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89-847 WHITH - CITV CLERK PINK - FINANCE G I TY� O F S I NT PA U L Council . CANARV - DEPARTMENT 4 � BLUE - MAVOR File NO• _ � I City Attny/P13B • • � ou ci esoluti �� - �.��. Presented B , Ref red To Committee: Date Out of Committee By Date � RESOLVED, that all of t e icenses , including the on-sale and Sunday on-sale intoxicat ng liquor, entertainment, restaurant and Class C Gambling endorse en , held by Two D, Inc . , dba North End Depot, for the premises t 638 Rice Street in Saint Paul, are hereby suspended for a p ri d of 15 days , commencing on the second Sunday following publ ca ion of this Resolution; and that on or before May 31, 1989, t e icensee shall through an offic�r of the corporation contact L . onald S . Winger, Vice Unit, Saint Paul police, and make approp i e arrangements to work with the police department to receive t ining or written instructions for each employee in how to iden i and recognize false identification cards , and in how to deal wi h customers not having identification or presenting false identifi a ion. FURTHER RESOLV�D, that h Report of the ALJ (a copy of which is attached) dated April 4, 1 8 , with its Findings of Fact, Conclusions of Law, �.ecommen a ion and P�emorandum, is expressly ratified and adopted as the r' tten findings and conclusions of the Council . This P.esolution is base n the record of proceedings before the Administrative Law Judge, ncluding the hearing on March 30, 1989, the documents and exhi i s introduced therein, the arguments and statements of counsel fo he parties , and the deliberations of the �ouncil in open sess ' n The downward departure is based on the reasons set forth in h Memorandum of the ALJ Report, which , is adopted as the written s t ment of the Council . A copy of this Resolut'on as adopted, shall be sent by first - class mail to the Administr ti e Law Judge, and to counsel for the licenseholder. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond ��s [n Favo Goswitz Rettnoan � Scheibel A gai n s t BY Sonnen Wilson Y � � � Form Ap o ed.by City torn Adopted by Council: Date /�ZG � Certified Yass d y ouncil Secr ry By — `� 7 sy � tapprov d IVlavor: D �Y � a � N Approved by Mayor for Submission to Council By By @UBItSt�D P1!AY 2 7 1 8� C.. � 1 ' � r A' ��.. � �,- �'�� 1 :.�p1L6 DU�Np+l.'. W'�•� I �*1858'* . . STA E O F M I N N ESOTA ��E�VED OFFICE F A MINISTRATIVE HEARINGS FIFTH F 00 FLOUR EXCHANGE BUILDING APR o�1989 0 F URTH AVENUE SOUTH MI NEA OLIS,MINNESOTA 55415 CITY CLER� (612)341-7600 Ap il 6, 1989 � Albert B. Olson City Clerk St. Paul City Council 386 City Hall ' St. Paul , Minnesota 55102 Re: In the Matter of the Liquor Lice ses of the North End Depot; OAH Docket No. 8-2101-3196-6. Dear Mr. Olson: Enclosed is the duplicated tap o the hearing in the above-referenced matter which Philip Byrne has requ st d in all license cases. The official record was returned to you on Apri 4. Si erely, � -�'YZ��'1�<�� `'��C.�:2,�'a�z.� AN RA A. HAVEN ff ce Services Supervisor el phone: 612/341-7642 sh Enc. AN EGIUAL OPP R NITY EMPLOYER �. � `- � ' , , � 8-2101-3196-6 . I� �� STATE F INNESOTA �/� � OFFICE OF ADM NI TRATIVE HEARINGS FOR THE CITY 0 S . PAUL, MINNESOTA In the Matter of The Liquor FINDINGS OF FACT, Licenses of the North End Depot CONCLUSIONS AND RECOMMEND�ATION STAT O MINNESOTA OFFICE OF A I ISTRATIVE HEARINGS 5th Floor lou Exchange Building 310 F urt Avenue South Minneap lis, innesota 55415 ( 12) 41-7600 SnLD TO . Philip Byrne Invoice No.: 3200 Assistant City Attorney gilling Date: 4-6-89 � • 647 City Hall I St. Paul, Mn. 5�102 File No.: i 8-2101-3_96-6 (CITY) Rev. Code: 359 Quantity Descrip ion Unit Price Total Amount 1 Tape North End Depot Tape $1. 65 Mr. Donald J. Paster, r. Mitchell J. West f�ECEIV �o D, Inc. d/b/a/ Nor h nd Depot, 1538 Rice Transfer Street St. Paul, Mn. 5 117 Fee 5. 00 $6 . 65 ppR 0 71 S9c�ty of St. Paul - Liq or License Matter C�'�Y CL K HRG: 3-30-89 Tap # 056 This tape is a copy of th original recording of the hearir�g. A68 APID 19800 : 00-90 Do not pay from this i vo ce, 5ee monthly bill ' ng. � . . . _____ • _ _ '_�� . .�� """'�"� . .vv��.I�.� u�� u � \.�1.YY14111. (B) license consolidated under licens n mber R-16100. The North End Oepot is located at 1638 Rice Street in St. Paul , Minnesota. \ � � � 7.' � There are compelling reasons fo deviating from the presumptive a� p� ' penalty contained in § 409.26 of the t. Paul Legislative Code. �� D�� Based on foregoing Conclusions, nd or the reasons set forth in the v' Memorandum attached hereto, the Admi is rative Law Judge makes the following: RECO ME OATION IT IS HEREBY RECOMMENDED that th 1 quor licenses held by Two 0, Inc. , d/b/a North End Depot, be suspended or fifteen consecutive days. Dated this 7� day of April , 1989. � S�7'L/� °G�"' JON L. LUNDE Administrative Law Judge Taped (No transcript prepared) N TICE - Pursuant to Minn. Stat. § 14.62 s bd. =1 , the St. Paul City Council is required to serve its final decisio u on each party and the Administrative Law Judge by first class mail . M MO ANDUM The Licensee has been charged w'th the sale of alcoholic beverages to two under=aged persons in violation of he St. Paul Legislative Code, § 409.08(2) and Minn. Stat. � 340A.503, subd. 2 (1 88) . At the hearing, the Licensee stipulated that the sale was made s i reflected in the report prepared by Sergeant Kempe (City Exhibit 4) . ic see also stipulated to the admission of _ that report into evidence for the ur se of establishing the violations charged and presented no evidence n i s own behalf. Its counsel argued that revocation is not an appropriate s nc ion for the violation and noted that the establishment's owners are now in he process of attempting to negotiate its sale. License revocation is the pres mp ive penalty for a second violation of the prohibition against the sale o a coholic beverages to under-aged persons when the second violation occurs w th n eighteen calendar months after the first violation. Since the Decemb r 8, 1988 violation occurred less than eighteen months after the first vi la ion, the presumptive penalty here is revocation. Nonetheless, revocati n s not recommended. At the hearing, the City Attorney argued that a fiftee -d y suspension should be recommended in this case. His proposal was based on the fact that the City Council is now engaged in the process of reviewi g e presumptive penalties set forth in � § 409.26(b) of the Code, the fact th revocation is an extremely harsh sanction, and the fact that the C un il recently elected not to revoke the liquor licenses of a licensee aft r he second violation of the same liquor laws. In In the Matter of Hawke L uor Store Inc. , Docket No. 50-2101-3065-6, the City Council le ted to impose a fifteen-day suspension on a licensee who violated the prohi it on against the sale of alcoholic -3- ' ' Y • �� bever�ges to under-aged persons twi e 'n one eighteen-month period. Even �� ` though the Licensee here did not a e t to justify the violation that occurred, the Administrative Law Ju ge is persuaded that the City Council should attempt to impose sanctions in uniform manner and should not revoke the license of one establishment fo e same kind of violations for which another establishment receives onl a ifteen-day suspension. Given the desirability for uniformity� the fa t hat the City Council is considering changes to the presumptive penaltie i the Code, and the recommendations of the City Attorney� it is concluded ha a fifteen-day suspension should be imposed in this case. J \ lIll tI[IIRp� ..... � , •� / �� 1 �'� .. S?'°o , � X f_�. ' �' � �� lJ •'oi�euyno Q, . . � � (]� �.��: .?n. t ';�t � .H :��r� '-_� '� '�itt�j�.l8k 4 �mu�u�� STATE O M I N N ESOTA OFFICE OF DMI ISTRATIVE HEARINGS ��E�VED FIFTH FLOO , FL UR EXCHANGE BUILDING 310 UR H AVENUE SOUTH ppR 0 51989 MINNE POLI ,MINNESOTA 55415 �s, ,sai.�soo CI�Y CLERK Apr 1 , 1989 Albert B. Olson City Clerk St. Paul City Council 386 City Hall � St. Paul, Minnesota 55102 Re: In the Matter of Th L quor Licenses of the North End De ot Dear Mr. Olson: Enclosed and served upon yo by mail, please find the oriainal Findings of Fact, Conclusions and R co endation, copies of which have been served on all parties. I am closin o r file in this matter and am returning the official record to you. Sincerely, ��.�.-�- �� °�d� Louise C. Young Office of Administrative Hearing Enclosure cc: Dick Copeland Philip B. Byrne AN EQUAL O P TUNITY EMPLOYER �' ;- � �� - STATE Of MINNESOTA) `� ) ss. COUNTY OF HENNEPIN) RECEIYED AFFIDAVIT OF SERVICE BY U.S. MAIL qPR 051959 CI�Y CLEK1� Louise Young, being first du y worn, hereby deposes and says that on the 4 tih day of Apri 1 1 89, at the City of Minneapolis, county and state aforementioned, she served th attached Findincrs of Fact, Conclusions and Recommendation ( 8-2101-3 9 -6) by depositing in the United State il at said City of Minneapolis, a true and correct copy thereof, properl e veloped, with first class postage prepaid, and addressed to: S�. ?'aul City Council Dick Copeland Attn: Albert B. Olson 4524 Highway 61 City Clerk White Bear Lake, MN 55110 386 Citv Hall St. Paul, MN 551Q.2 Philip B. Byrne Assistant City Attorney City of St. Paul 647 City Hall St. Paul , ��N 55102 Subscribed and sworn to before me this ��` day of , 1 89 � � �� Notary Pu li � LA VON REGAN NOTARY PUBLIC-MUJNESOTA � � HENNEPIN COUNTY MY COMMISSION EXPIRE9 3�304 � ,,, ,�; . �` ' ' ��_�- >'°�- � a.. , �',; — (;�C.. � c ,','•rr c� �` � `� � T`" `7 a c. - / !'r - : � ` � l' 8-2101-3196-6 �{fi�- ��. 4�� .. a� �_, _ �- .- y �cEiveo STAT 0 MINNESOTA OFFICE OF A I ISTRATIVE HEARINGS pPR 0 519 FOR THE CITY OF T. PAUL, MINNESOTA C1�1C CLEKK In the Matter of The Liquor FINDINGS OF FACT, Licenses of the North End Depot CONCLUSIONS AND RECOMMENDATION The above-captioned matter cam o for hearing before Administrative Law Judge Jon L. Lunde, commencing at 0: 5 a.m. on March 30, 1989, in Room 1504, City Hall Annex, 25 West Fourth St ee , St. Paul, Minnesota. The hearing was held pursuant to a Notice of Heari g ated February 3, 1989. The time of the hearing was changed with the agree en of all parties. The record closed at the conclusion of the hearing on M rc 30, 1989. Dick Copeland, 4524 Highway 61 W ite Bear Lake, Minnesota 55110, appeared on behalf of Two D, Inc. , d/ /a North End Depot (Licensee) . Philip B. Byrne, Assistant City Attorney, Ci y of St. Paul , 647 City Hall , St. Paul , Minnesota 55102, appeared on beha f f the licensing division of the City of St. Paul . This report is a recommendatio o ly. It is not a final decision. The St. Paul City Council will make a in 1 decision in this matter after a review of the record. The council may ad pt reject or modify the Findings of Fact, Conclusions and Recort�nendation con ai ed herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the Ci y Council shall not be made until this report has been made available to he parties to the proceeding for at least ten days. An opportunity must be ff rded to each party adversely affected by this Report to file exceptions and pr sent argument to the City Council . The parties should contact Albert B. 0 so , City Clerk, 386 City Hall , St. Paul , Minnesota 55102, to ascertain the pr cedure for filing exceptions or presenting argument. STAT ME T OF ISSUE The issue in this case is whet er or not a bartender employed by Licensee sold beer to two minors at the Nor h nd Depot on December 28, 1988, in violation of § 409.08(2) of the St P ul Legislative Code and Minn. Stat. § 340A.503, subd. 2, and if so, th d sciplinary action that should be taken. Based upon all the files, reco ds and proceedings herein, the Administrative Law Judge makes the fo lowing: FIN IN S OF FACT 1 . Two D, Inc. , d/b/a North nd Depot, holds an on-sale liquor license, a Sunday liquor license, a Class I E tertainment license, and a restaurant (6) license consolidated under lic ns number R-16100. The North End Depot is located at 1638 Rice Street in St. Pa 1 , Minnesota. . 2. Based on complaints alleg'ng that liquor was being sold to minors at the North End Depot, Mark Kempe, a se geant in the Vice Unit of the St. Paul Police Department, conducted an in es igation of the Licensee's establishment on December 28, 1988. Two eightee y ar old law enforcement students, Shannon Larkin and Kelley Bren, assisted S rg ant Kempe with the investigation. 3. On December 28, 1988, Bre a d Larkin accompanied Sergeant Kempe to the North End Depot. They arrived at approximately 6:30 p.m. Bren and Larkin entered the establishment first. er eant Kempe entered about two minutes later. After Sergeant Kempe came 'n, Bren walked to the bar and ordered two Miller Lites. The bartender on du y, Jerry M. Huot, served Bren the two cans of beer she ordered and took payme t or them. Huot never asked Bren for any identification. 4. The Licensee's on-sale in ox cating liquor license and all other licenses it holds for the premises at 1638 Rice Street were previously suspended for a three-day period i J ly 1988. The suspension was imposed by a City Council resolution adopted n une 17, 1988. The City Council 's action was taken because a bartender empl ye by the Licensee at the North End Depot sold an alcoholic beverage to a pe so under the age of twenty-one years of age on March 31 , 1988. (Exhibit 6 . Based upon the foregoing Findi gs of Facts, the Administrative Law Judge makes the following: ON LUSIONS 1 . That the St. Paul City Co nc 1 and the Administrative Law Judge have authority to consider the issues r is d by the Notice of Hearing and to take adverse action against the liquor ic nses held by the Licensee under Minn. Stat. § 340A.415 and 14.50 (1988) nd Chapters 310 and 409 of the St. Paul Legislative Code. 2. That the Notice of Hearin d ted February 3, 1989, is proper in all respects and the City has complied wi h all relevant substantive and procedural requirements of statute an rule. 3. On December 28, 1988, two mi ors were sold alcoholic beverages at the Licensee's establishment in violat on of Mi�n. Stat. § 340A.503, subd. 2(1 ) and § 409.08(2) of the St. Paul Le is ative Code. 4. That the City has the bur en of proof to establish liquor license violations for which adverse actio i proposed by a preponderance of the evidence. 5. That the City met its bur en of proof with respect to the sale of beer that occurred on December 28, 19 8. 6. That under § 409.26(b) of th St. Paul Legislative Code, the presumptive penalty for a second v ol tion of the statutory prohibition against the sale of alcoholic beve ag s to under-age persons is the revocation of the license. 2- � 7. There are compelling reas ns for deviating f rom the presumptive penalty contained in § 409.26 of t e t. Paul Legislative Code. Based on foregoing Conclusions a d for the reasons set forth in the Memorandum attached hereto, the Ad in strative Law Judge makes the following: RE OM ENDATION IT IS HEREBY RECOMMENDED that he liquor licenses held by Two D, Inc. , d/b/a North End Depot, be suspende f r fifteen consecutive days. Dated this 'y� day of April , 1989 l,y� .!"¢.,. JON L. LUNDE Administrative Law Judge Taped (No transcript prepared) OTICE Pursuant to Minn. Stat. § 14.6 , ubd. 1 , the St. Paul City Council is required to serve its final decisi n pon each party and the Administrative Law Judge by first class mail . EM RANDUM The Licensee has been charged it the sale of alcoholic beverages to two under-aged persons in violation of th St. Paul Legislative Code, § 409.08(2) and Minn. Stat. § 340A.503, subd. (1 88) . At the hearing, the Licensee stipulated that the sale was made s i reflected in the report prepared by Sergeant Kempe (City Exhibit 4) . ic see also stipulated to the admission of that report into evidence for the ur se of establishing the violations charged and presented no evidence n i s own behalf. Its counsel argued that revocation is not an appropriate s nc 'on for the violation and noted that the establishment's owners are now in he rocess of attempting to negotiate its sale. License revocation is the pres p "ve penalty for a second violation of the prohibition against the sale of al oholic beverages to under-aged persons when the second violation occurs wi hi eighteen calendar months after the first violation. Since the Decembe 2 , 1988 violation occurred less than eighteen months after the first vi lat'on, the presumptive penalty here is revocation. Nonetheless, revocatio i not recommended. At the hearing, the City Attorney argued that a fifteen da suspension should be recommended in this case. His proposal was based n he fact that the City Council is now engaged in the process of reviewing th presumptive penalties set forth in § 409.26(b) of the Code, the fact t at revocation is an extremely harsh sanction, and the fact that the Cou ci recently elected not to revoke the liquor licenses of a licensee after th second violation of the same liquor laws. In In the Matter of Hawke e i or Store Inc. , Docket No. 50-2101-3065-6, the City Council el ct d to impose a fifteen-day suspension on a licensee who violated the prohibi io against the sale of alcoholic . r � �-- �� beverages to under-aged persons t ic in one eighteen-month period. Even though the Licensee here did not tt pt to justify the violation that occurred, the Administrative Law ud e is persuaded that the City Council should attempt to impose sanction i a uniform manner and should not revoke the license of one establishment r he same kind of violations for which another establishment receives onl a fifteen-day suspension. Given the desirability for uniformity, the ct that the City Council is considering changes to the presumptive penalti s 'n the Code, and the recommendations of the City Attorney, it is concluded th t a fifteen-day suspension should be imposed in this case. J L -4 . - ' ��E �� 'f- ��`� ,��pl _ �� -�� ;��' �•, ' � , CITY OF SAINT PAUL �; '��. �� 'OFFICE OF THE CITY AITORNEY �;!� iiii�ti�ii �= + �� „ aI D 1 • 3� q r �j EDWARD P. STARR, CITY ATTORNEY ' `'"m�,�,',.,��'°�` � 647 City Hall, Saint Paul,Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR February 3, 1989 Mr . Donald J. Paster NOTICE OF HEARING Mr. Mitchell J. West Two D, Inc . dba North End Depo 1638 Rice Street Saint Paul , Mn . 55117 RE: North End Depot , 1638 Rice St eet Dear Messrs. Paster and West: This is to notify you that a h aring will be held concerning all the licenses held at the premise stated above at the following tim e, date and place: Date: March 3�, 1989 Time: 1:3P1 p.m. Room 154l3 Ci y Hall Annex 25 W. Fourth S reet, St. Paul , Mn. The judge will be an Administrat ve Law Judge from the State of Minnesota Office of Administra iv Hearings: Name: Jon L. Lu d Address : Fifth Flo r Flour Exchange Building 310 Fourt venue South Minneapol ' s Mn. 55415 Telephone: 341-7645 The Council of the City of aint Paul has the authority to provide for hearings concernin licensed premises, and for adverse action against suc licenses , under Chapter 310 , including sections 310. P15 n 31f�. �16 , of the Saint Paul Legislative Code. In the cas o licenses for intoxicating and non=intoxicating liquor , auth rity is also conveyed by section 340A.415 of the Minnesota Stat t s. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to t e judge which m ay lead to adverse action against all the license y u hold at the above premises as follows : On December 28, 1 8 , a bartender in the North End Depot served two m n rs with beer without requesting identification, a vio ation of section 409.f�8 (2) of the Saint Paul Legislat v Code, and of Minn. Stat. section 34QIA. 5�3 , subd. 2 (1 . This is a second such violation within less than 8 months after the first (which occurred March 31 , 1 88) and carries the risk of an increased penalty un er section 4G79.26 of the Saint Paul Legislative Co e. You have the right to be rep e ented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohi i ed as unauthorized practice of law. The hearing will be conducted in accordance with the requirem ents of sections 14.57 to 14.62 of th Minnesota Statutes, and such parts of the procedures unde ection 319.Q15 of the Saint Paul Legislative Code as may be ap li able. At hearing , the Administrati e Law Judge will have all parties identify themselves for the r c rd. Then the City will present its witnesses and evidence, e h of whom the licensee or attorney may cross�-examine. The licen e may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City attorney may cross-exam 'ne The Administrative Law Judge may in addition hear relevant nd material testimony from persons not presented as witnesses who h ve a substantial interest in the outcome of the proceeding; fo xample, the owners or occupants of property located in close ro imity to the licensed premises may have substantial interes i the outcom e of the proceeding. Concluding arguments may be m ci by the parties. Following the hearing, the Judge will prepare indings of Fact, Conclusions of Law, and a specific recommenda i n for action to be taken. You should bring to the hea i g all docum ents , records and witnesses you will or may e d to support your position . Subpoenas may be available to o pel the attendance of witnesses or the production of docum en s in conformity with Minnesota Rules, part 1400.7�104J. If you think that this matter a be resolved or settled without a formal hearing, please cont c or have your attorney contact the undersigned. If a stipulat' o or agreement can be reached as � - � ��'- �'�7 to the facts , that stipula i n will be presented to the Administrative Law Judge fo 'ncorporation into his or her recommendation for Council act on If you fail to appear at tne he r ng, the allegations against you which have been stated earlie n this notice may be taken as true and your ability to chali ng them forfeited. If non-public data is received into eviden e t the hearing , it may become public unless objection is . a e and relief requested under Minnesota Statutes, section 14 6Ql subdivision 2. Very truly yours, . . 1� . 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 e rings David Feinwachs Attorney for the Licensee . � �-��- �� -;;� CITY OF SAINT PAUL n; ��. �� OFFICE OF THE CITY ATTORNEY � ��,�� ;; �: nn �u u ^a _ EDWARD P. STARR, CITY ATTORNEY '��'"�,,;,Q" .,,��"�'� 647 City Hall, Saint Paui.Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR February 3, 1989 Mr . Donald J. Paster NOTICE OF HEARING Mr . Mitchell J. West Two D, Inc . dba North End Depot 1638 Rice Street Saint Paul , Mn . 