea- �c. 409.07. Hours of sale; Sunday sales,etc. son lapses and may be reissued pu sua t to Section 409.16. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until (1) License near church or schooL N li nse 8:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises locat w thin between the hours of 1:00 a.m. and 8:00 a.m. on three hundred(300)feet from any publi or azo- any weekday. No off-sale shall be made before chial school, church or synagogue, said t ee hun- 8:00 a.m. or after 8:00 p.m. of any day escept dred (300) feet being calculated and co put d as off-sale shall be permitted on Friday and Satur- the distance measured from the prope y 1" e of day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as th lo tion New Year's Day, January 1; Independence Day, for the liquor license to the property li e any July 4; Thanksgiving Day; or Christmas Day, De- school,church or synagogue in the area or hich cember 25; but on the evenings preceding such the license is sought. days,if the sale of liquors is not otherwise prohib- Any licenses in force and effect on ov mber ited on such evenings, off-sale may be made until 10, 1962, the location of which license is i con- 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may b re ewed, on December 24 after 8:00 p.m. transferred or otherwise dealt with in cco dance (b) Sunday sales: with law, it b�inb the intent of this ar graph tha�it be applied prospectively for pro ose loca- (1) Notwithstanding the provisions of paragraph tions of licenses,and further it being t in ent of �b), establishments to which on-sale licen- _ this paragraph that the limitations s t f rth in ses have been�issued or hereafter may be this paragraph shall in no manner be app icable issued for the sale of intoxicating liquors to any hotel or motel.Upon written pet' ion signed which are hotels or restaurants and which on behalf of the school, church or sy ago e lo- have facilities for serving no fewer than cated within three hundred (300) feet of t e pro- fifty (50) guests at one time may serve in- posed location of the license,the counc 1 m y by a ��ting liquors between the hours of 10:00 five-sevenths vote disregard the provi 'on of this ' a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent o a hurch, conjunction with the serving of food,but no school or synagogue of a propose lic nse is liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.l 2177 . ��`��v_ $409.07 LEGISLAT C DE provided, that the licensed establishment ( ) No liquor shall be sold or furnished for any is in conformance with the Minnesota Clean purpose whatever to any person under Indoor Air Act. twenty-one(21)years of age or to one obvi- (2) It is unlawful for any such establishment, ously intoxicated or to any person to whom ' directly or indirectly,to sell or serve intox- such sale is prohibited by any law of this icating liquors as provided in subparagraph state or ordinance. Proof of age for purchas- (1) above without having first obtained a ing or consuming alcoholic beverages may special license therefor. Such special license be established only by a valid driver s li- may be issued by the council for a period of cense or Minnesota identification card, or one year and for which the fee shall be two in the case of a foreign national by a valid hundred dollars ($200.00). Application for passport. A person who was born on or be- said special license shall be made to the fore September 1, 1967, may continue to council in the same manner as application P�'chase and consume alcoholic beverages _ for other licenses to sell intoxicating liquor and shall be treated for purposes of this aze made. Legislative Code as a person who is twenty- one(21)years old. (c) No consumption or display wh.en prohibited 3) No sale shall be made in any place or in No person shall consume or display or allow con- p� of a building where such sales are sumption or display of liquor upon the premises prohibited by state law or this chapter. of an on-sale licensee at any time when the sale of such liquor is not permitted. 4) No person under eighteen(18)years of age� (d) Private Christmas parties. Notwithstanding �ay be employed in a place where intoxi- any other provision of the Legislative Code, the cating liquor is sold for consumption on the license holder of premises having an on-sale li- premises,except persons under eighteen(18) cense may once a year during the Christmas sea- Years of age may be employed as musicians son have a private party at no charge to the guests or in bussing or washing dishes in a res- after the lawful closing hours; provided, that a taurant or hotel that is licensed to sell in- written request for said party is submitted to the toxicating liquor and may be employed as license inspector thirty(30) days prior to the pro- waiters or waitresses at a restaurant,hotel posed date of the party; and provided further, or motel where only wine is sold;provided, that no sales as defined by law of intoxicating that the person under the age of eighteen liquors or nonintoxicating malt liquor shall be (18)may not serve or sell any wine. made at or during said party.The inspector shall (5) Every licensee is hereby made responsible • notify the chief of police of the date of each pro- for the conduct of his place of business and posed party. required to maintain order and sobriety in (Code 1956, § 308.20; Ord. No. 16815, 7-23-81; such place of business. Ord.No. 17037,6-30-83; Ord. No. 17162, 9-27-84) (6) No licensee shall keep, possess or operate, Sec. 409.08. Regulations generally. or permit the keeping,possession or opera- _ tion of, on any licensed premises or in any All licensees hereunder are hereby required to room adjoining the licensed premises any observe the following regulations; provided,how- slot machine, dice or any gambling device ever that any such regulation which spec�cally or apparatus, nor permit any gambling refers to an on-sale licensee shall not bind an therein(whether or not licensed by the state), off-sale licensee, nor shall any regulation which nor permit the licensed premises or any specifically refers to an off-sale licensee bind an room in the same or in any adjoining build- on-sale licensee: ing directly or indirectly under his control (1) All sales shall be made in full view of the to be used as a resort for prostitutes or public. other disorderly persons, except that pull- Supp.No.l 2 ?8 ICE SES §409.08 tabs and tip-boards may be sold on license tions until one hour after the parade, to premises when such activity is licensed ensure that patrons do not enter or esit the state pursuant to Minnesota Statute , with beer or intoxicating liquor. Chapter 349, and conducted pursuant - regulations contained in this Legislati (11) There shall be provided in all zoning dis- Code. This exception shall not apply to e - tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city for t e street parking spaces for all on-sale prem- sale of nonintoxicating malt beverages,no - ises as provided herein: intoxicating malt beverages and wine, a a. �ansfer or new issuance to a struc- nonintoxicating malt beverages and wi e as menu items only. ture newly constructed for that purpose, off-street parking at the rate of one Notwithstanding other provisions of th s space for each forty-five(45)square feet Legislative Code to the contrary, the cou - of patron area. _ cil may permit an on-sale licensee to pe - b. 'I�ansfer or new issuance to an exist- mit the holding of a single event, such as a ing structure not previously licensed banquet, that includes the sale of r e for on-sale purposes during the twenty- tickets as a part of the event activity; p - four (24) months preceding the appli- vided, that such events are sepazate fro cation, off-street parking at the rate of the public areas of the licensed establis - one space for each forty-five(45)square ment, nor open to the general public, a d feet of licensed patron area minus the the raffle conducted by a charitable or - number of off-street parking spaces nization licensed by the State of Minnesot . which would be required for the previ- (7) No dancing wherein the public participa s, ous use of the same area under the and no dancing, singing or other vaudevi e existing zoning code provisions. Exist- exhibitions or entertainment shall be p r- ing parking which previously served mitted on the premises of any on-sale i- the same area shall not be counted to censee unless such premises are duly lice meet the requirements unless any are for entertainment. in excess of what would have been re- �quired for the previous use. No addi- (8) The license issued to said licensee shall e tional off-street parking shall be required posted in a conspicuous place in that p r- if the number of additional spaces re- tion of the premises for which the lice e quired is five(5)or fewer spaces. has been issued. c. Expansion of licensed area, off-street parking at the same rate as transfer or (9) No person shall remain in or loiter in t e new issuance to an existing structure parking lot of an on-sale licensee after t e not previously licensed for on-sale pur- lawful closing hour. poses, plus twenty-five (25) percent of (10) When a licensee is notified by the pol e any parking shortfall for the existing department that a parade will be held wi 'n licensed area. "Parking shortfall" shall _ one block of the licensee's establishme t, mean the difference between one space all beer and all into�cicating liquor or 1 q- for each forty-five (45) squaze feet of uid of any type sold during the entire y patron floor area for the existing licensed of said parade shall be sold only in plas ic area minus the number of parking spaces or paper containers. In addition, upon e- actually provided for that area. ceiving such notice,the licensee shall pl ce d. "Patron area" shall mean to include a person at each entrance and each exi of all areas used by the public, and ex- the establishment at least one hour pr or cludes all areas used exclusively by em- to the time of pazade, and the licensee s 11 ployees for work,storage or office space. require a person to remain at those lo a- Supp.No.l 79 . n�� . � � � � . � §409.08 LEGI A E CODE e. Modification of parking requirement : ing off-street parking facilities which serve 1. The council may modify the of- the building shall be provided with a vi- street parking requirements co - sual screen where the parking facility ad- tained in this section upon appl - joins or abuts across an alley any residen- - cation made for that purpose an tial use or residential zoning district. The upon findings made by the counc 1 screen shall be between four and one-half that granting of such modificatio (4'/z)and six and one-half(6'ri)feet in height would not have a substantial de - and of suff`icient density to visually sepa- rimental impact on the surroun - rate the parking facility from the adjacent ing neighborhood. Modification, ' residential use district.The screen may con- granted, shall be by resolutio sist of various fence materials, earth berms, adopted by at least five (5) � plant materials or a combination thereof. mative votes. Access by patrons to the parking facility - 2. The council shall consider the a from an adjacent alley should generally be plication at a public hearing fo prohibited. lowing mailed notice thereof to pro (Code 1956, § 308.23(1)—(10); Ord. No. 17015, erty owners within three hundre 4-28-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, fifty (350) feet of the proposed 1' 10-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. censed premises. The council ma 17368, § 1, 6-24-86; Ord. No. 17436, § 1, 2-24-87; require,by resolution,the paymen Ord.No. 17460, § 1,5-28-87;Ord.No.17473, §§ 1, of an administrative processing fe 2, 7-7-87) for parking modi�cation applica tions. Applications and fees shal Sec. 409.09. Certain sexual conduct prohibited. be made to the license inspector. �e following acts or conduct on licensed prem- 3. In granting any modification, th ises are unlawful and shall be punished as pro- council may attach reasonable con �ded by Section 1.05 of the Saint Paul Legisla- ditions regarding the location, de sign, character and other feature tive Code: of the licensed structure and park (1) To employ or use any person in the sale or ing azea deemed necessary for th service of alcoholic beverages in or upon protection of the adjacent neigh the licensed premises while such person is borhood. unclothed or in such attire,costume or cloth- 4. Off-street modifications shall rem ' ing as to expose to view any portion of the , with licensed premises so long a female breast below the top of the areola or the characteristics of the license of any portion of the pubic hair, anus, cleft establishment remain unaltered. of the buttocks,vulva or genitals. the event parking problems arise � the council may consider takin adverse action pursuant to the pr _ cedures set forth in Chapter 310 0 this Code.Such adverse action ma include requiring the licensee t do one or more of the following: (i) Provide more off-street parking- (ii) Produce the usable floor space• (iii) Reduce patron capacity (seat ing or bar area). (12) When an existing building is converted to on-sale intoxicating liquor purposes, exist- � Supp.No.1 • 18 - - • ICENSES $409.10 (2) To employ or use the services of an ho - d. Scenes wherein art�cial devices or in- ess while such hostess is unclothed or n animate objects are employed to depict, such attire,costume or clothing as de rib d or.drawings are employed to portray, _ in subparagraph(1)above. any of tha prohibited activities described above. (3) To encourage or permit any person n t e (Code 1956, § 308.23(11) licensed premises to touch,caress or on le the breasts, buttocks, anus or gen' als of Sec. 409.10. R.estrictions on licenses. any other person. When a reasonable basis is found by the coun- (4) To permit any employee or person w ar cil to impose reasonable restrictions upon a li- or use any device or covering esp se to cense held under this chapter, the council, upon view which simulates the breast, g nit ls, issuing a new license or renewing a license or anus, pubic hair or any portion the eof. approving a transfer of a license, may impose _. reasonable conditions and restrictions pertaining (5) To permit any person to perform a ts or � 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 perso se ual security. These reasonable conditions or restric- intercourse, sodomy, oral co la �on, tions may pertain to: flagellation or any sexual act hi h 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. on the licensed premises; c. With or upon another person e t uch- � . ing, caressing or fondling on the but- (2) A limitation and restriction as to the exact tocks, anus, genitals or femal br ast. location within a building where intoxicat- d. The displaying of the pubic h ir, nus, ing liquor will be served and/or sold and/or vulva, genitals or female bre t elow consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use arti cia devi- of ingress to or egress from the licensed ces or inanimate objects to dep' t y of establishment; the prohibited activities describe a ve. (4) A requirement that certain off-street park- ing facilities be provided; , (7) To permit any person to remain n o upon the licensed premises who expo s t pub- (5) A condition that the license will be in ef- lic view any portion of his or h r g nitals 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, st 1 p' tures, tions adopted pursuant thereto; - electronic reproduction or othe vi al re- (g) A limitation and restriction as to the means ' productions depicting: and methods of advertising the sale of in- a. Acts or simulated acts of s xu inter- toxicating liquor on the building and/or on course, masturbation, sodo y, estial- the premises adjacent thereto; ity, oral copulation,flagell tio or any (7) Reasonable conditions limiting the opera- sexual act which is prohib' ed y law. tion of the licensed premises so as to en- b. Any person being touched car ssed or sure that the licensed business will com- fondled on the breast, bu toc s, 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 is ays the nuisances will be prevented. vulva or the anus or the g nit ls. (Code 1956, § 308.11(b)) Supp.No.4 . 21s� d�'' � �_.� �� §409.11 LEGISL N CODE Sec. 409.11. 'I�ansfer of license; change in ser- anagement services. Prior to the city council's vice area. onsideration of said application, the application (a) No license granted hereunder shall be trans- hall be read by the city clerk at the next regular _ ferable from person to person or from place to eeting 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 ense matters shall then schedule a date for pub- shall be evidenced by resolution passed by the ic hearing upon said application for transfer or city council. No license granted for a specified hange in licensed area. At least forty-five (45) part of any particular premises shall permit sales ys before a public hearing on a transfer or change of such liquor on a part of such premises not n licensed area, the department shall notify by specified in the license; provided, however, that ail all owners and occupants who own property the council may, by resolution, grant the right to r reside within three hundred fifty (350) feet of use such other portions of the premises for such he establishment to which the license is to be � sales. ransferred or area changed, and all community . The transfer of stock in any corporate license rganizations that have previously registered with aid department to be notified of any such appli- shall be deemed a transfer within the meaning of ation, of the time, place and the purpose of such this section, and no such transfer of stock shall be earing, said three hundred fifty (350)feet being made without the consent of the city council. alculated and computed as the distance measured It is hereby made the duty of the officers of any a straight line from the property line of the corporation holding a license issued under the uilding where intoxicating liquor is sold, con- authority of this chapter to notify the city council med or kept for sale to the property line owned, of any proposed sale or transfer of any stock in ased or under the control of the resident. Prior � such corporation, and no such sale or transfer of the hearing date,said department shall submit . stock shall be effective without the consent of the the council's committee designated to hear li- council given in the manner above set forth. The nse matters a list of the names and addresses transfer of any stock without the knowledge and each person or organization to whom notice consent of the city council shall be deemed suff'i- as sent, and certification of such list by the cient cause for revocation by the council of any p�ment shall be conclusive evidence of such license granted to such corporation under the au- tice. A transfer or change in licensed area under thority of this chapter. t is section only becomes effective upon compli- Such corporate officers shall also notify the city ce with this section and consent of the council council whenever any change is made in the offi- resolution.The failure to give mailed notice to . cers of any such corporation, and the failure to so o ners or occupants residing within three hun- ed fifty (350) feet, or to community organiza- notify the council shall likewise be sufficient cause t ons,or defects in the notice,shall not invalidate :or revocation of any liquor license granted to t e transfer provided a bona�de attempt to com- such corporation. p y with this section has been made. A bona fide Notwithstanding the provisions of this section, a tempt is evidenced by a notice addressed to = publicly owned corporations whose stock is traded " wner" and to "occupant" of the listed address. ;n the open market may comply with the require- nly one notice need be mailed to each house or ments pertaining to stock ownership and stock e ch rental unit within a multiple-family dwell- transfer by furnishing the council with the names i g regardless of the number of occupants. and addresses of all stockholders of record upon . each renewal of the license. The notification requirements of this section s all not be applicable where the license is to be An application for the transfer of such a license t ansferred to a place located within the down- =ha11 be made by the !ransferee upon forms fur- t wn business district. For purposes of this sec- �ished by the division of license and permit ad- t' n, downtown business district shall include all -ninistration of the department of finance and t at portion of the City of Saint Paul lying within Supp.No.4 21 2 �C�' , /��_/�.