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89-1189 WNITE - CITY CLERK .� COIlIICIl nn PINK - FINANCE G I TY O A I NT PA LT L CANARV - DEPARTMENT � I/17 BLUE - MAVOR File NO. '< < City Attny/PBB • � //� unc� esolution -� ;�-� 1 ``� 4 Presented By � .. Referred To Committee: Date Out of Committee By Date RESOLVED that the Liquo o Sale, Sunday on Sale Liquor, Off Sale malt and Restaurant 1 ' enses held by 859 Randolph Corporation, dba Spot Bar, M . ichael K. 0'Toole, President , for the premises at 859 Rand 1 Avenue in St . Paul are hereby suspended for 1 day. The su p sion shall be effective on the second Sunday following publ c ion of this Resolution. FURTHER RESOLVED, that h Report of the Administrative Law Judge dated May 3, 1989 , w"th its Findings of Fact, Conclusions of Law, and Memo a dum is expressly ratified and adopted as the written findi g and conclusions, of the Council except that: Findings 4 and hich are hereby �.mended by deleting the lst sentence in'� �� ; and deleting t�.e lst and 2nd sentences of ��5 . The Counci oes not adopt hiis Recommendation, and departs downward from th' resumptive penalty provided by section 409 . 26 of the Saint a 1 Legislative Code . This departure is based on Findin f Fact ��6 of the Administrative Law Judge Report and the ga 1 ng activity appeared to be an - isolated incident not part o n organized, systema.tic cause of conduct . ; ' This Resolution is bas n the proceedings before the Administrative Law Judge, i 1 ding the hearing, on April 5 , 1989 , the documents and exhibits ' t oduced therein, ithe testimony offered by and on behalf of th licensee at th Council hearing on June 22, 1989 , and the d li erations of the�Council in open session. ' A copy of this resolut' on as adopted, sha�ll be sent by first class mail to the Adm'ni trative Law Jud�e, and to counsel for the licenseholder. COUNCIL MEMBERS Requested by Departrnent of: Yeas Nays Dimond c,.� Long " � [n Fav r Goswitz Rettman O B Sc6eibel A gai n s Y 9ueeeQ Wilson � �� 6 � Form Approved by City Attorney Adopted by Council: Date "` Certified Pass Council S t By ��'�' /'�� e^Z3 �B� sy A►ppro by �lavor: Date _ �� 7 Approved by Mayor for Submission to Council B — By pUgUSt�D J U L 15 1989 � � � . -- `�� //G 1 , _..-. � ; ��` , _ . �� , ; �;�,�_� �, �°�� .°'� _--% � , 64-2101-3231-6 � ��^� f �. ...,�! RECENED �.�� .. STATE 0 INNESOTA �A1( Q 5 �9a9 OFFICE OF ADMI I TRATIVE HEARINGS CITY CLERK FOR THE CITY 0 S . PAUL, MINNESOTA In the Matter of the Liquor FINDINGS OF FACT, License of 859 Randolph Corpor ti n, C U I0 , A D d/b/a Spot Bar ECOMMENDATION The above-entitled matter c me on for heari�g before Administrative Law Judge Fran W Levin, at 9 : OO ;a.m. on April 5, 1989. The record cl se at the conclusion of the hearing. Philip B. Byrne, Assista t ity Attorney, City of St . Paul , 647 City Hall , St. Paul , Minn so a 55102 , appeared on behalf of the City of St. Paul . Ter a e S. 0'Toole, Attorney at Law, 1009 Summit Avenue, St . Paul innesota >j105, appeared on behalf of 8�9 Randolph Corpor t ' on, d/b/a Spot �ar. This Report is a recomme d tion, not a final decision. The St . Paul City Council will ma e the fina� decision after a review of the record which may adopt, eject or modify the Findings of Fact , Conclusions , and Recom en ations contained herein. Pursuant to Minn. Stat . Section 14. 61 t e final decision of the Council shall not be made until this Re ort has been made available to the parties to the proceedin f r at least ten days . An opportu- nity must be afforded to eac p rty adversely a;ffected by this Report to file exceptions an esent argument to the Council . Parties should coritact Alber . Olson, City C erk, St. Paul City Council , 386 City Hal1 , S . Paul , Minneso a 55102 , to ascertain the procedure for i ing exceptions r presenting argument . STA EM NT OF ISSUES The issues in this pro ee ing are whether Michael K. 0'Toole, 859 Randolph Corporation, o t e manager and employees of the Spot Bar permitted unlawful g bling activities to take place on the licensed premises , in v ol tion of Minn. Stat . Section 340A. 410, subd. S ( 1986 ) and St . P ul Legislative Code, Section 409. 08(6 ) ; and, if so, whether h Respondent ' s liquor license should be revoked, subject to fine , r suspended; and if suspended, for what period of time. Based upon all the pr ce dings herein, the Administrative Law Judge makes the follow'ng ! . -� � - FINDI GS OF FACT 1 . Michael K. 0'Too1e i t e principal shareholder and officer of 859 Randolph Corpor t ' on, doing business as The Spot Bar. The corporation operates a ar and restaurant establish- ment at the address described n its corporate name in St . Paul , Minnesota. On December 19, 19 8 the date of the incident in question, the Spot Bar had On a e Liquor-C, Sunday Liquor, Off Sa1e Malt beverage and Restaur n (B) licenses from the City of St . Paul . The current licenses re due to expire on January 31 , 1990. 2 . On December 19, 198 a about 1 : 30 p.m. Sgt . Richard Klein of the vice unit of the St Paul Police Department stopped at the Spot Bar. He observed th t there were approximately eight persons congregated at he north end of th� bar. Money and playing cards were presen o the bar where �hese persons were located. These persons nd a female barter�der were playing cards . Money was being bet a d t the end of ea�ch hand, the apparent winner would collect t e money. Sgt . Klein watched four hands played, all in the same m ner. He was not able to identify the particular card game whic as being played. Sgt . Klein, who was dressed in civilian attir , did not identify himself as a police officer during the tim e was present in the bar. 3 . Sgt . Klein' s visit o the Spot Bar was not the result of a tip or complaint . It was random stop while he was making premises checks in that part f the city. , 4. In addition to the fe ale bartender_ �ho was partici- pating in the card game , an ld r, male bartend�r was also present on the premises . Mi ha 1 K. 0'Toole wa� not present during the incident in quest on i � � 5. The older, male har e der was acting as manager at the time of the incident in ques i . He is an exp rienced employee and was aware that gambling as taking place. he female bar- tender had been employed for a proximately six onths at the time of the incident in ques i . � 6. Prior to the incid n in question, Mi�chael K. 0'Toole had instructed that his empl y es not to permit gambling or other illegal activities on the pr m ses . He has barred patrons who have attempted to break the a or who were troublemakers from the premises . He spoke wit t e employees following the incident and re-emphasized that viol ti ns of law will not be tolerated: 7. There is no evide ce that Mr. 0'Toole or any employee of the bar received any mon y s a result of the gambling going on at the premises . There ' s o evidence of any aggravating circumstances . Based on the foregoing Fi dings of Fact, the Administrative Law Judge makes the followi g : � t .,. .a , •. �P�— //� ;�. CO C USIONS 1 . The St . Paul City o ncil and the Administrative Law Judge have jurisdiction in t i matter pursuan� to Minn. Stat. Sections 14. �0 and 340A.415 ( 1 86 ) and St. Paul Legislative. Code Sections 310.0� and .06 . 2 . The City of St. Pa 1 has fulfilled aIl relevant sub- stantive and procedural req ir ments of law and rule. 3. The Spot Bar is lice sed by the City of St . Paul to sell intoxicating liquors a ' i s establishment and is , therefore , required to comply with the pr visions of Minn, Stat . Section 340A.415 regarding liquor s le licensure, Minrh. Stat� Section 340A.410, subd. S relating o ambling activit�es , - and St . Paul Legislative Code Section 40 .0 ( 6 ) relating to gambling activities . 4. The City of St. P ul has proved by a ' preponderance of the evidence that Responden p rmitted unlawful gambling activities at The Spot Bar on December 19 1988 in violation of Minn. Stat . Section 340A.410, subd. 5 a d he St. Paul Legislative Code Sec- tion 409.08(6 ) . As a resul o the violations of Minnesota statutes and the St . Paul L gi lative Code, disciplinary action is warranted. Based upon the foregoi g onclusion, the Administrative Law Judge makes the following: RE OM ENDATION IT IS RESPFCTFULLY REC M NDED that the St . Paul City Council suspend the On Sa1e Li uor-C, Sunday L' quor, Off Sale Malt beverage and Restauran (B) licenses of Ri�hard K. 0'Toole , 859 Randolph Corporation, d b/ The Spot Bar f�r a period not exceeding three working day . �; ,, Dated: May 2, 1989 2f/. RA K . E IN Administrat�ve Law Judge TICE Pursuant to Minn. Stat ection 14. 62, subd. 1 , the agency is required to serve its fi a decision upon each party and upon the Administrative Law J dge by first class mail . Reported: Taped. One Cass t e. 3- t ; . . a�.� ,. . � i��:�y MEM NDUM City' s Exhibit 6 indicat s that three-day suspensions have been imposed by the Council i omewhat similar cases involving Awada ' s Bar, Dahir' s Bar, Gab s By the Park, Ricci ' s Lounge, and Wallace ' s West Side Bar. The case of Easy Street e t Bar, (one-day ;suspension) , involved a charitable gamblin iolation, which 'the Council may have regarded as somewhat of echnical violation. The cases of the Arcade Bar, ( 11-day su p nsion) , and Grand Central , ( six- day suspension) , involved hea y gambling, participation by management, a variety of diff r nt forms of gambling, sophisti- cated and organized planning, ' o other aggravat�.ng circumstances . The circumstances involving Y n arelly' s Bar, (tiwo-day suspension) , were not presented to the ALJ. i Although �there are no ag r vating circumst�nces present , neither do there seem to be a y particularly mitigating circum- stances other than the fact t a Michael K. 0'Toole seemed genuinely concerned about the p esence of gambling on the premises . In view of all the cire s ances , a three-day suspension is fair and is consistent with i r disciplinary action. .W L.�.� I I I i , i I i � � -4 .,,, ,.., - :�'- :�''`.,;�� s�.,v, 3��T• �.l,, �� CITY OF SAINT PAUL a; �?, -- OFFICE OF 7HE CITY ATTORNEY =;,m �� „ r 1O1 1°° ::> EDWARD P. STARR, CITY ATTORNEY �"t;�n�'°'fi'°�� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR RECEIVED June 2, 1989 � �uN o 51sa9 CI�'�' CL�RK _ ,- Mr . Albert B. Olson City Clerk Room 386 City Hall St. Paul, MN. 55102 � Dear Mr. Olson: At the request of Mr. 0'Toole who represents both the Spot Bar (currently scheduled for J e 6) and the Trend Bar (June 20) and who advised me this mornin t at he has schedule conflicts on both, we have determined t at June 22 , 1989 , is the best date to hear arguments on the A J' Reports on both the Spot Bar and -- the Trend Bar. I will advise Council Pres ' de t Scheibel by copy of this letter , and you will circulate thi t the oth.er members as per our conversation this afternoo . Very truly yours , � � �• PHILIP B BYRNE Assistant City Attorney cc : Terrance S . 0' Toole ' James Scheibel ! C_ � ,�� 4s � �°��' CITY OF SAINT PAUL s:��,*, o. ''�� ':9 �; ��, OFFICE OF THE CITY ATTORNEY a, ��'�� EDW/#RD P. STARR, CITY ATTORNEY �;: nu �nu ^= ,.,. '�``'��,,,nQ^��m.��''`' 647 City Nall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR May 5, 1989 RECEIVED Mr . Michael K. 0'Toole, Pres. Randolph Corporation dba Spot Bar ! MAY � 81�89 859 Randolph Avenue � st: Paul, MN SS1P12 � i CITY CLERK RE: Spot Bar Dear Mr. 0 'Toole: , Please take notice that a h a ing on the report of the _ Administrative Law Judge co c rning the above=mentioned establishment has been scheduled f r 9:00 o'clock a.m., May 23, 1989, in the City Council Chamb r , Third Floor, Saint Paul City Hall and Ramsey County Courthou e. i You have the opportunity to fi e xceptions to t�ie report with .� the City Clerk at any time du i g normal busine�ss hours. You may also present oral or writt n argument to the Council at the hearing. No new evidence will be received or testimony taken at this hearing. The Council wil ase its decision on the record of the proceedings before the dm nistrative Law �udge and on the arguments made and exception iled, but may depart from the recomm endations of such Judge s ermitted by law in the exercise of its judgment and discretion Sincerely, , PHILIP B. BYRNE Assistant City Attorney cc: Joseph F. Carchedi License Inspector Lt. Donald S. Winger Vice Unit Albert B. O1 son City Clerk , Terrance S. 0'Toole, E q. Attorney for Licensee 1 � 9- //�� ,1ltS�{ nitII(p��t��•i �•.. ...','•:i��f1�� I ./ _1 DUNp�;�^l�y �O �a � R) ,�3 , :� _ __ :,�. 1•,nL' "�'�g'}��.1.�4 �1�Itl[IILII�'" STATE F M I N N ESOTA OFFICE OF A MI ISTRATIVE HEARINGS FIFTH FLOO FL R EXCHANGE BUILDING I RE��FV�D 310 F URT AVENUE SOUTH MINNE OLI ,MINNESOTA 55415 �AY O 5�98� (61 )341•7600 M y . 1989 CI�TY CLIERK i i i I Albert B. Olson City Clerk 386 City Hall St. Paul, MN 55102 Re: Mr. Michael K. 0'Toole, P es 859 Randolph Corp. d/b/a po Bar St. Paul, Minnesota 5510 OAH No. 64-2101-3231-6 Dear Mr. Olson: Enclosed please find the orig na Findings of Fact, Conclusions and Recommendation in the above-capti ne case. I am closing our file in this matter and am returning the offic al record to you. ; Sincerely, D��..c,'�-`„�,e' C '`'f`�-�-�e�� Louise C. Coop�r Office of Admi�istrative Hearings enclosures i ; AN EG�U L PPORTUNITY EMPLOYER FRANK W L VIN. P.A. �rro cr r uw 1200 PlY BUILDING � 12 SO S� STREET MINNEAPOLIS MIN ESOTA 55402 1612 344 1810 May 3 , 1989 Philip B. Byrne Terrance S. 0'Tbole Assistant City Attorney Attorney at Law, City of St. Paul 1009 Summit Ave,nue 647 City Hall St. Paul , MN 5j5105 St . Paul , MN 55102 RE: Licenses of Spot Bar OAH NO. : 64-2101-3231-6 Gentlemen: Enclosed and herewith served po you by United States Mail please find Findings of Fact , Co clusions and Recommendation in the above-captioned matter. i Sincerely, i i , Frank W. Levin I � FWL/ss ' Encl . . i � � °��r� ��' CITY OF SAINT PAUL ;:`�,,, o, �,,• • > �; �f 'i�, OFFICE OF THE CITY ATTORNEY � iiii�i:iiii� >` ..., „� EDWVARD P. STARR, CITY ATTORNEY ,, ''��,��.•�'``` 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR � � � �n y � O 6� m t y � � .�11 �� 4 o f� p C. H �`Il a'� . .��w LL � ',� ",. y - '�\` p � � � � � � � � � 1 w � m a� ' �� o �� F d � o � d � o � �, � .. - ��'`�- ��' ' � N��' .i�' � ,� � � ` � o c> � ,°, a � W ca'� �d � o �d � � � m N �� N • �� H d •O � U� �y bD � � N �C v p . � � � � , ��, �� o inuance, the �hearing in the � � ',�', �' ��,� � HQ d or April 5 , 1989 , at 9: 00 �� ; om Commerce Building. o '' a� �a - ► �� ' � � � � � N ' r� �� i � y.'� � � � °, i ° o� o �r� � y N �r� I � �� I U1 0 � .cd� i � y � �� I � , �� I � � � �• y I , w 'm ¢ O O � � ' � � � � � 0 I � � � I � Q� w � �I' � �.n � � � H.� � � � � (�j,] � T � � � � t �� d G ,� y;o o � � � • .r� 'a� u�i o � � a � y� o a�:o o d $ d oG �, °' N � � z � �� '� ��' o ° 'c zd N �x N��0 � � z ^ ,. y'' O y � d �> '� i� 'O Q,U � � � E a �a d a r o ¢ ""' y-+ � O+:d o �' Z v � � M 'T O �', � T a� � a� �� o � v� � z °' � y-' o y d � cd � '' o y C r' � 7, y co � � d • C � � � O�� F'�.�� ' U I ��_ ��`Q''� ;� TERRAN E S. O'TOOLE A RN AT LAW 1009 SUM IT AVENUE � SAINT Pau , Mi NESOTA SS1O5 222 539 March 13 1989 Frank W. Levin, Esq. 1208 Plymouth Building 12 South 6th Street Minneapolis, MN 55402 In re: Spot Bar, 859 Rand 1 h Avenue Hearing scheduled o March 23 , 1989 Dear Mr. Levin: I represent the Spot Bar, n I am also a trial lawyer, and I have two criminal matters on h district court calendar, Ramsey county, on the 23d of Ma c . Therefore, I would appre- ciate it if you could give me a ot er date for this hearing. Thank you very much for yo r nticipated cooperation in this matter. Ve y truly yours, ' _-----�-- � � A'�2'� I i(./ ��` " ',. �� Te rance S. 0'Too � TSO:bl cc: Philip B. Byrne Assistant City Attorney 647 City Hall , St. Paul , M 5 102 �.J' 7 ` `7 f� ��s'��` �'�z�. - C�� _ a� o� _ 3�3� ';�=� CEI� CITY OF SAINT PAUL s�,�,o. , �;`• '��, °� 2 2 � OFFICE OF THE CITY ATTORNEY .� uuu�nm .� '� t°� 10�� = MINJSTF�� EDWARD P. STARR, CITY ATTORNEY <;. '�`"f�n,,,�,'„fi,•°'`` H�'� � 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER � MAYOR February 21 , 1989 � Mr . Michael K. 0'Toole, Pres. NOTICE OF HEARIr]G 859 Randolph Corporation dba Sp t Bar 859 Randolph Avenue St. Paul , Mn. 55102 ; RE: Spot Bar , 859 Randolph Ave ue Dear Mr. 0'Toole: This is to notify you that a ea ing will be held concerning all the licenses held at the prem s s stated above at the following time, date and place: Date: March 23, 1 8 Time: 9:00 a.m. �- : � p.m. Room 15f�3 it Hall Annex 25 W. Four h treet, St. Paul, Mn. 55102 i The judge will be an Adminis r tive Law Judge £�rom the State of Minnesota Office of Administr t 've Hearings: ; � � � Name: Frank W L vin, Esq. � Address: 12QJ8 P1 o th Bldg . , 12 Sou�th 6th Street Minneapo i , Mn. 554(32 ; Telephone: 344=1810 � The Council of the City o aint Paul has the authority to provide for hearings conc rning licensed premises , and for adverse action against s c licenses , tznder Chapter 31� , including sections 31Ql. Q! nd 310. P16 , of the Saint Paul Legislative Code. In the as of licenses for intoxicating and non- intoxicating liquor , a th rity is also conveyed by section 34fdA.415 of the Minnesota S a utes. Adverse action may include revocation, suspension, fin s nd other penalties or conditions. Evidence will be presented o he judge which may lead to adverse action aga inst all the 1 ice s s you hold at the above prem i ses as follows : On December 19, 1988 , illeg 1 gambling took place on the licensed premises contrary t s ction 409.08 (6) of the Saint Paul Legislative Code. You have the right to be repres nt d by an attorney before and during the hearing if you so h ose, or you can represent yourself. You may also have a erson of your choice represent you, to the extent not prohibit d as unauthorized practice of law. The hearing will be conducted in ac ordance with th� requirem ents of sections 14.57 to 14.62 of th innesota Statu�es, and such parts of the procedures under ection 310.�J5 of the Saint Paul Legislative Code as may be appl 'ca le. At hearing , the Administrative L w Judge will have all parties identify themselves for the re or . Then the City will present its witnesses and evidence, eac o whom the licensee or attorney may cross-examine. The licens e ay then offer in rebuttal any witnesses or evidence it may is 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 ro imity to the licensed premises may have substantial interes i the outcome of the proceeding. Concluding arguments may be m d by the parties. Following the hearing, the Judge will prepa e indings of Fact, Conclusions of Law, and a specific recommend ti n for action to be taken. You should bring to the he r ' ng all docum ents , records and witnesses you will or may n ed to support your position. Subpoenas m ay be available to c m pel the attendance of witnesses or the production of docum nt in conformity with Minnesota Rules, part 140�1.70JAfd. If you think that this matte an be resolved o�r settled without a formal hearing , please co t ct or have your attorney contact the undersigned. If a stipu at on or agreem ent can be reached as to the facts , that stipu a ion will be presented to the Administrative Law Judge o incorporation into his or her recommendation for Council ct on. If you fail to appear at the h aring, the allegations against you which have been stated ear i r in this notice may be taken as . . , . true and your ability to chal e e them forfeited. If non•-public data is received into evide c at the hearing , it may become public unless objection is m de and relief requested under Minnesota Statutes, section 4. 0, subdivision 2. Very truly yours, PHILIP 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 Administrativ arings , Terrance S. 0 ' Toole j Attorney for the Licens e ' -:-., � � i��' � • ��..�, �4��*• �.;,� �',�s�Xkrb 1 CITY OF SAINT PAUL g; ��, !�/ 5) OFFICE OF THE CITY ATTORNEY �� wnrum. �; i%: "'� 1°°' ��- EDWARD P. STARR, CITY ATTORNEY ,r. - `'"n4,,;m',,�.��'��` 647 City Hall, Saint Paul,Minnesota 55102 612-298-5131 GEORGE LATIMER MAYOR March 21, 1989 Mr. Terrance S . 0'Toole Attorney at Law : 1009 Summit Avenue ; St. Paul, MN. 55105 ' RE: Spot Bar Dear Mr . 0'Toole: Pursuant to your request for a continuance, the hearing in the above matter ha"s been resche u ed for April 5 , 1989 , at 9 : 00 a.m. in the 9th Floor Confer n e Room, Commerce Building. Very truly yours , r � I PHILIP B. BYRNE i Assistant City Attorney I I cc : Frank W. Levin, Esq . �I Administrative Law Ju ge i I � i � " s��T• �. CITY OF SAINT PAUL ��' �:� g; ��, OFFICE OF THE CITY ATTORNEY �� uuu,nm ,; i.r tlll Illfll ^� .,. _ EDWARD P. STARR, CITY ATTORNEl .; `''m�,n�',.��•��''�' 647 City Hall, Saint Paul,Minnesota 5510. GEORGE LATIMER 6�z-298-5�2� MAYOR February 21 , 1989 Mr . Michael K. 0'Toole, Pres. NOTICE OF HEARIrIG 859 Randolph Corporation dba Spot a 859 Randoloh Avenue St. Paul , Mn. 551�2 RE: Spot Bar , 859 Randolph Avenue Dear Mr. 0'Toole: This is to notify you that a he ri g will be held �oncerning all the licenses held at the premis s stated above at the following time, date and place: Date: March 23, 19 9 Time: 9:414J a.m.�2: 0 .m. Room 154l3 Ci y all �Annex 25 W. Fourth S reet, St. Paul , Mn. 55102 The judge will be an Administ at ve Law Judge from the State of Minnesota Office of Administra iv Hearings: Name: Frank W. e in, Esq. Address: 1208 Plym u Bldg . , 12 South 6th Street Minneapol ' s Mn. 55402 Telephone: 344=1810 The Council of the City of S int Paul has the authority to provide for hearings conce n ' ng licensed premises , and for adverse action against su h licenses , iander Chapter 310 , including sections 314�. 05 and 315. 06 , of the Saint Paul Legislative Code. In the c s of licenses for intoxicating and non- intoxicating liquor , au h rity is also conveyed by section 34(dA.415 of the Minnesota S at tes. Adverse action may include revocation, suspension, fine nd other oenalties or conditions. Evidence will be presented o he judge which may lead to adverse action against all the lice s s you hold at the above premises as follows : On December 19, 1988 , il e al gambling toak place on the licensed premises contrar t section 4f�9.08 (6) of the Saint Paul Legislative Code. 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 ck�oice represent you, to the extent not prohibit d as unauthori �ed practice of law. ; The hearing will be conducted n ccordance with khe requirem ents of sections 14.57 to 14.62 of h Minnesota Sta�utes, and such parts of the p.rocedures unde s ction 3141.�5 of the Saint Paul Legislative Code as may be ap li able. At hearing , the Administrati e aw 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 w ' sh to present, �ach of whom the City attorney may cross-exam ne �The Administ�ativz Law Judge may in addition hear relevant n m aterial testi�ony from persons not presented as witnesses wh h ve a substantiall interest in the outcome of the proceeding; f r xample, the owners or occupants of property located in close pr ximity to the licensed premises m ay have substantial intere t n the outcom e of the proceeding. Concluding arguments may be a by the parties. Following the hearing, the Judge will prep re Findings of Fact, Conclusions of Law, and a specific recommend t on for action to be taken. You should bring to the hear ng all docum ents , records and witnesses you will or may n ed to support your position. Subpoenas m ay be available t c m pel the attend�nce of witnesses or the production of docum nts in conformit�t with Minnesota Rules, part 14�1�.7A0P1. If you think that this m atte an be resolved or settled without a formal hearing , please co t ct or have your attorney contact the undersigned. If a stipul t on or agreement can be reached as to the facts , that stipu a ion will be presented to the Administrative Law Judge or incorporation into his or her recommendation for Council a t 'on. If you fail to appear at the he ring, the allegations against you which have been stated ear ie in this notice may be taken as � - �9 i/.