55117 RE: North End Depot , 1638 Rice St eet Dear Messrs. Paster and West: This is to notify you that a h aring will be held concerning all the licenses held at the premise stated above at the following time, date and place: Date: P�arch 30, 19 9 Time: 1:34J p.m. Room 15�3 Ci y Hall Annex 25 W. Fourth S reet, St. Paul , Mn. The judge will be an Administ at ve Law Judge from the State of Minnesota Office of Administra iv Hearings: Name: Jon L. Lu d Address : Fifth F1 r Flour Exchange Building 310 Four venue South Minneapolis Mn. 55415 Telephone: 341=7645 The Council of the City of a ' nt Paul has the authority to provide for hearings concer in licensed premises , and for adverse action against suc icenses , under Chapter 314l , including sections 319J. 05 n 310. 06 , of the Saint Paul Legislative Code. In the cas f licenses for intoxicating and non- intoxicating liquor , auth r ty is also conveyed by section 340A.415 of the Minnesota Stat t s. Adverse action may include revocation, suspension, fines nd other penalties or conditions. Evidence will be presented to he judge which may lead to adverse action against all the license y u hold at the above premises as follows : On December 28, 19 8 , a bartender in the North End Depot served two mi ors with beer without requesting identification, a vi 1 tion of section 4Q9.98 (2) of the Saint Paul Legislati e ode, and of Minn. Stat. section 34Q1A. 5P�3 , subd. 2 (1) � his is a second such violation within less than 1 onths after the first ( which occurred March 31 , 19 8 ) and carries the risk of an increased penalty u d r section 4479.26 of the Saint Paul Legislative Cod . You have the right to be repr s nted by an attorney before and during the hearing if you s hoose, or you can represent yourself. You may also have erson of your choice represent you, to th� extent not prohibit d as unauthorized practice of law. The hearing will be conducted 'n ccordance with the requirem ents of sections 14.57 to 14.62 of he Minnesota Statutes, and such parts of the procedures under s ction 31g.PJ5 of the Saint Paul Legislative Code as may be app ic ble. At hearing , the Administrativ aw Judge will have all parties identify themselves for th� re o d. Then the City will present its witnesses and evidence, ea h f whom the licensee or attorney may cross=exam ine. The 1 icens e may then of fer in rebuttal any witness2s or evidence it may i h to present, each of whom the City attorney may cross--exami e. The Administrative Law Judge may in addition hear relevant a d aterial testimony from persons not presented as witnesses who a e a substantial interest in the outcome of the proceeding; for e ample, the owners or occupants of property located in close p o imity to the licensed premises m ay have substantial interest in the outcom e of the proceeding. Concluding arguments may be ma e by the parties. Following the hearing, the Judge will prepar F' nding s of Fact, Conclusions of Law, and a specific recomm enda io for action to be taken. You should bring to the hea in all documents , recorc3s and witnesses you will or may ee to support your position . Subpoenas m ay be available to om el the attendance of witnesses or the production of docum en s in conformity with Minnesota Rules, part 14�0.7000. If you think that this mattzr an be resolved or settled without a formal hearing , please cont ct or have your attorney contact the undersigned. If a stipulat' on or agreement can be reached as . to the facts , that stipul tion will be presented to the Administrative Law Judge for incorporation into his or her recomm endation for Council ac io . If you fail to appear at t'ne h a ing, the allegations against you which have been stated earli r in this notice may be taken as true and your ability to chall n e them forfeit2d. If non-public data is received into eviden e at the hearing, it may become public unless objection is a e and relief requested under Minnesota Statutes, section 1 .6 , subdivision 2. Very truly yours, PHILIP B. BYRNE Assistant City Attorney (612) 298=5121 Atty. Reg . No . 13961 cc: Joseph F. Carchedi License Inspector Lt. Donald winger Vice Unit Albert B. Olson City Clerk Paige Purcell Office of Administrative e ings David Feinwachs Attorney for the Licensee G'�'s Exlu'bif ��i'- �'f� ' ' " � 2. � '.NSES 4 310.01 SUBTITLE A. IN GENERAL Legislatiue Code Chapter 310. Uniform License Proce ur s Class I Licenses Chapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter, any ch pte of Distributing 316 the Legislative Code pertaining to licenses h re- Amusement Rides 317 inafter mentioned, and subsequently enact d o di- Mechanical Amusement Devices 318 nances establishing or relating to the requi m ts Bill Posters 319 for Class I, Class II and Class III license un er Bituminous Contractors 320 authority of the City of Saint Paul, th te s Boarding and Roominghouses; defined in this section shall have the m ani gs Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Christmas�ee Sales 323 AdUerse action means the revocation or usp n- Cigarettes 324 sion of a license, the imposition of conditio s u on Close-Out Sales 325 a license,the denial of an application for th gr t, guilding Contractors 326 issuance, renewal or transfer of a licen e, nd Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable actio ta en plants; Laundries 327 with respect to a license, licensee or appli nt or Electrical and Appliance Repair 328 . . a license. ` Fire Alarm—Telephone Devices; � Bond means a bond meeting the requir me ts Apparatus Installers 329 of Section 310.07 and indemnifying the ity of Florists 330 Saint Paul against all claims,judgments s ts Food License 331 c�used by, resulting from or in connectio w th Fuel Dealers—Liquid Fuel 332 any licensed business, activity, premises, thi g, Fuel Dealers—Solid Fuel 333 facility, occurrence or otherwise under th se Fumigating—Pest Control 334 chapters. Gasoline Filling Stations 33� Private Fuel Pumps 336 . Building official means the supervisor f c e Hardware Stores 337 enforcement in the department of com un y House Sewer Contractors 338 services. Ice Cream Processing and Distrib- uting 339 Chapters and these chapters shall mea t is Mercantile Broker 340 Uniform License Ordinance, any chapter f t e Milk 341 Legislative Code pertaining to licenses a he e- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacte or i- Opticians 343 nances establishing or relating to the requir e ts Pawn Shops 344 for Class I, Class II and Class III licenses n r Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licenses means those licenses whi h c n Radio and Television Repairs 348 be approved and issued or denied by the i sp c- Rental of Clothing 349 tor, subject to the procedures required by'the e Rental of Hospital Equipment 350 chapters. The following licenses are so clas ifi , Rental of Kitchenware 351 and the numbers shown opposite them corr spo d Rental of Trailers 352 to the chapters in the Legislative Code pert ini g Roller Rinks 353 to each license: Sanitary Disposal 354 Supp.No.4 ' 2027 $310.01 LEGISLA N CODE '�'==�-=•��-=• . Legislatiue 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�Yucks—Service Vehicles 361 Hotel 407 Tree�Yimming 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'IYades 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 Gamb`ling License 419 �� ' �ansient Merchants 373 - Class II licenses means those licenses which Director means the director of the department must be approved or denied by the director, sub- of finance and management services, unless oth- ject to the procedures required by these chapters. erwise defined in the specific chapter, section or The following licenses are so classified, and the subdivision referred to. numbers shown opposite them correspond to the Division means the division of license and per- chapters in the Legislative Code pertaining to mit administration in the department of finance each license: and management services. � Legislative Class II Licenses Code Fee means and includes both the license fee and application fee unless otherwise provided. Auctioneers—Short Term License Chapter 390 City Gambling Permit Section 402.06 License means and includes all licenses and Soliciting Funds—Tag Days Chapter 391 Permits provided for or covered by these chapters. Temporary On-Sale Beer Section 410.10 Person means and includes any person, firm, Temporary Wine and Liquor Section 409.25 corporation, partnership, company, organization, Class III Iicenses means those licenses which agency, club or any group or association thereof. can be approved or denied only by the council, It shall also include any executor, administrator, subject to the procedures required by these chap- trustee, receiver or other representative appointed ters. The following licenses are so classified, and by law. � the numbers shown opposite them correspond to Zoning administrator means the supervisor of the chapters in the Legislative Code pertaining to ' each license: code enforcement in the department of commu- . .�. Supp.No.4 "'� 28 �;,;�`,�:;.�, ICENSES $310.02 nity services, or the official charged with re po - If a license is issued, rene�ved or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, § 510.01;Ord.No. 17303, § 3, 10- 9-8 ; 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 pe mi ted by each applicant in his application, in addi- issued pursuant to these chapters shall mak bot tion to that required by specific sections in these original and renewal applications to the ins ct chapters, as may be necessary to carry out and on such forms as are provided by the div sio . enforce any provision hereunder. He shall require Such applications shall not be received b th in every case the applicant to submit his name; inspector until completely filled out, accomp 'e business or�corporate name; names of partners, by all fees, insurance policies, bonds, de osi , of�icers,directors,shareholders or trustees involved sureties, and indemnifications or certifica s - in the business; age; address; description or blue- � quired by these chapters, together with the ce i- print of the premises,if any,and the 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 li en , � a renewal of a license or transfer of a 1 cen e (d) No reapplication within one year after de- required by the Saint Paul Legislative Co e - nial or revocation No person may apply for any less, prior to and in addition to any other r qu' e- license within one year of the denial or revoca- ments,rules or ordinances heretofore or he aft r tion of the same or similar license by the city - - required,the Ramsey County Department o Pr - epuncil, if such denial or revocation was based �,;r��:�' erty Taxation certifies that said applica t h s solely or partially upon misconduct or unfitness • paid any and all taxes, real or personal, ef e of the applicant, evidence of violations of law in- said taxes become delinquent, on any pr er , volving licensed premises, evidence that the ap- real or personal,situated within the City o Sai t plicant had been involved in the operation of a Paul and used in connection with the b in s 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 paragra , t e transfer a license to the applicant. A license is council, the director or the inspector may iss e, "similar," within the meaning of this paragraph, • renew or transfer a license if it is found th t: 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 agreeme t s t- relevant basis on which to deny or revoke a li- , isfactory to the Ramsey County atto ney to cense of the type subsequently applied for. pay delinquent taxes in periodic instal e ; (e) Reapplication after denial; "interest" o�afr (2) The applicant has properly comme ce a plicant in revoked license. An application by a proceeding to contest the amount of Y person having an interest in,or whose sharehold- due or the valuation of his proper , d ers or officers have an interest in, any premises has made all partial payments requ red y or enterprise whose license has been revoked or law in connection with such procee 'ng; or to which a license has been denied shall be treated (3) The business property with respect t wh ch as an application by the person whose license was tases are delinquent is not owned y he denied or revoked. The term "interest," as used applicant, but by a lessor, and it w uld be in this paragraph, includes any pecuniary int.er- inequitable to require the lessee to p y s ch est in the ownership, operation, management or _ taxes. profits of an establishment, but does not includFl: I..� �- Supp.No.4 2029 Q,i10.0'l LEGISLA N CODE - bona fide loans; bona fide rental agreements;bona riate, the assistance of other city divisions or fide open accounts or other obligations held with epartments in making additional investigations or without security arising out of the ordinary or the purpose of determining whether the appli- and regular course of business of selling or leas- ant is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- le ordinances and statutes.The approval of such tablishment; an interest in a corporation owning ther divisions or departments is not required for or operating a hotel but having at least one hun- ssuance of a license unless otherwise required by dred fifty (150) or more rental units holding a peci�c sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- ations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- rator or his designee for compliance with all re- ing a license. uirements of the Saint Paul Zoning Code, and o new license shall be granted without full com- (fl Prohibition on reapplication; exception. The liance with said requirements. All new applica- prohibition on reapplication herein provided shall ions involving a premises, location, building or not apply in cases where it is otherwise expressly tructure shall be referred to the director of the provided by statute or ordinance. epartment of fire and safety services and to the (�;) W�iting period after fcling of petition. Any uilding official for investigation and recom- petition required to be filed with the application endation. for any license shall not be considered as offic- Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working � days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recommenda- office. During the seven-day �vaiting period, any tions. sign�tor of any petition may withdraw his name _ therefrom by �vritten reyuest, and such request �a) Cla�s 1 licenses. Where an application for _ the grant, issuance,renewal or transfer of a Class shall be appended to the subject petition and made I license meets all the requirements of law, and � a part thereof. After the seven-day waiting peri- there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is suspension of,or the imposition of conditions upon, shown they were obtained by fraud or duress. such license,the inspector shall grant,issue,renew Signatures withdrawn or obtained by fraud or or transfer said license in accordance with the duress shall not be counted in determining the application. sufficiency of the petition. This subdivision shall apply in any case where the applicant for a li- (b) Class II licenses. Where an application for ' cense or license transfer must present a state- the grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or II license meets all the requirements of law, and percentage of persons that they have given their there exists no ground for denial, revocation or consent to the grant of the license or license transf'er. suspension of,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- _ tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in accordance with the application. applications, etc. (c) Class 1 and Class II licenses, if denied by The inspector shall determine the sufficiency inspector or director. In the event the inspector, and accuracy of each new application and obtain in the case of Class I licenses, or the director, in such criminal history information as may be used the case of Class II licenses, determines that the under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- otherwise available by law. The inspector shall fer of the license does not meet all the require- make reasonable and appropriate investigation ments of law or that there exist grounds for deni- of the premises or personal property, vehicles or al, revocation, suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector licensed activity, and shall request, where appro- or director shall recommend denial of the applica- � '.�_ '.. : Supp.No.4 "-` 203 . � ��-�� F�:-��. LICENSES §310.05 �;:a= 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 fu ly 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 uir d, � the inspector shall notify the council. A ub ic hearing shall be held by the council's com itt e �c. 310.05. Hearing procedures. designated to hear license matters on the a t, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III license . T e ments. In any case where the council may or in- council's committee designated to hear lice m t- tends to consider any adverse action, including ters may hold a hearing on the renewal f a y the revocation or suspension of a license, the im- Class III license. In any case where the ins ect r position of conditions upon a license,or the denial recommends denial of the grant,issuance,re ew of an application for the grant, issuance,renewal or transfer of a Class III license, or whe e t e or transfer of a license the applicant or licensee council's committee designated to hear lice m - shall be given notice and an opportunity to be ters believes that evidence might be recei ed t heazd as provided herein. The council may con- the public hearing which might result in cti sider such adverse actions when recommended by adverse to the application, the inspector or cou - �the inspector, by the director, by the director of cil's committee designated to hear license m - any executive department established pursuant ters shall follow tl��e procedures for notic a to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. Whe e t e or on its own initiative. application for the grant, issuance, rene al r transfer of a Class III license meets all t e r - (�) Notice. In each such case where adverse ac- - quirements of law,and where there exists no o tion is or will, be considered by the council, the . .. for adverse action, the council shall by resol tio council shall in writing notify the applicant or direct that the inspector issue said license n a - licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled to a hearing befor� the council. The notice shall (e) Appea� Class I or Class II licenses. A a be served or mailed a reasonable time before the peal to the city council may be taken by an hearing date, and shall state the place, date and person aggrieved by the grant, issuance, re w time of the hearing. The notice shall state the � or transfer of a Class I or Class II license; p � issues involved or grounds upon which the ad- ed,however,that the appeal shall have been ile verse action may be sought or based. The council with the city clerk within thirty (30) days e �ay request that such written notice be prepared the action by the license inspector or dir to and served or mailed by the inspector or by the The only grounds for appeal shall be that er city attorney. has been an error of law in the grant, issu nc renewal or transfer of the license. The a pea (c) Hearing. Where the cause for the adverse shall.be in writing and shall set forth in pa ic hearing is based upon a violation of law and there lar the alleged errors of law. The council hal is no dispute as to the facts underlying the viola- conduct a hearing on the appeal within thirt (30 tion, the hearing shall be held by the council's days of the date of filing and shall notif th committee designated to hear license matters. Oth- licensee and the appellant at least ten (10) ay erwise the hearing shall be conducted before a prior to the hearing date. The procedures set ort hearing examiner appointed by the council for in Section 310.05, insofar as is practicable, hal that purpose. The applicant or the licensee shall apply to this hearing. Following the hearing th be provided an opportunity to present evidence council may affirm or remand the matter t th and argument as well as meet adverse testimony inspector or director, or may reverse or place con or evidence by reasonable cross-examination and ditions upon the license based on the cou cil' rebuttal evidence. The committee or hearing ex- ._;t..`;:;:: Supp.No.4 2os1 $310.05 LEGI LA E CODE •�:��"=�� f••• - .�.