�L�� L ENSES �409.13 and bounded by the following streets: Begin ing from place to place into a liquor patrol limit sub- at the intersection of Shepard Road with C est- ject to all the restrictions and requirements of nut Street, Chestnut Street to Pleasant Av nue Section 17.0?.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg ree (d) Notwithstanding the foregoing, no licensee to Sumnut Avenue,St,m**>it Avenue to Tenth S ee , shall be allowed to change the location of the Tenth Street to Interstate Freeway 94, Inte tat licensed premises for on-sale intoxicating liquor Freeway 94 to Lafayette Bridge, Lafayette id (place to place transfer) to any location within a to where the bridge crosses over Warner oa , one-half-mile radius of which there already are �Varner Road to Shepard Road, Shepard R ad o four(4)or more premises licensed for the sale and Chestnut Street. consumption of intoxicating liquor on the prem- (b) Notwithstanding any other provision 'n t e ises, unless his or her previous location is within Saint Paul Legislative Code, no on-sale ce e one-half mile of the new location and the previous V shall be transferable from person to perso ; p o- location was acquired or condemned by a body _ vided, however, that until December 31 19 9, having the power of eminent domain, or the pre- such license may be transferred from pe son to vious location was destroyed or made unusable by person if the following requirements are et: �re or natural disaster, or the lease for the previ- ous location expired and the landlord was unwill- (1) The consideration for the transfer, het er � ing to renew it. This paragraph does not apply if expressed as payment for the licen or for the proposed new location lies �vithin a designated the transferor's consent to the transf r,s all commercial development district. not exceed the license redemptio v lue (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; under Section 409.19 at the time t e tr ns- Ord.No. 17173, 10-23-84;Ord.No. 17177, 10-23-84; � fer is approved; Ord. No. 175�1, § 5, 4-19-88) � . � (2) The transferee may operate sai on sale Sec. 409.12. Revocation;suspension;fine. license for the twenty-four-month pe 'od ext following the approval of the tran fer nly Any license or permit under this chapter may in a commercial development d tri t as be either suspended for up to sisty (60) days or defined in Section 1i.07 of the C ty har- revoked or a civil fine imposed not to exceed two ter; and -- thousand dollars(�2,000.00)for each violation on a finding by the council that the license or permit (3) The on-sale licensed business of he rans- holder has failed to comply with an applicable feror has for the six (6) months re ding statute, rule or ordinance relating to alcoholic approval of the transfer discon inu d its beverages. No suspension, revocation or fine shall . operation or closed for any reaso . take effect until�the license or permit holder has been afforded an opportunity for.a�hearing under From and after January 1, 1990, no n- le li- Section 310.05 of this Code. cense shall be transferable from perso to erson. (Code 1956, § 308.14;Ord.No. 17522, § 1, 12-24-87; Ord.No. 17551, § 6, 4-19-88; Ord. No. 17574, § 1, (c) Not�vithstanding any other prov' io in the 7-12-88) ' Saint Paul Legislative code, an on-s le icense • may be transferable from place to p ce within �c. 409.13. Inspector's duties. one liquor patrol limit as defined in S tio 17.07 of the City Charter, and from such li uo patrol It is hereby made the duty of the inspector to limit to any location in a commercial eve pment see that no applicant for any license hereunder district, also as defined in said section f t e Char- begins to operate such business until the license ter, so long as the transfer and new 1 ati n meet has actually been issued to such applicant so to all the requirements of law, ordina ce, ode or do by the inspector. Charter. E�� cr�-s�l� license may be ra ferable (Code 1956, § 308.21) Supp.No.5 2183 $409.14 LEGISL TIV CODE Sec. 409.14. Owner's responsibility. seventy-five 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 vant or employee of any licensee hereunder, in license is issued or renewed, the second payment to be made within six(6)months from the date of - violation of this chapter, shall be deemed the act �ssuance or renewal.Where a transfer of a license of the employer and licensee of such place as well 's approved by the council, the fee to be charged as that of such clerk,barkeeper,agent,servant or hall be the prescribed annual fee less a credit employee, and every such employer and licensee iven for each month or portion of a month re- shall be liable to all the penalties provided for the aining of the original term. The licenses shall violation of same equally with the clerk,barkeeper, e valid on all days of the week consistent with agent, servant, or employee. he hours of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a clerk, 11 other provisions of this chapter shall be appli- barkeeper, agent,servant or employee made in or able to such licenses and licensees unless incon- _ from any place duly licensed to sell nonintoxicat- istent herewith. � - ing malt liquor but not duly licensed to sell intox- (c) Public hearing; notices No new on-sale wine icating liquor shall be deemed the act of the em- 'cense shall be issued, nor any existing license ployer and licensee, as well as that of the person ansferred from place to place, until the council actually making the sale, ar�d every such employer alI have first held a public hearing on the ap- and li�ensee of such place shall be liable to all the lication. The notification requirements applica- penalties providad in this chapter for such sale, le to transfers or change in licensed areas in equally with the person actually making the sale. ection 409.11 shall be applicable to the issuance (Code 1956, §§ 308.24, 308.25) new on-sale wine licenses or transfers from ace to place. Sec. 409.15. On-sale wine licenses. (d) On-sale malt beverages. A holder of an on- � (a) DeFnitiorzs. The following definitions shall s le wine license issued pursuant to this section apply to this section: o is also licensed to sell on-sale nonintoxicat- (1) Restaurant shall mean an establishment i g malt liquor and whose gross receipts are at ' under the control of a single proprietor or 1 st sixty (60)percent attributable to the sale of f d may be permitted by the city council to also manager, having appropriate facilities for s 11 intoxicating malt liquors at on-sale in con- serving meals and for seating not fewer � ction with the sale of food without having to than twenty-five (25) guests at one time p y any additional license fee. Such authoriza- and where,in consideration of payment there- ti n, if approved by the council, shall be noted � for, meals are regularly served at tables to u on the licenses issued by the inspector. This the general public, and which employs an P vision is enacted pursuant to authority granted adequate staff to provide the usual and suit- b Minnesota Statutes, Section 340A.404(5). able service to its guests. (C de 1956, § 308.27; Ord. No. 16912, 4-22-82; (2) On-sale wine license shall mean a license 0 d. No. 17247, § 2, 6-6-85; Ord. No. 17328, § 3, authorizing the sale of wine not exceeding 1- 3-86; Ord. No. 17491, § 1, 9-16-87) ' fourteen(14)percent alcohol by volume,for consumption on the licensed premises onl}•. . 409.16. Issuance of new licenses. in conjunction with the sale of food. a) Applicability. This section applies only to (b) Issuance of license; fee; conditions. On-sale th issuance of new licenses and to the reissuance wine ]icenses may be issued, subject to the ap- of icenses under this chapter which have reverted proval of the liquor control commissioner, to the to he City of Saint Paul for any reason,including proprietor of any restaurant as defined in this re ocation, the death of the licensee, or lapse of section and without regard to Section 409.03 lim- th license by failure to renew.This section is not itations. The license fee shall be eight hundred ap licable to renewals or transfers of licenses. Supp.No.5 218 � � " . `�'' �5��;— •- LI ENSES $409.16 (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 benefit. cense under this section upon paymen of (c) Special issuance tax—On-sale. the special issuance tax in addition to 11 other requirements of this chapter and t is (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 amo nt 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 t is tax determined in accordance with this sub- subdivision. division, in addition to all other require- ' (3) A license issued under this chapter nd ments of this chapter and this section.The this section is a privilege accorded to he proceeds of such tax shall be used for the licensee to engage in the activities per it- redemption of licenses under Section 409.19. ted thereunder,and is neither property or . Z'he terms "issuance or reissuance," as used a property right. The phrase "fair mar et in this subdivision, do not include the issu- value," therefore, means, for the pur se ance of an on-sale license as an absolute ��\ of this section, the pecuniary value cust m- �rst priority under pa-ragraph (e) of this � arily placed upon the consent of a lice se section, and no such tax will be imposed holder to the transfer of his license by the thereon. parties to such a transfer as authorize by (2) The special issuance tax shall be an amount �.. : this chapter and Section 310.11.The v lue determined by the following schedule: �� of such a consent necessarily does no in- a. From August 1, 1984 through January clude real property, fixtures, equipm nt, inventory, good will or any other asset . 