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89-1711 WHITE - CITV CLERK COl1IIC1I PINK - FINANCE G I TY OF A I NT PAU L / CANARV - DEPARTMENT BI.UE - MAVOR File �0• '�,�` - City Attny/PBB • • r� Council esolution � Presented By Referred To Committee: Date Out of Committee By Date RESOLVED that the On-Sale 1 quor, On-Sale Sunday liquor, Off-Sale Malt liquor, and Restau ant licenses , and any other licenses held by Cusick' s Inc . , ba Reaney' s Bar, Michael J . Reaney, Jr. , President for the p emises at 870 Payne in Saint Paul are hereby suspended for a eriod of _� consecutive days , commencing on the second S raday following publication of this resolution. This resolution and action taken herein are based on the record of the proceedings befor the Administrative Law Judge, the documents and the exhibits 'ntroduced therein, the testimony offered by and on behalf of the licensee at the Council Hearing on September 21, 1989, and the eliberations of the Council in open session. The Council adop s the findings of facts and conclusions of law of the Admin strative Law Judge contained in his report dated August 30, 989 . The action taken herein is also based on the fact that his represents a second appear- ance for the licensee, as evide ced by Council File F9-845 in which a 5 (five) day suspension was imposed for the sale to a minor (3 days) and for anoff sa e violation (2 days) . A copy of this Resolution s adopted shall be sent by first class mail to the Administrati Law Judge and to the license- holder . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng � [n Favo Goswitz Rettmaqf� Scheibel � __ A gai n s t BY Sonnen � �P 2 f 1989 Form Approved by City Attorney Adopted by Council: Date • , Certified P� sed by Counc'}1 Secretar B3' � �� r, 2 ��".�;,, �. � , �%�'�— sy - Appr b Mavor: Date �P � �9 Approved by Mayor for Submission to Council By By PUBIlSIfD S�P � a �9a �� `� DEPARTMENT/OFFI�JOOUNqI � DATE INITtATED City Attorney: 9-$-89 ' REEN SHEET No. 16 3 7 CONTACT PERSOt�I 3 PHONE PARTM@NT DIRECTOR INITIAU DATE �-7 CITY COUNqL INITIAL/DATE LJ h i 1 i B rn e 2 9 8-5121 �� ATT�N�' m CftY CLERK MUBT BE ON COUNGI AQENDA BY(DAT� ROUTINO � UD(iET OIRECTOR �fIN.d Mf3T.SERVICES DIR. 9-21-8 9 f o r Pub 1 i c He ar in MAYOR(OR AS818TAN'n ❑ TOTAL#�OF SIGNATURE PAGES 1 (CLIP ALL OC TIONS FOR SIQNATURE� A REQUE8TED: Public Hearing on the Report of �he ALJ in �.�. contested license-adverse action. RECOMMENDATIONS:Approve W a Reject(F� COUN L MMI77EE/RESEARCH REPORT OPTIONAL ANALY PHONE NO. _PLANNINO COMMISSION _GVIL SERVICE COMMISSION _qB OOMMITTEE _ �MMENT : _STAFF - _D�S'TRICT COURT _ SUPPORTS WHICH COUNqL OBJECTIVE? INITIATINO PROBLEM,ISBUE,OPPORTUNITY(Wlw,What,When,Whsre,Wh�: � � SEP a �989 ADVANTAQES IF APPROVED: JAMES SCHEIBEL' DISADVANTA(�IES IF APPROVED: DISADVANTA�ES IF NOT APPROVED: TOTAL AMOUNT OF TRANSA,CTI = 0 COST/REVENUE BUDOETED(CIRCLE ONEj YES NO FUNDING 8WRCE ACTIVITY NUMBEii FlWANWLL iNFORMATION:(EXRI.AII� ; . � NOTE: COMP�ETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONA� • MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: 8elow are preferred routings for the five most frequent types of documents: CONTRACTS (assumes authorized COUNqL RESOLUTION (Amend, Bdgts./ budget exists) Accept.Cirants) 1. Outside A�ncy 1. DepaRmeM Director 2. Initiating Department 2. Budget Director 3. City Attomey 3. City Attomey 4. Mayor 4. Mayor/Assistant 5. Flnance&Mgmt Svcs. Director 5. City Council 6. Finance Accounting 6. Chief AccouMant, Fln&Mgmt Svcs. ADMiNISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Manager t. Initiating Department Director 2. Department Accountant 2. City Attorney 3. Department Dlrector 3. MayodAssistant 4. Budget Director 4. Ciry Council _ 5. Ciry Gerk 6. Chief Accountant, Fin&Mgmt Svcs. ADMINISTRATIVE ORQ�R�# � (aW others) 1. Initiating Depa�� s �'�;'� 2. Ciry Attorney �F;,, . � '�}-' ° 3. Mayor/Assistant 4. City Clerk � � ' TOTAL NUMBER OF$IGNATURE PAGES indicate the!�of pages on which signatures are required and paperclip each of these pages. ; � ' �- ACTION REGIUESTED Describe what the projecUrequest seeks to accomplish in either chronologi- cel oMer or order of importance,wh�hever is most appropriate for the issue. Do not write complete seMe�. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the iss�e in question haa been presented before any body, public or p�ivate. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your proJecVrequ�t supports by listing the key word(s)(HOUSING, RECREATION, NEICiHBORHOODS, ECANOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONA�MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REGIUESTED BY COUNCIL INITIATIN(i PROBLEM, ISSUE,OPPORTUNITY Explain the situation or cbnditions that created a need for your project or request. ADVANTAGES IF APPROVED indicate whether this is simply an annual budget procedure required by law/ charter or whether there are speciNc ways in which the Gty of Saint Paul and its citizens will benefit from this projecUactlon. DISADVANTA(3ES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce N R is passed(e.g.,traffic delays, noi�, tax increases or aseessments)?To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What wili be the negative consequences if the promised action is not approved7 Inability to deliver aervice?Continued high traffic, noise, accident rate? Loss of revenue� FINANCIAL IMPACT � AKhough you must taibr the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost7 Who is going to pay? n ,snm'n'e�. /v' � ��.�..�.;�;. � C��/�// .��ta,�eo��o�.. �a :� `6�. :� �: =- _ � •� : pi�rtF] f�t�,�,i�44 � ��)ilIIIIIIIII�'" STATE F M I N N ESOTA RECEIVED OFFICE OF A MINISTRATIVE HEARINGS S�p 0'� 1989 FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 F RTH AVENUE SOUTH CI 1 Y CL�� MINNEA OLIS,MINNESOTA 55415 (612)341-7600 Sep mber 6, 1989 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul , Minnesota 55102 In the Matter of the Liquor License of Cusick' s, Inc. , d/b/a Rean ' s Bar OAH Docket No. 64-2101-347 -6 Dear Mr. Olson: Enclosed please find the o iginal Findings of Fact, Conclusions and Recommendation in the above-entit ed matter. I also enclose the official record, and I am closing our file in this matter. Sincerely, �� ' � Louise C. Cooper Office of Administrative Hearings enclosure AN EQU L OPPORTUNITY EMPLOYER � ' �� • • �� /��! �.�� h4-2.101-3479-6 STATE F MINNFSOTA REC�IVED nFFICF, nF' AnMI ISTRATIVE HEARINGS s�P o'� 1989 FOR THF CITY OF ST. PAjJL, MINNESOTA CI`�Y �L�RK In the Matler of Lhe Li�uor FINDINGS OF �FACT.� License o£ Cusick' s , Inc: . , , , ANll d/h/a Reai�ey ' � Iiar The above-enli_tled matt- r came oi1 for hearing before AdministraLive Law .Iudge Fratk W. Levin at 9:00 a.m. on May $, l.'�1�9. The record closed upo suhmission of Petit'ioner ' s post- near-i.ng exhibiL on May 11 , 1 89. Philip B. Byrne , Assisl nL City ACtoriley, City of St. Paul , 647 Ci_Ly Hall , St. Paul , Mirn esota 551�2, appeared oi1 behalf of PE>ti�ioner. Michael J. Rean y, Jr. , 87� Payne Avenue, SL' . Paul , h1N 5�.101 , appeared on hehal � of Cusick' s , Inc. , d/b/a Reaney' s "�ar. This Report is a recomm ndation, not a final decision. The St . Pa�il City Council will m ke the £in� decision afte.r a review of the record which may adop , rejecr or modify the Findings of �'ati:l , Cc�nclusions , and Recom endations z-nntained herein. Pursuant �o i�1ini�. Stat . section 14. 61 the £inal decision of the Council shal.l not be made u�ltil this Report has been made available to ti�r_ par.�ties to the �roceedi.n for at least ten days. An o�portunity ;n�st bc� afforded to each par y adversely affected by Chis Report �:.o fi.lc� exceptiotts and prese � argumenC to the Council . Parties �;hc�t�l:i contact Alhert R. Ols n, City Clerk, Sr. Paul City Council , '�Hti City Hall , St . Paul , Mii Zesota 55102, to ascertain L'he nz�c�c�cl«re for fili_t�g excenti tts or presenting argument. STATFM T OF ISSUES '�'he issues in �his nro ePding are whether Michael J. Reaney, .�r�. , CuSick' s , Inc. , or the manager and employees of Reaney' s Har �ermitted dice and oLhe gambling devices on the licensed Premi.ses or permitled gambl 'ng on the licensed premises in violation of the St . Paul L gislative Code, section 409.08(6) ; and, i_f so, whether respond nt ' s li�uor license should be revoked, subje�t Lo fine, or susPend d; and if suspended, for what period of t i_m:� . Based upon all the pro eediilgs herein, the Administrative Law .ludge makes the followi g: , �'�`/�'�! FIND NGS OF FACT 1 . Michael .J. Rea��ey, Jr. , is the principal shareholder anci of_ficer of Cusick' s , In . , cioing business as Reaney' s Bar. The corporatioil operales a iquor establishment at 870 Payne Avei�ue, S� . Paul � M111T1P_SOL�I. nuring 1989 the corporation had a11 0�1 Sale l.iquor(C) , a Sun ay Lic{uor, a Restaurant(A) and an Off Sale Mall li_ceiise. Thc� licenses expire un January 31 , 1990. 2. Lai-ry Rogers is a St . Paul �olice officer who was work- i.ng un�iercover in late 198�i - i1d early 1989. During this time �ffic�r Rogers was i.» Reane ' s Rar ap�roximately four times per week i.n a p�riod of six monL s . 3. Sgt. Rick Klein is employed by the St. Paul Police DepdrtmenC. As of the daLe f the ilearing, he had been so employed for ap�roximately I1' ne years and had been assigned to Lhe Vice Unit for aPproximat ly one ai�d one-half years . Sgt. Klein specialized in the invesLi�a ion of gamhling offenses. 4. nuring his visits �o Reaney ' s Bar, Officer Rogers observed that Chere were two Joker Poker video poker machines located on the wesl wall of he establishment. On numerous occasions Officer Rogers obs rved patrons insert money into one of the machi�es and play unt 1 reaching a minimum of 100 points . iJpon wim�ing this number of oints , the pal'ron would noCify the bartender on duty. The bart nder would proceed to the west end of the bar, IP_FiCfl uncler the ar ai�cl manipulate a switch or device which would "ulear" Lhe mach »e. The harCPnder would also fill out a slip of paper from a p o located nexl to the till , place lhe �iece of_ paper ii1 the Li 1 and pay Lhe customer from �he till . 5. On Jativary 27 , 19A , Officer Rogers was talking with Michael J. Reaney. During t e time that Rogers was in Reaney' s presence, he observed two in idents of a customer notifying a bartender �hat he had won th . Joker Poker game, the bartender notifying Reaney of �he same aitd the customer being paid off in Reaney' s presence. AL Lhe ti e the customer won the second game, Reaney commented thaL- it was time for the customer to buy a round of drinks. 6. Officer Rogers als observed dice in t'he licensed premises. The dice were kep in a brown jug-like container. Bartenders and patrons would shake the dice and then the loser would �ay for the juke hox o a drink. During the period of several months wheit Officer ogers f_re�uented the licensed premi.ses , he observecl this t he a frequent occurrence. 7. Officer Rogers con acted Sgt. Klein and advised him of his OhS�1VSL1011S . SgC . K ein instructed Officer Rogers to aLtem�L to win the ,Ioker Pok r jackpot . �. nn March 21 , 1989, Officer Rog,ers scored the minimum 100 �oints and notified a ba Lender, Mark West that he had dane so. West cleared the machine and gave Rogers $25.00 in cash from the Cill . Rogers Ltirnect his wimlings over to Sgt. Klein. -2- � � � � ��-/ � �/ _ 9. liasecl or1 ii�formation rnished by Officer Rogers , Sgt . Klein Preparecl Lhe af f idavit f.or a search warrailt . The warrant was execuled at �he lic Zsed premises by Lt. Donald Winger ot� March 29, 1989. Lt . inger was assisted by Sgt . Terry TT�OOLE'.11� Offic�r C��rl 1-�c�vey, an Officer SCuart Montbriand. 10. nuring the course of_ he search of the licensed premise5 , Michael J. Reaney, Jr. escorted Lt. Winger to the office located ir� the basement f the bar. Lt. Winger searched a file cabinet and desk located in the office and found a blue theme book conLainiilg fiilancial notations , a promissory note fY-om Mi.cllael J. Reaney, Jr. to homas Theisen, d/b/a Theisen VP_11Cllllg Co. in Lhe amowlt of $8,000.0�, a promissory note from Michael .T. Reaney, .Jr. Lo Thoma Theisen, d/b/a Theisen Vending Co. in �he amoutl� of $7,000.0�, seven memos referencing one ne.nice Matrious ainci referencing various amounts paid on account, 34 Theisen Vending Co. "Merchan Copy" receipts referencing amounLs collec�ed f_rom the Joke Poker machines , 34 Theisen Vending Co. "MPrchant Copy" col ection slips referencing collec- �ions £rom vari_ous vending mach'nes , aild one 55-number tip board, Serial No. 83308. 11 . Michael .1. Reaney sta ed Lo Lt. Wi�lger that the blue theme hook recorded loan paymen s to Theisen Vending Co. by Reaney and that the loa�1 was �o keep the licensed business goin�. 12. The. loan £rom Theisen Vending Co. to the licensed business is a "paper" loan, tha is , it is an illusory trans- actioil, proceeds of lhe gamblin were split with SO% going to the ve�lding compat�y and 50% goii g to the bar and with payments to the vending company shown as installment' payments on the loan. 13. St. Paul Legislative ode, section 409. 21 permits qualified chariLable pl�dlllZdLl ns to conduct lawful gambling in l'he form of li� hoards at li ensed on-sale establishments . . No qualified charitable organiz tion has a permit to conduct 5uch gambling upon respondent ' s premises. 14. St. Paul Legislative ode, section 409.26(b) ( 7 ) provides tha� the presumptive p nalty for the first violation of Provisions relatii�g to illegal ambling on the licensed premises is a suspension of three consec tive days and the presumptive peilalty for Lhe second violatio i.s a suspension of nine consec- uLive davs. 1�. Pelitioner, through i s Assistant City AL'torney, sLates Lhat the alleged viola�i ns herein should be regarded as respondent ' s second violation. Tiased on Lhe foregoing Fin ings of Fact, the Administrative Law Ji�dge makes the following: -3 CnNCLtJS IONS 1 . The Council of the City of S�. Paul and the Adminis- LraCive Law Judge have j risdiction in this matter pursuant to St. Paul LigislaLive Cod , secL'ion 310.05. 2. The CiCy of S� . Paul has fulfilled all relevanl' sub- sCantive and procedural iequiremenls of law and rule. 3. The Ci�y of St . Paul has given proper notice of the hedri�ig in this ma�Cer. 4. The Sl' . Patil Le islative Code provides as follows: SecCiotl 409.08. RPgulalio • genei:ally. _ � � � ( 6) No licensee shall keep, possess or operate, or permit the keepi�lg, p session or operatiott of, on any licensed premises or i any room adjoining the licensed �remises any slot mac ine, dice or any gambling devices or apparatus , nor perm � any gambling Lherein (wherher or noL licensed hy the State) . . . 5. The Ci�y of SL. P- ul has proved by a preponderance of evidence lt�at Cusi.ck' s , II1C. , d/b/a Reaney' s Bar violated St. Paul Legisla�ive Co�te, sec�i n 409.08(8) by keeping dice and gambling devices on L-he licelsed premises and by permitCing gambling on the licensed Pre ises on several dates during a period of approximately six onrhs between late 1988 and early 1989 including, but not limi_ ed Co January 27, 1989, March 21, 1989 and March 29, 19�9. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following RF,CO MENDATION IT IS RESPECTFULLY RECOM .NDED thal- the St. Paul City Council suspend L'he liquor lic nses of Cusick's, Ine. , d/b/a Reaney ' s Aar for i�ot less �han six, nor more than nine � consecutive days. Dated : Augus� 30, 19R9 2� - , Adminislrative Law Judge � NQT CE Pursuant' to Minn. S�at' . se tion 14.62, subd. 1, the agency is required l'o serve i�s final ecision upon each party and. upon the Administrative Law Judg by first' class mail . Reported: Taped. Two cassetles -4- � �� a:�e � � �r_ 7 � 1 �ti � - V. "1'M'3 / "!/�/ • sasna .zsg a�p�ad pun T�e.z�ua� puE.z� at�� Cq �as saZ�zppunoq ay� tlll.�"�TM jZn� uazsuadsns ay� ZEy� papuawwo�a.z sEy a�pnr ME'[ anz�p.z�szuZwpd aya ��C1�uanb -asuo� •��a�3a a�yZ o� _ awn��zp .zo aauapzna -�uasa.zd o� paZ-�e� eCZdwzs sEy .zauozai�ad ` zqzyxa �py� uz pa�ua.za3a.z asoy� wo�� uaaa33�P �TPa�l�pw sz ase szy� �I • S Zzc{zyx;� s , �C�i� uz pauzna -uo� sz suozaZSOdsZp �ut �zp�a.z pa-�uasa�zd spM r�y ayZ a�uapzna �CZuo ay� 'pauoz�uaw sa np az3i�ads aa.zt{� ayZ upya suo?sY��o a�zow �CuEw uo a��1d �oo� � zZqwe� Z�y� pun �uasa.zd s�M �uawd�nba �uzZqwE� �Ey� p�o�a.z a Z ui a�uap-ina si azay� y�noy�j� •�eg app�.zd ay� �SUTE�P uozsuacJsns �Cnp-auiu � �a �C�TEUad E pasodwz puE sya ow aM� �o poz.zad e �ano s�Yp a�EZedas anz� uo pa.z.zn��o anp�{ o� pa�ajTp si �u7Tywp� j��ajT1 a.zayM asE� E ui .zpg IE��ua� pu� � aya �S117P�E t�o?suadsns �Cpp-x��s n �o �C�TEUad e pasodwz jz�uno� �C�z� ay� �Ey-� saZou r�d ayZ '�UTT(�WE� �uznZonuz sasp� �zay�o o �C iEwwns n sz S �zyzyx;� s , �C�1� •.zapzo u c sz uoiazsodszp �o� uozapp awwo�a.z szy �uz.�z��az �uawwo;� P �ELI"1 sanailaq rZy ay� ��anacnoH • saszwazd au� uo �uzjywe� paa-�zw.zad pus �uawdZnba �u-�jqwp� ada� Zuapuodsa�z �pyZ papnT�uoa sey ay fyM �uiuzEldxa uz pan.zas aq pT oM asod�nd jn}asn ou -�Ey� pup .zpaj� sz a�uapZna ay� asyZ sai�� ay a�pn� Me� ani�ni�s-�uZwpd ay� WIIQNV21UW;1W �/ � ��-�i��} ,, _ ,�z�,FOTIIlN0.3`L�II1�2—AffidavitofServicebyMaiL�Rev.1957) Miller-DavisLega��v.�..,..._ _ '> State of Minnesqta, County of Henne in Shirley J. Stroh ofthe City of Colum ia Heights , County of Anoka in the State of Minnesota,being duly sworn, says that on the ��h day of Au�.,c r , 19$4_,_�tie served the annexed F� nrj��o�.f Fact� Conclusions and Recommendation on Mi �haPl T RPd�iPT Tr ��t��c�4R � � the ��n�.�a�,�+- in this action,by mai ing to h i m a copy thereof,enclosed in an envelope,postage prepaid,and by depositing same in the post office at ��n o�j�� Minnesotadirectedtosaid�t��s�gO��PnresPntativP at- 870 Pa�mP AvPnuP the last known address of said attorney�s►. St . P u , MN '1 Ol _ TLE OR RANK) FRANK W.LEVIN � ��NOTARY PUBLIC—MINNESOTA �uOb�s�ribed and sAu nus before me tl�� NENNEP!N t:OUNTY _�ay of g , 19t5 '"'�� ss��+i Exp�res Jan.27, 1995 'i��2�1/. ��'t� •� w a SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL . FOl'IIl NO.3�01�2—Affidavit of Service by Mail.(Rev.1957) Miller-Davis Legal Forms State of Minnesota, Countyof Hennepin Shirlev J. Stroh ofthe Cit� of �olumbia Heights Count�Q t�nnka in the State of Minnesota,being duly sworn, says that on the � day of , 19��,�e served the annexed F i nd i ng s o f Fact , Conclusions an ecommenda�ion on Philip R. B,�P, A��i Gtant Ci tv At-tnrnPv the attorney�s) for Tha l�; �� ef St P�u1 the p��- � in this action,by mailing to h im a copy thereof,enclosed in an envelope,postage prepaid,and by depositing same in the post office at Mi nnPa n� n 1 i s., � Minnesota directed to said attorney�s)at the last known address of said attorney(s). St . Pau1 , MN 55102 � �TLE OR RANK) i �� FRANK W IEViN � " v' '��B I',�—MINNESOTA �scribed and sw�rnu tus�fore me tl� ��; , �_i�;�NTy 30th 2iay of g , 19 . r viy��i�i,�:�, _��. r::, ,an L7, 1995 �il/• ��.E�%�2��z q.Y��vvwvwwww� �rvvv��vv�v�nnivr SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL ' r„ _ _ '� (,��`- i1l1 �a.�� ', � '°a��o, '" "� CITY OF SAINT PAUL �3�� ' 9 OFFICE OF THE CITY ATTORNEY g o y f. �� i�t�tl:ipu ,, �`;; "" 1°" �� EDWARD P. STARR, UTY ATTORNEY �''��,�•��,��''� 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR April 20, 1989 Mr . Michael J. Reaney, Jr . NOTICE OF HEARING Cusick' s, Inc. - dba Reaney' s Bar �� 8741 Payne Avenue St. Paul , Mn. 551PJ1 RE: Reaney's Bar, 87A Payne Ave ue Dear Mr. Reaney: _ This is to notify you that th hearing will be held concerninq all the licenses held at the premises stated above at the following time, date and place: Date: May 8, 1989 Time: 9:0�! a.m. Place: 25 West Four h Street City Hall An ex Room 154l3=A _ St. Paul , Mn. 551.f62 . The judge will be an Administra ive Law Judge from the State of Minnesota Office of Administrat've Hearings: Name: Franlc� W, evin, Esq. Fifth Floo , Flour Exchange Building 31� Fourth Avenue South Minneapoli , Mn. 55415 Telephone: 344-181P! The Council of the City of S int Paul has the authority to provide for hearings concerni g licensed premises, and for adverse action against such icenses , under Chapter 31P1 , including sections 31 �. fd5 and 310. 06 , of the Saint Paul Legislative Code. In the case f licenses for intoxicating and non=intoxicating liquor, authority is also conveyed by section . 