�� aminer may in its discretion permit other inte - (fl Council a.ction; resolution to contain findings. ested persons the opportunity to present testimo 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 pr - 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 (g) Additional procedures where required Where findings of fact and conclusions of law togeth r the provisions of any statute or ordinance require with a recommendation for adverse action. additional notice or hearing procedures, such pro- The council shall consider the evidence contain visions'shall be complied with and shall super- in the record, the hearing examiner's recommend sede inconsistent provisions of these chapters.This findings of fact and conclusions, and shall n t shall include,without limitation by reason of this consider any factual testimony not previously su specific reference, Minnesota Statutes, Chapter mitted to and considered by the hearing exami - 364, and Minnesota Statutes, Section 340A.415. . er. The council at a public hearing shall provi (h) Discretion to hear notwithstanding withdrawal the applicant or licensee an opportunity to prese t or surrender of application or license. The council oral or written arguments alleging error on t may, at its discretion, conduct a hearing regard- part of the examiner in the application of the la ing revocation or denial of a license notwithstand- or interpretation of the facts, and to present te - ing that the applicant or licensee has attempted timony related to the recommended adverse a - or purported to withdraw or surrender said license tion. Upon conclusion of the hearing, and aft or application, if the attempted withdrawal or considering the record, the examiner's findin s surrender took place after the applicant.or licen- - :->, and recommendations together with such addition see had.been notified of the heazing and potential = arguments and testimony presented at the hea - adverse action. ing, the council shall determine what, if any, a - - verse action shall be taken, which action shall (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, reject pose of considering revocation or suspension of a modify the recommendations of the heazing e - license or other disciplinary action invoIving a aminer or committee. license has been scheduled befare the council, a continuation of the hearing may be granted at (c-2) Ex-parte contacts. If a license matter h the request of the licensee, license applicant, an been schedule for an adverse hearing, council me - interested person or an attorney representing the • bers shall not discuss the license matter wit foregoing,only as provided herein: each other or with any of the parties or intereste persons involved in the matter unless such di - (1) Where the request is made at least twenty- cussion occurs on the public record during t four(24)hours prior to the scheduIed hear- public hearings of the matter or during the cou - • ing,the president of the council or the coun- cil's final deliberations of the matter. cil may continue the hearing upon a show- ' ing of good cause by the party making the (d) Licensee or applicant may be represente request. The licensee or applicant may represent himse 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 receiv the scheduled hearing, the council may con- and keep a record of such proceedings, includin tinue the hearing upon a showing of good testimony and exhibits, and shall receive and giv cause by the party making the request. weight to evidence, including hearsay evidenc , which possesses probative value commonly accepte (3) Where the request is made on the day said by reasonable and prudent persons in the condu hearing is scheduled, the council may grant of their affairs. a continuance on the condition that the _ -_ �.k: - Supp.No.4 --•- 20 2 . . ��'� �� ' LICENSES §310.07 •.;;. party requesting the continuance ay o (7) The activities of the licensee in the licensed the City of Saint Paul the city's actu co ts activity create or have created a serious for the court reporter and witnesse w o danger to the public health, safety or wel- appeared for the hearing, or one h dr d fare, or the licensee performs or has per- dollars($100.00),whichever is the le ser formed his work or activity in an unsafe (Code 1956, § 510.05; Ord. No. 17551, § 2, 4 19- 8; manner. Ord. No. 17559, §§ 1, 2, 5-17-88) (g) Failure to keep sidewall:s or pedestrian ways reasonably free of sno�v and ice as required Sec. 310.06. Revocation; suspension; ad er e under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take aduerse action. The cou - (9) The licensee or applicant has shown by past cil is authorized to take adverse action a ain t misconduct, unfair acts or dealings, or by any license or permit, licensee or applican for a � the frequent abuse of alcohol or other drugs, license, as grovided in and by these chapters �Su that such licensee or applicant is not a per- ' actions shall be initiated and carried out n a - son of the good moral character or fitness cordance with the procedures outlined in S cti required to engage in a licensed activity, 310.05. business or profession. (b) Basis for action Such adverse actio m (Code 1956, § 510.06) be based on one or more of the following re son , �c. 310.07. Termination of licenses; surety which are in addition to any other reason s eci - bonds;insurance contracts. _ cally provided by law or in these chapters: �:"'•':::� �a) Automatic termination, reinstatement; re- �;:.;.:Y�:�:•_:�; (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 b ha and maintenance of insurance policies, deposits, made oral or written misstatements o mi - guarantees, bonds or certifications shall automati- representations of material facts in r a - cally terminate on cancellation or withdrawal of companying the application. said policies, deposits, bonds or certifications. No (3) The license was issued in violation o an licensee may continue to operate or perform the of the provisions of the Saint Paul Z in 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 un er chapters, and shall not be entitled to assert the material mistake of fact. acts or omissions of agents, brokers, 2mployees, (5) The licensee or applicant has failed to om attorneys or any other persons as a defense or ply with any condition set forth in t e li Justification for failure to comply with such�ling cense, or set forth in the resolution ant and maintenance requirements. In the event the 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 violated an of the provisions of these chapters, r o any statute, ordinance or regulation rea sonably related to the licensed activit , re gardless of whether criminal charges av - _ or have not been brought in connec io therewith. �`;.� : ::.y, Supp.No.4 032.1 . � ��_�'�� - ICENSES $310.09 the license is automatically reinstated on th sa e (d) Expiration date to be concurrent with term terms and conditions, and for the same pe iod s of license or permit The expiration date of all originally issued. After thirty (30) days, t e p- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his 1 ce e shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: �Code 1956, § 510.07) (1) Surety Companies: All surety bond r = �c. 310.OS. Terms of licenses;uniform dates. ning to the City of Saint Paul shall b t- (a) All licenses or permits shall be valid for a ten by surety companies authorized to o Period of one year from the date of issuance by business in the State of Minnesota. 11 i - the inspector, except as otherwise provided herein surance policies required by these ch pte s or in these chapters or in cases of revocation, shall be written by insurance com ani s suspension or termination under Section 310.06. authorized to do business in the St te f (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 �le wi h spector on or before the expiration date the ap- the City of Saint Paul in connectio wi h -: propriate license application, license fees, insur- the issuance of licenses for whateve p - ance and bonds. The inspector shall process the pose, and all policies of insurance re uir d renewal application in the manner provided for to be�led with or by the City of Sain Pa 1 in this Code. in connection with the issuance of li ns s for any purpose whatsoever, shall fi st e (c) Whenever any licensee is the holder of the . approved as to form by the city attor ey. tvq.o (2) or more licenses of the City of Saint Paul which expire on different dates, the inspector is (3) Uniform Endorsement: Each insuran p - authorized, at the request of the licensee, to de- icy required to be filed pursuant to he termine a uniform date for the expiration of all or chapters shall contain the endorseme t s t any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Paul egi - term and e:cpiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these ha heretofore or hereafter enacted. The provisions ters shall be conditioned that the lic ns hereof shall govern the issuance of any new li- • shall observe all ordinances and la s i cense to one already holding a license. relation to the licensed activity, bus es , (d) In order to conform to the foregoing provi- premises or facilities and that he shal co - sions, new licenses may be issued for a term of duct all such activities or business i co - less than one year, and the license fee therefor formity therewith. Such bonds shall als shall be prorated for the period of issuance. indemnify the City of Saint Paul ag in (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) all claims, judgments or suits cause b , resulting from or in connection wit th �c. 310.09. Fees. licensed business, premises, activity, t in , facility, occurrence or otherwise lic se �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 oFbonds and insurance req ire Code, each applicant shall pay, at the time by city. Termination of bonds and insuran r of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to es cessing charge for each and every applica- chapters shall be in accordance with the re ir tion for a license or permit to be issued by ments of Chapter 8 of the Saint Paul Legisl tiv the inspector, director or council of the City Code. of Saint Paul. ' 2033 §310.09 LEGISLA IV CODE ,.<,�,_'�._•.. . ., __A. (2) Refunds: Said two dollar fifty cent ($2.50) et when the license has lapsed by reason of processing charge shall not, under any cir- xpiration. cumstances,be refunded. Code 1956, § 510.09; Ord. No. 16884,2-11-82) (b) Fee schedule. The council may by ordinance c. 310.10. R.efunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to �a) Refund where application withdrawn or de- these chapters, and a separate fee schedule for iec�seruice charge. Unless otherwise specifically applications for such licenses and permits, which rovided by the particular licensing provisions may include fees to cover costs incurred by reason 'nvolved, where an application for any license is of the late filing. Such fees, in either schedule, ithdrawn or denied, the inspector shall refund shall be reasonably related to the costs of admin- to the applicant the license fee submitted less a istration incurred in connection with each such service charge to recover in part the costs incurred application, license or permit. Costs of adminis- in processing the application in the amount of tration shall mean and include,but without limi- twenty-five(25)percent of the annual license fee. tation by this specification, both direct and indi- �� Limitation on refun� other cases. In all other rect costs and expenses, such as salaries, wages, cases as provided in paragraph (c), the inspector benefits and all personnel costs including train- �ay'refund not to exceed one hundred dollars ing, seminars and schooling, expenses of investi- gations and inspections, handling of inquiries and «100.00) of fees received in connection with any requests for assistance, telephone and communi- jicense, permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the office capital equipment and all office supplies. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance an sonable costs of administration incurred up to - _- _ posted in the office of the inspector shall super that ti�ie in connection with said license, permit - sede inconsistent fee provisions in these chapter 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 Unles 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 pro (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of les (b)may be made to the licensee or his estate: than a year. . (1) Where the place of business of the licensee (d) Late fee. Unless otherwise specifically pr or his principal equipment is destroyed or vided by the particular licensing provisions i so damaged by fire or any other cause that volved, an applicant for the renewal of a licens the licensee ceases for the remainder of the who makes application for such renewal after th licensed period to engage in the licensed expiration date of such license shall be charged activity or business; late fee for each such license.The late fee shall b �2) Where the business or licensed activity ceases in addition to any other fee or payment require , by reason of the death or illness of the and shall be ten(10)percent of the annual licen licensee or the sole employee or manager; fee for such license for each thirty-day period portion thereof which has elapsed after the exp - or ration date of such license. The late fee shall n t (3) Where it has become unlawful for the li- exceed fifty(50)percent of the annual license fe . censee to continue in the business or licensed If any provision of these chapters imposes mo e activity other than by revocation, suspen- stringent or additional requirements for the iss - sion,denial or any criminal activity on the ance of an original license than would be the ca e part of the licensee. for mere renewal, those requirements must e (Code 1956, as amended, § 510.10) �;'�.:: -. �:.:::::- 2 34 „-�-.. LICENSES §310.11 Sec. 310.I1. Transfers; general. is provided for on the part of the transferee before (a) License a priuilege, not property. A1 lic n- any transfer of license is made effective by the ses or permits issued by the City of Sai t P ul action of approving the transfer. pursuant to these chapters or other ordina ce or (fl Transfer; definitiorz. "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 Iicensed, 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- "Transfer," 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 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 s- individual or by the members of said partnership. ferable unless the specific chapter of the Sa t (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each eci ic cation. In the case of a transfer from person to license shall specifically prohibit the tran fer of �_ person, the application for transfer shall be ac- such license. No transfer of any Class III "ce e companied by a written assignment of all rights issued by the City of Saint Paul shall be ef ecti e of the original licensee in and to the license and until the council of the City of Saint Pa 1 s shall be accompanied by a surety bond in amount approved the transfer following a public h ari g and in form required of an original licensee. by the council's committee designated to ear li- r cense matters and a resolution approvin s id `(h) Public corporations. Notwithstanding other ,__. transfer is passed, approved and publishe B h provisions of this chapter, publicly owned corpo- the transferor and transferee shall make a pli a- rations whose stock is traded in the open market tion for transfer of a license on such forms s m y may comply with the transfer requirements per- be prescribed by the division, and in acco da e taining to stock ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer ta� In all cases of transfe 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 n t e (i) A�davit of transferor. No license transfer ' amount of twenty-five (25) percent of the n 1 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 ret rn (1) That in the case of Class III licenses, the Whenever an application is made for trans r o a transferor-affiant has posted notice to all license, the amount as set out in paragn c �) employees in a conspicuous place on the shall be deposited with said application. f t e licensed premises notifying all employees transfer of license is approved,the amount ep s- of the time,place and date of hearing of the ited shall be retained by the city.If the tran fer 's transfer of the license to be held before the denied,the amount deposited shall be retur ed o Saint Paul City Council; the party depositing the same,in accordanc wi h (2) That said notice specified in subparagraph the requirements and conditions in Section 3 0.1 . (1) above was posted continuously for four- (e) Transfer ta.� exception Paragraphs ( ) a d teen(14)days; (d)shall not apply in any case when,by the er s (3) That transferor has paid all wages due and - of these chapters, payment of the full ann al i- owing the persons employed by the trans- censee fee or a prorated yearly annual lice e f e feror or that an agreement has been reached �� Supp.No.4 2035 � � �'� �'��`J §310.11 LEGISL T 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 esamina- gations pertaining to employer contributions tion by any police, fire, or health o�cer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (Code 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. R.enewal. 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 reasbn 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- r ,.�'��,��:': sentative of the estate of the deceased licensee $�c. 310�14. Savings clause. �;�,'::;,:-;' may consent to and seek to transfer said license �a) If any provision in�these chapters is held to the surviving spouse of the licensee.The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements of these chapters and existing law. tent jurisdiction, the invalidity shall extend only to the provision involved and the remainder of (k) No approval under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any • contract or agreement regarding employee bene- �� The repeal of any ordinance by ihis ordi- , fit or fringe bene�t programs; including, but not nance (which enacts the Uniform License Ordi- limited to, pension, hospitalization, medical and nance) shall not af'fect or impair any act done, life insurance, profit-sharing or holiday pay pro- any rights vested or accrued,or any suit,proceed- 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 ordinar�ces 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 CZass 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 . . 03 <��, • • ` • LICENSES 3 310.15 +.�=:�c= :'1 � .:�; ,.-t� pursuant to and under the provisions of s ch e- pealed ordinances as though they continu to e in full force and effect. (Code 1956, § 510.14) : � Sec. 310.15. Penalty. Any person who violates any provision f th se chapters, or other ordinances or laws rel in to licensing, or who aids, advises, hires, cou sel or ��a`" r , :F^ � . ::3;j�•• ' '`•,";;:.'^.':".� . \`:�� Supp.No.4 2036.1 ��-��`� • �''`,�� CENSES 3 318.01 conspires with or otherwise procures anot er Sec. 316.02. Fee. violate any provision of these chapters or th ordinances or laws relating to licensing is il The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentenced n a - (Code 1956, § 384.02) cordance with Section 1.05 of the Saint Pau Le - islative Code. The term "person," in addit on o Chapter 317. Amusement Rides the definition in Section 310.01, shall for th p - pose of this section include the individual pa - �c. 317.01. License required. ners or members of any partnership or co por - tion,and as to corporations,the o�cers,ag ts r No person shall engage in the business of pro- members thereof,who shall be responsible r t e 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 incre ses Sec. 317.02. Fee. Effective on January 1 of each calenda ye r, The fee required is one hundred dollazs($100.00) all license fees, escept building trades b in s : for each location at which such person will oper- license fees and fees for building trades ert i- ate and maintain the business of providing such cates of competency, shall increase by t e p r- rides. centage increase in the budget for the divi ion of (Code 1956, § 411.02) license and permit administration of the ep t- .- - ment of finance and management service Pr or �apter 318.Mechanical Amusement Devices . to November 1 of each year, the directo of fi- � nance and management services shall fi w th �� the city clerk a notice of the percentage in re e, �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, 1 -20 3; 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. R.eserved* contains no automatic payoff device for the re- turn of money, coins, checks, tokens or merchan- dise, or which provides no such pay-off by any Chapter 316. Animal Foods other means or manner.The term"coin-operated Manufacturing and 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 �der 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; and all other machines which,by the insertion of *Editor's note—The licenses under this chapt , de ived - from §§ 345.01-345.03 of the city's 1956 Code,we e re esig- a coin or token, operate for the entertainment or nated as Class III licenses by Ord.No.17207,adopt d Ja .31, ��ment of the player,except weighing machines. 1985,and recodified as Ch.423. (Code 1956, §§ 412.01, 412.02) 2037 WHITE - CITV CLERK C OLRC11 PINK � � �INANGE GITY� O� � AiNT PAUL ,f rl- OLVERr -MAYORTMENT File 1\O. '�� • //�'. ' f;itq' .�t�ylPr3 � • . f 0 nc�nce Ordinance N 0. / �� `�� . _ . ,� � , <. Presented By � ' . . . . . ` . '� �� J . ' . ' +` � r ., �! / t;� Referred To � Committee: Date Out of Committee By Date Ar_ ordir.�.nc � a.s�.end sectio� 31c�,�6 � o� tr.e Saint au Le�islative Cvde by � ad3in� c�arif '� lan�tia�;e cencernin� the i�a�eositio, o conditior.s . Tt±� CO�J`bC?I. G:' 'I'� CI�'Y Ox� '�I '� �'Aj.�'L �OES CR.�J1�I��: :..�:,. :• ,•,�,,� —...•.: _ . ,�.,G G Ct1.Oc"1 �. � � • Sect�on 3I0.06 of the .. i t ?'a�I Le;islative Go�e i s herQby a�:endea b,� addir_g the foll 'n r.ew subsec�io�. (c) : ,: tc) ��*i a reaso b e �as�s is roun� to i�ro�e reasona�?� v riit�cns and/oz r�stYictiars u�o:: a ��.cense is� e or iiel� ur:der tiiese cr�an�ers, ar�� on� r :nore sucli reaso�zble c��:c?i�ions and/o� e tricti.`ons ;r.ag be i�os�d ��or_ such Iicense '�o t'�e r�:r�osz of aro�-�oti�g ?u�?ic ?��.It",^;, sar t a�.d �aelrare, af a�vaae�r� tn� ;�uul c� peace �n3 t:�e �li�ir.ation of co�ri�ti�s or a t ons whic� constztut� a r�.��sz:.-�ce or a de�r r� .t to t�.e pe�ce�l � ��jo�^�en� af urba� I'fe, or �rorsating secur�.t� ar,d safet� ir_ r.ear y �i�izbor��oods. Stck�� YM�sona�Ie conditi andJor rs�strictio�.s . �..a� �:�.clude or �er a to , bu= are not li�-3ted to , COUNCIL MEMBERS � Yeas Nays Requested by Department of: Dimond �ng In Favor Gosvitz Rettman Scheibel A gains t BY Sonnen Wilson Form Approved by City Attorney � Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY . • • - - _ . . ' . . /�� _ • • -2= � . (1) a limitatio n the hours of operation of the licensed b siness or establishment, _ � or on particula ypes of activities� con= ducted in or on s id business or establish- ment; . ._ . . _ . (2) a limitatio r restriction as to the location withi t e �licerised business or establishment �• o e particular type of . activities may e conducted; . (3) a limitati s to the means of . . ingress or egr ss from the l�icensed � -• -� � - - -�-- - �- .�- establishment r ts parking� lot .or � - immediately ad ac nt area; � � (4) a requirem nt to provide off-street � parking in exc ss of other requirements ' of lat�; ` � � (5) a limitati n n the �manner and means of advertising t �operation or merchan- . dise of the li e sed establishmerit; � (6) any other e sonable �condition or restriction. li i ing the operatio�ri of � � - ---��--�- ---�the licensed b s ness or establishmerit � � � � � to -insure that t e said business or � - � establishment� ' 1 �harmonize �with �the � � --� - - - ---- -�-� - �=-=-character of t e area. in which it is ' _ . . .: .-�__ . � . located, or to p event_,the_, deve�lopment � � � - -� - - -- � �--�� - -��- -�-- --� --or continuati f� a inuisance.