31, 1986—$40,000.00; b. From February 1, 1986 through Janu- (4) Such fair market value, as defined in ub- ary 31, 1987—$36,000.00; paragraph (3), shall be determined by o- c. From February 1, 1987 through Janu- tion agreed to by a majority of the m- ary 31, 1988—$32,000.00; bers of the council after the coun il's d. From February 1, 1988 through Janu- committee designated to hear license at- ary 31, 1989—$28,000.00; ters takes testimony at a public hea ing e. F�om February 1, 1989 through Decem- held before the receipt of any applica 'on. ber 31, 1989—$24,000.00. Such value may be established by testi ony �3) An on-sale license is a privilege accorded to of the inspector regarding recent lic ns the licensee to engage in the activities per- transfers, and shall be the value as ea mitted thereby, and is neither property nor sonably may be determined on or abou th a property right. Such privilege is not im- _ time of issuance of such license under hi � section. The council's committee design te pliedly altered by the city s discretionary to hear license matters may also hear an option to pay a redemption value for out- other relevant evidence. Notice of such ub standing licenses or by the payment of a lic hearing shall be published once n special issuance tax. Such provisions have newspaper of general circulation in the cit been adopted by the city council in order to not less than ten (10) days prior to uc �e into account the private pecuniary value hearing. customarily placed on the consent of a li- cense holder to the transfer of a license by (5) It is the intent of the council in ado in the private parties to that transaction,said this section to gain for the citizens o th transfers now being prohibited by law. City of Saint Paul this value which is cus Supp.No.4 2185 4 409.16 LEGISLATN CO E (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 e) Selection—Off-sale. addition to the proportion of the special 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 (3) Each application must meet all the require- designated to hear license matters shall by � ments of law and this section, including motion set a date for a public hearing at inspe�tion of the premises sought to be li- Which an applicant is to be chosen by ran- censed by appropriate officials of the divi- dom selection.All applicants are to be noti- sion of housing and building code enforce- �ied 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- T�e 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 �3) In the event the applicant so chosen fails to be issued to one or more applicants, th pay the remainder of the special issuance inspector shall inform such applicants o Supp.No.4 21 6 � • G�� ..�r. LICENSES 4 40916 excise tax within forty-eight(43)ho rs, he ing and serving meals to not less than council's committee designated to ear li- fifty (50) guests at one time, ranked in cense matters shall select another a lic nt the order of such seating and serving in accordance with the procedures n t is capacity from the greatest number down - section. to fifty (50); (4) The deposit of ten (10) percent of t e s e- d. Applicants for the operation of restau- cial issuance excise tax shall be r ai d rants or hotels not covered above,ranked by the city until the license is a rd d, in the order of capacity for seating and after which time the deposits of the ns c- serving meals to guests from the great- cessful applicants shall be refunded.In t e est to the lowest seating and serving event any applicant demands and r eei s capacity; and back his deposit prior to the award of t e e. All other applicants, in the order by license, the application shall be dee ed 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 i sp c- = the city may apply for the issuance of a tor that all the eligible application ha e new on-sale license within one year of such been received, inspected and investi at , redemption. and after hearing having considere a d �g� Nonissuanc� Nothing contained in this sec- determined whose application may f th r tion shall obligate the City of Saint Paul, nor be considered despite any adverse co - imply any obligation,to reissue any licenses which mendation made, the council's com itt e have reverted to the city. The city council may, designated to hear license matters s 11 y by resolution, declare that such licenses shail not motion set a date for a public hear g t be reissued, specifying any length of time deemed which one or more applicants, depe di g advisable during which no such licenses shall be on the number of licenses to be issue , a e re-issued. to be chosen according to the prioriti s s t forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qualified applicants ha communicate with any member of the city council on-sale licenses to be issued,applicants ha regarding any application or applicant for issu- be entitled to receive such licenses ac or 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 co.u�se of a public hearing before the coun- a. As an absolute �rst priority, an ppl - cil's committee designated to hear license mat- cant who purchases an existing us - ters held pursuant to this section. ness having an on-sale license wit th intent of operating said business t th (i) Neighborhood Betterment Fund A Neighbor- same location for at least one ye hood Betterment Fund is hereby established, to z thereafter; which ten(10) percent of the proceeds of the spe- b. Applicants for the operation of re ta - cial issuance tax are hereby appropriated. Such rants capable of seating and se vin fund shall be used to assist the housing and rede- meals to not less than one hu dre velopment authority of the City of Saint Paul, (100) guests at one time, ranked i th Minnesota, in the acquisition, clearance or rede- order of such seating and servin c velopment of blighted or deteriorated areas and pacity from the greatest number ow structures in neighborhoods having concentrations to one hundred(100); of businesses licensed for the sale and consump- c. Applicants for the operation of h tel tion of intoxicating liquor on the premises, which having dining rooms capable of ea acquisition,clearance or redevelopment are hereb�� - Supp.No.4 21s� §409.16 LEGISLATN C DE determined to be for a public purpose. Such pur- an conditions may limit the dispensing of intox- poses and uses of the fund may include the acqui- ic ing liquor to designated areas of the facility. sition of the real or personal property of existing T department of community services may fix on-sale liquor businesses, and aff`irmative assis- an assess a fee to be paid to the general fund in - tance of financing of minority-owned businesses th case of Town Square Park and to such special seeking or needing on-sale intoxicating liquor fu d as may be designated by the director of said licenses. de artment in the case of Phalen Park Club House (Code 1956, §§ 308.28-308.33; Ord. No. 17172, b an on-sale licensee for each event for which 10-23$4;Ord.No. 17176,10-23-84;Ord.No. 17551, t licensee is engaged to dispense intoxicating § 7, 4-19-88) li uor. ( rd. 16812, 7-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation;penalty. c. 409.19. License redemption. -- Violation of any of the regulations contained in - 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 c etion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. c ived from the special issuance tax are avail- (Code 1956, § 308.23(12)) le,redeem any on-sale license,with the consent o the licensee, by payment of the redemption Sec. 409.18. Town Square Park; Phalen Park lue to said licensee. Such redemption terminates Club �Iouse. t e license for that license holder, and permits The department of community services may au- e city at its option and in its sole discretion to thorize any holder of an on-sale liquor license � sue said license in accordance with the require- issued by the city to dispense intoxicating liquor ents of law and ordinance. The city may not at any event of definite duration on the public edeem any on-sale license which has been re- premises known as Town Square Park and Phalen oked or not renewed for cause. The redemption Park Club House. The event may not be profit alue shall be an amount determined by the fol- making except as a fund raising event for a non- o�'ing schedule: profit organization or a political committee as (a) From August 1, 1984 through January 31, defined in Minnesota Statutes, Section 210A.01, 1986—$70,000.00; Subdivision 8. The licensee must be engaged to dispense intoxicating liquor at the event held by �� From February 1, 1986 througb January a person or organization permitted to use the prem- 31, 1987—$60,000.00; 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 �d) From February 1, 1988 through Januazy event. The authority to dispense intoxicating li- 31, 1989—$40,000.00; quor shall be granted in accordance with the stat- 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 o 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 ordinance governing the dispensing of intoxicating liquor a All on-sale licenses which are revoked or not re- are not inconsistent with Laws, 1981, Chapt newed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispensin required by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance wit re-issued by the city in accordance with law. the terms and conditions prescribed by the d - (Ord. No. 1?172, 10-23-84) partment of community services and those ter s Supp.No.4 2 88 IC NSES §409.21 Sec. 409.20. Commercial development distric . Sec. 409.21. Pull-tabs and tipboards in bars. (a) Commercial development districts,as define (a) On-sale licensees may request permission in Section 17.07.1 of the City Charter, may of the city council to permit qualified charitable ; created or expanded by the filing in the office f organizations to conduct lawful gambling in the the city clerk of a written petition therefor se - form of pull-tabs and tipboards only on the li- ting forth the boundaries of the expanded distric , censed premises. Application for permission shall and containing the written consent of the owne s be made to