340A.415 of the Minnesota Statut s. Adverse action may include revocation, suspension, fines an other penalties or conditions. , , , � �`` . .. Evidence will be presented to the judge which m ay lead to adverse action against all the lice ses you hold at the above premises as follows : That on several dat s over the past several months , including March 21 , 1 89 and January 27, 1989, bartenders were paying off on the video poker machines. On March 29, 1989, a search pursuan to a warrant seized items relating to the video poker mach' nes, a 55-number tip board and dice and tumbler behind th bar. The above violates section 4019. 418 (6 ) of the Sai t Paul Legislative Code , which proh ib i ts gambl i ng on t e 1 icensed prem i ses and the keepi ng of dice and other gambli g devices on the licensed premises. You have the right to be rep esented by an attorney before and during the hearing if you o choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohi ited as unauthorized practice of law. The hearing will be conductzd n accordance with the requirem ents of sections 14.57 to 14.62 of he Minnesota Statutes, and such parts of the procedures under section 31�.65 of the Saint Paul Legislative Code as may be applicable. - At hearing , the Administrativ Law Judge will have all parties identify them selves for the re rd. Then the City will present its witnesses and evidence, eac of whom the licensee or attorney may cross-examine. The license may then offer in rebuttal any witnesses or evidence it may w sh to Dresent, each of whom the City attorney may cross-examine The Administrative Law Judge may in addition hear relevant an material testimony from persons not presented as witnesses who h ve a substantial interest in the outcome of the proceeding; for e am ple, the owners or occupants of property located in close pro imity to the licensed premises may have substantial interest i the outcom e of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare F'ndings of Fact, Conclusions of Law, and a specific recommendatio for action to be taken. You should bring to the hearin all. documents, records and witnesses you will or may nee to support your position. Subpoenas may be available to com 1 the attendance of witnesses or the production of documents ' n conformity with Minnesota Rules, part 140g.7�H0. . ♦ �'.� f�� ; � n + • • If you think that this matt r can be resolved or settled without a formal hearinq, please c ntact or have your attorney contact the undersigned. If a stipu ation or agreement can be reached as to the facts , that stipulation will be presented to the Administrative Law Judge or incorporation into his or her recommendation for Council a tion. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to cha lenge them forfeited. If non-public data is received into evid nce at the hearing, it may become public unless objection i made and relief requested under Minnesota Statutes, section 4.641, subdivision 2. Very truly yours, PHILIP B. BYRNE Assistant City Attorney (612) 298�5121 Attny. Reg . No . 13961 cc: Joseph F. Carchedi - License Inspector Lt. Donald Winger Vice Unit Albert B. Olson City Clerk Paige Purcell Office of Administrati e Hearings . ,� ., � � ��,��ll �'S EJ�1ib1'� �',� LICENSES 4 310.01 ��8 �J'4.1'atl�l� 6.l�•� SUBTITLE A. IN GENERAL Legislative Code Chapter 310. Uniform License Proc ures Class I Licenses Chapter Automobile R.epair Garage and Sec. 310.01. Definitions. . Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter, any ch ter of Distributing 316 the Legislative Code pertaining to licenses here- Amusement Rides 317 inafter mentioned, and subsequently enacte ordi- Nfechanical Amusement Devices 318 nances establishing or relating to the require ents Bill Posters 319 for Class I, Class II and Class III licenses nder Bituminous Contractors 320 authority of the City of Saint Paul, the erms Boarding and Roominghouses; defined in this section shall have the mea ings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Adverse action means the revocation or sus en- Christmas�ee Sales 323 Cigarettes 324 sion of a license, the imposition of conditions on � Close-Out Sales 325 a license,the denial of an application for the gr nt, guilding Contractors 326 issuance, renewal or transfer of a license, nd any other disciplinary or unfavorable action ta en Dry Cleaning and Dry Dyeing Plants; Laundries 327 with respect to a license, licensee or applicant or Electrical and Appliance Repair 328 � � . a license. ` Fire Alarm—Telephone Devices; . . � Bond means a bond meeting the requireme s Apparatus Installers 329 of Section 310.07 and indemnifying the City f Florists 330 Saint Paul against all claims,judgments or sui s Food License 331 caused by, resulting from or in connection wit Fuel Dealers—Liquid Fuel 332 _ any licensed business, activity, premises, thin Fuel Dealers—Solid Fuel 333 facility, occurrence or otherwise under thes Fumigating—Pest Control 334 chapters. Gasoline Filling Stations 33� Private Fuel Pumps 336 , Building off cial means the supervisor of code Hardware Stores 33 i enforcement in the department of community House Sewer Contractors 338 services. Ice Cream Processing and Distrib- uting 339 Chapters and these chapfers shall mean this Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk 341 Legislative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 for Class I, Class II and Class III licenses under Peddlers 345 authority of the City of Saint Paul. Soliciting 3�6 Pet Shops 347 C(ass I licerzsc>s means those licenses �vhich can Radio and Television Repairs 348 be approved and issued or denied by the inspec- Rental of Clothing 349 tor, subject to the procedures required by these Rental of Hospital Equipment 350 chapters. The following licenses are so classified, Rental of Kitchenware 351 . and the numbers shown opposite them correspond Rental of Trailers 352 to the chapters in the Legislative Code pertaining Roller Rinks 3�3 to each license: Sanitary Disposal 354 Supp.No.4 � 2027 • .� . � � §310.01 LEG SI.ATNE CODE " �."'��'=" ,..,..._.: :. . Legislat e Legislatiue Code Code Class I Licenses Chapte Class III L•icenses Chapter Secondhand Dealers 355 Auctioneers 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 . Game Rooms 406 Tow�4ucks—Service Vehicles 361 Hotel 407 Tree'I�imming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Masseuse 414 Building ZYades Business Licenses ' 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Pazking Lots 417 Finishing Shop 371 Taxicabs 418 - Tire Recapping Plants 372 Gamliiing License 419 .^��' �ansient Merchants 373 _ Class II licenses means those licenses whi h Director means the director of the department � must be approved or denied by the director, s _ of finance and management services, unless oth- ject to the procedures required by these chapte , erwise defined in the specific chapter, section or The following licenses are so classified, and t e subdivision referred to. numbers shown opposite them conespond to t e Division means the division of license and per- chapters in the Legislative Code pertaining o �it administration in the department of finance each license: and management services. - Legislativ Class II Licenses Code Fee means and includes both the license fee and application fee unless otherwise provided. Auctioneers—Short Term License Chapter 3 0 City Gambling Permit Section 402. License means and includes all licenses and Soliciting Funds—Tag Days Chapter 39 permits provided for or covered by these chapters. Temporary On-Sale Beer Section 410.1 Person means and includes any person, firm, Temporary Wine and Liquor Section 409. corporation, partnership, company, organization, C1ass III licenses means those licenses whic agency,club or any group or association thereof. can be approved or denied only by the counci , It shall also include any executor, administrator, subject to the procedures required by these cha trustee, receiver or other representative appointed ters. The following licenses are so classified, an by law. � the numbers shown opposite them correspond t ' the chapters in the Legislative Code pertaining t Zoning administrator means the supervisor of , each license: code enforcement in the department of commu- Supp. No.4 �` 2028 � � � � �� ;�.�F;`;1 LICENSES §310.02 nity services, or the official charged wit respon- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning cod . cause of the esistence of an agreement as described (Code 1956, § 510.01;Ord.No. 17303, § 3, 0-29-85; in subsection (1) above, the license may be re- Ord. No. 17569, § 1, 6-7-88) . voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- (a) Form. All applicants for licenses or ermits ted by each applicant in his application, in addi- issued pursuant to these chapters shall m e both tion to that required by specific sections in these original and renewal applications to the i pector chapters, as may be necessary to carry out and on such forms as are provided by the d vision. enforce any provision hereunder. He shall require Such applications shall not be received y the in every case the applicant to submit his name; inspector until completely filled out, acco panied business or�corporate name; names of partners, by all fees, insurance policies, bonds, posits, officers,directors,shareholders or trustees involved sureties, and indemnifications or certific tes re- in the business; age; address; description or blue- � quired by these chapters, together with t e certi- print of the premises,if any,and the owner thereof, fication required in paragraph(b)below. and locations and addresses of other business lo- cations in Minnesota. (b) Taxes. No person shall be granted a icense, � a renewal of a license or transfer of a icense (d) No reapplication within one year affer de- required by the Saint Paul Legislative C de un- nial or reuocation. No person may apply for any less, prior to and in addition to any other quire- license within one year of the denial or revoca- ments,rules or ordinances heretofore or he eafter tion of the same or similar license by the city _- - required, the Ramsey County Department Prop- epuncil, if such denial or revocation was based - erty Taxation certifies that said applica t has solely or partially upon misconduct or unfitness • � paid any and all taxes, real or personal, before of the applicant, evidence of violations of law in- said tases become delinquent, on any pr perty, volving licensed premises, evidence that the ap- real or personal,situated within the City o Saint plicant had been involved in the operation of a Paul and used in connection with the b siness nuisance, or fraud or deception in the license ap- - operated under said license. plication. Denial of a license, as used in this para- graph, shall include a refusal of permission to Notwithstanding the previous paragrap , the transfer a license to the applicant. A license is council, the director or the inspector may issue, "similar," within the meaning of this paragraph, • renew or transfer a license if it is found th t: if the basis upon which the revocation or denial of (1) The applicant has made an agreeme t sat- the original license was made would have been a isfactory to the Ramsey County attor ey to relevant basis on which to deny or revoke a li- cense of the type subsequently applied for. pay delinquent taxes in periodic install ents; (e) Reapplication after denial; "interest" of arr (2) The applicant has properly comme ed a plicant in revoked license. An application by a proceeding to contest the amount f tas person having an interest in,or whose sharehold- due or the valuation of his propert , and ers or officers have an interest in, any premises has made all partial payments requi d by or enterprise whose license has been revoked or law in connection with such proceedi g; or to which a license has been denied shall be treated (3) The business property with respect to hich as an application by the person whose license was taxes are delinquent is not owned b the denied or revoked. The term "interest," as used applicant, but by a lessor, and it wo d be in this paragraph, includes any pecuniary inter- inequitable to require the lessee to pa such est in the ownership, operation, management or taxes. profits of an establishment, but does not include: t:�` �-' Supp.No.4 2029 §:i10.0'l LEGISLAT E CODE bona fide loans; bona fide rental agreements; bona priate, the assistance of other city divisions or fde open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- ble ordinances and statutes.The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for or operating a hotel but having at least one hun- issuance of a license unless otherwise required by dred fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the (�;) W�iting period aftc�r filing of petition. Any building official for investigation and recom- petition required to be f led with the application mendation. • for any license shall not be considered as offic- (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working ' " days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recommenda- office. During the seven-day �vaiting period, any tions. signatnr of any petition may withdraw his name (a) Cla�s 1 licenses. Where an application for - therefrom by �vritten reyuest, and such request the grant,issuance,renewal or transfer of a Class � sha]1 be appended to the subject petition and made I license meets all the requirements of law, and � � a part thereof. After the seven-day waiting peri- there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is shown they were obtained by fraud or duress. suspension of,or the imposition of conditions upon, _ Signa�ures withdrawn or obtained by fraud or such license,the inspector shall grant,issue,renew duress shall not be counted in determining the or transfer said license in accordance with the sufficiency of the petition. This subdivision shall application. apply in any case where the applicant for a li- (b) Class II licenses. Where an application for ' cense or license transfer must present a state- he grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or I license meets all the requirements of law, and percentage of persons that they have given their here exists no ground for denial, revocation or consent to the grant of the license or license transfer. uspension of,or the imposition of conditions upon, (Code 1956, § 510.02) uch license, the director shall require the inspec- . or to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new n accordance with the application. applications, etc. (c) Class I and Class II licenses, if denied by The inspector shall determine the sufficiency nspector or director. In the event the inspector, and accuracy of each new application and obtain n the case of Class I licenses, or the director, in such criminal history information as may be used he case of Class II licenses, determines that the � under Minnesota Statutes, Chapter 364, and is pplication for grant, issuance, renewal or trans- otherwise available by law. The inspector shall r of the license does not meet all the require- make reasonable and appropriate investigation ents of law or that there exist grounds for deni- of the premises or personal property, vehicles or 1, revocation, suspension or other adverse action facilities, as may be involved in or related to the gainst the license or the licensee, the inspector licensed activity, and shall request, where appro- r director shall recommend denial of the applica- . - .,\`,_ -..,_ Supp.No.4 •--� 2030 f,..'::��, L ENSES §310.05 tion and follow the procedures for notice and hear- determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay (d) Closs IZI licenses. Upon receipt of a fully the issuance�of the license. (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; completed application and required fees for a Class Ord. No. 17551, § 1, 4-19-88) III license, and after the investigation required, ' the inspector shall notify the council. A public hearing shall be held by the council's committee ��• 310.05. Hearing procedures. designated to hear license matters on the grant, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III licenses. The ments. In any case where the council may or in- council's committee designated to hear license mat- tends to consider any adverse action, including ters may hold a hearing on the renewal of any the revocation or suspension of a license, the im- Class III license. In any case where the inspector position of conditions upon a license,or the denial recommends denial of the grant,issuance,renewal of an application for the grant, issuance, renewal or transfer of a Class III license, or where the or transfer of a license the applicant or licensee council's committee designated to hear license mat- shall be given notice and an opportunity to be ters believes that evidence might be received at heard as provided herein. The council may con- the public hearing which might result in action . sider such adverse actions when recommended by adverse to the application, the inspector or coun- the inspector, by the director, by the director of cil's committee designated to hear license mat- any esecutive department established pursuant ters shall follow the procedures for notice and to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. Where the or on its own initiative. application for the grant, issuance, renewal or transfer of a Class III license meets all the re- (b) Notice. In each such case where adverse ac- - quirements of law,and where there e�cists no ground tion is or will be considered by the council, the •_..- for adverse action, the council shall by resolution council shall in writing notify the applicant or direct that the inspector issue said license in ac- licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled to a hearing before the council. The notice shall - (e) Appea� Class I or Class II licerzses. An ap- be served or mailed a reasonable time before the peal to the city council may be taken by any hearing date, and shall state the place, date and person aggrieved by the grant, issuance,renewal time of the hearing. The notice shall state the ' or transfer of a Class I or Class II license; provid- issues involved or grounds upon which the ad- ed,however,that the appeal shall have been filed verse action may be sought or based. The council with the city clerk within thirty (30) days after may request that such written notice be prepared the action by the license inspector or director. and served or mailed by the inspector or by the The only grounds for appeal shall be that there city attorney. has been an error of law in the grant, issuance, renewal or transfer of the license. The appeal (c) Hearing. Where the cause for the adverse shall.be in writing and shall set forth in particu- hearing is based upon a violation of law and there lar the alleged errors of law. The council shall is no dispute as to the facts underlying the viola- conduct a hearing on the appeal within thirty(30) tion, the hearing shall be held by the council's days of the date of filing and shall notify the committee designated to hear license matters. Oth- licensee and the appellant at least ten (10) days erwise the hearing shall be conducted before a prior to the hearing date. The procedures set forth hearing examiner appointed by the council for in Section 310.05, insofar as is practicable, shall that purpose. 