� . � . The inspector may . ' p se �such �conditions on Class I licenses with the on ent of the licenseholder, or may. recommend the ' p sition of such �conditions as an adverse action ga nst the �license 'or licenses ; the �director �has t e ame power with respect to Class II licenses . T e council may impose such � - � - - -conditions on C1as II licenses with the consent of the licensehold r, or upon any class of license as an adverse acti n gainst the Iicense or licenses � �,I��l� PINK - FINANCE („OUIIC31 ,! �� CANAR�'-CEPARTMENT GITY OF AINT P�UL File NO. � Y I/r�-� plUE - MAYOR . • r i �znce . , _. ` Ordinance N 0. !%•�":5/ � i, ' ' , ' i� ; ,•' r Presented By '`• _ _..f�:�._ i ? : . ..( :t - • . Referred To Committee: Date �� Out of Committee By Date -3- Tollc�c�wg �otice earin� as �uay �e requir�d. Sucz coTditions na � i�. osed on a 3.icense or licer.ses ��on issuance, re�eaa or� transfer t�erea�, or up�n and as �art of an� 3 2rse �ction a�;ai�st � Iicense c�r Zicenses , �nclud � susrensia�. �Ctj.OI2 � :Te�th�� t�:�s or�inauce � r �ny exi.st�...�g or ititure ar3ir.z�ce a�o�ted bv tbe Ci�� of �aint a� 1 to re�:Iate an3/or licerase an;� occup�tiors , �usir_e3ses or ac i ities s�a�I be coriJtru�d ta Ii�.t or Yestrict �tg �.n"►Zerer�t poli e rQtaer �o zegul�te and I�cense, �o�- to 'si:nit or rzst�ict 3n? po�r� o�zfer;ed on �t 'z�� the LTnit�d Stst�s or :^;m.zeso�a G��3titu�ions or s atut�s (or rew.Zations -�ron�,sl?atc�� t��.ere�:c3er) to so re�U.late ar / 1-�c�n.sQ, . S �i Qz � '�i� ordi�ancs shal.I. �a'_�c rect ar_d be in forca thirt� (34) �ays °�'olle?a�r.Q its E�as� a , a�vra�a? a�� •.�blication. COUNCIL MEMBERS � Yeas Nays �, Requested by Department of: Dimond � �ng � In Favor Gosw;tz Rettman Scheibel A gai n s t BY Sonnen ' Wilson ��'j � � �9�8 Form Approved by City Attorney � Adopted by Council: Date Certified Passed by Council Secretary BY By - ' . --- - • .....'.,. :' �-�:{;,� Approved by Mayor: Date ''•�-�i•' '-5 ��:�-` Approved by Mayor for Submission to Council By BY PINK - FINANCE • COl1fIC11 CANARV - OEPARTMENT � � DLVE �-'MAVOR , / GITY OF S INT PAUL File N0. '� >'- '�-� �ity,AttZ;�/?33 V • � , .-' / Or �nce ^�`• Or.dinance NO. � 7l--1� � ` � 7�..:� �i� �" �\ Presented B f:`. .t. .;. ��,.�;� r ��,<t,.��,. j - �;�— ' ��-..'� .. Y ' ' - - ` -L + ^ �L' ��, Referre�/To ~` Committee: Date � Out of Committee By ` - � ' -% � - �� ^- ` =r' "Date � �� -� '� .n 1�n ordi a ce clarif,tin� the ;�.;,,,; 3icense�ol e 's responsibili��r `''' ' , ,_ � for th2 ac i s of j2�.5 ox her . : er:s;3Zoyees n he licensed preraises�., ��o - �`� , .. � � - �i�� - L� ') . �- r� �,� . ' -. ,..;� _r,, '�.�',,yr/-� � � �`�..�OU'rICIL QF � CTTY flF SA � PATJL �ES Q?tUAI?�: � `� ; ;� _ - Se tion I � � = . � C?�apter 3iQ of t��;� Saint P I L�gislative Code is her�bv amended to sd� a new �ec�t�ian I.O.07 �o be read �.s follows : . "310.17. LicenSee` s onsibilitv. � Any ac� vr con sct y � c er , ee�r�Zoyee, �.�anager or .agent af a icensee, or by �y person providing e�n er ainmer�t or wo�ki:�g €or or on behalf of a iceitsee =,�hether � � � co�ensated or nct, F�i� c� a�t or conduct � � takes riace eit�er n ne licensed gre�ises ' . i`•' or in 2np �arking I � r other area ad�acent ,, to (or under the Ie �e or control of} t:he - l.icensed pre�ises , d k*hic� act or conduct - violates �g sta�e r e�3eral statutaa or � re;ulatiozs, or ar1� ci or�inan�e, shall be considered to be an t eat�d as the act or � : conduct of tha lice se for t�e nurpose of : advesse actic7ri agai st all or a�y of the I�cen.ses held bv su z ice:�see. To t�e � extent this sectio� i3 ir� co�flict with sections ��9.I4 and 1 .03 of t��4 Legisl3tive COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g In Favor Goswitz Rettman Scheibel A gains t BY Sonnen Wilson Adopted by Council: Date Form Approved by City Attorney . f—�ified Passed by Council Secretary BY dy Approved by Mayor: Date Approved by Mayor for Submission to Council By By PINK FINAN�E CITY OF � S INT PAITL �-ouncii ��J,_��j BCUERr,-�MAYORTMENT File NO.G / �' `� r� • . , , :r i �nce '�' -^ � Ordinance 1�0. ��l� '� � • j�' - `�!',,- ��;r - ! �./ .;y,y:' _r'..�; .'j Presented By • ��' - ' _ Referred To rf�..;�1.. .. _µ..G�;�: � �.. C�.> ,;.�,.t'`%'_=..... - _ ,�:c-'�: ...� ;y(.i`:; i/_:-.,Y � �r � ; i Committee: �Dater Out of Committee By Date _�_ Coc�.e, this sec�ion ?�a � be contr�Ilir.�; �nd �orevail; 'nut sha?.3 ct ot�erwi.se a��nc3, alter or affect suc�: sect'an ." S ction 2 This ar�in�*�ce s�all tak e fac� a..rd be in f�rce thirty da�s af�er its p�ssaae, approva? a. uaZication. r r COUNCIL MEMBERS Yeas � Nays Requested by DeparEment of: Dimond . ��g '�- In Favor Gosw;tz Rettman •; Scheibei A gains t BY _ Smreea Wilson *�`, � Form Approved by City Attorney Adopted by Council: Date ��`` � ' � � -tified Passed by. Council Secretary BY By � � �___...._ , Approved by Mayor: Date �---' �� ='��'' Approved by Mayor for Submission to Council By BY .'� . ' �'�yA f�xlz;�h.�,t' � �` �� ._3 ICENSES §409A2 (11) No licensee shall receive any mater 1 f r Sec. 409.02. Definitions. use in the licensed business from an p - son under the age of eighteen (18) e s As used in this chapter, the following terms without the written consent of the are t shall have the meanings ascribed to them in this _ or guardian of such person, which s 11 e section: kept on�le by the licensee for at lea t o e 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 reas ab a business purposes or for intellectual improvement inspection at reasonable times by rop r or promotion of sports which has more than fifty city officials as in the case of other li ns d (50) members and for more than a year owned, businesses. hired or leased a building or space in a building of such extent and character as may be suitable and (13) Licenses issued hereunder shall t e adequate for the reasonable and comfortable ac- transferable. commodation of its members, and whose affairs (Code 1956, § 341.06) and management are conducted by a board of directors, executive committee or other similar Sec. 408.06. Renewal, revocation and s - 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 licen e h s agents or employees are paid,directly or indirect- been issued hereunder may obtain renewal t er f ly, any compensation by way of profit from the by filing an application with the inspecto in i- distribution or sale of beverages to the members cating any changes in the material submitte wi h of the club or to its guests beyond the amount of the initial application. The inspector shall irc - such reasonable salary or wage as may be fixed larize the application to those officials w o and voted each year by the directors or other view initial applications and the license s 11 e governing body. granted of course by the council unless, n ' Exclusive liquor store shall mean an establish- judgment, reports from city agencies or fro t e ment used only for off sale and on sale sales of public demand a formal hearing be held. o i i- intoxicating liquor, except that, upon obtaining tial licenses shall be granted hereunder for oth r proper state or city licenses for such sales,cigars, premises except in I-1,I-2 and I-3 Industrial D' cigarettes, all forms of tobacco and nonintoxicat- (b) The council may revoke, suspend or efu e ing malt beverages and soft drinks may also be to renew the license of any person hereun er r sold in said exclusive liquor store at retail; pro- any violation of this or any other ordinance f t e �ded,further,that such nonintoxicating malt bev- city,or of any statute or regulation of the S ate f 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 Liquor* 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 liquor f r c - Hotel shall mean an establishment with resi- sumption at any time or place in Saint Pau wi - 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 pertai ing to liquor and beer,see Title XXN;nonintoxicating mal liqu r, and other suitable and necessary furnishings in Ch.410;use of beer and intoxicating liquor in drive-in mot' n 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 LEG LA NE CODE of guests on the ground floor and which empl s Sec. 409.03. Number of licenses. an adequate staff to provide suitable and us 1 (a) On-sale licenses shall be issued only to ho- service, and which maintains, under the sa e �ls, clubs, restaurants and establishments for the — management and control as the rest of the est - sale of on-sale liquors exclusively. lishment and as an integral part thereof,a dini g room with appropriate facilities for seating n t (b) Off-sale licenses shall be granted subject to less than thirty(30)guests at one time,where t e the approval of the liquor control commissioner to general public is, in consideration of paymen , 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, fermen - (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 alc �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 physi con.strued to prohibit the sale of inedicines as herein defined;nor of industrial alcohol designed for me- cians and dentists for therapeutic purposes an chanical, chemical, scientific, pharmaceutical or United States Pharmacopoeia and National For industrial purposes; nor to compounds or prepa- mulary preparations and preparations used fo rations containing alcohol, if such compounds or the mitigation of disease for external and inter- preparations are not potable as a beverage; nor nal purposes which are usually sold in drug stores shall it be construed to prohibit the sale of intoxi- and intended for therapeutic purposes and not for cating liquor for medicinal purposes by a duly beverage purposes. licensed and registered pharmacist or druggist Off-sale shall mean the sale of liquor in origi- upon bona fide prescription, in writing, by a phy- nal packages in retail stores for consumption off sician or dentist. or away from the premises where sold. (Code 1956, § 308.22) On-sale shall mean the sale of liquor by the c. 409.05. On- an es; term; glass for consumption on the premises only. fees. . Package or original package shall mean and (a) Term. All licenses for the sale of intoxicat- include any container or receptacle holding liquor, ng liquor shall be for a term of one year from the which container or receptacle is corked or sealed. ate of issuance, renewal or transfer. The date hall be determined by the inspector and entered Person shall include individuals, corporations, pon the license. � - partnerships and associations. (b) License fee� on-sal� semiannual installments. � Restaurant shall mean an establishment other he license fee for an on sale license is hereby than a hotel, under the control of a single propri- xed as follows: etor or manager,having appropriate facilities for 1) Seating capacity over 200 . . . . . $3,000.00 the serving of ineals for no fewer than fifty (50) U guests at one time. (2) Seating capacity over 100 . . . . . 2,750.00 Sale and sell shall mean and include all barters G (3) Seating capacity 100 or less . . . . 2,500.00 and all manner or means of furnishing intoxicat- id sum shall be paid in two(2)equal amounts, ing liquor or liquors in violation or evasion of t e �rst to be paid before the license is issued or law. r newed, the second payment to be made within (Code 1956, § 308.01) s (6)months from the date of issuance or renewal. 21 2 L CENSES $409.06 (c) On-sale licens� replacement after revoc tio the liquor control commissioner of the State of If,for any reason,the on-sale license in this ha Minnesota and shall file the same with the in- ter provided for is revoked by the council th spector. Such application form shall require that City of Saint Paul, no replacement license ha 1 the following information be set forth upon the - be issued until the full license fee for the ne application, and such further information as may license due for the remainder of the license ye be required: is first paid; provided, however, that in no ve t shall a licensee pay less than the applicab a - (1) The name and place of residence of the nual license fee together with the applica le i - applicant. suance tax for a license, or combination of ice - ses, during a license year. (2) The location of the premises upon which the applicant proposes to sell such liquor (d) Increase in on-sale license fe� notice to i- and an exact description, including the pro- censees. The license inspector is hereby di ect d posed floor plan and seating capacity, of to notify in writing via U.S. mail all on-s le i- �e P��place within the building struc- censees of the public hearing date for counc 1 co - ture where such sales are proposed. sideration of any amendments to this sect' n i - creasing the license fees. At said public he i , �g� �ether the applicant has ever been en- the department of finance and manageme t s r- gaged in a similar business and, if so, the vices shall present evidence to the council sho - location thereof and the date when so en- ing the relationship between the proposed ee gaged. The application shall be signed and crease and the costs borne by the city for iqu r- verified by the applicant in person and, if related regulating and policing. the applicant is a corporation,by an officer (e) License fee, o�'f-sale. The license fee or n of the corporation. off-sale license is hereby fixed at the sum of e thousand dollaxs($1,000.00). The applicant shall file with the inspector, with his application,the amount of the license fee herein (� Fees, transfers. Where a transfer of n n- �`�ed for the particular license for which he makes sale or off-sale license is approved by the un il, application. the fee to be charged shall be the prescri ed n- nual fee less a credit given for each m th or (b) Investigation; issuance; etG The license in- portion of a month remaining of the origin te • spector shall register the application in books kept (g) Late fees. Notwithstanding the provi ion of for that purpose, one for on-sale licenses and one Section 310.09, an applicant for renewa of an for off-sale licenses. He shall notify immediately on-sale liquor license shall be charged a ate ee the director of the division of public health, the in an amount of ten (10) percent of the 'ns 11- chief of police and the chief of the department of ment due for such license for each thirty ay pe- �re and safety services of the fact that such ap- riod or portion thereof which had elaps d ter plication is filed.It is hereby made the duty of the the expiration date of such license or sem an al �oresaid director, the chief of police and the fire _ period, and the late fee shall not exceed ity 50) chief to inspect and examine or have inspected percent of the annual life. and examined the premises described in the ap- (Code 1956, § 308.17; Ord. No. 16842, 1 -2 81; plication and inquire into the character of the Ord.No. 17321, § 1, 12-31-85;Ord.No. 17 28, 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 requirements. ises are suitable for such a business.Upon receipt of the reports, the inspector shall examine them (a) Application. Any person desiring lic nse and transmit them to the city council, together to sell intoxicating liquor shall make his ver ied with any recommendations which he, as such in- application in writing upon a form app ve by spector, has respecting the applicant or the place 2173 I � � " �\�� CENSES §409.06 other than the graund floor if a license has ee (4) No outside service area shall be permitted granted for sales on a floor other than such un unless the licensee provides, in addition to floor.All licenses granted hereunder shall set ort other requirements of law, safety barriers the exact location within the building stru tur or other enclosures to protect patrons from _ where such sales may be made and no sale ha any hazards, including vehicular tr�c. be permitted except in that part of the pre ise (5) No outside service area shall be located on defined in the license, except as provided i th public property or upon any street, alley or following subsections(1)through(8): sidewalk,nor shall such outside service azeas hinder or obstruct vehicular or pedestrian (1) The council may,by resolution,permi an traffic on any street, alley or sidewalk. licensee to sell or serve intoxicating li uo in areas outside the building structure hic (6) The council may deny any application for are immediately adjacent to and co i - an outside service area where it has reason ous with the structure containing t e 1 - to believe,or may revoke its permission for censed premises. Such outside service e such an outside service area where it is shall be seasonal, and shall not invol e a satisfied, that the impact of such outside enlargement of the building structure. uc service area on adjoining property will be, permission shall not be granted unle s a � or has been, any of the following: the conditions of subsections(1)throu h( ) a. Loud, boisterous or disturbing noise and all pertinent provisions of the z nin levels; code are satisfied. b. Hazardous tr�c conditions; c. Offensive,obnoxious or disturbing odors; (2) No outside service area shall be per itte d. Excessive litter; unless the licensee presents with his ppl - e. Excessive artificial lighting; cation for such outside service area a tat - f. Substantial decrease in adjoining prop- ment in writing by ninety (90) perc t erty values; or the owners and tenants of all private res - g. Any other condition inconsistent with dences, dwellings and apartment hou s 1 - the reasonable use and enjoyment of cated within two hundred (200) feet th adjoining property and inconsistent with proposed outside service area that they ha the health, safety, morals and general no objection to such service area. Me ur - welfare of the adjoining neighbors or ments shall be determined from the ro - community. erty line of the licensed premises t th property line of the residential uses pr - �7� Permission to sell and serve intoxicating . vided,however,that where the licensed re - liquor in or upon any outside service area ises is located within a shopping m 11 may be revoked by the council on three(3) shopping center the measurements ha days' notice to the licensee, pursuant to be determined from the nearest cor r 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 th not be received under oath, but must rea- _ residential uses. sonably satisfy the council as to the exis- tence of any or all of the conditions listed (3) Notwithstanding any other provision o la , ��bparagraph(6).The public hearing shall off-street parking spaces may not be re uce be conducted with such formal or informal by the establishment of an outside s ic 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 th parties have an opportunity to be heard. licensed premises together with the o id (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 LEGIS N CODE t of business. Upon receipt of such reports and rec- No license shall be granted to any person who ommendations,the council shall consider the same pens a new drug store after January 6, 1934, and shall, by resolution, grant or deny the appli- ntil such person shall have operated such store cation. ontinuously for a period of two(2)years, or shall ' Where the application is for an off-sale liquor ave purchased a drug store that shall have been license and the applicant is the holder of an on- n continuous operation for a period of two (2) sale nonintoxicating malt liquor license hereto- ears. fore issued by the city council to sell such nonin- (c-1) Public hearing; notices. No new license for toaticating malt liquor for consumption on the prem- ither on sale or off sale shall be issued until the ises,the council shall not grant such of�sale liquor ouncil shall have first held a public hearing on license until the applicant surrenders his license he application. The notification requirements to sell nonintoxicating malt liquor for consump- pplicable to license transfers or change in lieensed tion on the premises. If an off-sale license is grant- eas in Section 409.11 shall be applicable in the ed, the resolution granting it shall direct the in- suance of new licenses. spector to issue the license whenever the bond hereinafter provided for has been approved and (d) One license only. Not more than one off-sale the liquor control commissioner advises the in- etailer's license shall be directly or indirectly spector that he approves of the issuance of the ' sued to any one person or for any one place in license to the particular applicant. is city, nor shall any retailer's off-sale license If an on-sale license is granted, such resolution e directly or indirectly issued for any place for shall direct the inspector to issue the same when- hich a license of another class has been granted. ever the bond hereinafter provided for has been shall not be a violation of this paragraph for a approved. erson who owns, directly or indirectly, or who as an interest in any intoxicating liquor license Should the application for a license not be grant- i this city additionally to own directly or indi- ed, the resolution refusing the same shall autho- ctly or to have an interest in one or more corpo- rize and direct the proper city officers to refund to tions owning or operating a hotel holding an the applicant the deposit made at the time of the i toxicating liquor license in connection therewith; filing of the application. ovided, that such hotel shall have at least one No new license shall be issued for any location undred fifty(150)or more rental units. within a one-half mile radius of which there al- ready are four (4) or more premises licensed for �e� �'emises of license. No on-sale or off-sale the sale and consumption of intoxicating liquor 1 cense shall be ef�'ective beyond the compact and . on the premises; provided, however, that this re- c ntiguous 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- s le license granted for sales in the dining room opment district. o any hotel may permit sales of liquor with meals i additional dining rooms open to the public and (c) Licensee qualifacations. No license shall be ified in the license if ineals are regularly served issued to anyone other than a person over nine- t guests therein.If ineals are regularly served to - teen (19) years of age, of good moral chazacter ests in guest rooms in any such hotel, liquor and repute, nor to any person who shall be here- ay be sold in such guest rooms but only with after convicted