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89-846 WNITE - CITV CIERK COUf1C1I (/{�(/��/, �/(� PINK - FINANCE � G I TY OF S I T PA U L CANARV - DEPARTMENT Jt'�/'� O � Bt_UE -MAYOR . Flle NO• � � �� C�uncil e olution ,�. - a� Presented By �� _ Referred To Committee: Date Out of Committee By Date RESOLVED, that the on-sale l ' uor license held by Rafferty Inc. dba Kuby' s Place for the p e ises at 1141 Rice Street in Saint Paul is hereby suspended o one ( 1) day, commencing on the se.r.e�ttd Sunday following pu li ation of this resolution. �,(,c� r<.. This resolution is based n he record of the proceedings before the Administrative Law ud e, documents and exhibits intro- duced therein, the testimony o f ed by the licensee at the Council Hearing on May 4, 1989, and th eliberations of the Council in open session. The Council ado t the findings of fact and con- clusions of law of the Adrninis r tive Law Judge in his report dated April 18, 1989, a copy of which is attached hereto and made a part of this resolution. The foregoing action dep rt from the presumptive penal�ties in Section 409 . 26 of the St. a 1 Legislative Code for the specific reasons stated in the memoran u within in the Administrative Law Judge ' s Report dateG April 18, 989 . A copy of this resoluti n, as adopted, shall be sent by first class mail to the Adninistra iv Law Judge and to the licenseholder. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond t.o� � In F or Goswitz Rettman ��;�� A gai s t BY Sonnen V1r�son �Y 1 a Form Appro ed by City Attorney Adopted by Council: Date . Certified a- ed by Council Secre ary BY ' ��" By Approv by �Vlavor: Dat `�.- Approved by Mayor for Submission to Council � + BY � �� PUBIt� M AY 2 1 89 . �;��- ,�� ' o��nmrm¢Mn.p,�.T O`(�C��f� ?Ui, :`to��enu 9 ?,. (y� Np�,p /y�� :•%,,`N' W'1�••s�y). J��! � � ? i �,4�._- '.� �. � / .i��tF]�Y 4 � _�{/�/��...l..�:� „6�'4-��....� uu�ummu�� Y STA E F M I N N ESOTA � - ��../ OFFICE F A MINISTRATIVE HEARINGS ��t'��V�� FIFTH F OOR FLOUR EXCHANGE BUILDING qpR � g 1�9 10 F URTH AVENUE SOUTH MI NEA OLIS,MINNESOTA 55415 ��TY CL�I�K (612)341-7600 pr'1 18, 1989 Albert B. Olson, City Clerk St. Paul City Council 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of an All e Liquor License Violation by Rafferty, Inc., d/b/a Kuby's Place; 0 Docket No. 54-2101-3192-6 Dear Mr. Olson: Enclosed and served upon you y ail, please find the Findings of Fact, Conclusions and Recommendation of th Administrative Law Judge in the above-entitled matter. I also en lo e the official record, and I am closing our file in this matter. Yours very truly, .��'�`��°� � • ,�w� �,,,--.. STEPHEN D. SWANSON Administrative Law Judge Telephone: 612/341-7604 SDS:plp Enclosure cc: Philip B. Byrne Harold J. Rafferty, Jr. AN EQUAL PP RTUNITY EMPLOYER STATE OF MINNESOTA) 54-2101- 3192-6 )ss. COUNTY OF HENNEPIN) AFFIDAVIT S RVICE BY U.S. MAIL Paige L. Purcell , being first du y swor�, hereby deposes and says that on the 18th day of ��'ril � 1 89 at the City of Minneapolis, county and state aforementioned� she served he attached Findings of Fact, Conclusions and Recommendati n f the Administrative Law Judge by depositing in the United State m il at said City of Minneapolis, a true and correct copy thereof, properl e eloped, with first class postage prepaid, and addressed to the foll wi g individual/individuals. Philip B. B�rne Assistant City Attorney Office of the City Attorney 647 City Iiall St . Paul , Minnesota 55102 Harold J. Rafferty, Jr. Rafferty, Inc. 1141 Rice Street St. Paul , 1�4innesota 55117 Albert B. Olson City Clerk 386 City Hall St. Paul, hiinnesota 55102 Subscribed and sworn to bgfore me this 18th day of April � �ggg, UY� --� Notary Pub , Nor�uav�� tiENNEPIN COUN�TIIA 11Y COMYIBSION EXfMRiB Z?�O�i -.,-_...... . � . � �--�� 54-2101-3192-6 ��G��CJ ST TE OF MINNESOTA OFFICE Of= AD INISTRATIVE HEARINGS FOR THE CI1Y F ST. PAUL, MINNESOTA In the Matter of an Alleged FINDINGS 0� FACT, Liquor License Violation CONCLUSIONS AND by Rafferty, Inc. , d/b/a RECOMMENDATION Kuby's Place. The above-referenced matter am on for hearing before Stephen D. Swanson, Administrative Law Judge, Minnes ta Office of Administrative Hearings, on March 21 , 1989 at Rm. 1503, City Ha 1 Annex, 25 West Fourth Street, St. Paul , Minnesota, pursuant to a Notice f earing dated February 3, 1989. Philip B. Byrne, Assistant City Attorney, ff ce of the City Attorney, 647 City Hall , St. Paul , Minnesota 55102, appea ed on behalf of the City of St. Paul (City) . Harold J. Rafferty, Jr. , Raffert , nc. , 1141 Rice Street, St. Paul , Minnesota 55117, appeared on behalf of Raf er y, Inc. (Licensee) . The record in this matter closed on March 27, 1989, th date of receipt of a late-filed exhibit. This Report is a recommendat on not a final decision. The St. Paul City Council will make the final deci io after a review of the record which may adopt, reject or modify the Find ng of Fact, Conclusions, and Recommendation contained herein. Pursuant to M nn Stat. § 14.61 (1988) , the final decision of the Council shall not be made un il this Report has been made available to the parties to the proceeding fo a least ten days. An opportunity must be afforded to each party adversely af ected by this Report to file exceptions and to present argument to the C un il . The parties should contact Albert B. Olson, City Clerk, 386 City Hall S . Paul , Minnesota 55102, to ascertain the procedure for filing exceptions r resenting argument. ST TE ENT OF ISSUE The issue in this case is wh th r or not the St. Paul City Council should take adverse action against the iq or 'license held by the Licensee as a result of an alleged 1icense vio at on. Based upon all the proceedin s erein, the Administrative Law Judge makes the following: F ND NGS OF FAC"f 1 . Kuby's P1ace is owned b R fferty, Inc. ; Harold J. Rafferty, Jr. is the President of Rafferty, Inc. , an the stock of the corporation is owned by Harold J. and Shirley A. Raffert . ity Ex. 5. Mr. Rafferty has operated Kuby's Place for ten and one hal y ars. The Licensee holds a Class III on-sale liquor license and a cha it ble gambling license for Kuby's P1ace. The Licensee has not been previo sl cited for any gambling or liquor �license violations regarding Kuby's Plac . Mr. Rafferty holds another job, and works at Kuby's Place in the afternoon a d some evenings. 2. 7he St. Paul Police Dep rt ent prepared a letter, dated November 3, 1988, to liquor license holders. R s. Ex. 1 . The letter noted that various • forms of sports gambling, includ'ng "boards, wagers, lotteries, parlay cards, sports tip boards, tickets, etc. " re illegal "regardless if any profit is made." On or about November 3, 98 , the Licensee received a copy of this letter. Upon its receipt, Mr. R ff rty directed all employees of the Licensee to cease any gambling activities in Kuby's Place, other than licensed charitable gambling. Mr. Raffer y nd the Licensee's emp1oyees complied with the letter, and ceased any gambi ng activities previously sanctioned by the Licensee. 3. A tip board is a gambli g evice for making bets on sports events. A tip board generally contains 55 ea ed tickets bearing the same serial number. Each ticket contains tw n mbers, which are used to determine the winners by comparing the numbers to the scores of a sports event. One tipboard can be used for multipl s orts events. When a seller purchases a tipboard, the board is blank, an t e seller identifies the sports event or events prior to selling any tick ts Sometimes, the seller removes the tickets f rom the board and place t em in small envelopes, each envelope indicating the sports events inv lv d, the price of the ticket, and the amount of the payoffs. Winners redeem he r tickets with the seller, and are paid the prize amount previously iden if ed. A seller may price the tickets at an amount which allows for a profit af er all the winning tickets are redeemed. Tipboards are a common form of g mb ing in St. Paul . 4. Prior to the receipt of th St. Paul Police Department letter of November 3, 1988, the Licensee h d anctioned certain forms of gambling activities in Kuby's Place, in a di ion to licensed charitab1e gambling. Mr. Rafferty considered these forms f ambling to be promotional in nature, and therefore not illegal , because a 1 he proceeds from the bets were returned to the betting customers as prizes, an no profit was retained by the Licensee. "Promotional" gambling was commo i St. Paul on-sale liquor establishments prior to the Police Department 1 tt r. 5. Andrew Dembouski is an mployee of the Licensee; he works at Kuby's Place four nights per week, and ol s no other job. On January 17, 1989, Mr. Dembouski , while working as b rtender for the Licensee, sold a ticket from a tipboard in Kuby's Place o customer for $20. Mr. Dembouski was the seller of the tipboard, and the am s involved were the Super Bowl and a University of Minnesota men's ba ke all game. City Ex. 8, 8-1 . There were fifty five tickets on the tipboa d, he total amount of bets, at $20 per bet, would have been $1100, and the t tal payoff was $950, allowing for a potential profit to Mr. Dembouski of $150. M Dembouski was not selling the tipboard on behalf of the Licensee, and Mr. aff rty had no knowledge that Mr. Dembouski was selling the tipboard in Kuby's ace. Mr. Rafferty was not in Kuby's Place at the time of the sale. r. embouski was arrested on January 17, 1989, charged with two gambling iol tions, and released pending further investigation. Tipboard tickets nd cash were confiscated from Mr. Dembouski at the time of the arrest, and th t'ckets bore the same serial number as the ticket sold to the customer. Upo 1 arning of the sale, and Mr. Dembouski 's arrest, Mr. Rafferty chastised M . D mbouski and indicated that the future of Mr. Dembouski 's employment with t e icensee might, in part, depend upon the outcome of the present proceeding . 6. A Notice of Hearing was 'ss ed on February 3, 1989, and was served upon Rafferty, Inc. by mail . Cit E . 1 . That Notice stated that the hearing would be held on March 21 , 1989. -2- � Based Upon the foregoing Fin in s of Fact, the Administrative Law Judge makes the following: C NCLUSIONS 1 . The St. Paul City Counc 1 nd the Administrative Law Judge have authority to consider the issues ra sed in the Notice of Hearing and take adverse action against the liquo 1 cense held by the Licensee under Minn. Stat. §§ 340A.415 and 14.50 (198 ) , and Chapters 310 and 409 of the St. Paul Legislative Code (Leg. Code) . 2. The City has complied w th all substantive and procedural requirements of statute and rule go erning this matter, and the Notice of Hearing was proper and sufficien . 3. The City has the burden of proof to establish the liquor license violations for which adverse act on is proposed by a preponderance of the evidence. 4. Rafferty, Inc. (License ) s licensed by the City of St. Paul to sell intoxicating liquors at Kuby's P ac and is, therefore, required to comply with the provisions of Leg. Code C apters 310 and 409. 5. The City has proved by p eponderance of the evidence that on January 17, 1989, an employee of th Licensee made a bet, in Kuby's Place, in violation of Minn. Stat. §§ 609. 5, subd. 2 and 609.755 (1988) , and that, therefore, the Licensee violated Mi . Stat. § 340A.410, subd. 5(a) (1988) and Leg. Code § 409.08(6) . 6. Pursuant to Leg. Code § 409.26(b)(7), the presumptive penalty for illegal gambling on the licensed �re ises is three consecutive days suspension for the first violation. 7. Under Leg. Code § 409.26(a) , deviations from the presumptive penalties set forth in clause (b) ar appropriate if substantial and compelling reasons for doing so e is . 8. The Licensee has establi he substantial and compelling reasons for a downward departure from the presu pt ve three-day suspension prescribed by Leg. Code § 409.26(b)(7) . 9. The Licensee is responsi le for the illegal actions of its employees pursuant to Leg. Code §§ 409.08(5 a d 409.14. Based upon the foregoing Conc us ons, the Administrative Law Judge makes the following: R CO MENOATION IT IS HEREBY RECOMMENDED that th charge alleging a violation of the liquor laws on January 17, 1989 b A FIRMED, and that the Licensee's on-sale liquor license for Kuby's Place b s spended for a period of one day. Dated thi s �� "��day of Apri 1 , 198 . ,�'''� ,�- w o(.�.vo�� S EP EN D. SWANSON Administrative Law Judge 3- • ` � .��, �' l � NOTICE Pursuant to Minn. Stat. § 14 62 subd. 1 (1988) , the City Council is required to serve its final deci io upon each party and the Administrative Law Judge by first class mail . Reported: Taped Recorded (Tape os 7217 and 7216) . M MORANDUM The provisions of statute an o dinance applicable to the present case may be summarized as follows. Under Mi nesota law, it is a misdemeanor for any person to place a "bet, " which i d fined to be a "bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent up n hance although the chance is accompanied by some element of skill . " Minn. S at. §§ 609.75, subd. 2, 609.755 (1988) . Under Minnesota law, it is unlaw ul for any retail establishment licensed to sell alcoholic beverages to permit illegal gambling in the establishment. Minn. Stat. § 340A.410, subd. 5( ) ( 988) . With respect to unlicensed gambling activities, the St. Paul L islative Code provides in pertinent part as follows: No licensee shall keep, os ess or operate, or permit the keeping, possession or er tion of, on any licensed premises or in any room dj ining the licensed premises any slot machine, dice or an g mbling device or apparatus, nor permit any gambling ther in (whether or not licensed by the state) . . . . Leg. Code § 409.08(6) . The legislative code provides fur he that a Licensee is responsible for the conduct of his or her place of bu in ss, and that any act of an employee of the Licensee, in violation of the li ensing provisions, is deemed to be the act of the Licensee. Leg. Code § 4 9.08(5) , 409.14.� Pursuant to Minn. Stat. § 340A.415, a licensing aut or ty must suspend for up to 60 days, revoke, or impose a civil fine no t exceed $2000 "for each violation on a finding that the license or permi h lder has failed to comply with an applicable statute, rule, or ordi an e relating to alcoholic beverages. " To the same effect is Leg. Code § 40 .1 . If a Licensee violates any provisions of the liquor licensing ordinance or of state statute, the St. Paul City Council is authorized to take adv rs action against the Licensee. Leg. Code § 310.06(b)(6) . If the City deci es to take adverse action, the Licensee must be provided with notice of the al eg d violation(s) and a full hearing. Leg. Code § 310.05. Leg. Code § 409.2 (a states that the purpose of § 409.26 is to establish presumptive penaltie f r license violations; it provides further �As the provisions of Leg. Co e 310.17 were apparently not in effect on January 17, 1989, the Administ ati e Law Judge does not believe that they are applicable to the present proc ed'ng. City Ex. 2. 4— , ��— ��f� ' that the City Council may devia f om the presumptive penalties in an appropriate case "where the coun il finds and determines that there exist substantial and compelling reaso s aking it more appropriate to do so. " When deviating from the standards, "t e ouncil shall provide written reasons which specify why the penalty selected wa more appropriate." Pursuant to Leg. Code § 409.26(b)(7) , the presumed pen lt for illegal gambling on the licensed premises is three consecutive da s uspension for the first violation. The facts in this case are n t n dispute. Prior to receiving a letter from the St. Paul Police Departm nt in November, 1988, Mr. Rafferty had sanctioned certain forms of ille al gambling in Kuby's Place, in addition to licensed charitable gambling. H c nsidered the gambling to be promotional in nature, and therefore not illega , ecause all bets were returned to customers in the form of prizes, and no pr fi was retained by the Licensee. Such "promotional" gambling was appar nt y cotmnonplace in St. Paul on-sale liquor establishments, as evidenced by he fact that it was specifically addressed in the St. Paul Police Department 1 tt r. After receiving the letter, Mr. Rafferty decreed that all "p om tional" gambling activities cease. On January 17, 1989, Mr. Dembouski ng ged in an illegal gambling activity by selling a $20 per ticket tipboar w ile working as a bartender in Kuby's Place. Mr. Dembouski was acting on his own behalf, and without the knowledge of Mr. Rafferty, and he intended to retain the profit from the tipboard sale and not share that profit with t e icensee. Mr. Dembouski 's sale of the ipb ard constituted an illegal bet, in violation of the provisions of Mi n. Stat. §§ 609.75, subd. 2 and 609.755 (1988) . Because Mr. Dembouski en ag d in the illegal gambling activity in Kuby's Place while tending bar as an employee of the Licensee, that illegal act is deemed the responsibility f he Licensee pursuant to Leg. Code §§ 409.08(5) and 409.14, and plac s he Licensee in violation of Minn. Stat. § 340A.410, subd. 5(a) (1988) and Le . Code § 409.08(6) . Under the penalty grid set forth in Leg. Code § 409 26 b)(7) , the presumptive penalty for illegal gambling on a licensed pr mi es is three consecutive days suspension for the first violation. However b cause Mr. Rafferty took prompt action to terminate "promotional" gambling ct vities upon receipt of the St. Paul Police Department letter, because Mr Rafferty had no knowledge of and did not sanction Mr. Dembouski 's sale of he tipboard on January 17, 1989, and because the Licensee has an unblemished r eo d, the Administrative Law Judge recommends a departure downward f om the presumptive three-day suspension to a one-day suspension. .D.S. 5- � �. ,�r�-d�f t�IIl �....... . s��** �., ? ,` , CITY OF SAINT PAUL �,~ � '�9` '1`� s OFFICE OF 7HE CITY ATfORNEY ;� iiii�i ii ii �_ ,, EDWARD P. STARR, CITY ATTORNEY ,, ; `��^,��.��''�� 647 City Hall, Saint Paul, Min�esota 55102 612-298-5121- GEORGE LATIMER MAYOR Apr i 1 19, 19 8 9 FtECEIVED Mr . Harold J. Rafferty, Jr . APR 20�9v9 Rafferty, Inc. dba Kuby' s P1 ce CITY CLERK 1141 Rice Street St. Paul, Mn. 55117 RE: Kuby' s Place Dear Mr. Rafferty: Please take notice that a hearing on the report of the Administrative Law Judge c ncerning the above=mentioned establishment has been sch du ed for 9: 0f� o'clock a.m., May 4, 1989, in the City Council Ch m ers, Third Floor, Saint Paul City Hall and Ram sey County Court ou e. You have the opportunity to fi e excentions to the report with the City Clerk at any time u ing normal business hours. You ''� may also present oral or wri t n argument to the Council at the hearing. No new evidence wi 1 e received or testimony taken at this hearinq. The Council w ' 1 base its decision on the record of the proceedings before the A ministrative Law Judge and on the arguments made and excepti ns filed , but may depart from the - recomm endations of such Judg a permitted by law in the exercise � of its judgment and discretio . Sincerely, PHILIP B. BYRNE Assistant City Attorney cc: Joseph F. Carchedi License Inspector Lt. Donald S. Winger Vice Unit Albert B. Olson City Clerk ��rY �x 1 . , � - ,�� - ,�� o� r �( a �b� _ ,� a _ � � ;�°'T' �-, , J —T ' CITY OF SAINT PAUL ''� OFFICE OF THE CITY ATTORNEY o ,� �� ;� iiii�i�ii i �= ^. EDWARD P. STARR, CITY ATTORNEY ,, - �''�»�,a'„��`'�� City Nall, Saint Paul, Minnesota 55102 �� 612-298-512'I GEORGE LATIMER �, ��" � '�V MAYOR i .,,,� ,�� s � �AR`�� February 3, 1989 � Mr . Harold J. Rafferty, Jr . NOTICE OF HEARING Rafferty, Inc. dba Kuby' s P1 ce 1141 Rice Street St. Paul , Mn. 55117 RE: Kuby' s Place, 1141 Rice tr et Dear Mr. Rafferty: This is to notify you that a h aring will be held concerning all the 1 icenses held at the pre i es stated above at the following tim e, datz and place: Date: March 21, 19 9 Time: 2:Qlfd p.m. Room 15�13 Ci y Hall Annex 25 W. Fou th Street, St. Paul , Mn . The judge will be an Admini tr tive Law Judge from the State of Minnesota Office of Administ at ve Hearings: Name: Stephe D Swanson Address: Fifth lo r, Flour Exchange Building 310 Fo t Avenue South Minnea ol s, Mn. 55415 Telephone: 341=7604 The Council of the City o aint Paul has the authority to provide for hearings conce n ng licensed premises, and for adverse action against su h licenses , under Chapter 3101 , including sections 31P1. 05 and 310. 06 , of the Saint Paul Leg islative Code. In the c se of 1 icenses for intox icating and non= intoxicating liquor , au hority is also conveyed by section 340A.415 of the Minnesota St t tes. Adverse action may include revocation, suspension, fines a d other penalties or conditions. Evidence will be presented to t e judge which m ay lead to adverse action against all the licen es you hold at the above premises as follows : . ' . °-r On January 17, 1 89, a bartender employed by the licensee engaged in u lawful gambling activities on the licensed premises n violation of section 409.08 (6) of the Saint Paul Le i lative Code, by selling sports tipboard tickets. You have the right to be re re ented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also hav a person of your choice represent you, to the extent not proh bi ed as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of t e Minnesota Statutes, and such parts of the procedures und r ection 310.Q15 of the Saint Paul Legislative Code as may be ap 1 cable. At hearing , the Administrative Law Judge will have all parties identify themselves for the ec rd. Then the City will present its witnesses and evidence, e c of whom the licensee or attorney may cross-exam ine. The 1 ice se may then of fer in rebu;tal any witnesses or evidence it ma w sh to present , each of whom the City attorney may cross=exam 'n . The Administrative Law Judge may in addition hear relevant an �naterial testimony from persons not presented as witnesses wh h ve a substantial interest in the outcome of the proceeding; f r xample, the owners or occupants of property located in close pr ximity to the licensed premises may have substantial interes n the outcom e of the proceeding. Concluding arguments may be ad by the parties. Following the hearing, the Judge will prepa e Findings of Fact, Conclusions of Law, and a specific recomm end ti n for action to be taken. You should bring to the he ring all docum ents, 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�J�J.7�00. If you think that this matt�r c be resolved or settled without a formal hearing , please con act or have your attorney contact the undersigned. If a stipula i n or agreem ent can be reached as to the facts , that stipul t ' on will be presented to the Administrative Law Judge f r incorporation into his or her recommendation for Council ac io . � • 'y ^ �_ . . �'�' � �f - If you fail to appear at the e ring, the allegations against you which have been stated earl e in this notice may be taken as true and your ability to chal e ge them forfeited. If non-public data is received into evide c at the hearing, it may become public unless objection is m de and relief requested under Minnesota Statutes, section 4. 