1'he applicant or the licensee shall apply to this hearing. Following the hearing, the be provided an opportunity to present evidence council may aff'irm or remand the matter to the and argument as well as meet adverse testimony inspector or director, or may reverse or place con- or evidence by reasonable cross-examination and ditions upon the license based on the council's rebuttal evidence. The committee or hearing ex- _. Supp.Na.4 20 1 §310.05 LEGISLA NE CODE •`°''`''`'�� r'' = aminer may in its discretion permit other inter- (fl Council action; resolution to contain findings. ested persons the opportunity to present testimony Where the council takes adverse action with re- or evidence or otherwise participate in such hearing. spect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing cense,the resolution by which such action is taken esaminer shall hear all evidence as may be pre- shall contain its findings and determination, in- sented on behalf of the city and the applicant or cluding the imposition of conditions, if any. licensee, and shall present to the council written (g) Additional procedures where required Where findings of fact and conclusions of law together the provisions of any statute or ordinance require with a recommendation for adverse action. additional notice or hearing procedures, such pro- The council shall consider the evidence contained visions�shall be complied with and shall super- in the record, the hearing examiner's recommended sede inconsistent provisions of these chapters.This findings of fact and conclusions, and shall not shall include,without limitation by reason of this consider any factual testimony not previously sub- spec�c reference, Mi�esota Statutes, Chapter mitted to and considered by the hearing examin 364, and Minnesota Statutes, Section 340A.415. . er. The council at a public hearing shall provid (h) Discretion to hear notwithstanding wittcdrawal the applicant or licensee an opportunity to presen or surrender of application or license. The council oral or written arguments alleging error on th 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 tes ing that the applicant or licensee has attempted timony related to the recommended adverse ac or purported to withdraw or surrender said license tion. Upon conclusion of the hearing, and afte or application, if the attempted withdrawal or considering the record, the esaminer's finding surrender took place after the applican�or licen- - :->, and recommendations together with such addition see h�d.been notified of the hearing and potential =_ ' arguments and testimony presented at the hea - adverse action. ing, the council shall determine what, if any, a - verse action shall be taken,which action shall b (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, reject pose of considering revocation.or suspension of a modify the recommendations of the hearing e - license or other disciplinary action invoIving a - aminer or committee. license has been scheduled before the council, a continuation of the hearing may be granted at (c-2) Ex-parte contacts. If a license matter h s the request of the licensee, license applicant, an been schedule for an adverse hearing, council me - interested person or an attorney representing the • bers shall not discuss the license matter wi h foregoing, only as provided herein: each other or with any of the parties or interest d persons involved in the matter unless such d s- (1) Where the request is made at least twenty- cussion occurs on the public record during t e four(24)hours prior to the scheduIed hear- public hearings of the matter or during the co - • ing,the president of the council or the coun- cil's final deliberations of the matter. cil may continue the hearing upon a show- ' � ing of good cause by the party making the (d) Licensee or applicand m¢y be represent request. The licensee or applicant may represent hims lf or choose to be represented by another. (2) Where the request is made less than twenty- four(24)hours before,but not on the day of (e) Recor� euidence. The council shall rece e the scheduled hearing, the council may con- and keep a record of such proceedings, includ' g tinue the hearing upon a showing of good testimony and exhibits, and shall receive and ve cause by the party making the request. weight to evidence, including hearsay evide e, which possesses probati.�e value commonly accep d (3) Where the request is made on the day said by reasonable and prudent persons in the cond ct hearing is scheduled, the council may grant of their affairs. a continuance on the condition that the -_ Supp.Na 4 _. 2032 - � � � �9- i7i/ "�-'•=� L CENSES § 310.07 :�};��_;;� - party requesting the continuance pay t (7) The activities of the licensee in the licensed the City of Saint Paul the city's actual cos activity create or have created a serious for the court reporter and witnesses �vh danger to the public health, safety or wel- appeared for the hearing, or one hundre 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, 4-19-8 manner. Ord. No. 17559, §§ 1, 2, 5-17-88) (g) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required Sec. 310.06. Revocation; suspension; advers under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take aduerse action. The cou (9) The licensee or applicant has shown by past cil is authorized to take adverse action 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 grovided 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 (Code 1956, § 510.06) be based on one or more of the following reason , �c. 310.07. Termination of licenses; surety which are in addition to any other reason speci - bonds;insurance contracts. _ cally provided by law or in these chapters: �.°�~::'; �a) Automatic termination, reinstatement; re- �:;,''.�':�;�:=j (1) The license or permit was procured by mi - sponsibility of licensee All licenses or permits�vhich �" representation of material facts, by frau , must,by the provisions of these chapters or other by deceit or by bad faith. ordinances or laws, be accompanied by the fling (2) The applicant or one acting in his beh f and maintenance of insurance policies, deposits, made oral or written misstatements or m - auarantees,bonds or certifications shall automati- - representations of material facts in or c- cally terminate on cancellation or withdra�val of companying the application. said policies, deposits, bonds or certifications. No (3) The license was issued in violation of a licensee may continue to operate or perform the of the provisions of the Saint Paul Zoni g licensed activity after such termination. The li- Code. censee is liable and responsible for the filing and maintenance of such policies,deposits, guarantees, (4) The license or permit was issued in •�io a- bonds or certifications as are required in these tion of law, without authority, or unde a chapters, and shall not be entitled to assert the material mistake of fact. acts or omissions of agents, brokers, 2mployees, (5) The licensee or applicant has failed to co _ attorneys or any other persons as a defense or ply with any condition set forth in the li- ]ustification for failure to comply with such filing cense, or set forth in the resolution gra t- and maintenance requirements. In the event the ing or renewing the license. licensee reinstates and files such policies, depos- its,bonds or certifications within thirty(30)days, (6) The licensee or applicant has violated y of the provisions of these chapters, or of any statute, ordinance or regulation r a- sonably related to the licensed activity, •e- gardless of whether criminal charges h �e � or have not been brought in connect on :\ � . : ..". therewith. �� Supp.No.4 2032.1 CENSES $310.09 the license is automatically reinstated on the sam (d) Expiration date to be concurrent with term terms and conditions, and for the same period a of license or permi� The expiration date of all originally issued. After thirty (30) days, the a - such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his licens 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 in the inspector, except as other�vise provided herein surance policies required by these chapter or in these chapters or in cases of revocation, shall be written by insurance companie suspension or termination under Section 310.06. authorized to do business in the State o (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 wit spector on or before the espiration date the ap- the City of Saint Paul in connection wit ': propriate license application, license fees, insur- the issuance of licenses for whatever pur ance and bonds. The inspector shall process the pose, and all policies of insurance require renewal application in the manner provided for to be filed with or by the City of Saint Pau in this Code. in connection with the issuance of license for any purpose whatsoever, shall first b �c) Whenever any licensee is the holder of the ' � approved as to form by the city attorney. tv¢o (2) or more licenses of the City of Saint Paul which espire on different dates, the inspector is � � (3) Uniform Endorsement: Each insurance pol- authorized, at the request of the licensee, to de- icy required to be filed pursuant to these termine a uniform date for the expiration of all or chapters shall contain the endorsement set any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Paul Legis- term and eYpiration dates of such licenses as origi- - lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these chap- heretofore or hereafter enacted. The provisions ters shall be conditioned that the licensee hereof shall govern the issuance of any new li- • shall observe all ordinances and laws in cense to one already holding a license. relation to the licensed activity, business, (d) In order to conform to the foregoing provi- premises or facilities and that he shall con- sions, ne�v licenses may be issued for a term of duct all such activities or business in con- less than one year, and the license fee therefor formity therewith. Such bonds shall also shall be prorated for the period of issuance. indemnify the City of Saint Paul against (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) all claims, judgments or suits caused by, resulting from or in connection with the Sec. 310.09. Fees. licensed business, premises, activity, thing, (a) Application clzarge: facility, occurrence or otherwise licensed under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination o�'bonds and insurance required Code, each applicant shall pay, at the time by city. Termination of bonds and insurance re- of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to these cessing charge for each and every applica- chapters shall be in accordance with the require- tion for a license or permit to be issued by � " _ ments of Chapter 8 of the Saint Paul Legislative the inspector, director or council of the City Code. of Saint Paul. ' 33 - . , � t��- � fl�' §310.09 LEGI LATNE CODE �:i;=.�:::•:,_ (2) Refunds: Said two dollar fifty cent ($2.5 met when the license has lapsed by reason of ~ processing charge shall not, under any ci expiration. cumstances, be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee schedul� The council may by ordinanc �c. 310.10. R.efunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de� these chapters, and a separate fee schedule for niec� service charge. Unless otherwise specifically applications for such licenses and permits, which provided by the particular licensing provisions may include fees to cover costs incurred by reason involved, where an application for any license is of the late filing. Such fees, in either schedule, withdrawn or denied, the inspector shall refund shall be reasonably related to the costs of admin- to the applicant the license fee submitted less a istration incurred in connection with each such service charge to recover in part the costs incurred application, license or permit. Costs of adminis- in processing the application in the amount of tration shall mean and include, but without limi- twenty-five(25)percent of the annual license fee. tation by this specification, both direct and indi- rect costs and expenses, such as salaries, wages, �� imitation on refun� other cases. In all other benefits and all personnel costs including train- cases as provided in paragraph (c), the inspector ing, seminars and schooling, expenses of investi- may'refund not to exceed one hundred dollars gations and inspections, handling of inquiries and �$100.00) of fees received in connection with any requests for assistance, telephone and communi- license, permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the o�ce capital equipment and all office supplies. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and sonable costs of administration incurred up to - --_ posted in the office of the inspector shall super- that ti�ie in connection with said license, permit - sede inconsistent fee provisions in these chapters or application. The director may refund not to ., or in other ordinances or laws. e:cceed two hundred fifty dollars($250.00)of such fees upon a like cert�cation by the inspector. (c) Fee for one year; may be prorated Unless The council may by resolution authorize all re- - ' otherwise specifically provided,the license fee stated unds upon a like certification by the inspector. is for a period of one year. Such fee may be pro- (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of less )�ay be made to the licensee or his estate: than a year. , (1) Where the place of business of the licensee (d) Late fee Unless otherwise specifically pro- or his principal equipment is destroyed or vided by the particular licensing provisions in- so damaged by fire or any other cause that volved, an applicant for the renewal of a license the licensee ceases for the remainder of the who makes application for such renewal after the licensed period to engage in the licensed � expiration date of such license shall be charged a activity or business; late fee for each such license.The late fee shall be in addition to any other fee or payment required, �2� �ere the business or licensed activity ceases � and shall be ten(10)percent of the annual license by reason of the death or illness of the fee for such license for each thirt da eriod or licensee or the sole employee or manager; y y P or portion thereof which has elapsed after the expi- ration date of such license. The late fee shall not ) Where it has become unlawful for the li- esceed fifty(50)percent of the annual license fee. censee to continue in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion, denial or any criminal activity on the ance of an original license than would be the case part of the licensee. for mere renewal, those requirements must be (Co e 1956, as amended, § 510.10) . \ .: •...'.:._,� 2034 ICENSES �310.11 Sec. 310.11. Transfers; general. is provided for on the part of the transferee before (a) License a privilege, not property. All lic n- any transfer of license is made effective by the ses or permits issued by the City of Saint P ul action of approving the transfer. pursuant to these chapters or other ordinances or (� Trarzsfer; defznition. "Transfer," as used in laws confer a privilege on the licensee to eng ge these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person, or from place to place, or a transfer not constitute property or property rights or e- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- "Transfer," as used in these chapters, shall not tached,executed upon,assessed or in any man er include the instance where a license is held by an taken for the purpose of satisfaction of any bt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All li en- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be tr ns- individual or by the members of said partnership. � ferable unless the specific chapter of the S int (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each spe ific cation In the case of a transfer from person to license shall specifically prohibit the transf of �. person, the application for transfer shall be ac- such license. No transfer of any Class III lic nse companied by a written assignment of all rights issued by the City of Saint Paul shall be effec ive of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public 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 corporatiorzs. Notwithstanding other �_. transfer is passed, approved and published. oth _ provisions of this chapter, publicly owned corpo- the transferor and transferee shall make ap ica- rations whose stock is traded in the open market tion for transfer of a license on such forms as ay may comply with the transfer requirements per- be prescribed by the division, and in accor nce taining to stock ownership and stock transfer by - with Section 310.02. furnishing the inspector on request with the names (c) Transfer tax In all cases of transfer of a and addresses of all stockholders of record upon license from a present licensee to any othe per- each renewal of the license. � son, there shall be a tax on said transfer i the (i) A�davit of transferor. No license transfer ' amount of twenty-five (25) percent of the a nual shall be effective unless the transferor submits license fee charged for said license, said tax o be an affidavit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer ta� deposit retained or ret ned (1) That in the case of Class III licenses, the Whenever an application is made for transf of a transferor-a�ant has posted notice to all license, the amount as set out in paragra h (c) employees in a conspicuous place on the shall be deposited with said application. f the licensed premises notifying all employees transfer of license is approved,the amount epos- of the time,place and date of hearing of the � ited shall be retained by the city.If the tran fer is transfer of the license to be held before the denied,the amount deposited shall be retur ed to Saint Paul City Council; the party depositing the same,in accordanc with (2) That said notice specified in subparagraph the requirements and conditions in Section 0.10. (1) above was posted continuously for four- (e) Transfer tax; exception. Paragraphs ( ) and teen(14)days; (d)shall not apply in any case when,by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full an al li- owing the persons employed by the trans- _ censee fee or a prorated yearly annual lice se fee feror or that an agreement has been reached M Supp.No.4 2035 $310.11 LEGISLAT �CODE between transferor and all employees as to (Code 1956, § 510.11; Ord.No. 16822,9-3-81; Ord. the payment of wages due and owing; No. 17551, § 3, 4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any � pletely complied with his contractual obli- purpose be open also to inspection and esamina- gations pertaining to employer contributions tion by any police, fire, or health officer or any to employee benefit programs which include, uilding inspector of the city,as well as the inspector. but are not limited to, pension programs, Code 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay c. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other e denied for any licensee who is delinquent in provision of these chapters, in any case where a ny payment or contribution to a health and wel- liquor license is held by a person not incorporated re trust or pension trust, or similar program, and where the license would, by reason of the stablished for the benefit of his employees. death of said licensee, lapse to the city in the ( ode 1956, § 510.13) absence of this paragraph, the authorized repre- r ,.�`��-: �::• sentative of the estate of the deceased licensee c. 310�14. Savings clause. �:":;:�::`;':�-: may consent to and seek to transfer said license -'-� to the surviving spouse of the licensee.The trans- (a) If any provision in�these chapters is held fer shall be subject to all applicable requirements constitutional or invalid by a court of compe- of these chapters and esisting law. t nt jurisdiction, the invalidity shall estend only t the provision involved and the remainder of (k) No approval under certain conditions. The t ese chapters shall remain in force and effect to council shall not approve any transfer where ei- b construed as a whole. � ther party has not complied with the terms of any . contract or agreement regarding employee bene- �� The repeal of any ordinance by ihis ordi- , fit or fringe benefit programs; including, but not n nce (which enacts the Uniform License Ordi- limited to, pension, hospitalization, medical and n nce) shall not af'fect or impair any act done, life insurance, profit-sharing or holiday pay pro- a y rights vested or accrued,or any suit,proceed- grams; provided, that any person or organization in or prosecution had or commenced in any mat- objecting to a transfer because of failure to pay te , prior to the date this ordinance became effec- employee benefit or fringe benefit programs shall ti e. Every such act done or right vested or accrued file a written notice of objection with the license sh 11 remain in full force and effect to all intents inspector seven (7) days prior to the scheduled an purposes as if the repealed ordinar�ces had th mselves remained in force and effect. Every public hearing on the transfer, and said notice su h suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- ti ed after repeal as though the repealed ordi- tor's claim. na ces were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is pr ecution which is based upon an act done, a Class III If an application is made to transfer rig t vested or accrued, or a violation committed more than one license at the same time, the in- pri r to repeal of the repealed ordinance5, but spector may, if one of the licenses is a Class III wh ch is commenced or instituted subsequent to license,handle all said licenses as Class III licenses. rep al of the repealed ordinances,shall be brought - :,\_- Supp.No.4 2036 - � � � � ��,�--f��r .�.;.^ '=�� • LICENSES �310.15 �`= 'cj :ti��v pursuant to and under the provisions of uch re- pealed ordinances as though they continu d to be in full force and effect. (Code 1956, § 510.14) � Sec. 310.15. Penalty. Any person who violates any provision o these chapters, or other ordinances or laws rela ing to licensing, or who aids, advises, hires, coun els or .,-..._ =;` r _ � ;.:} r^3:�.?" ' . `��'.