of any willful violation of any law eals; provided, that such guest rooms must be of the United States or the State of Minnesota or s ecified in the license granted. No sales shall be any city ordinance with regard to the manufac- ade upon the premises of an on-sale licensee ture, sale, distribution or possession for sale or e cept upon the ground floor; provided, however, distribution of intoxicating liquor,nor to any per- t at this limitation shall not apply to a hotel duly son whose license under the state liquor control li ensed to sell on another floor as in this section act or this chapter shall be revoked for any will- p ovided; and provided further, that a licensee ful violation of such act or ordinance. s all be permitted to sell at a place in a building 21 4 .1 . ��\�� §409.06 LEGIS AT E CODE regard to the sale and service of intoxica (1) That the licensee will obey the law relat- ing liquor, including, without limitation b ing to such licensed business. reason of this specification, all applicabl �2� �at the licensee will pay to the munici- regulations contained in Sections 409.0 pality, when due, all taxes, license fees, ' and 409.09 of this chapter. penalties and other charges provided by (fl Zoning restrictions. No license shall be is law. sued for premises located within an area wherei such use of the premises is prohibited by the zon (3) That in the event of any violation of the ing code, nor within an area where such sales ar provisions of any law relating to the busi- forbidden by the state law or any other ordinanc 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 shal be issued for any place where nonintoxicatin (4) That the licensee will pay, to the extent of malt beverages shall be sold for consumption o the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- (h) Other required permi� No license granted sulting from the violation of any provision _ of law relating to the business for which hereunder shall be effective until a permit shall such licensee has been granted a license, be issued to such licensee by the United States i 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 issued bond. to any person in connection with the premises o another to whom no license could be issued under The amount specified in any bond required is the provisions of the state liquor control act; pro- hereby declared to be a penalty and the amount vided, however, that this provision shall not pre- recoverable shall be measured by the actual dam- vent the granting of a license to a proper lessee ages; provided, however, that the surety thereon by reason of the fact that he shall lease premises shall not be liable for any amount in excess of the of a minor, noncitizen or a person who has been Penal amount of the bond.All such bonds shall be convicted of a crime other than a violation of this for the benefit of the obligee and of all persons chapter or the liquor control act. suffering damages by reason of the breach of con- ditions thereof. Such bonds shall run to the City (j) Bond No on-sale license shall be granted of Saint Paul as obligee, and in the event of for- until a bond in the amount of three thousand feiture of any such bond for violation of the law, dollars ($3,000.00) has been furnished, approved the District Court of Ramsey County may forfeit � and filed by and with the proper city officers. the penal sum of the said bond to the City of No off-sale license shall be granted until a bond Saint Paul. in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the state li- �� Renewals: quor control commissioner and the city council, (1) An on-sale license renewal may be denied � and filed with the proper city officers. for any licensee who is delinquent in any The surety on such bond shall be a surety com- Payment or contribution to a health and pany duly licensed to do business in the State of Welfaze trust or pension trust. Minnesota, and the bond shall be approved as to (2) If on or before the expiration date of the form by the city attorney. All bonds when ap- license the licensed business has discontinued proved by the proper city or state o�cers, as the its operation or closed for any reason, the case may be, shall be deposited with the director council shall renew said license only upon of the department of finance and management the condition that the licensee shall reopen services. All such bonds, whether off-sale or on- and restore the licensed business to full sale, shall be conditioned as follows: operation within the terms of the renewed 2 76 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 an 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 ens of firearms,assault weapons or knives,as defined — within the term of the renewed lice e t 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 1 b council.Any adverse action may be considered by further renewed unless one or the ot r o the council pursuant to the hearing provisions of the above conditions has been fully e Section 310.05. provided, however, that the council ma (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business whic ha 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. not been in full operation during the rio 17172, 10-23-84;�Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises er No. 17177, 10-23-84; Ord. No. 17229, § 1,4-18-85; acquired by eminent domain or unde th Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, threat of eminent domain and the lice se 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to rel at 17328, § 2, 1-23-86) the business to another location. L}oss reference—Licensing requirements far establishments selling nonintoxicating malt liquors,$410.03. (3) Any license which is not renewed purs an . to this paragraph (k) or for any other rea �c. 409.07. Hours of sale;Sunday sales,etc. son lapses and may be reissued pursua t t Section 409.16. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until (1) License near church or schooL No lic ns $:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located wi hi between the hours of 1:00 a.m. and 8:00 a.m. on three hundred(300)feet from any public or o �y �veekday. No off-sale shall be made before chial school, church or synagogue, said three un 8:00 a.m. or after 8:00 p.m. of any day except dred (300)feet being calculated and compute off-sale shall be permitted on Friday and Satur- the distance measured from the property li o day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the loc ion New Year's Day, January 1; Independence Day, for the liquor license to the property line of ny July 4; Thanksgiving Day; or Christmas Day, De- school,church or synagogue in the area for w ich 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 Nove ber ited on such evenings, off-sale may be made until 10, 1962, the location of which license is in on- 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may be rene ed, on December 24 after 8:00 p.m. transferred or otherwise dealt with in accord ce (b) Sunday sales: with law, it being the intent of this para ph that it be applied prospectively for proposed 1 ca- (1) Notwithstanding the provisions of paragraph tions of licenses,and further it being the inte t of �), establishments to which on-sale licen- � this paragraph that the limitations set fort in ses have been issued or hereafter may be this paragraph shall in no manner be applic ble issued for the sale of intoxicating liquors to any hotel or motel.Upon written petition si ed which are hotels or restaurants and which on behalf of the school, church or synagogu lo- have facilities for serving no fewer than cated within three hundred (300) feet of the ro- ��ty (50) guests at one time may serve in- posed location of the license,the council may y a ��ting liquors between the hours of 10:00 five-sevenths vote disregard the provisions of his � a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a ch ch, conjunction with the serving of food,but no school or synagogue of a proposed licens is liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.l 177 .� .� ��_�� $409.07 LEGISL N 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 �� or ordinance. Proof of age for purchas- (1) above without having first obtained a ing or consuming alcoholic beverages may special license therefor. Such special license be established only by a valid driver s li- may be issued by the council for a period of cense or Minnesota identification card, or one year and for which the fee shall be two in the case of a foreign national by a valid hundred dollars ($200.00). Application for P�sport. A person who was born on or be- said special license shall be made to the fore September 1, 1967, may continue to council in the same manner as application P�'chase and consume alcoholic beverages for other licenses to sell intoxicating liquor and shall be treated for purposes of this are made. Legislative Code as a person who is twenty- one(21)years old. (c) No consumption or display when prohibited �3) No sale shall be made in any place or in No person shall consume or display or allow con- p� of a building where such sales are sumption or display of liquor upon the premises prohibited by state law or this chapter. of an on-sale licensee at any time when the sale of such liquor is not permitted. (4) No person under eighteen(18)years of age� (d) Private Christmas parties. Notwithstanding may be employed in a place where intoxi- any other provision of the Legislative Code, the cating liquor is sold for consumption on the license holder of premises having an c�-sale li- premises,except persons under eighteen(18) cense may once a year during the Christmas sea- Years of age may be employed as musicians son have a private party at no charge to the guests or in bussing or washing dishes in a res- after the lawful closing hours; provided, that a taurant or hotel that is licensed to sell in- written request for said party is submitted to the toxicating liquor and may be employed as license inspector thirty(30) days prior to the pro- waiters or waitresses at a restaurant,hotel posed date of the party; and provided further, or motel where only wine is sold;provided, that no sales as defined by law of intoxicating that the person under the age of eighteen liquors or nonintoxicating malt liquor shall be (18)may not serve or sell any wine. made at or during said party.The inspector shall (5) Every licensee is hereby made responsible • notify the chief of police of the date of each pro- for the conduct of his place of business and posed party. required to maintain order and sobriety in (Code 1956, § 308.20; Ord. No. 16815, 7-23-81; such place of business. Ord.No. 17037,6-30-83; Ord.No. 17162,9-27-84) �6) No licensee shall keep, possess or operate, Sec. 409.08. R.egulations generally. or permit the keeping,possession or opera- - tion of, on any licensed premises or in any All licensees hereunder are hereby required to room adjoining the licensed premises any observe the following regulations; provided,how- slot machine, dice or any gambling device ever that any such regulation which specifically or apparatus, nor permit any gambling refers to an on-sale licensee shall not bind an therein(whether or not licensed by the state), off-sale licensee, nor shall any regulation which nor permit the licensed premises or any specifically refers to an off-sale licensee bind an room in the same or in any adjoining build- on-sale licensee: ing directly or indirectly under his control (1) All sales shall be made in full view of the to be used as a resort for prostitutes or public. other disorderly persons, except that pull- Supp.No.l 2 78 L ENSES §409.08 tabs and tip-boards may be sold on lice sed tions until one hour after the parade, to premises when such activity is license by ensure that patrons do not enter or exit the state pursuant to Minnesota Stat tes, with beer or intoxicating liquor. Chapter 349, and conducted pursua t � regulations contained in this Legisl iv (11) There shall be provided in all zoning dis- Code. This exception shall not apply t es tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city for th street parking spaces for all on-sale prem- sale of nonintoxicating malt beverages, on ises as provided herein: intoxicating malt beverages and wine, an a. �ansfer or new issuance to a struc- nonintoxicating malt beverages and 'n ture newly constructed for that purpose, as menu items only. off-street parking at the rate of one Notwithstanding other provisions of thi space for each forty-five(45)square feet Legislative Code to the contrary,the un of patron area. cil may permit an on-sale licensee to per b. �ansfer or new issuance to an exist- mit the holding of a single event, suc as ing structure not previously licensed banquet, that includes the sale of for on-sale purposes during the twenty- tickets as a part of the event activity pr four (24) months preceding the appli- vided, that such events are separate ro cation, off-street parking at the rate of the public areas of the licensed esta lis one space for each forty-five(45)square ment, nor open to the general public an feet of licensed patron area minus the the raffle conducted by a charitable rg number of off-street parking spaces nization licensed by the State of Minn ot which would be required for the previ- (7) No dancing wherein the public partici ate , ous use of the same area under the and no dancing, singing or other vaud vil existing zoning code provisions. Exist- exhibitions or entertainment shall b pe - ing parking which previously served mitted on the premises of any on-s le 1 - the same area shall not be counted to censee unless such premises are duly li meet the requirements unless any are in excess of what would have been re- for entertainment. �quired for the previous use. No addi- (8) The license issued to said licensee sh 11 tional off-street parking shall be required posted in a conspicuous place in tha po - if the number of additional spaces re- tion of the premises for which the 1' en e quired is five(5)or fewer spaces. has been issued. c. Expansion of licensed azea, off-street . (9) No person shall remain in or loiter t e P�'king at the same rate as transfer or parking lot of an on-sale licensee aft r t e new issuance to an existing structure lawful closing hour. not previously licensed for on-sale pur- poses, plus twenty-five (25) percent of (10) When a licensee is notified by the oli e any parking shortfall for the existing _ department that a parade will be held ' n licensed area. "Parking shortfall" shall � one block of the licensee's establis e t, mean the difference between one space all beer and all intoxicating liquor r 1' - for each forty-five (45) square feet of uid of any type sold during the enti e d y patron floor area for the existing licensed of said parade shall be sold only in las ic area minus the number of parking spaces or paper containers. In addition, u n e- actually provided for that area. ceiving such notice,the licensee shal pl e d. "Patron area" shall mean to include a person at each entrance and each xit of all areas used by the public, and ex- the establishment at least one hou pr r cludes all areas used exclusively by em- to the time of parade, and the license sh 1 ployees for work,storage or office space. require a person to remain at thos 1 a- Supp.Na 1 2179 .: � _� ��'_�'� � §409.08 LEGISLA NE CODE e. Modification of parking requirements: ing off-street parking facilities which serve 1. The council may modify the off- 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 and tial use or residential zoning district. The upon findings made by the council screen shall be between four and one-half that granting of such modification (4�z)and six and one-half(6'rz)feet in height would not have a substantial det- and of sufficient density to visually sepa- rimental impact on the surround- rate the parking facility from the adjacent ing neighborhood. Modification, if residential use district.The screen may con- granted, shall be by resolution sist of various fence materials, earth berms, adopted by at least five (5) aff'ir- plant materials or a combination thereof. mative votes. Access by patrons to the parking facility 2. The council shall consider the ap- from an adjacent alley should generally be plication at a public hearing fol- prohibited. lowing mailed notice thereof to prop- Code 1956, § 308.23(1)—(10); Ord. No. 17015, erty owners within three hundred -28-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, fifty (350) feet of the proposed li- 0-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. censed premises. The council may 7368, § 1, 6-24-86; Ord. No. 17436, § 1, 2-24-87; require,by resolution,the payment rd.No. 17460, § 1,5-28-87;Ord.No. 17473, §§ 1, of an administrative prceessing fee ,7-7-87) for parking modification applica- tions. Applications and fees shall Sec. 409.09. Certain sesual conduct prohibited. be made to the license inspector. �e following acts or conduct on licensed prem- 3. In granting any modif'ication, the ises are unlawful and shall be punished as pro- council may attach reasonable con- vided by Section 1.05 of the Saint Paul Legisla- ditions regarding the location, de- sign, character and other features tive Code: of the licensed structure and park- (1) To employ or use any person in the sale or ing area deemed necessary for the service of alcoholic beverages in or upon protection of the adjacent neigh- the licensed premises while such person is borhood. unclothed or in such attire,costume or cloth- 4. Off-street modifications shall remain ing as to expose to view any portion of the , with licensed premises so long as female breast below the top of the areola or the chax•acteristics of the licensed of any portion of the pubic hair, anus, cleft establishment remain unaltered. In of the buttocks,vulva or genitals. the event parking problems arise, the council may consider taking adverse action pursuant to the pro- _ cedures set forth in Chapter 310 0 this Code.Such adverse action may, include requiring the licensee to do one or more of the following: (i) Provide more off-street parking; (ii) Produce the usable floor space• (iii) Reduce patron capacity (seat ing or bar area). (12) When an existing building is converted t on-sale intoxicating liquor purposes, exist � Supp.No.1 21 - � � 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 i animate objects are employed to depict, such attire,costume or clothing as desc be 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 fo dl the breasts, buttocks, anus or genita s o Sec. 409.10. Restrictions on licenses. any other person. When a reasonable basis is found by the coun- (4) To permit any employee or person to ea cil to impose reasonable restrictions upon a li- or use any device or covering expose t cense held under this chapter, the council, upon view which simulates the breast, geni als issuing a new license or renewing a license or anus, pubic hair or any portion thereo approving a transfer of a license, may impose reasonable conditions and restrictions pertaining (5) To permit any person to perform acts f o 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 se ua security. These reasonable conditions or restric- intercourse, sodomy, oral copula ion tions may pertain to: flagellation or any sexual act whi h i �1) A limitation as to the hours when intoxi- prohibited by law. b. Masturbation or bestiality. cating liquor may be sold and/or consumed c. With or upon another person the ch on the licensed premises; ing, caressing or fondling on the ut (2) A limitation and restriction as to the exact tocks, anus, genitals or female br st. location within a building where intoxicat- d. The displaying of the pubic hair,a us ing liquor will be served and/or sold and/or vulva, genitals or female breast b lo consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use artificial evi of ingress to or egress from the licensed ces or inanimate objects to depict a o establishment; the prohibited activities described abo e. (4) A requirement that certain off-street park- ing facilities be provided; . (7) To permit any person to remain in or po the licensed premises who exposes to ub (5) A condition that the license will be in ef- lic view any portion of his or her gen tal 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 pict es tions adopted pursuant thereto; _ electronic reproduction or other visu re (6) A limitation and restriction as to the means ' productions depicting: and methods of advertising the sale of in- a. Acts or simulated acts of sexual i ter toxicating liquor on the building and/or on course, masturbation, sodomy,be ial the premises adjacent thereto; ity,oral copulation,flagellation o an (7) Reasonable conditions limiting the opera- sexual act which is prohibited by aw. tion of the licensed premises so as to en- b. Any person being touched, caress d o sure that the licensed business will com- fondled on the breast, buttocks, nu 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 display th nuisances will be prevented. vulva or the anus or the genitals. (Code 1956, § 308.11(b)) Supp.No.4 . 