0, subdivision 2. Very truly yours, . �. 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 He rings 4 � : l . 9 � ki9 �; s � � v �t � ' E � � ., -� ( � bD � � � I �� b •r-I �--I I � '� � � N f� t �� $�� x � � ' v ao _ -.' � � � •� � � .� � cz � +.� ,.� � a. �., ` �s � ,� u, ; ,�� 5C a-, �n W � I �'� � O •r-I �-+ t/� • � � � � � �� ' N � � N v� U ^ � •rl � O O � O � a o ,.� a �� N UG4 �1' N � Gi•r-I .�''.i •rl 4-I .� O � c� 4�-I � r—I •r-I Q. O �nM � I N � � � � i �A h3 � } O w '^ Z � c c � � H H Q � � � H a � U � w `� = N H — LL � � _ W y.�'i U U � ^ � � 0 � e'`pi P,�f�C } � F a J� 6 n'`o o v yB,JS : � C'�C�i,� �X 2 �'�- �� '==��' §310.01 •�-�-=�;z�`�> LICENSES ::�:� •,•i ,•Y- �:,�±:T SUBTITLE A. IN GENE1fiAL Legislatiue Code Chapter 310. Uniform License Proc du es 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 c ap er of Distributing 316 the Legislative Code pertaining to license as ere- Amusement Rides 317 inafter mentioned, and subsequently ena ted ordi- Mechanical Amusement Devices 318 nances establishing or relating to the req ire ents Bill Posters 319 for Class I, Class II and Class III licen es nder Bituminous Contractors 320 authority of the City of Saint Paul, t e rms Boarding and Roominghouses; defined in this section shall have the ea ings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 � Christmas�ee Sales 323 Adverse action means the revocation r s pen- Cigarettes 324 sion of a license, the imposition of condi ons upon '� Close-Out Sales 325 a license,the denial of an application for he ant, guilding Contractors 326 issuance, renewal or transfer of a lic ns and Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable ac ion aken plants;Laundries 327 with respect to a license, licensee or ap lic t for Electrical and Appliance Repair 328 ,_�:�-�,;,. a license. . Fire Alarm—Telephone Devices; :�::t..,; ,<:. "�=:"'`�'�' Apparatus Installers 329 y"-'�''`"� Bond means a bond meeting the req ire ents • �`•'^"�"' Florists 330 of Section 310.07 and indemnifying t e ity of Food License 331 Saint Paul against all claims,judgme s o suits Fuel Dealers—Liquid Fuel 332 caused by, resulting from or in conne tio with Fuel Dealers—Solid Fuel 333 ' any licensed business, activity, premi es, hing, Fumigating—Pest Control 334 facility, occurrence or otherwise u er these Gasoline Filling Stations 335 chapters. Private Fuel Pumps 336 Building offcial means the supervi or f code Hardware Stores 337 enforcement in the department of c m unity House Sewer Contractors 338 services. Ice Cream Processing and Distrib- - uting 339 Chapters and these chapters shall e n this Mercantile Broker 340 Uniform License Ordinance, any cha ter of the Milk 341 Legislative Code pertaining to licens s a here- Oil—Bulk Storage 342 inafter mentioned, and subsequently e act d ordi- Opticians 343 ` nances establishing or relating to the re uir ments Pawn Shops 344 for Class I, Class II and Class III lice se under Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licenses means those license w ch can Radio and Television Repairs 348 be approved and issued or denied by he inspec- Rental of Clothing 349 tor, subject to the procedures requir d b these Rental of Hospital Equipment 350 chapters. The following licenses are s cl ssified, Rental of Kitchenware 351 .7 ; and the numbers shown opposite the co espond Rental of Trailers 352 .,t:::.,,;. �•;'.�`��M: to the chapters in the Legislative Cod pe aining Roller Rinks 353 .�.�l:::c=:r;: �`,•:":�=`'-<- to each license: Sanitary Disposal 354 `�_;�, Supp.No.4 ' 202? . . � ��- ��,,� $310.01 LEGIS T CODE f` `°��'=''' ,.•-;--: „ . Legislative Legislatiue Code Code Class I Licenses Chapter Class III Licenses Chapter Secondhand Dealers 355 Auctioneers 400 , Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 -- Public Swimming Pools 360 Game Rooms 406 Tow�ucks—Service Vehicles 361 Hotel 407 �ee'I�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 417 Finishing Shop 371 Taxicabs 418 -_ ;�-, Tire Recapping Plants 372 Gambling License 419 - � Transient Merchants 373 Class II licenses means those licenses whic Director means the director of the department - must be approved or denied by the director, su of finance and management services, unless oth- ject to the procedures required by these chapter erwise defined in the specific chapter, section or The following licenses are so classified, and th subdivision referred to. numbers shown opposite them correspond to th Division means the division of license and per- chapters in the Legislative Code pertaining t 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 402.0 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 410.1 Person means and includes any person, firm, - Temporary Wine and Liquor Section 409.2 corporation, partnership, company, organization, Class III licenses means those licenses whic agency, club or any group or association thereof. can be approved or denied only by the counci It shall also include any executor, administrator, subject to the procedures required by these cha trustee,receiver or other representative appointed ters. The following licenses are so classified, an by law. � the numbers shown opposite them correspond t Zoning administrator means the supervisor of the chapters in the Legislative Code pertaining t code enforcement in the department of commu- each license: , , . �`;�.. :�: ;:� Supp.No.4 �2 28 - �;,::��,;_;�,. LICENSES §310.02 nity services, or the official charged with esp n- 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, 1 -29 85; in subsection (1) above, the license may be re- Ord. No. 17569, § 1, 6-7-88) . voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- (a) Form. All applicants for licenses or er its ted by each applicant in his application, in addi- issued pursuant to these chapters shall m e b th tion to that required by specific sections in these original and renewal applications to the in pe r chapters, as may be necessary to carry out and on such forms as are provided by the d visi n. enforce any provision hereunder. He shall require Such applications shall not be received y he in every case the applicant to submit his name; inspector until completely filled out, acco p ed business or�corporate name; names of partners, by all fees, insurance policies, bonds, po its, officers,directors,shareholders or trustees involved sureties, and indemnifications or certifi te re- in the business; age; address; description or blue- quired by these chapters, together with t e c rti- print of the premises,if any,and the owner thereof, fication required in paragraph(b)below. and locations and addresses of other business lo- _ cations in Minnesota. (b) Taxes. No person shall be granted a lice se, � a renewal of a license or transfer of a lic nse (d) No reapplication within one year after de- required by the Saint Paul Legislative ode un- nial or revocation. No person may apply for any less, prior to and in addition to any other req ire- license within one year of the denial or revoca- ments,rules or ordinances heretofore or re ter tion of the same or similar license by the city - = required,the Ramsey County Departmen of op- council, if such denial or revocation was based � erty Taxation certifies that said appli nt has solely or partially upon misconduct or unfitness •� paid any and all taxes, real or persona , b fore of the applicant, evidence of violations of law in- said taxes become delinquent, on any rop rty, volving licensed premises, evidence that the ap- real or personal,situated within the Cit of aint plicant had been involved in the operation of a Paul and used in connection with the us' ess 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 para ph the transfer a license to the applicant. A license is council, the director or the inspector m y i sue, "similar," within the meaning of this paragraph, renew or transfer a license if it is found hat 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 agree en sat- relevant basis on which to deny or revoke a li- isfactory to the Ramsey County at or y to cense of the type subsequently applied for. pay delinquent taxes in periodic ins 1 ents; (e) Reapplication after denial; "interest" of ap- (2) The applicant has properly com en ed a plicant in revoked license. An application by a _ proceeding to contest the amou t o tax person having an interest in,or whose sharehold- due or the valuation of his prop rty and ers or officers have an interest in, any premises has made all partial payments re uir d by or enterprise whose license has been revoked or law in connection with such proc edi g; or to which a license has been denied shall be treated (3) The business property with respec to hich as an application by the person whose license was taxes are delinquent is not own d the denied or revoked. The term "interest," as used applicant, but by a lessor, and it wo ld be in this paragraph, includes any pecuniary int.er- inequitable to require the lessee t pa such est in the ownership, operation, management or taxes. profits of an establishment, but does not includ�: t� '- ,`•� - Supp.No.4 2029 . ,` ' �-�-/�- �!�/ � �310.0'l LEGISL TN CODE - bona fide loans; bona fide rental agreements;bona priate, the assistance of other city divisions or fide open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- , ing merchandise, fixtures or supplies to such es- ble ordinances and statutes. The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for or operating a hotel but having at least one hun- issuance of a license unless otherwise required by dred fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the (g) Waiting period af'ter fling of petition. Any building official for investigation and recom- petition i•equired to be filed with the application mendation. for any license shall not be considered as offic- �Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially �led and irrevocable until seven(7)working days af'ter a petition is received in the inspector's Sec. 310.04. Levels of approval;recommenda- office. During the seven-day waiting period, any tions. signatvr of any petition may withdraw his name _ therefrom by written reyuest, and such reques �a) Class I licenses. Where an application for the grant,issuance,renewal or transfer of a Class shall be appended to the subject petition and mad I license meets all the requirements of law, and a part thereof. After the seven-day waiting peri there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it i suspension of,or the imposition of conditions upon, shown they were obtained by fraud or duress such license,the inspector shall grant,issue,renew Signa�ures withdrawn or obtained by fraud o or transfer said license in accordance with the duress shall not be counted in determining th application. sufficiency of the petition. This subdivision shal apply in any case where the applicant for a li (b) Class II licenses. Where an application for cense or license transfer must present a state' the grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number o II license meets all the requirements of law, and ' percentage of persons that they have given thei there exists no ground for denial, revocation or consent to the grant of the license or license transfe suspension of,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of ne in accordance with the application. - applications,etc. ` (c) Class I and Class II licenses, if denied by The inspector shall determine the sufficienc inspector or director. In the event the inspector, and accuracy of each new application and obtai in the case of Class I licenses, or the director, in such criminal history information as may be use the case of Class II licenses, determines that the under Minnesota Statutes, Chapter 364, and i application for grant, issuance, renewal or trans- otherwise available by law. The inspector sha fer of the license does not meet all the require- make reasonable and appropriate investigatio ments of law or that there exist grounds for deni- of the premises or personal property, vehicles o al,revocation, suspension or other adverse action facilities, as may be involved in or related to th against the license or the licensee, the inspector - ]icensed activity, and shall request, where appr - or director shall recommend denial of the applica- ' '`, Supp.No.4 �-� 2 0 f':�"'�, LICENSES §310.05 y-:;�=; tion and follow the procedures for notice an he - 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 f lly the issuance�of the license. completed application and required fees for Cl s �Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; _ Ord. No. 17551, § 1,4-19-88) III license, and after the investigation re ui d, � the inspector shall notify the council. A pu lic hearing shall be held by the council's co mit ee �c. 310.05. Hearing procedures. designated to hear license matters on the gr t, (a) Aduerse action; notice and hearing require- issuance or transfer of all Class III licens s. he ments. In any case where the council may or in- council's committee designated to hear lice t- tends to consider any adverse action, including ters may hold a hearing on the renewal of y the revocation or suspension of a license, the im- Class III license. In any case where the in pec or position of conditions upon a license,or the denial recommends denial of the grant,issuance,r ne al of an application for the grant, issuance,renewal or transfer of a Class III license, or wh re e or transfer of a license the a licant or licensee council's committee designated to hear lice t- ' pp shall be given notice and an opportunity to be ters believes that evidence might be rece ed at heard as provided herein. The council may con- the public hearing which might result in act n sider such adverse actions when recommended by adverse to the application, the inspector o co n- the inspector, by the director, by the director of cil's committee designated to hear licens t- �y executive department established pursuant ters shall follow the procedures for noti e 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) Notice. 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' n council shall in writing notify the applicant or direct that the inspector issue said licens in c- licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled to a hearing before the council. The notice shall (e) Appeal; Class I or Class II licenses. n p- be served or mailed a reasonable time before the peal to the city council may be taken a y hearing date, and shall state the place, date and person aggrieved by the grant, issuance, r e 1 time of the hearing. The notice shall state the or transfer of a Class I or Class II license; ro d- issues involved or grounds upon which the ad- ed,however,that the appeal shall have bee fil d verse action may be sought or based. The council with the city clerk within thirty (30) day r may request that such written notice be prepared ' the action by the license inspector or di ect r. and served or mailed by the inspector or by the The only grounds for appeal shall be tha th e has been an error of law in the grant, iss an e, city attorney. renewal or transfer of the license. The pp 1 (c) Hearing. Where the cause for the adverse shall be in writing and shall set forth in p i - hearing is based upon a violation of law and there _ lar the alleged errors of law. The counci sh 11 is no dispute as to the facts underlying the viola- _ conduct a hearing on the appeal within th' y( 0) tion, the hearing shall be held by the council's days of the date of filing and shall noti y t e committee designated to hear license matters. Oth- licensee and the appellant at least ten (1 d s erwise the hearing shall be conducted before a prior to the hearing date.The procedures se fo h hearing examiner appointed by the council for in Section 310.05, insofar as is practicable sh 11 that purpose. The applicant or the licensee shall apply to this hearing. Following the heari g, t e be provided an opportunity to present evidence council may �rm or remand the matter o t e and argument as well as meet adverse testimony inspector or director,or may reverse or pla e c - or evidence by reasonable cross-examination and ditions upon the license based on the co nci 's rebuttal evidence. The committee or hearing ex- ._v..";'.:.:: Supp.No.4 2031 � � � �� §310.05 LEG LA E CODE ��"'`�� ;:;�<;?::�. aminer may in its discretion permit other int - (fl Council action; resolution to contain findings. ested persons the opportunity to present testimo y Where the council takes adverse action with re- or evidence or otherwise participate in such hearin . spect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The heari g cense,the resolution by which such action is taken _ examiner shall hear all evidence as may be p _ shall contain its findings and determination, in- sented on behalf of the city and the applicant r cluding the imposition of conditions, if any. licensee, and shall present to the council writt n (g) Additional procedures where required Where findings of fact and conclusions of law toget r the provisions of any statute or ordinance require with a recommendation for adverse action. additional notice or hearing procedures, such pra The council shall consider the evidence con ' d visions shall be complied with and shall super- in the record, the hearing examiner's recommen sede inconsistent provisions of these chapters.This findings of fact and conclusions, and shall ot shall include,without limitation by reason of this consider any factual testimony not previously s b- specific reference, Minnesota Statutes, Chapter mitted to and considered by the hearing exam n- 364, and Minnesota Statutes,Section 340A.415. er. The council at a public hearing shall prov e (h) Discretion to hear notwithstanding withdrawal the applicant or licensee an opportunity to pres nt or surrender of applieation or license. The council oral or written arguments alleging error on e may, at its discretion, conduct a hearing regard- part of the examiner in the application of the 1 w �g revocation or denial of a license notwithstand- or interpretation of the facts, and to present s- ing that the applicant or licensee has attempted timony related to the recommended adverse c- or purported to withdraw or surrender said license tion. Upon conclusion of the hearing, and er or application, if the attempted withdrawal or considering the record, the examiner's �ndi gs surrender took place after the applicant,or licen- and recommendations together with such additio see had been notified of the hearing and potential _ arguments and testimony presented at the h r- adverse action. _`-_ ing, the council shall determine what, if any, d- verse action shall be taken,which action shal be (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, rejec or pose of considering revocation or suspension of a modify the recommendations of the hearing x- 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 as the request of the licensee, license applicant, an been schedule for an adverse hearing, council m m- interested person or an attorney representing the bers shall not discuss the license matter ith foregoing, only as provided herein: each other or with any of the parties or intere ed ' persons involved in the matter unless such is- (1) Where the request is made at least twenty- cussion occurs on the public record during the four(24)hours prior to the scheduIed hear- public hearings of the matter or during the c un- � 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 represen ed request. The licensee or applicant may represent hi elf 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) Recorc� evidence. The council shall rec ive the scheduled hearing, the council may con- and keep a record of such proceedings, inclu ing tinue the hearing upon a showing of good testimony and exhibits, and shall receive and 've cause by the party making the request. weight to evidence, including hearsay evide ce, which possesses probati��e value commonly acce te (3) Where the request is made on the day said by reasonable and prudent persons in the con uc hearing is scheduled, the council may grant of their affairs. a continuance on the condition that the _ t:: �. Supp.No.4 �-`'"�: 2032 ='�-�'� ICENSES §310.07 :;�: party requesting the continuance p y t (7) The activities of the licensee in the licensed the City of Saint Paul the city's actual cos activity create or have created a serious for the court reporter and witnesses wh danger to the public health, safety or wel- appeared for the hearing, or one hu dre fare, or the licensee performs or has per- _, dollars($100.00),whichever is the les'er. formed his work or activity in an unsafe (Code 1956, § 510.05; Ord. No. 17551, § 2,4- 9-8 ; 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 ers under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take aduerse action. The ou - (9) The licensee or applicant has shown by past cil is authorized to take adverse action a in 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. Suc that such licensee or applicant is not a per- ' actions shall be initiated and carried out a - son of the good moral character or fitness cordance with the procedures outlined in S ctio 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. 310.0?. 