��'+•:•,�::. ♦:�;'...y: '�-'-� Supp.No.4 036.1 I^°`� LICENSES §318.01 • . � conspires with or otherwise procures nother to Sec. 316.02. Fee. violate any provision of these chapter or other ordinances or laws relating to licensin is guilty The fee required is forty-five dollars($45.00). of a misdemeanor and may be senten ed in ac- (Code 1956, § 384.02) cordance with Section 1.05 of the Saint Paul Leg- islative Code. The term "person," in dition to Chapter 317. Amusement R.ides the definition in Section 310.01, shall f r the pur- pose of this section include the indivi ual part- �c. 317.01. License required. ners or members of any partnership corpora- tion,and as to corporations,the officers agents or No person shall engage in the business of pro- members thereof,who shall be respons le for the viding amusement rides,for charge, to the public violation. in Saint Paul without a license. (Code 1956, § 510.15) (Code 1956, § 411.01) Sec. 310.16. License fees,annual i creases. �c. 3I7.02. Fee. Effective on January 1 of each caI dar year, The fee required is one hundred dollazs($100.00) all license fees, except building trad s business : for each location at which such person will oper- license fees and fees for building tra es certifi- � ate and maintain the business of providing such cates of competency, shall increase y the per- rides. centage increase in the budget for the division of (Code 1956, § 411.02) license and permit administration of he depart- : - ment of finance and management se 'ces. Prior �apter 318.Mechanical Amusement Devices �. - - to November 1 of each year, the di ctor of fi- t ' nance and management services sha 1 file with � the city clerk a notice of the percenta e increase, �c. 318.01. License required; definitions. if any, in license fees. No person shall own and allow to be operated (Ord.No. 16885, 2-11-82; Ord.No. 170 9, 10-20-83; for business purposes any coin-operated mechani- _ Ord. No. 17303, § 4, 10-29-85) cal amusement device without a license. A coin- operated mechanical amusement device is hereby Chapters 3I1-314. R.eserv d defined as any machine which,upon the insertion of a coin, token or slug, operates or may be oper- SUBTITLE B. CLASS I LICE SES ated by the public for use as a game, entertain- ' ment or amusement, which amusement device Chapter 315. Reserved contains no automatic payoff device for the re- turn of money, coins, checks, tokens or merchan- dise, or which provides no such pay-off by any Chapter 316. Animal Foo s other means or manner.The term "coin-operated Manufacturing and Distrib ting mechanical amusement device" shall include so- called pin}iall machines; music machines; coin- Sec. 316.01. License required. operated television units;motion picture machines; No person shall engage in the bu iness of the amusement rides, excepting those provided for manufacture or distribution of ani al foods in under Chapter 317,pertaining to amusement rides Saint Paul without a license. of the type used at carnivals; table shuffleboard (Code 1956, § 384.01) games or similar games of amusement for which 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 apter, derived from §§ 345.01-345.03 of the city's 1956 C ,were redesig- a coin or token, operate for the entertainment or � nated as Class III licenses by Ord.No.17207, dopted Jan.31, ��ment of the player,e:ccept weighing machines. � 1985,and recodifed as Ch.423. (COd2 1956, §§ 412.01, 412.02) 2037 .�~��E ��T. «EAK Council PINK - �'INANCE GITY OF AINT PAUL r'!� OIUERY -MAYpqTNENT File �O. '�� • //�'• ' ��i�j �t�ny/P�3 � a. . j ; � O�GL �nce Ordinance N0. � �` 3�} . - �� Presented By � • � . . . � �' � �- � �� Referred To � � ' � � ` Committee: Date j � � :j Out of Committee By Date Ar_ ordir.ance � a.:z�.�nd sectim;z 31c�.�6 � o� t�;e Saint Pau T e�islative Code by �� ad3ing c�arifvi�; lan�ia�;e cencernin; �he i��ositio�t oi conciitior.s . T�±� CO:I`3C?I, G:' �� CI�Y (3i� St'.l3lv �AUZ JOE� C�R��IiX: —'�'��- - � .'�� Sa tioa 1 �. � ' � � � � Section 310.Oa of thz Sain �aul Le,isiative Co�e is �er�by ar:e�ded by addir_� the �ollowing r_ew sLbsectio�. {c) : �t (c) T.��. a r�asonabl �asis is r"oun�. to i�ro�e reasona�� co� it�cns and/or r�s�t�-ictiar�s u�o:: s �:.cense is�ued or i�e�d �nder these c�a�ters, ar:� on� or . c��e sucli reaso�z�Ie c�r.�itio�na and/or rss icti`ons ;�:a� b4 i.:�osed ��o:? such license ior th� rur?ose af �rou�oting ?u?�?ic ?�.eait;:, sa�e�� d �aelrare, of ?dva�c�r� tnL �ui�lic p ac� 2.�d the eli,�.�ir.ation of ca�dit��s or �.ctio s wlZicZ coxzstzt-�t� a - ��.�iszzce or a �e�ri�er to t?�e Aeace�I . � ��j o�en� az" T,irba� Iif , or rronatin� se�ur�.t� ar.d safet� ir_ r.earby � i�iz�or�oods . SLC�� r��so�a�le con3itiar.s nd/or rQstrictio*ss . T.a� incl•sde or �er�ain t�, bu= are not li�ited *�o , COUNCIL MEMBERS ' Yeas Nays Requested by Department oE: Dimond �ng In Favor Goswitz Rettman Scheibel A gai n s t By Sonnen Wilson ' Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by hiayor for Submission to Council By BY - . . ; ��..�� . _2_ . : . , � � - (1) a limitati n on the hours of operation � of the license business or establishment, . � or on particul r types of activities� con= ducted in or o said business or establish- ment; � _ .. . � - - . � • (2) a limitatio or restriction as to the location within the �licensed business or establishment �7 ose particular type �of . activities may e conducted; . � (3) a limitatio as to the �means of � . . ingress or egre s from the l�icensed ''-" -� � - -�-- "-- .�- establishment o its �parking- lot .or � � • � immediately adja ent area; ' � (4) a requiremen to provide off-street � parking in exces of other requirements ' � of lata; � � (5) a limitation n the �manner and means of advertising th �operation or merchan- . dise of the licen ed establishmerit; � (6) any other rea onable �condi.tion or restriction. limit ng the �operation of � - � � -------� --=-the licerised busi ess or establishmerit - � " � � to -insure that th �said business or � . � - - establishment- will �harmonize �with �the � � -� � - - - -�--- -��-� - �===character of the a ea. in which �it is � _, _ ��: _-_-_ `_ - located, or to pre erit�tlie_,�devel'opment � � - -� - --- � --� - - -- -�-- --� --or� continuation of� a niiisance.� . � The inspector may .impos �such �conditions on Class I � � . licenses with the conse t of the licenseholder, or may. recommend the impos ' tion of sv.ch �conditions as an adverse action agains the �licerise �or licenses ; the �director �has the sam power with respect to � Class II licenses .� The ouncil may impose such . � . - - � - - �conditions on C1assIIl 1 censes with the consent of the licenseholder, or upon any class of license as an adverse action aga nst the license or licenses 3� ./__ �,., ►�^1R � r11VA1VLG . CANARti'—GEPARTNENT GITY OF S INT P�UL �'VUU�.aa �r - ./�_f OIVE — MAYOR File NO. . • . . � . �r � i �nce ; Ordinance �`1�. 4;,�l�''`�` i �� ' • ' •. ? i� � . ��✓� Presented By ;'•� -.-(�:�._ � i : . .; :t: . . . , , s Referred To Committee: Date Out of Committee By Date -3- Tollcn�»g notice a,.nd h ari�.� as may he reeuirpd. Suc:� corditions n�� bQ i;. osed or, a lic�nse or Iicer.ses u�on is�uance, �e�e:�al or t�ansfer t�ereai, o:. upon and as �art of an� a3v rse action a�ai�nst � Iicense � cr 7.icer_ses , inciudi�; susrensioa?. S - ction y :de�tn�r t�:is or�inauce ;�ar ny exi.st:��±� or iuture ar3ir_��ce z�o�ted bv the Cit� of �aint ��u to re.gt:Iate an3/or Iicense ari� - occu�eations , busir_esses or acti "ties s�z�1 be constru�d to li�.t or Testrict ��s inRlerer�t pol.ice saer to re�v.I3�e 3nd Ii.ce�se, �or to i�.:r�i.t or re:t�ict a�? �o�,�r c �e�ed on �L- '�� the LTnit�d St�t�s or :^amzesata C��3�itut�ons or sz ut�s (or re�uZa_tzons :?ro��I;ats��' t�.ere�der) �o so r��ulate ��10 3�c�r_s�, Sec�ioz '� - '?'�is o�d�nanc� sha11 Ca'_{Q �f^ect ��r_d be in forca t�?irt� (3d) �?ays .'�'ollc�r.Q its ��as�aQe, a:�vra�a? a�d t•,�biication. ; - COUNCIL MEMBERS � Yeas Nays " Requested by Department of: Dimond f �ng � In Favor Goswitz Rettman Scheibel Against BY Sonnen ' tiVilson Adopted by Council: Date nUl'j � � i9�8 Form Approved by City Attorney Certified Passed by Council Secretary BY By - , _ � . - -- . .�i.'. �.i.�,_7 Approved by Mayor: Date '•?1,;�.: ��.J� �::�.,� pproved by Mayor foc Submission to Council By BY OINK - FINANCE COIl[1CI1 r-. CANARV - OEPARTAIENT G I TY F SA I NT P�U L :j, ��1' � ewe —��+.,voa , / File N0. :�r - � city A�t�_Q/p3B �/ • 0 �in�nce �� ' .� ,- : Ordinance N O. � 'l-1� % ...•�( /,��/' ' i-�'� � •-__j. .. /� .� Presented B ',`.....,.. ;, /, ,::I-� ._._.--n�: �: / - �,:r—'' . ��^ti`..-� .. Y '- - ' : i .L/, Referre�/To ' `~ Committee: Date Out of Committee By ` - - -n ' •%�� ' �• -` � �� °�Date � �� •j .An o din�nce clarif,,�ing the ;�:�„ I�.cense older'� respansibilitg `_�'� �., � for the actions of �fs or her . � - � . � er:rnloye s on the licensed prenises,,_� '��o �, - � :<,�� . _ ' ;.' L�,%� iy - •...; ,e,, �.y=r(�� ' �:E..COUi�iCIL QF � CI'I'Y OF SAI�ZT P�TJL vflES 0?�DAI?�: - `' - • ;,>��. _. . , ;,- . - See�ion I � � - . � Clzapter 3IQ of t?�,; Sa nt Paul L��islative Code is her��v � ar�ended to add a new secti 3�0.�? �o be rea�i as follows : . "310.I7. I.icens e's Res�ionsibilitv. � A�y act ar con u t �y any c er � e�n7.oyee, . �. �.�nag�r or .agent of a licensee, �or by �y person providing e�n.tertain�er�t or «orki:�g � for or on behalf of a licertsee =�,hether � � � � � co�ensated or n �t, waic� a�t or conduct ' ' takes rlace eit?� r on t:�e licens�d Fre�ises ' T.' or in a�y narkin Iot ar other area adjac�nt ' ., to (or ur:der the Iease or control of} the - Iicer_s�d pre�nise , and �,*�:ich act or conduct _ violates �g sta e or fe�ieral statnta� or � . � re�ul.ations, vr � city or�inan�e, sha1l be co�si.dered to b` and treatsd as the act or - . co:�auct o� the 1 �c�r_�ee for t�e nurpr�se of � : adverss actio�a. a ainst all ar a�y of the lzcenses h�ld bv suc�z Iicensee. To tae � ext�nt this sect an i3 i-r� conflict wit:� � secticr�s 4�9.I4 �d 4ZQ.0� a� t�� I,egisl��ive COUNCIL MEMBERS Yeas Nays Requested by Department of: � Dimond ��g In Fa r Goswitz Rettman Scheibet A gai ns BY Sonnen Wilson Adopted by Council: Date Form Approved by City Attorney �' -+ified Passed by Council Secretary BY �y Approved by Mayor: Date Approved by Mayor for Submission to Council sy BY PINK - FINAN[E (�011I1CI1 � . � OLUERr,-�MAVORTMENT GITY OF S INT PAUL F11e NO. ./ ��f `'� � • .._ ,' 0�� nce Ordinance N O. ��`� y � . ;' ,;.. �: ' �y �� _ ,-: f 7: _ P�esented By ;,'�r:.-. , /;._.r...; .�; -� ;y) �i� _r. i` ��.,... .- ,� ..: �i '= / Referred r/ _ .. �;�• - f L.. .�,� _ :c-:�:: -yt.�`�.: �. 'fi/_.� � % � . ; To r � �•n'r'� ��G`�'�'" f ��' ' Committee: �Date� *�' � Out of Committee By Date _�_ - Cr�c3�, this s�c�ion sha 1 be contY�llir,�; and arevail; '��t sha?� r.ct ot�erurise a��nd, alter or afxe�t suci section " S ction 2 3'his or�in�*�ce s1:a11 take e f�c� �rd be in forc� thirty da�s after �ts psssaoe, apnrov�? a�-id uQZication. ,... r r COUNCIL MEMBERS Yeas � Nays Requested by Deparfinent of: Dimond �•. ��g '�- In Favor Goswitz . Rettman .� Scheibel A gai ns t BY , SYRmar �Yilson :y�,?; ; , = Form Approved by City Attorney ; Adopted by Council: Date ' - 'tified Passed by. Councii Secretary BY By • � • :_.__..._ _ �proved by Mayor: Date ---' '� °'�^�°•' p+pP�o�ed by Mayor for Submission to Council 3y BY . `, � � , AJ r_/;� � '/�� Q ,� ` . ' �`.��t�«' *�� LICENSES 3 409.02 C� �r`.l`'�I"la ,�'�.. (11) No licensee shall receive any m terial for Sec. 409.02. Definitions. use in the licensed business fro any per- son under the age of eighteen ( 8) years As used in this chapter, the following terms without the•written consent of t e parent shall have the meanings ascribed to them in this or guardian of such person, whic shall be section: kept on file by the licensee for at east one Club shall mean a corporation organized under year. the laws of the state for civic, fraternal, social or (12) Any licensee shall be subject to re sonabla business purposes or for intellectual improvement inspection at reasonable times b proper or promotion of sports which has more than fifty city officials as in the case of other icensed (50) members and for more than a year owned, businesses. hired or leased a building or space in a building of such estent and character as may be suitable and (13) Licenses issued hereunder shall not be adequate for the reasonable and comfortable ac- : transferable. commodation of its members, and whose affairs (Code 1956, § 341.06) and management are conducted by a board of directors, esecutive committee or other similar Sec. 408.06. Renewal, revocation an sus- z body chosen by the members at a meeting held pension. for that purpose,none of whose members,officers, (a) Any person to whom an initial licen e has agents or employees are paid,directly or indirect- been issued hereunder may obtain renewal ereof ly, any compensation by way of profit from the by filing an application with the inspecto indi- �stribution or sale of beverages to the members cating any changes in the material submitte with of the club or to its guests beyond the amount of the initial application. The inspector shall ircu- such reasonable salary or wage as may be fixed larize the application to those officials w o re- and voted each year by the directors or other view initial applications and the license sh 11 be governing body. granted of course by the council unless, i its Exclusive liquor store shall mean an establish- judgment, reports from city agencies or fro the ment used only for off sale and on sale sales of public demand a formal hearing be held. N ini- intoxicating liquor, except that, upon obtaining tial licenses shall be granted hereunder for her proper state or city licenses for such sales,cigars, premises except in I-1,I-2 and I-3 Industrial D' 'cts. cigarettes, all forms of tobacco and nonintoxicat- (b) The council may revoke, suspend or re use ing malt beverages and soft drinks may also be to renew the license of any person hereunde for sold in said exclusive liquor store at retail; pro- any violation of this or any other ordinance o the �ded,further,that such nonintoxicating malt bev- city,or of any statute or regulation of the Sta of erages and soft drinks, when sold pursuant to an Minnesota or agency thereof. off sale liquor license, shall be sold for consump- (Code 1956, § 341.07) tion off the premises only. General food store shall mean any place of busi- Chapter 409.Intoxicating Liquor* ness carrying a stock of food supplies and primar- ily engaged in selling food and grocery supplies to Sec. 409.01. License required. the public. No person shall sell intoxicating liquor for c - Hotel shall mean an establishment with resi- sumption at any time or place in Saint Paul wi - dent proprietor or manager, where, for payment, out a license. food and lodging are regularly furnished to tran- (Code 1956, § 308.02) sients, and which maintains,for use of its guests, no fewer than fifty(50)guest rooms with bedding 'Cross references—For general provisions pertaining o liquor and beer,see T;tte XXrv;nonintoxicating malt liquo , and other suitable and necessary furnishings in Ch.410;use of beer and intoxicating liquor in drive-in moti 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 LEGISL TNE CODE of guests on the ground floor and which employs Sec. 409.03. Number of licenses. an adequate staff to provide suitable and usual service, and which maintains, under the same �a) On-sale licenses shall be issued only to ho- _ tels, clubs, restaurants and establishments for the management and control as the rest of the estab- sale of on-sale liquors exclusively. lishment and as an integral part thereof, a dining room with appropriate facilities for seating not (b) Off-sale licenses shall be granted subject to less than thirty(30)guests at one time,where the the approval of the liquor control commissioner to general public is, in consideration of payment, Proprietors of drug stores,general food stores and served with meals at tables. exclusive liquor stores, and but one such license shall be issued for every five thousand (5,000) Intoxicating Iiquor or liquor shall mean and inhabitants in the city. include ethyl alcohol, and any distilled, ferment- (Code 1956, § 308.06; Ord. No. 17172, 10-23-84) ed, spiritous, vinous or malt liquid of any kind _ potable as a beverage, which contains an alco- �c. 409.04. Exceptions. holic content in escess of three and two-tenths 1'his chapter shall not be construed to prohibit (3.2)percent thereof by weight or four(4)percent the sale of wine for sacramental purposes by any by volume. person duly licensed by the state liquor control Medicines shall mean and include only such commissioner so to do; nor shall this chapter be potable liquids as prescribed by licensed physi- construed to prohibit the sale of inedicines as herein cians and dentists for therapeutic purposes and defined;nor of industrial alcohol designed for me- United States Pharmacopoeia and National For- chanical, chemical, scientific, pharmaceutical or industrial purposes; nor to compounds or prepa- mulary preparations and preparations used for rations containing alcohol, if such compounds or the mitigation of disease for external and inter- preparations are not potable as a beverage; nor nal purposes which are usually sold in drug stores shall it be construed to prohibit the sale of intoxi- and intended for therapeutic purposes and not for cating liquor for medicinal purposes by a duly beverage purposes. licensed and registered pharmacist or druggist Off-sale shall mean the sale of liquor in origi- upon bona fide prescription, in writing, by a phy- nal packages in retail stores for consumption off sician or dentist. or away from the premises where sold. (Code 1956, § 308.22) On-sale shall mean the sale of liquor by the Sec. 409.05. On- an es; term; glass for consumption on the premises only. fees. . Package or original package shall mean and (a) Term. All licenses for the sale of intoxicat- include any container or receptacle holding liquor, ing liquor shall be for a term of one year from the which container or receptacle is corked or sealed. date of issuance, renewal or transfer. The date shall be determined by the inspector and entered Person shall include individuals, corporations, upon the license. � - partnerships and associations. (b) License fee� on-sal� semiannual installments Restaurant shall mean an establishment other The license fee for an on sale license is hereby � than a hotel, under the control of a single propri- fixed as follows: etor or manager,having appropriate facilities for ��1) Seating capacity over 200 . . . . . $3,000.00 the serving of ineals for no fewer than fifty (50) U guests at one time. � (2) Seating capacity over 100 . . . . . 2,750.00 - Sale and sell shall mean and include all barters G (3) Seating capacity 100 or less . . . . 2,500.00 and all manner or means of furnishing intoxicat- Said sum shall be paid in two (2) equal amounts, ing liquor or liquors in violation or evasion of 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. 