the license inspector and payment of of two-thirds of the several descriptions of re 1 the specified fee. If the application is granted,the estate situate within the new or area of the e - license shall contain an endorsement specifying panded district, together with the written conse t this approval and the gambling endorsement may of the owners of two-thirds of the several descri - be considered for renewal at the same time as the tions of real estate situated within one hundr eouncil may consider renewal of the on-sale license. (100) feet of the new or expanded district, a (b) Gambling endorsements on on-sale licenses -� after the �rmative vote in favor thereof by t shall be subject to the following regulations which least five(5)members of the city council. shall be deemed as a part of the license, and failure of compliance may constitute grounds for (b) The city council may waive the requiremen - adverse action as prescribed in the Legislative for consent signatures if the city council sh 1 Code: determine that a hardship exists therefor, and such case the council may,on its own,initiate t e �1) Only charitable nonprofit organizations process of creating or expanding a commerci 1 �'hose primary function is the support of development district. In such case, the affirm - athletic activities and serving a majority of the youth from the City of Saint Paul or tive vote of at least five (5) members of the ci y contributes a majority of its revenues on - council shall be required to create or expand a y Saint Paul youth may be allowed to sell such district. pull-tabs and tipboards on the premises. (c) In all such cases, the planning commissi n (2) Use of the licensed premises shall be by shall be consulted for advice concerning the p - means of a written lease agreement between posals for consistency with the city's comprehe - the licensee and the charitable organiza- sive plan and zoning ordinances, and the pla - tion. The lease shall be for a term of at ning commission shall report in writing to t e least one year; a copy shall be filed with city council its findings and recommendations. the license inspector, and also a copy must (d) Upon receipt of the report of the planni g be kept on the premises and available for . commission, the council's committee designa d Public inspection upon request. Leases shall to hear license matters shall fix a date for pu ic be governed by the following: hearing to consider the petition or proposal to a. Maximum rent that may be charged is create or expand a commercial development 's- one hundred dollazs($100.00)per week. trict and afford an opportunity to all affected p r- b. Rental payments may not be based on _ sons to be heard.The city clerk shall cause not ce a percentage of profits from gambling. — of the hearing to be published once in the offi al c. The charitable organization may not newspaper of the city, and mailed notice ther of • reimburse the licensee for any license shall be given by the department of finance d fees or other gambling-related expenses management services to all owners of land wit in incurred by the licensee. the new or area of the expanded district. P b- d. The only form of gambling that shall lished notice and mailed notice shall be mad at be permitted on the licensed premises least twenty (20) days in advance of the pu ic shall be pull-tabs and tipboards approved hearing. by the license inspector. (Ord. No. 17238, § 1, 5-9-85; Ord. No. 17551, 8, e. Pull-tabs and tipboards shall only be 4-19-88) sold from a booth used solely by the Supp.No.4 189 � / . �� - §40921 LE ISL TNE CODE charitable organization, and pull-t bs (7) The licensee shall be responsible for the and tipboards shall neither be sol by charitable organization's conduct of selling � employees of the licensee nor sold f om pull-tabs and tipboards. The city council . the baz service area. may suspend the licensee's permission to = f. The construction and maintenanc of allow gambling on the premises for a pe- the booth used by the charitable o ga- riod up to sixty (60) days for any violation nization shall be the sole respons bil- of state or local gambling laws or regula- ity of the charitable organization. 'tions that occur on the premises by anyone, g. The lease shall contain a provision r- including the licensee or the charitable or- mitting the licensee to terminate the ganization. A second violation within a lease if the charitable organizatio is twelve-month suspension, and any additional found guilty of any violation of sta or violations within a twelve-month period shall local gambling statutes, ordinanc or result in the revocation of the gambling _ rules and regulations. permission, and may also be considered by - the council as grounds for suspension or (3) Only one charitable organization sha b revocation of the on-sale liquor license. permitted to sell pull-tabs and tipboar o (Ord. No. 17321, § 3, 12-31-85) the licensed premises of a Class A e tab Cross references—Gambling, Ch. 270; lawful gambling, � lishment, no more than two (2) orga iza Ch.402;bingo halls,Ch.403;game rooms,Ch.406. tions at separate times in a Class B e tab lishment,and no more than two(2)chari bl Sec. 40922. Charitable gambling regulations. organizations shall be permitted to sell ull tabs or tipboards on the licensed pre ise The sale of pull-tabs and tipboards in on-sale of a Class C establishment, provided he licensed premises shall be conducted only by quali- are located in totally separate areas. fied and state-licensed charitable organizations. In addition to satisfying the qualifications set forth (4) The licensee may not be reimbursed b th in Minnesota Statutes,chapter 349,the following charitable organization for any licen e o regulations and qualifications must be complied permit fees,and the only compensation hic with by all such charitable organizations: the licensee may obtain from the ch rit - (a) Must be a nonprofit charitable volunteer ble organization is the rent fixed i th organization whose primary function is the lease agreement. support of athletic activities, including the (5) The licensee must commit to a minim m f following activities: Acquatics, baseball, bas- twenty (20) hours of sales of pull-tab an ketball, boxing, football, gymnastics, golf, tipboards for the charitable organiza 'on. � hockey, skiing, soccer, softball, speed and figure skating, tennis, volleyball and wres- (6) As a qualification ''�r removal of th pe - tling. The council may, at its discretion, mission to allow the sale of pull-tab a include nonprofit charitable volunteer or- tipboards on the licensed premises, he �- ganizations whose primary function is the _ censee must demor.strate to the lice e i - support of youth activities other than ath- spector that at least one thousand lla s letics after an initial six-month period, pro- ($1,000.00) in gross gambling rev nu s vided such organizations meet all other re- weekly are generated in a Class A sta - quirements of the charitable gambling ]ishment, two thousand dollars ($2,0 0. ) ordinance. in a Class B establishment, and tw th u- (b) Must be a local charity serving youth, a sand dollars ($2,000.00) per charit in a majority of which are from St. Paul and/or Class C establishment, based on a t en y- spends a majority of its revenues on St. hour-per-week operation. Paul youth. Supp.No.4 2190 .. LICENSES §40923 - (c) Must have been in existence for t ree (3) � (r) Shall pay to the city-wide organization des- years. ignated by the city council ten(10)percent (d) May not be supported by a school thl tic of the•net profits from selling of pull-tabs � program, either public or private. and tipboards to be distributed to other youth athletic organizations to be e:cpended for such (e) Must file with the license inspecto an u- lawful purposes as specified in Minnesota ally a list containing the names d d- Statutes, Chapter 349. dresses of all current members. (s) The charitable organization shall not use a (fl Must use gambling proceeds only fo you h pull-tab or tipboard which does not return athletic activities. If the organizatio g - to the players a minimum percentage of erates funds for other uses, it mus ke p seventy-five (75) percent, nor a maximum separate and accurate accounting r cor s percentage of eighty(80)percent,which per- -- of all gambling receipts and disburse ent . centage shall include free plays awarded. -" (g) Must file financial reports weekly wi h t e (t) The charitable organization will be respon- license inspector. sible for the booth and other equipment (h) May not have a gambling license in mo � used in the operation as a deductible ex- than two(2)Class A establishments a d pense of the charity. more than one Class B or Class C ta - (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § lishment in the City of St. Paul. 1, 3-10-88) Cross reference—Lawfui gambling,Ch.402. (i) Must e.