�'� true and your ability to challeng t em forfeited. Tf non�public data is received into evidence t the hearing , it may become public unless objection is m a e and relief requested under Minnesota Statutes, section 14.60, ubdivision 2. Very truly yours, PHILIP B. BYRNE Assistant City Attorney (612) 298 `=5121 Atty. Reg . No. 13961 cc: Joseph F. Carchedi License Inspector Lt. Donald Winger Vice Unit Albert B. Olson : City Cler.k Paige Purcell Office of Administrative e rings Terrance S. 0 'Toole Attorney for the Licensee . �� 5 � ,b; � Z �"9- /�� . �, �� LIC NSES §310.01 SUBTITLE A. IN GENERAL Legislatiue Code Chapter 310. Uniform License Procedur Class I Licenses Chapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Ma�ufacturing and For the purposes of this chapter, any chapte' of Distributing , 316 the Legislative Code pertaining to licenses as h re- Amusement Rides' 317 inafter mentioned, and subsequently enacted o di- Mechanical Amuse�ment Devices 318 nances establishing or relating to the requirem ts Bill Posters 319 for Class I, Class II and Class III licenses un er Bituminous Contr'ctors 320 authority of the City of Saint Paul, the te s Boarding and F�oominghouses; defined in this section shall have the meani gs Dormitories ' 321 ascribed to them: Bowling Alleys; Pqol Halls 322 � Christmas�ee Sa1es 323 Adaerse action means the revocation or sus n- _ Cigarettes 324 sion of a license, the imposition of conditions u on Close-Out Sales 325 a license,the denial of an application for the gr nt, $uilding Contractors 326 issuance, renewal or transfer of a license, nd Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action ta en Plants; Laundries 327 with respect to a license, licensee or applicant for Electrical and Appliance Repair 328 • a license. ` Fire Alarm—Telephone Devices; � Bond means a bond meeting the requirem nts Apparatus Installers 329 of Section 310.07 and indemnifying the Cit of Florists 330 Saint Paul against all claims,judgments or s its Food License ; 331 c�used by, resulting from or in connection ith Fuel Dealers—Liq id Fuel 332 any licensed business, activity, premises, th ng, Fuel Dealers—Sol'd Fuel 333 facility, occurrence or otherwise under t ese Fumigating—PestiControl 334 chapters. Gasoline Filling S�ations 335 Private Fuel Pum�s 336 , Building official means the supervisor of de Hardware Stores ! 337 enforcement in the department of commu ity House Sewer Con�ractors 338 services. Ice Cream Processang and Distrib- uting 339 Chapters and these chapters shall mean his Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk ' 341 Legislative Code pertaining to licenses as re- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted rdi- Opticians ; 343 nances establishing or relating to the requirem nts Pawn Shops 344 for Class I, Class II and Class III licenses u der Peddlers 345 authority of the City of Saint Paul. Soliciting ' 346 Pet Shops 347 Class 1 licereses means those licenses which can Radio and Televisfion Repairs 348 be approved and issued or denied by the in ec Rental of Clothin� 349 tor, subject to the procedures required by t es Rental of Hospital Equipment 350 chapters. The following licenses are so classi ied Rental of Kitchentivare 351 . and the numbers shown opposite them corres on Rental of Trailers 352 to the chapters in the Legislative Code pertai in Roller Rinks 353 to each license: Sanitary Disposal 354 Supp.No.4 ' 2027 $310.01 LEGISLATNE OD " .�"�'�' ,,.::•-.� :=: . Legislative Legislative Code , Code Class I Licenses Chapter ass III Licenses Chapter Secondhand Dealers 355 ctioneers 400 Sidewalk Contractors 356 otor Vehicle and Parts Dealer 401 Solid Waste 357 'ngo 402 Sign and Billboard Construction 358 ingo Halls 403 Sound Trucks and Broadcasting rivate Clubs 404 Vehicles 359 ance Halls 405 Public Swimming Pools 360 ame Rooms 406 Tow�ucks—Service Vehicles 361 otel 407 Tree'I�imming 362 unk Salvage and Scrap 408 Vending Machines 363 toxicating Liquor ; . 409 Veterinary Hospital 364 onintoxicating Liquor 410 Window Cleaning 365 ntertainment 411 Block Parties 366 assage Parlors and Sau�nas 412 Tattoo Parlors 367 onversion Parlors 413 Wrecking of Buildings 368 asseur-Masseuse 414 Building�Yades Business Licenses 369 otion Picture Theatres 415 Building Trades Certificates of otion Picture Drive-In Theatres 416 Competency 370 arking Lots 417 Finishing Shop 371 axicabs 418 - Tire Recapping Plants 372 Gam}xling License 419 -�1 ' �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- o finance and management services, unless oth- ject to the procedures required by these chapters. e ise defined in the spec�fic chapter, section or The following licenses are so classified, and the s bdivision referred ta ' numbers shown opposite them correspond to the Division means the division of license and per- chapters in the Legislative Code pertaining to it administration in the department of finance each license: d management services. • Legisl¢tive Class II Licenses Code Fee means and includes both the license fee nd 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 ermits provided for or cov�ered by these chapters. Temporary On-Sale Beer Section 410.10 person means and inc des any person, firm, Temporary Wine and Liquor Section 409.25 orporation, partnership,�company, organization, Class III licenses means those licenses which gency, club or any grou$� or association thereof. can be approved or denied only by the council, t shall also include any$xecutor, administrator, subject to the procedures required by these chap- ��e, receiver or other tepresentative appointed ters. The following licenses are so classified, and Y ia�'• the numbers shown opposite them correspond to ' the chapters in the Legislative Code pertaining to Zoning administrator means the supervisor of . each license: code enforcement in the department of commu- Supp.No.4 '� 02 . � , �-,�i-�`� � �'' .3� L E ES $310.02 nity services, or the official charged with respon- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, § 510.01;Ord.No. 17303, § 3, 10-29-8 ; 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 permit ted by each applicant in his application, in addi- issued pursuant to these chapters shall make bot tion to that required by specific sections in these original and renewal applications to the inspect chapters, as may be necessary to carry out and on such forms as are provided by the divisio . enforce any provision hereunder. He shall require Such applications shall not be received by t in every case the applicant to submit his name; inspector until completely filled out, accompani d business or�corporate name; names of partners, by all fees, insurance policies, bonds, deposi s, officers,directors,shareholders or trustees involved sureties, and indemnifications or certificates e- in the business; age; Address; description or blue- � quired by these chapters, together with the ce i- print of the premises,3f any,and the owner thereof, fication required in paragraph(b)below. and locations and addresses of other business lo- cations in Minnesota. (b) Taxes. No person shall be granted a lice se, � a renewal of a license or transfer of a lice se (d) No reapplication within one year after de- required by the Saint Paul Legislative Code n- nial or revocation No person may apply for any less, prior to and in addition to any other req ire- license within one year of the denial or revoca- ments,rules or ordinances heretofore or here ter tion of the same or similar license by the city - - required, the Ramsey County Department of op- cpuncil, if such denial or revocation was based �,; ��' ;;-:� erty Taxation certifies that said applicant ha solely or partially upon misconduct or unfitness �• paid any and all taxes, real or personal, b for of the applicant, evidence of violations of law in- said taxes become delinquent, on any prop rty volving licensed premises, evidence that the ap- real or personal,situated within the City of ain plicant had been i�hvolved in the operation of a Paul and used in connection with the bus nes nuisance, or fraud br 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 paragrap , t transfer a license to the applicant. A license is council, the director or the inspector may ssu , "similar," within the meaning of this paragraph, • renew or transfer a license if it is found tha : 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 attor ey o cense of the type subsequently applied for. pay delinquent t�es in periodic install e ; (e) Reapplicatiqn after denia� "interest" of ap- (2) The applicant has properly comme ce a plicant in revoked license. An application by a proceeding to contest the amount of Y person ha��ing anlinterest in,or whose sharehold- due or the valuation of his proper y, d ers or officers ha,ve an interest in, any premises has made all partial payments requ red by or enterprise whose license has been revoked or law in connection with such procee ing or to which a license has been denied shall be treated (3) The business property with respect t w ich as an application by the person whose license was taxes are delinquent is not owne by he denied or revoked. The term "interest," as used applicant, but by a lessor, and it oul be �n this paragraph, includes any pecuniary inter- inequitable to require the lessee to ay uch est in the ownership, operation, management or _ taxes. profits of an establishment, but does not inclu�e: (. � - Supp.No.4 2029 §:i10.0`l LEGISLATNE OD bona fide loans; bona fide rental agreements; bona ria , the assistance of oth�r city divisions or fide open accounts or other obligations held with epa tments in making additional investigations or without security arising out of the ordinary r t e purpose of determining whether the appli- and regular course of business of selling or leas- nt is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- le o dinances and statutes. The approval of such tablishment; an interest in a corporation owning the divisions or departments is not required for or operating a hotel but having at least one hun- i su nce of a license unless otherwise required by dred fifty (150) or more rental units holding a pec fic sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- ati s shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- at r or his designee for compliance with all re- ing a license. uir ments of the Saint Pau� Zoning Code, and o w license shall be grant�d without full com- (� Prohibition on reapplication; exception. The lia ce with said requiremenits. All new applica- prohibition on reapplication herein provided shall ion involving a premises, lbcation, building or not apply in cases where it is otherwise expressly tru ture shall be referred t0 the director of the provided by statute or ordinance. ep rtment of fire and safety services and to the (�;) Waiting period af'ter fling of petition. Any uil ing official for investi,gation and recom- petition required to be filed with the application e ation. for any license shall not be considered as offic- Co 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working � - days sE'ter a petition is received in the inspector's c 310.04. Levels of approval;recommenda- off5ce. Durin� the seven-day �vaiting period, any tions. signatc�r of any petition may withdraw his name therefrom by written reyuest, and such request �a Cla�s I licenses. Where an application for _- he ant, issuance,renewal qr transfer of a Class shall be appended to the subject petition and made li nse meets all the requi�ements of law, and � a part thereof. After the seven-day waiting peri- he e exists no ground for dlenial, revocation or od, signatures may not be withdrawn unless it is us ension of, or the impositi�n of conditions upon, shown they were obtained by fraud or duress. uc license,the inspector shall grant,issue,renew Signatures withdrawn or obtained by fraud or r ansfer said license in accordance with the duress shall not be counted in determining the app ication. sufficiency of the petition. This subdivision shall apply in any case where the applicant for a li- Class II licenses. Where an application for ' cense or license transfer must present a state- the ant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or II 1 ense meets all the requirements of law, and percentage of persons that they have given their the e exists no ground for denial, revocation or consent to the grant of the license or license transfer. sus ension of,or the imposition of conditions upon, (Code 1956, § 510.02) suc license, the director shall require the inspec- tor o grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in ccordance with the application. applications,etc. ( ) CZass I and Class II lieenses, if denied by The inspector shall determine the sufficiency ins ector or director. In the event the inspector, and accuracy of each new application and obtain in he 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 ap lication 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 me ts of law or that there exist grounds for deni- of the premises or personal property, vehicles or al, evocation, suspension or other adverse action facilities, as may be involved in or related to the ag inst the license or the licensee, the inspector - licensed activity, and shall request, where appro- or irector shall recommend denial of the applica- � .,``.-,.,, Supp.No.4 '"-` ' 203 f:;::"�. ICENSES §310.05 y..:�,: tion and follow the procedures for notice and ear determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay (d) Class III licenses. Upon receipt of a ull the issuance�of the license. completed application and required fees for a 1 (Code 1956, § 510.()4; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88) III license, and after the investigation req ire , � _ the inspector shall notify the council. A ubl hearing shall be held by the council's com itt �c. 310.05. Hearing procedures. designated to hear license matters on the an , (a) Adverse action; notice and hearing require- issuance or transfer of all Class III license . T e ments. In any case where the council may or in- council's committee designated to hear lice m - tends to consider any adverse action, including ters may hold a hearing on the renewal a y the revocation or $uspension of a license, the im- Class III license. In any case where the ins ect r position of conditi�ns upon a license,or the denial recommends denial of the grant, issuance,re ew 1 of an application£or the grant, issuance, renewal or transfer of a Class III license, or whe e t e or transfer of a li�ense, the applicant or licensee council's committee designated to hear lice m t- shall be given notice and an opportunity to be ters believes that evidence might be recei ed t heard as provided herein. The council may con- the public hearing which might result in cti n sider such advers� actions when recommended by adverse to the application, the inspector o co n- the inspector, by the director, by the director of cil's committee designated to hear licens m t- any executive department established pursuant ters shall follow tl��e procedures for noti e a d to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. Wh re e or on its own initaative. application for the grant, issuance, rene al or transfer of a Class III license meets all he e- (b) Notice. In each such case where adverse ac- -- quirements of law,and where there exists no d tion is or will be considered by the council, the -_. for adverse action, the council shall by res lut on council shall in writing notify the applicant or direct that the inspector issue said licens in c- licensee that adv�rse action may be taken against cordance with law. the license or ap lication, and that he is entitled (e) Appeal; Class I or Class II licenses. n p_ to a heazing bef re the council. The notice shall peal to the city council may be taken y ny be served or ma' ed a reasonable time before the person aggrieved by the grant, issuance, ne al hearing date, ar�d shall state the place, date and ' or transfer of a Class I or Class II license; ro 'd- time of the hea�ing. The notice shall state the ed,however,that the appeal shall have be n ed issues involved jor grounds upon which the ad- • verse action ma�be sought or based. The council with the city clerk within thirty (30) da s er may request thajt such written notice be prepared the action by the license inspector or ire or. and served or r�ailed by the inspector or by the The only grounds for appeal shall be th t t ere city attorney. ; has been an error of law in the grant, i sua ce, renewal or transfer of the license. Th ap eal (c) Hearing. �7Vhere the cause for the adverse shall.be in writing and shall set forth in ar icu- hearing is base�upon a violation of law and there lar the alleged errors of law. The coun il all is no dispute as'to the facts underlying the viola- conduct a hearing on the appeal within t irt (30) tion, the heari�g shall be held by the council's days of the date of filing and shall n tify the committee desig�nated to hear license matters. Oth- licensee and the appellant at least ten 0) ays erwise the hea�ring shall be conducted before a prior to the hearing date. The procedures set orth hearing examiner appointed by the council for in Section 310.05, insofar as is practica le, hall that purpose. The applicant or the licensee shall apply to this hearing. Following the he in , the be provided an opportunity to present evidence council may affirm or remand the matt r t the and argument as well as meet adverse testimony inspector or director,or may reverse or lac con- or evidence by reasonable cross-examination and ditions upon the license based on the cou cil's rebuttal evidence. The committee or hearing ex- _. Supp.No.4 2031 . �'y i��^� §310.05 LEGISLATNE C DE �`�-''"`�� r:.�; aminer may in its discretion permit other inter- (fl ouncil¢ction; resolution Go contain fzndings. ested persons the opportunity to present testimony e e the council takes adverse action with re- or evidence or otherwise participate in such hearing. ec to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing ens ,the resolution by which such action is taken examiner shall hear all evidence as may be pre- ha contain its findings and determination, in- sented on behalf of the city and the applicant or clu ing the imposition of conditions, if any. licensee, and shall present to the council written ) Additional procedures where required Where findings of fact and conclusions of law together th provisions of any statute or ordinance require with a recommendation for adverse action. a 'tional notice or hearing prceedures, such pra The council shall consider the evidence contained v' ions shall be complied with and shall super- in the record,the hearing examiner's recommended s de inconsistent provisions of these chapters.This findings of fact and conclusions, and shall not all include,without limitation by reason of this consider any factual testimony not previously sub- Pecific reference, Minnesota Statutes, Chapter mitted to and considered by the hearing examin- 64, and Minnesota Statutes,Section 340A.415. . er. The council at a public hearing shall provide (h) Discretion to hear no�cvithstanding withdrawal the applicant or licensee an opportunity to present or surrender of application or license. The council oral or written arguments alleging error on the may, at its discretion, conduct a hearing regard- part of the examiner in the application of the 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 suxrender said license tion. Upon conclusion of the hearing, and aft r or application, if the attempted withdrawal or considering the record, the esaminer's findin s surrender took place after the applicant or licen- :-_, and recommendations together with such additio al see h�d.been notified of the hearing and potential '= arguments and testimony presented at the h adverse action. �_�,�1` ing, the council shall determine what, if any, d- verse action shall be taken,which action sha be (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, reje or pose of considering�'evocation or suspension of a modify the recommendations of the hearin ex license or other disciplinary action invoIving a aminer or committee. license has been s eduled before the council, a continuation of th hearing may be granted at (c-2) Ex-parte contacts. If a license matt h s the request of the icensee, license applicant, an been schedule for an adverse hearing,council me - interested person r an attorney representing the • bers shall not discuss the license matte w' h foregoing,only as�provided herein: each other or with any of the parties or int res d persons involved in the matter unless s ch is- (1) Where the equest is made at least twenty- cussion occurs on the public record dur ng he four(24)h urs prior to the scheduIed hear- public hearings of the matter or during t e c un- � ing,the p sident of the council or the coun- cil's final deliberations of the matter. cil may c¢ntinue the hearing upon a show- � ing of go�d cause by the party making the (d) Licensee or applicant m¢y be rep ese ted request. i The licensee or applicant may represe hi self or choose to be represented by another. (2) Where t e request is made less than twenty- four(24�hours before,but not on the day of (e) Recorc� evidence. The council sh 11 r ceive the sch�duled hearing, the council may con- and keep a record of such proceedings in uding tinue t�e hearing upon a showing of good testimony and eshibits, and shall recei e a d give cause by the party making the request. weight to evidence, including hears e idence, which possesses probative value comm y ccepted (3) Where the request is made on the day said by reasonable and prudent persons i the conduct hearing is scheduled, the council may grant of their affairs. a continuance on the condition that the '_ :� Supp.No.4 -�`" 2032 ��•'� LIC NS S § 310.07 _ ;; party requesting the continuance pay to (7) The activities of the licensee in the licensed the City of Saint Paul the city's actual costs activity create or have created a serious for the court reporter and witnesses �vho danger to the public health, safety or wel- appeared for the hearing, or one hundred fare, or the licensee performs or has per- dollars($100.00),whichever is the lesser. formed his work or activity in an unsafe (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; manner. Ord. No. 17559, §§ 1, 2, 5-17-88) (g) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required Sec. 310.