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 eh f and maintenance of insurance policies, deposits, made oral or written misstatements o m' - 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 certif'ications. No (3) The license was issued in violation f a licensee may continue to operate or perform the of the provisions of the Saint Paul Z ni g 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 der a chapters, and shall not be entitled to assert the material mistake of fact. acts or omissions of agents, brokers, amployees, attorneys or any other persons as a defense or (5) The licensee or applicant has failed t ' co - justification for failure to comply with such filing - ply with any condition set forth in he i- and maintenance requirements. In the event the � cense, or set forth in the resolution a - 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 violat a y of the provisions of these chapters, or f any statute, ordinance or regulatio re - sonably related to the licensed activi y, gardless of whether criminal charge ha e or have not been brought in conn cti n - therewith. `.'.:.:; ..,_ ��' Supp.No.4 2os2.1 ��"��-h _ LICENSES 3 310.09 the license is automatically reinstated on t'e s e (d) Expiration date to be concurrent with term terms and conditions, and for the same p rio as of license or per�rci� The expiration date of all originally issued. After thirty (30) days, the ap- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of hi lic se 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 bo ds ur.- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall e 't- (a) All licenses or permits shall be valid for a ten by surety companies authoriz d t do period of one year from the date of issuance by business in the State of Minnesota A1 in- the inspector, except as otherwise provided herein surance policies required by these ap ers or in these chapters or in cases of revocation, shall be written by insurance co pa ies suspension or termination under Section 310.06. authorized to do business in the tat 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 fil d ith spector on or before the expiration date the ap- the City of Saint Paul in connecti n ith � propriate license application, license fees, insur- the issuance of licenses for whate er ur- ance and bonds. The inspector shall process the pose, and all policies of insurance qu ed renewal application in the manner provided for to be filed with or by the City of Sa' t aul in this Code. in connection with the issuance of ice ses _ for any purpose whatsoever, shall irs be (c) Whenever any licensee is the holder of the approved as to form by the city att rne , two(2) or more licenses of the City of Saint Paul which expire on different dates, the inspector is - (3) Uniform Endorsement: Each insur ce ol- authorized, at the request of the licensee, to de- icy required to be filed pursuant t ese termine a uniform date for the expiration of all or chapters shall contain the endorse en set any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Pa L 's- 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 th c ap- heretofore or hereafter enacted. The provisions ters shall be conditioned that the ice see hereof shall govern the issuance of any new li- shall observe all ordinances and aw in cense to one already holding a license. relation to the licensed activity, b sin ss, � premises or facilities and that he s 'all on- �d) In order to conform to the foregoing provi- duct all such activities or business in on- sions, new licenses may be issued for a term of formity therewith. Such bonds sh 11 lso less than one year, and the license fee therefor indemnify the City of Saint Paul ga nst shall be prorated for the period of issuance. all claims, judgments or suits ca ed by, �Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) _ resulting from or in connection 'th he $�c. 310.09. Fees. � licensed business, premises, activit , th ng, facility, occurrence or otherwise 'ce ed �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 qu ed Code, each applicant shall pay, at the time by city. Termination of bonds and insur nce re- of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant o t se cessing charge for each and every applica- chapters shall be in accordance with the eq e- tion for a license or permit to be issued by � ' ments of Chapter 8 of the Saint Paul Le sla ive the inspector, director or council of the City Code. of Saint Paul. • 2033 §310.09 LEGIS T E CODE �<;;,";�,:�; �: _ (2) Refunds: Said two dollar fifty cent ($2.50 met when the license has lapsed by reason of processing charge shall not, under any cir expiration. cumstances,be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee schedul� The council may by ordinanc �c. 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�seruice charg� 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 schedul , withdrawn or denied, the inspector shall refund shall be reasonably related to the costs of admi - 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 admini - in processing the application in the amount of tration shall mean and include,but without lim - twenty-five(25)percent of the annual license fee. tation by this specification, both direct and ind - �� Limitation on refunc� other cczses In all other rect costs and expenses, such as salaries, wage , cases as provided in paragraph (c), the inspector benefits and all personnel costs including trai - may'refund not to exceed one hundred dollars ing, seminars and schooling, expenses of invest - gations and inspections, handling of inquiries a ($100.00) of fees received in connection with any requests for assistance, telephone and commu _ license, permit or application therefor; provided, cations, stationery, postage, paper, reproductio , that he certify in writing that the amount of the office capital equipment and all office supplie , refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance a d sonable costs of administration incurred up to - _- _ posted in the office of the inspector shall supe - that time in connection with said license, permit sede inconsistent fee provisions in these chapte s or application. The director may refund not to -_� or in other ordinances or laws. exceed two hundred fifty dollars($250.00)of such fees upon a like certification by the inspector. (c) Fee for one year; may be prorated Unle s The council may by resolution authorize all re- � otherwise spec�cally provided,the license fee sta funds upon a like certification by the inspector. is for a period of one year. Such fee may be p - (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of 1 s (b)may be made to the licensee or his estate: than a year. (1) Where the place of business of the licensee (d) Late fe� Unless otherwise specifically p o- or his principal equipment is destroyed or " vided by the particular licensing provisions so damaged by fire or any other cause that volved, an applicant for the renewal of a lice e the licensee ceases for the remainder of the who makes application for such renewal after t e licensed period to engage in the licensed � expiration date of such license shall be charge a activity or business; late fee for each such license.The late fee shall e �2) Where the business or licensed activity ceases � -- in addition to any other fee or payment requir d, by reason of the death or illness of the and shall be ten(10)percent of the annual lice se 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 e i- ration date of such license. The late fee shall ot (3) Where it has become unlawful for the li- exceed fifty(50)percent of the annual license e. censee to continue in the business or licensed If any provision of these chapters imposes m re activity other than by revocation, suspen- stringent or additional requirements for the is u- sion,denial or any criminal activity on the ance of an original license than would be the c se part of the licensee. for mere renewal, those requirements must be (Code 1956, as amended, § 510.10) ;': `- �;�`.:.;y 034 . . , ,. ..,.: .._. . ., __,. __ __ . .. , ._ � r�- - � , - „�:. . .�- � �_ ��.� �--.. - LICENSES §310.11 Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a privilege, not property. A1 lic n- any transfer of license is made effective by the ses or permits issued by the City of Sai P ul action of approving the transfer. pursuant to these chapters or other ordina ce or (� Transfer; definition. "Transfer," as used in laws confer a privilege on the licensee to ng ge these chapters, shall include a transfer from per- in the activity or occupation so licensed, nd do son to person,or from place to place,or a transfer not constitute property or property rights or e- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No ch li- interests in a partnership or other legal entity. cense or permit may be seized, levied u n, t- «�ansfer," as used in these chapters, shall not tached,executed upon,assessed or in any an er include the instance where a license is held by an taken for the purpose of satisfaction of a y d bt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. A1 lic n- which the majority of the stock is held by said ses issued by the City of Saint Paul shall b tra - individual or by the members of said partnership. ferable unless the speci�c chapter of th Sa nt (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each pec ic cation. In the case of a transfer from person to license shall specifically prohibit the tra fer of � person, the application for transfer shall be ac- such license. No transfer of any Class III ice se companied by a written assignment of all rights issued by the City of Saint Paul shall be e ect e of the original licensee in and to the license and until the council of the City of Saint P 1 as Shall be accompanied by a surety bond in amount approved the transfer following a public ar g and in form required of an original licensee. by the council's committee designated to ear li- - cense matters and a resolution approvi g s id (h) Public corporations. Notwithstanding other ,_: transfer is passed, approved and publishe . B th provisions of this chapter, publicly owned corpo- the transferor and transferee shall make pli a- rations whose stock is traded in the open market tion for transfer of a license on such forms s y may comply with the transfer requirements per- be prescribed by the division, and in acco da ce 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 transf r o a and addresses of all stockholders of record upon license from a present licensee to any oth r p r_ each renewal of the license. son, there shall be a tax on said transfer in e (i) A�dauit of transferor. No license transfer amount of twenty-five (25) percent of the nn al shall be effective unless the transferor submits . license fee charged for said license, said t to e an affidavit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer ta� deposit retained or re urn d (1) That in the case of Class III licenses, the Whenever an application is made for trans er a transferor-affiant has posted notice to all license, the amount as set out in paragr ph (c) employees in a conspicuous place on the _ shall be deposited with said application. If 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 tra sfe is transfer of the license to be held before the denied,the amount deposited shall be ret ne to Saint Paul City Council; the party depositing the same,in accordan e w th (2) That said notice specified in subparagraph the requirements and conditions in Section 10. 0. (1) above was posted continuously for four- (e) Transfer tarx; exception. Paragraphs c) d teen(14)days; (d)shall not apply in any case when,by th ter s (3) That transferor has paid all wages due and of these chapters, payment of the full an ual li- owing the persons employed by the trans- censee fee or a prorated yearly annual lice se ee feror or that an agreement has been reached _.._ Supp.No.4 2035 . /i� �'.��i:�. $310.11 LEGIS T E 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; No. 17551, § 3,4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. � by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any � pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health officer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (Code 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) absence of this paragraph, the authorized repre- - sentative of the estate of the deceased licensee �c. 310.14. Savings clause. - may consent to and seek to transfer said license -�_�� to the surviving spouse of the licensee.The trans- �a) If any provision in�these chapters is held fer shall be subject to all applicable requirements unconstitutional or invalid by a court of compe- of these chapters and existing law. tent jurisdiction, the invalidity shall extend only to the provision involved and the remainder of (k) No approual under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any �� The repeal of any ordinance by ihis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not nance) shall not affect or impair any act done, ' limited to, pension, hospitalization, medical and any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- ing or prosecution had or commenced in any mat- grams; provided, that any person or organization ter,prior to the date this ordinance became effec- objecting to a transfer because of failure to pay tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs shall shall remain in full force and effect to all intents - file a written notice of objection with the license and purposes as if the repealed ordinances had inspector seven (7) days prior to the scheduled themselves remained in force and effect. Every public hearing on the transfer, and said notice such suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- tinued after repeal as though the repealed ordi- tor's claim. nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is prosecution which is based upon an act done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent to license,handle all said licenses as Class III licenses. repeal of the repealed ordinances,shall be brought _ , .��. ;-;`:;:;. Supp.No.4 20 . . .� � �y, �� .-_--,.� • LICENSES $310.15 4:w-';'='s? . +s,.:, - ^'Y' pursuant to and under the provisions of uc re- pealed ordinances as though they contin ed be in full force and effect. (Code 1956, § 510.14) — Sec. 310.15. Penalty. Any person who violates any provision of t ese chapters, or other ordinances or laws re ti to licensing, or who aids, advises, hires, co nse s or ::s;�;: :•, �� Supp.No.4 20361 �1\� LICENSES 4 318.01 � conspires with or otherwise procures an the to $ec. 316.02. Fee. violate any provision of these chapters o er ordinances or laws relating to licensing i gu lty The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentence in ac- (Code 1956, § 384.02) cordance with Section 1.05 of the Saint P ul eg- — islative Code. The term "person," in add tio to Chapter 317.Amusement Rides the definition in Section 310.01, shall for he ur- pose of this section include the individu 1 p rt- �c. 317.01. License required. ners or members of any partnership or orp ra- tion,and as to corporations,the off`icers,a ent or No person shall engage in the business of pro- members thereof,who shall be responsibl for he 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 incr as . Sec. 317.02. Fee. Effective on January 1 of each calend y ar, The fee required is one hundred dollars($100.00) all license fees, except building trades si ess - for each location at which such person will oper- license fees and fees for building trades ce ifi- ate and maintain the business of providing such cates of competency, shall increase by e er- rides. centage increase in the budget for the di 'sio of (Code 1956, § 411.02) license and permit administration of the dep t- . ment of finance and management servic . 'or Chapter 318.Mechanical Amusement Devices . to November 1 of each year, the direct r o fi- nance and management services shall e ith the city clerk a notice of the percentage i cre se, �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, -2 83; 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. R.eserved defined as any machine which,upon the insertion of a coin, token or slug, operates or may be oper- SUBTITLE B. CLASS I LICENSE ated by the public for use as a game, entertain- ment or amusement, which amusement device . Chapter 315. Reserved* 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 Distributin 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 busine of the under Chapter 317,pertaining to amusement rides manufacture or distribution of animal ood 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; 'Editor's note—The licenses under this chapte , de ived and all other machines which,by the insertion of - from§$ 345.01-345.03 of the city's 1956 Code,we re sig- a coin or token, operate for the entertainment or nated as Class III licenses by Ord.No.17207,adopt Ja .31, ��ment of the player,except weighing machines. 1985,and recodified as Ch.423. (CoCIe 1956, §§ 412.01,412.02) 2037 w►+�Te .�: cirr c�eaK t PI�"!K � -�-�FINANCE COl1T1C11 CANARY -DEPARTMENT � � BI.UE - MAVOR � ITY OF S INT PAUL File NO. �'�:f- ��• - city At�y/�aa • . % �' O r i �nce ��. or:��n nce N 0. ��--1� ; , , �., . . � . � � . �.l - � �� --;.,_ _.. � Presented By ' �'� � ' + �' -- - _..,..�'.�,•��: --�:" „ ,:� - r ..� c`' . . . � �• _...- � � /. / Referred'To Committee: Date 3 ..-1: ' ` �I -�` �/ Out of Committee By - ' --� � �"'' "Date A.n ord n ce �larifyin� the If.�enseho d 's responsibilit� for the a �i na of his vr her � � er�nloyees o the l�censed prerai�es,., f`� :-, - ,_ ,: �-� , .; :'4, � CC?t3�iCIL QF THE CITY �?F S PAtJL �3�5 0?�T3AI��. y S etion I � C�apter 31� o� the Sain ui��gislative Cod� is herebp �` � amended tfl a.dd a new sectian 3I .07 to be read as follows: "3I.O.I7. Lic�nsee s s onsib�lit . Any act or con t�ct anp c er , eazpl.oyee, maxxag�r or a�;eat o liceus�ee, or by anq p�rson providing te tainment or working for or on be�alf o a licensee �.�hether �' campensated or nct ich act or conduct � takes glaee either on t:�e licen�eri premises or in any �arking ot or vther area ad�acent , to (or uader the 1 as or ec�ntrol af) the 1.iee:�sed premises , an which act or conduct viol�tes �y state or federaZ s�atutea or re�ulations, or an c tp or�inance, sha23 be co*��idered to be 3 rea.ted as the act or . cos�duct of the Iic n� e for t�.e purpc�� of adver�e aetivr� aga ns aI3 or any of the licenses held bv s ch Iic�ns�e. To t�e extent this secti i in conflict with sections 409.14 an 4 4.0� of the T.egislative COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Favor Goswitz Rettman Scheibel A gai ns t BY . Sonnen Wilson Adopted by Council: Date Form Approved by City Attorney (' -�ified Passed by Council Secretary BY �y �.� Approved by Mayor: Date Approved by Mayor for Submission to Council By BY .-WHITE � - CI TY CLERK � � PINN = FINANCE COUIICll BLVERV-MAVORTMENT GITY OF S INT PAITL File NO. �}�, �� !'�'� :' �.'._f!;, 0� i �nce Ordinance N0. J�� '' � :.� �"�, �� P�esented By '�•,' � r •' .� �` :`� �-' �..�`� � � r f Referred To T :.�._a.._.....�.�.��,-f�., C�,�._.._ _ .4,;:;�/�mmiftee: ':.._::_Date'---C i.•.