2 72 ' •' . LICENSES §409.06 (c) On-sale licens� replacement af�er r uocafion the liquor control commissioner of the State of If,for any reason,the on-sale license in t is chap- Minnesota and shall file the same with the in- ter provided for is revoked by the coun il of the spector. Such application form shall require that City of Saint Paul, no replacement lice se shall the following information be set forth upon the _ be issued until the full license fee for he new application, and such further information as may license due for the remainder of the lice se year be required: is first paid; provided, however, that in o event shall a licensee pay less than the applic ble an- (1) The name and place of residence of the nual license fee together with the appli able is- applicant. suance tax for a license, or combination f licen- ses, during a license year. (2) The location of the premises upon which the applicant proposes to sell such liquor (d) Increase in on-sale license fee; noti e to li- and an exact description, including the pra _ censees. The license inspector is hereby 'rected posed floor plan and seating capacity, of — to notify in writing via U.S. mail all on ale li- �e p�icular place within the building struc- � censees of the public hearing date for coun il con- ture where such sales are proposed. sideration of any amendments to this sec 'on in- creasing the license fees. At said public h aring, �. �g� �ether the applicant has ever been en- the department of finance and manageme t ser- � gaged in a similar business and, if so, the vices shall present evidence to the council show- location thereof and the date when so en- ing the relationship between the proposed ee in- gaged. The application shall be signed and crease and the costs borne by the city for �quor- verified by the applicant in person and, if related regulating and policing. the applicant is a corporation,by an officer . (e) License fee, off-sale. The license fee r an of the corporation. off-sale license is hereby fixed at the sum f 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 ncil, application. the fee to be charged shall be the prescribe an- nual fee less a credit given for each mon or (}�) 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 provisio s of for that purpose, one for on-sale licenses and one Section 310.09, an applicant for renewal o an for off-sale licenses. He shall notify immediately on-sale liquor license shall be charged a lat fee the director of the division of public health, the in an amount of ten (10) percent of the ins all- chief of police and the chief of the department of ment due for such license for each thirty-da pe- fire and safety services of the fact that such ap- riod or portion thereof which had elapsed ter plication is filed.It is hereby made the duty of the the expiration date of such license or semian ual �oresaid director, the chief of police and the fire _ period, and the late fee shall not exceed fifty 50) chief to inspect and examine or have inspected percent'of the annual life. and esamined the 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, 12-31-85;Ord.No. 17328, 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 esamine them (a) Application. Any person desiring a lice e and transmit them to the city council, together to sell intoxicating liquor shall make his verifi d with any recommendations which he, as such in- application in writing upon a form approved y spector, has respecting the applicant or the place 2173 . . : , , ��,`�� §409.06 LE SLATNE CODE � of business. Upon receipt of such reports and c- No license shall be granted to any person who ommendations, the council shall consider the sa e opens a new drug store after January 6, 1934, and shall, by resolution, grant or deny the ap li- until such person shall have operated such store cation. continuously for a period of two(2)years, or shall Where the application is for an off-sale liq r have purchased a drug store that shall have been license and the applicant is the holder of an in continuous operation for a period of two (2) sale nonintoxicating malt liquor license here o- Years. fore issued by the city council to sell such noni - toxicating malt liquor for consumption on the pre _ (c-1) Public hearing; notices. No new license for ises,the council shall not grant such off-sale liqu r either on sale or off sale shall be issued until the license until the applicant surrenders his licen e council shall have first held a public hearing on the application. The notification requirements to sell nonintoxicating malt liquor for consum - applicable to license transfers or change in licensed tion on the premises. If an off sale license is gr - areas in Section 409.11 shall be applicable in the - ed, the resolution granting it shall direct the i - issuance of new licenses. spector to issue the license whenever the bo hereinafter provided for has been approved an (d) One license on1y. Not more than one off-sale the liquor control commissioner advises the i - retailer's license shall be directly or indirectly spector that he approves of the issuance of th issued to any one person or for any one place in license to the particular applicant. this city, nor shall any retailer's off-sale license If an on-sale license is granted, such resolutio be directly or indirectly issued for any place for shall direct the inspector to issue the same whe Which a license of another class has been granted. ever the bond hereinafter provided for has bee It shall not be a violation of this paragraph for a approved. person who owns, directly or indirectly, or who has an interest in any intoxicating.liquor license Should the application for a license not be grant in this city additionally to own directly or indi- ed, the resolution refusing the same shall autho rectly or to have an interest in one or more corpo- rize and direct the proper city officers to refund t rations owning or operating a hotel holding an the applicant the deposit made at the time of th intoxicating liquor license in connection therewith; filing of the application. provided, that such hotel shall have at least one No new license shall be issued for any location hundred fifty(150)or more rental units. within a one-half mile radius of which there al- ready are four (4) or more premises licensed for �e) Premises of license No on-sale or off-sale the sale and consumption of intoxicating liquor license shall be effective beyond the compact and on the premises; provided, however, that this re- contiguous space named in such license and for striction shall not apply if the proposed new loca- �'hich the same was granted, escept that an on- tion lies within a designated commercial devel- sale license granted for sales in the dining room opment district. of any hotel may permit sales of liquor with meals in additional dining rooms open to the public and (c) Licensee qualifications. No license shall be specified in the license if ineals are regularly served issued to anyone other than a person over nine- to guests therein.If ineals are regularly served to - teen (19) years of age, of good moral character guests in guest rooms in any such hotel, liquor and repute, nor to any person who shall be here- may be sold in such guest rooms but only with after convicted of any willful violation of any law meals; provided, that such guest rooms must be of the United States or the State of Minnesota or specified in the license granted. No sales shall be any city ordinance with regard to the manufac- made upon the premises of an on-sale licensee ture, sale, distribution or possession for sale or escept upon the ground floor; provided, however, distribution of intoxicating liquor, nor to any per- that this limitation shall not apply to a hotel duly son whose license under the state liquor control licensed to sell on another floor as in this section act or this chapter shall be revoked for any will- provided; and provided further, that a licensee ful violation of such act or ordinance. shall be permitted to sell at a place in a building 2 74 r . LICENSES §409.06 other than the ground floor if a license as been (4) No outside service area shall be permitted granted for sales on a floor other than suc ground unless the licensee provides, in addition to floor.All licenses granted hereunder shall et forth other requirements of law, safety barriers the esact location within the building s ructure or other enclosures to protect patrons from - where such sales may be made and no s le shall any hazards, including vehicular tr�c. be permitted except in that part of the emises (�) No outside service area shall be located on defined in the license, escept as provide in the public property or upon any street, alley or following subsections(1)through(8): sidewalk,nor shall such outside service areas (1) The council may,by resolution,pe it any hinder or obstruct vehicular or pedestrian licensee to sell or serve intoxicatin liquors tr�c on any street, alley or sidewalk. in areas outside the building struct e which (6) The council may deny any application for are immediately adjacent to and ontigu- an outside service area where it has reason ous with the structure containin the li- to believe,or may revoke its permission for _ censed premises. Such outside servi e areas such an outside service area where it is shall be seasonal, and shall not in olve an satisfied, that the impact of such outside enlargement of the building struct e. Such service area on adjoining property will be, permission shall not be granted u less all or has been, any of the following: the conditions of subsections(1)thr ugh(8) a. Loud, boisterous or disturbing noise and all pertinent provisions of th zoning levels; code are satisfied. b. Hazardous tr�c conditions; c. Offensive,obnoxious or disturbing odors; (2) No outside service area shall be pe mitted d. Excessive litter; unless the licensee presents with h s appli- e. Excessive artificial lighting; cation for such outside service area state- f. Substantial decrease in adjoining prop- � ment in writing by ninety (90) pe cent of erty values; or the owners and tenants of all priv te resi- g. Any other condition inconsistent with dences, dwellings and apartment h ses la the reasonable use and enjoyment of cated within two hundred (200) fe of the adjoining property and inconsistent with proposed outside service area that t y have the health, safety, morals and general no objection to such service azea. easure- welfare of the adjoining neighbors or ments shall be determined from t e prop- community. erty line of the licensed premises to the property line of the residential us s; pro- �7� Permission to sell and serve intoxicating . vided,however,that where the lice prem- liquor in or upon any outside service area ises is located within a sho in all or may be revoked by the council on three(3) PP g days' notice to the licensee, pursuant to shopping center the measuremen shall be determined from the nearest c ner of information received at a public hearing the building in which the license prem- before said council. The information need ises is located to the property lin of the not be received under oath, but must rea- _ residential uses. sonably satisfy the council as to the exis- tence of any or all of the conditions listed (3) Notwithstanding any other provisio of law, ��bparagraph(6).The public hearing shall off-street parking spaces may not be educed be conducted with such formal or informal by the establishment of an outside ervice procedures as the council may permit, so area below the number of off-stree park- long as the licensee and any complaining ing spaces which would be require if the parties have an opportunity to be heard. licensed premises together with the utside (8) The licensee shall, with respect to any out- service area were to be newly cons ructed side service area, comply with all applica- in conformity with the zoning code. ble provisions of law and regulations in 2175 §409.06 LEGISLAT CODE regard to the sale and service of intoxicat- (1) That the licensee will obey the law relat- ing liquor, including, without limitation by ing to such licensed business. reason of this specification, all applicable regulations contained in Sections 409.08 �2) That the licensee will pay to the munici- and 409.09 of this chapter. pality, when due, all taxes, license fees, penalties and other charges provided by (fl Zoning restrictions. No license shall be is- law. sued for premises located within an area wherein such use of the premises is prohibited by the zon- (3) That in the event of any violation of the ing code,nor within an area where such sales are provisions of any law relating to the busi- forbidden by the state law or any other ordinance ness for which the license has been granted of the city. for the sale of intoxicating liquor, such bond shall be forfeited to the City of Saint Paul. (g) -License restrictions. No off-sale license shall _ be issued for any place where nonintoxicating (4) That the licensee will pay, to the extent of - malt beverages shall be sold for consumption on the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- (h) Other required permit No license granted sulting from the violation of any provision hereunder shall be effective until a permit shall -- of law relating to the business for which such licensee has been granted a license, be issued to such licensee by the United States if and further conditioned that such recovery any such permit is, in fact, required. may be had also against the surety on his (i) State restrictions. No license shall be issued bond. to any person in connection with the premises of another to whom no license could be issued under e amount specified in any bond required is . the provisions of the state liquor control act; pro- ereby declared to be a penalty and the amount vided, however, that this provision shall not pre- ecoverable shall be measured by the actual dam- vent the granting of a license to a proper lessee ges; provided, however, that the surety thereon by reason of the fact that he shall lease premises hall not be liable for any amount in escess of the of a minor, noncitizen or a person who has been enal amount of the bond.All such bonds shall be convicted of a crime other than a violation of this or the benefit of the obligee and of all persons chapter or the liquor control act. uffering damages by reason of the breach of con- itions thereof. Such bonds shall run to the City (j) Bond No on-sale license shall be granted f Saint Paul as obligee, and in the event of for- until a bond in the amount of three thousand eiture of any such bond for violation of the law, dollars (�3,000.00) has been furnished, approved he District Court of Ramsey County may forfeit and filed by and with the proper city officers. he penal sum of the said bond to the City of No off-sale license shall be granted until a bond aint Paul. in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the state li- �� Renewals: quor control commissioner and the city council, (1) An on-sale license renewal may be denied _ and filed with the proper city officers. for any licensee who is delinquent in any The surety on such bond shall be a surety com- Payment or contribution to a health and pany duly licensed to do business in the State of welfaze trust or pension trust. Minnesota, and the bond shall be approved as to (2) If on or before the expiration date of the form by the city attorney. All bonds when ap- license the licen.sed business has discontinued proved by the proper city or state officers, as the its operation or closed for any reason, the case may be, shall be deposited with the director council shall renew said license only upon of the department of finance and management the condition that the licensee shall reopen services. All such bonds, whether off-sale or on- and restore the licensed business to full sale, shall be conditioned as follows: operation within the terms of the renewed 2176 + , ' r�!� / `�/�// ICENSES §409.07 license, or in the alternative, that the 1 - (m) Unlawful use of weapons. If during any censee shall make application for and o - twelve-month period there aze reported two(2)or tain passage, approval and publication of more incidents involving unlawful use or handling resolution for the transfer of said licens of firearms, assault weapons or knives,as defined within the term of the renewed license t in Section 225.01, on any licensed on-sale prem- another person. No license issued upon co - ises, a public hearing shall be conducted by the dition pursuant to this subsection shall b council.Any adverse action may be considered by further renewed unless one or the other the council pursuant to the hearing provisions of the above conditions has been fully me Section 310.05. provided, however, that the council ma (Code 1956, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business which ha 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. not been in full operation during the prio 17172, 10-23-84;� Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises wer No. 17177, 10-23-84; Ord.No. 17229, § 1,4-15-85; acquired by eminent domain or under th Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, � threat of eminent domain and the license 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to relocat 17328, § 2, 1-23-86) the business to another location. G�oss reference—Licensing requirements for establishmenrs .�selling nonintoxicating malt liquors, §410.03. (3) Any license which is not renewed pursuan . . to this paragraph (k) or for any other rea �c. 409.07. Hours of sale; Sunday sales,etc. son lapses and may be reissued pursuant 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 licens 8;00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located �vithi between the hours of 1:00 a.m. and 8:00 a.m. on three hundred (300)feet from any public or paro any �veekday. No off-sale shall be made before chial school, church or synagogue, said three hun 8:00 a.m. or after 8:00 p.m. of any day escept dred (300) feet being calculated and computed as off-sale shall be permitted on Friday and Satur- the distance measured from the property line o day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the location New Year's Day, January 1; Independence Day, for the liquor license to the property line of any July 4;Thanksgiving Day; or Christmas Day, De- school, church or synagogue in the area for which cember 25; but on the evenings preceding such the license is sought. days,if the sale of liquors is not otherwise prohib- � Any licens�s in force aad effect on Noyember ited on such evenings, off-sale mao be made until 10, 1962, the location of which license is in con- 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may be renewed, on December 24 after 8:00 p.m. transferred or otherwise dealt with in accordance (b) Sunday sales: with law, it bsinb the intent of this pazab agh �1) Notwithstanding the provisions of paragraph that it be applied prospectively for proposed loca- tions of licenses, and further it being the intent of (b), establishments to which on-sale licen- this paragraph that the limitations set forth in ses have been�issued or hereafter may be this paragraph shall in no manner be applicable issued for the sale of intoxicating liquors to any hotel or motel.Upon written petition signed which are hotels or restaurants and which on behalf of the school, church or synagogue lo- have facilities for serving no fewer than cated within three hundred (300) feet of the pro- fifty (50) guests at one time may serve in- posed location of the license,the council may by a ��ting liquors bet�veen the hours of 10:00 five-sevenths vote disregard the provisions of this a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a church, conjunction with the serving of food,but no school or synagogue of a proposed license is liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.1 177 $409.07 LEGIS ATNE 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�ne(21)years of age or to one obvi- (2) It is unlawful for any such establishment, ously intoxicated or to any person to whom - directly or indirectly,to sell or serve intox- such sale is prohibited by any law of this icating liquors as provided in subparagraph �te or ordinance. Proof of age for purchas- (1) above without having first obtained a ing or consuming alcoholic beverages may special license therefor. Such special license be established only by a valid driver s li- may be issued by the council for a period 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)yeazs old. (c) No consumption or display cuhen prohibited (3) No sale shall be made in any place or in No person shall consume or display or allow con- sumption or display of liquor upon the premises P� of a building where such sales are of an on-sale licensee at any time when the sale of prohibited by state law or this chapter. 