(?6. Revocation; suspension; adverse under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take adverse action. The coun (9) The licensee or applicant has shown by past cil is authorized to take adverse action agains misconduct, unfair acts or dealings, or by any license or permit, licensee or applicant for the frequent abuse of alcohol or other drugs, license, as provided in and by these chapters. Suc that such licensee or applicant is not a per- ' actions shall be initiated and carried out in a - son of the good moral character or fitness cordance with the procedures outlined in Sectio required to engage in a licensed activity, 310.05. business or profession. (b) Basis for action. Such adverse action m y �Code 1956, § 510.06) be based on one or more of the following reaso s, �c. 310.07. Termination of licenses; surety which are in addition to any other reason speci i- bonds;insurance contracts. cally provided by la�v or in these chapters: �=�'��:::� �a) Automatic ter�n,in¢tion, reinstatement; re- �::;:i:':;;___�; (1) The license or permit was procured by s- sponsibility of licensee. All licenses or permits which - _ representation of material facts, by fra d, must,by the provisiqns 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 be alf and maintenance of insurance policies, deposits, made oral or written misstatements or is- guarantees, bonds or cert�cations shall automati- representations of material facts in or ac- cally terminate on cancellation or withdrawal of companying the application. said policies, deposits, bonds or certifications. No (3) The license was issued in violation of ny licensee may conti�ue to operate or perform the of the provisions of the Saint Paul Zo 'ing 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 v ola 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, employees, (5) The licensee or applicant has failed to co attorneys or any Other persons as a defense or ply with any condition set forth in t e 1 - Justification for failure to comply with such�ling and maintenance �equirements. In the event the cense, or set forth in the resolution an - licensee reinstates and files such policies, depos- ing or renewing the license. its,bonds or certifications within thirty(30)days, (6) The licensee or applicant has violate a � of the provisions of these chapters, or f any statute, ordinance or regulatio re - sonably related to the licensed activ' y, i - gardless of whether criminal charge ha e • - _ or have not been brought in con cti n :` , •' :- therewith. �� Supp.No.4 2032.1 .,_;,;: LIC NS S $310.09 the license is automatically reinstated on the same (d) Expiration date to be concurrent with term terms and conditions, and for the same period as of license or permi� The expiration date of all originally issued. After thirty (30) days, the ap- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his license shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: �Code 1956, § 510.07) (1) Surety Companies: All surety bonds rur �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be wri (a) All licenses or permits shall be valid for a ten by surety companies authorized to d period of one year from the date of issuance by business in the State of Minnesota. All i - the inspector, except as otherwise provided herein surance policies required by these chapte s or in these chapters or in cases of revocation, shall be written by insurance compani s suspension or termination under Section 310.06. authorized to do business in the State 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 filed wi h spector on or before the espiration date the ap- the City of Saint Paul in connection w' h '; propriate license application, license fees, insur- the issuance of licenses for whatever p r- ance and bonds. The inspector shall process the pose, and all policies of insurance requi ed renewal application in the manner provided for to be filed with or by the City of Saint P ul in this Code. in connection with the issuance of licen es for any purpose whatsoever, shall firs be (c) Whenever any licensee is the holder of the � , approved as to form by the city attorne , tvgo (2) or more licenses of the City of Saint Paul which espire on different dates, the inspector is (3) Uniform Endorsement: Each insurance ol- authorized, at the request of the licensee, to de- icy required to be filed pursuant to t ese termine a uniform d�te for the expiration of all or chapters shall contain the endorsemen se any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Paul L gis term and expiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these ha heretofore or hereafter enacted. The provisions ters shall be conditioned that the lic nse 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 , premises or facilities and that he sha co - �d) In order to conform to the foregoing provi- duct all such activities or business i co _ sions, new licenses may be issued for a term of formity therewith. Such bonds shal al o less than one year, and the license fee therefor indemnify the City of Saint Paul a ain t shall be prorated for the period of issuance. all claims, judgments or suits caus d � (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) resulting from or in connection wi h t e �c. 310.09. Fees. licensed business, premises, activity, thi g, facility, occurrence or otherwise li en d �a) Application clzarge: 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 r qui ed Code, each applicant shall pay, at the time by city. Termination of bonds and insur ce re- of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant t se cessing charge for each and every applica- chapters shall be in accordance with the eq re- tion for a license or permit to be issued by " ments of Chapter 8 of the Saint Paul Le 'sla ive the inspector, director or council of the City Code. of Saint Paul. ' 2033 J ;/ ` � ��'� /,�� $310.09 LEGISLATNE CO E ,•<._."_�.:•; (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- xp' ation. cumstances, be refunded. Co e 1956, § 510.09; Ord. Na. 16884, 2-11-82) (b) Fee schedule. The council may by ordinance � , 310.10. R,efunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to � ) Refund where application withdrawn or de� these chapters, and a separate fee schedule for nie • service charge. Unless otherwise specifically applications for such licenses and permits, which pr vided by the particular licensing provisions may include fees to cover costs incurred by reason in olved, where an application for any license is of the late filing. Such fees, in either schedule, wi hdrawn 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 se "ce charge to recover in part the costs incurred application, license or permit. Costs of adminis- i processing the applicat�on in the amount of tration shall mean and include,but without limi- t enty-five(25)percent of�he annual license fee. tation by this specification, both direct and indi- �� Limitation on refun� nther cases. In all other rect costs and expenses, such as salaries, wages, c ses 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- � 100.00) of fees received in connection with any gations and inspections, handling of inquiries and 1 cense requests for assistance, telephone and communi- , permit or application therefor; provided, cations, stationery, postage, paper, reproduction, at he certify in writing that the amount of the office capital equipment and all office supplies. efund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and onable costs of administration incurred up to - _ posted in the office of the inspector shall super- hat tinfie in connection with said license, permit - " sede inconsistent fee provisions in these chapters r application. The dire�tor may refund not to ..� or in other ordinances or laws. sceed two hundred fifty dollars($250.00)of such fees upon a like certification by the inspector. (c) Fee for one year; may be prorated Unless The council may by resolution authorize all re- ' otherwise spec�cally provided,the license fee stated 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 t licensed period to engage in the licensed expiration date of such license shall be charged activity or businjess; late fee for each such license.The late fee shall e �2) Where the busin�ss or licensed activity ceases in addition to any other fee or payment require , by reason of t�e death or illness of the and shall be ten(10)percent of the annual licen e licensee or the �ole employee or manager; fee for such license for each thirty-day period r portion thereof which has elapsed after the ex i- �r ration date of such license. The late fee shall ot (3) Where it has l�ecome unlawful for the li- exceed fifty(50)percent of the annual license e. censee to continlue in the business or licensed If any provision of these chapters imposes m re activity other �han by revocation, suspen- stringent or additional requirements for the i u- sion, denial or any criminal activity on the ance of an original license than would be the c se part of the licednsee. for mere renewal, those requirements mus be (Code 1956, as amenc�ed, § 510.10) � �;. �,.:=::..:- 034 . L E ES $310.11 Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a privilege, not property. All lice - any transfer of license is made effective by the ses or permits issued by the City of Saint Pa 1 action of approving the transfer. pursuant to these chapters or other ordinances r (fl Transfer; definition. "Transfer," as used in laws confer a privilege on the licensee to enga e these chapters, shall include a transfer from per- in the activity or occupation so licensed, and o son to person, or from place to place,or a transfer not constitute property or property rights or cr - of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such i- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, t- "Transfer," as used in these chapters, shall not tached,executed upon, assessed or in any mann r include the instance where a license is held by an taken for the purpose of satisfaction of any d t individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All lic n- which the majority af the stock is held by said ses issued by the City of Saint Paul shall be tra s- individual or by the rmembers of said partnership. ferable unless the specific chapter of the Sa nt (g) Assignment anqi bond to accompany appli- Paul Legislative Code pertaining to each spec fic cation. In the case o�' a transfer from person to license shall specifically prohibit the transfe of person, the applicatipn for transfer shall be ac- such license. No transfer of any Class III lice se companied by a written assignment of all rights issued by the City of Saint Paul shall be effec ve of the original licens�ee in and to the license and until the council of the City of Saint Paul as shall be accompanied by a surety bond in amount approved the transfer following a public he ing and in form required of an original licensee. - by the council's committee designated to he li- - cense matters and a resolution approving aid `(h) Public corporations. Notwithstanding other �_ transfer is passed, approved and published. oth provisions of this chapter, publicly owned corpo- the transferor and transferee shall make app ica- rations whose stock is traded in the open market tion for transfer of a license on such forms as a may comply with the transfer requirements per- be prescribed by the division, and in accord nc taining to stock ow�aership and stock transfer by with Section 310.02. furnishing the inspe�tor on request with the names (c) Transfer tax In all cases of transfer of and addresses of all stockholders of record upon license from a present licensee to any othe pe each renewal of the license. � son, there shall be a tax on said transfer i th (i) A�davit of transferor. No license transfer ' amount of twenty-five (25) percent of the a u shall be ef�'ective unless the transferor submits license fee charged for said license, said tax o b an affidavit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer ta� deposit retained or ret ne (1) That in the case of Class III licenses, the Whenever an application is made for transf r of transferor-affiant has posted notice to all license, the amount as set out in paragra h ( ) employees i�n a conspicuous place on the shall be deposited with said application. f t e licensed pre�mises notifying all employees transfer of license is approved,the amount ep - of the time,f�lace and date of hearing of the ited shall be retained by the city.If the tran fer 's transfer of t'�he 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 nbtice specified in subparagraph the requirements and conditions in Section 10. 0. (1) above w�s posted continuously for four- (e) Transfer tax; exception Paragraphs ) a d teen(14)days; (d)shall not apply in any case when,by th ter s (3) That trans$eror has paid all wages due and of these chapters, payment of the full an ual li- owing the persons employed by the trans- �. censee fee or a prorated yearly annual lice se ee feror or that an agreement has been reached � Supp.No.4 2035 §310.11 LEGISLAT E C DE `f�"�``°��"` between transferor and all employees as to (C de 1956, § 510.11; Ord.No. 16822,9-3-81;Ord. the payment of wages due and owing; N . 17551, § 3,4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned . 310.12. Inspection of premises. by said employees or in lieu thereof an he premises, facilities, place, device or any- agreement has been reached between trans- th ng named in any license issued pursuant to feror and all employees as to payment in a 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- p lic or while being used or occupied for any • pletely complied with his contractual obli- p pose be open also to inspection and eYamina- gations pertaining to employer contributions ' ti by any police, fire, or health officer or any to employee benefit programs which include, b lding inspector of the city,as well as the inspector. but are not limited to, pension programs, (C de 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay . 310.13. Renewal. benefits. very license renewal unc�er 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 a payment or contribution to a health and wel- liquor license is held by a person not incorporated fa e trust or pension trust, or similar program, and where the license would, by reasbn of the es ablished for the benefit of his employees. death of said licensee, lapse to the city in the (C de 1956, § 510.13) absence of this paragraph, the authorized repre- r :-:;::.:�::: sentative of the estate of the deceased licensee . 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- u onstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements te t jurisdiction, the invalidiity shall extend only of these chapters and existing law. to the provision involved �nd the remainder of (k) No approval under certain conditions. The th se chapters shall remair� in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any ) The repeal of any ordinance by ihis ordi- ; contract or agreement regarding employee bene- n ce (which enacts the U'niform License Ordi- fit or fringe benefit programs; including, but not n ce) shall not affect or impair any act done, limited to, pension, hospitalization, medical and a rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- in or prosecution had or cammenced in any mat- grams; provided, that any person or organization te , prior to the date this ordinance became effec- objecting to a transfer because of failure to pay ', ti e.Every such act done or right vested or accrued employee benefit or fringe benefit programs shall s 11 remain in full force a�d effect to all intents file a written notice of objection with the license a d purposes as if the repiealed ordinar�ces had inspector seven (7) days prior to the scheduled t mselves remained in fo�ce and effect. Every public hearing on the transfer, and said notice $ h suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- ti ued after repeal as though the repealed ordi- tor's claim. n nces were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is p secution which is based upon an act done, a Class III. If an application is made to transfer ri ht vested or accrued, or a violation committed more than one license at the same time, the in- p or to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III w ich is commenced or instituted subsequent to license,handle all said licenses as Class III licenses. re eal of the repealed ordinances,shall be brought ..'\.,. Supp.No.4 20 6 _ � f` � � �-- � .�-�-... �= �-� L CENSES §310.15 r+'=.:='�y:' f:.'::;- ';i'.i: ::�� pursuant to and under the provisions of suc re pealed ordinances as though they continued o b in full force and effect. (Code 1956, § 510.14) � Sec. 310.15. Penalty. Any person who violates any provision of he chapters, or other ordinances or laws relat ng o licensing, or who aids, advises, hires, coun ls r � _ � :,�:sh ; � � i � � L��.. Supp.No.4 2036.1 ``;�� IC SES 4 318.01 conspires with or otherwise procures another o Sec. 316.02. Fee. violate any provision of these chapters or ot r ordinances or laws relating to licensing is gui y The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentenced in c- (Code 1956, § 384.02) cordance with Section 1.05 of the Saint Paul L g- islative Code. The term "person," in addition to Chapter 317.Amusement Rides the definition in Section 310.01, shall for the p - pose of this section include the individual p t- �c. 317.01. Licens� required. ners or members of any partnership or corpo a- , tion,and as to corporations,the officers,agent or No person shall en' age in the business of pro- members thereof,who shall be responsible for he viding amusement ri es,for charge, to the public violation. in Saint Paul withou a license. (Code 1956, § 510.15) (Code 1956, § 411.01 Sec. 310.16. License fees,annual increase . Sec. 317.02. Fee. Effective on January 1 of each calendar y ar, The fee required is bne hundred dollars($100.00) all license fees, escept building trades busi ess _ for each location at �vhich such person will oper- license fees and fees for building trades ce ifi- ate and maintain thie business of providing such cates of competency, shall increase by the er- rides. centage increase in the budget for the divisio of (Code 1956, § 411.02) license and permit administration of the de rt- .- - ment of finance and management services. ior Chapter 318.Mechanical Amusement Devices . to November 1 of each year, the director ti- � nance and management services shall file ' it �� the city clerk a notice of the percentage incr se �c. 318.01. License required; definitions. if any, in license fees. No person shall awn and allow to be operated (Ord.No. 16885, 2-11-82; Ord. No. 17059, 10-2 -83 for business purposes any coin-operated mechani- Ord. No. 17303, § 4, 10-29-85) cal amusement dev�ce without a license. A coin- operated mechanica�l amusement device is hereby Chapters 3I1-314. 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 LICENSES ated by the public �'or use as a game, entertain- ' ment or amusement, which amusement device Chapter 315. Reserved* contains no autom�tic payoff device for the re- turn of money, coins, checks, tokens or merchan- dise, or which proyides no such pay-off by any Chapter 316. Animal Foods other means or ma#�ner. The term "coin-operated Manufacturing and Distributing mechanical amuse�nent device" shall include so- called pinball madhines; music machines; coin- Sec. 316.01. License required. operated television units;motion picture machines; amusement rides,''�excepting those provided for No person shall engage in the business f t �der Chapter 317,;pertaining to amusement rides manufacture or distribution of animal fo s � of the type used at carnivals; table shuffleboard Saint Paul without a license. games or similar games of amusement for which (Code 1956, § 384.01) a fee is charged to players for the playing thereof; and all other machines which,by the insertion of •Editor's note—The licenses under this chapter, eriv d , from §§ 345.01-345.03 of the city's 1956 Code,were des g- a coin or token, operate for the entertainment or nated as Class III licenses by Ord.No.17207,adopted an. 1, ��ment of the player,except weighing machines. � 1985,and recodified as Ch.423. (COde 1956, §§ 412.01, 412.02) 2037 WN17E - CI TY CLERK � PINK � �INANCE GITY� OF �SAI PAUL Council r.� - ELUERr -MAVORTMENT File N O. '�� //� • ' -Ci�_ �t�nylP:3 � . • 7 ' y 0 rdin V V Ordinance N O. / " 1 J j� . Presented By � • . . . � �, . - f `i .. � � �� Referred To � ` ommittee: Date � � :� Out of Committee By Date A� vrdir.ance ro � d sectio� 31�.��6 � o� tr►e Saint paul e islativ� C�de hy '` ad3ing c�arifyi.�; a �tia�;e cenc�rnin� the i��osition oi o ditior.s . T�±� CO:r3C?I, C%:' .?�� CI�'Y �x' Sr'.11lv �' LZ '�JOES C�RJ�Ii�:' =.!;`.. � . ?�=c G£ t OII 1. . �` � Section 3Z4.0� of thz Sai t auI Le�i.siative i' Co�'e i s her�bp ar:ended b;r addir_g t�:e �ollowi..ri r. s�bs�c�ion (c� : "(c) ?�:�*i a r`ason�'o e �as?s is z"o�.rz� to imro�e rezsona'�� co d t�cns and/or re�ot:.-ictiars u�o:: s ?�cense is�ue r iie?� ��:der these cranters, 3r�� on� o m re s�zc�i reaso�a�ale c��:diti�ns and/vr r st icti`ons �ag be i.:�osed ��or_ such Iicens� f r he rur�ose of �roL-�otiZg ?ub?ic ?�.ealts, sa�e �� d welfare, of a�vazc�r� tn� ;�u'u3i � ac� and the elisjir.ation of co�.dit;�s or �c i ns `��hicz constitut� a r��.�.s2:-�ce or a �eLri e t to t?Ze p�ac��I +�;ijo�r^.enL az •arba� _i e, or rronatirig securit7 ar.d safet� ir_ r.ear y �i�i��or?�oods . Such r��sona�Ie conditi .s and/or rQstrictio*ss . �..a� �nclude or �er a to , but are not Ii�ited fi� ► COUNCIL MEMBERS " Yeas Nays Requested by Department of: Dimo�d ��g In Fav r Goswitz Rettman B Scheibel A gains Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Councii Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By . . . . . _ �r.��` . � ��-�'��> (1) a limitation n he hours of operation of the licensed b s ' ess or establishmerit, . � or on particular es of activities� con= ducted in or on s i business or- establish- ment; � _ . _ _ . (2) a limitation or restriction as to the location within he �licerised business or establishment t�h se particular type; of activities may b nducted; . (3) a limitation a to the means of . ingress or egres rom the l�icensed ��-� -� � - -�-- - �- .�- establishment o i s parking� lot .or � - i�ediately adj ce t area; � � - (4) a requireme t o provide �off-street � parking in exce s f other requiraments � of lata; � � (5) a limitatio n the manner and means of advertising th �operation or merchan- . dise of the li en ed establishment; � (6) any other e sonable �condition or restriction. li i ing the operation of - � - ---�---�� ----�the licensed b s ness or establishznerit � � � � to -insure tha t e �said business or � � - � establishment- ' �l �harmonize �wi:th �the � � ~-� - - - --- -��-�- �=-=-eharacter of he area_ in which it is � __, �. ,-�_- . � . - located, or t p eve�itlthe_,�deve-Topment � - - - --- � --�� - -�- � -- �-� --or continuati n f a nuisance.� . . The inspector may . m ose �such �conditi;ons on Class I � licenses with the o sent of the lic�nseholder, or may. recommend the im osition of such �conditions as an adverse action ag inst the �license �or licenses ; the �director has he same power with respect to Class II licenses he council may ,�mpose such � . - - - - -conditions on Cla s I licenses wit the consent of the licensehol e , or upon any c ass of license as an adverse act'o against the li ense or Iicenses � � �Z �.Ii�l� PINK - FINANCE („aLLRCIl � OLVEp` - MArpRTMENT GITY OF SA NT PAUL File NO. �X " ��`-% . � � � � �r � � nce . , .. ; Ordinance N 0. �%•�"�'� Presented B '�•�_ -..f�._ i ' : . ..(. :�.. '� `. . `.''� , r Y Referred To Committee: Date Out of Committee By Date -3- iollc�� otic� and r arigg as :uay be re�uir�d. Sucz cor_ciitions �ay � i,�osed or� a Ii�ense or Iicer.ses ;:�on issuance, re;ze: I or� transfer t��ea�, or upon and as rart o� an� � v rse action a�ai�st � Iicense cr Iicer_ses , �.nciLd .g susrensio�n. S ction 2 ' :7ei�h�r t�:;s or�inauce � r ny existi.�g or iuture ar3ir.�*ice �do�tzd bv th� Cit� of �aint au to reg�t�te andJor Iicense anq occupations , busir_esses or ac i 'ties si�a�l be constru°d to Ii�i.t or re3tr�ct ��s in�zerer�t �;o1.i e Q��r �o regv.Iate and Iicense, nor to 's.i:nit or re�t�ict 3s,? po�e �fer;ed on �t �� the ?Tnit�� Stst�s or .iirmesota. C�nsti�utions or s tut�s (or re�ula_tians -�ro;:r�I�at�d tizere�ci�r) �o so r��u18tC' �r / 1�c�n.s�. . S c�io� 3 'I'?�►_i� ord-�n�ncp shall �a? _ ffect ar_� be ia force thirt� (30) �ays .°{ollc�r.� its ti�as� c , anvro�a3 a�� •sbiication. COUNCIL MEMBERS � ' Yeas Nays �, Requested by Departc►�ent of: Dimond ! ��g � In Favor Goswitz Rettman Scheibel A gai ns t �Y Sonnen ' Wilson �llCj ` � �9�8 Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY B - ... '�.,;. y _ . ' ' . . �,: :� �. :a::) Approved by Mayor: Date =tl:�.: f.J� � �-�° Approved by Mayor for Submission to Council By $Y PtNK — FINANCE COUi1C11 � /� CANAqY — OEPARTMENT GITY OF A NT PAUL ;; �_ �rL� OLVE �—'7dAVOR File NO. . City Att�y/P33 • " ;.� ;' J� O r�� nce ��`� Otdinance N 0. � '�-�� Presented B %,�' .,� ;, / �, ��-- ::.._.-��J.::��; ) �,rr'�'' �I- ` �"Y•-� .. Y � :-' �' ; ` . .,. . i v' Referre�/To Y Committee: Date — Out of Committee By "� - -n ` ' � - "' ` � "�Date r � �� -i ♦� An ordi an e clarif�in� the ;��.., Iicensehol er's resp�tszbilit,y � `�� " , , - for th2 ac iv s of j2�5 or her . � _ er:3;�loyee3 n he Iicensed preni.ses�., �� ,, - �,<;�� ' , _ L' ;) , � ' �J �^ . ♦ �"�^� � .. -•..,; ,C'.. `�� ' �t'E.,GOU'rICIL QF THE CTTY OF S t P.ATJL �OES t}?�DAZ?d: - . � , :�� _ - S etion I �' � - � C?za�ter 3�.0 of �?��4 Sain P uZ L�gislative �o�e is here�v � amended to ad� a neE� aection 3I .07 ta be �ead �s follows : "3IQ.I7. Licen.see s es onsibilit . � � A�y act ar con uct anp c er , e�Ioyee, �.�ager or .agent o licensee, or bp �y person providing t rtainment or taorki:�g for or on behalf o licex�s�e T,+hethe�r � co�ensated or �� , �i�� a�t or conduct � takes ,r.lace eit�e o t:�e licensed g�ea�ises ' . or in any narking Io ar ather area aci�acent _, to (or under the ea e or control of} the - Iice:?sed pre�ises d kThich act or �onduct - violates �y� stat o federal statut�s or . � re;ulatiozs , or 9 ity ordinance, shall �e ca*_�sidered to be treatsd as the �et or _ cv:�duct of the li e see for t�e nurpose of ; � adverse actio�az ag i st all or a�y of the licenses held b� u � Iice�zsee. To tae extent th�.s secti , is ic� co�.flict with � sectic�n.s 4�9.I4 � d 4�.4.0� of t�e Legisl3tive COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g In Fav r Goswitz Rettman B Scheibel A gai n t Y . Sonnen Wilson Form Approved by City Attorney . Adopted by Council: Date c' -�ified Passed by Council Secretary BY dy Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � ' Er b+ �r 3 �� /��'� • ' C�� C3t ) LI EN ES 3 409.02 (11) No licensee shall receive any material fo Sec. 409.02. Definitions. use in the licensed business from any per son under the age of eighteen (18) year As used in this chapter, the following terms without the written consent of the pare shall have the meanin�s ascribed to them in this or guardian of such person, which shall b section: - kept on file by the licensee for at least o 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 reasonab a business purposes or for intellectual improvement inspection at reasonable times by prop r or promotion of sports which has more than fifty city officials as in the case of other licens 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 not 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, esecutive 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 license as agents or employees are paid,directly or indirect- been issued hereunder may obtain renewal th eo ly, any compensation by way of profit from the by filing an application with the inspector ndi �stribution or sale of beverages to the members cating any changes in the material submitted 't of the club or to its guests beyond the amount of the initial application. The inspector shall c re such reasonable salary or �vage as may be fixed larize the application to those o�cials wh r and voted each year by the directors or other view initial applications and the license sh 11 b governing body. granted of course by the council unless, ' i Exclusive liquor store shall mean an establish- judgment, reports from city agencies or fro t ment used only fo� off sale and on sale sales of public demand a formal hearing be held. 