� rr�/_�,�, � �/` . :� Out of Committee By Date �� Cocie, this section sh I1 be contYalZirn and nr�vail; but st�a.11 no ot�erc�ise a�enci, alter or affect suc� sec i s." . ec�ion 2 This ardinance �I2alI ta e effect and b� in f�rce thirty days ? af�er its nsssa�e, a�prova? n Qublicntion. COUNCIL MEMBERS Requested by Deparfinent of: Yeas Nays Dimond ! ��g - In Fav r Goswitz Rettman _ B Scheibel A gai n s Y Smme+r Wilson ,�,,�y�°; ; Form Approved by City Attorney Adopted by Council: Date `" -tified Passed by:.Council Secretary BY By ,�, '� _.._. ' Approved by Mayor: Date '',_:'a " '=��1 Approved by Mayor for Submission to Council By BY . . . � c��y � 3 �� -�� LICENSES §409.02 (11) No licensee shall receive any ma ria for Sec. 409.02. Definitions. use in the licensed business from ny per- son under the age of eighteen (1 ) ars As used in this chapter, the following terms without the written consent of th p ent shall have the meanings ascribed to them in this _ or guardian of such person, which sha 1 be section: kept on file by the licensee for at as one Club shall mean a corporation organized under ye�• the laws of the state for civic, fraternal, social or (12) Any licensee shall be subject to re so bla business purposes or for intellectual improvement inspection at reasonable times b pr per or promotion of sports which has more than fifty city officials as in the case of other ice sed (50) members and for more than a year owned, businesses. hired or leased a building or space in a building of such extent and character as may be suitable and (13) Licenses issued hereunder shal no be adequate for the reasonable and comfortable ac- transferable. commodation of its members, and whose affairs (Code 1956, § 341.06) and management are conducted by a board of directors, executive committee or other similar Sec. 408.06. Renewal, revocation a d us- body chosen by the members at a meeting held pension. for that purpose,none of whose members,officers, (a) Any person to whom an initial lic nse has agents or employees are paid,directly or indirect- been issued hereunder may obtain renew th reof ly, any compensation by way of pro�t from the by filing an application with the inspec or di- distribution or sale of beverages to the members cating any changes in the material submi d 'th of the club or to its guests beyond the amount of the initial application. The inspector sh 11 c cu- such reasonable salary or wage as may be fixed larize the application to those officials wh re- and voted each year by the directors or other view initial applications and the license ha 1 be governing body. granted of course by the council unles , i its Exclusiae liquor store shall mean an establish- judgment, reports from city agencies or o the ment used only for off sale and on sale sales of public demand a formal hearing be held No ini- intoxicating liquor, except that, upon obtaining tial licenses shall be granted hereunder r o her proper state or city licenses for such sales,cigars, premises except in I-1,I-2 and I-3 Industrial ' 'cts. cigarettes, all forms of tobacco and nonintoxicat- (b) The council may revoke, suspend re use ing malt beverages and soft drinks may also be to renew the license of any person here 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 the 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 Liquo * 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 liquo for on- Hotel shall mean an establishment with resi- sumption at any time or place in Saint P 1 'th- 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 pe aini g to liquor and beer,see Title xXrv;nonintoxicating m It li uor, and other suitable and necessary furnishings in Ch.410;use of beex and intoxicating liquor in drive in m tion each room, and which has a main entrance with picture theatres prohi�ited,§416.os(b). suitable lobby,desk and office for the registration • 2171 $409.02 LEGIS T E CODE of guests on the ground floor and which employ Sec. 409.03. Number of licenses. an adequate staff to provide suitable and usua (a) On-sale licenses shall be issued only to ho- service, and which maintains, under the sam tels, clubs, restaurants and establishments for the � management and control as the rest of the estab sale of on-sale liquors exclusively. lishment and as an integral part thereof,a dinin room with appropriate facilities for seating no �� Off-sale licenses shall be granted subject to less than thirty(30)guests at one time,where th the approval of the liquor control commissioner to general public is, in consideration of payment Proprietors of drug stores,general food stores and served with meals at tables. exclusive liquor stores, and but one such license shall be issued for every five thousand (5,000) Intoxicating liquor or liquor shall mean an inhabitants in the city. include ethyl alcohol, and any distilled, ferment (Code 1956, § 308.06; Ord. No. 17172, 10-23-84) ed, spiritous, vinous or malt liquid of any kin potable as a beverage, which contains an alco �c. 409.04. Exceptions. holic content in excess of three and two-tenth This chapter shall not be construed to prohibit (3.2)percent thereof by weight or four(4)percen the sale of wine for sacramental purposes by any by volume. person duly licensed by the state liquor control Medicines shall mean and include only suc commissioner so to do; nor shall this chapter be potable liquids as prescribed by licensed phys construed to prohibit the sale of inedicines as herein cians and dentists for therapeutic purposes an defined;nor of industrial alcohol designed for me- United States Pharmacopoeia and National Fo - chanical, chemical, scientific, pharmaceutical or mulary preparations and preparations used fo industrial purposes; nor to compounds or prepa- the mitigation of disease for external and inte - rations containing alcohol, if such compounds or nal purposes which are usually sold in drug stor Preparations are not potable as a beverage; nor and intended for therapeutic purposes and not f shall it be construed to prohibit the sale of intoxi- beverage purposes. cating liquor for medicinal purposes by a duly licensed and registered pharmacist or druggist Off-sale shall mean the sale of liquor in ori - upon bona fide prescription, in writing,by a phy- nal packages in retail stores for consumption o sician or dentist. or away from the premises where sold. (Code 1956, § 308.22) On-sale shall mean the sale of liquor by t Sec. 409.05. On- an es; term; glass for consumption on the premises only. fees. • Package or original package shall mean a (a) Term. All licenses for the sale of intoxicat- include any container or receptacle holding liquo , ing liquor shall be for a term of one year from the which container or receptacle is corked or seale , date of issuance, renewal or transfer. The date shall be determined by the inspector and entered Person shall include individuals, corporatio , upon the license. - partnerships and associations. (b) License fee� on-sal� semiannua.l installments. Restaurant shall mean an establishment oth r The license fee for an on sale license is hereby than a hotel, under the control of a single prop i- fixed as follows: etor or manager, having appropriate facilities f r the serving of ineals for no fewer than fifty (5 ) p��l) Seating capacity over 200 . . . . . $3,000.00 guests at one time. � (2) Seating capacity over 100 . . . . . 2,750.00 Sale and sell shall mean and include all barte s G (3) Seating capacity 100 or less . . . . 2,500.00 and all manner or means of furnishing intoxic t- Said sum shall be paid in two(2)equal amounts, ing liquor or liquors in violation or evasion f the �rst to be paid before the license is issued or law. renewed, the second payment to be made within (Code 1956, § 308.01) six(6)months from the date of issuance or renewal. 2 72 � , � �-'�- ��, ICENSES §409.06 (c) On-sale licens� replacement af�er reuo at' n. the liquor control commissioner of the State of If,for any reason,the on-sale license in thi ch p- Minnesota and shall file the same with the in- ter provided for is revoked by the council of t e spector. Such application form shall require that City of Saint Paul, no replacement licens sh 11 the following information be set forth upon the _ be issued until the full license fee for t n w application, and such further information as may license due for the remainder of the licen y ar be required: is first paid; provided, however, that in n ev nt shall a licensee pay less than the applica le n- (1) The name and place of residence of the nual license fee together with the applic ble is- applicant. suance tax for a license, or combination o ,lic n- 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; noti to Zi- and an exact description, including the pro- censees. The license inspector is hereby 'rec ed posed floor plan and seating capacity, of to notify in writing via U.S. mail all on sal li- }�e p�icular place within the building stru�- censees of the public hearing date for cou cil n- ture where such sales are proposed. sideration of any amendments to this se ion in- creasing the license fees. At said public ear ng, �g� �ether the applicant has ever been en- the department of finance and managem nt er- gaged in a similar business and, if so, the vices shall present evidence to the counc 1 s w- location thereof and the date when so en- ing the relationship between the propose fe in- gaged. The application shall be signed and crease and the costs borne by the city fo liq or- 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 fe fo an of the corporation. off-sale license is hereby fixed at the su o one 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 a on- fixed for the particular license for which he makes sale or off-sale license is approved by th co cil, application. the fee to be charged shall be the presc ibe an- nual fee less a credit given for each on or (b) Investigation; issuance; etG The license in- portion of a month remaining of the origi al t rm. spector shall register the application in books kept (g) Late fees. Notwithstanding the pro 'si s of for that purpose, one for on-sale licenses and one Section 310.09, an applicant for rene al f an for off-sale licenses. He shall notify immediately the director of the division of public health, the on-sale liquor license shall be charged la fee chief of police and the chief of the department of in an amount of ten (10) percent of th i tall- fire and safety services of the fact that such ap- ment due for such license for each thi -d Pe- plication is filed.It is hereby made the duty of the riod or portion thereof which had ela ed after �oresaid director, the chief of police and the fire - the expiration date of such license or se ia nual chief to inspect and examine or have inspected period, and the late fee shall not excee fift (50) percent of the annual life. and examined the premises described in the ap- (Code 1956, § 308.17; Ord. No. 16842, 10- 0-81; plication and inquire into the character of the Ord.No. 17321, § 1, 12-31-85;Ord.No. 32 , § 1, 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 requirement . ises are suitable for such a business.Upon receipt of the reports, the inspector shall examine them (a) Application. Any person desirin a 1 cense and transmit them to the city council, together to sell intoxicating liquor shall make s v rified with any recommendations which he, as such in- application in writing upon a form a ro ed by spector, has respecting the applicant or the place 2173 ��7 � LICENSES §409.06 other than the ground floor if a license h s b en (4) No outside service azea shall be permitted granted for sales on a floor other than such o d unless the licensee provides, in addition to floor.All licenses granted hereunder shall t fo h other requirements of law, safety barriers the exact location within the building st ct e or other enclosures to protect patrons from � where such sales may be made and no sal sh 11 any hazards, including vehicular tr�c. be permitted except in that part of the pr mi es (5) No outside service area shall be located on defined in the license, except as provided in e 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 a y hinder or obstruct vehicular or pedestrian licensee to sell or serve intoxicating iqu rs traffic 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 li- 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 inv ve n satisfied, that the impact of such outside enlargement of the building structur . S 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 8) a. Loud, boisterous or disturbing noise and all pertinent provisions of the oni 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 d. Excessive litter; unless the licensee presents with his app i- e. Excessive artificial lighting; cation for such outside service area sta - f. Substantial decrease in adjoining prop- ment in writing by ninety (90) per nt f erty values; or the owners and tenants of all privat re i- g. Any other condition inconsistent with dences, dwellings and apartment hou es - the reasonable use and enjoyment of cated within two hundred (200) feet f t e adjoining property and inconsistent with proposed outside service area that the ha e the health, safety, morals and general no objection to such service area. Me welfare of the adjoining neighbors or ments shall be determined from the pr - community. erty line of the licensed premises o t e property line of the residential use ; p - (7) Permission to sell and serve intoxicating . vided,however,that where the licensel re - liquor in or upon any outside service area ises is located within a shopping 11 r may be revoked by the council on three(3) shopping center the measurements sh 1 days' notice to the licensee, pursuant to be determined from the nearest cor er f information received at a public hearing the building in which the licensed re - before said council. The information need _ ises is located to the property line f t e 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 in subparagraph(6).The public hearing shall (3) Notwithstanding any other provision la , be conducted with such formal or informal off-street parking spaces may not be re uc by the establishment of an outside s rvi procedures as the council may permit, so area below the number of off-street ar - long as the licensee and any complaining ing spaces which would be required i t P�ies have an opportunity to be heard. licensed premises together with the o tsi (8) The licensee shall,with respect to any out- service area were to be newly constr cte side service area, comply with all applica- in conformity with the zoning code. ble provisions of law and regulations in 2175 §409.06 LEG E CODE , of business. Upon receipt of such reports and re - No license shall be granted to any person who ommendations,the council shall consider the s opens a new drug store after January 6, 1934, and shall, by resolution, grant or deny the appl - 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 liqu have purchased a drug store that shall have been license and the applicant is the holder of an o - in continuous operation for a period of two (2) sale nonintoxicating malt liquor license heret - Years. fore issued by the city council to sell such noni - (c-1) Public hearing; notices. No new license for toxicating malt liquor for consumption on the pre - either on sale or off sale shall be issued until the ises,the council shall not grant such of�sale liqu council shall have first held a public hearing on license until the applicant surrenders his licens the application. The notification requirements to sell nonintoxicating malt liquor for consum applicable to license transfers or change in licensed tion on the premises. If an off-sale license is gran �-eas in Section 409.11 shall be applicable in the ed, the resolution granting it shall direct the i issuance of new licenses. spector to issue the license whenever the bon hereinafter provided for has been approved an (d) One license only. Not more than one off-sale the liquor control commissioner advises the i retailer's license shall be directly or indirectly spector that he approves of the issuance of th issued to any one person or for any one place in license to the particular applicant. this city, nor shall any retailer's off-sale license If an on-sale license is granted, such resolutio be directly or indirectly issued for any place for shall direct the inspector to issue the same whe �'hich a license of another class has been granted. ever the bond hereinafter provided for has bee It shall not be a violation of this paragraph for a approved. person who owns, directly or indirectly, or who has an interest in any intoxicating liquor license Should the application for a license not be grant in this city additionally to own directly or indi- ed, the resolution refusing the same shall autho rectly or to have an interest in one or more corpo- rize and direct the proper city officers to refund t rations owning or operating a hotel holding an the applicant the deposit made at the time of th intoxicating liquor license in connection therewith; filing of the application. provided, that such hotel shall have at least one No new license shall be issued for any locatio hundred fifty(150)or more rental units. within a one-half mile radius of which there al ready are four (4) or more premises licensed fo �e� P''emises of license. No on-sale or off-sale the sale and consumption of intoxicating liquo license shall be effective beyond the compact and , on the premises; provided, however, that this re contiguous 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 sale license granted for sales in the dining room opment district. of any hotel may permit sales of liquor with meals in additional dining rooms open to the public and (c) Licensee qualifacations. No license shall b specified in the license if ineals are regularly served issued to anyone other than a person over nine to guests therein.If ineals are regularly served to - teen (19) years of age, of good moral chazacte guests in guest rooms in any such hotel, liquor and repute, nor to any person who shall be here may be sold in such guest rooms but only with after convicted of any willful violation of any law meals; provided, that such guest rooms must be of the United States or the State of Minnesota or specified in the license granted. No sales shall be any city ordinance with regard to the manufac- made upon the premises of an on-sale licensee ture, sale, distribution or possession for sale or except upon the ground floor; provided, however, distribution of intoxicating liquor,nor to any per- that this limitation shall not apply to a hotel duly son whose license under the state liquor control licensed to sell on another floor as in this section act or this chapter shall be revoked for any will- provided; and provided further, that a licensee ful violation of such act or ordinance. shall be permitted to sell at a place in a building 17 � � �� - ��-�� $409.06 LEGI LA NE CODE regard to the sale and service of intoxic t- (1) That the licensee will obey the law relat- ing liquor, including, without limitation y ing to such licensed business. reason of this specification, all applicab e regulations contained in Sections 409. 8 �2) That the licensee will pay to the munici- , and 409.09 of this chapter. pality, when due, all taxes, license fees, penalties and other charges provided by (fl Zoning restrictions. No license shall be ' - law. sued for premises located within an area where n such use of the premises is prohibited by the zo - (3) That in the event of any violation of the ing code, nor within an area where such sales a e provisions of any law relating to the busi- forbidden by the state law or any other ordinan e 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 sh 1 be issued for any place where nonintoxicati g (4) That the licensee will pay, to the extent of malt beverages shall be sold for consumption n 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 grant d sulting from the violation of any provision hereunder shall be effective until a permit sh 1 - of law relating to the business for which be issued to such licensee by the United States 'f such licensee has been granted a license, and further conditioned that such recovery any such permit is, in fact, required. may be had also against the surety on his (i) State restrictions. No license shall be issu d bond. to any person in connection with the premises f another to whom no license could be issued und r The amount specified in any bond required is the provisions of the state liquor control act; pr - hereby declared to be a penalty and the amount vided, however, that this provision shall not pr - recoverable shall be measured by the actual dam- vent the granting of a license to a proper less e ages; provided, however, that the surety thereon by reason of the fact that he shall lease premis s shall not be liable for any amount in excess of the of a minor, noncitizen or a person who has be penal amount of the bond.All such bonds shall be convicted of a crime other than a violation of th s for the benefit of the obligee and of all persons chapter or the liquor control act. suf�ering damages by reason of the breach of con- ditions thereof. Such bonds shall run to the City (j) Bond No on-sale license shall be grant of Saint Paul as obligee, and in the event of for- until a bond in the amount of three thousa d feiture of any such bond for violation of the law, dollars ($3,000.00) has been furnished, approv the District Court of Ramsey County may forfeit and filed by and with the proper city officers. the penal sum of the said bond to the City of No off-sale license shall be granted until a bo Saint Paul. in the sum of one thousand dollars ($1,000.0 ) shall be furnished and approved by the state '- �� Renewals: quor control commissioner and the city counc , (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 co - Payment or contribution to a health and pany duly licensed to do business in the State f Welfare trust or pension trust. Minnesota, and the bond shall be approved as o (2) If on or before the expiration date of the form by the city attorney. All bonds when a - license the licensed business has discontinued proved by the proper city or state officers, as t e its operation or closed for any reason, the case may be, shall be deposited with the direct r ` council shall renew said license only upon of the department of finance and manageme t the condition that the licensee shall reopen services. All such bonds, whether off-sale or o - and restore the licensed business to full sale,shall be conditioned as follows: operation within the terms of the renewed 21 6 ICENSES §409.07 license, or in the alternative, that t e 1 - (m) Unlawful use of weapons. If during any censee shall make application for a o - twelve-month period there are reported two(2)or tain passage, approval and publicatio of more incidents involving unlawful use or handling resolution for the transfer of said li en of firearms,assault weapons or knives,as defined — within the term of the renewed lice se in Section 225.01, on any licensed on-sale prem- another person. No license issued upo co - ises, a public hearing shall be conducted by the dition pursuant to this subsection sh 11 council.Any adverse action may be considered by further renewed unless one or the ot er f the council pursuant to the hearing provisions of the above conditions has been fully me ; Section 310.05. provided, however, that the council m (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business whic h s 308.13, 308.15, 308.19, 30826, 308.34; Ord. No. not been in full operation during the pri r 17172, 10-23-84;� Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises we e No. 17177, 10-23-84; Ord.No. 17229, § 1,4-18-85; acquired by eminent domain or und r t Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, threat of eminent domain and the lic ns e 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to re oca e 17328, § 2, 1-23-86) the business to another location. Cross referenae—Licensing requirements for estabtishments seiling nonintoxicating malt liquors,§410.03. (3) Any license which is not renewed pur ua t � . to this paragraph (k) or for any othe re - �c. 409.07. Hours of sale; Sunday sales,etc. son lapses and may be reissued pursu nt o Section 409.16. (a) Hours o f sale. No sale of intoxicating liquor shall be made after 1:00 a.m.on Sunday nor until (1) License near church or schooL No 1 e e 8:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located ith between the hours of 1:00 a.m. and 8:00 a.m. on three hundred(300)feet from any public o p - any weekday. No off-sale shall be made before chial school, church or synagogue, said thre h - 8:00 a.m. or after 8:00 p.m. of any day except dred(300)feet being calculated and compu ed s off-sale shall be permitted on Friday and Satur- the distance measured from the property 1 ne f day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the lo ati n New Year's Day, January 1; Independence Day, for the liquor license to the property line f a y July 4; Thanksgiving Day; or Christmas Day, De- school,church or synagogue in the area for hi h 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 Nov mb r ited on such evenings, off-sale