2181 §409.11 LEGISL N CODE Sec. 409.11. Z�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 trans- shall be read by the city clerk at the next regular ' ferable from person to person or from place to meeting of the city council. place (including changes in licensed areas) with- The council's committee designated to hear li- out the consent of the city council, which consent cense matters shall then schedule a date for pub- shall be evidenced by resolution passed by the lic hearing upon said application for transfer or city council. No license granted for a specified change in licensed area. At least forty-�ve (45) part of any particular premises shall permit sales days before a public hearing on a transfer or change of such liquor on a part of such premises not in licensed area, the department shall notify by specified in the license; provided, however, that mail all owners and occupants who own property the council may, by resolution, grant the right to or reside within three hundred fifty (350) feet of use such other portions of the premises for such the establishment to which the license is to be sales. transferred or area changed, and all community The transfer of stock in any corporate license �rganizations that have previously registered with shall be deemed a transfer within the meaning of said department to be notified of any such appli- cation, of the time, place and the purpose of such this section, and no such transfer of stock shall 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 any in a straight line from the property line of the corporation holding a license issued under the building where intoxicating liquor is sold, con- authority of this chapter to notify the city counci sumed or kept for sale to the property line owned, of any proposed sale or transfer of any stock i leased or under the control of the resident. Prior � such corporation, and no such sale or transfer o to the hearing date,said department shall submit . _ stock shall be effective without the consent of th to the council's committee designated to hear li- council given in the manner above set forth. Th cense matters a list of the names and addresses transfer of any stock without the knowledge an of each person or organization to whom notice consent of the city council shall be deemed suff`i was sent, and certification of such list by the cient cause for revocation by the council of an department shall be conclusive evidence of such ticense granted to such corporation under the au notice.A transfer or change in licensed area under thority of this chapter. this section only becomes effective upon compli- ance with this section and consent of the council Such corporate officers shall also notify the cit by resolution.The failure to give mailed notice to council whenever any change is made in the o owners or occupants residing within three hun- cers of any such corporation, and the failure to s ared fifty (350) feet, or to community organiza- notify the council shall likewise be sufficient caus tions,or defects in the notice,shall not invalidate ;or revocation of any liquor license granted t 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 sectio , attempt is evidenced by a notice addressed to _ publicly owned corporations whose stock is trade "owner" and to "occupant" of the listed address. ;n the open market may comply with the requir - Only one notice need be mailed to each house or ments pertaining to stock ownership and stoc 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 The notification requirements of this section each renewal of the license. shall not be applicable where the license is to be An application for the transfer of such a licen e transferred to a place located within the down- =hal1 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 2 82 �� : �y- ��, LICENSES §409.13 and bounded by the following streets: Begi nin from place to place into a liquor patrol limit sub- at the intersection of Shepard Road with es - ject to all the restrictions and requirements of nut Street, Chestnut Street to Pleasant A nu , Section 17.0�.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg tre t (d) Notwithstanding the foregoing, no licensee � to Swrunit Avenue,Summit Avenue to Tenth tr , 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 �Varner Road to Shepar� Road, Shepard R ad o four(4)or more premises licensed for the sale and Chestnut Street. consumption of intoxicating liquor on the prem- (b) Notwithstanding any other provision n t e ises, unless his or her previous location is within Saint Paul Legislative Code, no on-sale 1' en e one-half mile of the new location and the previous shall be transferable from person to perso ; pr - location was acquired or condemned by a body vided, however, that until December 31, 98 , having the power of eminent domain, or the pre- such license may be transferred from per n o vious location was destroyed or made unusable by person if the following requirements are m : fire or natural disaster, or the lease for the previ- ous location expired and the landlord was unwill- (1) The consideration for the transfer, w eth r ing to renew it. This paragraph does not apply if expressed as payment for the license r f r the proposed new location lies within a designated the transferor's consent to the transfer sh 1 commercial development district. not exceed the license redemption al e (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; under Section 409.19 at the time the ran - 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 o -sa e Sec. 409.12. R.evocation;suspension;�ne. license for the twenty-four-month peri ne following the approval of the transfe on Any license or permit under this chapter may in a commercial development distr ct s be either suspended for up to sixty (60) days or defined in Section 1i.07 of the City ha - 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 the ran - holder has failed to comply with an applicable feror has for the six (6) months prec di statute, rule or ordinance relating to alcoholic approval of the transfer discontinu d i s beverages. No suspension, revocation or fine shall . operation or cl'osed 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 on-s le - Section 310.05 of this Code. cense shall be transferable from person to p rso . (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 provision ' t 7-12-88) " Saint Paul Legislative code, an on-sale li en • may be transferable from place to place ithi �c. 409.13. Inspector's duties. one liquor patrol limit as defined in Section 7. of the City Charter, and from such liquor atr 1 It is hereby made the duty of the inspector to limit to any location in a commercial develo e t see that no applicant for any license hereunder district, also as defined in said section of the h - begins to operate such business until the license ter, so long as the transfer and new location me t has actually been issued to such applicant so to al� the requirements of law, ordinance, Co e do by the inspector. Charter. E�n ci�-�ale licer.se may be transf ab (Code 1956, § 308.21) Supp.No.5 2183 � � - � ��-�'�� 3 409.14 LEGISL IV CODE Sec. 409.14. Owner's responsibility. eventy-five dollars ($875.00) payable in two (2) qual amounts, the first to be paid before the (a) Any act by any clerk, barkeeper, agent, ser- icense is issued or renewed, the second payment vant or employee of any licensee hereunder, in o be made within six(6)months from the date of ; violation of this chapter, shall be deemed the act ssuance or renewal.Where a transfer of a license of the employer and licensee of such place as well s approved by the council, the fee to be charged as that of such clerk,barkeeper,agent,servant or hall be the prescribed annual fee less a credit employee, and every such employer and licensee 'ven for each month or portion of a month re- shall be liable to all the penalties provided for the aining of the original term. The licenses shall violation of same equally with the clerk,barkeeper, e valid on all days of the week consistent with agent, servant, or employee. he hours of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a clerk, 11 other provisions of this chapter shall be appli- barkeeper,agent,servant or employee made in or able to such licenses and licensees unless incon- from any place duly licensed to sell nonintoxicat- istent herewith. ing malt liquor but not duly licensed to sell intox- (c) Public hearing; notices No new on-sale wine icating liquor shall be deemed the act of the em- icense shall be issued, nor any existing license ployer and licensee, as well as that of the person ransferred from place to place, until the council actually making the sale,and every such employer hall have �rst held a public hearing on the ap- and li�ensee of such place shall be liable to all the lication. The notification requirements applica- penalties provided in this chapter for such sale, le to transfers or change in licensed areas in equally with the person actually making the sale. ection 409.11 shall be applicable to the issuance (Code 1956, §§ 308.24, 308.25) f new on-sale wine licenses or transfers from lace to place. Sec. 409.15. On-sale wine licenses. (d) On-sale malt beverages. A holder of an on- � (a) Defnitions. The following definitions shall le wine license issued pursuant to this section apply to this section: ho is also licensed to sell on-sale nonintoxicat- i g malt liquor and whose gross receipts are at (1) Restaurant shall mean an establishment 1 ast sixty (60)percent attributable to the sale of ' under the control of a single proprietor or od may be permitted by the city council to also manager, having appropriate facilities for 11 intoxicating malt liquors at on-sale in con- serving meals and for seating not fewer j nction with the sale of food without having to than twenty-five (25) guests at one time y any additional license fee. Such authoriZa- and where,in consideration of payment there- t on, if approved by the council, shall be noted ' for, meals are regularly served at tables to on the licenses issued by the inspector. This the general public, and which employs an ovision is enacted pursuant to authority granted adequate staf�'to provide the usual and suit- Minnesota Statutes, Section 3�OA.404(5). able service to its guests. ( ode 1956, § 308.27; Ord. No. 16912, 4-22-82; (2) On-sale wine license shall mean a license rd. No. 17247, § 2, 6-6-85; Ord. No. 17328, § 3, - authorizing the sale of wine not exceeding 1 23-86; Ord. No. 17491, § 1, 9-16-87) ` fourteen(14)percent alcohol by volume,for consumption on the licensed premises onl��, c. 409.16. Issuance of new licenses. in conjunction with the sale of food. (a) Applicability. This section applies only to (b) Issuance oF license; fee; conditions. On-sale t e issuance of new licenses and to the reissuance wine licenses may be issued, subject to the ap- o licenses under this chapter which have reverted proval of the liquor control commissioner, to the t the City of Saint Paul for any reason,including proprietor of any restaurant as defined in this r vocation, the death of the licensee, or lapse of section and without regard to Section 409.03 lim- t e license by failure to renew.This section is not itations. The license fee shall be eight hundred a plicable to renewals or transfers of licenses. Supp.No.5 21 4 ' LICENSES $409.16 (b) Special issuance excise tax—OFf-sale: tomarily placed on transfers between pri- (1) The council shall condition the issua ce r - vate parties, rather than to confer it upon ' re-issuance (hereafter, "issuance") o a i- one licensee as a windfall benefit. cense under this section upon paym nt f (c) Special issuance tax—On-sale. the special issuance tax in addition to 1 other requirements of this chapter a th s (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 a ou t suance") of an on-sale license under this equal to the fair market value of e '- section upon payment of a special issuance cense as defined in subparagraph(3) f th s tax determined in accordance with this sub- subdivision. division, in addition to all other require- (3) A license issued under this chapte a ments of this chapter and this section.The this section is a privilege accorded o t e proceeds of such tax shall be used for the licensee to engage in the activities p rm' - redemption of licenses under Section 409.19. ted thereunder,and is neither prope y n r . �e terms"issuance or reissuance," as used a property right. The phrase "fair rk t in this subdivision, do not include the issu- value," therefore, means, for the p po e ance of an on-sale license as an absolute ��l of this section, the pecuniary value c to - �rst priority under paragraph (e) of this 1 arily placed upon the consent of a 1 en e section, and no such tax will be imposed holder to the transfer of his license y t e thereon. parties to such a transfer as authori ed y (2) The special issuance tax shall be an amount �. this chapter and Section 310.11.The val e determined by the following schedule: of such a consent necessarily does ot i - clude real property, fixtures, equi e t, a. From August 1, 1984 through January inventory, good will or any other ass ts. 31, 1986—$40,000.00; b. From February 1, 1986 through Janu- (4) Such fair market value, as defined i s - ary 31, 1987—$36,000.00; paragraph (3), shall be determined c. From February 1, 1987 through Janu- tion agreed to by a majority of the me - ary 31, 1988—$32,000.00; bers of the council after the co ci s d. From February 1, 1988 through Janu- committee designated to hear licens m t- ary 31, 1989—$28,000.00; ters takes testimony at a public h ari g e. F�om February 1, 1989 through Decem- held before the receipt of any appli tio . ber 31, 1989—$24,000.00. Such value may be established by test mo y (3) An on-sale license is a privilege accorded to of the inspector regarding recent 1 cen e the licensee to engage in the activities per- transfers, and shall be the value a re - mitted thereby, and is neither property nor sonably may be determined on or abo t t e a property right. Such privilege is not im- _ time of issuance of such license und t s pliedly altered by the city's discretionary section. The council's committee desi a d option to pay a redemption value for out- to hear license matters may also he r a y standing licenses or by the payment of a other relevant evidence. Notice of suc p - special issuance tax. Such provisions have lic hearing shall be published onc in a newspaper of general circulation in t e ci y been adopted by the city council in order to not less than ten (10) days prior t su h �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 pti g the private parties to that transaction,said this section to gain for the citizens f t e transfers now being prohibited by law. City of Saint Paul this value which c - Supp.No.4 2185 .� : �� 7 $409.16 LEGISL N CODE (d) Applications: that fact and the grounds for the recom- (1) The council shall, after determining the mendation and provide them with an op- amount of the special issuance tax, by mo- Portunity to be heard before the council s ' tion instruct the inspector to receive appli- committee designated to hear license mat- cations for the re-issuance of such license, ters before any other action is taken on specifying beginning and ending dates of a such re-issuance. The council shall, after period not to exceed thirty(30)days during such hearing, determine whose applications which such applications will be received. may further be considered despite the ad- verse recommendation made. If the council (2) All applications shall be made on such forms determines that one or more recommenda- and contain such information as the inspec- tions for denial are well-founded, the ap- tor may require and shall be accompanied plications involved shall not be included by an application fee of one hundred dol- for random selection. lars ($100.00). Such application fee is in addition to the proportion of the special �e) Selection—Off-sale. issuance excise tax required by subparagraph (1) Upon receiving the report from the inspec- (4) of this subdivision, and in addition to tor that all the eligible applications have the annual license fee required by Section �been received, inspected and investigated, 409.05. This application fee shall be retained and after hearing having considered and ' by the city to defray its expenses hereun- determined whose applications may further der whether or not the applicant receives a be considered despite any adverse recom- license. mendation made, the council's committee (3) Each application must meet all the require- designated to hear license matters shall by ments of law and this section, including motion set a date for a public hearing at . inspe�tion of the premises sought to be li- Which an applicant is to be chosen by ran- censed by appropriate off'icials of the divi- dom selection.All applicants are to be noti- sion of housing and building code enforce- fied in writing of such date. ment,the division of public health,and the (2) At the public hearing, the secretary of the department of fire and safety services. The council's committee designated to hear li- inspector shall refer each application to each cense matters shall place the names of all of the above agencies and to the depart- eligible applicants on separate,equal-sized ment of police for their inspection and rec- pieces of paper, under the supervision of ommendation, and shall conduct such other the council's committee designated to hear � investigation of each applicant as may be license matters. Such pieces of paper shall , appropriate.When all inspections have been be placed in an opaque container from which • made and recommendations received by the one name shall be drawn at random by a inspector, it shall notify the council. member of the council's committee desig- (4) Each application shall be accompanied by nated to hear license matters as designated _ the deposit of a sum of money equal to ten by the presiding officer of the council's com- (10) percent of the special issuance excise mittee designated to hear license matters. tax in the form of a cashier's check or certi- T�e applicant so selected shall be announced, fied check payable to the "City of Saint and shall be awarded the license, by reso- Paul." lution,upon payment within forty-eight(48) hours thereafter of the remaining ninety (5) In the event either the inspector or one of (90) percent of the special issuance excise the agencies reporting on the applications tax. makes a recommendation that no license �3) In the event the applicant so chosen fails to be issued to one or more applicants, the pay the remainder of the special issuance inspector shall inform such applicants of Supp.No.4 2 86 LICENSES $409.16 excise tax within forty-eight(48)ho s,t e ing and serving meals to not less than council's committee designated to ar i- fifty (50)guests at one time, ranked in cense matters shall select another ap lic t the order of such seating and serving in accordance with the procedures ' t is capacity from the greatest number down — section. to fifty(50); (4) The deposit of ten (10) percent of t e s e- d. Applicants for the operation of restau- cial issuance excise tax shall be re ain d rants or hotels not covered above,ranked by the city until the license is aw d d, in the order of capacity for seating and after which time the deposits of the ns c- serving meals to guests from the great- cessful applicants shall be refunded. n t e est to the lowest seating and serving event any applicant demands and r ei s capacity; and back his deposit prior to the award of t e e. All other applicants, in the order by license, the application shall be dee ed o date and time on which their completed have been withdrawn. applications were received by the license inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from the ' sp c- - the city may apply for the issuance of a tor that all the eligible application ha e new on-sale license within one year of such been received, inspected and invest' at d, redemption. and after hearing having consider a d �g� Nonissuance. Nothing contained in this sec- determined whose application may r tion shall obligate the City of Saint Paul, nor be considered despite any adverse eco - imply any obligation,to reissue any licenses which mendation made, the council's com it e have reverted to the city. The city council may, : designated to hear license matters s all y by resolution, declare that such licenses shall not motion set a date for a public hea ng t be reissued,specifying any length of time deemed which one or more applicants, dep ndi g advisable during which no such licenses shall be on the number of licenses to be issu d, e re-issued. to be chosen according to the priorit es t forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qualified applicant th n communicate with any member of the city council on-sale licenses to be issued,applicant sh 1 regarding any application or applicant for issu- be entitled to receive such licenses cor - ance or re-issuance of a license pursuant to this ing to the following order of priority: section unless such communication is made dur- • ing the course of a public hearing before the coun- a. As an absolute first priority, an ap i- cil's committee designated to hear license mat- cant who purchases an existin bu i- ters held pursuant to this section. ness having an on-sale license w th t e intent of operating said business at t e (i) Neighborhood Betterment Fund A Neighbor- same location for at least on y r hood Betterment Fund is hereby established, to _ thereafter; which ten {10) percent of the proceeds of the spe- b. Applicants for the operation of est u- cial issuance tax are hereby appropriated. Such rants capable of seating and s rvi g fund shall be used to assist the housing and rede- meals to not less than one h n d velopment authority of the City of Saint Paul, (100)guests at one time, ranked in t e Minnesota, in the acquisition, clearance or rede- order of such seating and serv g a- velopment of blighted or deteriorated areas and pacity from the greatest numbe do n structures in neighborhoods having concentrations to one hundred(100); of businesses licensed for the sale and consump- c. Applicants for the operation of hot ls tion of intoxicating liquor on the premises,which having dining rooms capable se t- acquisition,clearance or redevelopment are hereby Supp.No.4 2187 . . . . `�'�i'` �'�J' §40916 LEGISLA N CODE determined to be for a public purpose. Such pur- nd conditions may limit the dispensing of intox- poses and uses of the fund may include the acqui- cating liquor to designated areas of the facility. sition of the real or personal property of existing he department of community services may fix on-sale liquor businesses, and aff`irmative assis- nd assess a fee to be paid to the general fund in = tance of financing of minority-owned businesses he case of Town Square Park and to such special seeking or needing on-sale intoxicating liquor und as may be designated by the director of said licenses. epartment in the case of Phalen Park Club House (Code 1956, §§ 308.28-308.33; Ord. No. 17172, y an on-sale licensee for each event for which 10-23-84;Ord.No. 17176,10-23-84;Ord.No. 17551, he licensee is engaged to dispense intoxicating § 7,4-19-88) 'quor. rd. 16812, 7-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation;penalty. Violation of any of the regulations contained in c. 409.19. License redemption. Sections 409.08 and 409.09 shall be a misdemeanor The city may, at its option and in its sole dis- and shall be punished as provided by Section 1.05 etion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. ived from the special issuance tax are avail- (Code 1956, § 