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 e.YCept in I-1,I-2 and I-3 Indus-trial D' . cigarettes, all forms of tobacco and nonintoxicat- (b) The council may revoke, suspend or ef 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 ordinanc of e �ded,further,that such nonintoxicating malt bev- city,or of any statute or regulation of the at of erages and soft drinks, when sol�pursuant to an Minnesota or agency thereof. off sale liquor lic�ense, shall be sold for consump- (Code 1956, § 341.07) tion off the prem�ses only. General food stbre shall mean any place of busi- Chapter 409.Intoxicating Liquo ness carrying a�tock of food supplies and primar- - ily engaged in splling food and grocery supplies to Sec. 409.01. License required. the public. No person shall sell intoxicating liquo for on- Hotel shall mean an establishment with resi- sumption at any time or place in Saint P ul 'th- dent proprietor or manager, where, for payment, out a license. food and lodgin� are regularly furnished to tran- (Code 1956, § 308.02) sients, and whi�h maintains,for use of its guests, no fewer than�fty(50)guest rooms with bedding 'Cross references—For general provisions pe ain ng to liquor and beer,see Title XXrv;nonintoxicating alt 'quor, and other suit ble and necessary furnishings in Ch.410;use of beer and intoxicating liquor in dri -in otion each room, and which has a main entrance with picture theatres prohi �ited, §4is.os(b). suitable lobby,desk and office for the registration • 2171 §409.02 LEGI LA NE CODE of guests on the ground floor and which emplo 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 tels, 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 intea al part thereof, a dini'g room with appropriate facilities for seating 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 payme t, Proprietors of drug stolres,general food stores and served with meals at tables. exclusive liquor storefi, and but one such license shall be issued for every five thousand (5,000) Intoxicating liquor or liquor shall mean a d inhabitants in the cit�. include ethyl alcohol, and any distilled, ferme t- (Code 1956, § 308.06;Ord. No. 17172, 10-23-84) ed, spiritous, vinous or malt liquid of any ki d R potable as a beverage, which contains an al o- �c. 409.04. Except�ions. holic content in eYCess of three and two-ten s This chapter shall �ot be construed to prohibit (3.2) percent thereof by weight or four(4)perc nt the sale of wine for s�.cramental purposes by any by volume. person duly licensed by the state liquor control Medicines shall mean and include only s ch commissioner so to dp; nor shall this chapter be potable liquids as prescribed by licensed ph si- con.strued to prohibit tk�e sale of inedicines as herein cians and dentists for therapeutic purposes d defined;nor of indust�ial alcohol designed for me- United States Pharmacopoeia and National r- chanical, chemical, s�ientific, pharmaceutical or industrial purposes; #�or to compounds or prepa- mulary preparations and preparations used or rations containing alcohol, if such compounds or the mitigation of disease for external and in er- Preparations are not,potable as a beverage; nor nal purposes which are usually sold in drug st es and intended for therapeutic purposes and not or shall it be construed to prohibit the sale of intoxi- beverage purposes. cating liquor for me�dicinal purposes by a duly licensed and registe�ed pharmacist or druggist Off-sale shall mean the sale of liquor in or gi- upon bona fide presc�}iption, 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, § 308.22a On-sale shall mean the sale of liquor by he Sec. 409.05. On- am es; term; glass for consumption on the premises only. fees. - Package or original package shall mean nd (a) Term. All licenses for the sale of intoxicat- include any container or receptacle holding liq or, ing liquor shall be for a term of one year from the which container or receptacle is corked or sea ed. date of issuance, renewal or transfer. The date shall be determined by the inspector and entered Person shall include individuals, corporati ns, upon the license. � - partnerships and associations. (b) License fee� on-sal� semiannual installments � Restaurant shall mean an eStablishment o her The license fee for an on sale license is hereby � than a hotel, under the control of a single pr ri- fixed as follows: etor or manager,having appropriate facilitie for the serving of ineals for no fewer than fifty 50) �U��1) Seating capacity over 200 . . . . . $3,000.00 guests at one time. �'�j (2) Seating capacity over 100 . . . . . 2,750.00 Sale and sell shall mean and include all ba ers G (3) Seating capacity 100 or less . . . . 2,500.00 and all manner or means of furnishing intox cat Said sum shall be paid in two (2) equal amounts, ing liquor or liquors in violation or evasio o the first to be paid before the license is issued or law. renewed, the second payment to be made within (Code 1956, § 308.01) siY(6)months from the date of issuance or renewal. 2172 LI EN ES §409.06 (c) On-sale licens� replacement af�er reoocation the liquor control commissioner of the State of If,for any reason,the on-sale license in this chap Minnesota and shall file the same with the in- ter provided for is revoked by the council of th spector. Such application form shall require that City of Saint Paul, no replacement license shal the following information be set forth upon the - be issued until the full license fee for the ne application, and such ft�rther information as may license due for the remainder of the license ye be required: is first paid; provided, however, that in no eve shall a licensee pay less than the applicable a - (1) The name and :place of residence of the nual license fee together with the applicable i'- applicant. suance tax for a license, or combination of lice - ses, during a license year. (2) The location of the premises upon which the applicant proposes to sell such liquor (d) Increase in on-sale license fee; notice to i- and an exact description, including the pro- . censees. The license inspector is hereby direct d posed floor plan and seating capacity, of -� to notify in writing via U.S. mail all on-sale i- }�e p�icujar place within the building struc- censees of the public hearing date for council c n- ture where such sales are proposed. sideration of any amendments to this section n- creasing the license fees. At said public heari g, �_ �3� �ether the �pplicant has ever been en- the department of finance and management r- � gaged in a similar business and, if so, the vices shall present evidence to the council sh w- location thereof and the date when so en- ing the relationship between the proposed fee'in- gaged. The application shall be signed and crease and the costs borne by the city for liq or- verified by the applicant in person and, if related regulating and policing. the applicant is a corporation,by an o�cer . (e) License fee, o�f-sale. The license fee fo an of the corporation. off-sale license is hereby fixed at the sum of one thousand dollars ($1,000.00). The applicant shall file with the inspector, with his application, the amount of the license fee herein (fl Fees, transfers. Where a transfer of a on fixed for the particular license for which he makes sale or off-sale license is approved by the co cil application. the fee to be charged shall be the prescribe a nual fee less a credit given for each mon o (b) Investigation; issuance; etc The license in- portion of a month remaining of the original t rm spector shall register the application in books kept (g) Late fees. Notwithstanding the provisi ns f for that purpose, one for on-sale licenses and one Section 310.09, an applicant for renewal f a for off-sale licenses. He shall notify immediately on-sale liquor license shall be charged a la e f e the director of the division of public health, the in an amount of ten (10) percent of the i sta - chief of police and the chief of the department of ment due for such license for each thirty-d y p - fire and safety services of the fact that such ap- riod or portion thereof which had elapse aft r Plication is filed.It is hereby made the duty of the the expiration date of such license or semi n 1 �oresaid director, the chief of police and the fire _ period, and the late fee shall not exceed fi y ( 0) chief to inspect and examine or have inspected percent of the annual life. and examined th� premises described in the ap- (Code 1956, § 308.17; Ord. No. 16842, 10 20- 1; Plication and inquire into the character of the Ord.No. 17321, § 1, 12-31$5; Ord.No. 173 8, 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 a lice se and transmit th�m to the city council, together to sell intosicating liquor shall make his eri ied with any recommendations which he, as such in- application in writing upon a form appr ve by spector, has respecting the applicant or the place 2173 . , rA, � �r � ?� - �'' �-, � ,;. LICENSES §409.06 other than the ground floor if a license as een (4) No outside service area shall be permitted granted for sales on a floor other than suc gr und unless the licensee provides, in addition to floor.All licenses granted hereunder shall set orth other requirements of law, safety barriers the esact location within the building tru ture or other enclosures to protect patrons from - where such sales may be made and no s le hall any hazards, including vehicular tr�c. be permitted except in that part of the re ises (5) No outside service area shall be located on defined in the license, except as provid d i the public property or upon any street,alley or following subsections(1)through(8): sidewalk,nor shall such outside service areas hinder or obstruct vehicular or pedestrian (1) The council may,by resolution,pe mi any tr�c on any street, alley or sidewalk. licensee to sell or serve intoxicati li uors in areas outside the building struct e hich (6) The council may deny any application for are immediately adjacent to and co igu- an outside service area where it has reason ous with the structure containi g t e li- to believe,or may revoke its permission for _ censed premises. Such outside se 'ce eas such an outside service area where it is shall be seasonal, and shall not i vol e an satisfied, that the impact of such outside enlargement of the building struct e. uch service area on adjoining property will be, permission shall not be granted nle s all or has been, any of the following: the conditions of subsections(1)t ou h(8) a. Loud, boisterous or disturbing noise and all pertinent provisions of t e a ning levels; code are satisfied. b. Hazardous traff'ic conditions; c. Offensive,obnoxious or disturbing odors; (2) No outside service area shall be er itted d. Excessive litter; unless the licensee presents with is ppli- e. Excessive artificial lighting; cation for such outside service aze a tate- f. Substantial decrease in adjoining prop- � ment in writing by ninety (90) rc t of erty�'values; or the owners and tenants of all pri at resi- g. Any' other condition inconsistent with dences, dwellings and apartment ou s lo- the �reasonable use and enjoyment of cated within two hundred (200) f et f the adjo�ning property and inconsistent with proposed outside service area that he have the health, safety, morals and general no objection to such service area. Me ure- wel�are of the adjoining neighbors or ments shall be determined from he rop- com�nunity. erty line of the licensed premis s t the ' property line of the residential ses pro- �7� Permission to sell and serve intoxicating vided,however,that where the lice rem- liquor in or upon any outside service area ises is located within a shoppin m 11 or may be #'evoked by the council on three(3) shopping center the measurem nts shall days' nQtice to the licensee, pursuant to be determined from the nearest cor er of information received at a public hearing the building in which the licen'ed rem- before s�.id council. The information need ises is located to the property 1 e f the not be rleceived 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 provis on law, in subparagraph(6).The public hearing shall off-street parking spaces may not e r uced be conducted with such formal or informal by the establishment of an outsi e s rvice procedures as the council may permit, so area below the number of off-st eet park- long as the licensee and any complaining ing spaces which would be requ ed 'f the Parties have an opportunity to be heard. licensed premises together with t e o tside (8) The licensee shall, with respect to any out- service area were to be newly c nst ucted side service area, comply with all applica- in conformity with the zoning co e. ble provisions of law and regulations in 2175 §409.06 LEGISLATN CO E . 1 of business. Upon receipt of such reports and rec- N license shall be granted to any person who ommendations, the council shall consider the same pe s a new drug store after January 6, 1934, and shall, by resolution, grant or deny the appli- nti such person shall have operated such store cation. on nuously for a period of two(2)years, or shall Where the application is for an off-sale liquor av purchased a drug store that shall have been license and the applicant is the holder of an on- n c ntinuous operation for a period of two (2) sale nonintoxicating malt liquor license hereto- ea s. fore issued by the city council to sell such nonin- (c 1) Public hearing; notices. No new license for toxicating malt liquor for consumption on the prem- ith r on sale or off sale shald be issued until the ises,the council shall not grant such off-sale liquor ou cil shall have first held a public hearing on license until the applicant surrenders his license he application. The notification requirements to sell nonintosicating malt liquor for consump- pp icable to license transfers or change in licensed tion on the premises. If an off-sale license is grant- re s in Section 409.11 shall be applicable in the - ed, the resolution granting it shall direct the in- ss nce of new licenses. spector to issue the license whenever the bond hereinafter provided for has been approved and ( One license only. Not m�ore than one off-sale the liquor control commissioner advises the in- et iler's license shall be directly or indirectly spector that he approves of the issuance of the 'ss ed to any one person or for any one place in license to the particulaz applicant. hi city, nor shall any retailer's off-sale license If an on-sale license is granted, such resolution e irectly or indirectly issued for any place for shall direct the inspector to issue the same when- h' h a license of another class has been granted. ever the bond hereinafter provided for has been It s all not be a violation of this paragraph for a approved. per on who owns, directly or indirectly, or who has an interest in any intoxicating liquor license Should the application for a license not be grant- in his city additionally to own directly or indi- ed, the resolution refusing the same shall autho- rec ly or to have an interest in one or more corpo- rize and direct the proper city officers to refund to rat ons owning or operating a hotel holding an the applicant the deposit made at the time of the in xicating liquor license in�onnection therewith; filing of the application. pro ided, that such hotel shall have at least one No new license shall be issued for any location hu dred fifty(150)or more rental units. within a one-half mile radius of which there al- � ) premises of license No on-sale or off-sale ready are four (4) or more premises licensed for lic se shall be effective beyond the compact and the sale and consumption of intoxicating liquor co iguous space named in such license and for on the premises; provided, however, that this re- �,h ch the same was granted, escept that an on- striction shall not apply if the proposed new loca- sal license granted for sales in the dining room tion lies within a designated commercial devel- of y hotel may permit sale$of liquor with meals opment district. in dditional dining rooms open to the public and (c) Licensee qualifications. No license shall be ified in the license if ineals are regularly served _ issued to anyone other than a person over nine- to ests therein.If ineals are regularly served to - teen (19) years of age, of good moral character gu sts in guest rooms in any such hotel, liquor and repute, nor to any person who shall be here- m be sold in such guest rooms but only with after convicted of any willful violation of any law m is; provided, that such guest rooms must be of the United States or the State of Minnesota or sp cified in the license granted. No sales shall be any city ordinance with regard to the manufac- m e upon the premises of an on-sale licensee ture, sale, distribution or possession for sale or es ept upon the ground floor; provided, however, distribution of intoxicating liquor,nor to any per- th t this limitation shall not apply to a hotel duly son whose license under the state liquor control lic nsed to sell on another floor as in this section act or this chapter shall be revoked for any will- pr vided; and provided further, that a licensee ful violation of such act or ordinance. sh 11 be permitted to sell at a place in a building 217 §409.06 LE ISL TNE CODE regard to the sale and service of intoxi at- (1) That the licensee will obey the law relat- ing liquor, including, without limitatio by ing to such licensed business. reason of this specification, all applic ble regulations contained in Sections 40 .08 �2) That the licensee will pay to the munici- and 409.09 of this chapter. pality, when due, all taxes, license fees, penalties and other charges provided by (fl Zoning restrictions. No license shall b is- law. sued for premises located within an area whe ein such use of the premises is prohibited by the on- (3) That in the event of any violation of the ing code, nor within an area where such sales are provisions of any law relating to the busi- forbidden by the state law or any other ordin ce 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 s all _ be issued for any place where nonintoxica ing (4) That the lice�see will pay, to the extent of _ malt beverages shall be sold for consumptio on the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- (h) Other required permit No license gra ted sulting from the violation of any provision hereunder shall be effective until a permit s all -- of law relating to the business for which such licensee has been granted a license, be issued to such licensee by the United Stat s if and further canditioned 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 iss ed bond. to any person in connection with the premis of another to whom no license could be issued u der The amount specified in any bond required is . the provisions of the state liquor control act; ro- hereby declared to be a penalty and the amount vided, however, that this provision shall not re- recoverable shall be �neasured by the actual dam- vent the granting of a license to a proper le see ages; provided, how¢ver, that the surety thereon by reason of the fact that he shall lease prem ses shall not be liable fo�any amount in escess of the of a minor, noncitizen or a person who has en Penal amount of the�bond.All such bonds shall be convicted of a crime other than a violation of his for the benefit of th�e obligee and of all persons chapter or the liquor control act. suffering damages b�reason of the breach of con- ditions thereof. Such bonds shall run to the City (j) Bond No on-sale license shall be gra 'ted of Saint Paul as obligee, and in the event of for- until a bond in the amount of three thous nd feiture of any such bond for violation of the law, dollars (�3,000.00) has been furnished, appr ed the District Court off 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 nd Saint Paul. in the sum of one thousand dollars ($1,00 00) shall be furnished and approved by the stat li- �� Renewals: quor control commissioner and the city cou cil, (1) An on-sale liciense renewal may be denied _ and filed with the proper city officers. for any licens�ee who is delinquent in any The surety on such bond shall be a surety m- Payment or centribution to a health and pany duly licensed to do business in the Sta of Welfare trust or pension trust. Minnesota, and the bond shall be approved to (2) If on or before the expiration date of the form by the city attorney. All bonds when',ap- license the licensed business has discontinued proved by the proper city or state officers, as the its operation or closed for any reason, the case may be, shall be deposited with the dire tor � council shall renew said license only upon of the department of finance and manage ent 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 176 LIC NSES §409.07 license, or in the alternative, that the li- (m) Unlawful use of weapons. If during any censee shall make application for and b- twelve-month period there are reported two(2)or tain passage, approval and publication f a more incidents involving unlawful use or handling resolution for the transfer of said lice se of firearms,assault weapons or knives, as defined within the term of the renewed licens to in Section 225.01, on any licensed on-sale prem- another person. No license issued upon n- ises, a public hearing shall be conducted by the dition pursuant to this subsection shal be council.Any advers� action may be considered by further renewed unless one or the othe of the council pursuant to the hearing provisions of the above conditions has been fully et; Section 310.05. provided, however, that the council ay (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business which as 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. not been in full operation during the p ior 17172, 10-23-84;� Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises ere No. 17177, 10-23-84; Ord. No. 17229, § 1,4-15-85; acquired by eminent domain or under'the Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, � threat of eminent domain and the lice see 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to relo at 17328, § 2, 1-23-86) the business to another location. G�oss reference—Licensing requiremenrs for estabtishments . 