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,except persons under eighteen(18) cense may once a year during the Christmas sea- Years of age may be employed as musicians son have a private party at no charge to the guests or in bussing or washing dishes in a res- after the lawful closing hours; provided, that a taurant or hotel that is licensed to sell in- written request for said party is submitted to the toxicating liquor and may be employed as 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 no sales as defined by law of intoxicating that the person under the age of eighteen liquors or nonintoxicating malt liquor shall be �18��ay not serve or sell any wine. made at or during said party.The inspector shall (5) Every licensee is hereby made responsible notify the chief of police of the date of each pro- for the conduct of his place of business and posed party. required to maintain order and sobriety in (Code 1956, § 308.20; Ord. No. 16815, 7-23-81; such place of business. Ord.No. 17037, 6-30-83; Ord.No. 17162,9-27-84) (6) No licensee shall keep, possess or operate, Sec. 409.08. Regulations generally. or permit the keeping,possession or opera- _ tion of, on any licensed premises or in any All licensees hereunder are hereby required to room adjoining the licensed premises any observe the following regulations; provided, ho�v- slot machine, dice or any gambling device ever that any such regulation which spec�cally or apparatus, nor permit any gambling refers to an on-sale licensee shall not bind an therein(whether or not licensed by the state), off sale licensee, nor shall any regulation which nor permit the licensed premises or any specifically refers to an off-sale licensee bind an room in the same or in any adjoining build- on-sale licensee: ing directly or indirectly under his control (1) All sales shall be made in full view of the to be used as a resort for prostitutes or public, other disorderly persons, except that pull- Supp.No.1 21 LICENSES §409.08 tabs and tip-boards may be sold on lice sed tions until one hour after the parade, to premises when such activity is license by ensure that patrons do not enter or exit the state pursuant to Minnesota Stat tes, with beer or intoxicating liquor. Chapter 349, and conducted pursua to regulations contained in this Legisla ive (11) There shall be provided in all zoning dis- Code. This exception shall not apply t es- tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city for the street pazking spaces for all on-sale prem- sale of nonintoxicating malt beverages, on- ises as provided herein: intoxicating malt beverages and wine, nd nonintoxicating malt beverages and ine a. �ansfer or new issuance to a struc- as menu items only. ture newly constructed for that purpose, off-street pazking at the rate of one Notwithstanding other provisions of is space for each forty-five(45)square feet Legislative Code to the contrary, the co n- of patron area. cil may permit an on-sale licensee to er- b. 'I�ansfer or ne�v issuance to an esist- mit the holding of a single event, such a ing structure not previously licensed banquet, that includes the sale of r e for on-sale purposes during the twenty- tickets as a part of the event activity; o- four (24) months preceding the appli- vided, that such events are separate fr m cation, off-street parking at the rate of the public areas of the licensed establi h- one space for each forty-five(45)square ment, nor open to the general public, d feet of licensed patron azea minus the the raffle conducted by a charitable or a- number of off-street parking spaces niaation licensed by the State of Minneso a. which would be required for the previ- (7) No dancing wherein the public participa s, ous use of the same area under the and no dancing, singing or other vaudevi le existing zoning code provisions. Exist- exhibitions or entertainment shall be p r- ing pazking which previously served mitted on the premises of any on-sale i- the same area shall not be counted to censee unless such premises are duly lice meet the requirements unless any are for entertainment. in excess of what would have been re- �quired for the previous use. No addi- (8) The license issued to said licensee shall e tional off-street parking shall be required posted in a conspicuous place in that p - if the number of additional spaces re- tion of the premises for which the licen e quired is five (5)or fewer spaces. has been issued. c. Expansion of licensed area, off-street parking at the same rate as transfer or (9) No person shall remain in or loiter in t e new issuance to an existing structure parking lot of an on-sale licensee after t e not previously licensed for on-sale pur- lawful closing hour. poses, plus twenty-five (25) percent of (10) When a licensee is notified by the poli e any parking shortfall for the existing department that a parade will be held wi licensed area. "Parking shortfall" shall one block of the licensee's establishmen , mean the difference between one space all beer and all intoxicating liquor or li - for each forty-five (45) square feet of uid of any type sold during the entire da patron floor area for the e.�asting licensed of said parade shall be sold only in plast' azea minus the number of parking spaces or paper containers. In addition, upon r - actually provided for that area. ceiving such notice,the licensee shall plac d. "Patron area" shall mean to include a person at each entrance and each exit all areas used by the public, and ex- the establishment at least one hour prio cludes all areas used exclusively by em- to the time of parade, and the licensee sh ployees for work,storage or office space. require a person to remain at those loc Supp.No.1 2179 §409.08 LEGIS TNE CODE e. Modification of parking requirements: ing off-street pazking facilities which serve 1. The council may modify the off- the building shall be provided with a vi- street parking requirements con- sual screen where the parking facility ad- tained in this section upon appli- joins or abuts across an alley any residen- � cation made for that purpose and tial use or residential zoning district. The upon findings made by the council screen shall be between four and one-half that granting of such modification (4'/�)and six and one-half(6'/z)feet in height would not have a substantial det- and of sufficient density to visually sepa- rimental impact on the surround- rate the parking facility from the adjacent ing neighborhood. Modification, if residential use district.The screen may con- granted, shall be by resolution sist of various fence materials, earth berms, adopted by at least five (5) �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 Ord.No. 17460, § 1,5-28-87;Ord.No. 17473, §§ 1, of an administrative processing fee 2, 7-7-8?) for parking modification applica- . tions. Applications and fees shall Sec. 409.09. Certain sexual conduct prohibited. be made to the license inspector. �e following acts or conduct on licensed prem- 3. In granting any modification, the ises are unlawful and shall be punished as pro- council may attach reasonable con- vided by Section 1.05 of the Saint Paul Legisla- ditions regarding the location, de- sign, character and other features tive Code: of the licensed structure and park- (1) To employ or use any person in the sale or ing azea deemed necessary for the service of alcoholic beverages in or upon protection of the adjacent neigh- the licensed premises while such person is borhood. unclothed or in such attire,costume or cloth- 4. Off-street modifications shall remain ing as to expose to view any portion of the with licensed premises so long as female breast below the top of the areola or the 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 pro- _ 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 - � • LICENSES §409.10 (2) To employ or use the services of any host- d. Scenes wherein artificial devices or in- ess while such hostess is unclothed r in animate objects are employed to depict, such attire,costume or clothing as des 'bed or.drawings are employed to portray, in subparagraph(1)above. any of th�prohibited activities described above. (3) To encourage or permit any person o the (Code 1956, § 308.23(11) licensed premises to touch,caress or f ndle the breasts, buttocks, anus or genit s of Sec. 409.10. Restrictions on licenses. any other person. When a reasonable basis is found by the coun- (4) To permit any employee or person to ear cil to impose reasonable restrictions upon a li- or use any device or covering espos d to cense held under this chapter, the council, upon view which simulates the breast, gen' als, issuing a new license or renewing a license or anus, pubic hair or any portion thereo . approving a transfer of a license, may impose reasonable conditions and restrictions pertaining (5) To permit any person to perform acts f or to the manner and circumstances in which the acts which simulate: business shall be conducted to preserve the public .•peace and protect and promote good order and _ a. With or upon another person se ual security. These reasonable conditions or restric- intercourse, sodomy, oral copula 'on, tions may pertain to: flagellation or any sexual act whi is prohibited by law. (1) A limitation as to the hours when intoxi- b. Masturbation or bestiality. cating liquor may be sold and/or consumed c. With or upon another person the to ch- on the licensed premises; � . ing, caressing or fondling on the ut- (2) A limitation and restriction as to the eYact tocks, anus, genitals or female bre st. location within a building where intoxicat- d. The displaying of the pubic hair, a us, ing liquor will be served and/or sold and/or vulva, genitals or female breast be ow consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use artificial d vi- of ingress to or egress from the licensed ces or inanimate objects to depict an 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 exposes to p b- (5) A condition that the license will be in ef- lic view any portion of his or her geni ls 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 s, tions adopted pursuant thereto; electronic reproduction or other visual e- (6) A limitation and restriction as to the means productions depicting: and methods of advertising the sale of in- a. Acts or simulated acts of sexual in r- toxicating liquor on the building and/or on course, masturbation, sodomy,best' 1- the premises adjacent thereto; ity, oral copulation,flagellation or y (7) Reasonable conditions limiting the opera- sexual act which is prohibited by la . tion of the licensed premises so as to en- b. Any person being touched, caressed or sure that the licensed business will com- fondled on the breast, buttocks, a s port with the character of the district in or genitals. • which it is located and/or to the end that c. Scenes wherein a person displays t e nuisances will be prevented. vulva or the anus or the genitals. (Code 1956, § 308.11(b)) Supp.No.4 . 2181 - � �� 7�i §409.11 LEGISLATN CODE Sec. 409.11. �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 neYt 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 transfer or change of such liquor on a part of such premises not in licensed area, the department shall notify by specified in the license; provided, however, that mail all owners and occupants who own property the council may, by resolution, grant the right to or reside within three hundred fifty (350) feet of , use such other portions of the premises for such the establishment to which the license is to be _ sales. transferred or area changed, and all community . The transfer of stock in any corporate license organizations that have previously registered with shall be deemed a transfer within the meaning of said department to be notified of any such appli- cation, of the time, place and the purpose of such this section, and no such transfer of stock shall be hearing, said three hundred fifty (350)feet being made without the consent of the city council. calculated and computed as the distance measured It is hereby made the duty of the officers of any in a straight line from the property line of the corporation holding a licznse 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 o the council's committee designated to hear li- council given in the manner above set forth. The ense 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- as sent, and certification of such list by the cient cause for revocation by the council of any epartment shall be conclusive evidence of such license granted to such corporation under the au- otice.A transfer or change in licensed area under thority of this chapter. his section only becomes effective upon compli- Such corporate o�cers shall also notify the city nce with this section and consent of the council council whenever any change is made in the offi- Y resolution.The failure to give mailed notice to cers of any such corporation, and the failure to so wners or occupants residing within three hun- red fifty (350) feet, or to community organiza- notify the council shall likewise be suff"icient cause ions, or defects in the notice, shall not invalidate :or revocation of any liquor license granted to he transfer provided a bona fide attempt to com- such corporation. ly with this section has been made. A bona fide Notwithstanding the pro�isions of this section, ttempt 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- nly one notice need be mailed to each house or ments pertaining to stock ownership and stock ach rental unit within a multiple-family dwell- transfer by furnishing the council with the names ng 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 hall not be applicable where the license is to be An application for the transfer of such a license ransferred to a place located within the down- .=ha11 be made by the !ransferee upon forms fur- own business district. For purposes of this sec- �ished by the division of license and permit ad- ion, downtown business district shall include all �ninistration of the department of finance and hat portion of the City of Saint Paul lying within Supp.No.4 2182 ICENSES §409.13 and bounded by the following streets: Be;innin from place to place into a liquor patrol limit sub- at the intersection of Shepard Road with Ches ject to all the restrictions and requirements of nut Street, Chestnut Street to Pleasant Avenu , Section 17.0?.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg Stre t to Stunmit Avenue,Su.mrrut Avenue to Tenth Stree , �d) Notwithstanding the foregoing, no licensee Tenth Street to Interstate Freeway 94, Intersta shall be allowed to change the location of the Free��ay 94 to Lafayette Bridge, Lafayette Brid licensed premises for on-sale intoxicating liquor to where the bridge crosses over Warner Roa , (Place to place transfer) to any location within a �Varner Road to Shepard Road, Shepard Road one-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 t ises, unless his or her previous location is within Saint Paul Legislative Code, no on-sale licen one-half mile of the new location and the previous shall be transferable from person to person; pr - location was acquired or condemned by a body _ vided, however, that until December 31, 198 , having the power of eminent domain, or the pre- such license may be transferred from person vious location was destroyed or made unusable by person if the following requirements are met: fire or natural disaster, or the lease for the previ- ous location expired and the landlord was unwill- (1) The consideration for the transfer, wheth f ing to renew it. This paragraph does not apply if espressed as payment for the license or f the proposed new location lies �vithin a designated the transferor's consent to the transfer,sha 1 commercial development district. not exceed the license redemption val (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; under Section 409.19 at the time the tran - Ord.No. 17173, 10-23-84; Ord.No. 17177, 10-23-84; . ' � fer is approved; Ord. No. 17551, § 5, 4-19-88) • _ � (2) The transferee may operate said on•sal Sec. 409.12. R.evocation;suspension;fine. license for the twenty-four-month period ne. following the approval of the transfer onl Any license or permit under this chapter may in a commercial development district be either suspended for up to sixty (60) days or defined in Section 1i.07 of the City Cha - revoked or a civil fine imposed not to exceed two ter; and thousand dollars(�2,000.00)for each violation on a findino by the council that the license or permit (3) The on-sale licensed business of the tran - holder has failed to comply with an applicable feror has for the six (6) months precedin statute, rule or ordinance relating to alcoholic approval of the transfer discontinued i beverages. No suspension, revocation or fine shall . operation or closed 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-sale 1 - Section 310.05 of this Code. cense shall be transferable from person to perso . (Code 1956, § 308.14; Ord.No. 17522, § 1, 12-24-87; Ord. No. 17551, § 6, 4-19-88; Ord. No. 17574, § 1, fc) Not�vithstanding any other provision in t 7-12-88) - Saint Paul Legislative code, an on-sale licen • may be transferable from place to place withi �c. 409.13. Inspector's duties. one liquor patrol limit as defined in Section 17.0 of the Cit}� Charter, and from such liquor patr 1 It is hereby made the duty of the inspector to limit to any location in a commercial developme see that no applicant for any license hereunder district, also as defined in said section of the Ch - begins to operate such business until the license ter, so long as the transfer and new location me has actually been issued to such applicant so to all the requirements of law, ordinance, Code do by the inspector. Ctisrter. t�n crz-salz lic?r.se may be transferabl (Code 1956, § 308.21) Supp.No.5 2183 �.� � , �9�� 4 409.14 LEGISLAT E CODE Sec. 409.14. Owner's responsibility. seventy-five dollars ($875.00) payable in two (2) equal amounts, the first to be paid before the (a) Any act by any clerk, barkeeper, agent, ser- license is issued or renewed, the second payment vant or employee of any licensee hereunder, in to be made within six (6)months from the date of violation of this chapter, shall be deemed the act issuance or renewal. Where a transfer of a license of the employer and licensee of such place as well �s approved by the council, the fee to be charged as that of such clerk, barkeeper, agent,servant or shall be the prescribed annual fee less a credit employee, and every such employer and licensee �ven for each month or portion of a month re- shall be liable to all the penalties provided for the maining of the original term. The licenses shall violation of same equally with the clerk,barkeeper, be valid on all days of the week consistent with agent, servant, or employee. the hours of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a clerk, All other provisions of this chapter shall be appli- barkeeper,agent,servant or employee made in or cable to such licenses and licensees unless incon- from any place duly licensed to sell nonintoxicat- sistent herewith. � - ing malt liquor but not duly licensed to sell intox- (c) Public hearing; notices No new on-sale wine icating liquor shall be deemed the act of the em- license shall be issued, nor any existing license ployer and licensee, as well as that of the person transferred from place to place, until the council actually making the sale, ar�d every such employer shalI have first held a public hearing on the ap- and licensee of such place shall be liable to all the plication. The notification requirements applica- penalties provided in this chapter for such sale, ble to transfers or change in licensed areas in equally with the person actually making the sale. Section 409.11 shall be applicable to the issuance (Code 1956, §§ 308.24, 308.25) of new on-sale wine licenses or transfers from place to place. Sec. 409.15. On-sale wine licenses. � � (d) On-sale matt beuerages. A holder of an on- � (a) Def nitions. The following definitions shall sale wine license issued pursuant to this section apply to this section: who is also licensed to sell on-sale nonintoxicat- ing malt liquor and whose gross receipts are at (1) Restaurant shall mean an establishment least sixty (60)percent attributable to the sale of ' under the control of a single proprietor or food may be permitted by the city council to also manager, having appropriate facilities for sell intoxicating malt liquors at on-sale in con- serving meals and for seating not fewer junction with the sale of food �vithout having to than twenty-five (25) guests at one time Pay any additional license fee. Such authoriza- and where,in consideration of payment there- tion, if approved by the council, shall be noted for, meals are regularly served at tables to upon the licenses issued by the inspector. This the general public, and which employs an provision is enacted pursuant to authority granted adequate staff to provide the usual and suit- by Minnesota Statutes, Section 340A.404(5). able service to its guests. (Code 1956, § 308.27; Ord. No. 16912, 4-22-82; (2) On-sale wine licerzse shall mean a license Ord. No. 17247, § 2, 6-6-85; Ord. No. 17328, § 3, authorizing the sale of wine not exceeding 1-23-86; Ord. No. 17491, § 1, 9-16-87) ' fourteen(14)percent alcohol by volume,for consumption on the licensed premises onl��, 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 licenses may be issued, subject to the ap- of licenses under this chapter which have reverted proval of the liquor control commissioner, to the to the City of Saint Paul for any reason,including proprietor of any iestaurant as defined in this revocation, the death of the licensee, or lapse of section and without regard to Section 409.03 lim- the license by failure to renew.This section is not itations. The license fee shall be eight hundred applicable to renewals or transfers of licenses. Supp.No.5 218 ' LICENSES �409.16 - (b) Special issuance excise tax—Off- le: tomarily placed on transfers between pri- (1) The council shall condition the ssuance or - vate parties, rather than to confer it upon re-issuance (hereafter, "issuan e") of a li- one licensee as a windfall benefit. cense under this section upon ay ment of (c) Special issuance tax—On-sale. the special issuance tax in ad 'tion to all other requirements of this chap er and this �l) 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 an amount suance") of an on-sale license under this equal to the fair market valu of the li- section upon payment of a special issuance cense as defined in subparagra (3)of this tas determined in accordance with this sub- subdivision. division, in addition to all other require- (3) A license issued under this c apter and ments of this chapter and this section. The � this section is a privilege acco ded to the proceeds of such ta.