308.23(12)) ble,redeem any on-sale license,with the consent f the licensee, by payment of the redemption Sec. 409.18. Town Square Park; Phalen Park alue to said licensee.Such redemption terminates Club House. e license for that license holder, and permits The department of community services may au- e city at its option and in its sole discretion to thorize any holder of an on-sale liquor license i sue said license in accordance with the require- issued by the city to dispense intoxicating liquor ents of law and ordinance. The city may not at any event of definite duration on the public deem any on-sale license which has been re- premises known as Town Square Pazk and Phalen ked or not renewed for cause. The redemption Park Club House. The event may not be profit alue shall be an amount determined by the fol- making except as a fund raising event for a non- 1 wing schedule: profit organization or a political committee as (a) From August 1, 1984 through January 31, defined in Minnesota Statutes, Section 210A.01, 1986—$70,000.00; Subdivision 8. The licensee must be engaged to dispense intoxicating liquor at the event held by �� From February 1, 1986 througb January a person or organization permitted to use the prem- 31, 1987—$60,000.00; ises and may dispense intoxicating liquor only to (c) From February 1, 1987 through January persons attending the event. A licensee's author- 31, 1988—$50,000.00; ity shall expire upon termination of the contracted �d) From February 1, 1988 through January event. The authority to dispense intoxicating li- 31, 1989—$40,000.00; quor shall be granted in accordance with the stat- utes applicable to the issuance of on-sale licenses (e) From February 1, 1989 through December - in cities of the first class consistent with Laws of 31, 1989—$30,000; and Minnesota for 1981, Chapter 335 and Laws 1983, (fl From and after January 1, 1990,there shall Chapter 259. The dispensing of intoxicating li- be no redemption value. quor shall be subject to all laws and ordinances governing the dispensing of intoxicating liquor as 11 on-sale licenses which are revoked or not re- are not inconsistent with Laws, 1981, Chapter wed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispensing r quired by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance with r -issued by the city in accordance with law. the terms and conditions prescribed by the de- ( rd. No. 17172, 10-23-84) partment of community services and those terms Supp.No.4 2 88 ICENSES §40921 Sec. 409.20. Commercial development ' 'c Sec. 409.21. Pull-tabs and tipboards in bars. (a) Commercial development districts,as de ine (a) On-sale licensees may request permission in Section 17.07.1 of the City Charter, m b of the city council to permit qualified charitable ; created or expanded by the filing in the off`i e o organizations to conduct lawful gambling in the the city clerk of a written petition therefo set form of pull-tabs and tipboards only on the li- ting forth the boundaries of the expanded dis ict censed premises. Application for permission shall and containing the written consent of the o er be made to the license inspector and payment of of two-thirds of the several descriptions of rea the specified fee. If the application is granted,the estate situate within the new or area of th ex license shall contain an endorsement specifying panded district, together with the written co en this approval and the gambling endorsement may of the owners of two-thirds of the several des rip be considered for renewal at the same time as the tions of real estate situated within one hun e council may consider renewal of the on-sale license. (100) feet of the new or expanded district, and (b) Gambling endorsements on on-sale licenses after the �rmative vote in favor thereof 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 requirem nts adverse action as prescribed in the Legislative for consent signatures if the city council s all Code: determine that a hazdship exists therefor, an in (1) Only charitable nonprofit organizations such case the council may,on its own,initiate the process of creating or expanding a comme ial Whose primary function is the support of development district. In such case, the affir 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 the ity contributes a majority of its revenues on council shall be required to create or expand 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 commis 'on (2) Use of the licensed premises shall be by shall be consulted for advice concerning the ro- means of a written lease agreement between posals for consistency with the city's compre n- the licensee and the charitable organiza- sive plan and zoning ordinances, and the p 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 recommendations the license inspector, and also a copy must (d) Upon receipt of the report of the plan 'ng be kept on the premises and available for ,. commission, the council's committee design ted Public inspection upon request. Leases shall to hear license matters shall fix a date for pu lic be governed by the following: hearing �o consider the petition or proposa to a. Maximum rent that may be charged is create or expand a commercial development is- one hundred dollars($100.00)per week. trict and afford an opportunity to all affected er- b. Rental payments may not be based on _ sons to be heard.The city clerk shall cause no ice a percentage of profits from gambling. of the hearing to be published once in the offi ial c. The charitable organization may not newspaper of the city, and mailed notice the of • reimburse the licensee for any license shall be given by the department of finance nd fees or other gambling-related expenses management services to all owners of land wit in incurred by the licensee. the new or area of the expanded district. P b- d. The only form of gambling that shall lished notice and mailed notice shall be mad at be permitted on the licensed premises least twenty (20) days in advance of the pu ic shall be pull-tabs and tipboards approved hearing. by the license inspector. (Ord. No. 17238, § 1, 5-9-85; Ord. No. 17551, 8, e. Pull-tabs and tipboards shall only be 4-19-88) sold from a booth used solely by the Supp.No.4 189 . � , � �� §409.21 LEGIS AT E CODE charitable organiaation, and pull-tab (7) The licensee shall be responsible for the and tipboards shall neither be sold b charitable organization's conduct of selling � employees of the licensee nor sold fro pull-tabs and tipboards. The city council . the bar service area. may suspend the licensee's permission to = f. The construction and maintenance o 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 the ganization. A second violation within a lease if the charitable organiaation is twelve-month suspension, and any additional found guilty of any violation of state or violations within a twelve-month period shall local gambling statutes, ordinances or result in the revocation of the gambling rules and regulations. permission, and may also be considered by the council as grounds for suspension or (3) Only one charitable organization shall be revocation of the on-sale liquor license. permitted to sell pull-tabs and tipboards on (Ord. No. 17321, § 3, 12-31-85) the licensed premises of a Class A estab- Cross references—Gambling, Ch. 270; lawful gambling, � lishment, no more than two (2) organiza- Ch.402;bingo halis,Ch.403;game rooms,Ch.406. tions at separate times in a Class B estab- lishment,and no more than two(2)charitable Sec. 40922. Charitable gambling regulations. organizations shall be permitted to sell pull- tabs or tipboards on the licensed premises The sale of pull-tabs and tipboards in on-sale of a Class C establishment, provided they 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 the in Minnesota Statutes,chapter 349,the following charitable organization for any license or egulations and qualifications must be complied permit fees,and the only compensation which ith by all such charitable organizations: the licensee may obtain from the charita- �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 minimum of following activities: Acquatics, baseball, bas- twenty (20) hours of sales of pull-tabs and ketball, boxing, football, gymnastics, golf, tipboards for the charitable organization. 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-tabs and include nonprofit charitable volunteer or- tipboards on the licensed premises, the li- ganizations whose primary function is the _ censee must demor.strate to the license in- support of youth activities other than ath- spector that at least one thousand dollars letics after an initial six-month period, pro- ($1,000.00) in gross gambling revenues vided such organizations meet all other re- weekly are generated in a Class A estab- quirements of the charitable gambling lishment, two thousand dollars($2,000.00) ordinance. in a Class B establishment, and two thou- (b) Must be a local charity serving youth, a sand dollars ($2,000.00) per charity in a majority of which are from St. Paul and/or Class C establishment, based on a twenty- spends a majority of its revenues on St. hour-per-week operation. Paul youth. Supp.No.4 2 90 .. ICENSES §409.23 (c) Must have been in existence for thr e ( (r) Shall pay to the city-wide organization des- years. ignated by the city council ten(10)percent (d) May not be supported by a school at leti of the•net profits from selling of pull-tabs ; program, either public or private. and tipboards to be distributed to other youth athletic organizations to be expended for such (e) Must file with the license inspector a nu lawful purposes as specified in Minnesota ally a list containing the names an ad Statutes, Chapter 349. dresses of all current members. (s) The charitable organization shall not use a (fl Must use gambling proceeds only for y ut pull-tab or tipboard which does not return athletic activities. If the organization en to the players a minimum percentage of erates funds for other uses, it must ee seventy-five (75) percent, nor a maximum separate and accurate accounting rec rd percentage of eighty(80)percent,which per- of all gambling receipts and disburseme ts. centage shall include free plays awarded. (g) Must file financial reports weekly wit the (t) The charitable organization will be respon- license inspector. sible for the booth and other equipment (h) May not have a gambling license in ore used in the operation as a deductible ex- than two(2)Class A establishments an no Pense of the charity. more than one Class B or Class C es ab- (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 tipbo ds in a method as required by the lic se Sec. 409.23. �nd established;administration. inspector. (a) There is hereby established a special fund (j) May be required to demonstrate to the ity for the administration and distribution of the pro- council that the majority of their total in- ceeds contributed by charitable gambling in on- come is given to youth athletic activiti . sale liquor establishments as specified in this chap- (k) Workers or managers may not divulge he ter.Monies in this fund may be expended only for number of or the dollar amount of the in- such lawful purposes as set forth in Minnesota ners at any time. Statutes, Chapter 349, and shall be 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 wag of lishments. three dollars and thirty-five cents ($3. 5) (b) The city council shall appoint a city-wide per hour (federal minimum wage) and no charitable organization and youth or adult repre- more than five dollars($5.00)per hour. sentatives from each of the city's recreation dis- (n) Shall comply with all the provisions of n- tricts to advise the city on the disbursement of _ nesota Statutes, Chapter 349. these funds. The council, with the advice of the - appointed city-wide charitable organization and (o) Gambling manager's compensation shall ot representatives, shall by resolution adopt rules exceed fifty dollars($50.00)per week. and regulations governing the administration of (p) Shall register with the state gambling bo d the fund,eligible applicants and appropriate uses all equipment and supplies used in a i- for the funds.These rules shall include the following: censed on-sale liquor establishment. (1) Applicants for funding must be incorporat- (q) Shall post in a conspicuous place rules a d ed, nonprofit organizations formed for the regulations concerning charitable gambli g P�'Pose of supporting youth sports and ath- as required by the license inspector. letic programs. Booster clubs organized for Supp.No.4 2 1 ' ��`� T � §409.23 LEGIS AT E CODE . a recreation center or a specific sport ma (4) Gambling managers may not receive more be eligible, but organized school teams, than fifty dollars($50.00)per week for com- whether public or private,will not be eligible. pensation for services as a gambling man- (2) Applicants shall provide information setting ager. — forth its stated purpose, number of partici- (5) All gambling managers must successfully pants served, area served and reasons why complete a training program established the funds are needed. by the city, which training program shall (3) Funds may not be used for capital expens- include state charitable gambling laws, city es, nor for salaries or travel expenses, but charitable gambling ordi��ances, accounting may be expended for an individual or team procedures, record keeping and reporting representing the city or state in a state or procedures and methods. national championship tournament. (Ord. No. 17321, § 6, 12-31-85) (4) No organization operating charitable gam- Sec. 409.25. Temporary wine and liquor li- bling in the State of Minnesota will be eli- censes. gible to receive funds. . (a) Wine licenses. Notwithstanding any other , (5) Funds will be awarded on a matching basis rovision of this chapter, a bona fide nonprofit only. haritable, religious or veterans organization may (6) Organizations receiving funds shall file with btain on-sale license to sell wine not exceeding the city financial reports showing how the ourteen (14) percent alcohol by volume for con- funds were expended and for what purpose. umption on the licensed premises only. The fee No additional grants will be made until or such license shall be one hundred thirty-five the organization has filed such reports of ollars ($135.00) per day, and licenses shall be previous expenditures. � sued for periods not to exceed three(3)consecu- (Ord. No. 17321, § 5, 12-31-85) ve days. No organization shall be granted more an two(2)such licenses per calendar year. (b) Liquor licenses. Notwithstanding any other Sec. 409.24. Gambling managers. ovision of this chapter, a club or charitable, No person shall be a manager of any charitable r ligious or other nonprofit organization in exis- organization selling pull-tabs and tipboards in on- t nce for at least three (3) years may obtain on- sale liquor establishments unless licensed by the s e license to sell intoxicating liquor for consump- city as provided herein and compliance with the t n on the licensed premises only and in connec- following requirements: ti n with a social event within the city sponsored b the licensee. The license may authorize on- (1) Application for gambling manager license s les on premises other than premises the licen- shall be made at tl:e office of license in- s owns or permanently cecupies. The license - spector on forms provided by said off`ice. m y provide that the licensee may contract for The annual license fee is one hundred dol- � xicating liquor catering services with the holder � lars($100.00). of a full year on-sale intoxicating liquor license (2) Gambling managers shall meet all the re- is ued by the City of Saint Paul. The fee for such quirements of Minnesota Statutes, Chap- li nse shall be one hundred thirty-five dollars ter 349, and must file proof that a ten thou- ($ 35.00)per day, and shall be issued for not more sand dollar ($10,000.00) fidelity bond has th n three (3) consecutive days. No organization been provided. sh 11 be granted more than two (2) such licenses (3) An individual may not manage any chari- Pe calendar year. table organization's gambling operation for ( ) Application. Application for such temporary more than three(3)consecutive years. lic nses shall be made on forms provided by the Supp.No.4 219 LICENSES §410.26 inspector and shall contain such informa ion as subject to the provisions of these chapters govern- specified by the inspector,including the foll wi g: ing Class II licenses.The inspector shall make all (1) The name, address and purpose of he r- referrals as provided by Section 310.03, but the ' ganization, together with the nam s d director may require the inspector to issue such addresses of its officers. license before receiving any recommendations on the application therefor if necessary to issue such (2) The purpose for which the temporary ice se license on a timely basis. is sought, together with the place, da es (Ord. No. 17459, § 1,5-28-87;Ord. No. 17569, § 4, and hours during which wine or int xic t- 6-7-88) ing liquor will be sold. (3) Consent of the owner or manager f t e �c. 409.26. Intoxicating liquor; presumptive penalties. premises, or person or group with a 1 responsibility for the premises. (a) Purpose. The purpose of this section is to (4) Evidence that the applicant has ob ain d establish a standard by which the city council and has in force a bond in accordanc wi h determines the length of license suspensions and Section 409.06(j),and liability insura ce n revocations, and shall apply to all on-sale and off-sale licensed premises. These penalties are pre- accordance with Minnesota Statutes 198 , sumed to be appropriate for every case; however, Section 340A.409. the council may deviate therefrom in an individ- (d) Application of other provisions of this ha ual case where the council finds and determines ter. No other provisions of this chapter shall pp that there exist substantial and compelling rea- to licenses granted under this section, excep Se - sons making it more appropriate to do so. When tions 409.06, 409.07, 409.08 (except clause (1 ) deviating from these standards the council shall and(12)), and Sections 409.09 through 409. . provide written reasons which specify why the penalty selected was more appropriate. (e) Class II license. Notwithstanding any th provision of law to the contrary, the temp rar (1�) Presumptive penalties for violations. Adverse wine and liquor licenses provided in this s tio penalties for convictions or violations shall be shall be administered as a Class II license an presumed as follows: Type of Violation Ist Violation 2nd Violation 3rd Violation (1) Commission of a felony related to he i- Revocation NA NA . censed activity (2) Sale of alcoholic beverages while lice se s Revocation NA NA under suspension (3) Sale of alcoholic beverages to und r-a e 5 consecutive Revocation NA _ person days suspension � (4) Sale of alcoholic beverage to intox at 5 consecutive 15 consecutive Revocation person days suspension days suspension (5) After hours sale or display of alc hol c 3 consecutive 9 consecutive Revocation beverages days suspension days suspension (6) ftefusal to allow city inspectors or oli 5 consecutive 15 consecutive Revocation admission to inspect premises days suspension days suspension (7) Illegal gambling on premises � 3 consecutive 9 consecutive Revocation days suspension days suspension Supp.No.4 193 . � . � � i� �� §41026 LEGIS T E CODE Type of Violation Ist Violation 2nd Violation 3rd Violation (8) Permit person to leave premises with alc - 3 consecutive 9 consecutive Revocation holic beverages ays suspension days suspension - (9) Failure to make application for license r - 5 consecutive 45 consecutive Revocztion newal prior to license expiration date ys suspension days suspension (10) Violations of city ordinances pertaining t 5 consecutive 15 consecutive Revocation fire or building or health codes ys suspension days suspension (c) Computation of time. For the purpose of de- (c) Off-sale licenses shall permit the licensee of termining the number of occurrences of violations, uch nonintoxicating malt liquors to sell same in the council shall consider a violation as a second riginal packages for consumption off the prem- occurrence if it occurred within eighteen(18)cal- ses only. endar months of the first violation, and shall con- �d) Nothing herein contained shall be construed sider a violation as a third occurrence if it oc- o prohibit the sale and delivery in original pack- curred within thirty (30) calendar months of the ges directly to the consumer by the manufac- second violation. urer or distributor of nonintoxicating malt liquors. (d) Other penalties. Nothing in this section shall restrict or limit the authority of the council to (e) No off-sale license shall be issued for any suspend up to sixty (60) days, revoke the license, lace where nonintoxicating malt beverages shall impose a civil fine not to exceed two thousand e sold for consumption on the premises. dollars($2,000), to impose conditions or take any (�. "Nonintoxicating malt liquor" is any fer- other adverse action in accordance with law; pro- ented malt liquor, potable as a beverage, con- vided, that the license holder has been afforded t ining not less than one-half of one percent(1/z of an opportunity for a hearing in the manner pro- %) alcohol by volume nor more than three and vided for in Section 310.05 of this Code. t o-tenths(3.2)percent alcohol by weight. (Ord. No. 17556, § 1, 4-28-88) ( ode 1956, §§ 310.01, 310.17, 31020) c. 410.02. Fees. Chapter 410.Nonintoxicating Malt Liquor* Before the filing of an application for either of Sec. 410.01. License required; definitions; t e licenses hereinbefore provided for, the appli- ' exceptions. c nt shall deposit with the license inspector the s m of two hundred fifty dollars ($250.00) if the (a) No person shall sell nonintoxicating malt a plication is for an on-sale license, and the sum liquors at retail in Saint Paul without a license. o �ifty dollars($50.00)if the application is for an (b) On-sale licenses shall permit the licensee o -sale license, and the inspector shall thereupon t for the sale of said nonintoxicating malt liquors d liver to such applicant duplicate receipts there- to sell such for consumption on the premises. On- fo , containing a statement of the purpose for sale licenses shall be granted only to restaurants, W ich such deposit was made, and one of said . hotels,bona fide clubs, establishments for the ex- re eipts shall be attached to and filed with said clusive sale of nonintoxicating malt beverages and a lication. establishments licensed for the exclusive sale of (C de 1956, § 310.03; Ord. No. 16843, 10-20-81) intoxicating liquors. . 