may be made until 10, 1962, the location of which license is i co - 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may be re w on December 24 after 8:00 p.m. � transferred or otherwise dealt with in acco an e (b) Sunday sales: with law, it bsing the iatent of this par a h that it be applied prospectively for propose lo - (1) Notwithstanding the provisions of paragraph _ tions of licenses,and further it being the in ent f (b), establishments to which on-sale licen- _ this paragraph that the limitations set fo h n ses have been issued or hereafter may be this paragraph shall in no manner be app 'ca e issued for the sale of intoxicating liquors to any hotel or motel.Upon written petition ign d which are hotels or restaurants and which on behalf of the school, church or synago e o- have facilities for serving.no fewer than cated within three hundred (300) feet of t e p o- ��ty (50) guests at one time may serve in- posed location of the license,the council m b a ��ting liquors between the hours of 10:00 five-sevenths vote disregard the provisions f t is ' a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a c ur , conjunction with the serving of food,but no school or synagogue of a proposed lice se is liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.l 2177 §409.07 LEGISL TN CODE provided, that the licensed establishment (2) 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 �te 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 o cense or Minnesota identification card, or one year and for which the fee shall be tw in the case of a foreign national by a valid hundred dollars ($200.00). Application fo passport. A person who was born on or be- said special license shall be made to th fore September 1, 1967, may continue to council in the same manner as applicatio P�'chase and consume alcoholic beverages for other licenses to sell intoxicating liquo 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 when prohibite (3) No sale shall be made in any place or in No person shall consume or display or allow co - p� of a building where such sales are sumption or display of liquor upon the premis s prohibited by state law or this chapter. of an on-sale licensee at any time when the sale f such liquor is not permitted. (4) No person under eighteen(18)years of age� may be employed in a place where intoxi- (d) Private Christmas parties. Notwithstandi g cating liquor is sold for consumption on the any other provision of the Legislative Code, t e premises,except persons under eighteen(18) license holder of premises having an on-sale i- years of age may be employed as musicians cense may once a year during the Christmas s a- ar in bussing or washing dishes in a res- son have a private party at no charge to the gue ts taurant or hotel that is licensed to sell in- after the lawful closing hours; provided, tha a toxicating liquor and may be employed as written request for said party is submitted to he waiters or waitresses at a restaurant,hotel license inspector thirty(30) days prior to the ro- or motel where only wine is sold;provided, posed date of the party; and provided furt er, that the person under the age of eighteen that no sales as defined by law of intoxica ng (18)may not serve or sell any wine. liquors or nonintoxicating malt liquor shal be made at or during said party.The inspector s all (5) Every licensee is hereby made responsible • notify the chief of police of the date of each ro- for the conduct of his place of business and posed party. required to maintain order and sobriety in (Code 1956, § 30820; Ord. No. 16815, 7-2 -81; such place of business. Ord.No. 17037,6-30-83; Ord.No. 17162, 9-2 -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 requir d t room adjoining the licensed premises any observe the following regulations;provided, o slot machine, dice or any gambling device ever that any such regulation which specif` all or apparatus, nor permit any gambling refers to an on-sale licensee shall not bi a therein(whether or not licensed by the state), off-sale licensee, nor shall any regulation hic nor permit the licensed premises or any specifically refers to an off-sale licensee bi d 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 f t e to be used as a resort for prostitutes or public. other disorderly persons, except that pull- Supp.No.l 2178 " � �� .�'T C::� ICENSES §409.08 tabs and tip-boards may be sold on lic nse tions until one hour after the parade, to premises when such activity is licens d b ensure that patrons do not enter or exit the state pursuant to Minnesota Sta ute , with beer or intoxicating liquor. Chapter 349, and conducted pursu t — regulations contained in this Legis ati (11) There shall be provided in all zoning dis- Code. This exception shall not apply o e - tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city f r t e street parking spaces for all on-sale prem- sale of nonintoxicating malt beverage ,no - ises as provided herein: intoxicating malt beverages and win , a d a. �ansfer or new issuance to a struc- nonintoxicating malt beverages an wi e ture newly constructed for that purpose, as menu items only. off-street parking at the rate of one Notwithstanding other provisions t s space for each forty-five(45)square feet Legislative Code to the contrary,th co of patron area. cil may permit an on-sale licensee p r- b. Transfer or new issuance to an exist- mit the holding of a single event,su a 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 activit ; p o- four (24) months preceding the appli- vided, that sueh events are separat fr m cation, off-street parking at the rate of the public areas of the licensed est bli h- one space for each forty-five(45)square ment, nor open to the general publ c, a d feet of licensed patron area minus the the raffle conducted by a charitabl or a- number of off-street parking spaces nization licensed by the State of Mi eso a. which would be required for the previ- (7) No dancing wherein the public parti 'pa s, ous use of the same area under the and no dancin sin or other va e le existing zoning code provisions. Exist- g' �g ing parking which previously served exhibitions or entertainment shall e r- the same area shall not be counted to mitted on the premises of any on- ale li- meet the requirements unless any are censee unless such premises are duly ce in excess of what would have been re- for entertainment. �quired for the previous use. No addi- (8) The license issued to said licensee al be tional off-street parking shall be required posted in a conspicuous place in t at or- if the number of additional spaces re- tion of the premises for which the lice se quired is five(5)or fewer spaces. has been issued. c. Expansion of licensed area, off-street . pazking at the same rate as transfer or (9) No person shall remain in or loite in he new issuance to an existing structure parking lot of an on-sale licensee ter he not previously licensed for on-sale pur- lawful closing hour. poses, plus twenty-five (25) percent of (10) When a licensee is notified by th p ice any pazking shortfall for the existing _ department that a parade will be hel wi ' licensed area. "Parking shortfall" shall _ one block of the licensee's establi h nt, mean the difference between one space all beer and all intoxicating liqu or liq- for each forty-five (45) square feet of uid of any type sold during the e ire day patron floor area for the existing licensed of said parade shall be sold only i pl stic area minus the number of parking spaces or paper containers. In addition, po re- actually provided for that area. ceiving such notice,the licensee sh 1 ace d. "Patron area" shall mean to include a person at each entrance and eac e t of all areas used by the public, and ex- the establishment at least one h rior cludes all areas used exclusively by em- to the time of parade, and the lice ee hall ployees for work,storage or office space. require a person to remain at th se oca- Supp.No.l 217s $409.08 LEGIS AT E CODE e. Modification of parking requirements ing off-street parking facilities which serve 1. The council may modify the o , the building shall be provided with a vi- street parking requirements con sual screen where the parking facility ad- tained in this section upon appli 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 counci screen shall be between four and one-half that granting of such modificatio (4�z)and six and one-half(6�/z)feet in height would not have a substantial de and of suf�`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) aff'i 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. lowi.ng 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 payme Ord.No. 17460, § 1,5-28-87;Ord.No. 17473, §§ 1, of an administrative prceessing fe 2, 7-7-8?) for parking modification applic - tions. Applications and fees sha 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, t ises are unlawful and shall be punished as pro- council may attach reasonable co - vided by Section 1.45 of the Saint Paul Legisla- ditions regarding the location, d - sign, chazacter and other featur tive Code: of the licensed structure and par - (1) To employ or use any person in the sale or ing area deemed necessary for t service of alcoholic beverages in or upon protection of the adjacent neig - 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 s female breast below the top of the areola or the characteristics of the licens ' of any portion of the pubic hair, anus, cleft establishment remain unaltered. of the buttocks,vulva or genitals. the event parking problems aris , the council may consider taki adverse action pursuant to the pr cedures set forth in Chapter 310 f this Code.Such adverse action m include requiring the licensee o do one or more of the following: (i) Provide more off-street parkin , (ii) Produce the usable floor spac ; (iii) Reduce patron capacity (se - ing or bar area). (12) When an existing building is converted o on-sale intoxicating liquor purposes, exi - � Supp.No.l 2 0 . �,_ �� . , � � LI ENSES $409.10 (2) To employ or use the services of any ost d. Scenes wherein art�cial devices or in- ess while such hostess is unclothed r i animate objects are employed to depict, such attire,costume or clothing as desc ibe or.drawings are employed to portray, _ in subparagraph(1)above. any of the prohibited activities described above. (3) To encourage or permit any person o th (Code 1956, § 308.23(11) licensed premises to touch,caress or f ndl the breasts, buttocks, anus or genit ls 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 to e cil to impose reasonable restrictions upon a li- or use any device or covering expo d cense held under this chapter, the council, upon view which simulates the breast, ge ital , issuing a new license or renewing a license or anus, pubic hair or any portion there f. approving a transfer of a license, may impose reasonable conditions and restrictions pertaining (5) To permit any person to perform act of r to the manner and circumstances in which the acts which simulate: business shall be conducted to preserve the public -peace and protect and promote good order and . a. With or upon another person exu 1 security. These reasonable conditions or restric- intercourse, sodomy, oral copu ati , tions may pertain to: flagellation or any sexual act w ich 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 the tou h- ` ing, caressing or fondling on t e b t- (2) A limitation and restriction as to the exact. tocks, anus, genitals or female rea t. location within a building where intoxicat- d. The displaying of the pubic hai ,an s, ing liquor will be served and/or sold and/or vulva, genitals or female breas be w consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use artifici 1 d vi- of ingress to or egress from the licensed ces or inanimate objects to depict an of establishment; the prohibited activities described bo . (4) A requirement that certain off-street park- ing facilities be provided; , (7) To permit any person to remain in r on �5� A condition that the license will be in ef the licensed premises who exposes to ub- lic view any portion of his or her en' als fect only so long as the establishment re- or anus. mains a drugstore, restaurant or hotel as • defined by the state liquor act or regula- (8) To permit the showing of film,still ict es, tions adopted pursuant thereto; - electronic reproduction or other v su re- (6) A limitation and restriction as to the means ' productions depicting: and methods of advertising the sale of in- a. Acts or simulated acts of sex al i ter- toxicating liquor on the building and/or on course, masturbation, sodom , be tial- the premises adjacent thereto; ity, oral copulation,flagellati n o any (7) Reasonable conditions limiting the opera- sexual act which is prohibite by aw. tion of the licensed premises so as to en- b. Any person being touched, c es d or sure that the licensed business will com- fondled on the breast, butto ks, 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 di la s the nuisances will be prevented. vulva or the anus or the gen tal (Code 1956, § 308.11(b)) Supp.No.4 2181 §409.11 L GIS ATNE CODE Sec. 4tKJ.11. 1�ansfer of license; change in ser management services. Prior to the city council's vice area. consideration of said application, the application (a) No license granted hereunder shall be t ans shall be read by the city clerk at the next regular _ ferable from person to person or from pla t meeting of the city council. place (including changes in licensed areas) ith The council's committee designated to hear li- out the consent of the city council, which con en cense matters shall then schedule a date for pub- shall be evidenced by resolution passed by the lic hearing upon said application for transfer or city council. No license granted for a spec ied change in licensed area. At least forty-five (45) part of any particular premises shall permit s les days before a public hearing on a transfer or change of such liquor on a part of such premises not in licensed area, the department shall notify by specified in the license; provided, however, hat mail all owners and occupants who own property the council may, by resolution, grant the rig t to or reside within three hundred fifty (350) feet of use such other portions of the premises for ch the establishment to which the license is to be sales. transferred or area changed, and all community The transfer of stock in any corporate lic se organizations that have previously registered with said department to be notified of any such appli- shall be deemed a transfer within the meanin of cation, of the time, place and the purpose of such this section,and no such transfer of stock shal be hearing, said three hundred fifty (350)feet being made without the consent of the city council. calculated and computed as the distance measured It is hereby made the duty of the officers of ny in a straight line from the property line of the corporation holding a license issued under he building where intoxicating liquor is sold, con- authority of this chapter to notify the city cou cil sumed or kept for sale to the property line owned, of any proposed sale or transfer of any stoc in leased or under the control of the resident. Prior � such corporation, and no such sale or transfe of to the hearing date,said department shall submit stock shall be effective without the consent of he to the council's committee designated to hear li- council given in the manner above set forth. he cense matters a list of the names and addresses transfer of any stock without the knowledge nd of each person or organization to whom notice consent of the city council shall be deemed s i- was sent, and certification of such list by the cient cause for revocation by the council of y department shall be conclusive evidence of such license granted to such corporation under the u- notice.A transfer or change in licensed area under thority of this chapter. this section only becomes effective upon compli- Such corporate officers shall also notify the c ty ance with this section and consent of the council council whenever any change is made in the o i- by resolution.The failure to give mailed notice to owners or occupants residing within three hun- cers of any such corporation, and the failure to so dred fifty (350) feet, or to community organiza- notify the council shall likewise be suff"icient ca e tions,or defects in the notice,shall not invalidate for revocation of any liquor license granted to the transfer provided a bona fide attempt to com- such corporation. ply with this section has been made. A bona fide _ Notwithstanding the provisions of this secti n, attempt is evidenced by a notice addressed to _ publicly owned corporations whose stock is trad d "owner" and to "occupant" of the listed address. ;n the open market may comply with the requi e- Only one notice need be mailed to each house or ments pertaining to stock ownership and sto k each rental unit within a multiple-family dwell- transfer by furnishing the council with the nam s ing regardless of the number of occupants. and addresses of all stockholders of record up n each renewal of the license. The notification requirements of this section shall not be applicable where the license is to be An application for the transfer of such a licen e transferred to a place located within the down- .=ha11 be made by the !ransferee upon forms f - town business district. For purposes of this sec- �ished by the division of license and permit a - tion, downtown business district shall include all -ninistration of the department of finance a d that portion of the City of Saint Paul lying within Supp.No.4 21 2 ,. ��_ G�� ICENSES §409.13 and bounded by the following streets: Begin in 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 nu , Section 17.0�.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg tre t (d) Notwithstanding the foregoing, no licensee � to Summit Avenue,Sl,mmit Avenue to Tenth �' � shall be allowed to change the location of the Tenth Street to Interstate Freeway 94, Inte sta e licensed premises for on-sale intoxicating liquor Freeway 94 to Lafayette Bridge, Lafayette rid e �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 Warner Roacfi to Shepar� Road, Shegard 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 in 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 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: fire 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 licens or or the proposed new location lies �vit.hin a designated the transferor's consent to the transf r,s all commercial development district. not exceed the license redemptio v ue (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; under Section 409.19 at the time th tr ns- Ord.No. 17173, 10-23-84; Ord.No. 17177, 10-23-84; fer is approved; Ord. No. 17551, § 5, 4-19-88) . (2) The transferee may operate said on- ale Sec. 409.12. R.evocation;suspension;�ne. license for the twenty-four-month pe od ext following the approval of the tran er nly Any license or permit under this chapter may in a commercial development di ric as be either suspended for up to sixty (60) days or defined in Section 1i.07 of the Ci y C ar- 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 t e t ns- holder has failed to comply with an applicable feror has for the six (6) months p ece ing statute, rule or ordinance relating to alcoholic approval of the transfer disconti ue its beverages. No suspension, revocation or fine shall . operation or cTosed for any reason take effect until the license or permit holder has been afforded an opportunity for-a hearing under From and after January 1, 1990, no o -sa e li- Section 310.05 of this Code. cense shall be transferable from person pe son. (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 provis n i the 7-12-88) - Saint Paul Legislative code, an on-sa li ense • may be transferable from place to pla e ithin �c. 409.13. Inspector's duties. one liquor patrol limit as defined in Sec ion 7.07 of the City Charter, and from such liq or atrol It is hereby made the duty of the inspector to limit to any location in a commercial de elo ment see that no applicant for any license hereunder district, also as defined in said section o the har- begins to operate such business until the license ter, so long as the transfer and new loc tio meet has actually been issued to such applicant so to al� the requirements of law, ordinanc , C de or do by the inspector. Charter. E�r cri-sale licen:se may be tr nsf rable (Code 1956, § 308.21) Supp.No.5 2183 $409.14 LE ISL TNE CODE Sec. 409.14. Owner's responsibility. seventy-five dollars ($875.00) payable in two (2) (a) Any act by any clerk, barkeeper, agent, r- equal amounts, the first to be paid before the license is issued or renewed, the second payment vant or employee of any licensee hereunder, in to be made within six(6)months from the date of - violation of this chapter, shall be deemed the ct issuance or renewal. Where a transfer of a license 4 of the employer and licensee of such place as w 11 is approved by the council, the fee to be charged as that of such clerk, barkeeper,agent,servant r shall be the prescribed annual fee less a credit employee, and every such employer and licen e given for each month or portion of a month re- shall be liable to all the penalties provided for t e maining of the original term. The licenses shall violation of same equally with the clerk,barkeep r, be valid on all days of the week consistent with agent, servant, or employee. the hours of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a cle , All other provisions of this chapter shall be appli- barkeeper, agent, servant or employee made in r cable to such licenses and licensees unless incon- from any place duly licensed to sell nonintoxic t- sistent herewith. ing malt liquor but not duly licensed to sell int - (c) Public hearing; notices. No new on-sale wine icating liquor shall be deemed the act of the e - license shall be issued, nor any existing license ployer and licensee, as well as that of the pers n transferred from place to place, until the council actually making the sale,and every such employ r shall have first held a public hearing on the ap- and li�ensee of such place shall be liable to all t e plication. The notification requirements applica- penalties provided in this chapter for such sal , ble to transfers or change in licensed areas in equally with the person actually making the sal . Section 409.11 shall be applicable to the issuance (Code 1956, §§ 308.24, 308.25) of new on-sale wine licenses or transfers from place to place. Sec. 409.15. On-sale wine licenses. (d) On-sale malt beuerages. A holder of an on- � (a) Defnitions. The following definitions sha 1 sale wine license issued pursuant to this section apply to this section: who is also licensed to sell on-sale nonintoxicat- ing malt liquor and whose gross receipts are at (1) Restaurant shall mean an establishme least sixty (60)percent attributable to the sale of ' under the control of a single proprietor o food may be permitted by the city council to also manager, having appropriate facilities fo sell intoxicating malt liquors at on-sale in con- serving meals and for seating not fewe junction with the sale of food without having to than twenty-five (25) guests at one tim pay any additional license fee. Such authoriza- and where,in consideration of payment ther tion, if approved by the council, shall be noted ' for, meals are regularly served at tables t upon the licenses issued by the inspector. This the general public, and which employs a provision is enacted pursuant to authority granted adequate staff to provide the usual and suit by Minnesota Statutes, Section 340A.404(5). able service to its guests. (Code 1956, § 308.27; Ord. No. 16912, 4-22-82; (2) On-sale wine license shall mean a licens Ord. No. 17247, § 2, 6-6-85; Ord. No. 17328, § 3, _ authorizing the sale of wine not exceedin 1-23-86; Ord. No. 17491, § 1, 9-16-87) fourteen(14)percent alcohol by volume,fo consumption on the licensed premises onl�� Sec. 