�c shall be used for the licensee to engage in the activi ies permit- redemption of licenses under Section 409.19. ted thereunder,and is neither p operty nor , �e terms "issuance or reissuance," as used a property right. The phrase " ir market in this subdivision, do not include the issu- value," therefore, means, for t e purpose ance of an on-sale license as an absolute �r\ of this section, the pecuniary va ue custom- first priority under paragraph (e) of this T� arily placed upon the consent f a license section, an d no suc h tax wi l l be impose d holder to the transfer of his lic nse by the thereon. � parties to such a transfer as a horized by (2) The special issuance tax shall be an amount .. : this chapter and Section 310.1 The value determined by the following schedule: , '� of such a consent necessarily oes not in- clude real property, fixtures, quipment, a. From August 1, 1984 through January inventory, good will or any oth r assets. 31, 1986—�40,000.00; b. From February l, 1986 through Janu- (4) Such fair market value, as def ed in sub- ary 31, 1987—�36,000.00; paragraph (3), shall be determ ed by mo- c. From February 1, 1987 through Janu- tion agreed to by a majority o the mem- ary 31, 1988—$32,000.00; bers of the council after th council's d. From February 1, 1988 through Janu- committee designated to hear 1 cense mat- ary 31, 1989—�28,0OO.OU; ters takes testimony at a pu ic hearing e. FYom February 1, 1989 through Decem- held before the receipt of any pplication. ber 31, 1989—$24,000.00. Such value may be established b testimony �3) An on-sale license is a privilege accorded to of the inspector regarding re nt license the licensee to engage in the activities per- transfers, and shall be the v ue as rea- mitted thereby,and is neither property nor sonably may be determined on r about the a property right. Such privilege is not im- : time of issuance of such licens under this , section. The council's committe designated pliedly altered by the city s discretionary to hear license matters may al o hear any option to pay a redemption value for out- other relevant evidence. Notice f such pub- standing licenses or by the payment of a lic hearing shall be publishe once in a special issuance tax. Such provisions have newspaper of general circulatio in the city been adopted by the city council in order to not less than ten (10) days pr or to such �e into account the private pecuniary value hearing. customarily placed on the consent of a li- cense holder to the transfer of a license by (5) It is the intent of the council n adopting the private parties to that transaction,said this section to gain for the cit' ens of the transfers now being prohibited by law. City of Saint Paul this value ich is cus- Supp.No.4 2185 §409.16 LEGIS TNE CODE (d) Applications: that fact and the grounds for the recom- (1) The council shall, after determining th mendation and provide them with an op- amount of the special issuance tax, by mo portunity to be heard before the council's tion instruct the inspector to receive appli committee designated to hear license mat- cations for the re-issuance of such license ters before any other action is taken on specifying beginning and ending dates of such re-issuance. The council shall, after period not to esceed thirty(30)days durin 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 form determines that one or more recommenda- and contain such information as the inspe tions for denial are well-founded, the ap- tor may require and shall be accompanie plications involved shall not be included by an application fee of one hundred do - for random selection. - lars (�100.00). Such application fee is i � addition to the proportion of the speci 1 �e) Selection—Off-sale. issuance excise tax required by subparagrap (1) Upon receiving the report from the inspec- (4) of this subdivision, and in addition tor that all the eligible applications have the annual license fee required by Secti -'been received, inspected and investigated, 409.05. This application fee shall be retain and after hearing having considered and ' by the city to defray its expenses hereu - 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 req " e- designated to hear license matters shall by . ments of law and this section, includi g motion set a date for a public hearing at . . inspection of the premises sought to be i- Which an applicant is to be chosen by ran- censed by appropriate officials of the di i- dom selection.All applicants are to be noti- sion of housing and building code enfor e- fied in writing of such date. ment,the division of public health,and e (2) At the public hearing, the secretary of the department of fire and safety services. e council's committee designated to hear li- inspector shall refer each application to e ch cense matters shall place the names of all of the above agencies and to the dep eligible applicants on separate, equal-sized ment of police for their inspection and c- pieces of paper, under the supervision of ommendation, and shall conduct such ot er the council's committee designated to hear investigation of each applicant as may be license matters. Such pieces of paper shall , appropriate.When all inspections have b en be placed in an opaque container from which • made and recommendations received by he one name shall be drawn at random by a inspector, it shall notify the council. member of the council's committee desig- (4) Each application shall be accompanie by nated to hear license matters as designated the deposit of a sum of money equal to en by the presiding officer of the council's com- _ (10) percent of the special issuance ex ise �ittee designated to hear license matters. tax in the form of a cashier's check or c rti- �e applicant so selected shall be announced, fied check payable to the "City of S int and shall be awarded the license, by reso- Paul." lution, upon payment within forty-eight(48) hours thereafter of the remaining ninety (5) In the event either the inspector or o of (90) percent of the special issuance excise the agencies reporting on the applicat ons tax. makes a recommendation that no lic nse �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 applican s of Supp.No.4 2186 � �'�e�r� LICENSES §409.16 excise tax within forty-eight(48)hou s,the ing and serving meals to not less than council's committee designated to h ar li- fifty (50) guests at one time, ranked in cense matters shall select another ap icant the order of such seating and serving in accordance with the procedures i this capacity from the greatest number down section. to fifty (50); (4) The deposit of ten (10) percent of th spe- d. Applicants for the operation of restau- cial issuance excise tax shall be ret ined rants or hotels not covered above,ranked by the city until the license is aw ded, in the order of capacity for seating and after which time the deposits of the suc- serving meals to guests from the great- cessful applicants shall be refunded. the est to the lowest seating and serving event any applicant demands and re ives capacity; and back his deposit prior to the award i the e. All other applicants, in the order by license, the application shall be dee d to date and time on which their completed � have been withdrawn. applications were received by the license inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from the i pec- �. the city may apply for the issuance of a tor that all the eligible applications ave new on-sale license within one year of such been received, inspected and investig ted, redemption. and after hearing having considered and �g� Nonissuance Nothing contained in this sec- determined whose application may f her tion shall obligate the City of Saint Paul, nor be considered despite any adverse re om- imply any obligation,to reissue any licenses which mendation made, the council's comm ttee have reverted to the city. The city council may, designated to hear license matters sh 1 by by resolution, declare that such licenses shall not motion set a date for a public heari at be reissued,specifying any length of time deemed which one or more applicants, depen ing advisable during which no such licenses shall be on the number of licenses to be issued are re-issued. to be chosen according to the prioritie set forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qualified applicants t an communicate with any member of the city council on-sale licenses to be issued,applicants s all regarding any application or applicant for issu- be entitled to receive such licenses acc rd- ance or re-issuance of a license pursuant to this ing to the following order of priority: section unless such communication is made dur- ing the co•.u�se of a public hearing before the coun- a. As an absolute first priority, an a pli- cil's committee designated to hear license mat- cant who purchases an existing si- ters held pursuant to this section. ness having an on-sale license with the intent of operating said business at the (i) Neighborhood Bettermerzt Fund A Neighbor- same location for at least one ear hood Betterment Fund is hereby established, to � thereafter; which ten (10) percent of the proceeds of the spe- b. Applicants for the operation of res au- cial issuance tax are hereby appropriated. Such rants capable of seating and ser ing fund shall be used to assist the housing and rede- meals to not less than one hun red velopment authority of the City of Saint Paul, (100) guests at one time, ranked in the Minnesota, in the acquisition, clearance or rede- order of such seating and serving ca- velopment of blighted or deteriorated areas and pacity from the greatest number d wn structures in neighborhoods having concentrations to one hundred(100); of businesses licensed for the sale and consump- c. Applicants for the operation of ho els tion of intoxicating liquor on the premises, �•hich having dining rooms capable of s at- acquisition,clearance or redevelopment are hereby Supp.No.4 2187 $409.16 LEGISLATN CODE determined to be for a public purpose. Such pur- nd conditions may limit the dispensing of into:c- poses and uses of the fund may include the acqui- ating liquor to designated areas of the facility. sition of the real or personal property of esisting he department of community services may fix on-sale liquor businesses, and affirmative assis- nd assess a fee to be paid to the general fund in tance of financing of minority-owned businesses e case of Town Square Park and to such special seeking or needing on-sale intoxicating liquor nd as may be designated by the director of said licenses. epartment in the case of Phalen Park Club House (Code 1956, §§ 308.28-303.33; Ord. No. 17172, y an on-sale licensee for each event for which ' 10-23-84;Ord.No. 17176, 10-23-84;Ord.No. 17551, e licensee is engaged to dispense intoxicating § 7, 4-19-88) 1 quor. ( rd. 16812, ?-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation;penalty. c. 409.19. License redemption. - Violation of any of the regulations contained in . Sections 409.08 and 409.09 shall be a misdemeanor The city may, at its option and in its sole dis- and shall be punished as provided by Section 1.05 c etion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. c ived from the special issuance tax are avail- (Code 1956, § 308.23(12)) a le,redeem any on-sale license,with the consent o the licensee, by payment of the redemption Sec. 409.18. Town Square Park; Phalen Park v lue to said licensee.Such redemption terminates Club House. t e license for that license holder, and permits The department of community services may au- t e city at its option and in its sole discretion to thorize any holder of an on-sale liquor license i ue said license in accordance with the require- ents of law and ordinance. The city may not issued by the city to dispense intoxicating liquor r deem any on-sale license which has been re- at any event of definite duration on the public v ked or not renewed for cause. The redemption ' premises known as Town Square Park and Phalen v lue shall be an amount determined by the fol- Park Club House. The event may not be profit making except as a fund raising event for a non- 1 ing schedule: profit organization or a political committee as (a) From August 1, 1984 through January 31, defined in Nlinnesota 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 (c) From February 1, 1987 through January persons attending the event. A licensee's author- 31, 1988—$50,000.00; ity shall expire upon termination of the contracted d) From February 1, 1988 through January event. The authority to dispense intoxicating li- 31, 1989—$40,000.00; quor shall be granted in accordance with the stat- utes applicable to the issuance of on-sale licenses e) From February 1, 1989 through December _ in cities of the first class consistent with Laws of 31, 1989—$30,000; and Minnesota for 1981, Chapter 335 and Laws 1983, � 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 A 1 on-sale licenses which are revoked or not re- are not inconsistent with Laws, 1981, Chapter n wed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispensing re uired by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance with re issued by the city in accordance with law. the terms and conditions prescribed by the de- ( d. No. 17172, 10-23-84) partment of community services and those terms Supp.No.4 2188 LICENSES §409.21 Sec. 409.20. Commercial development di.stri ts. Sec. 409.21. Pull-tabs and tipboards in bars. (a) Commercial development districts,as defi ed (a) On-sale licensees may request permission in Section 17.07.1 of the City Charter, may be af the city council to permit qualified charitable created or expanded by the filing in the o�c of arganizations to conduct la�vful gambling in the the city clerk of a written petition therefor t- form of pull-tabs and tipboards only on the li- ting forth the boundaries of the espanded distr t, censed premises. Application for permission shall and containing the written consent of the o�vn rs be made to the license inspector and payment of of two-thirds of the several descriptions of r al the specified fee. If the application is granted,the estate situate within the new or area of the Y- license shall contain an endorsement specifying panded district, together with the written cons t this approval and the gambling endorsement may of the owners of two-thirds of the several descr - be considered for renewal at the same time as the tions of real estate situated within one hundr d council may consider renewal of the on-sale license. (100) feet of the new or expanded district, a d (b) Gambling endorsements on on-sale licenses - after the �rmative vote in favor thereof by t shall be subject to the following regulations which least five(5)members of the city council. shall be deemed as a part of the license, and failui•e of compliance may constitute grounds for (b) The city council may waive the requiremen =- adverse action as prescribed in the Legislative for consent signatures if the city council sha 1 Code: determine that a hardship exists therefor, and i (1) Only charitable nonprofit organizations such case the council may,on its own,initiate t process of creating or expanding a commerci 1 �'hose primary function is the support of development district. In such case, the aff"irm - athletic activities and serving a majority of the youth from the City of Saint Paul or tive vote of at least five (5) members of the cit contributes a majority of its revenues on council shall be required to create or expand an Saint Paul youth may be allowed to sell such district. pull-tabs and tipboards on the premises. (c) In all such cases, the planning commissio (2) Use of the licensed premises shall be by shall be consulted for advice concerning the pro means of a written lease agreement between posals for consistency with the city's comprehen the licensee and the charitable organiza- sive plan and zoning ordinances, and the plan tion. The lease shall be for a term of at ning commission shall report in writing to the least one year; a copy shall be filed with city council its findings and recommendations. the license inspector, and also a copy must (d) Upon receipt of the report of the plannin be kept on the premises and available for commission, the council's committee designate public inspection upon request. Leases shall to hear license matters shall fix a date for publi be governed by the following: hearing �o consider the petition or proposal to a. Masimum rent that may be charged is create or expand a commercial development dis- one hundred dollars($100.00)per week. trict and afford an opportunity to all affected per- b. Rental payments may not be based on sons to be heard.The city clerk shall cause notice a percentage of profits from gambling. - of the hearing to be published once in the official c. The charitable organization may not newspaper of the city, and mailed notice thereof • reimburse the licensee for any license shall be given by the department of finance and fees or other gambling-related expenses management services to all owners of land within incurred by the licensee. the new or area of the eYpanded district. Pub- d. The only form of gambling that shall lished notice and mailed notice shall be made at be permitted on the licensed premises least twenty (20) days in advance of the public shall be pull-tabs and tipboards approved hearing. by the license inspector. (Ord. No. 17238, § 1, 5-9-85; Ord. No. 17551, § 8, e. Pull-tabs and tipboards shall only be 4-19-88) sold from a booth used solely by the Supp.No.4 89 §40921 LEGI LATIVE CODE charitable organization, and pull-ta s (7) The licensee shall be responsible for the and tipboards shall neither be sold charitable organization's conduct of selling - employees of the licensee nor sold fro pull-tabs and tipboards. The city council . the bar service area. may suspend the licensee's permission to f. The construction and maintenance f allow gambling on the premises for a pe- the booth used by the charitable org - riod up to sixty (60) days for any violation nization shall be the sole responsibi - 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 pe - including the licensee or the charitable or- mitting the licensee to terminate th ganization. A second violation within a lease if the charitable organization i twelve-month suspension, and any additional found guilty of any violation of state o violations within a twelve-month period shall local gambling statutes, ordinances o result in the revocation of the gambling . rules and regulations. permission, and may also be considered by - the council as grounds for suspension or (3) Only one charitable organization shall b revocation of the on-sale liquor license. permitted to sell pull-tabs and tipboards o (Ord. No. 17321, § 3, 12-31-85) the licensed premises of a Class A esta Cross references—Gambling, Ch_ 270; lawful gambling, � lishment, no more than two (2) organiz Ch.402;bingo halls,Ch.403;game rooms,Ch.406. tions at separate times in a Class B esta lishment,and no more than two(2)charitabl Sec. 409.22. Charitable gambling regulations. organizations shall be permitted to sell pull tabs or tipboards on the licensed premise 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 satisfying the 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 qualifications must be complied permit fees,and the only compensation whic with by all such charitable organizations: the licensee may obtain from the charita (a) Must be a nonprofit charitable volunteer ble organization is the rent fixed in th organization whose primary function is the lease agreement. support of athletic activities, including the (5) The licensee must commit to a minimum o following activities: Acquatics, baseball, bas- twenty (20) hours of sales of pull-tabs an ketball, boxing, football, gymnastics, golf, tipboards for the charitable organization. - hockey, skiing, soccer, softball, speed and figure skating, tennis, volleyball and wres- (6) As a qualification `'�r removal of the per- tling. The council may, at its discretion, mission to allow the sale of pull-tabs and include nonprofit charitable volunteer or- tipboards on the licensed premises, the li- ganizations whose primary function is the censee must demor.strate to the license in- support of youth activities other than ath- - spector that at least one thousand dollars letics after an initial six-month period, pro- ($I,000.00) in gross gambling revenues vided such organizations meet al1 other re- weekly are generated in a Class A estab- quirements of the charitable gambling lishment, two thousand dollars (�2,000.00) ordinance. in a Class B establishment, and two thou- (b) Must be a local charity serving youth, a - sand dollars ($2,000.00) per charity in a majority of which are from St. Paul and/or Class C establishment, based on a twenty- spends a majority of its revenues on St. hour-per-week operation. Paul youth. Supp. No.4 190 � . .