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 li ens $:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located w thi between the hours of 1:00 a.m. and 8:00 a.m. on three hundred (300)feet from any public or ar any weekday. No off-sale shall be made before chial school, church or synagogue, said three h - 8:00 a.m. or after 8:00 p.m. of any day escept dred (300) feet being calculated and compu d off-sale shall be permitted on Friday and Satur- the distance measured from the property 1 e f day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the lo ti New Yeaz's Day, January 1; Independence Day, for the liquor license to the property line a July 4; Thanksgiving Day; or Christmas Day, De- school,church or synagogue in the area for hi 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 azd e�'ect on Noy'mb r ited on such evenings, off-sale may be made until 10, 1962, the location of which license is i c - 10:00 p.m., except that no of�sale shall be made flict with the provisions hereof, may be re ew , on December 24 after 8:00 p.m. transferred or otherwise dealt with in acco da e (b) Sunday sales: with law, it b�inb the intent of this par b a h tha�it be applied prospectively for propose lo a- (1) Notwithstanding the provisions of paragraph tions of licenses, and further it being the i en of (b), establishments to which on-sale licen- this paragraph that the limitations set f rth in ses have b�een issued or hereafter may be this paragraph shall in no manner be ap ica le 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 synago e lo- have facilities for serving no fewer than cated within three hundred (300) feet of e o- ��ty (50) guests at one time may serve in- posed location of the license,the council m y a �'��ting liquors between the hours of 10:00 five-sevenths vote disregard the provision of is ' a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a h ch, conjunction with the serving of food,but no school or synagogue of a proposed lic ns is liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.1 2177 � � �y /�� §409.07 LEGISL T 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)yesrs of age or to one obvi- (2) It is unlawful for any such establishment, ously intoxicated o�to any person to whom ' directly or indirectly, to sell or serve intos- such sale is prohibited by any law of this icating liquors as provided in subparagraph state or ordinance. Proof of age for purchas- (1) above without having first obtained a ing or consuming alcoholic beverages may special license therefor. Such special license be established only by a valid driver s li- may be issued by the council for a period of cense or Minnesota identification card, or one year and for which the fee shall be two in the case of a foreign national by a valid hundred dollars ($200.00). Application for passport. A person who was born on or be- said special license shall be made to the fore September 1, 1967, may continue to council in the same manner as application P�'chase and consume alcoholic beverages _ for other licenses to sell intoxicating liquor and shall be treated for purposes of this are made. Legislative Code as a person who is twenty- one(21)years old. (c) No consumption or display when prohibited (3) No sale shall be m�de in any place or in No person shall consume or display or allow con- p� of a building where such sales are sumption or display of liquor upon the premises prohibited by state law or this chapter. of an on-sale licensee at any time when the sale of such liquor is not permitted. (4) No person under eighteen(18)years of age' (d) Private Christmas parties. Notwithstanding may be employed in a place where intoxi- any other provision of the Legislative Code, the cating liquor is sold for consumption on the license holder of premises having an on-sale li- premises,escept persons under eighteen(18) cense may once a year during the Christmas sea- Years of age may be employed as musicians son have a private party at no charge to the guests or in bussing or wa$hing dishes in a res- after the lawful closing hours; provided, that a taurant or hotel tha�, is licensed to sell in- written request for said party is submitted to the toxicating liquor anc� may be employed as waiters or waitresses''at a restaurant,hotel license inspector thirty(30) days prior to the pro- or motel where only wine is sold; provided, posed date of the party; and provided further, that the person undex the age of eighteen that no sales as defined by law of intoxicating (18)may not serve or sell any wine. liquors or nonintoxicating malt liquor shall be made at or during said party.The inspector shall O Every licensee is her�by made responsible notify the chief of police of the date of each pro- for the conduct of his�lace of business and posed party. required to maintain nrder and sobriety in (Code 1956, § 308.20; Ord. No. 16815, 7-23-51; such place of business� Ord.No. 17037, 6-30-83; Ord.No. 17162, 9-27-84) � � 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 aze hereby required to room adjoining the licensed premises any observe the following regulations; provided, ho�v- 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.1 2178 ICENSES §409.08 tabs and tip-boards may be sold on li ns d tions until one hour after the pazade, to premises when such activity is licen ed y ensure that patrons do not enter or esit the state pursuant to Minnesota St ut s, with beer or intoxicating liquor. Chapter 349, and conducted pursu nt o regulations contained in this Legi lati e (11) There shall be provided in all zoning dis- Code. This exception shall not appl to s- tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city r t e street parking spaces for all on-sale prem- sale of nonintoxicating malt bevera� ,n n- ises as provided herein: intoxicating malt beverages and wi e, a d nonintoxicating malt beverages an w' e a. �ansfer or new issuance to a struc- as menu items only. ture newly constructed for that purpose, off-street parking at the rate of one Notwithstanding other provisions f t is space for each forty-five(45)square feet Legislative Code to the contrary, th co n- of patron area. cil may permit an on-sale licensee to er- b. �ansfer or new issuance to an exist- mit the holding of a single event, s ch s a ing structure not previously licensed banquet, that includes the sale o r e for on-sale purposes during the twenty- tickets as a part of the event activ' y; ro- four (24) months preceding the appli- vided, that such events are sepaz e f om cation, off-street parking at the rate of the public areas of the licensed e abl sh- one space for each forty-five(45)square ment, nor open to the general pu ic, nd feet of licensed patron area minus the the raffle conducted by a charita e o ga- number of off-street parking spaces nization licensed by the State of Mi es ta. which would be required for the previ- (7) No dancing wherein the public p cip tes, ous use of the same area under the and no dancing, singing or other v ude 'lle esisting zoning code provisions. Exist- exhibitions or entertainment shal be per- ing parking which previously served mitted on the premises of any o -sa li- the same area shall not be counted to censee unless such premises are dul lic meet the requirements unless any are for entertainment. in e�tcess of what would have been re- �quirgd for the previous use. No addi- (8) The license issued to said license sh 11 be tion�l off-street parking shall be required posted in a conspicuous place in ha por- if t�ie number of additional spaces re- tion of the premises for which t e li ense quirled is five (5)or fewer spaces. has been issued. c. Expjansion of licensed area, off-street (9) No person shall remain in or loi er ' the P�'�ing at the same rate as transfer or parking lot of an on-sale license aft r the nev� issuance to an existing structure lawful closing hour. not previously licensed for on-sale pur- pos�s, plus twenty-five (25) percent of (10) When a licensee is notified by he olice any� pazking shortfall for the existing department that a parade will be ld 'thin lice�sed area. "Parking shortfall" shall one block of the licensee's esta lis ent, mesn the difference between one space all beer and all intoxicating liq or r liq- for each forty-five (45) square feet of uid of any type sold during the nti e day patron floor area for the e.�dsting licensed of said parade shall be sold onl in lastic area minus the number of parking spaces or paper containers. In additio , u on re- actually provided for that area. ceiving such notice,the licensee ha place d. "Patron area" shall mean to include a person at each entrance and ch exit of all areas used by the public, and ex- the establishment at least one ou prior cludes all areas used exclusively by em- to the time of parade, and the li ns e shall ployees for work,storage or office space. require a person to remain at ho e loca- Supp.No.l 2179 � � � �� r�� §409.08 LEG LA NE CODE e. Modification of parking requirement : ing off-street parking facilities which serve 1. The council may modify the o - the building shall be provided with a vi- street pazking requirements co - sual screen whe�e the parking facility ad- tained in this section upon appl - joins or abuts across an alley any residen- - cation made for that purpose an tial use or residential zoning district. The upon findings made by the counc screen shall be between four and one-half that granting of such mod�catio (4�z)and six and one-half(6�i)feet in height would not have a substantial de and of sufficient density to visually sepa- rimental impact on the surround rate the pazking facility from the adjacent ing neighborhood. Modification, ' residential use district.The screen may con- granted, shall be by resolutio sist of various fence materials, earth berms, adopted by at least five (5) �r 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 4-28-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, fifty (350) feet of the proposed li- 10-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. censed premises. The council may 17368, § 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 processing fee , 7-7-87) for parking modification applica- . tions. Applications and fees shall c. 409.09. Certain sexual conduct prohibited. be made to the license inspector. The following acts or co�duct on licensed prem- . 3. In granting any mod�cation, the es are unlawful and sh�ll be punished as pro- council may attach reasonable con- ided by Section 1.05 of�he Saint Paul Legisla- ditions regarding the location, de- sign, character and other features t ve 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 premis�s 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 characteristics 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 pra _ cedures set forth in Chapter 310 of 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 esisting building is converted to on-sale intoxicating liquor purposes, exist- � Supp.No.1 • 2180 - • • LI N S �409.10 (2) To employ or use the services of any host- d. Scenes wherein art�cial devices or in- ess while such hostess is unclothed or in animate objects are employed to depict, such attire,costume or clothing as described or.drawings are employed to portray, in subparagraph(1) above. any of tha prohibited activities described above. (3) To encourage or permit any person on the (Code 1956, § 308.23(11) licensed premises to touch, caress or fondl the breasts, buttocks, anus or genitals o Sec. 409.10. R.estrictions on licenses. any other person. When a reasonable basis is found by the coun- (4) To permit any employee or person to wea cil to impose reasonab�le restrictions upon a li- or use any device or covering esposed t ' cense held under this ehapter, the council, upon view which simulates the breast, genital issuing a new license 'or renewing a license or anus, pubic hair or any portion thereof. approving a transfer of a license, may impose reasonable conditions and restrictions pertaining (5) To permit any person to perform acts of 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 sexu 1 security. These reasonable conditions or restric- intercourse, sodomy, oral copulatio , tions may pertain to: flagellation or any sexual act which s (1) A limitation as to the hours when intoxi- prohibited by law. cating liquor may be sold and/or consumed b. Masturbation or bestiality. on the licensed�remises; � c. With or upon another person the touc - � � . ing, caressing or fondling on the b t- (2) A limitation and restriction as to the esact tocks, anus, genitals or female brea . location within a building where intoxicat- d. The displaying of the pubic hair, an s, ing liquor will be served and/or sold and/or vulva, genitals or female breast bel w consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use artificial d i- of ingress to or egress from the licensed ces or inanimate objects to depict any of establishment; the prohibited activities described abov . (4) A requirement that certain off-street park- ing facilities be provided; (7) To permit any person to remain in or u on the licensed premises who esposes to b- (5) A condition that the license will be in ef- lic view any portion of his or her geni als fect only so long as the establishment re- or anus. mains a drugstore, restaurant or hotel as - defined by the state liquor act or regula- (8) To permit the showing of film,still pict es, tions adopted pursuant thereto; electronic reproduction or other visua 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 sesual 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- se:cual 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 t nuisances will be prevented. vulva or the anus or the genitals (Code 1956, § 308.11(b)) Supp.No.4 . 2181 $409.11 LEGISL T E CODE Sec. 4()9.11. 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 nest regular ferable from person to person or from place to �eeting of the city council. place (including changes in licensed areas) with- The council's committee designated to hear li- out the consent of the city council, which consent cense matters shall then schedule a date for pub- shall be evidenced by resolution passed by the lic hearing upon said application for transfer or city council. No license granted for a specified change in licensed area. At least forty-five (45) part of any particular premises shall permit sales days before a public hearing on a tran.sfer 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 organiaations that have previously registered with said department to be notified of any such appli- shall be deemed a transfer within the meaning of cation, of the time, place and the purpose of such this section, and no such transfer of stock shall be hearing, said three hundred 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 council sumed or kept for sale to the property line owned, of any proposed sale or transfer of any stock in leased or under the control of the resident. Prior '� such corporation, and no such sale or transfer of to the hearing date,said department shall submit . � stock shall be effective without the consent of the to the council's commit�ee designated to hear li- council given in the manner above set forth. The cense matters a list of the names and addresses transfer of any stock without the knowledge and of each person or organization to whom notice consent of the city council shall be deemed suff'i- was sent, and certification of such list by the cient cause for revocation by the council of any department shall be conclusive evidence of such license granted to such corporation under the au- notice.A transfer or change in licensed area under thority of this chapter. this section only becom�s effective upon compli- Such corporate officers shall also notify the city ance with this section and consent of the council council whenever any change is made in the offi- by resolution.The failur�to give mailed notice to cers of any such corporation, and the failure to so owners or occupants residing within three hun- notify the council shall likewise be sufficient cause �ed fifty (350) feet, or ,to community organiza- ;or revocation of any liquor license granted to tions, or defects in the nqtice,shall not invalidate such corporation. the transfer provided a bona fide attempt to com- ply with this section has been made. A bona fide Notwithstanding the pro�isions of this section, attempt is evidenced by a notice addressed to = publicly owned corporations whose stock is traded "owner" and to "occupant" of the listed address. :n the open market may comply with the require- Only one notice need be mailed to each house or ments pertaining to stock ownership and stock each rental unit within a multiple-family dwell- transfer by furnishing the council with the names ing regardless of the number of occupants. and addresses of all stockholders of record upon . each renewal of the license. The notification requirements of this section shall not be applicable where the license is to be An application for the transfer of such a license ' transferred to a place located within the down- =ha11 be made by the !ransferee upon forms fur- town business district. For purposes of this sec- �ished by the division of license and permit ad- tion, downtown business district shall include all -ninistration of the department of finance and that portion of the City of Saint Paul lying within Supp.No.4 18 �`�_ ;�°''��,�� _ L CENSES §409.13 and bounded by the following streets: Be;inn ng from place to place into a liquor patrol limit sub- at the intersection of Shepard Road with Ch st- ject to all the restrictions and requirements of nut Street, Chestnut Street to Pleasant Ave ue, Section 17.0?.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg St eet - to Sumrnit Avenue,Sumrnit Avenue to Tenth S t, �d) Notwithstanding the foregoing, no licensee Tenth Street to Interstate Freeway 94, Inters ate shall be aIlowed to change the location of the Freeway 94 to Lafayette Bridge, Lafayette Br ge licensed premises for on-sale intoxicating liquor to where the bridge crosses over Warner R ad, (Place to place transfer) to any location within a �Varner Road to Shepard Road, Shepard Roa to °ne-half-mile radius of which there already are Chestnut Street. four(4)or more premises licensed for the sale and consumption of intoxicating liquor on the prem- (b) Notwithstanding any other provision in�the ises, unless his or her previous location is within Saint Paul Legislative Code, no on-sale lic se one-half mile of the�ew location and the previous shall be transferable from person to person; ro- location was acquired or condemned by a body _ vided, however, that until December 31, 1 89, having the power of'eminent domain, or the pre- such license may be transferred from perso to vious location was d�stroyed or made unusable by person if the following requirements are met: �ire or natural disaster, or the lease for the previ- ous location espired and the landlord was unwill- (1) The consideration for the transfer, whe er f ing to renew it. This paragraph does not apply if expressed as payment for the license o for the proposed new location lies �vithin a designated the transferor's consent to the transfer,s all commercial development district. not eXCeed the license redemption v lue (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; under Section 409.19 at the time the tr ns- Ord.No. 17173, 10-23-84;Ord.No. 17177, 10-23-84; � fer is approved; Ord. No. 175�1, § 5, 4-19-88) • . � (2) The transferee may operate said on- ale Sec. 409.12. R.evoCation;suspension;fine. license for the twenty-four-month period e:ct following the approval of the transfer nly Any license or pe�mit under this chapter may in a commercial development distric as be either suspended for up to sixty (60) days or defined in Section 17.07 of the City C ar- revoked or a civil fine imposed not to exceed two ter; and thousand dollars($2,000.00)for each violation on a findin;by the council that the license or permit (3) The on-sale licensed business of the tr ns- holder has failed to comply with an applicable feror has for the six (6) months prece 'ng statute, rule or ordinance relating to alcoholic approval of the transfer discontinued its beverages. No suspension, revocation or fine shall . operation or cTosed for any reason. take effect until�the license or permit holder has been afforded an opportunity for.a hearing under From and after January 1, 1990, no on-sal li- Section 310.05 of this Code. cense shall be transferable from person to per on. (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 in he 7-12-88) � Saint Paul Legislative code, an on-sale lice se - may be transferable from place to place wit in �c. 409.13. Inspector's duties. one liquor patrol limit as defined in Section 1 .07 of the City Charter, and from such liquor pa rol It is hereby made the duty of the inspector to limit to any location in a commercial develop nt see that no applicant for any license hereunder district, also as defined in said section of the C ar- begins to operate such business until the license ter, so long as the transfer and new location et has actually been issued to such applicant so to al� the requirements of law, ordinance, Cod ' or do by the inspector. Chsrter. r,� cti-sale licer.se may be transfer le (Code 1956, § 308.21) Supp.No.5 183 §409.14 LEGISLATNE OD Sec. 409.14. Owner's responsibility. s ve ty-five dollars ($875.00) payable in two (2) (a) Any act by any clerk, barkeeper, agent, ser- u amounts, the first to be paid before the vant or employee of any licensee hereunder, in 1 ce e is issued or renewed, �he second payment b made within six (6)mon'ths from the date of - violation of this chapter, shall be deemed the act su nce or renewal. Where a transfer of a license of the employer and licensee of such place as well s a proved by the council, the fee to be charged as that of such clerk,barkeeper, agent,servant or ha be the prescribed annual fee less a credit employee, and every such employer and licensee 'v for each month or portion of a month re- shall be liable to all the penalties provided for the ai ing of the original term. The licenses shall violation of same equally with the clerk,barkeeper, e alid on all days of the week consistent with agent, servant, or employee. the hours of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a clerk, All ther provisions of this chapter shall be appli- barkeeper,agent, servant or employee made in or cab e to such licenses and licensees unless incon- _ from any place duly licensed to sell nonintoxicat- sis nt herewith. � - ing malt liquor but not duly licensed to sell intox- ( ) public hearing; notices. No new on-sale wine icating liquor shall be deemed the act of the em- lic nse shall be issued, nor any esisting license ployer and licensee, as well as that of the person tr sferred from place to place, until the council actually making the sale, ar,d every such employer sh lI have first held a public hearing on the ap- and liGensee of such place shall be liable to all the pl' ation. The notification requirements applica- penalties provided in this chapter for such sale, bl to transfers or change in licensed areas in equally with the person actually making the sale. S tion 409.11 shall be applicable to the issuance (Code 1956, §§ 308.24, 308.25) of new on-sale wine licenses or transfers from pl ce 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 s e wine license issued pursuant to this section apply to this section: w o is also licensed to sell on-sale nonintoxicat- (1) Restaurant shall mean an establishment i g malt liquor and whose gross receipts are at 1 ast sixty (60) percent attributable to the sale of ' under the control of a single proprietor or f od may be permitted by the city council to also manager, having appropriate facilities for s 11 intoxicating malt liquors at on-sale in con- serving meals and for seating not fewer � nction with the sale of food �vithout having to than twenty-five (25) guests at one time ay any additional license fee. Such authoriza- and where,in consideration of payment there- on, if approved by the council, shall be noted for, meals are regularly served at tables to pon the licenses issued by the inspector. This the general public, and which employs an rovision is enacted pursuant to authority granted adequate staff to provide the usual and suit- y Minnesota Statutes, Section 340A.404(5). able service to its guests. Code 1956, § 30827; 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 -23-86; Ord. No. 17491, § 1, 9-16-87) ' fourteen(14)percent alcohol by volume,for consumption on the licensed premises onl}•. Sec. 409.16. Issuance of new licenses. in conjunction with the sale of food. (a) Applicability. This section applies only to (b) Issuance of license; fee; conditions. On-sale the issuance of new licenses and to the reissuance wine ]icenses may be issued, subject to the ap- of licenses under this chapter which have reverted proval of the liquor control commissioner, to the to the City of Saint Paul for any reason,including proprietor of any restaurant as defined in thi revocation, the death of the licensee, or lapse of section and without regard to Section 409.03 lim the license by failure to renew.This section is not itations. The license fee shall be eight hundre applicable to renewals or transfers of licenses. Supp.No.5 21 4 •� LICENSES 4 409.16 - (b) Special issuance excise tax—Off-sa : tomarily placed on transfers between pri- (1) The council shall condition the is ua e or • vate parties, rather than to confer it upon re-issuance (hereafter, "issuance') o a li- one licensee as a windfall benefit. cense under this section upon p •m t of (c) Special issuance tax—On-sale. the special issuance tax in addit on o all other requirements of this chapte an this (1) Notwithstanding any other provision of la�v section. or ordinance, the council shall condition the issuance or reissuance (hereafter, "is- (2) The special issuance tax shall be a a ount suance"� of