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-sal the issuance of new licenses and to the reissuance wine licenses may be issued, subject to the ap of licenses under this chapter which have reverted proval of the liquor control commissioner, to the to the City of Saint Paul for any reason,including proprietor of any restaurant as defined in this revocation, the death of the licensee, or lapse of section and without regard to Section 409.03 lim- the license by failure to renew.This section is not itations. The license fee shall be eight hundred applicable to renewals or transfers of licenses. Supp.No.5 18 ' , `�y^� �n`�� ' LICENSES §409.16 � (b) Special issuance excise tax—Off-sale: tomarily placed on transfers between pri- (1) The council shall condition the issu ce r - �ate parties, rather than to confer it upon ' re-issuance (hereafter, "issuance") f a i- one licensee as a windfall benefit. cense under this section upon pay ent of (c) Special issuance tax—On-sale. the special issuance tax in additio to 11 other requirements of this chapter a d 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 mo 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 chap r nd ments of this chapter and this section.The this section is a privilege accorde to he proceeds of such tax shall be used for the licensee to engage in the activities er it- redemption of licenses under Section 409.19. ted thereunder,and is neither prop y or . �e terms"issuance or reissuance," as used a property right. The phrase "fair ar et in this subdivision, do not include the issu- value," therefore, means, for the se ance of an on-sale license as an absolute ��\ of this section, the pecuniary value us m- frst priority under paragraph (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 licens by the thereon. parties to such a transfer as autho ize by (2) The special issuance tax shall be an amount ". this chapter and Section 310.11. T e v lue determined by the following schedule: of such a consent necessarily doe no in- clude real property, fixtures, eq ip nt, a. From August 1, 1984 through January inventory, good will or any other se . 31, 1986—$40,000.00; b. From February 1, 1986 through Janu- (4) Such fair market value, as define in ub- ary 31, 1987—$36,000.00; paragraph (3), shall be determine by mo- c. From February 1, 1987 through Janu- tion agreed to by a majority of t e em- ary 31, 1988—$32,000.00; bers of the council after the u il's d. From February 1, 1988 through Janu- committee designated to-hear lice se at- ary 31, 1989—$28,000.00; ters takes testimony at a public he ing e. F�om February 1, 1989 through Decem- held before the receipt of any ap lic ion. ber 31, 1989—$24,000.00. Such value may be established by t sti ony �3) An on-sale license is a privilege accorded to of the inspector regarding recen li nse the licensee to engage in the activities per- transfers, and shall be the valu as rea- mitted thereby,and is neither property nor sonably niay be determined on or bo the a property right. Such privilege is not im- _ time of issuance of such license u de this , section. The council's committee d si ated pliedly altered by the city s discretionary to hear license matters may also ea any option to pay a redemption value for out- other relevant evidence. Notice of uc pub- standing licenses or by the payment of a lic hearing shall be published ce in a special issuance tax. Such provisions have newspaper of general circulation i th city been adopted by the city council in order to not less than ten (10) days prio to such �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 ad ting the private parties to that transaction,said this section to gain for the citiz ns f the transfers now being prohibited by law. City of Saint Paul this value wh ch ' cus- Supp.No.4 2185 $409.16 LEGISLA NE ODE (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- po�unity 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 be considered despite any adverse recom- license. mendation made, the council's committee (3) Each application must meet all the requir designated to hear license matters shall by ments of law and this section, includin motion set a date for a public hearing at inspe�tion of the premises sought to be 1' Which an applicant is to be chosen by ran- censed b a ro riate off`icials of the div dom selection.All applicants are to be noti- y PP P fied in writing of such date. sion of housing and building code enforc - ment,the division of public health,and th (2) At the public hearing, the secretary of the department of fire and safety services.T council's committee designated to hear li- inspector shall refer each application to eac cense matters shall place the names of all of the above agencies and to the depa - eligible applicants on separate, equal-sized ment of police for their inspection and re - pieces of paper, under the supervision of ommendation, and shall conduct such oth r the council's committee designated to hear . investigation of each applicant as may e license matters. Such pieces of paper shall appropriate.When all inspections have be n be placed in an opaque container from which • made and recommendations received by t e one name shall be drawn at random by a inspector, it shall notify the council. member of the council's committee desig- nated to hear license matters as designated _ (4) Each application shall be accompanied y by }�e presiding off'icer of the council's com- the deposit of a sum of money equal to t n mittee designated to hear license matters. (10) percent of the special issuance exc' e �e applicant so selected shall be announced, tax in the form of a cashier's check or ce i- and shall be awarded the license, by reso- fied check payable to the "City of Sa' t lution,upon payment within forty-eight(48) Paul." hours thereafter of the remaining ninety (5) In the event either the inspector or on of (90) percent of the special issuance excise the agencies reporting on the applicati ns tax. makes a recommendation that no lice se �3) In the event the applicant so chosen fails to be issued to one or more applicants, he pay the remainder of the special issuance inspector shall inform such applicant of Supp.No.4 186 LICENSES §409.16 excise tax within forty-eight(48)ho rs, he ing and serving meals to not less than council's committee designated to e li- fifty (50) guests at one time, ranked in cense matters shall select another a plic nt the order of such seating and serving ' in accordance with the procedures in is capacity from the greatest number down section. to fifty (50); (4) The deposit of ten (10) percent of e e- d. Applicants for the operation of restau- cial issuance excise tax shall be r tai ed rants or hotels not covered above,ranked by the city until the license is a ar ed, in the order of capacity for seating and after which time the deposits of th un uc- serving meals to guests from the great- cessful applicants shall be refunde In he est to the lowest seating and serving event an a licant demands and ece es capacity; and y pP e. All other applicants, in the order by back his deposit prior to the awar of he date and time on which their completed license, the application shall be de me to applications were received by the license have been withdrawn. inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from th ins ec- the city may apply for the issuance of a tor that all the eligible applicatio s ve new on-sale license within one year of such been received, inspected and inve ig ed, redemption. and after hearing having conside ed nd �g� Nonissuance. Nothing contained in this sec- determined whose application may f her tion shall obligate the City of Saint Paul, nor be considered despite any advers re m- imply any obligation,to reissue any licenses which mendation made, the council's co mi tee have reverted to the city. The city council may, designated to hear license matters ha by by resolution, declare that such licenses shall not motion set a date for a public he rin at be reissued,specifying any length of time deemed which one or more applicants, de en ing advisable during which no such licenses shall be on the number of licenses to be iss ed are re-issued. to be chosen according to the prio tie set forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qualified applica ts t an communicate with any member of the city council on-sale licenses to be issued,applica ts s all regarding any application or applicant for issu- be entitled to receive such license acc rd- ance or re-issuance of a license pursuant to this ing to the following order of priori : section unless such communication is made dur- ing the coarse of a public hearing before the coun- a. As an absolute first priority, n a pli- cil's committee designated to hear license mat- cant who purchases an exist' g usi- ters held pursuant to this section. ness having an on-sale license it the intent of operating said busine s a the (i) Neighborhood Betterment Fund A Neighbor- same location for at least ne ear hood Betterment Fund is hereby established, to � thereafter; which ten (10) percent of the proceeds of the spe- b. Applicants for the operation re tau- cial issuance tax are hereby appropriated. Such rants capable of seating an se ing fund shall be used to assist the housing and rede- meals to not less than one u ed velopment authority of the City of Saint Paul, (100) guests at one time, rank d i the Minnesota, in the acquisition, clearance or rede- order of such seating and se vin ca- velopment of blighted or deteriorated areas and pacity from the greatest num er own structures in neighborhoods having concentrations to one hundred(100); of businesses licensed for the sale and consump- c. Applicants for the operation f tels tion of intoxicating liquor on the premises, which having dining rooms capabl of eat- acquisition,clearance or redevelopment are hereby Supp.No.4 2187 . ��` d'f.� §409.16 LEGIS AT E CODE determined to be for a public purpose. Such pur and conditions may limit the dispensing of intox- poses and uses of the fund may include the acqui icating liquor to designated areas of the facility. sition of the real or personal property of existin The department of community services may fix on-sale liquor businesses, and affirmative assis and assess a fee to be paid to the general fund in ' tance of financing of minority-owned businesse the case of Town Square Park and to such special seeking or needing on-sale intoxicating liquo fund as may be designated by the director of said licenses. department in the case of Phalen Park Club House (Code 1956, §§ 30828-308.33; Ord. No. 1717 , by an on-sale licensee for each event for which 10-23$4;Ord.No. 17176,10-23-84;Ord.No. 1755 , the licensee is engaged to dispense intoxicating § 7, 4-19-88) liquor. (Ord. 16812, 7-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation;penalty. Violation of any of the regulations contained i �c. 409.19. License redemption. Sections 409.08 and 409.09 shall be a misdemeano The city may, at its option and in its sole dis- and shall be punished as provided by Section 1.0 cretion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. ceived from the special issuance tax are avail- (Code 1956, § 308.23(12)) able,redeem any on-sale license,with the consent of the licensee, by payment of the redemption Sec. 409.18. Town Square Park; Phalen Par value to said licensee. Such redemption terminates Club House. the license for that license holder, and permits The department of community services may a - the city at its option and in its sole discretion to thorize any holder of an on-sale liquor licen issue said license in accordance with the require- issued by the city to dispense intoxicating liqu ments of law and ordinance. The city may not at any event of definite duration on the publ redeem any on-sale lieense which has been re- premises known as Town Square Park and Phale voked or not renewed for cause. The redemption Park Club House. The event may not be pro t value shall be an amount determined by the fol- making except as a fund raising event for a no - lowing schedule: profit organization or a political committee s (a) From August 1, 1984 through January 31, defined in Minnesota Statutes, Section 210A.0 , 1986—$70,000.00; Subdivision 8. The licensee must be engaged o dispense intoxicating liquor at the event held y �� From February 1, 1986 through January 31, 1987—$60,000.00; a person or organization permitted to use the pre - , ises and may dispense intoxicating liquor only o (c) From February 1, 1987 through January persons attending the event. A licensee's auth - 31, 1988—$50,000.00; ity shall expire upon termination of the contract d event. The authority to dispense intoxicating i- �d) From February 1, 1988 through January quor shall be granted in accordance with the st t- 31, 1989—$40,000.00; utes applicable to the issuance of on-sale licens s (e) From February 1, 1989 through December in cities of the first class consistent with Law of 31, 1989—$30,000; and Minnesota for 1981, Chapter 335 and Laws 19 3, �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 ordinan es governing the dispensing of intoxicating liquo as All on-sale licenses which are revoked or not re- are not inconsistent with Laws, 1981, Cha er newed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispens ng required by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance 'th re-issued by the city in accordance with law. the terms and conditions prescribed by the de- (Ord. No. 17172, 10-23-84) partment of community services and those te ms Supp.No.4 i88 LICENSES §409.21 Sec. 409.20. Commercial development ' ts. Sec. 409.21. Pull-tabs and tipboards in bars. (a) Commercial development districts,as defi ed (a) On-sale licensees may request permission in Section 17.07.1 of the City Charter, a be of the city council to permit qualified charitable _ created or expanded by the filing in the ffic of organizations to conduct lawful gambling in the the city clerk of a written petition ther or et- form of pull-tabs and tipboards only on the li- ting forth the boundaries of the expanded ist 'ct, censed premises. Application for permission shall and containing the written consent of the w rs be made to the license inspector and payment of of two-thirds of the several descriptions of al the specified fee. If the application is granted,the estate situate within the new or area of the ex- license shall contain an endorsement specifying panded district, together with the written o nt this approval and the gambling endorsement may of the owners of two-thirds of the several esc ip- be considered for renewal at the same time as the tions of real estate situated within one n ed council may consider renewal of the on-sale license. (100) feet of the new or expanded distr' t, nd (b) Gambling endorsements on on-sale licenses after the �rmative vote in favor there f b at 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 requ' m ts - adverse action as prescribed in the Legislative for consent signatures if the city counc 1 s all Code: determine that a hardship exists therefor an in (1) Only charitable nonprofit organizations such case the council may,on its own,init ate he process of creating or expanding a com er ial K'hose primary function is the support of development district. In such case, the ffir a- 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 e ity contributes a majority of its revenues on council shall be required to create or exp d ny Saint Paul youth may be allowed to sell such district. pull-tabs and tipboards on the premises. (c) In all such cases, the planning com iss on (2) Use of the licensed premises shall be by shall be consulted for advice concerning e ro- means of a written lease agreement between posals for consistency with the city's com re n- the licensee and the charitable organiza- sive plan and zoning ordinances, and t pl n- tion. The lease shall be for a term of at ning commission shall report in writing to he least one year; a copy shall be filed with city council its findings and recommendat ons the license inspector, and also a copy must (d) Upon receipt of the report of the p an 'ng be kept on the premises and available for . commission, the council's committee des gn ed public inspection upon request. Leases shall to hear license matters shall fix a date fo pu lic be governed by the following: hearing to consider the petition or pro osa to a. Maximum rent that may be charged is create or expand a commercial developm nt is- one hundred dollars($100.00)per week. trict and afford an opportunity to all affec ed er- b. Rental payments may not be based on _ sons to be heard.The city clerk shall caus no ice a percentage of profits from gambling. of the hearing to be published once in the o� ial c. The charitable organization may not newspaper of the city, and mailed notice the eof � reimburse the licensee for any license shall be given by the department of fina ce nd fees or other gambling-related expenses management services to all owners of lan wi in incurred by the licensee. the new or area of the expanded distri t. b- d. The only form of gambling that shall lished notice and mailed notice shall be ad at be permitted on the licensed premises least twenty (20) days in advance of th pu lic shall be pull-tabs and tipboards approved hearing. by the license inspector. (Ord. No. 17238, § 1, 5-9-85; Ord. No. 175 1, 8, e. Pull-tabs and tipboards shall only be 4-19-88) sold from a booth used solely by the Supp.No.4 2189 §40921 LEGISL N CODE charitable organization, and pull-tabs (7) The licensee shall be responsible for the and tipboards shall neither be sold by charitable organization's conduct of selling � employees of the licensee nor sold from pull-tabs and tipboards. The city council . the bar service area. may suspend the licensee's permission to � f. The construction and maintenance of allow gambling on the premises for a pe- the booth used by the charitable orga- riod up to sixty (60) days for any violation nization shall be the sole responsibil- 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 per including the licensee or the charitable or- mitting the licensee to terminate th ganization. A second violation within a lease if the charitable organization i twelve-month suspension, and any additional found guilty of any violation of state o violations within a twelve-month period shall local gambling statutes, ordinances o 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 shall revocation of the on-sale liquor license. permitted to sell pull-tabs and tipboards (Ord. No. 17321, § 3, 12-31-85) the licensed premises of a Class A esta - Cross references—Gambling, Ch. 270; lawful gambling, � lishment, no more than two (2) organiz - Ch.402;bingo halls,Ch.403;game rooms,Ch.406. tions at separate times in a Class B est - lishment,and no more than two(2)charita le Sec. 40922. Charitable gambling regulations. organizations shall be permitted to sell p 1- tabs or tipboards on the licensed premi es The sale of pull-tabs and tipboards in on-sale of a Class C establishment, provided t y 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 by he in Minnesota Statutes,chapter 349,the following charitable organiaation for any licens or regulations and qualifications must be complied pernut fees,and the only compensation w ich with by all such charitable organizations: the licensee may obtain from the cha ta- (a) Must be a nonprofit charitable volunteer ble organization is the rent fixed in the organization whose primary function is the lease agreement. support of athletic activities, including the (5) The licensee must commit to a minimu o following activities: Acquatics, baseball, bas- twenty (20) hours of sales of pull-tabs an ketball, boxing, football, gymnastics, golf, tipboards for the charitable organizati n. � hockey, skiing, soccer, softball, speed and figure skating,tennis,volleyball and wres- (6) As a qualification `'�r removal of the per tling. The council may, at its discretion, mission to allow the sale of pull-tab an include nonprofit charitable volunteer or- tipboards on the licensed premises, t e 1' ganizations whose primary function is the _ censee must demor.strate to the licen e i support of youth activities other than ath- spector that at least one thousand d lla letics after an initial six-month period, pra ($1,000.00) in gross gambling rev nu