�chibit and sell pull-tabs and tipb ar ' � in a method as required by the li ns Sec. 409.23. �,ind established;administration. inspector. (a) There is hereby established a special fund (j) May be required to demonstrate to th cit for the administration and distribution of the pro- council that the majority of their tot in ceeds contributed by charitable gambling in on- come is given to youth athletic activiti s. sale liquor establishments as specified in this chap- (k) Workers or managers may not divulge the ter.bionies in this fund may be expended only for number of or the dollar amount of the in- such lawful purposes as set forth in Minnesota ners at any time. Statutes, Chapter 349, and shall be espended to assist youth athletic organizations which are not (1) Shall not comingle game cards. selling pull-tabs and tipboards in licensed estab- (m) Shall pay employees a minimum wag of lishments. three dollars and thirty-five cents ($3 5) (b) The city council shall appoint a city-wide per hour (federal minimum wage) and no charitable organization and youth or adult repre- more than five dollars($5.00)per hour. sentatives from each of the city's recreation dis- (n) Shall comply with all the provisions of 'n. tricts to advise the city on the disbursement of _ nesota Statutes, Chapter 349. these funds. The council, with the advice of the appointed city-wide charitable organization and (o) Gambling manager's compensation shall ot representatives, shall by resolution adopt rules exceed fifty dollars($50.00)per week. and regulations governing the administration of (p) Shall register with the state gambling bo d the fund,eligible applicants and appropriate uses all equipment and supplies used in a i- for the funds.These rules shall include the following. censed on-sale liquor establishment. (1) Applicants for funding must be incorporat- (q) Shall post in a conspicuous place rules a d ed, nonprofit organizations formed for the regulations concerning charitable gambli g P�'Pose of supporting youth sports and ath- as required by the license inspector. letic programs. Booster clubs organized for Supp.No.4 21 1 , ��j � . � �-}-�� §40923 LEGI LA E CODE a recreation center or a specific sport m (4) Gambling managers may not receive more be eligible, but organiaed school team , than fifty dollars($50.00)per week for com- whether public or private,will not be eligibl . pensation for services as a gambling man- _ (2) Applicants shall provide information setti g ager. — forth its stated purpose, number of parti '- (5) All gambling managers must successfully pants served, area served and reasons w y complete a training program established the funds are needed. by the city, which training program shall (3) Funds may not be used for capital expe s- include state charitable gambling laws, city es, nor for salaries or travel expenses, b t charitable gambling ordi.�ances, accounting may be expended for an individual or te procedures, record keeping and reporting representing the city or state in a state r Procedures and methods. national championship tournament. (Ord. No. 17321, § 6, 12-31-85) r (4) No organization operating charitable ga - Sec. 409.25. Temporary wine and liquor li- � bling in the State of Minnesota will be li- censes. gible to receive funds. . (a) Wine licenses. Notwithstanding any other , (5) Funds will be awarded on a matching ba is provision of this chapter, a bona fide nonprofit only. charitable, religious or veterans organization may (6) Organizations receiving funds shall file� th obtain on-sale license to sell wine not exceeding the city financial reports showing how he fourteen (14) percent alcohol by volume for con- funds were expended and for what purp se. sumption on the licensed premises only. The fee No additional grants will be made u til for such license shall be one hundred thirty-five the organization has filed such report of dollars ($135.00) per day, and licenses shall be previous expenditures. issued for periods not to exceed three (3)consecu- (.Ord. No. 17321, § 5, 12-31-85) tive days. No organization shall be granted more than two(2)such licenses per calendar year. (b) Liquor licenses. Notwithstanding any other Sec. 409.24. Gambling managers. provision of this chapter, a club or charitable, No person shall be a manager of any charit ble religious or other nonprofit organization in exis- organization selling pull-tabs and tipboards i on- tence for at least three (3) years may obtain on- sale liquor establishments unless licensed by the sale license to sell intoxicating liquor for consump- city as provided herein and compliance with the tion on the licensed premises only and in connec- . following requirements: tion with a social event within the city sponsored by the licensee. The license may authorize on- (1) Application for gambling manager lic ns sales on premises other than premises the licen- shall be made at tl:e office of licens in see owns or permanently occupies. The license spector on forms provided by said o ice may provide that the licensee may contract for _ The annual license fee is one hundre dol �{�xicating liquor catering services with the holder - lars($100.00). of a full year on-sale intoxicating liquor license (2) Gambling managers shall meet all t re issued by the City of Saint Paul. The fee for such quirements of Minnesota Statutes, ha license shall be one hundred thirty-five dollars ter 349, and must file proof that a ten ho ($135.00)per day, and shall be issued for not more sand dollar ($10,000.00) fidelity bon ha than three (3) consecutive days. No organization been provided. shall be granted more than two (2) such licenses per calendar year. (3) An individual may not manage any ar - table organization's gambling operati n f (c) Application. Application for such temporary more than three (3)consecutive years licenses shall be made on forms provided by the Supp.No.4 2192 � ' ' � ��,.� LI ENSES $410.26 inspector and shall contain such information as subject to the provisions of these chapters govern- specified by the inspector,including the followi : ing Class II licenses.The inspector shall make all (1) The name, address and purpose of the r- referrals as provided by Section 310.03, but the _ ganization, together with the names d director may require the inspector to issue such addresses of its of�icers. license before receiving any recommendations on the application therefor if necessary to issue such (2) The purpose for which the temporary lice se license on a timely basis. is sought, together with the place, da es (Ord. No. 17459, § 1, 5-28-87; Ord. No. 17569, § 4, and hours during which wine or intoxi t- 6-7-88) ing liquor will be sold. (3) Consent of the owner or manager of he �c. 409.26. Into�cating liquor; presumptive premises, or person or group with la ul penalties. _ responsibility for the premises. (a) Purpose. The purpose of this section is to —. (4) Evidence that the applicant has obtai ed establish a standard by which the city council determines the length of license suspensions and and has in force a bond in accordance th revocations, and shall apply to all on-sale and Section 409.06(j), and liability insuranc in ; off-sale licensed premises. These penalties are pre- accordance with Minnesota Statutes 19 6, sumed to be appropriate for every case; however, Section 340A.409. the council may deviate therefrom in an individ- (d) Application of other prouisions of this ch Fr ual case where the council finds and determines ter. No other provisions of this chapter shall ap ly that there exist substantial and compelling rea- to licenses granted under this section, e:ccept ec- sons making it more appropriate to do so. When tions 409.06, 409.07, 409.08 (except clauses 1) deviating from these standards the council shall and(12)), and Sections 409.09 through 409.14. provide written reasons which specify why the penalty selected was more appropriate. (e) C1ass II license. Notwithstanding any ot er provision of law to the contrary, the tempor ry (b) Presumptive penalties for violations. Adverse wine and liquor licenses provided in this sec on penalties for convictions or violations shall be shall be administered as a Class II license, nd presumed as follows: Type of Violation Ist Violation 2nd Violation 3rd Violation (1) Commission of a felony related to t e 1' Revocation NA NA , censed activity (2) Sale of alcoholic beverages while lice e i Revocation NA NA under suspension (3) Sale of alcoholic beverages to unde -ag 5 consecutive Revocation NA _ person days suspension — (4) Sale of alcoholic beverage to intoxi ate 5 consecutive 15 consecutive Aevocation person days suspension days suspension (5) After hours sale or display of alc oli 3 consecutive 9 consecutive Revocation beverages days suspension days suspension (6) Refusal to allow city inspectors or olic 5 consecutive 15 consecutive Revocation admission to inspect premises days suspension days suspension (7) Illegal gambling on premises � 3 consecutive 9 consecutive Revocation days suspension days suspension Supp.No.4 193 §410.26 • LEGISLA NE CODE Type of Violation st Violation 2nd Violation 3rd Violation (8) Permit person to leave premises with alco- consecutive 9 consecutive R.evocation holic beverages d s suspension days suspension — (9) Failure to make application for license re- 1 consecutive 45 consecutive ftevocztion newal prior to license expiration date � d s suspension days suspension (10) Violations of city ordinances pertaining to consecutive 15 consecutive Revocation fire or building or health codes d s suspension days suspension (c) Computation of time. For the purpose of de- (c) Off-sale licenses shall permit the licensee of termining the number of occurrences of violations, uch nonintosicating malt liquors to sell same in _ the council shall consider a violation as a second riginal packages for consumption off the prem- -- occurrence if it occurred within eighteen(18)cal- es only. endar months of the first violation, and shall con- �d) Nothing herein contained shall be construed sider a violation as a third occurrence if it oc- o prohibit the sale and delivery in original pack- curred within thirty (30) calendar months of the ges directly to the consumer by the manufac- second violation. urer or distributor of nonintoxicating malt liquors. (d) Other penalties. Nothing in this section shall restrict or limit the authority of the council to (e) No off-sale license shall be issued for any suspend up to sixty (60) days, revoke the license, lace where nonintoxicating malt beverages shall impose a civil fine not to exceed two thousand e sold for consumption on the premises. dollars($2,000), to impose conditions or take any (fl. "Nonintoxicating malt liquor" is any fer- other adverse action in accordance with law; pro- ented malt liquor, potable as a beverage, con- � _ vided, that the license holder has been afforded aining not less than one-half of one percent(1/x of an opportunity for a hearing in the manner pro- %) alcohol by volume nor more than three and vided for in Section 310.05 of this Code. wo-tenths (3.2)percent alcohol by weight. (Ord. No. 17556, § 1, 4-28-88) Code 1956, §§ 310.01, 310.17, 310.20) c. 410.02. Fees. Chapter 410.Nonintoxicating Malt Liquor* Before the filing of an application for either of Sec. 410.01. License required; definitions; he licenses hereinbefore provided for, the appli- - exceptions. ant shall deposit with the license inspector the um of two hundred fifty dollars ($250.00) if the (a) No person shall sell nonintoxicating malt pplication is for an on-sale license, and the sum liquors at retail in Saint Paul without a license. f fifty dollars($50.00) if the application is for an � (b) On-sale licenses shall permit the licensee ff-sale license, and the inspector shall thereupon r for the sale of said nonintoxicating malt liquors eliver to such applicant duplicate receipts there- to sell such for consumption on the premises. On- or, containing a statement of the purpose for sale licenses shall be granted only to restaurants, hich such deposit was made, and one of said . hotels, bona fide clubs, establishments for the ex- eceipts shall be attached to and filed with said clusive sale of nonintoxicating malt beverages and Pplication. establishments licensed for the exclusive sale of Code 1956, § 310.03; Ord. No. 16843, 10-20-81) intoxicating liquors. ' c. 410.03. Licensing requirements. •Cross references—Liquor and beer regulations general- ly,Title XXN; intoxicating liquor, Ch. 409; use of beer and �a) Application. Any person desiring either of intoxicating liquor prohibited in motion picture drive-in thea- he licenses as hereinbefore described shall first tres, §416.os(b). ake an application therefor to the council of the Supp.No.4 2 94 17HITE - CIT�Y CLERK � � PINK - FINANCE CITY OF A NT PAUL Council � ,�_ _ CANANV -(,EPAI7TMENT i` � !