410.03. Licensing requirements. 'Cross references—Liquor and beer regulations general- ly,Title XXN; intoxicating liquor, Ch. 409; use of beer and a) Application. Any person desiring either of intoxicating liquor prohibited in motion picture drive-in thea- th licenses as hereinbefore described shall first tres,§416.os(b). m ke an application therefor to the council of the Supp.No.4 219 WHITE - CIT�V CLERK � ' PINK - FINANCE - COUIICll C,ANARV -(�EAARTMENT CITY O AINT PALTL '`� '��"'f� ,BLUE =MAVOR File NO. ' � City Att-n.v/P�B . ' Or -i �nce T Ordinance N 0.��7l0/ _1 ',' �_ Presented By �� { .'�'- ' Referred To Committee: Date Out of Committee By Date , � ,� � �- .. ':;��. — Ar� d �ance a�endin� s�ctians �+�4.10, 9 2i, 444.22 and 4�J9.23 of � � �:�e Saint P uI Legislative Code to �rovide r fux�t�.er re�ulation of th� con�uct o a�Tful gambling on licen3ed t�rettises in private c3ub�. THF C'�t�'dCIL f)r T'r�F. CiiY OF S Ii PAi,rL '7UI?S !JPDAI�T: Sectioa I. Sect�an 4Q9.21(�) (1) of �h Saint Paul Legislative Code is =_iArebq a�ended to rea� as fo l �s : {Z) Onl� c�aritahle r�o r f{� organizations licersed b the State of '-Finr_eso ' o o��rate ti tioards an nu ta s � ese g��e�s �. � eP s �se st��e��-s a��e ae��e��=es aa� e �.�g.:ti a �a�e�� e� �be �ett�p ��e� ��s s��y e� S � � �Pa� �� eeA��b��as a �te�e�� e� �� exex��es e �`a�� Fa�e� _ye��i �as- h� a3.lozaed to sell �ulltahs d ti�baa=ds on the licensed �re�ses. Section 2. Section 4J�3.?_I of �he Sa nt Paul LegislaCive Code i� h�reby , �erded by addin; at the end ne eo� ne�a 3�ib�ections (c) (2) , (c) (2) �nd (c) (3) to reac3 as �oI o��r : COUNCIL MEMBERS � Yeas Nays Requested by Department of: Dimond �ng In F'avor Goswitz Rettman Scheibel A gai n s t BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date CP•tif�ed Passed by Council Secretary BY --Y Approved by Mayor: Date pproved by Mayor for Submission to Council By BY . ��-� l�-t� • � ��1� `�� -2a- "(c) (1) rlotwithstanding a y ther provision of law or ' of sections 4�9 .21 and 40 . 2 of this chapter, not more than five (5) charitable o rofit organizations which qualify as ' large organiz t' ns ' may be permitted to conduct lawful gamblin� i e form of pull-tabs and tipboards on licensed pre i es after meeting all other . requirements of chapters 1 and 409 of the Saint Paul Legislative Code and of a y other applicable statute, regulation or ordinance. T e term 'large organization' for the nur�ose of this c a ter shall mean and include any charitable nonprofit r� anization which has the size and resources , as �ve 1 as the public acceptance and drawing power, suffic"e t to dominate in the com- petition for licensed pre i es in which to conduct charitable gambling so as t make it difficult or im- possible for small charit b e nonprofit organizations to find suitable or desir b e premises in which to raise funds by charitable g mbling. ' An�cliaritable non�rofit organization ( ' hose annua ross revenues for the immediatel ast i ca or ca en ar year rom - a sources are in excess o , , or ii w ose annua manaaement an a in strative ex en itures or its current bud et year re in excess o , , , , or iii t�aenty- ive per en o or more o w ose net nro its rom c arita e gam ing are or ave een istri ute in at east r e o t e ast ive years to anot er nonpro it or a ita e organization o �a ic it is a oca c ap er or su si iary, s a e �resume to e a arge c ration. e computation o t e a ove o ar amou ts s a e the total for both the charitable nonp of t organization in question and any other s ch organization, if such other or�anization: (i) has the power to pp int a majority of the governing body of t organization in _ question; ' (ii) has or exercise e authority to direct or control the w k of the officers or employees of the o g ization in question; (iii) provides half o ore of the gross revenues of the organ z tion in question; or ' � �� '-�.;� � � • � /yC/3 �� -2 - (iv) franchises or charte s the organization in ' question, or permits the or anization in question to use its name and/or o ga izational syr.mbols in the conduct of the fund- ai ing activities of the organization in question (c) (2) No endorsement to th n-sale license shall be � granted to any on-sale lice s e for a lar�e organization until thirty (30) days aft he effective date �of this ordinance. If there are m re than five qualified anplicants for such endors me t , the coun��I shall by motion set a future regula c uncil meeting date at which five such applicants s all be selected for the issuance of the liquor end r emerits authorized herein. Such selection shall be bv l t in accordance with the procedures indicated in syct on 409. 16(e) (2) (excepting the naymerit of the specia i suance excise tax) . Not less than thirty (30) day a ter one of such eridorse- ments is revoked, denied r apses for any reason, the Council may establish a d t for random selection among _. other«ise qualified appli a ts as provided above. If the number of applicants t any time is equal to or less than five, or less than e number needed to bring the total of such endorsemen s ssued to five, then the Council may issue such e do sements in the regular manner. (c) (3) The large organiz t'ons authorized to o�erate �in on-sale licensed premise s provided for in this sub- section (c) shall be re i ed to comply �aith all appli- cable requirements of 1 nd of sections 409 . 21 through 409. 23 , includin�; the p ym nt of 10% of their net profits from selling of pull-ta s s provided by section 409 . 21(r) ." ection 3 . - The existing section 4 9. 1(a) of the Saint ��aul Legislative Code is here}iy reriumbered t b read as sectiori 409.21(a) (1) , and the following new section 4 9 . 1(a) (2) is hereby adop:ted: � , 'IR� . . . � ��',.s� - /76�3 "(a) (2) In the event the pe i sion of any charit- - able nonprofit organization to conduct lawful gambling on the licensed pr i es is terminated by the licensed establishment n hose premises the organization was conducting sa d gambling, or in the event such organization te inates its lawful gambling, as a result of co rc"on, pressure or � unreasonable or unlawful co d t by the licensee or its employees , the on-sa e licensee shall not be able to make application f r a gambling endorse- ment for a new charitable ,n n rofit organization to take the place of the fo r organization until one year after discontinua e of all gambling activity on the licensed p em ses bv the fonmer organization. " Se ti n 4. Section 409. 22 of the Sain aul Legislative Code is hereby amended by deleting subsections ( ) , (b) , (f) and (j) ; b� renumbering the remaining subse t' ons in said section 409 . 22 ; and by adding a ne�a subsection o reaci as follows : " ( ) Shall ex end at leas f ftv-one vercent or more o its net procee s rom a ita le amb in at Saint Pau ocations to or or ur oses which bene it pro- rams or activities occur in in aint Pau or w ich directly bene i:t sia.bstant al num ers o Saint Pau resi ents . e tion 5. Section 409 .23(a) of the a nt Paul Legislative Code is hereby amended to read as fol w : - "(a) There is hereby est bl shed a special fund for � the administration and d st ibution of the proceeds contributed by charitabl g mbling in on-sale liquor establishments as specif ed in this chapter. Monies " � �►/� , �'�'-�--a'�� . _ �y�� in this fund may be expende o ly for such lawful purposes as set forth _in Mi sota Statutes , Chapter 349 , and shall be expended o assist youth a�k�e��e organizations which are not s lling pull-tabs and tivboards in licensed estab i hments ." S ct on 6 . Section 409. 23(b) (1) of th S int Pau1 Legislative Code is herebv anended to read as follo s : "(1) Applicants for fundin st be incorporated, nonprofit organizations fo d for the purpose of supporting youth s»e��s aa �k�e��e programs . Booster clubs organized fo recreation center or a s�ecific sport may b e igible, but organized school� tear_1s , wh.ether pub ic or private, will not be eli�ible. Evidence th t � n or ariizatiori has ,. � been reco nized b t e IR a exemnt rom taxation nursuant to U. S . C. §50 o is usin an organi- zation so reco riize as a sca a ent s a e acce te as nroo that it i a non ro it or ani- zation; ut suc evi ence i not t e exc usive met o o estab ishin no . o it status . Se tion 7 . Section 404.10(6) of the S 'nt Paul Legislative Code is " hereby amended to read as fol o s : "(6) Ten ercerit (10%) o he proceeds received from the gam ing activity � e �a�ee�de�. ex�v �e �keae e�gar�}�a��e�s ar�d a.e�}e' �} s e��g}b�e xxde� See��e� - 489-��a}� �sh�all be pa'id to the Furid est�ablished under sectioii �40 . o t e S in Pau Le is �ative Co e. � � n�a .' , ��O�t'`j. . _ � /y6/3 � ��-- �:� 3 � -5- Se tion 8 . - Section 404. 10(17) of th aint Paul Legislative Code is hereby repealed. S ction 9 . � Section 409 . 21 of the S in Paul Legislative Code is hereby amended by adding a new subs ct on (d) at the end tYi.ereof, to read as follows : � "(d) No charitable orga i ation, whether a large organization, exeinpt .un e state law, licensed by the State of Minneso a or issued a gambling permit under any ordin c , shall sell pull-tabs and/or tip boards in m re than three (3) estab- lishments licensed by he city of Saint Paul for the sale of intoxicati � iquor in accordance with section 409 . 22; F o ' ded, however, that no such organization may p ate in a second estab- - lishment until it has e in full operation for � at least three months 'n the first establishment, nor operate in a thir e tablishr.ient until it has been in full operatio f r at least three months in both the first and se ond establishments . " ection 10. This ordinance shall a e effect and be in force thirty • (30) days following its pa s ge, approval and publication. Section 11. Section 2 of this or i nce shall be effective corcunencing - as provided herein, and t 'nating on December 31 , 19°O , such ' � � � k�6 WHITE — CITY CLERK �.AdNK — FINANCE - '7 �� T'" �� , � ' CANARV�—DEPARTMENT �'•�� GITY OF SAI PATTL COl1I1C11 �./r _ _ ,h J ..f,.• / _BLUE =MAVOR File NO. - . � � Ordin n e Ordinance 1�1�. ��G�"� �� Presented By � Referred To ommittee: Date Out of Committee By Date b- _ sectia� to �ave no force or eff c after. suc� �ate ■x3less reanacted or exten�led by the en c ent of an ap�ropriate ordinance. COUNCIL MEMBERS � Yeas Nays � Requested by Department of: Dimond �.i �� [n Favo Goswitz 1ie'tttna�r �j B Scheibel Against Y Sonnen Wilson T'.. Form Approved by City Attorney Adopted by Council: Date ' f"`-tified Passed by Council Secretary BY dy � t ,c� Approved by Mayor: Date l :� � "` Approved by Mayor for Submission to Council By BY - . � . � . . y�-�.� . . � . � � � • . u < .. � > „ ` � n � � � Z 01 I � � W z � � � � � „ " �. ' � a . 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""` — - < ? u m . � r r.'> v � � � 2 Q Z I \ �' � ^ , [ > ' w W � � ] % v Y > n Z Z � < p < � ► u u � p � � ' -pr. � e Y 0 1 [ ; rl W � I • V � � � � o � a . � v � < ` • x � Q n • � � Y Y N V ( = y ( O • s Q W , � � Z > ; • o u u . < J o V � � < > �+ ^� ► o Y � I r Q • Q ,. � Z • f [ Q' y r . y F � Y O 0 � W Z [ , > L O W Q [ �' ► i lL I� o o < o z � ; ` 4 V ^ � N Q �O Y. � . I : • 1. 01 .. ... .r � � � .�.. • � .• f �:'`�3 � l, ,� - J • � � � n � � ' � � � W ,,� � � � W _ . � ^ W - � � � � � Q � t � a �z w � ,,, � - •� z H z v � U � � �l. � • � � � � �1 ' •� ' � � � I � � � � � J 'I � � � r � � � s , � � � ,= I . . ,,G_'�- �.f� ��5 �x� 5 . . . , �� f� �i . ,.. � : _; . . ; _ , ,,;. . �� - .. . . � ' ` . .-. , 'r�'., _r . . . . . _ . , . . ,: : ._ .. . . .. � . . . ... � .. ,_ .. . . _. , i: �, � c i � : , - _ ; , , r ` : - — y-> � " . „ . ,. .._. . . _, i'�.. ��. .._. . _ -. _ . ' - . ,' - . . ��.� � ' . . . ,. . . . . . _ . � . . . .- . L � � � - � . � - � � . .. . � � ..,_.,`:.. . - � . . .. . .. . . ' . . . . , . . a ' ' i ' . ' pN+�O� � Ki � ` : �� _ : � � z- s �-�'� � _ �e.� �, . �MMITE - C�TV Cl_ERK P�� CE �C4NARv _.FIN4N DL�IE � �EPAR7MEN7 C I TY �r1AY0R OF A IN1' PA UL Council � r City Attny/PBB . File rJQ. G' G -- � �� ,, Counci esolution � --,, Presented By �°��''�/•r��f`f/ f\ -� %l Referred To Committee: Date Out of Committee By Date RESOLVED, that the on-sa e 'ntoxicating liquor license and all other licenses held by 1�ao D, I c. dba North End Depot for the premises at 1638 Rice Street n Saint Paul , are hereby suspended for a period of thre 3�onsec t've days , commencing and ending on the dates specifie�rein: u1 1 ul Z Jul 3 1988 This Resolution and the c ion taken are based upon the facts contained in the attached po ' c report which support the allegation contained in Notice of Heari g ated May 23 , 1988 , also attached to this Resolution. Such facts ar not contested by the licensee, as evidenced by the attached le te of counsel . The action taken herein is also based upon th f cts , circumstances and arguments presented by and on behalf o t e licensee. I COUNCIL MEMBERS f I Yeas � Nays Requested by Department o . Dimo�t8"�—' Long'-�' In F vot Goswitz Rettman `7 B �be1ry�� 7 Agai St Y Sonnep.�� Wilson �u� � S �$ Form Ap roved by ity ttorney Adopted by Council: Date • • � G ��'� Cerlified Pa.s y�ounc}i Se ar � By � By : Approve b � avor: a e �U� , � �9 Approved by Mayor for Submission to Council BY � By pit�3l�StlED JUiV 5 988 n r �� - y� � � ��'--�� DAVID EI WACHS ATTORNEY AND CO NSELOR AT LAW 2227 UN E ITY AVE. ST.PAUL, IN ESOTA b5114 June 7, 1988 ��"� - '� et- . �� , __, . -:._;�. JUi'�� 1988 Mr. Philip Byrne _ City Attorney ��`' . ' '• '° � � 5 , �°� :.� � �:�... :, 647 City Hall 20 West 4th Street St. Paul, MN 55102 Dear Mr. Byrne: As we discussed on the tele h ne , I represent North End Depot. We have received notice of th dministrative hearing which you have set f or July 14 , 1988 , he purpose of this correspondence is to advise you that my clie t ishes to waive all right to this proceeding , and further , wis e to appear before the City Council on June °16,`"1'988, for the pur o of presenting mitigating facts which might be considered by t e Council before the imposition of penalty. As we have discussed, my c ie t has implemented significant pro- cedural changes to prevent a y ecurrence of the incident in ques- tion, and since we have chos n ot to contest the facts in contro- versy, would you kindly arra g to have this item placed on the City Council agenda? If you have any questions , o if there is anything I can do to facilitate the resolution f this matter , please feel free to call me at 646-0891 or 331-5 71 . Thank you for your considera- tion. Sincerely, . , David Fei achs Attorney at Law ?�F/kk ; `�~`� � � CITY C�'F�?SA��I�1'��PAUL ; .... ` ,. t: Y � ,� 4FFICE OF THE CITY ATTORNEY ;; ... . � •��. :•` � : uii'iii�ii " -`:= "�- =t . , EDWARD P. STARR, CITY AT70RNEY '�'�;'•s-�'`�. ' . 647 City Hall, Sa�m Paul.Minnesota 55�02 EORGE I�TIMER � 612-298.512� 1.1AYOR May 23, 1988 M: . Donald Huot � NOTICE OF HEARING Two D, Inc . dba North End Depot 1638 Rice Street Sa int Paul , MN. 55117 RE: Nortn End Depot , _ Deaz N,r . Huot : • Thi s i s to noti fy you that a he z i g will be held concerning the 1 ice� sed premises stated above at the following time , date and olace : Date : July 14 , 1988 . Time : 9: 08 A. M. . � :lace : ?�oom� 1531 , Ra sey County Courthouse , 20 west Fourt treet , St. Paul , Mn. 55102 :ne j Jcc e �.ai 11 be an �d:� in istra i e La'w Judge izom the State of �:i �r,�sota Office of fic�ministr,ati e Hearings : ::ame : N,r . Jcn Lu d ' h3dr.ess : Cffice of o inistrative iiearings - �lour � Exchange B i ing� • . 310 Fourth Avenue South , � �:inneapoli , Mn. 55415 � . . � Telephone : 371-7645 �. . ' T:�e Counci ? of the City of S int Paul has the. authorit� to provide for hearings concerning i ensed premise-s , and for action '� against such licenses , under a ter 31�, including sections 310. 05 and 310. 66 , of the Saint a 1 Legislative Code. In th� . case of licenses for intoxicati g and non- intoxicating liquor , author�ity is also conveyed by s c ion 340A.41'5 of the Minnesota Statutes . • Evidence will be presented to th judge which may lead to adverse action aga inst the 1 icense or 1 i enseholder as follows : On March 31, 1988, a barten er in the licensed� establishment sold an alcoholic beverage ( shot of Peach Schnapps) to a person under the age of 2 ears in violation of section 409.08 (2) of the Saint Paul Le islative Code and Minn. Stat. 1986 , section 340A. 563 , � sub . 2. � � � .- �'i�'" �lj k> �. � public unless objection is ade and relief requested unaer Minnesota Statutes , section 14. 6 subdivision 2. Vezy truly yours, , . . . �� . � . U,. � .- � f v_� L t ,\ ♦ � You have the right_ to be represe t d by an attorney before and dur ing the hear ing if you so ch ose , or you can reptesent yourself. You may also have a per on of your choice represent you , to the extent not pzohibit d as unauthorized practice of law. The heazing will be conducted in ac ordance with the requizements of sections 14. 57 to 19. 62 of th innesota Statutes , and such parts of the proceduzes undez ec ion 310. �5 of the Saint Paul Legislative Code as may be appli a le. At hearing , the Administrative Law Judge will have all parties i8entify the�nselves for the rec r . Then the City will present its witnesses and evidence, eac o whom the licensee or attorney . � may cross=examine. The license ay Ehen offez in rebuttal any „ aitnesses or evidence it may w s to present , each of whom the City attorney nay cross�examin . The Administrative Law Judge may in addition hear relevant a d aterial tesLimony from persons not oresent� as witnesses who av a substantial iaterest in the ou�come of �he pLOCeeding; for example, the owners or occupants of �roperty located in close p oximity to th� licenseci pre�ises r�ay h�ve su'�stantial interest in t?�e outcome of �he p:oceeding. �.oncludinc arc, uments may be na e by t'�e parties. �,oncl��sionstof heazing , the Juoge will prepar rindings of Fact, L?w , and a sDeci f ic recomnenda io for action to b� taken. al � oocuments , re�or� s an� ��ou should br ing to t?�e hea i 9 ort your po si t ion . wi tnesses you will or may e d to supp . Subpoenas �nay �e available to o pel the: aLtendance of witnesses or ' the production of docume ts in conformity with Minnesota Rules , �art 1406.7600- . . . If you think that • this matter � bz ha�elVOa r�att rtney contact � a for�nal hearing , please con a t or . Y the undersigned. If a stipula i n or agreer�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 . , ,• If ou fail to appeaz at the e ing , the allegations against you ' ' Y � which have been stated earl er enthemsforfe tedmaylf n n3 publac • true and your ability to chal e g data is received into evide c aL the :�earirg , it may become • I ,� .. K..: � « a ~ � . V � .. 7 A Q W • .. S � N 2 GJ ` Q y m � � tll C < � � Y � n � � V = � F ` � n U I S QO C� '� . �V m j 0o N 4 % .r. •r� OQ '"'� J � •� u.� � a z i u a G �+-+� •� N < > � z � O • C .� � � W � v � a� a� � � J J : : c� � W ; � 7� • vs , o z 4 � ¢ z F � � � !-a J(��1 f� L O N W M " 4 . z W W O L-i tJ� '� O '� `x u � . 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Co. o� Air.erica, �ond INC. (dba :Jarth E'r��ep�S a)� 1638 Rice Street 55L IVo. 1�1308U3, exp. 1-31-81 � ID� �5873�+3 L-1Lt-81 Appn. trfr. Gn Sale Liquor S e Liquor irfr. Appn. G�7772 1-31-81� 'rom Silver Coaches Inc. to Two D ` S Qn �ale Liquor " " Q17773 1-31-81# ' ' �xT r. from Silver Coaches, Inc. , C.r. 276208, Z-15-�1 �n�' _� . t �� ..:==��'- On S I.iquor G,1�1lt0 1-31-82 ` �4� �� S d ��n ::ale Liquor QlEl1t1 1-3i-P2 2-3-81 United ire & Casualty o� On Sa e Liquor 1550 � 1-31-83 , Bond ,� 55-69910 Exp. Cont. * Su da Liquor 1550 1-31-33 1/27/$4 United States Fidelity •& �'� ON AL LIQUOR 5861 1-31-84 G��rarity Co. Bond #47-0130- SUN AY LIQUOR 5861 1-31-84 :�,�035-84-2 Exp. 1/31/85 O S le Liquor R11090 1/31/8: '�,iq . Lia. U.S.F. & G. Ins. Co. S nd y Llquor R11090 1/31/8� .�'CCO29473422 Exp. 1/31/85 On Sa e Liquor R16100 1-31-86 �_ '�/3/84 United Fire & Casualty b� S da Liquor 81.6100 1-31-86 Bond #SS-69910 CANCELLED ��G`�� ti Effective 3/3/84 - � -- ._ ----.��-- -----...___ ----- - 1-24-35 Great Am Ins. Co. Bond I _ � � � 5�83067 Exp. corrr ; . .� L-24-85 Liq. Liab. Constitution D, INC. 1638 Rice Street-55117 3tate Ins. #1040CJ* Exp. 1-31-86 � dba NORTH F.�1D DEPOT ID# 4587343 'BI:JD�R N0. 12/16/85 Constitutior, State Ins Co� - ale Liquor 500935 1-31-87 �p� S d y Liquor 500935 1-31-87 �ol #SMP-PES349G381-A Cancelled ', 4 G� le Liquor-A 16100 1-31-88 �ff. O1/17/86 (Liq Lia) ' p�� y Liquor 16100 1-31-33 � e Liquor(A) 16100 1-31-89 -- ._ _ --____ — y �q�r 16100 1-31-89 n le Liquor (A) 16100 1-31-90 � 11112 n y Liquor 16100 1-31-90 ; 1-15-86 Liq Liab-Transcontinental Ins, #B-1710, Exp. 1-31-87 1-24-85, Great American Ins Co. Bond #6683067, Exp. CONT " 1-15-87 Liq Liab-Transcontinental #CCP1664122, Exp. 1-31-88 � Viv SAI.� Lr(? 1_gg Liq Liab-Transcontinental Two , nc. dba '.Vorth End Depot # 1 4122 �• l�c��s��s due 06�1� �� on susp. i p to sale �q mi�g2 & 7/3)nCF88S9�6 ,w4�'es. Donald �. Fiuot 3 days ( /1, � 1-31-89 Liq. Liab. Transcontinental .a�4�'G y�p s� . Donald J. Paster �t;y'P2738367 Exp. 1-31-90 � 2/14/89 PH on anpnOtf�oR Class C Gam � Sec. Patricia �uinn Loc Lic INDEF. LA � p� Stoc Donald A. Huot ��,'� �ti Donald J. Paster �C,�" s �Exkib�'f � �7 - � PAGE 2 OF 2 �,- �� 63 Rice St. -• ' S51i7 � " TD#4587343 .: Tw D Inc. dba North End Depot Entertainment R16100 1/31/86 -c� � Off Sa1e Ma1t R16100 1/31/86 � �f,�� Entertaimnent 500935 1-31-87 G�' Off Sale Malt S00935 1-31-87 Q�g`�� Entertair�ment 16100 1-31-8 8 Off Sale Malt 16100 1-31-88 �� Restaurant (B) 16100 1-31-88 Restaurant(B) 16100 1-31-89 b��u 2� �, _ 16ie�D`,5�. � -�r—T;—s�- F�tertairnnent(D) 16100 1-31-89 Class C Gambling Loc. 20022 1-31-90* Entertainment IV 16100 1-31-90 Restaurant (B) 161d00f 1-3 -90 * /1 /89 P'H. on Appn - Laqed over In e 3/27/89 I hereby certify tha �"t ese two pages are true and exact copies � of the records of t L cense $ Permit Division of the City of St. Paul for Two D, nc dba North End Depot �t 1638 Rice Street. � �''"'� KRISTINA L VAN HORN � ��NOTARV PUBUC-MINNESOtA J . 0 a en DAKOTA COUNTY cense � Permit Division My Commission Expires Jan.2, 1992 ��`�+��nnnnnn Y ��,;,�.:��.,Y� l�.- �Iz��' .