an on-sale license under this equal to the fair market value f t e li- section ti�pon payment of a special issuance cense as defined in subparagraph 3)o this taY determined in accordance with this sub- subdivision. division, in addition to all other require- _ (3) A license issued under this ch pte and ments uf this chapter and this section. The this section is a privilege accor d the proceeds of such taY shall be used for the licensee to engage in the activiti s p mit- redemption of licenses under Section 409.19. ted thereunder,and is neither pr er nor . �e terms"issuance or reissuance," as used a property right. The phrase "fa r m rket in this subdivision, do not include the issu- value," therefore, means, for th p pose ance of an on-sale license as an absolute �cl of this section, the pecuniary val c tom- first priority under paragraph (e) of this T � arily placed upon the consent o a 1' ense section, and no such tax will be imposed holder to the transfer of his lice se y the thereon. � parties to such a transfer as aut ori ed by (2) The spe�ial issuance tax shall be an amount � . : this chapter and Section 310.11. he value determi�ed by the following schedule: �� ,�� of such a consent necessarily d es ot in- a. Fram August 1, 1984 through January clude real property, fixtures, e ui ment, ! inventory, good will or any othe ass ts. 31,'',1986—$40,000.00; b. Fram February 1, 1986 through Janu- (4) Such fair market value, as defi d i sub- ary 31, 1987—$36,000.00; paragraph (3), shall be determi ed y mo- c. From February 1, 1987 through Janu- tion agreed to by a majority of the mem- ary 31, 1988—�32,000.00; bers of the council after the co ncil's d. From February 1, 1988 through Janu- committee designated to hear li ens mat- ary 31, 1989—�28,000.00; ters takes testimony at a publ c h aring e. �dm February 1, 1989 through Decem- held before the receipt of any a pli ation. ber 31, 1989—�24,000.00. Such value may be established b tes 'mony (3) An on-sale license is a privilege accorded to of the inspector regarding rec t 'cense the lice�see to engage in the activities per- transfers, and shall be the val e rea- mitted thereby, and is neither property nor sonably may be determined on o ab ut the a property right. Such privilege is not im- _ time of issuance of such license nd r this ' � section. The council's committee esi ated pliedly',altered by the city s discretionary to hear license matters may als he r any option to pay a redemption value for out- other relevant evidence. Notice o su h pub- standing licenses or by the payment of a lic hearing shall be published onc in a special issuance tax. Such provisions have newspaper of general circulation in e city been adopted by the city council in order to not less than ten (10) days pr' r such �e in�o 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 i a opting the private parties to that transaction,said this section to gain for the citi ens of the transfers now being prohibited by law. City of Saint Paul this value w ich is cus- Supp.No.4 2185 $409.16 LEGISLATNE O E (d) Applications: that fact and the grounds for the recom- (1) The council shall, after determining the mendation and provide them with an op- amount of the special issuance tax, by mo- Pa�unity to be heard before the council s tion instruct the inspector to receive appli- committee designated to hear license mat- cations for the re-issuance of such license, ters before any other action is taken on specifying beginning and ending dates of a such re-issuance. The council shall, after period not to e:cceed 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 v�rell-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 � � Selection—Off-sale. addition to the proportion of the special issuance escise tax required by subpazagraph ( ) 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 inspection of the premises sought to be li- Which an applicant is to be chosen by ran- . censed by appropriate officials of the divi- dom selection.All applicants are to be noti- sion of housing and building code enforce- fied in�vriting of such date. ment,the division of public health, and the 2) At the gublic 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. Suc�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 �rawn at random by a inspector, it shall notify the council. member of the cou�cil's committee desig- nated to hear licensQ matters as designated (4) Each application shall be accompanied by by the presiding offi¢er of the council's com- -. the deposit of a sum of money equal to ten mittee designated tb hear license matters. (10) percent of the special issuance excise �e applicant so selected shall be announced, tax in the form of a cashier's check or certi- and shall be awarded the license, by reso- fied check payable to the "City of Saint lution,upon payment within forty-eight(48) Paul." 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 taY. 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 18 j�r/ �'�.,i%'�/ LICENSES 4 409.16 escise tax within forty-eight(43 ho s,the ing and serving meals to not less than council's committee designated to ear li- fifty (50) guests at one time, ranked in cense matters shall select anoth r a licant the order of such seating and serving in accordance with the proced res 'n this capacity from the greatest number down section. to fifty (50); (4) The deposit of ten (10) percent of t e spe- d. Applicants for the operation of restau- cial issuance escise tax shall e r tained rants or hotels not covered above,ranked by the city until the license i a arded, in the order of capacity for seating and after which time the deposits o th unsuc- serving meals to guests from the great- cessful applicants shall be refu de In the est to the lowest seating and serving event an a licant demands a d ceives capacity; and y pP e. All other applicants, in the order by back his deposit prior to the a ar of the date and time on�vhich their completed � license, the application shall b '' de med to � have been withdrawn. applications were received by the license inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from the inspec- �� the city may apply for the issuance of a tor that all the eligible applic tio s have new on-sale license within one year of such been received, inspected and i 'ves igated, redemption. and after hearing having con ide ed and �g� Nonissuance Nothing contained in this sec- determined whose application ay urther tion shall obligate the City of Saint Paul, nor be considered despite any adv rse recom- imply any ok�ligation,to reissue any licenses which mendation made, the council' co mittee have revert�d to the city. The city council may, designated to hear license mat rs hall by by resolutio�2, declare that such licenses shall not motion set a date for a public he ring at be reissued,'specifying any length of time deemed which one or more applicants de ending advisable d�#ring which no such licenses shall be on the number of licenses to b iss ed, are re-issued. to be chosen according to the p ior ties set forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qualified app ca s than communica�e with any member of the city council on-sale licenses to be issued,app ica ts shall regarding a�y application or applicant for issu- be entitled to receive such lice ses accord- ance or re-i$suance of a license pursuant to this ing to the following order of pr' rit : section unless such communication is made dur- ing the course of a public hearing before the coun- a. As an absolute first priori y, appli- cil's committee designated to hear license mat- cant who purchases an e. isti g busi- ters held puxsuant to this section. ness having an on-sale lice se 'th the ' intent of operating said bu ine s at the (i) Neighborhood Betterment Fund A Neighbor- same location for at lea t o e year hood Better;iment Fund is hereby established, to _ thereafter; which ten (�.0) percent of the proceeds of the spe- b. Applicants for the operati n o restau- cial issuanc�e tax are hereby appropriated. Such rants capable of seating nd serving fund shall b�e used to assist the housing and rede- meals to not less than e undred velopment �uthority of the City of Saint Paul, (100) guests at one time, r nk d in the Minnesota, in the acquisition, clearance or rede- order of such seating an se ing ca- velopment of blighted or deteriorated areas and pacity from the greatest n' m er down structures in neighborhoods having concentrations to one hundred(100); of businesses licensed for the sale and consump• c. Applicants for the operat on f hotels tion of intoxicating liquor on the premises, w�hich having dining rooms cap ble of seat- acquisition,clearance or redevelopment are hereb}� Supp.No.4 2187 �' ` :%. �/ '' '� §409.16 LEGISLA E ODE determined to be for a public purpose. Such pur- a d conditions may limit the dispensing of intoY- poses and uses of the fund may include the acqui- i ating liquor to designated areas of the facility. sition of the real or personal property of existing e department of community services may fix on-sale liquor businesses, and affirmative assis- a d assess a fee to be paid to the general fund in tance of financing of minority-o.vned businesses t e case of Town Square Park and to such special seeking or needing on-sale intoxicating liquor f nd as may be designated by the director of said licenses. d partment in the case of Phalen Park Club House (Code 1956, §§ 308.28-308.33; Ord. No. 17172, b an on-sale licensee for each event for which 10-23$4;Ord.No. 17176, 10-23-84;Ord.No. 17551, t licensee is engaged to dispense intoxicating § 7, 4-19-88) li uor. ( d. 16812, 7-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation;penalty. c. 409.19. License redemption. � Violation of any of the regulations contained in _ Sections 409.08 and 409.09 shall be a misdemeanor he city may, at its option and in its sole dis- and shall be punished as provided by Section 1.05 cr tion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. ce ved from the special issuance tax are avail- (Code 1956, § 308.23(12)) ab e,redeem any on-sale license,with the consent of the licensee, by payment of the redemption Sec. 4()9.18. Town Square Park; Phalen Park va ue to said licensee. Such redemption terminates Club House. th license for that license holder, and permits The department of community services may au- th city at its option and in its sole discretion to thorize any holder of an on-sale liquor license iss e said license in accordance with the require- issued by the city to dispense intoxicating liquor m nts of law and ordinance. The city may not at any event of definite duration on the public re eem any on-sale license which has been re- premises known as Town Square Park and Phalen °o ed or not renewed for cause. The redemption Park Club House. The event may not be profit va e shall be an amount determined by the fol- making except as a fund raising event for a non- lo ing schedule: , profit organization or a political committee as O From August 1, 1984,through January 31, defined in blinnesota 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 through January a person or organization permitted to use the prem- 31, 1987—$60,000.00;' ises and may dispense intoxicating liquor only to ( ) From February 1, 19�87 through January persons attending the event. A licensee's author- 31, 1988—�50,000.00; ity shall expire upon termination of the contracted � � 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 ( ) From February 1, 19�9 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, � 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- ai•e not inconsistent with Laws, 1981, Chapter e ed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispensing eq ired by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance with e-i sued by the city in accordance with law. the terms and conditions prescribed by the de- Or . No. 17172, 10-23-84) pai•tment of community services and those terms Supp.No.4 218 I LICENSES §409.21 Sec. 409.20. Commercial development ' ' 'c . Sec. 409.21. Pu11-tabs and tipboards in bars. (a) Commercial development districts,as efi d (a) On-sale licensees may request permission in Section 17.07.1 of the City Charter, ay e of the city council to permit qualified charitable created or expanded by the filing in the o ice of organizations to conduct la�vful gambling in the the city clerk of a written petition there r t- form of pull-tabs and tipboards only on the li- ting forth the boundaries of the expanded str t, censed premises. Application for permission shall and containing the written consent of the wn rs be made to the license inspector and payment of of two-thirds of the several descriptions f r al the specified fee. If the application is granted, the estate situate within the new or area of he x- license shall contain an endorsement specifying panded district, together with the written ons nt this approval and the gambling endorsement may of the owners of two-thirds of the several esc ip- be considered for renewal at the same time as the tions of real estate situated within one n ed council may consider renewal of the on-sale license. (100) feet of the new or expanded distri t, nd (b) Gambling endorsements on on-sale licenses - after the affirmative vote in favor there f b at shall be subject to the following regulations which least five(5)members of the city council. shall be deemed as a part of the license, and failui•e of compliance may constitute grounds for (b) The city council may waive the requ' em nts =- adverse action as prescribed in the vegislative for consent signatures if the city coun 1 s all Code: determine that a hardship exists therefor an in such case the council may,on its own,ini ate the �1) Only charitable nonpro�t organizations process of creating or expanding a co e ial �'hose primary function is the support of development district. In such case, the ffir a- athletic activities and serving a majority of tive vote of at least five (5) members of he ity the yout� from the City of Saint Paul or council shall be required to create or exp nd ny contribu�es a majority of its revenues on � such district. Saint Pa'ul youth may be allowed to sell pull-tabs�and tipboards on the premises. (c) In all such cases, the planning co mis ion (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 co pre en- the licensee and the charitable organiza- sive plan and zoning ordinances, and t e lan- tion. Th� lease shall be for a term of at ning commission shall report in writin t the least on� year; a copy shall be filed with city council its findings and recommend tio . the lice�se inspector, and also a copy must (d) Upon receipt of the report of the la ning be kept pn the premises and available for commission, the council's committee d si ated public i�spection upon request. Leases shall to hear license matters shall fix a date r blic be governed by the following: hearing to consider the petition or pr po 1 to a. Ma:timum rent that may be charged is create or expand a commercial develop e dis- one hundred dollars($100.00)per week. trict and afford an opportunity to all af�' cte per- b. Rental payments may not be based on sons to be heard.The city clerk shall ca se otice a percentage of profits from gambling. - of the hearing to be published once in t e o icial c. The charitable organiaation may not newspaper of the city, and mailed noti e t ereof • reimburse the licensee for any license shall be given by the department of fi an and fee�or other gambling-related expenses management services to all owners of 1 d ithin incurred by the licensee. the new or area of the espanded dis ict Pub- d. Th$ only form of gambling that shall lished notice and mailed notice shall b m de at be permitted on the licensed premises least twenty (20) days in advance of e ublic shall be pull-tabs and tipboards approved hearing. by�the license inspector. (Ord. No. 17238, § 1, 5-9-85; Ord. No. 755 , § 8, e. Pull-tabs and tipboards shall only be 4-19-88) sold from a booth used solely by the Supp.No.4 2189 fi 409.21 LEGISLAT E ODE charitable organization, and pull-tabs (7) The licensee shall be responsible for the and tipboards shall neither be sold by charitable organization's conduct of selling � employees of the licensee nor sold from pull-tabs and tipboards. The city council . the bar service area. may suspend the licensee's permission to f. The construction and maintenance of allow gambling on the premises for a pe- the booth used by the charitable orga- riod up to sisty (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 organization 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 rev�cation 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 qn-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) organi2a- Ch.402;bingo halls,Ch.403;game rooms,Ch.406. tions at separate times in a Class B estab- lishment,and no more than two(2)charitable Sec. 409.22. 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 the licensed premises shall be conducted only by quali- � are located in totally separate areas. fied and state-licensed'charitable organizations. In addition to satisfyingithe qualifications set forth (4) The licensee may not be reimbursed by th in Minnesota Statutes,chapter 349,the following charitable organization for any license o regulations and quali�cations must be complied permit fees,and the only compensation whic with by all such charitable organizations: the licensee may obtain from the charit (a) Must be a nonArofit charitable volunteer ble organization is the rent fixed in th organization whpse primary function is the lease agreement, support of athletic activities, including the (5) The licensee must commit to a minimum f following activiti;es: Acquatics, baseball, bas- twenty (20) hours of sales of pull-tabs a 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 p - tling. The council may, at its discretion, mission to allow the sale of pull-tabs a d include nonpro#`it charitable volunteer or- tipboards on the licensed premises, the i- ganizations whbse primary function is the censee must demor.strate to the license ' - support of yout'h activities other than ath- spector that at least one thousand doll s letics after an initial six-month period, pro- ($1,000.00) in gross gambling reven s vided such org�niaations meet alJ other re- weekly are generated in a Class A est b- quirements of the charitable gambling ]ishment, two thousand dollars (�2,000. 0) ordinance. in a Class B estabIishment, and two th u- (b) Must be a local charity serving yoiith, a - sand dollars ($2,000.00) per charity i a majority of which are from St. Paul and/or Class C establishment, based on a twe ty- spends a majority of its revenues on St. hour-per-week operation. Paul youth. Supp. No.4 190 .. ICE SES §409.23 - (c) Must have been in existence for three ( ) � (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 athlet c of the-net profits from selling of pull-tabs ; program, either public or private. and tipboards to be distributed to other youth athletic organizations to be e�cpended for such (e) Must file with the license inspector an - lawful purposes as specified in Minnesota ally a list containing the names and d- Statutes, Chapter 349. dresses of all current members. (s) The charitable organization shall not use a (� Must use gambling proceeds only for yo th pull-tab or tipboard which does not return athletic activities. If the organization g n- to the players a minimum percentage of erates funds for other uses, it must k ep seventy-five (75) percent, nor a maYimum separate and accurate accounting reco ds percentage of�#ighty(80)percent,which per- - of all gambling receipts and disburseme ts. centage shall include free plays awarded. ' (g) Must file financial reports weekly with he (t) The charitabl� 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 eY- than two(2)Class A establishments an n pense of the charity. more than one Class B or Class C e tab (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § lishment in the City of St. Paul. 1, 3-10-88) Cross reference—Lawrful gambling,Ch.402. � (i) Must e.�chibit and sell pull-tabs and tipb ar ' . ' in a method as required by the li ens Sec. 409?3. Ftuid;established;administration. � inspector. (a) There is her�by established a special fund (j) May be required to demonstrate to th ci for the administrataon and distribution of the pro- council that the majority of their tot 1 i - ceeds contributed by charitable gambling in on- come is given to youth athletic activi ies. sale liquor establishments as specified in this chap- (k) Workers or managers may not divul e t e ter.bfonies in this fund may be expended only for ---- number of or the dollar amount of th wi _ such lawful purposes as set forth in Minnesota ners at any time. Statutes, Chapter 349, and shall be e:cpended to assist youth athle�tic organizations which are not (1) Shall not comingle game cards. selling pull-tabs 2�nd tipboards in licensed estab- (m) Shall pay employees a minimum age of lishments. three dollars and thirty-five cents �3. 5) (b) The city cauncil shall appoint a city-wide per hour (federal minimum wage) nd no charitable organ�zation and youth or adult repre- more than five dollars($5.00)per h ur. sentatives from �ach of the city's recreation dis- (n) Shall comply with all the provisions of in- tricts to advise the city on the disbursement of � nesota Statutes, Chapter 349. these funds. The council, with the advice of the appointed city-wiide charitable organization and (o) Gambling manager's compensation all not representatives, shall by resolution adopt rules exceed fifty dollars($50.00)per we k. and regulationsl governing the administration of (p) Shall reg-ister with the state gambli g b ard the fund, eligibl�applicants and appropriate uses all equipment and supplies used in li- for the funds.Th�se rules shall include the following: . censed on-sale liquor establishme t. (1) Applicants for funding must be incorporat- (q) Shall post in a conspicuous place ule and ed, nonprofit organizations formed for the regulations concerning charitable a ling P'�'Pose af supporting youth sports and ath- as required by the license inspect r. letic programs. Booster clubs organized for Supp.No.4 2191 §409.23 LEGISLA NE ODE a recreation center or a specific sport may (4) Gambling managers may not receive more be eligible, but organized school teams, than fifty dollars ($30.00)per week for com- whether public or private,will not be eligible. pensation for services as a gamblirig 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 charitable gambling ordi„ances, accounting es, nor for salaries or travel expenses, but procedures, record keeping and reporting may be expended for an individual or team representing the city or state in a state or procedures and methods. national championship tournament. rd. No. 17321, § 6, 12-31-85) (4) No organization operating charitable gam- c. 