� BIUE - MAVOR File NO. ' Citp Attav/�B�i . ' Ordi nce Ordinance N 0. f 710� .� Presented By � � -:r;�' - ;�,•,-f: _ �°"�� Referred To � Committee: Date " Out of Committee By Date , �- .. :,;�� — A�-� or in nce �!e�ding secLioizs �(34.1Q, 40 .2 , 4{�9.2? and 409.23 of ` - � t:�e Saint u Legislative Code ta �rovi.de fo f rt�er re�ulation oF the con�v.�t o£ ful gambl.in; on licen�ed �r�nis��s �I n private clubs . THy ��fiT:�yCI� �F T'�iF. Ci�'Y OF SA ��1T PAtIL �Or5 JRDAI:T: - Section I. Section 4C9.21{�) (I) of e Saint PaLl Legislative Code is =_�areb�* a�e:zded to re�� as fol' c�� : il) Onlr c?�aritable ron o ?t or�a,n�zations l�cer>se� Uy t;ze Sta�e of '-Iinr_esot t o�erate ��-�t�oards a� nu tat�s �. ese ��e� x e �eP e �ae et�A�eY�-$= az§ e�}e ae��z=es a�� .t � �B�A�� e� �?�e $ett��! ��es �� 5��* e� � �! Pat;� e� eea��be3�as a �8�e�� e£ ��s �s�e:��s � �a�x� Faa.� �e��:� �a�- �e allot�ed to selZ �ullta;�s �ipboarc�s or� the licen3ed �re��i ses. Section 2. Section 4��.?.I of �he Sa t Paul Legisl�tive Code i� her�by . a*�nrde� by ac3din; at ��e �rd e �o� net� s�a.b3ections (c) (�} , (c) �2) �nd (c) <3) to sead as �oI �� : COUNCIL MEMBERS � Yeas Nays Requested by Department of: Dimond ��g In Favor Goswitz Rettman Scheibel A gai ns t BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date CP•tiE�`ed Passed by Council Secretary BY �� Approved by Mayor: Date Approved by Mayor for Submission to Council By BY �''�"-�� _ /y��.3 2a- " (c) (1) rlotwithstanding an o her provision o.f law or - of �sections 409 . 21 and 409.22 of this chapter, not more than five (5) charitable n np ofit organizations ��hich qualify as ' large organiza io s ' may be permitted to conduct lawful gamblin� in th form of pull-tabs and tipboards on licensed prem' se after meeting all other . requirements of chapters 3 0 nd 409 of the Saint Paul Legislative Code and of an o her a�plicable statute, regulation or ordinance. he term ' large organization' for the nurvose of this ch nt r shall mean and include _ any charitable nonProfit o ga ization which has the size and resources , as �vel a the public �acceptance and drawing power, suffici nt to dominate in the com- petition for licensed prem se in which to conduct charitable gambling so as o ake it difficult or im- possible for small charita le nonprofit organizations to find suitable or desira le premises in which to raise funds by charitable a ling. ' An c�iaritable non�rofit organization (i) w se annua gross revenues for the immediatel ast s 1 or ca en ar year rom • a sources are in excess , , or ii w ose annua manaQement an a mi i trative ex en itures or its current bud et year ar excess o , 3 , , , or iii t�Tenty- ive perce t o or more o �a ose net nro its rom c arita am ing are or ave een istri ute in at east t e o t e ast ive years to anot er nonpro it or c r ta e organization o w ic a.t is a oca c apte r su si iary, s a e nresume to e a ar�e co o ation. e computation o t e a ove o ar amount a e the total for , both the charitable nonpro i organization in question and any other suc rganization, if such other organization: (i) has the power to ap. o nt a majority of the governing body of t e organization in _ question; ' (ii) has or exercises th authority to direct or control the �or of the officers or employees of the or an zation in question; (iii) provides half or o e of the gross � revenues of the organi at on in question; or ' � ��r . �'�-`'�• � - iy�i3 -2b- (iv) franchises or h rters the organization in ' question, or permit he organization in question to use its name an o organizational symbols in the conduct of the u d-raising activities of the organization in que t on. (c) (2) No endorsement o the on-sale license shall be ' granted to any on-sale 1 censee for a lar�e organization until thirty (30) days a ter the �effective date �of this ordinance. If there a e more than five �qualified �- anplicants for such en o sement , the coun��I shall by ' motion set a future re u ar council meeting date at which five such applic n s shall be selected for the issuance of the liquor e dorsements authorized herein. Such selection shall b v lot in accordance with the procedures indicated i ection 409. 16(e) (2) (eXCepting the paymerit of the spe i 1 issuance excise tax) . Not less than thirty (30) a s after one of such eridorse= ments is revoked, deni d or lapses for any reason, the Council may establish ate for random selection among _. othert�ise qualified ap 1 cants as provided above. If the number of applican s at any time is equal to or less than five, or less tha he number needed to bring the total of such endorsem n s issued to five, then the Council may issue such e dorsements in the �regular manner. (c) (3) The large organ' z tions authorized to operate �in on-sale licensed premi e as provided for in this sub- section (c) shall be r q ired to comply t�ith all appli- cable requirements of a and of sections 409 . 21 through � 409 . 23 , 'includin� the a ent of 10% of their net profits from selling of pull-t b as provided by section 409 . 21(r) ." Section 3 . - The existing section 4 9 21 (a) of the Saint ��aul Legislative Code is herehy renumbered t e read as sectiori 409.21(a) (1) , and the following new section 4 9 21(a) (2) is hereby adopted: Li�i l8�2 T � � �'�'-�� ' �76�3 `�n��.- -3- "(a) (2) In the event the p ission of any charit- able nonprofit organizatio conduct lawful gamblin� on the licensed p e ' ses is terminated by the licensed establishment o whose premises the organization was . conductin s id gambling, or in the event such organizatio rminates its lawful �ambling, as a result of c e ion, pressure or � unreasonable or unlawful c n ct by the licensee or its employees , the on-s 1 licensee shall not be able to make applicatio r a gamblin; endorse- ment for a new charitable , o rofit organization -� to take the place of the f r organization until one year after discontinua c of all gambling activity on the licensed p e ' ses bv the for�mer organization. " - Se ti n 4. Section 409. 22 of the Sain P ul Legislative Code is hereby amended by deleting subsections ( , (b) , (f) and (j) ; by renumbering the remaining subse ti ns in� said section 409 . 22 ; and by adding a ne�a subsection o eaci as follo�as : " ( ) Shall ex�end at least �fi tv-one bercent or more o its riet procee s rom c a ' tab e amblin at :Saint Pau locations to or or rp ses which bene it pro- rams or activities occurr n in aint Pau or w ich directly bene it substanti 1 umbers o Saint Pau resi ents . S ct"on 5. Section 409 . 23(a) of the S i Paul Legislative Code is hereby amerided to read as follo s : "(a) There is hereby estab is ed a special fund for � the administration and dis ri ution of the proceeds contributed by charitable a ling in on-sale liquor establishments as specifie i this chapter. Monies �ll�a . , . ��-,��-� , , �y�� -4- in this fund may be expend d only for such lawful purposes as set forth in M esota Statutes , Chapter 349 , and shall be expended t assist youth a�k�e��e organizations which are no elling pull-tabs and tipboards in licensed esta 1 shments ." S c ion 6 . Section 409 . 23(b) (1) of t aint Paul Legislative Code is - herebv anended to read as follo s "(1) Applicants for fundi ust be incorporated, nonnrofit organizations fo d for the purpose of supporting youth 9ae��s a d �k�e��e programs . Booster clubs organized f recreation center or a s�ecific sport may b e igible, but organized school� teans , whether pub ic or private, will not be eli�ible. Evidence th t � is orpariization has __ � been recognized b t e IR a exemnt rom taxation � nursuant to U. S . C. §50 o is usin an organi- zation so reco riized as a i ca a ent sha e , accepte as nroo that it is a non ro it or ani- � zation; ut suc evi ence is not t e exc usive metho o estab is in no r � it status . ec ion 7 . Section 404. 10(6) of the ai t Paul Legislative Code is hereby amended to read as foll ws : " (6) Ten ercerit �(10%) �of t proceeds received from the gam ing activity �ay ��eja��:e� �ex�;� �e �kese e�gaa}�a��eas ar�� a.e�}ja�.� es e�}g�b�e t�.nde� �ee��ea 499-��{a3� �sh�all� be pa'id �t� � e �Furid �es�tablished under " section �40 . o �t e Sai t au Le is �ative Co e . � n�� - , �:�;��,,. � _ " r., /��/3 �'�_.�'�� -5- S ction 8 . - Section 404. 10(17) of t e aint Paul Legislative Code is hereby repealed. ection 9. � Section 409 .21 of the S i t Paul Legislative Code is hereby amended by adding a new subs c ion (d) at the end tliereof, to _ read as follows : � ' "(d) No charitable org i ation, whether a large organization, exempt .0 de state law, licensed by the State of Minnes ta or issued a gambling permit under any ordin nc , . shall sell pull-tabs and/or tip boards in m re than three (3) estab- lishments licensed by he city of Saint Paul for the sale of intoxicati g iquor in accordance with section 409 . 