vided such organizations meet all other re- weekly are generated in a Class A sta - quirements of the charitable gambling lishment, two thousand dollars ($2,0 0.0 ) ordinance. in a Class B establishment, and tw th - (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 � �. �f= �'� ,�. .. LICENSES �40923 (c) Must have been in existence fo th ee (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 scho 1 a letic of the•net profits from selling of pull-tabs ; program, either public or privat and tipboards to be distributed to other youth athletic organizations to be expended for such (e) Must file with the license inspe tor nnu- lawful purposes as specified in Minnesota ally a list containing the name a d ad- Statutes, Chapter 349. dresses of all current members. (s) �e charitable organization shall not use a (fl Must use gambling proceeds only for outh pull-tab or tipboard which does not return athletic activities. If the organiz tio gen- to the players a minimum percentage of erates funds for other uses, it ust keep seventy-five (75) percent, nor a maximum separate and accurate accountin r ords percentage of eighty(80)percent,which per- of all gambling receipts and disb e nts. centage shall include free plays awarded. (g) Must file financial reports weekl wi the (t) The charitable organization will be respon- license inspector. sible for the booth and other equipment (h) May not have a gambling licens in ore used in the operation as a deductible ex- than two(2)Class A establishme s a d no pense of the charity. more than one Class B or Class C tab- (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § lishment in the City of St. Paul. 1, 3-10-88) Cross reference—Lawful gambling,Ch.402. (i) Must exhibit and sell pull-tabs and ipb ards in a method as required by th li nse ��• ��• �d established;administration. inspector. (a) There is hereby established a special fund (j) May be required to demonstrate t th city for the administration and distribution of the pro- council that the majority of their tot 1 in- ceeds contributed by charitable gambling in on- come is given to youth athletic ac "vit s. sale liquor establishments as specified in this chap- (k) Workers or managers may not di lg the ter.Monies in this fund may be expended only for number of or the dollar amount of he in- such lawful purposes as set forth in Minnesota ners at any time. Statutes, Chapter 349, and shall be expended 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 a of lishments. three dollars and thirty-five cent ($ .35) (b) The city council shall appoint a city-wide per hour (federal minimum wage an no charitable organization and youth or adult repre- more than five dollars($5.00)per our sentatives from each of the city's recreation dis- (n) Shall comply with all the provision of in- 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 all not representatives, shall by resolution adopt rules exceed fifty dollars($50.00)per we k. and regulations governing the administration of (p) Shall register with the state gambli g b d the fund,eligible applicants and appropriate uses all equipment and supplies used n li- for the funds.These rules shall include the following: censed on-sale liquor establishmen . (1) Applicants for funding must be incorporat- (q) Shall post in a conspicuous place r les nd ed, nonprofit organizations formed for the regulations concerning charitable g mb 'ng P�'Pose of supporting youth sports and ath- as required by the license inspecto letic programs. Booster clubs organized for Supp.No.4 21si §409.23 LE ISL TNE CODE a recreation center or a specific sport ay (4) Gambling managers may not receive more be eligible, but organized school tea s, than fifty dollars($50.00)per week for com- whether public or private,will not be eligi le. pensation for services as a gambling man- _ (2) Applicants shall provide information sett ng ager. — forth its stated purpose, number of par ci- (5) All gambling managers must successfully pants served, area served and reasons hy complete a training program established the funds are needed. by the city, which training program shall (3) Funds may not be used for capital exp s- include state charitable gambling laws, city es, nor for salaries or travel expenses, ut charitable gambling ordi�.ances, accounting may be expended for an individual or te m procedures, record keeping and reporting representing the city or state in a stat or procedures and methods. national championship tournament. (Ord. No. 17321, § 6, 12-31-85) (4) No organiaation operating charitable g m- 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 b sis provision of this chapter, a bona fide nonprofit only. charitable, religious or veterans organization may (6) Organizations receiving funds shall file ith obtain on-sale license to sell wine not exceeding the city�nancial 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 re_port 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 in on- tence for at least three (3) years may obtain on- sale liquor establishments unless licensed by he sale license to sell intoxicating liquor for consump- city as provided herein and compliance with he 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 se sales on premises other than premises the licen- shall be made at tl:e office of license 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 hundred ol- intoxicating liquor catering services with the holder - lars($100.00). of a full year on-sale intoxicating liquor license (2) Gambling managers shall meet all th re- issued by the City of Saint Paul.The fee for such quirements of Minnesota Statutes, C ap- license shall be one hundred thirty-five dollars ter 349, and must file proof that a ten t ou- ($135.00)per day, and shall be issued for not more sand dollar ($10,000.00) fidelity bond has 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 c ari- table organization's gambling operatio for (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 � � ��h LICENSES §41026 inspector and shall contain such infor at on as subject to the provisions of these chapters govern- specified by the inspector,including the ollo ing: ing Class II licenses.The inspector shall make all (1) The name, address and purpose of e or- referrals as provided by Section 310.03, but the _ ganization, together with the n m and 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 tempor 1 cense license on a timely basis. is sought, together with the pl ce, ates (Ord. No. 17459, § 1,5-28-87; Ord.No. 17569, § 4, and hours during which wine or nto icat- 6-7-88) ing liquor will be sold. (3) Consent of the owner or mana r the �c. 409.26. Intoxicating liquor; presumptive premises, or person or group wi h 1 wful penalties. responsibility for the premises. (a) Purpose. The purpose of this section is to (4) Evidence that the applicant has obt ined establish a standard by which the city council and has in force a bond in accord nce with determines the length of license suspensions and Section 409.06(j),and liability ins ra e in revocations, and shall apply to all on-sale and off-sale licensed premises. These penalties are pre- accordance with Minnesota Statu es 986, sumed to be appropriate for every case; however, Section 340A.409. the council may deviate therefrom in an individ- (d) Application of other prouisions oFt is hap- ual case where the council finds and determines ter. No other provisions of this chapter sh 11 ply that there exist substantial and compelling rea- to licenses granted under this section,ex ept Sec- sons making it more appropriate to do so. When tions 409.06, 409.07, 409.08 (except cla ses (11) deviating from these standards the council shall and(12)), and Sections 409.09 through 4 9.1 . provide written reasons which specify why the penalty selected was more appropriate. (e) Class II license. Notwithstanding a y her provision of law to the contrary, the te po ary (b) P�'esumptiue penalties for uiolations. Adverse wine and liquor licenses provided in thi se ion penalties for convictions or violations shall be shall be administered as a Class II lice se, and presumed as follows: Type of Violation Ist Violation 2nd Violation 3rd Violation (1) Commission of a felony related o t e li- Revocation NA NA , censed activity (2) Sale of alcoholic beverages while ice se is Revocation NA NA under suspension (3) Sale of alcoholic beverages to de -age 5 consecutive Revocation NA _ person days suspension — (4) Sale of alcoholic beverage to in oxi ated 5 consecutive 15 consecutive Revocation person days suspension days suspension (5) After hours sale or display of lco olic 3 consecutive 9 consecutive Revocation beverages days suspension days suspension (6) Refusal to allow city inspectors r p lice 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 2193 §410.26 LEGISLAT E ODE Type of Violation st Violation 2nd Violation 3rd Violation (8) Permit person to leave premises with alco- consecutive 9 consecutive Revocation holic beverages d s suspension days suspension ' (9) Failure to make application for license re 1 consecutive 45 consecutive Revocztion newal prior to license expiration date d ys suspension days suspension (10) Violations of city ordinances pertaining t consecutive 15 consecutive Revocation fire or building or health codes d ys suspension days suspension (c) Computation of time. For the purpose of de- (c) Off-sale licenses shall permit the licensee af termining the number of occurrences of violations, such nonintoxicating malt liquors to sell same in the council shall consider a violation as a second original packages for consumption off the prem- occurrence if it occurred within eighteen(18)cal- ises 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 to prohibit the sale and delivery in original pack- curred within thirty (30) calendar months of th ages directly to the consumer by the manufac- second violation. turer or distributor of nonintoxicating malt liquors. (d) Other penalties. Nothing in this section shal �e) No off-sale license shall be issued for any restrict or limit the authority of the council t suspend up to sixty (60) days, revoke the licens , place where nonintoxicating malt beverages shall impose a civil fine not to exceed two thousan be sold for consumption on the premises. dollars ($2,000), to impose conditions or take an (�. "Nonintoxicating malt liquor" is any fer- other adverse action in accordance with law; pr - mented malt liquor, potable as a beverage, con- vided, that the license holder has been afford taining not less than one-half of one percent('/z of an opportunity for a hearing in the manner pr - 1%) alcohol by volume nor more than three and vided for in Section 310.05 of this Code. two-tenths(3.2)percent alcohol by weight. (Ord. No. 17556, § 1, 4-28-88) (Code 1956, §§ 310.01, 310.17, 31020) Sec. 410.02. Fees. Chapter 410.Nonintoxicating Malt Liquor Before the filing of an application for either of Sec. 410.OL License required; definitio s; the licenses hereinbefore provided for, the appli- ' exceptions. cant shall deposit with the license inspector the sum of two hundred fifty dollars ($250.00) if the (a) No person shall sell nonintoxicating lt application is for an on-sale license, and the sum liquors at retail in Saint Paul without a licen . of fifty dollars($50.00) if the application is for an (b) On-sale licenses shall permit the lice ee off-sale license, and the inspector shall thereupon � for the sale of said nonintoxicating malt liq ors deliver to such applicant duplicate receipts there- to sell such for consumption on the premises. n- for, containing a statement of the purpose for sale licenses shall be granted only to restaur ts, Which such deposit was made, and one of said . hotels,bona fide clubs, establishments for th ex- receipts shall be attached to and filed with said clusive sale of nonintoxicating malt beverages an application. establishments licensed for the exclusive sa e o (Code 1956, § 310.03; Ord. No. 16843, 10-20-51) intoxicating liquors. ' Sec. 410.03. Licensing requirements. 'Cross refereaces—Liquor and beer regulations ge era ly,Title XXrv; intoxicating liquor, Ch. 409; use of be r an (a) Application. Any person desiring either of intoxicating liquor prohibited in motion picture drive-i the - the licenses as hereinbefore described shall first tres, §416.os(b). make an application therefor to the council of the Supp.No.4 2194 'WM�TE •— CITY CLERK PINK — FINANCE . C I TY O A I NT PA IT L Council GANARV ,-CsEPARTMENT . � --(� BIUE —MAYOR File NO. � Citp Attnq/P�B . • ' O IZGLIZCP. Ordinance N O.�/71,0/ i '�' f ' Presented By * � °�r= �`x� Referred To Committee: Date Out of Committee By Date - �� - Ata or ina.*�ce amendin� s�►ctions � 4�4.10, 40 .21, 4{34.LZ and 4�J9.23 of � � t�e Sai t auI Le�islative �ode tQ �zovide fo �urther re�ulation of the conduct of la�rful gambling on 3.icensed arer�ise d in privat� cZub�. TH� C�U'zyCIL t?I•' THF. CZ�'Y OF SA i3� P�4i?L �rS �JRI3AI�I: Section i. Section 4�J9.21(��) (1} f he Saint Pa�zl LegisZative Code is ?3erebg a�e:�ded to rea� as 1 oE�s : (I) Only c.�arita�Ze n rofit organizativns lice�sed L tbe Sta�e of ?-Sinr_es t to op�rate ti tioards a� u ta s � ese �� , �.e�a:eE s �4e e�.��e_=�-s a��e ae��=es aa e��g:.� a �sa�e�� e� �be �eK��! ��e� ��$ 6��y e� 8 �� Fat� e� 69A�i'��t3$@8 a ��e�� e£ ��s �e�crix s e� �$�s� Fec�� yet��I� �a�- he a2lo�ed to sell �ullta s anci tipb+�ar�s o� the licensed �r�nises. � S�ction 2. Se�tion 4J9.2.1 of �he a t Paul Le�;islative Code i� hereby , �enr�ed hy as3din; at the en exeof n�w ��.�h3ections (c) (I) , (c) (2) �nd (c) (3) to read as f I �s : COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �ng [n Favor Goswitz Rettman s�he;n�i Against BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Co•tif�ed Passed by Council Secretary BY .�y Approved by Mayor: Date Approved by Mayor for Submission to Council By BY . , �'�-� �-!� /7�/3 �� 1 �� -2a- "(c) (1) Notwithstanding a y other provision of law or ' of sections 409 . 21 and 0 . 22 of this chapter, not more than five (5) charitabl onprofit organizations ��hich qualify as ' large organ z tions ' may be permitted to conduct lawful gamblin� i the form of pull-tabs and tipboards on licensed p e ises after meeting all other . requirements of chapter 10 and 409 of the Saint Paul Legislative Code and of a other a�plicable statute, re�ulation or ordinance he term ' large organization' for the nurvose of this c anter shall mean and include any charitable nonprofi ganization c�hich has the size and resources , as e 1 as the public acceptance and drawing power, suff c' ent to dominate in the com- petition for licensed p e ' ses in which to conduct charitable gambling so s to make it difficult or im- possible for small char t le nonprofit organizations to find suitable or des r le premises in which to raise funds by charitab e ambling. ' An charitable nonprofit or�anization i) whose annua gross revenues for the immediatel as ' scal or ca en ar year rom - a sources are in exce s , , or ii w ose annua mana¢ement an a mi istrative ex en itures or its current bud et year a in excess o ti3 , , , or iii twenty- ive pe ce t o or more o �a ose net nro its rom c arit gam ing are or ave een istri ute in at east t ee o t e ast ive vears to anot er nonpro it or c rita e organization o w ic it is a oca c a te or su si iary, s a e �resume to e a ar e o oration. e computation o t e a ove o ar amo nt s a e the total for both the charitable non ro it organization in question and any other uc organization, if such other or�anization: (i) has the power to ap oint a majority of the governing body o t e organization in _ question; • (ii) has or exercis s he authority to direct or control th w rk of the officers or employees of the rg nization in question; (iii) provides half r ore of the gross revenues of the orga iz tion in question; or � � �D�zr . ��-"� � iy�i3 -2b- (iv) franchises or c a ters the organization in ' question, or permits t e organization in question to use its name and/ r organizational symbols in the conduct of the n -raising activities of the organization in ques i n. (c) (2) No endorsement he on-sale license shall be � granted to any on-sale li ensee for a large organization until thirty (30) days af er the effective date of this ordinance. If there a e ore than five qualified anplicants for such en or ement, the counE�T shall by motion set a future re 1 r council meeting date at which five such applic nt shall be selected for the issuance of the liquor en orsemerits authorized herein. Such selection shall b b lot in accordance with the procedures indicated i s ction 409 . 16(e) (2) (excepting the paymerit of the spe ia issuance eXCise tax) . Not less than thirty (30) ay after one of such endorse= ments is revoked, deni d r lapses for any reason, the Council may establish d te for random selection among .. otherwise qualified ap li ants as provided above. If the number of applican s t any time is equal to or less than five, or less tha t e number needed to bring the total of such endorsem nt issued to five, then the Council may issue such en orsements in the regular manner. (c) (3) The lar�e organ za ions authorized to operate �in on-sale licerised premi es as provided for in this sub- section (c) shall be r qu'red to comply taith 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 bs as provided by section 409 . 21(r) ." ection 3 . The existing section 4 9. 21(a) of the Saint �Paul Legislative Code is herehy reriumbered t e read as sectiori 409. 21(a) (1) , and the following new section 4 9 . 21(a) (2) is hereby adopted: y� �lR� " �. � � ,�',�'-�-� � /7��3 `�� 51�' � -3- "(a) (2) In the event th p rmission of any charit- - able nonprofit organiza i to conduct lawful gambling on the license p emises is terminated by the licensed establishm nt on whose premises the organization was . conduc i said gambling, or in the event such organiza io terminates its lawful gambling, as a result o c ercion, pressure or � unreasonable or unlawfu c nduct by the licensee or its employees , the o -s le licensee shall not be able to make applica io for a gamblin; endorse- ment for a new charitab e , onprofit organization to take the place of th f rmer organization until one year after disconti ua ce of all gambling activity on the license p emises by the fonmer or�;anization. " Se tion 4. Section 4(�9. 22 of the S in Paul Legislative Code is hereby amended by deleting subsecti ns (a) , (b) , (f) and (j) ; by renumbering the remaining su se tions in said section 409 . 22 ; and by adding a ne�a subsecti n o read as follows : " ( ) Shall ex end at le st fiftv-orie vercent or more o its net procee s ro c aritable amblin at Saint Pau ocations to or o rnoses which bene it pro- rams or activities occ rr n in Saint au or w ich directly bene it substa ti l num ers o Saint Pau resi ents . S ction 5. Section 409.23(a) of th S int Paul Legislative Code is hereby amended to read as fo lo s : - "(a) There is hereby es ab ished a special fund for � the administration and is ribution of the proceeds contributed by charitab e ambling in on-sale liquor establishments as speci ie in this chapter. Monies �!!�a � � � � . � r�'�-�'�� y�� -4- in this fund may be e e ded only for such lawful purposes as set forth n �iinnesota Statutes , Chapter 349 , and shall be expe d to assist youth a�k�e��e organizations which ar t selling pull-tabs and tiuboards in licensed s blishments . " ection 6 . Section 409. 23(b) (1) o t e Saint Paul Legislative Code is hereby anended to read as f 11 ws : "(1) Applicants for fu di g �ust be incorporated, nonnrofit organization f rmed for the purpose of supporting youth s�e�� a � a�k�e�}e programs . Booster clubs organize f r a recreation center or a snecific sport ma b eligible, but organized school� teams , whether ub ic or private, will not be eli�ible. Evidence th t �an or anization has � .. � been reco nize t e IR as exemnt rom taxation nursuant to U. S . C. 5 or is usin an or ani- zation so reco riize a a isca a ent s a e acce te as nroo that it is a non ro it or` ani- zation; ut suc evi e ce is not t e exc usive metho o estab is in no ro it status . ection 7 . Section 404. 10(6) of t e aint Paul Legislative Code is ' hereby amended to read as f 11 ws : "(6) Teri ercent (10%) of the proceeds received from the oam ing activity ay e ��e�}ded ex�y �e �ksse e�gas�$a�}eas aa� ae�� }� es e��g�b�e �.�de� �ee��ex - 4A9-��{a3 �shall� be pai �t �the Fund est�ablished under section �40 . o �t e i t Pau Le is ative Co e. � � �(�S . .- . �'�3=�,,5-a-�,� . � /yG/3 -5- e tion 8 . — Section 404. 10(17) of th S int Paul Legislative Code is hereby repealed. Se tion 9 . � Section 409 .21 of the Sa n Paul Legislative Code is hereby amended by adding a new subse t' n (d) at the end tYiereof, to read as follows : � "(d) No charitable organ' z tion, whether a large organization, exempt un r state law, licensed by the State of Minneso a r issued a gambling permit under any ordina ce shall sell pull-tabs and/or tip boards in mo e han three (3) estab- lishments licensed by t e ity of Saint Paul for the sale of intoxicatin 1 quor in accordance ��ith section 409 . 22 ; gr vi ed, however, that no such or�anization may o er te in a second estab- � lishment until it has b e in full operat�.on for at least three months i e first establishment, nor operate in a third s ablishraent until it has been in full operation o at least three months in both the first and s c nd establishments . " S ction 10. � This ordinance shall �C ke effect and be in force thirty • (30) days following its pas ag , approval and publication. ection 11 . Section 2 of this ordi a ce shall be effective commencing as provided herein, and te i ating on December 31, 19°O , . such ' � 11�6 '��WHITE `- CITV CLERK COU11C31 " CANARV-DEPARTMENT r.X - f -"L�� ~`� . 91UE -MAVOR GITY O SAINT PAUL File NO. � �`� - -� �'r . OJZGLJZCe Ordinance N O. ��I V'' �� / Presented By � Referred To Committee: Date Out of Committee By Date _,�_ section to �ave no force o ffect after suc� �ate u.*�less reenacted or extended by t e enactment of an ap�ropriate ordinance. COUNCIL MEMBERS Yeas Nays �•' Requested by Department of: Dimond �� `'� In Fav Goswitz Re't[man ; Scheibel `"' Against BY Sonnen Wilson r- . Adopted by Council: Date - Form Approved by City Attorney f"--tified Passed by Council Secrefary gY ay f`..