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 e:cceeding 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 w-ill 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 espenditures. ssued for periods not to esceed three (3)consecu- (Ord. No. 17321, § 5, 12-31-85) ive days. No organization shall be granted more han two(2)such licenses per calendar year. (b) Liquor licenses. No�withstanding any other Sec. 409.24. Gambling managers. rovision of this chaptex, a club or charitable, No person shall be a manager of any charitable ' eligious or other nonpraFt organiZation in exis- organization selling pull-tabs and tipboards in on- ence for at least three (8) years may obtain on- sale liquor establishments unless licensed by the ' ale license to sell intoxic�ting liquor for consump- city as provided herein and compliance with the ion on the licensed premiises only and in connec- following requirements: ion with a social event�ithin the city sponsored y the licensee. The license may authorize on- (1) Application for gambling manager license ales on premises other than premises the licen- shall be made at tl.e office of license in- ee owns or permanentl� occupies. The license spector on forms provided by said office. ay provide that the li�ensee may contract for The annual license fee is one hundred dol- ' {�xicating liquor catering services with the holder = lars($100.00). f a full year on-sale in�oxicating liquor license (2) Gambling managers shall meet all the re- issued by the City of Sai�it Paul.The fee for such quirements of Minnesota Statutes, Chap- license shall be one hundred thirty-five dollars ter 349, and must file proof that a ten thou- ($135.00)per day, and sh�ll be issued for not more sand dollar (�10,000.00) fidelity bond has than three (3) consecutive days. No organization been provided. shall be granted more than two (2) such licenses (3) An individual may not manage any chari- Per calendar year. table organization's gambling operation for (c) Application. Application for such temporary more than three (3)consecutive years. licenses shall be made on forms provided by the Supp.No.4 19 �'� !,' r�� L ENSES �410.26 inspector and shall contain such informatio as subject to the provisions of these chapters govern- spec�ed by the inspector,including the follo�vi g: ing Class II licenses.The inspector shall make all (1) The name, address and purpose of th or- referrals as provided by Section 310.03, but the ganization, together with the names n 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 lic ns license on a timely basis. is sought, together with the place, te (Ord.No. 17459, § 1, 5-28-87; Ord. No. 17569, § 4, and hours during which wine or intox cat 6-7-88) ing liquor will be sold. (3) Consent of the owner or manager o th �c. 409.26. Into:dcating liquor; presumptive premises, or person or group with 1 u penalties. T responsibility for the premises. (a) Purpose. The purpose of this section is to - (4) Evidence that the applicant has obt ine establish a standard by which the city council determines the length of license suspensions and and has in force a bond in accordance wit revocations, and shall apply to all on-sale and Section 409.06(j), and liability insura ce i _ off-sale licensed premises.These penalties are pre- accordance with Minnesota Statutes 98 , sumed to be apprapriate for every case; however, Section 340A.409. the council may deviate therefrom in an individ- (d) Application of other prouisions 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,exce Se - sons making it more appropriate to do so. When � tions 409.06, 409.07, 409.08 (except claus (1 ) deviating from these standards the council shall � and(12)), and Sections 409.09 through 409. 4. provide �vritten reasons which specify why the . penalty selected was more appropriate. (e) Class II license. Notwithstanding an oth r provision of law to the contrary, the tem or y (b) Pr'esumptive penalties for violations. Adverse wine and liquor licenses provided in this cti n penalties for convictions or violations shall be shall be administered as a Class II licens , a d presumed as follows: Type of Violation Ist Violation 2nd Violation 3rd Violation (1) Commission of a felony related t th li- Revocation ; NA NA censed activity (2) Sale of alcoholic beverages while 1 cen e is Revocation � NA NA under suspension (3) Sale of alcoholic beverages to u de -age 5 consecutive ;' Revocation NA person days suspension - (4) Sale of alcoholic beverage to in oxi ated 5 consecutive I 15 consecutive Revocation person days suspension days suspension (5) After hours sale or display of alc olic 3 consecutive 9 consecutive Revocation beverages days suspension days suspension _ (6) Refusal to allow city inspectors or olice 5 consecutive 15 consecutive Revocation admission to inspect premises days suspension days suspension (7) Illegal gambling on premises � 3 consecutive 9 consecutive Revocation days suspension days suspension Supp.No.4 2193 §41026 • LEGISLATNE OD Type of Violation st iolation 2nd Violati0n 3rd Violation (8) Permit person to leave premises with alco- co secutive 9 consecutiive Revocation holic beverages d ys uspension days suspenSion (9) Failure to make application for license re- 5 c nsecutive 45 consecu�ive Revocation newal prior to license espiration date d ys uspension days suspension (10) Violations of city ordinances pertaining to 5 c nsecutive 15 consecutive Revocation fire or building or health codes ays suspension days suspension (c) Computation of time. For the purpose of de- ( ) Off-sale licenses shall permit the licensee af termining the number of occurrences of violations, su h nonintoxicating malt Iiquors to sell same in _ the council shall consider a violation as a second or ginal packages for consumption off the prem- - occurrence if it occurred within eighteen(18)cal- is s only. _ endar months of the first violation, and shall con- d) Nothing herein conta�ned shall be construed sider a violation as a third occurrence if it oc- t prohibit the sale and delivery in original pack- curred within thirty (30) calendar months of the a es directly to the consumer by the manufac- second violation. t er or distributor of nonintoxicating malt liquors. (d) Other penalties. Nothing in this section shall �e) No off-sale license shall be issued for any restrict or limit the authority of the council to ace where nonintoxicating malt beverages shall suspend up to sixty (60) days, revoke the license, impose a civil fine not to esceed two thousand e sold for consumption on the premises. dollars(�2,000), to impose conditions or take any (fl "Nonintosicating malt liquor" is any fer- other adverse action in accordance with law; pro- ented malt liquor, potable as a beverage, con- , vided, that the license holder has been afforded aining not less than one-half of one percent('/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. two-tenths (3.2)percent alcohol by weight. (Ord. No. 17556, § 1, 4-28-88) (Code 1956, §§ 310.01, 310.17, 310.20) Sec. 410.02. Fees. Chapter 410.Nonintoxicating Malt Liquor* . Before the filing of an application for either of Sec. 410.01. License required; definitions; the licenses hereinbefore provided for, the appli- exceptions. cant shall deposit with the license inspector the sum of two hundred fifty dollars (�250.00) if the (a) No person shall sell nonintoxicating mal application is for an on-sale license, and the sum liquors at retail in Saint Paul without a license. of fifty dollars(�50.00)if the application is for an � (b) On-sale licenses shall permit the license off sale license, and the inspector shall thereupon for the sale of said nonintoxicating malt liquor deliver to such applicant duplicate receipts there- to sell such for consumption on the premises. 0 - for, containing a statement of the purpose for sale licenses shall be granted only to restaurant , Which such deposit was made, and one of said . hotels,bona fide clubs, establishments for the e - receipts shall be attached to and filed with said clusive sale of nonintoxicating malt beverages a d application. establishments licensed for the exclusive sale f (Code 1956, § 310.03; Ord. No. 16843, 10-20-81) intoxicating liquors. ' Sec. 410.03. Licensing requirements. •Cross references—Liquor and beer regulations gene al- ly,Title XXN; intoxicating liquor, Ch. 409; use of beer nd (a) Application. Any person desiring either of intoxicating liquor prohibited in motion picture drive-in t ea- the licenses as hereinbefore described shall first tres, §4is.os(b). make an application therefor to the council of the Supp.No.4 194 WNITE - CIT�Y CLERK � �yr'� //{'� PINK � FINANCE • COU{SCll ��'� _��G �• M1-' CANARr - LEPAR7MENT GITY OF SAI PAUL � � " SLVE �MAV01i File �� i:itp Attzv/�'B� . _ • Q ,J ' Ordin CG Ordinance NO. I7lo/ •� �� ,Y � Presented By • • '✓f � �`'�' -' I. _ Referred To � � ommittee: Date : Out of Committee By Date .� - � ._;�,� A►-� ordi_ a.� e a�eading s�c±-ions . � 4C4.10, 404. I, 4�4.2^ and 4J9.?3 of � • t'�e Saint Pa I egislative Code tQ � �rov�.de for u t�.er re�ulation o� �he , conc�uct of 1 : ul g�blirC on licer_�ed �renis,_s an i priv�te clubs . TI� C`!�:�;CIL C?I' T'-� CIiY QF SAI� i Ai?L '�OrS �JRDAI:T: � Sect?on i. Sect�on 4��.2I{��) (I) o� he Saint ?'aul I.egislative Code is ��ere�y aa.-:e:�ded to r�a� as fo1 oc�� : . iI) Onlr c?�aritable ron r f=� organ�zativns licer_sed - �7 t;�e ��4e of '-iinr_esot o o��rate ti,�tio�rds a� . ?�u tar�s �_ ese ��:�e� � ��eP �s �3e e��ex�-8= . az�=z ae��cie9 a.�� ee ��..e �� 8�� er �be �et�z� ��ea ��a si�� e= a� _� Pa�� eg eea=��x�as e ��fie�� g€ ��s �sxea�A e ��s� Fa�� get�� ziar +�e . allot�ed to s�Il �ulltz� ci ti�boarc�s on the licensed �re�ises . S�ction 2. 5ection 4��3.?_I of the . a.� t Paul Le�islat�.ve Coce i� ney�by : a.�er.c�e� hy add3.n; at t�.e er� zereof ne*.� ��s�se�ctions (c) (?) , (c) {2) and �c) (3) to r��c� as � ? owa : ' COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��B In Fav r Goswitz Rettman Scheibel A gai n BY Sonnen Wilson Form Approved by� City Attorney Adopted by Council: Date CP•tifred Passed by Council Secretary BY �� Approved by Mayor: Date Approved by Mayor for Submission to Council By BY . �'�-_�_� �7��3 2 - "(c) (1) rlotwithstanding any th r provision of law or of �sections 409 .21 and 409 . 2 o this chapter, not �iore than five (5) charitable non r fit organizations which qualify as ' lar�e organizati n ' riay be permitted to conduct lataful gamblin� in t e form of pull-tabs and tipboards on licensed premi es after r.ieeting all other . requirements of chapters 31 a d 409 of the Saint Paul Legislative Code and of any o er a�plicable statute, � regulation or ordinance. T e tenn ' lar�e �organizatior_' for the nurvose of this cha t r shall mean and include - any charitable nonprofit orga ization which has the ' size and resources , as t�el a the public �acceptance and drawing power, suffici nt to dominate in the com- petition for licensed prem s s in which to conduct charitable gambling so as o ake it difficult or im- possible for small charita 1 nonprofit organizations to find suitable or desir 1 premises in which to raise funds by charitable ga bling. ' A_n �y cti.aritable non�rofit organization (i w ose annua�gross revenues for the immediatel past iscal or ca en ar year rom - . a sources are in excess o , , or ii w ose . annua mana�ement an a n strative expen �.tures or its current bud et year re in excess o 3 , , , or iii t�Tenty- ive per en o or more o �a ose net nro its rom c arita gam ing are or ave een istri ute in at east ee o t e ast ive vears to anot er nonpro it or rita e orhanization o w ic it is a oca c a te or su si iary, s a e �resume to e a arge o oration. e computatiori o t e a ove o ar amo nt s a e the �total for both the charitable non r fit organization in question and any other u organization, if such other or�anization: (i) has the power t a point a majority of the governing body f he organization in _ question; ' (ii) has or exerc' se the authority to direct or control he work of the officers or employees of th o ganization in q�aestion; (iii) provides hal r more of the grbss � revenues of the or a ization in ques�ion; or " � ��'t � � _ � 1 l ,-� J��, /7� -2b- (iv) franchises or h ters the organization in � question, or permit e organization in question to use its narne and o organizational symbols in the conduct of the u d-raising activi�ties of the organization in que t' on. ' (c) (2) No endorsement o the on-sale lice�se shall be � granted to any on-sale 1' censee for a lar�Qe organization until thirty (30) days a ter the �effecti.ve date �of this ordinance. If there a e ore than five �q�alified - anplicants for such en o sement , the coun��l shall by ' motion set a future re u ar council meeting date at which five such applic n s shall be selected for the issuance of the liquor e dorsements authorized herein. Such selection shall b v lot �in accordance with the procedures indicated i ection 409 . 16 (e)�(2) (excepting the payment of the spe i 1 issuance �excise tax) . Not less than thirty (30) a s after one of s,uch �endorse= ments is revoked, deni d or lapses for a�y reason, the Council may establish ate for random s�el:ection among .. other«ise qualified ap 1 cants as provideid above. If the number of applican s at any time is �qual to or less than five, or less tha he number needed to bring the total of such endorsem' n s issued to five, then the Council may issue such' e dorsements in the �regular manner. (c) (3) The lar�e organ' z tions authorized to o�erate �in on-sale licerised premi e as provided fo� in this sub- section (c) shall be r q ired to comply ��tith all appli- cable requirements of a and of sections 409 .21 through 409. 23 , including the a erit of 10% of �heir net profits from selling of pull-t b as provided by ;section 409 . 21(r) ." Section 3 . - The existing section 09 21 (a) of the �Saint �Paul Le�islative Code is herehy reriumbered o e read as secti4n 409 . 21(a� (1) , and the following new section 09 21 (a) (2) is her�by adopted: � rs�� . - ��-,�a4-� - �76/3 _4_ , in this fund may be ex en ed only for suc� lawful purposes as set forth n innesota Statut�s , Chapter 349 , and shall be expe de to assist youth a�k�e��e organizations which ar n t selling pull-�abs �and ti�boards in licensed st blishments . " Section 6 . _ Section 409 . 23(b) (1) o he Saint Paul L�gislative Code is - hereby anended to read as f 1 ows : ; "(1) Applicants for f d ng Lnust be inco�porated, nonprofit organizatio s ormed=for the p�arpose of supporting youth eae� s ad .a�k�e��e pro�rams . Booster clubs organiz d or a recreation center or a s�ecific sport m y e eligible, but organized school teans , whether p lic or private, will not be eli�ible. Evidenc at �an or�ariizatiori has ._ • � been recognized b th S as exemnt ro� taxation � �ursuant to U. S . C. § O1 or is usin a,n organi- zation so reco riized s a isca aaent s'ha be accepte as nroo th t is a non ro i �or ani- zation; ut suc evi n e is not t e exe usive � metho o establishi ' � on ro it status : Section 7 . Section 404. 10(6) of th Saint Paul Leg�.slative Code is hereby amended to read as fo lows: ; " (6)� Teri ercent �(�l0 0) of the proceeds �eceived from the gam ing activit ay be ��e��e� �s�a�;� �e �kese e�gar�}�a�}eas ax� ae } ��}es e��g�b�e t}a�.e� �ee��er� 499-��{a3� �sh�all� be p i: �to �the Fund �es �ab�lish�ed iinder ' � �sectzoii '40 . o �t aint Pau Le is '�ative Co e . ; ; ��,g d�� . . ,y' �, _. ��`�'"`7�. �f�� '' /��/3 _5_ S ction 8 . . Section 404. 10(17) of t e aint Paul Legislative Code is hereby repealed. ection 9 . � Section 409 .21 of the ai t Paul Legislative Code is hereby amended by adding a new sub ec ion (d) at the end tliereof, to _ read as follows : - ' "(d) No charitable org n' zation, whether 'a large organization, exeaipt .0 d r state law, licensed by the State of Minnes t or issued a ga�bling permit under any ordi an e, .shall sell pull-tabs arid/or tip boards in or than three (3) estab- lishments licensed by th city of Saint Paul for the sale of intoxicat n liquor in accordance . with section 409 . 22 ; r ided, however, that no � such or�anization may o erate in a second estab- . � ' lishment until� it has b en in �full operation for � at least three month i the first establishment , nor operate in a thi d stablishr.ient until it has been in full operati n or at least thr�e months in both the first an s cond establishments . " Section 10. - This ordinance shal t ke effect and b� in force thirty (30) days follotiaing its as age, approval and publication. Section 11 . . Section 2 of this d nance shall be effective commencing - as provided herein, and te inating on Dec�mber 31, 19°O , such ' � Ir�6 PaelofZ � /,r� . � Ci xhib' � g �i'`�/ f A�W�) - = � = � � � _ . _ � � � `° - _ = �. � v, � a � 8 ANDOLPH AVENUE CORPORATION ON SALE LIQUOR � _ ,� I D : HE SPOT BAR o � o �- P es'dent, Secretary Michael K. 0'Toole H � o � � � & Tr asurer G�'� N '�+ V� O N O �W .`3 rh �' `^ � � °' � �� OFFICER CARD � � � � � � � � � I � c� � � � � � � � � �' fD � � co a � � <-r' 3 � � p cr' o I—+ �„��, � 1-�-� � � p�j A� N, W c-f � �, � � i--� � • � rt I (D � '� O � � � Q1 01 � � W � O A� W W r�,� (�.� 0o W CD fi f--� � � �0 00 � � N d � A � . I �. I � 0 ~ ;' w w � � ~ � � 59 RANDOLPH AVENUE ,�CORPC:cATIOi� 859 Randolph Ave. �� ;� ~ w w � °` BA: THE SPOT BAR � ID#4602816 55102 � � � � ;' ~' ' Sal e Li quor T'rfr Appn 5937 1-31-84*' 0 0 � CO � � °o unday Liquor trfr Appn 5937 1-31-84* Trfr from Rand-Spot; Inc. & Robert C. Koehnen, Inc. ----- - ------- ---- C.F. 279867 2-23-83 Tfr 755 °v,° = v�+ � o � Sale Liquor 11246 1-31-85 � �� y � �� unday Liquor 11246 1-31-85 , � � �* � �*a � On Sale Liquor R1638�+ 1/31/86 � °- O n �� Sunday Liquor R1638� 1/31/86 a � �°cn° �� o' On Sale Liquor S00952 1-31-87 � � i° � � ' b Sunday LiQuor 500952 1-31-87 0 0 � � °' � � On Sale Liquor-C I 16384 1-31-88 b o o � � A Sunday Liquor 16384 1-31-88 �' -¢ � � H � � LI�UOR CARD #2 � O � �� n C� O � (] � � � M y � O � � 09 M e* N A C„1 - --- -_---- _ —t------ -----_ _ __ _- . ''� �n ru m-�a p co � GQ ►�s �1 e��r N • z �, �„�O� � M � � �, �* � � �; 859 RANDOLPH CORPORATION ' �59 Randolph Ave-55102 �' � o '"'�� W 4 A � �* • � • dba The Spot Bar ID# 4602816 � � c+C/]cn c* -�. Af tf �, ��,°_', �'.� � � �� On Sale Liquor-C 16384 `+ K �3 � � � �.�, � � � � � Sunday Liquor 16384 1-31-89 � 1-31-89 N a�� o�oFo�w� � On Sale Liquor (C) ; 16384 1-31-90 ��+ � � ��rn � Sunday Liquor 16384 1-31-90 �� :v :o cn � � N c� � �w� ^� vi � � LIQUOR CARD #1 vp � � N W . � � � N � � ~ � � � II � W w �,�„� �"r �"i 1'.�N I f~�,J J� I W W W W�p I W �„��a W� OWo u1 F-� N N fV � � � C � � �� ; � � � Page 2 of 2 1-31-83 - Western Surety Co. _ Bond #58050781 Exp. 1-31-84 . ., . : _ -. � � . _ 2-22-83 Appn trfr from Rand - Spot, Inc. & Robert C. Koehnen, - . _ Inc. i � .��?1 ; 1-31-84 Western Surety Co. Bond # 58050781 Exp. 1-31-85 4-3-89 ',iq. Lia. Colwnbia Cas. Co. #CCP 163 OS 41 Exp. 2-1-85 � I hereby certify that these two pages are t e � and exact copies of the records of the Lic �l/31/85 western surety Co. Bona. and Permit DiVision of the City of Saint P ul No. 7711 Exp. 1/31/86 for 859 Randolph Corporation DBA The Spot ar �l/31/85 Liq. Lia. Columbia Casualty at 859 Randolph Ave. C�. #CCP 16g 4028 Exp. 1/31/86 � 1'-30-86 tiVeStern Surety Company � � 58126199�', Exp• CONT � 1,-30-86 L�q Liab-Transcontinental � # CCP 06�1926, Exp. 1-31-87 Lirie �e � Permit Division 1-29-87 1�iq Liab-Transcontinental ! �� #CCP 16�2864, Exp. 1-31-88 � � BACK OFiLIQUOR CARD #2 � I ■ , ��'''��. NRijTINA L VAN HORN �� _��NOTARY "U�UC—MINNESOTA �� U�ikOiA COUNTY My Commission Expires Jan.2, 1992 f��111MNVVWV� x � _ � � �� . 11521 1-30-86 Western Surety Co Bond#58126199, Exp CONT 1-28-88 Liq I,iab -Transcontinental #CCP1662864, Exp 1-31-89 1-26r89 Liq. Lia.-Acceptance ' Indemnity Ins. Co. #IL35 05 9+{ � Exp. 1-31-90 ; B1ACK OF L IQUOR CAR.D #1 - I � : � � . � ' �' � �'/'�� n � t� � � � � � -� � i �� A:. � Y � �Y .� . Z � � � • �.. ; r n M i � � 3 $ �� 2 � � > �: ' � � z J � ;« � 0 o = � ' �� °u � � z ' » s � i Q �o F � M = u ` ►� 2 W V „i ( y J � tl U 3 �� x < 1 aD � _ ❑ < O = � � _ i N � = O M i � � 4 � � _'� O i u ~ � � � Y • • u F � y a ' . � � Y Y [ y � i c t u f i > 8 � �{� � � � 0 � a y Z y0 Y y O O � j d h � � J � � � F.� � � � I � 4 r � a � + Z F U N ..j Z F o o; � F J � °� u ' _�, R y = �, � � ; °G i ? ° � < , . ; a � . W U � � �: � � m � � o . ; ; o = � o � F-- z y o O _ o < ° i < .'�. ► V n • ,i � ��` j ` y p � / ` ' ° ; W ` � 1 ' o �� T � • � i ... �. . e 1 W ' u � � ` � c. i � � z 1 = ' ` O < �+ �- � W Y :\ O r=-:� a - . !� � „ � ; � u O •;�: . o � � i z � + I c � ta .—� _..1 F � � I � ) .� � !� ` U :, � � ' < � �`� .� � z i Y W .: W O y � V j �r �' � U .'�eZ .� = 3 a Z � � ° W � p • � �+ � �` � ;, +�.-'' • z m i � o ,;,�.r.. :. .. � \ � i p '° o � � � � � = W ' � Z a W z z 0� j � V � Y �' � � » � Z 3 • O '� n � O > 7 V S ! W � � �• y � 1A � � Z i t � u W .�� c Z � � � � � � a � �h m � r � � � o 0 r /� 0 L � J � u , m z m � ? Y � � � � ,. • , '� O tl.l� u+ y � � ` � � `� o i � � Y i � l• � • � -� i ip • � G� `- ' `- • Y , � O � � y L, � F = Z < � CG � .�. �z � � J 1 t � �. Q .. , +� r p � L J � � g � ,V v � Q u . . ' • f x f ' ': < � iY- p � . J � Q d a, T � � < O � � � J Y V [ F r Q f • , Y V O J I � � - ' O Q • i Z �.. f' f Y F ` _�. ' 'J' 2 Y q h• F \ . L L � < � � O U Y " J I Y : , o � � u ' ` u �Z � ' { ' t � � oti . < i > j � � � v � I � : „ � � < o . o i ! Q � � � � \; � a � � � • ; t � � � Q '• fJ � °u a Z i ` � `�� '� n I 2 a� . � - N < ., , , W ! .�� r? ,o � !+ �- . � \ - i U .. � ' r _, �_ I � � , � ' CI Y ATTORNEY ' ��J' ,,/ ,�'� � AD R E ACTION �' " �� ? �` L CENSE � • �hj �c�0 I Date: 3128/89 � a i RE: Spot Bar � 589-0016 The following is a list of similar e ses that may probe useful to you in reaching your decision on the case b fore you today. ; � Cit Council Name of ALJ S � Y Establishment Offense Recommendation Penalt Im osed � Arcade Bar illegal garn i g i hours of sa e 18 day susper�sion 11 day suspension violation (9 days: garnbl�ing (9 days : gamblin� 9 days: hours ;of sale 2 days : hours of vioi.ation 6-]i-88) sale violation _ 7/21/88) � ' Awada s Bar illegal gam li g N/A , 3 day suspension uncontested � 10-3-88 Dahir' s Bar ill.egal gam li g N/A � 3 day suspension uncontested 3-8-88 Easy Street West Bar illegal gam 1 ' g N/A ' 1 day suspension uncontested ' 12-16-88 Gabes By the Park illegal gam 1'ng N/A 3 day suspension uncontested ' 2-8-88 Grand Central illegal ga 1 ng 3 day suspen�sion 6 day suspension ' 8/25/88 *NOTE : City Council departed fr ecommendation b�cause the illegal gambling activities occurred on d ys , over a peric�d of 2 months . Licensee appealed decision to MN C urt of Appeals . � The City prevailed in this case on 3/27/89 . i � CI Y ATTORNEY � y � ADV R E ACTION � ' L CENSE Date: 3/28/89 -2- I RE: Spot Bar S89-0016 The following is a list of similar ca es that may pro�e useful to you in reaching your decision on the case be ore you today. � , Name of LJ' S ' City Council Establishment Offense ecommendation ' Penalt Im osed Mike' s Bar illegal gamb i N/A ' Official letter of uncontested reprimand condition: subsequent violations ' shall count as a ' second violation for ' purposes of deter- ' mining the presump- ' tive penalty. ' 1/5/89 Ricci' s Lounge illegal gam li g N/A ; 3 day suspension uncontested ' 1/24/89 Wallace' s West Side � Bar illegal gam li g N/A 3 day suspension uncontested � 9/20/88 Yannarelly' s Bar illegal gam li g N/A , 2 day suspension uncontested , 1/5/89 � I i ,,�., ,; ; C;f�'s EXhibi� �'''/ � �' `. >', " � {; ; �5 s� • •f � 340A.414 LIQU R A ' 7310 2' �� '� `: ., , �! ->� �! � � indicated on e ermit. The fee for the permit may not exceed$25. A city may not � .s i; , issue more t an n permits under this section in any one year. .� ` .� �� y History: 198 c 305 art 6 s 14; 1Sp1985 c 16 art 2 s 3 subd 1 � ; �; � � 340A.415 CE SE REVOCATION OR SUSPENSION. � �' �' ? The au orit issuing or approving any retail license or permit under this chapter :-� �'•� . shall either s spe d for up to 60 days or revoke the license or permit or impose a civil � f fine not to cee $2,000 for each violation! on a finding that the license or permit --� ' � holder has f iled to com 1 with an a licable statute rule or ordinance relat' -'t �; : P Y PP � � , ing to ;� : �: �� ; alcoholic be rag s. No suspension or revocation takes effect until the license or permit S holder has b en fforded an oppoRunity for,a hearing under sections 14.57 to 14.69 _z , ;. ; of the admi str ive procedure act. This section does not require a political subdivi- �' � { sion to cond ct t e hearing before an employee of the of�ice of administraiive hearing. � ` The issuing uth rity or the commissioner may impose the penalties provided in this :� �: : section on a,reta I licensee who knowingly sells alcoholic beverages to another retail ' ` licensee for he urpose of resale, or on a retail licensee who purchases alcoholic j' ! beverages fr m other retail licensee for the purpose of resale. � ��.�� : History: 198 c 248 s 70; 1985 c 30S art 6 s IS; 1985 c 309 s 11; ISp198S c 16 art � �?{� : 2 s 3 subd 1; ISp 986 c 3 art 1 s 42; 1987 c 152 art 1 s 1; 1987 c 310 s 12; 1988 c 534 � ��!; s 2 i;�' � . ' � _�: : . , � 340A.416 C OPTION ELECTION. � ��j` ; Subdivi ion 1. Petition. Upon receipt ef a petition signed by 30 percent of the � � �,. : persons vo ` g a the last city election or 2�0 registered voters residing in the city, �� i� . whichever is ess a statutory city or home rule charter city of the fourth ciass shall place -. � ;a before ihe v te of the city the question of whether the city will issue intoxicating : � �' ` : liquor licens s. � .:� � �� ! Subd. 2 B ot question. The question pf the referendum under this section must � ! be on a sepa te allot and must allow the voters to vote either"for license"or"against �� j s � license." -� s._, � ?� � Subd. ffect of election results. Tf a majority of persons voting on the r�;; referendum ue ion the vote "against license" the city may not issue intoxicating - E f':: ` liquor licen s u til the results of the referendum have been reversed at a subsequent � �r ; ; election wh e t e question has been submiYted as provided in this section. , ?