22 ; g o 'ded, however, that no ' such or�anization may p ate in a second estab- - � lishment until� it has e in full operation for � at least three months 'n the first establishment, nor operate in a thir e tablishr.ient until it has been in full operatio f r at least three months in both the first and se ond establishments . " ection 10. • This ordinance shall a effect and be in force thirty � (30) days following its pa s e, approval and publication. Section 11. . Section 2 of this or 'n nce shall be effective commencing - as provided herein, and t nating on December 31, 19°O , such ' � 1►�B �g WFIITE — CITV CLERK t �\.pdNK — FINANCE � ' �� COUIICIl � , SILLEQr—MAYORTMENT r'�� GITY O AINT PAUL File NO. �r ' � ��'� � 4 On�nce Ordinance N 0. ��G'I� Presented By Referred To Committee: Date Out of Committee By Date -b- _ sectio� to have no forc� o fect after suc� date *s.*�Iess raenacted or ext�nc�ed by t e nact-�nent of an ap�ropriate ordinance. _ COUNCIL MEMBERS Yeas Nays � Requested by Department of: Dimond �_; ��g In Fa or Goswitz Ae'Rtnan ; � B Scheibel `" Again t Y . Sonnen , Wilson r-.. . • Form Approved by City Attorney Adopted by Council: Date � �'`'-tified Passed by Council Secretary BY • � dy ':�. . `# �...;c—L." 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'� ��t �r:��'�� : .�� . . � � : , � �� i ,..� � . , . - - � - _ � ..� . � � _ '; � � ; i _ _ - :' � , � . . _ , � - _ ' . _ . .. . .Y., ; � " � . . . . . . - . . . . . . . . .... . .. ... . � �.'. � . � . . . . . � .. - . .. ... ' . � ; ' . .. . ., ..... . `.� �;... -. ' �. . ... . - .: ♦.: i; - � - . . .. ' ._ " . . ..,! .._.. . -. . - .. :.' . • . . - ` ,�j`- � . ..'. . .�...:- �. � . . � .. . ..• . .�� ` .. - . . - ' . . . '.' ' . . . . . - .. - . . . I _ � . . � '- .� :. .. . . .. . .. .. ! t ,•. .._ .�.: ........ . ' . . . . .. . � . " .. . . . . . . . . . ' .. �� . • .. � � � ' . ;. � . . . . . ' . �.�.._ . . . s3 I I ' " . . . �.�.. . . . . . � . - 1 ��. � ... �. � .. . , ..� � � . .. " � . . � I .. . ' . ... � . : RN+�O� � K� � ' _ S►� ' _ { ; : � z- s �-�Q � �r�.� �. _ PAGE 1 OF 2 � • � +�""�' CLJS CK S, INC• . ' � • 870 Payne Avenue�Ol � 10222 ba �eaney�'s Bar ID# ��81�,/� �` 1-29-86 United Fire F Casualty Co On Sa e iquor S00779 1-31-87 Bond# 55-100914, Exp. CONT SLmda L quor S00779 1-31-87 1-29-86 Liq Liab-Transcontinental On Sa e iquor-C 16230 1-31-88 #CCP 0661603, Exp. 1-31-87 i .�p1� �a L quor 16230� 1-31-88 1-15-87 Liq Liab-Transcontinental :.:��-�� e •�r�C� 16230 1-31-89 '�� 1-31-89 �CCP 1663005, Exp 1-31-88 ': #1�� S •�r 16230 12j7/87 Liq. Liab.-Transcontinenta On Sd e iquor (C) 16230 1-31-90 #CCP1663005 Expires 1/31/89 1(23p 1-31-90 Sunda L quor 1-27-88 Liq Liab-'PranscontirLental ,#CC�1663005 Exp. 1-31-89 ��-26-89 Liq. Liab. Acceptance Indemnity Ins. #IL350399 Exp. � 1-31-90 . � �1 -- - ----- . .- _ ---- .:_ -. CUSICK S, INC. (New Cor;.."� *��g-=4 Payne Ave.._ 55101 . _ . �� dba Re ne ''s Bar ID#95oi381 On Sal L quor 13040 1-31-81 ,�D�S. Sun3ay Li uor 13041 1-31-81 o� On Sal L'quor 18426 1-31-82 � Sunda Li uor 18427 1-31-82 #2 On Sa'e 'quor I704 1-31-8? Sunda ' uor 1704 ?-31-a3 On Sal L q�:or 6147 1-31-54 Sunday Li uor 6147 1-31-84 On Sal L quor 11290 1-31-85 �* Sunday Li uor 11290 1-31-85 *� - � �*TRAN ID to 870 Payne Avenue C. F. #8f�531 4/25/8�+ On S e iquor R16230 1/31/86 �.�_.._-_._�-----_-- ---- - _____ g� � � quor R16230 1/31/86 � 1-23-80 Great American Ins. Co. _ _ __ � Bond �� NONE Exp.- Continuous -- -�-� - �ZtCUSIC 'S, II1C. DBA: Reaney's Bar On Sale Liquor 2-10-81 Continental Iae. Co, ��Z 8ond ,� 310 �]. 83 Exp. 1-31-8,2 �"�� ' C� Pres. �i Pres. Sec.ir. i•lichael J. geaney, �r. 1-29-82 Western Suret;� Co. Bond ,r L & P 660607 �xp. 1-31-83 � Stock ::ichael �. :�eaney, Jr• _.__ -31- 83 lve.a�enn SuneZy Co Bond #5�021373 FXP 1-31-84 � 10222 - �;/31/84 N.W. Nat'1 Inc. Co. � � �I�� de^nd #XLI 904767 Exp. 1/31/�C�� UC Liq. Lia. City Ins. Co. _,,Q� �'�L 1 60 78 73 Exp. 1/31/85 C�`' #� �+/25/$�+ Public heaxing on request to tra.nsPer all licenses from 816-• Payne Avenue to 870 Payne Avenue Approved. 1/9/85 Liq. Lia. Columbia Casualty #CCP 1684043 Exp. �/31/86 1/30/85 Northwestern National Ins. Co. Bond ffXLI 904767 Exp. I/31/86 10-10-85 Liq Liab Columbia Cas #CCP1684043 EXP 1-31-86 1 � ` � PAGE20F2 �� y��. f > 870 Payne� -5 �101 �� ID#9501381 - ��5� :: Cusick's I a Reaney's Bar �� tertainment 16230 1-31-88 � ��yOR�� ff Sale Malt 16230 1-3 -8 s� �2 estaurant (B) 16230 1-3�-8� staurant(B) 16230 1-31-89 ff Sale Malt 16230 1-31-89 ff Sale Malt 16230 1-31-90 estaurant (6) 16230 1-31-90 87o Pa�yne e e � 55101� , �Caoll & Da i n, Inc. dba Zansa B�r �,ZC��S� . Off Sal.e Malt 18527 1-31-82 ��RZZ�' Cigarette 18528 3-31-81 S� �1 Cigarette 19905 3-31� � Knoll & Da is , Inc. dba Zansa Bar Off Sale Malt 1843 1-31-83 Kno.�.2 � av �an Inc dba Zanba Ban Obb Sa.�e Ma.�# 6343 1-31-�4 . Cusick's, nc dba Reaney's Bar Off Sale Malt No Trfr 1/31/85� Entertainment " " F�/31/85* *TRANSFERR rom 816 Payne Avenue C. F. # 84_53j' �+/25/84 3/27/89 I hereby certify tha t ese two pages are true and exact copies of the records of th L cense � Permit Division of the City of St. Paul for Cusick' , nc, dba Reaney's Bar at 870 Payne Avenue. VV�N'�M`r M� . .titivvv�^^^^^M^^^M N HORN � Z� �r-„ KRI�T!NA� MINt�ESOTA � ��,1�NOTARY PUBLIC— J t a en � ppKOTA COeN}an z 199� � ense•� Per7nit Division My Commission Exp „� d ss�nn^^^N`^^ . • `�.. �/�� 3�a � _ _ _ _ . , �_ r ~ J � � � � r � � � . � " a'� o � ` �{d � �� .� �._..� s:��i• �. CITY OF SAINT PAUL •~� ''� � 6 OFFICE OF THE CITY ATTORNEY � .� Eg � �l ��""�� w�ST�T� EDWARD P. STARR, CITY ATTORNEY � �� mi �.0 u '= %: ,:- '�`'''�,',��''��l` r7G�!}��i 647 City Hall, Saint Paul.Minnesota 55102 i 612-298-5121 GEORGE LATIMER � MAYOR RECEIVED February 3, 1989 APR 171989 CITY CLEkK Mr . Michael J. Reaney, Jr . NOTICE OF HEARING Cusick' s, Inc. — 870 Payne Avenue Saint Paul, Mn. 55101 RE: Reaney' s Bar , 870 Payne Ave ue Dear Mr. Reaney: This is to notify you that a h ar ng will be held concerning all the licenses held at the premi es stated above at the following time, date and place: Date: March 30, 19 9 Time: 9:�10 a.m. Room 15�3 Ci y all Annex 25 W. Fourth St eet, St. Paul , Mn . The judge will be an Administr ti e Law Judge from the State of Minnesota Office of Administrat v Hearings: Name: Jon L. Lu de Address : Fifth Flo r , Flour Excnange Building 314! Fourt A enue South Minneapol s , Mn. 55415 Telephone: 341=7645 The Council of the City of S i t Paul has the authority to provide for hearings concern ng licensed premises, and for adverse action against such 1 censes , under Chapter 310 , including sections 3101. 015 a d 31g. 06 , of the Saint Paul Legislative Code. In the case o licenses for intoxicating and non- intoxicating liquor , authori y is also conveyed by section 34PJA.415 of the Minnesota Stat te . Adverse action may include revocation, suspension, fines a d ther penalties or conditions. Evidence will be presented to t e 'udge which may lead to adverse action against all the licenses yo hold at the above premises as follows : t . On December 1 , 1988, a b rtender at Reaney' s Bar sold drinks for consum ption f the premises, a violation of the scope of the lic n ed establishm ent' s on sale license under section 4 9.P11 and 4019.P12 of the Saint Paul Legislative Code. 0 January 5, 1989, a bartender on the licensed prem s s sold beer to a minor in violation of Section 0 .08 (2) of the Code, and Minn. Stat. Sec. 340A.503, s b . 2 (1) . You have the right to be represen ed by an attorney before and during the hearing if you so c oose, or you can represent yourself. You may also have a pe son of your choice represent you, to the extent not prohibi e as unauthorized practice of law. The hearing will be conducted i a cordance with the requirem ents of sections 14.57 to 14. 62 of t e innesota Statutes, and such parts of the procedures under e tion 31�.05 of the Saint Paul Legislative Code as may be appl c le. At hearing , the Administrativ L w Judge will have all parties identify thenlselves for the re or . Then the City will present its witnesses and evidence, eac f whom the licensee or attorney may cross-exam ine. The 1 icens e may then of fer in rebuttal any witnesses or evidence it may i h to present, each of whom the City attorney may cross-exami e. The Administrative Law Judge may in addition hear relevant a d material testimony from persons not presented as witnesses who ha e a substantial interest in the outcom e of the proceeding; for e am ple, the owners or occupants of property located in close ro imity to the licensed premises may have substantial interes i the outcom e of the proceeding. Concluding arguments may be m d by the parties. Following the hearing, the Judge will prepa e indings of Fact, Conclusions of Law, and a specific recommend ti n for action to be taken. You should bring to the he ri g all documents , records and witnesses you will or may n ed to support your position. Subpoenas may be available to c pel the attendance of witnesses or the production of docume t in conformity with Minnesota Rules, part 14�0.7�100. If you think that this matter c n be resolved or settled without a formal hearing , please conta t or have your attorney contact the undersigned. If a stipul ti n or agreem�nt can be reached as to the facts , that stipu ation will be presented to the �r� �'-��,r R ,istrative Law Judge for i c rporation into his or her .ommendation for Council action. If you fail to appear at the hear 'ng the allegations against you / which have been stated earlier ' n his notice may be taken as true and your ability to challeng t em forfeited. If non-public data is received into evidence t the hearing, it may become / public unless objection is ma e and relief requested under Minnesota Statutes, section 14.6Q! ubdivision 2. Very truly yours, . F/ . PHILIP . BYRNE Assistant City Attorney (612) 298--5121 Atty. Reg . No . 13961 cc: Joseph F. Carchedi License Inspector Lt. Donald Winger Vice Unit Albert B. Olson City Clerk Paige Purcell Office of Administrative H arings n \ � � �