• t .�--=�'.,..�.. _ Approved by Mayor• Date /, ' Approved by Mayor for Submission to Council By BY ; � ; � l�'�'�c � ��. � � � ; �� ; � ; I �� =�- y . 609.74 CRIMINAL CODE F 1 3 10232 i { . ' ; (2) Interferes wit , o structs, or renders dangerous for passage, any public high_ ;,� � '±; ! ' way or right-of-way, w ers used by the public; or �-�; :a.. � 's' (3) Is guilty of a ot er act or omission declared by law to be a public nuisance ��,. and for which no sen nc is specifically provided. = 3 � ' History: 1963 c 3 a t 1 s 609.74; 1971 c 23 s 74; 1986 c 444 �� _ _; i i = i � 609J45 PERMITTI G UBLIC NUISAIVCE. i ' � Whoever having ont ol of real property permits it to be used to maintain a public � ; � : nuisance or lets the s me owing it will be so used is guilty of a misdemeanor. � � ' Histo ry: 1963 c 3 t 1 s 609.745; 1971 c 23 s 75; 1986 c 444 � :: ; ; : � t; 609.746 INTERFE N E WITH PRIVACY. t ,� ;' Subdivision 1. Su eptitious intrusion. A person who enters upon another's � - $ + " property and surrept' iou ly gazes, stares,or peeps in the window of a house or place - : , ; ;. : of dwelling of anoth w' h intent to intrude upon or interfere with the privacy of a ` ' member of the hous ol is guilty of a misdemeanor. . ' � " 1�� ' Subd. 2. Intrus on privacy. A person who,with the intent to harass,abuse,or ;� 4 �'.: _;,, threaten another, re ate y follows or pursues another, after being told not to do so •„� '''� ' by the person being llo ed or pursued, is guilty of a misdemeanor. ,"� `�. ' � History: 1979 c 58 19,• 1987 c 307 s 4 ;� , ;,.: F . � �•� '�� ' GAMBLING - f:�J ' ��;. '.,' � F 609J5 GAMBLIN ; D FINTTIONS. r Subdivision 1. tt ry. (a)A lottery is a plan which provides for the distribution ' ��` .' . r her reward or benefit to ersons selected b chance from ;�. ,..� �.: : o f m o n e y, p r o p e rt y p y , , �';� , among participants m or all of whom have given a consideration for the chance of 4;: ' �° ' being selected. �� `�' (b) An in-packa e c ance promotion is not a lottery if all of the following are met: '� .�; : } ,� j (1) participatio is vailable,free and without purchase of the package, from the ; ` retailer or by mail o toll free telephone request to the sponsor for entry or for a game �" iece• �,�.� P , � ��' (2) the label of he omotional package and any related advertising clearly states ' �� ' . �� - any method of parti ipa ion and the scheduled termination date of the promotion; �� ,�; , (3) the sponsor n r quest provides a retailer with a supply of entry forms or game �;� .�` �� pieces adequate to p rm free participation in the promotion by the retailer's custom- � �?�-: ' ers; �;� � (4) the sponsor oe not misrepresent a participant's chances of winning any prize; -r; x � (5) the sponso ran omly distributes all game pieces and maintains records of - � . � }. random distributio for t least one year after the termination date of the promotion; _ (6) all prizes ar ra domly awarded if game pieces are not used in the promotion; t . ., and _ �� ' � (7) the sponso pro 'des on request of a state agency a record of the names and . , , _ ` ' ' addresses of all win ers f prizes valued at$100 or more,if the request is made within i� ' ' one year after the t rmi ation date of the promotion. �+ :`� .� (c) Except as ro ' ed by section 349.40, acts in this state in furtherance of a lottery conducted o tsi e of this state are included notwithstanding its validity where conducted. `' (d) The distri tio of property, or other reward or benefit by an employer to �� ' persons selected b ch ce from among participants who have made a contribution � ; ��.� through a payroll o pe sion deduction campaign to a registered combined charitable #� , ; organization,withi th meaning of section 309.501, as a precondition to the chance �t('a , of being selected, i no a lottery if: i '. 3 �� { ' "��,�� ' , � � . _ EJ f. �'r '� I ��} ,s, �9 �� e-3�,.', . - . . t � 10232 ]0233 CRIMINAL CODE OF 1963 609.755 �.�� high. (1) all of the persons eligible t be elected are employed by or retirees of the �'' employer, �� (2) the cost of the property or her reward or benefit distributed and all costs associated with the distribution are b rne by the employer, and (3) the total amount actually exp nde by the employer to obtain the property or other rewards or benefits distributed b the employer during the calendar year does not exceed$500. Subd. 2. Bet. A bet is a bargain wh eby the parties mutually agree to a gain or ublic ��i loss by one to the other of specified mo ey, roperty or benefit dependent upon chance � although the chance is accompanied b so e element of skill. � � Subd. 3. What are not bets. Th foll wing are not bets: � �?; (1) A contract to insure, indemni , g arantee or otheiwise compensate another ' ,i for a harm or loss sustained, even tho sh t e loss depends upon chance. her's -;y� (2) A contract for the purchase r s e at a future date of securities or other �lace ,: commodities. of a �^ (3) Offers of purses,prizes or prem um to the actual contestants in any bona fide �i contest for the determination of skill, s eed strength, endurance, or quality or to the �e,or :4:;; bona fide owners of animals or other p pe y entered in such a contest. lo so r;. (4) The game of bingo when cond cte in compliance with sections 349.11 to _�';z 349.23. �?'` (5) A private social bet not part of r in idental to organized,commercialized,or systematic gambling. ��° (6) The operation of equipment or e onduct of a raftle under sections 349.11 � to 349.22, by an organization licensed b the charitable gambling control board or an „� ; organization exempt from licensing und r se tion 349.214. ition ;�- � ��) Pari-mutuel betting on horse cin when the betting is conducted under iom � chapter 240. . ;e of �: Subd. 4. Gambling device. A ga bli g device is a contrivance which for a z� consideration affords the player an opp un ty to obtain something of value, other than free plays, automatically from the ac ne or otherwise, the award of which is met: ��'; determined principally by chance. ��e '��' Subd. 5. Gamblin lace. A ambli B P g g p ce is a location or structure,stationary �e or movable, or any part thereof, wherein as ne of its uses, betting is permitted or ��=�. promoted, a lottery is conducted or assist d o a gambling device is operated. y� Subd. 6. Backet shop. A bucket sh is place wherein the operator is engaged ates ^;�, n; in making beis in the form of purchases r s es on public exchanges of securities, �e commodities or other personal property or ture delivery to be settled at prices om- � dependent on the chance of those prevailin at t e public exchanges without a bona fide purchase or sale being in fact made on a ar of trade or exchange. .1Ze� - Subd. 7. Sports bookmaking. Sports oo aking is the activity of intentionally s of receiving, recording or forwarding within ny 0-day period more ihan five bets, or ion; offers to bet, that total more than $2,500 o an one or more sporting events. _ History: 1963 c 753 art 1 s 609.75;197 c 9 7 s 1;1976 c 2 s 152,•1976 c 239 s 126; ion; 1976 c 261 s 14;1978 c 507 s 4,5; 1981 c 1 s • 1983 c 214 s 34-36,• 198.�c 216 art 2 s 17 subd 3; 1984 c 502 art 12 s 22,• 1985 c 26 2; 1986 c 467 s 29,• 1988 c 705 s 2 and h� 609.755 ACTS OF OR RELATING TO G LING. Whoever does any of the following is g ilty of a misdemeanor: �f a (1) Makes a bet; or te� (2) Sells or transfers a chance to partici ate in a lotte ry; or _ta (3) Disseminates information about a 1 tte with intent to encourage participa- ` tion therein; or ion i . �ble ' �4) Permits a structure or location own d o occupied by the actor or under the nce , actor's control to be used as a gambling plac . History: 1963 c 753 art 1 s 609.755; 197 c 2 s 76; 1986 c 444 � E �. � • � � I � ` 609.76 CRIMWAL CODE O 1963 10234 ' I �� : 5 ;i 4 ' 609.76 OTHER A RE TING TO GAMBLING. � � Subdivision 1. Gr ss isdemeanors. Whoever does any of the following may be �� i sentenced to imprison ent or not more than one year or to payment of a fine of not � �' i more than $3,000, or b th: � (1) Maintains or o era es a gambling place or operates a bucket shop; � �� , ; (2) Intentionally p rtic pates in the income of a gambling place or bucket shop; �� ; ; (3) Conducts a lot ry, r,with intent to conduct a lottery,possesses facilities for ` � '; y doing so; � #` � 4 Sets u for us for he u ose of amblin or collects the roceeds of an � ` � ) P P I'P S S� P , y ;:�: ; ; ' ' gambling device or bu et hop; ` � � ' (5) With intent th t it shall be so used, manufactures, sells or offers for sale, in � ��t"� whole or an art the eof, an amblin device includin those defined in section � <,.� , ' � '� YP Y8 g g + 349.30,subdivision 2, nd ny facility for conducting a lottery, except as provided by ' � ! section 349.40; or �. #.� ; � „ £ ' (6) Receives, reco ds, r forwards bets or offers to bet or, with intent to receive, , � + � record, or forward bet or ffers to bet, possesses facilities to do so. ' 4 t � ' a felonbd. 2. Felony am ling. Whoever engages in sports bookmaking is guilty of Y " � � �' History: 1963 c 75 ar 1 s 609J6; 1981 c 126 s 4; 1983 c 214 s 37; 1984 c 628 art � ?r'=, ". ' 3 s 11 � ...�: :._ ; . ,�' ' , -�;;:Y';�!;, . 609.761 OPERATIO S ERMITTED. �' ' Notwithstanding s cti ns 609.755 and 609.76,an organization may conduct law- F:�-_� ' ; , ful gambling as defined'n s ction 349.12,if authorized under chapter 349,and a person - :. � , _ _��`'�`t ° may manufacture,sell, r o er for sale a gambling device to an organization authorized � ;:,Y1' . ! under chapter 349 to c nd t lawful gambling,and pari-mutuel betting on horse racing ""� ', : may be conducted un er c apter 240. t � � � � • History: 1978 c S 7 s ; 1983 c 214 s 38; 1984 c S02 art 12 s 23; 1986 c 467 s�0 � :�=<, � �� 609J62 FORFE F GAMBLING DEVICES, PRIZES AND PROCEEDS. ..>; "' � Subdivision 1. rfe re. T'he following are subject to forfeiture: ,�;. . ��,'�.` (a) Devices used r i ended for use, including those defined in section 349.30, F:: 1;• . �` ' subdivision 2,as a ga bli device,except as authorized in sections 349.11 to 349.23 s �`¢ �` and 349.40; �. :T.-._,,,.:.�'� . . (b) All moneys, te s,and other property used or intended for use as payment � i ' ' to participate in gam ing r a prize or receipt for gambling; r:... ,`:� ; d h products and materials,including formulas,microfilm, (c) Books,records, �;_ '_ �', tapes, and data used r in ended for use in gambling; and � Y � (d) Property use or tended to be used to illegally influence the outcome of a ; horse race. � ;'� : Subd. 2. Sei . roperty subject to forfeiture under subdivision 1 may be t , ; seized by any law e for ment agency upon process issued by any court having i :f .; , jurisdiction over the rop rty. Seizure without process may be made if: � 1�:� ; (a) the seizure is nci ent to an arrest or a search under a search warrant; - � ,' �; ; ` ; (b) the property s bje t to seizure has been the subject of a prior judgment in favor i`''` � :, of the state in a crim' al ' junction or forfeiture proceeding; or t: r � (c) the law enfor me t agency has probable cause to believe that the property was ; , used or is intended to e ed in a gambling violation and the delay occasioned by the �rS�� : � necessity to obtain p oce s would result in the removal, loss, or destruction of the �s�fi 3 � � i property. � Subd. 3. Not s je to repievin. Property taken or detained under subdivision f�� : i � . 2 is not subject to a r ple in action,but is considered to be in the custody of the law �;��; < ? ' ! en forcement agency s bje t on ly to t he or ders an d decrees o f t he court having juris d i c- f ' tion over the forfeitu e p ceedings. ` � , : � ; ; � j t f ,: �� ; ,i � �P �� I 10235 CRIMINAL CODE OF 1963 609.77 Subd. 4. Procedures. Property must e f eited after a conviction for a gambling � violation according to the following proc ur : � � (a) a separate complaint must be file aga nst the property describing it,charging its use in the specified violation,and speci yin the time and place of its unlawful use; (b) if the person charged with a ga bli g offense is acquitted, the court shall dismiss the complaint and order the pro rty etumed to the persons legally entitled to it; and � (c) if after conviction the court finds he roperty, or any part of it, was used in violation as specified in the complaint, sh 1 order that the property be sold or ✓ retained by the law enforcement agency or fficial use. Proceeds from the sale of forfeited property may be retained for offi ial se and shared equally between the law 1 enforcement agency investigating the offe se volved in the forfeiture and the pro- 1 � secuting agency that prosecuted the offens in lved in the forfeiture and handled the Y x forfeiture proceedings. Subd. 5. Exception. Property may ot seized or forfeited under this section �, if the owner shows to the satisfaction of he ourt that the owner had no notice or , knowledge or reason to believe that the p ope y was used or intended to be used in �f # violation of this section. �;„�_ History: 1983 c 214 s 39; 1986 c 444 � ,t _„�: '�'-� � CRIMES AGAIN T PUTATION �:-,T -,�. �� '`ri.�...: � 609.765 CRIMINAL DEFAMATION. Subdivision 1. Definition. Defamato , m tter is anything which exposes a person ° ,'� or a group, class or association to hatred, ont mpt, ridicule, degradation or disgrace d -::s in society, or injury to business or occupa ion. g '� '' Subd. 2. Acts rnnstituting. Whoever 't knowiedge of its defamatory character ;� orally, in writing or by any other means, om unicates any defamatory matter to a � t;�� third person without the consent of the pers n d famed is guilty of criminal defamation and may be sentenced to imprisonment fo no more than one year or to payment of �• a fine of not more than$3,000, or both. Subd. 3. Justification. Violation o sub ivision 2 is justified if: >> " (1) The defamatory matter is true an is ommunicated with good motives and 3 -'x for justifiable ends; or F (2) The communication is absolutely ri eged; or lt I�'% (3) The communication consists of fai co ment made in good faith with respect ';�:•_� to persons participating in matters of publ c c cem; or °+ (4) The communication consists of a f ir a d true report or a fair summary of any - judicial, legislative or other public or of$c' 1 p ceedings; or a (5) The communication is between p o each having an interest or duty with respect to the subject matter of the commu ica 'on and is made with intent to further � such interest or duty. �g Subd. 4. Testimony required. No p rso shall be convicted on the basis of an oral communication of defamatory matter exc pt upon the testimony of at least two other persons that they heard and understo d th oral statement as defamatory or upon �r a plea of guilty. - History: 1963 c 753 art 1 s 609.765; 1 4 628 art 3 s I1; 1986 c 444 � NOTE:See section 588.20. ie 1e 609.77 FAISE INFORMATION TO NE S EDIA. - Whoever, with intent that it be pubi he or disseminated and that it defame �n another person,communicates to any new ap r, magazine or other news media,any �W statement, knowing it to be false, is guilty f a isdemeanor. ,� History: 1963 c 75j art 1 s 609.77; 19 c 3 s 77 .'� � . PAGE 1 OF 2 E , INC. � " 1141-�3 Rice �treet-17 ' �� Kuby's Place •� • ID� 1332473 �y��'�� -� 10660 1-30-86Liq Liab-Transcontinental � On Sale Liquor S00892 1-31-87 # CCP 0655721, Exp. 1-31-87 On Sale Liquor-C 16216 1-31-88 1-30-85 Great American Ins Co. �� Su day On Sale Liquor 58f350 1-31-89 Bond # 6843668, Exp. CONT �.�� 9 ,� Sale Liquor c 16216 1/31/89 2-19-86 AMENDED-Liq Liab- �y� :;;:;�:::::� � Transcontinental, #CCP0662013 v ale Liquor-C 16216 1-31-90 E 1_31_87 - .:.. �� un ay On �Sale Liquor 16216 , 1-31-90 XP• , 1-7-87 Liq Liab-Transcontinental � #CCP1660786, Exp. 1-31-88 � -�jX � �/2�I�7 'H 4� appn Lor Gambling Loc. G AP�.P.OVED�C.r^. 87-225 1/2&/88 Transcontinental Liq. Lia. #.rCF1660786 Expires 1/31/89 �j.14/88 PH on appn for Sunday Liq Lic 'APP'D C.F.88-�967 L-- __ _---_- -.-.- -- -_ - - - ........._ . 1-26-89 Liq Liab-Transcontinental - , ~ ~ 17�.j,_113 ,;tjce Stree #CCP2740423, Exp 1-31-90 � g ��$ �`:'� •f:� � - � ID# 1°32�73 C :;�Qn a Liquor Z�fr. Appn: 3422 1-31-79# . �_ �� T r. from Kuby's, Inc., C.r. 271865, 10-5-78 �� On Sa Liquor 4796 . 1_31_80 °p.�"��n e i,i�uor 1tS�� 1-�jl-tS2 G Sa e Liquor 1296 1-31-83 0 S e Liquor : �:'G1 1-31-�'� �_�_7� ::�pn. ?.affert�r� Tnc. trfr. On S e Liquor R10979 1/31/85 r,1 `�a1e ;�iquor T��cense from :�uby's, 0 Sa e Liquor R162�6 1-31-$6 �:1�. ��s� 9-6-78 (Rafferty, Inc.) State Surety Co. Bond �� None Exp.-1-31-79 , and Continuous �- - — - - -- 1-17-79 Continental Casualty Co. Bond 4�NONE Exp.-1-31-80 . --- --'-`--""-"'"'-"�-" `�--` ' 2-20-79 State Surety Cancels bond ge y� Inc. ON SALE LIQ. �F 213847 Effective 3-2-79 4�- '" �� s. �;arold J. Raffertg, Jr. 1=1�a-80 Continental Casualty Co. \ b-;.�d # 557-99-03 Exp.-1-31-81 � ,f1�3-81 Contiaental C�►s• Co• � � -' • Shirley �. P.afferty Bond # 55?-99-a3 �P• 1'�� v S oc �?arold �. ?�af�erty, Jr. 1-27-$2 Continental Cas. �o• �U�k� 3r3rley �. T�af ferty Bond # 557-99-03 Exp. 1-31-83 o- 12-27-82 Continental Cas. Co. � � Bond #557-99-03 Ex. 1-31-84 � 1�'23/84 Continental Casualty Co. ' � Bond #557-99-03 EXP• 1/31/85 3/21/89 Liq. Lia. Gibraltor Casualty �o• I certify these two pages to be true and exact #GSL0�+27�+ EXP• 1/31/85 co ies of the records of the License � Permit 1-30-$5 Great Am. Ins. Co. Bon� Division of the City of St. Paul for Rafferty, Inc. 6843668 Exp. cor�r. 1-3�-a5 Liq. Liab. Is.�6rA of Ire dba Kuby's Place at 1141 Rice Street. ;#GZ,8o6767o E�rn. 1- , , �_ ,� . i " " ��z��.�� Q � �a \ . -�.��..�� , . J T -. OD EN LIC�NSE � PERMIT DIVISION �r�a��w�:•: N1A�C��LA G. SCHILLINGER � �.�14�j�� NtJTARY PUBL_IC—MINIVE30TA :,,��F�y� RAMJSEY COUNTY My Commission Expires Mar.21,1991 i � � _. � �, �, � v \ f0 r � � < OO C/ Rf � 4- C � � t N � d 1 •r N •r � . . r L r � S.. � � L. � Y < � C1 \ i-� t r •r fC �O C C OJ •r = V 4 - � Ol +� •� Y O Y � S► •r S► � •r Vl � Z7 i� Q +� C = � � �� Z 0. w . � 0 . 3 � � . . . � b � � 'e� }� �� Q..-�-'.� ��.-a+. 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' a+5 5�_.W,:..; S 1 v i.Y� ' �..�a'y ��l T:3 ?i.:h h �$tf. 1' 4M. FV S 1.. :?.' 44'h' � . . . ' • .. � � . . . • , �.� -... _... . . ,- ..., , . .. . .. -•.y,� . . . , .. . �-,. .� . � .. � ... . . , .. �. . . .. . .. _ . ' �. - . . . ' . ' - , .. e� . �� .. . • ', .. .... .. - .-. � .' . . . . . � �� . . .�.. : .. _ . . . . . .. .;' .. : . �' - .. .. �.'. ♦. .'� � .-. � �...i '. � '� ..}., . - , . , �'4l° �.i �� .. � . . . . . . ' .. - . � , . . . . ' ' . . � . . ' •,... .. � . , . . .. . . . � " . . �� —��(' i � — ��. CIT TTORNEY �r'(J ADVE S ACTION � � � �x I ENSE Date: March 21, 1989 RE: Kuby' s/Illegal Gambling The following is a list of similar as s that may prove useful to you in reaching your decision on the case f re you today. Name of J' S City Council Establishment Offense R commendation Penalt Im osed ARCADE BAR Illegal gambling & commended 9 days ll day suspension before hours sales � mbling 9 days 9 days gambling /hrs sales 2 days B/hrs sale 7/1/gg 7/21/88 AWADA' S SAR Illegal gambling /A 3 day suspension 10/3/88 DAHIR' S BAR Illegal gambling /A 3 d�y/�spension 8 EASY STREET WEST Illegal gambling /A 1 day suspension 12/16/89 GABES BY THE PARK Il.legal gambling /A 1 day suspension GRAND CENTRAL Illegal gambling ecommended 3 day 6 day suspension uspension 8-25-8$ �28/gg c .c . departed up- ward because the illegal gambling occurred on 5 separate days over a period of 2 mos Appeal decision pending. MIKE' S BAR Illegal gambling /A LETTE�'. OF REPRIMAND 1/5/89 Subsequent viola- tions shall count as a second vio- lation for pur- poses of deter- mining the pre- sumptive penalty. � CITY T RNEY �J�- �� ` ADVERS A TION LI EN E Date: March 21 , 1989 2 RE: Kuby' s/Illegal Gambling The following is a list of similar ca es that may prove useful to you in reaching your decision on the case be or you today. Name of L ' S City Council Establishment Offense e ommendation Penalt Im osed RICCI' S LOUNGE Illegal gambli g N/A 3 day suspension 1/24/89 WALLACE' S WEST SIDE BAR Illegal gambli g N/A 3 day suspension - 9/20/88 YANNARELLY' BAR Illegal gambli g N/A 3 day suspension 1/5/89 ��'-�� v�=�� MA� 2 7 1989 �1�11�T� .�� , �,�.�.,<,,, , ..,....w�...:..�...,.....•.«..d,.....��.....�.v�—: ,.ww;c�s.+s.a::;nar�r+u:::w�.-:�a:�ura:.i�.,s. 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Ta � F i�y� �J4 ... � �ii � f�'2'4 1 t'/ s s �:�`�� ,z&?^+ 'I` � �4N r9l�Y }"\ �M�'...f �h' .. �,' F .� ,��'�'�y�3� }��q _ ' � w R;� '�1�f li `.%, �. �.y Y��Sy, R� 'iI � 5R ,��lf•.�� . ` t �� _:: ,}��,s'�� F',�M' �< �{ � v: !�r ,t . ��_, c«. � �a ?y� -;L ��;1C��s:"�fi .:�, S ; ��! '+"�,E�'r ` .�+.-.;,y�s � � `. '� ,._: � `ii� t� � } ��^� ,�, ::� z �� " �*� � �,,�' :, •.:Cj O ; � x"� , - N;�$� `� � 0 Z�N�M �• , �' �� , .... : t ` � � �p• i ' 1 +l, '� ' 4 _. � ��' �4t? . H . �.`. � ti �� : � � ` ` 1 .a � _ � .,� u . �4 r - � zi+xK _�_ �`�.t� � �. �� " r Y:• . , , . � �,�. �� N � �ip.�� . L �...._. x�s:;. � _ �v�m� � i .. cV 4 �`'fw.'. � �F� �t'" r� a O ��- ': $-'7 O�F' ��`�-� �: •,� p a � � MH `� . :Y .;� ,'S. .. r .. . . . . . ... y,�� . . . S��'T�. ��•h�L,*�� CITY OF SAINT PAUL ��~o ''� �� OFFICE OF THE CITY ATTORNEY o ��, '�r 1111�1�11 II �`" M(�(� �� ^;� 1-Isn�� EDWARD P. STARR, CITY ATTORNEY '�`'''rr��m°'fi,��'' l��l�� 647 City Nall, Saint Paul, Minneso[a 55�02 r 612-298-5121 GEORGE LATIMER MAYOR March 24, 1989 Mr. Stephen D. Swanson Office of Administrative Hea i gs Fifth Floor, Flour Exchange u' lding 310 Fourth Avenue South Minneapolis , Minnesota 554 5 RE : Kuby' s Bar Dear Mr . Swanson: I enclose a copy of Lt. Wing r' s letter, which was sent to all on-sale intoxicating liquor i ense holders in Saint Paul . This is to be included in th earing record as Respondent' s Exhibit 1 , pursuant to stipu a ion at the hearing on March 21, 1989. Also enclosed for the hearin ecord are photocopies of City Exhibit 3 and 8-1 , which was w' thdrawn in lieu of photocopies thereof, also by agreement o he parties . Very truly yours , . . �' r� PHILIP . BYRN Assistant City Attorney Encs . cc : Harold J . 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