} ; Subd. ertification to secretary of state. The clerk or recorder must certif y `! I results of a fer ndum held under this sectia'n to the secretary of state within ten days - � �� :1 V � -� � of the electi n. . � :-. :{ i Subd. hallenge of election. Wher'e the results of a referendum under this ` x � i � section are hal enged by any voter, the county attomey of the county where the � ' ! election wa 'hel must a , ppear in defense of the validity of the election. � . 4 j : Histo 19 c 305 art 6 s 16 ' . ; � � � , � F ' i ' RETAIL SALES R'EGULATIONS ` i � i � 340A.501 S ONSIBILTTY OF LICENa�'EE. ` � Every 1' ens e is responsible for the conduct in the licensed establishment and any � � �; � sale of alco ' lic everage by any employee au�thorized to sell alcoholic beverages in the ! establishme t is e act of the licensee for thQ purposes of all provisions of this chapter except secti ns 40A.701, 340A.702, and 340A.703. ;. ; ; ± Histo 19 5 c 305 art 7 s I; 1987 c ISl art 1 s 1;art 2 s 2 ` �� ii 340A.502 AL S TO OBVIOUSLY INT(�XICATED PERSONS. � � i i No per on ay sell, give, furnish, or i� any way procure for another alcoholic ` .; � ; 1 beverages f r th use of an obviously intoxiFated person. , ; i ; Histo 19 S c 305 art 7 s 2 i ! � '� � . . , � j ; , , i � � � 311 ADMINISTRATIVE PROCEDUR�14.60 , I � fer from state agencies, such employees as the om issioner deems necessary�to the � state office of administrative hearings. Such a tio shall include the transfer mf any '; � r state employee currently employed as an ad nis ative law judge, if the em�loyee F-{; ; quali5es under sections 14.48 to 14.56. � '; �; + History: 1975 c 380 s 16;1977 c 443 s 9,10,• 98 c 509 s 2;1980 c 61 S s 26-3�;1981 '''' � _' � c 346 s 2-6; ISp1981 c 4 art 4 s 40; 1982 c 424 13 ; 1984 c S44 s 89; 1984 c 64p s 32; ;,, � 1986 c 444 ,� �: f I PROCEDURE FOR CO T TED CASE ��' f ' 14.57 INITIATION; DECISION. �� An agency shall initiate a contested case oc ding when one is required by law. ; }F : Unless otherwise provided by law, an agenc sh 11 decide a contested case bnly in � "=' ' accordance with the contested case procedure of he administrative proceduiie act. :'; ` a; . History: 1957 c 806 s 8; 1976 c 68 s 3; 19 0 c 1 S s 14; 1982 c 424 s 130 ; � '�' , •�i x� 14.58 NOTICE AND HEARING. ; i In any contested case all parties shall be or ed an opportunity for hearing after . reasonable notice. The notice shall state the t e, lace and issues involved,b�t if,by � �� reason of the nature of the case, the issues nn t be fully stated in advanc� of the ?� hearing,or if subsequent amendment of the is es necessary,they shall be ful�y stated ?� as soon as practicable,and opportunity shall a rded all parties to present�vidence � and argument with respect thereto. Prior to sig ment of a case to an admin�strative `z s "_ law judge as provided by sections 14.48 to 14.5 , all papers shall be filed 1Yvith the �;� - a enc . Subse uent to assi nment of the case the :, �� g Y 9 S gency shall certify the offici�l record r' � to the office of administrative hearings,and t re ter,all papers shall be filed with that V o�'ice. The office of administrative hearing sha 1 maintain the official record which �� .� shall include subsequent filings,testimony an ex ibits. All filings are deemed effective � �. upon receipt. The record shall contain a 't n transcript of the hearin� only if � * ::� preparation of a transcript is requested by th ag cy,a party,or the chief administra- %'�� '' tive law judge. The agency or party requ stin a transcript shall bear the cost of ;;a ��: ;;;: preparation. When the chief administrati e la judge requests preparation of the � "` transcript,the agency shall bear the cost of p pa tion. Upon issuance of the adminis- R�:': ��' trative law judge's report, the official recor sh be certified to the agency.; �t ;�_}` History: 1957 c 806 s 8;1976 c 68 s 3;1 0 c 1 S s 14;1982 c 424 s 130;1�84 c 640 s 32 r�° �:s 14.59 INFORMAL DISPOSITION. S �- Informal disposition may also be made f a contested case by stipulation,agreed ° �;": settlement, consent order or default. �: 3 ,.; History: 1957 c 806 s 8; 1976 c 68 s 3; 98 c 615 s 14; 1982 c 424 s 130 ,u; � "�'' 14.60 EVIDENCE IN CONTESTED C E EARINGS. . E :a� Subdivision 1. Admissibility. In co tes d cases agencies may adm�ti and give �` probative effect to evidence which posses s p obative value commonly aCcepted by : � R. reasonable prudent persons in the conduct f t ir affairs. They shall give effect to the ': ; �" rules of privilege recognized by law. T ey ay exclude incompetent, �irrelevant, '- � �' immaterial and repetitious evidence. ; ` � �` Subd. 2. Made part of record. All vid ce, including records and {iocuments , {� � �,; containing information classified by law a not public, in the possession of;the a genc y f ` a �;; of which it desires to avail itself or whi is offered into evidence by a i party to a ' S �: - �:: contested case proceeding, shall be made pa of the hearing record of th,�case. No �j factual information or evidence shall be ns' ered in the determination�of the case � ; '; unless it is part of the record. Document ry e idence may be received in the form of ::� copies or excerpts,or by incorporation by efer nce. When the hearing recard contains � � f' � '�:. � j . 14.60 ADMINIS VE PROCEDURE g12 . . . . mf ormation hi h is not ublic the admi listrative law 'ud e r P , r� � g o the agency may �� conduct a cl ed earing to discuss the inforn�ation,issue necessary protective orders, ,•� and seal all r p of the hearing record. � ` � Subd. 3 C oss-examination of witness�s. Every party or agency shall have the �• � �!� right of cros ex ination of witnesses who T,estify,and shall have the right to submit °'�` : '� rebuttal evi nc . ��: ` �� Subd. O cial norice. Agencies ma�take notice of judicially cognizable facts �'� `: � and in addi ion ay take notice of general technical or scientific facts within their T� ' � �? specialized o ledge. Parties shall be nocified in writing either before or during �� ! hearing,or re erence in preliminary reports or otherwise,or by oral statement in the ;�;-; � record,of t m terial so noticed,and they shall be afforded an opportunity to contest �'_ - ! the facts so oti ed. Agencies may utilize th�ir experience,technical competence,and �� ; ? ! specialized no ledge in the evaluation of t�e evidence in the hearing record. ` `,�' . ;� � Histo 19 7 c 806 s 9,• 1980 c 615 s I.S-17,• 1982 c 424 s 130,• 1984 c 640 s 32 r ` '; 14.61 AG N DECISION IN CONTESTED CASE. � i' In all nte ted cases the decision of the officials of the agency who are to render ° ' : + the final de isio shall not be made until th�report of the administrative law judge as ; ' ' required b sec ons 14.48 to 14.56,has beeri made available to parties to the proceed- �� ing for at 1 ast n days and an opportunity has been afforded to each party adversely #��;i; � •� I affected to le xceptions and present argument to a majority of the officials who are }� � to render e d cision. _� ; r?.i -� �a :; Histo : 1 S7 c 806 s 10; 1975 c 380 s'7,• 1982 c 424 s 130; 1984 c 640 s 32 $ ` �`�` � 14.62 DE IS ONS, ORDERS. - �� ' ��; :� �; `i ' Subdi isi 1. WriNng required. Every decision and order rendered by an agency ,�; �; ; �,s; {� �� in a conte ted ase shall be in writing, shall be based on the record and shall include .-r,.._: Ji4�r';'� � .�� . , the agenc s fi dings of fact and conclusipns on all material issues. A copy of the �' !«�'�' decision d der shall be served u on e�ch art or the art 's re resentative and P P Y P Y P � 1'a�`� ' the admi str ive law judge by first class inail. �` 4;� ' Subd 2. ailure to make decision. Unless otherwise provided by law,if an agency ��' �'•��` fails to r nde a decision and order in a contested case within 90 days after the �- >:�' �r 's.,: submissi of e final administrative law judge report and subsequent exceptions and ,�:4;, �;iE. argument un er section 14.61,if any, any party may petition the court of appeals for ��i ,!�:.:., an order eq ring the agency to render � decision and order on the contested case �p� :'; � within su h ti e as the court determines to be appropriate. The order shall be issued ;s�.� !��; unless th ag cy shows that further delay is reasonable. �� y Sub 3. Awazd of fees and other expenses. Fees and expenses must be awarded � ;�:'" as provi d i sections 3.761 to 3.765. ��:; :� `; �; Hist ry: 957 c 806 s 11; 1980 c 615 s 18; 1982 c 424 s 130; 1983 c 247 s 8; 1984 - ':i ,� c 640 s 3 ; 1 86 c 377 s 6; 1986 c 444 J ICIAL REVIEW OF A CONTESTED CASE DECISION =�� f �` 14.63 P ICATION. `' ' An 'per on aggrieved by a final decision in a contested case is entitled to judicial review th decision under the provisions of sections 14.63 to 14.68, but nothing in ; sections 14. 3 to 14.68 shall be deemed to prevent resort to other means of review, �' redress, eli , or trial de novo provided by law. A petition for a writ of certiorari by an aggri ved person for judicial review urider sections 14.63 to 14.68 must be filed with the cou of ppeals and served on the agency not more than 30 days after the party receive the nal decision and order of the agency. Hi ory 1963 c 809 s 1;1965 c 698 s 3;Ex1967 c 1 s 6;1969 c 567 s 3; 1969 c 1129 art 2 s ; 19 1 c 2S s 67,• 1973 c 254 s 3;,1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s � i r I �k . . I��I ' , ; ? 313 AD INI TRATIVE PROCEDURE 14.67 j� } � r 78; 1977 c 30�s 29; 1977 c 430 s 25 subd 1; 1978 c 674 60 1980 c 615 s 19-ZI; 1982 , +� ,�• c 424 s 130,• 1983 c 247 s 9 � � . � �; 14.64 PETTI'ION; SERVICE. �; , Proceedings for review under sections 14.63 to 14.6 sh Il be ins ' F� � ;x: a petition for a writ of certioran tituted by serving I personally or by certi ed ail upon the agency and � � by promptly filing the proof of service in the office of t e cl rk of the appellate courts � � ' � and the matter shall proceed in the manner provided y t e rules of civil a procedure. ppellate ' �: ' #i - If a request for reconsideration is made within ten d ys a ter the decision and order of the agency,the 30-day period provided in section 14 63 all not begin to run until ` �� service of the order finally disposing of the application for econsideration. Nothing ��,: herein shall be construed as requiring that an applicati n f r reconsideration be filed - " ' with and disposed of by the agency as a prerequisite o t e institution of a review ' ` �` , *. proceeding under sections 14.63 to 14.68. ; f: . Copies of the writ shall be served, personally or by cert fied mail, upon all parties ; ' t;_� t� to the proceeding before the agency in the proceeding i w ich the order sought to be reviewed was made. For the purpose of service,the ag nc upon request shall c � ` '-� t o t h e p e t i t i o n e r t h e n a m e s a n d a d d r e sses o f a l l parties s di closed by its records e The :t� agency's certification shall be conclusive. The agency a d a parties to the proceeding � ' r"' before it shall have the right to participate in the procee ing for review. A copy of the � ;:'�� petition shall be provided to the attomey general at th ti e of service of the parties. � ;';E History: 1963 c 809 s 1;1965 c 698 s 3;Ex1967 c 1 6; 969 c 567 s 3; 1969 c 1129 :��; art 2 s 1; 1971 c 25 s 67,• 1973 c 254 s 3; 1975 c 271 s 19 S c 359 s 23; 1976 c 134 s =�t 78,•1977 c 307 s 29,• 1977 c 430 s 25 subd l; 1978 c 67 ,s 6 ; 1980 c 61 S s 19-21; 1982 ;�` c 424 s 130,• 1 9 8 3 c 2 4 7 s 1 0 -� r� 14.65 STAY OF DECISION; STAY OF OTHER E ,�; � The filing of the writ of certiorari shall not sta he nforc �� decision;but the agency may do so,or the court of a Y ement of the agency terms as it deems proper. When review of or an a als ay order a stay upon such ' �� commenced under sections 14.63 to 14.68 in the court o p e ls,any other later a on is ..� under sections 14.63 to 14.68 from the final decision in olv ng the same subject atter � shall be stayed until final decision of the first appeal. � History: 1963 c 809 s 1;1965 c 698 s 3,•Ex1967 c I 6,• 969 c 567 s 3;1969 c 1129 f� art2sl; 1971c25s67,• 1973c254s3; 1975c171s ; 1 Sc�59s23; 1976c134s , � 78,• 1977 c 307 s 29,• 1977 c 430 s 25 subd 1; 1978 c 67 s 6 ; 1980 c 61 S s 19-21; 1982 1� c 424 s 130,- 1983 c 247 s 11 � 14.66 TRANSM >�� ITTAL OF RECORD. }3 Within 30 days after service of the writ of certio ari, r within any further time : �� as the court allows, the agency shall transmit to the r vie in court the ori inal or a certified copy of the entire record of the proceeding de review. By stipulation of � all parties to the review proceeding,the record may be s ort ned. An ��• < bly refusing to stipulate to limit the record may be taxe by he court for he add tional ' `� � � costs. The court may require or permit subsequent orr ctions or additions to the '� ( record when deemed desirable. `�` fF� History: 1963 c 809 s 1;1965 c 698 s 3;Ex1967 c s 6;1969 c 567 s 3;1969 c 1129 �: + art 2 s 1; 1971 c 25 s 67,• 1973 c 254 s.�; 1975 c 271 s ; 1 75 c jS9 s 23; 1976 c 134 s , �s 78,• 1977 c 307 s 29,• 1977 c 430 s 25 subd 1; 1978 c 6 s ; 1980 c 61S s 19-21; 1982' �. ;. ,. c 424 s 130,• 1983 c 247 s 12 �' ; 14.67 NEW EVIDENCE, HEARING BY AGENCY ;: f If, before the date set for hearin a lication is ad to the court of a i}, u� leave to present additional evidencegonphe issues in he ase, and it is shown tos he' �. .}L 1 (: f � � � �✓ � _ //��. � i 14.67 ADMINI PROCEDURE � 314 i satisfaction of t e court that the additional evidence is material and that there were ? , good reaso fo failure to present it in the preceeding before the agency,the court may order that t e a ditional evidence be taken before the agency upon such conditions as the court d em proper. The agency may rrxodify its findings and decision by reason of the addi on evidence and shall file witH the reviewing court,to become a part of the record, he ditional evidence,together with any modifications or new findings or decision. �� =E�, Histo : 19 3 c 809 s l;1965 c 698 s 3;Ex1967 c 1 s 6;1969 c 567 s 3;1969 c 1129 art2sl; 1 71 25s67,• 197�c254s3,• 1975c271s6; 1975c359s23; 1976c134s 78,• 1977 c 07 29,• 1977 c 430 s 25 subd 1;1978 c 674 s 60,• 1980 c 615 s 19-21; 1982 c424s13 19 �c247s13 14.68 PR URE ON REVIEW, The re ie shall be confined to the recotd,except that in cases of alleged irregulari- ties in pro edu e, not shown in the record, the court of appeals may transfer the case to the dist 'ct ourt for the county in which the agency has its principal oflice or the county in hi the contested case hearing was held. The district court shall have jurisdictio to ake testimony and to hear and determine the alleged inegularities in procedure, Ap eal from the district court determination may be taken to the court of ',; appeals as in o her civil cases. ' Histo : 1 63 c 809 s l;1965 c 698 s 3;Ex1967 c 1 s 6,•1969 c S67 s 3;1969 c 1129 „i art 2 s 1; 971 25 s 67,• 197.�c 2S4 s 3; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s >x ' 78,' 1977 c 307 29,• 1977 c 4�0 s 25 subd 1; 1978 c 674 s 60,• 1980 c 61S s 19-21; 1982 �� c 424 s 1� ; 1 3 c 247 s 14 14.69 S P OF JUDICIAL REVIEW. `;�= In a j dici 1 review under sections 14.63 to 14.68,the court may aflirm the decision ' of the age cy r remand the case for further proceedings;or it may reverse or modify � the decis' n ' the substantial rights of the petitioners may have been prejudiced �.';'! because t e a ministrative finding, infereMCes, conclusion, or decisions are: ��r; (a) I vi ation of constitutional provisions; or ��-: (b) I ex ess of the statutory authority or jurisdiction of the agency; or s�, (c) ade upon unlawful procedure; or �� (d) ffec ed by other error of law; or R� (e) nsu poRed by substantial evidence in view of the � � or entire record as submitted; � � , (fl bit ry or capricious. � 1_ � Hist ry: 963 c 809 s 2; 1980 c 61S s 22,• 1982 c 424 s 1�0 :� � : 14J0 [R pealed, 1983 c 247 s 219] E "' � p'i � � 1` �. i, i �:, S rt'ty�„�- i�. ' s � i � I ,� �_ ,, �> � � � � Administra ive Hearing po Bar Apr' 1 , 1989 This is the matter of Ci y of St. Paul , regarding the Spot $ar, 859 Randolph, St P ul , Minnesota , �ursuant to notice of hearing original y ated February 2� , 1989 , and signed by Philip E. Byrne , A sistant City Attprney for the City of Saint Paul . My na e is Frank Levin. I am the Administrative Law Judge o�f he Minnesota Off�ce of , Administrative Hearing . I w uld appreciate i�t if we could '� begin with the City and t at you note your appearances and then (unintelligible) right here . � Philip B. Byrne: Th nk you, your honor � My name is Philip Byrne, B-Y-R-N-E, ssistant City Atto�ney . I represent the City Licens ivision in this matter , and with me this morning is Sergea t Rick Klein, K-L-E-I-N, a sergeant with the St . Pau olice Vice Unit, and he will be the only witness we have t this matter . I Terrance S . 0'Toole: am Terrance S. 0 'Toole . I represent the Spot Bar . I m accompanied by the president of the corporation that un the Spot Bar , Michael 0'Toole. I Whether or not I am goin t call any witnesses , a witness or witnesses , depends on w t I hear . i I (exchan e between J d e Levin and Mr. 0 'Toole) And I don't know whether the n t re of the corporate entity is important - - but I mig ay in the exhibits that the City Attorney is go 'ng to have to intro�duce the corporate inspector' s c rd with this corporate record on it and I think Mr . Michael 0 ' oole is an officer employee who. Judqe Levin: Than y u very much. � Terrance S . 0'Tool : And I might say that I have no objection to the City ' s E hibits 1 through; 7 . Judge Levin: Tha k ou, Mr . 0'Toole, and let me again apologize to everyone or the delay in commencing. I simply forgot to pick up the ap recorder . All right , Mr . By ne , can you, uh, dq you think it might be helpful to ha e ome sort of a b�ief opening statement, or do you j s want to go aheac� and begin with the testimony of Serge n Klein: Mr . B rne: I ' ll 'u t ive a brief overview and then Y ) J what I 'll do first, y ur honor, is to introduce the � exhibits , and I appre ia e Mr . 0 'Toole' s courtesy in that regard . This matter ho ld be a fairly simple matter . The charge involves a mat er of an allegatio� of gambling in an on-sale liquor licens e tablishment . One witness observes that he went into the b r, saw what he saw, and will relate I j 1 I , officer is Michael K. 0'Tool , ho is here in the room today. These cards show tha v lid through Janu,ary of 1990, the Spot Bar has an on-sale iq or license, Sunday on-sale liquor license, an off-sale al license, and a ;restaurant license . City' s Exhibit 5 is a c py of Sergeant Klein' s report. City' s Exhibit 6 is som t ing that the paralegal in our office has prepared for use y the administrative law judge and for Mr . 0'Toole ' s use, i d' cating what the Council has done in similar cases in the p st. Granted there may be factual differences , and I u d hope to , if I can, to the extent after the evidence i r ceived , I would be glad to speak of each of these and al about the factual differences that I am aware of I do know that the Council may have recollections of w at they have done in the past , so this at least will be of so e use for the parties . Finally, City' s Exhibi 7 is five pages of Minnesota Statutes, the first one bei g innesota Statutes 340A.415, which is the provision whic quires us, if we are going to do a license revocation or u ension or proceed against a license to do it through pr c dures for a hearing under the Administrative Procedure Ac , and the City of course has gone beyond that and provid d for the full panpply of protections, using administ a ive law judges . Attached to it are just the statutes , a ter 14 of the Mi�nesota Statutes , relating to cont st d case procedure�s . I introduce that only becaus t ere was at least' a thought earlier in my mind that th re might be a question raised as to whether or not this was th proper forum and proper procedures were being used b t I think it 's clear to me at least that the City is fol ow'ng maybe 110% of the procedural requirements th t xist . And with that I 'd be r pared to call Sergeant Rlein. Judge Levin: (uni t lligible) Sergeant Klein was t n sworn by the Administrative Law Judge . EXAMINATION of Serge nt Klein: By Mr . Byrne: Q Sergeant Klein, woul y u state your name and spell your last name for t e ecord? A Richard L. Klein, K- - -I-N. � Q And you are employed a a police officer by the City of St. Paul . � 3 A Yes, I am. Q And how long have you ee employed by the City of St. Paul as a police offic r? A Nine years. Q And in the vice unit, o long have you bieen assigned to that? A One year in the vice ni as a sergeant. � Q O.K. What ' s your cur e t assignment or area of specialization in the v' ce unit? A I specialize in gamb in . Q And you 've been doin t at for most of �he last year, or . . A That ' s correct. Q Did you have occasi n December 19th of last year - it looks like from e report it was a Monday night - to go into the Spot Ba at about one-thirty in the afternoon while you we e on duty? A Yes, I did. Q O.K. Could you exp a' n to the adminis�trative law judge how you came to go in o that particular bar and what was involved in wo k hat afternoon? A Part of the duties of the vice unit are to make premise checks at the vari us license establi�hments within the city. That partic 1 r day I was out �.n the southwest area of the city, r a designated as southwest by the Police Department, m king premise checks on the various bars. My stoppin a the Spot Bar was merely a chance stopping. Q And were you in u if rm or in plain Clothes? A No, I was in plai lothes . Q Did you go into t e bar? A Yes, I did. Q And what did you do when you went in? A I went in the ba , and as I entered! the bar I noticed there was a grou f people on the �orth end of the bar. Whenever e e is a collection of people about, it generally in ic tes to me there is some kind of 4 ��~ �� activity going on, and I ecided to have � seat at the bar and determine what k' d of activity w�s going on. Q What did you see? A I observed that they r playing cards a� the north end of the bar. Ther w s eight to ten wihite males on the customer side of e bar, there was a,� white female working behind the ba . All eight of the'se people and the female bartender er engaged in som� sort of card game. Q How long did you obse ve what they were doing? A Approximately 20 minu e . I observed at least four hands of this card ga e in which money passed back and forth, and on one occ s ' on the bartender came down, made change and broug t it back to the card game. Q Do you know what kin o card game it was? A No, I didn 't. I was se ted at the south end of the bar, and it wasn't c os enough to determine what kind of game they were pl yi g. Q How could you tell t a money was being passed in relation to the card g e? A After the hand would b done, different people would collect the money t t was laying on the bar. Q Different people wo ld collect it and take it for themselves? A That ' s correct, and pu it in their pocket. At the beginning of the ne t and money would come out onto the bar again and b p aced up as an ante or whatever it may be. Q Different people wo ands? A That ' s correct. Q And was the barten er participating in the game? A Yes, she was. The ga e was held up at least on two occasions as she h d o tend to business and pour drinks or get beer f r individual people at the bar. Q Did you order a dr n ? A Yes, I did. I had a beer while I was; at the bar. Q Did you make any a r sts or advise an,ybody of the fact that you were a p li e officer and wh'at those 5 - i ` ' � � � .-. � -'� ._ �',i � � activities were? I ; � A No, I did not . � Q You left the bar and fille out a report an!d submitted it? i I A That' s correct . ' Q And that ' s - is there a�}yt ing further witY} respect to any observations of anyiil egal activities ,in the bar at that time? � � A None . No others . I , Q I have no further quest�o s . By Mr. 0 'Toole: I � Q How long is that bar? j � A How many feet , sir? j Q Yeah. � (Pause) A Twenty feet , twenty-fi�e eet . At the enc� I believe it might have been curved or cornered at the north end . Q So that these people , h, you were sittin� at the bar with people in betweeniyo and the group at the end of the bar? A There was one person i tween, there was another individual at my right s ' de . Q You said that there we e fifteen to twenty persons in the bar . Where were t e rest of the people? A They were crowded arou�d watching the card game behind those eight to ten peo 1 that were playing the game . Q There were fifteen toltw nty people down at the other end of the bar . A There was about twelv t fourteen, fifteen tops , � people . When I first en ered the bar there was a gentleman seated to m 1 ft and a gentleman seated to my right . Q But you don't know wh�.t ame they were playing? A No. 6