� ��'�-�7�� .. LICENSES §�09.23 - (c) Must have been in existence for th ee (3) � (r) Shall pay to the city-wide organization des- years. ignated by the city council ten(10)percent (d) May not be supported by a school a letic 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:tpended for such (e) Must file with the license inspector nnu- lawful purposes as specified in Minnesota ally a list containing the names a d ad- Statutes, Chapter 349. dresses of all current members. (s) The charitable organization shall not use a (� Must use gambling proceeds only for outh pull-tab or tipboard which does not return athletic activities. If the organizatio gen- to the players a minimum percentage of erates funds for other uses, it must keep seventy-five (75) percent, nor a maYimum separate and accurate accounting r ords percentage of eighty(80)percent,which per- -- of all gambling receipts and disburse nts. centage shall include free plays awarded. ' (g) Must file financial reports weekly wi the (t) The charitable organization will be respon- license inspector. sible for the booth and other equipment (h) May not have a gambling license in ore ' used in the operation as a deductible es- than two(2)Class A establishments a d no pense of the charity. more than one Class B or Class C tab- (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § lishment in the City of St. Paul. 1, 3-10-88) Cross reference—Lawful gambling,Ch.402. � (i) Must e.�chibit and sell pull-tabs and tipb ards � � in a method as required by the li ense Sec. 409w3. �nd established;administration. inspector. (a) There is hereby established a special fund (j) May be required to demonstrate to th city for the administration and distribution of the pro- council that the majority of their tot 1 in- ceeds contributed by charitable gambling in on- come is given to youth athletic activit es. sale liquor establishments as specified in this chap- (k) Workers or managers may not divulg the ter.bionies in this fund may be expended only for number of or the dollar amount of the in- such lawful purposes as set forth in Minnesota ners at any time. Statutes, Chapter 349, and shall be espended to assist youth athletic organizations which are not (1) Shall not comingle game cards. selling pull-tabs and tipboards in licensed estab- (m) Shall pay employees a minimum wa e of lishments. three dollars and thirty-five cents (� .35) (b) The city council shall appoint a city-wide per hour (federal minimum wage) an no charitable organization and youth or adult repre- more than five dollars ($5.00)per hou sentatives from each 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-wide charitable organization and (o) Gambling manager's compensation shal not representatives, shall by resolution adopt rules exceed fifty dollars($50.00)per week. and regulations governing the administration of (p) Shall reg-ister with the state gambling b ard the fund, eligible applicants and appropriate uses all equipment and supplies used in li- for the funds.These rules shall include the following censed on-sale liquor establishment. (1) Applicants for funding must be incorporat- (q) Shall post in a conspicuous place rules nd ed, nonprofit organizations formed for the regulations concerning charitable gam ing P'�"Pose of supporting youth sports and ath- as required by the license inspector. letic programs. Booster clubs organized for Supp.No.4 2191 §40923 LEGISLA NE CODE a recreation center or a specific sport may (4) Gambling managers may not receive more be eligible, but organized school teams, than fifty dollars ($50.00)per week for com- whether public or private,will not be eligible. pensation for services as a 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 include state charitable gambling laws, city (3) Funds may not be used for capital espens- charitable gambling ordi,.ances, accounting es, nor for salaries or travel espenses, but procedures, record keeping and reporting may be expended for an individual or team procedures and methods. representing the city or state in a state or national championship tournament. (Ord. No. 17321, § 6, 12-31-85) (4) No organization operating charitable gam- Sec. 409.25. Temporary wine and liquor li- . bling in the State of Minnesota will be eli- censes. gible to receive funds. . (a) Wine licenses. Notwithstanding any other _ (5) Funds will be awarded on a matching basis provision of this chapter, a bona fide nonprofit only. charitable, religious or veterans organization may (6) Organizations receiving funds shall file�vith obtain on-sale license to sell wine not esceeding the city financial reports showing how the fourteen (14) percent alcohol by volume for con- funds were expended and for what purpose. sumption on the licensed premises only. The fee No additional grants w-ill be made until for such license shall be one hundred thirty-five the organization has filed such reports of dollars ($135.00) per day, and licenses shall be � previous e:cpenditures. issued for periods not to esceed three (3) consecu- - (Ord. No. 17321, § 5, 12-31-85) tive days. No organization shall be granted more than two(2)such licenses per calendar year. (b) Liqr�or licenses. Notwithstanding any other Sec. 409.24. Gambling managers. provision of this chapter, a club or charitable, No person shall be a manager of any charitable religious or other nonprofit organization in exis- organization selling pull-tabs and tipboards in on- tence for at least three (3) years may obtain on- sale liquor establishments unless licensed by the sale license to sell intoxicating liquor for consump- city as provided herein and compliance with the tion on the licensed premises only and in connec- following requirements: tion with a social event within the city sponsored by the licensee. The license may authorize on- (1) Application for gambling manager license sales on premises other than premises the licen- shall be made at tl;e office of license in- see owns or permanently occupies. The license spector on forms provided by said off`ice. may provide that the licensee may contract for The annual license fee is one hundred dol- ��xicating liquor catering services with the holder = lars($100.00). of a full year on-sale intoxicating liquor license (2) Gambling managers shall meet all the re- issued by the City of Saint 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 shall be issued for not more sand dollar ($10,000.00) fidelity bond has than three (3) consecutive days. No organization been provided. shall be granted more than two (2) such licenses (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 2 2 LICENSES $410.26 inspector and shall contain such inform tion as subject to the provisions of these chapters govern- specif'ied by the inspector,including the fol �ving: ing Class II licenses.The inspector shall make all (1) The name, address and purpose of the or- referrals as provided by Section 310.03, but the ganization, together with the na es and 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 license license on a timely basis. is sought, together with the plac dates (Ord.No. 17459, § 1, 5-28-87; Ord. No. 17569, § 4, and hours during which wine or in oxicat- 6-7-88) ing liquor will be sold. (3) Consent of the owner or manager of the �c. 409.26. Into�dcating liquor; presumptive premises, or person or group with lawful penalties. T responsibility for the premises. (a) Purpose. The purpose of this section is to - (4) Evidence that the applicant has o tained establish a standard by which the city council determines the length of license suspensions and and has in force a bond in accordan e with revocations, and shall apply to all on-sale and Section 409.06(j), and liability insur nce in : of�sale licensed premises. These penalties are pre- accordance with Minnesota Statute 1986, sumed to be appropriate for every case; however, Section 340A.409. the council may deviate therefrom in an individ- (d) Application of other prouisions of thi cha,o- ual case where the council finds and determines ter. No other provisions of this chapter shal apply that there esist substantial and compelling rea- to licenses granted under this section, esce t Sec- sons making it more appropriate to do so. When � tions 409.06, 409.07, 409.08 texcept claus s (11) deviating from these standards the council shall �. and(12)), and Sections 409.09 through 409. 4. provide written reasons which specify why the penalty selected was more appropriate. (e) Class II Zicense. Notwithstanding an other provision of law to the contrary, the tem orary (b) P�'esumptive penalties for uiolations. Adverse wine and liquor licenses provided in this ction penalties for convictions or violations shall be shall be administered as a Class II licens , and presumed as follows: Type of Violation Ist Violation 2nd Violation 3rd Violation (1) Commission of a felony related to the li- Revocation NA NA censed activity (2) Sale of alcoholic beverages while li nse is Revocation NA NA under suspension (3) Sale of alcoholic beverages to un er-age 5 consecutive Revocation NA person days suspension - (4) Sale of alcoholic beverage to into icated 5 consecutive 15 consecutive Revocation person days suspension days suspension (5) After hours sale or display of al oholic 3 consecutive 9 consecutive Revocation beverages days suspension days suspension (6) Refusal to allow city inspectors or police 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 � LEGISLA E CODE Type of Violation 1 st Violation 2nd Violation 3rd Violation (8) Permit person to leave premises with alco- 3 consecutive 9 consecutive Revocation holic beverages days suspension days suspension � (9) Failure to make application for license re- 15 consecutive 45 consecutive ftevocztion newal prior to license espiration date days suspension days suspension (10) Violations of city ordinances pertaining to 5 consecutive 15 consecutive Revocation fire or building or health codes days suspension days suspension (c) Compufatiorz of time. For the purpose of de- (c) Off-sale licenses shall permit the licensee af termining the number of occurrences of violations, such nonintoxicating malt liquors to sell same in _ the council shall consider a violation as a second original packages for consumption off the prem- - occurrence if it occurred within eighteen(18)cal- ises only. _ endar months of the first violation, and shall con- (d) Nothing herein contained shall be construed sider a violation as a third occurrence if it oc- to prohibit the sale and delivery in original pack- curred within thirty (30) calendar months of the ages directly to the consumer by the manufac- second violation. turer or distributor of nonintoYicating malt liquors. (d) Other penalties. Nothing in this section shall restrict or limit the authority of the council to (e) No off-sale license shall be issued for any suspend up to sixty (60) days, revoke the license, Place where nonintoxicating malt beverages shall impose a civil fine not to exceed two thousand be sold for consumption on the premises. dollars(�2,000), to impose conditions or take any (fl. "Nonintoxicating malt liquor" is any fer- other adverse action in accordance with law; pro- mented malt liquor, potable as a beverage, con- . vided, that the license holder has been afforded taining not less than one-half of one percent('/z of an opportunity for a hearing in the manner pro- 1%) alcohol by volume nor more than three and vided for in Section 310.05 of this Code. two-tenths(3.2)percent alcohol by weight. (Ord. No. 17556, § 1, 4-28-88) (Code 1956, §§ 310.01, 310.17, 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 malt 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 licensee off-sale license, and the inspector shall thereupon j for the sale of said nonintoxicating malt liquors deliver to such applicant duplicate receipts there- to sell such for consumption on the premises. On- for, containing a statement of the purpose for sale licenses shall be granted only to restaurants, Which such deposit was made, and one of said . hotels, bona fide clubs, establishments for the ex- receipts shall be attached to and filed with said clusive sale of nonintoxicating malt beverages and application. establishments licensed for the exclusive sale of (Code 1956, § 310.03; Ord. No. 16843, 10-20-81) intoxicating liquors. ' Sec. 410.03. Licensing requirements. •Cross references—Liquor and beer regulations general- ly, Title XXN; intoxicating liquor,Ch. 409; use of beer and (a) Application. Any person desiring either of intoxicating liquor prohibited in motion picture drive-in thea- the licenses as hereinbefore described shall first tres, §416.os(b). make an application therefor to the council of the Supp.No.4 219 WMITE — CITY CLENK P/NK — FINANCE • COl1I1C11 �-� � e�UERr�TAAYORTMENT GITY OF SAINT PAUL File NO. � �` � � 'r� �� City� Att�v/�'B�i _ • . ' 0� in�nce Ordinance N0. l7l0/ ,'i Presented By •.�' - =�' `�y ` - , = a �— /�/ / Referred To � � Committee: Date Out of Committee By Date ., . . :.;;;�r A►-� o dina_nce �e?e:}.ding sec*ia�as . , 4G4,10, 4 �?.Zi, 40�.2^_- and 4fl9.23 of � - • . t:�e Saint aul �e�isZative Code to �rovide fo furt�er re.�ulatian o� the conc�u�t of laz:ful g�blir; on licer_�ed �r�nis�.s �. �n priv3te clubs . TI� ��T�i:�y�IT� QI' T'-� CIiY OF SA i3 i PAZ?L �OT:S rJRDAI;7: • Sect?on I. Sec�ton 409.21{��) (I} of e Saint Paul Legislative Code is =_��reby a.�.ended to rea� as fol's. c��s : iI) Onl; c�arita�I` r•onn of_� organ�zativns licer_sed � b� t��e G�ate of '-linr_esota to o��rate ti�Uo�r3s a� �u tar�s �. ese ��:�e� xn �e��eP �s t�e e��ex�-s= . 2zF!`8�=£ Be��Y��se9 e3.�G S �'b*?�R.t 3 f98�E3��ztf et cl?£ $9tt��? �x6fl �r�.8 S��j� 9i �� 3� �3t3� 0i= @6A��?�f3Y3$3S 8 �e�9�i�� 8£ ��s ��ea�as z� ��A� FBt�� ge�� 3 r �+e a1lotJed to se13 �ulltz:�s nci ti�boar�s on the lic�nsed �re�ises . Section 2. Section 4��.�I of the Sain Paul Le��slative Co�Y �� ner�by a.��r.de� hy addin; at the �d tz reo� neT� s�s�sections (c) (') , {c) �2) .�nd (c) (3) to r�a<3 as �o?Io s : COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g In Favor Goswitz Rettman Scheibel A g8i R S t BY Sonnen Wiison Form Approved by City Attomey Adopted by Council: Date CP•tif?`ed Passed by Council Secretary By .ry Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � � �'d'"-.�� : �7(/3 -2a- "(c) (1) rlotwithstanding an other provision o.f law or - of �sections 409 . 21 and 409 22 of this chanter, not more than five (5) charitable n nprofit organizations z•�hich qualify as ' large organiza ions ' may be permitted to conduct la�aful gamblin� in the form of pull-tabs and tipboards on licensed prem' ses after r.ieeting all other . requirements of chapters 3 0 and 409 of the Saint Paul Legislative Code and of an other a�plicable statute, � regulation or ordinance. e term ' large �organizatiorz' for the nur�ose of this ch ter shall mean and include - any charitable nonprofit o anization �ahich has the ' size and resources , as �vell as the public �acceptance and drawing power, sufficie t to dominate in the com- petition for licensed premi es in which to conduct charitable gambling so as t make it difficult or im- possible for small charitab e nonprofit organizations to find suitable or desirab e premises in which to raise funds by charitable g mbling. An cYiaritable non�rofit organization (i) hose annu�ross revenues for the immediatel ast i cal or ca en ar year trom - . a sources are in excess o , , or ii w ose . annua manaaement an a r.iin strative expen itures or its current budget year are in excess o , , , , or iii ttiTenty- ive percen o or more o �a ose net nro zts rom c arita e gam ing are or ave een istri ute in at east t r e o t e ast ive vears to anot er nonpro it or c a ita e organization o t� ic it is a oca c apter or su si iary, s a e �resume to e a arge corn ration. e computatiori o t e a ove o ar amounts s a e the total for both the charitable nonprof t organization in question and any other such organization, if such other organization: (i) has the power to app int a majority of the governing body of th organization in : question; • (ii) has or exercises t e authority to direct or control the wo of the officers or employees of the orga ' zation in question; (iii) provides half or mo e of the gross � revenues of the organizat' on in question; or � �`,� ��/� . �'�'-�=�• � - , iy�i...3 -2b- (iv) franchise or charters the organization in question, or p rmits the organization in question to use its narn and/or organizational symbols in the conduct of he fund-raising activities of the organization in question. (c) (2) No endorseme t to the on-sale license shall be � granted to any on-s le licensee for a larpe organization until thirty (30) d ys after the �effective date �of this ordinance. If ther are more than five �qualified - applicants for such ndorsement , the coun��l shall by " motion set a future egular council meeting date at which five such appl cants shall be selected for the issuance of the liqu r endorsemerits authorized herein. Such selection shall e bv lot �in accordance with the procedures indicated n section 409 . 16(e) (2) (excepting the paymerit of the sp cial issuance �excise tax) . Not less than thirty (30) days after one of such �eridorse= ments is revoked, deni d or lapses for any reason, the Council may establish date for random selection among __ other�aise qualified ap licants as provided above. If � the number of applican s at any time is equal to or less than five, or less than the number needed to bring the total of such endorseme ts issued to five, then the Council may issue such ndorsements in the regular manner. (c) (3) The large organiz tions authorized to o�erate �in on-sale licerised premise as provided for in this sub- section (c) shall be req 'red to comply �aith all appli- cable requirements of la and of sections 409 .21 through 409. 23 , includin� the pa ent of 10% of their net profits from selling of pull-tabs as provided by section 409 . 21(r) . " S ction 3 . - The existing section 409 . 21 (a) of the �Saint �Paul Le�islative Code is herehy renumbered to be ead as section 409. 21(a) (1) , and the following ne�i section 409 .21 a) (2) is hereby adopted: �7111 �e%_ . � � � �'�''-�-�-v � � /7G�3 �1'>�'- i��/ -3- "(a) (2) In the event the pe ission of any charit- - able nonprofit organization o conduct lawful gambling on the licensed pre ises is terminated by the licensed establishment o whose vremises the organization was . conducting aid gambling, or in the event such organization erminates its lawful gambling, as a result of coe cion, pressure or � unreasonable or unlawful con uct by the licensee or its employees , the on-sal licensee shall not be able to make application� or_ a gamblin; endorse- _ ment for a new charitable ,no profit organization - to take the place of the fo er organization until one year after discontinuanc of all gambling activity on the licensed pre ises by the former organization. " _ Sect on 4. Section 409. 22 of the Saint aul Legislative Code is hereby _ amended by deleting subsections ( ) , (b) , (f) and (j) ; b� renumbering the� remaining subsect' ons in� said section 409 . 22 ; and by adding a ne�a subsection to reacl as follows : " ( ) Shall expend �at least �f' ftv-�one bercent �or more o its net procee s rom cha itabl�e amblin �at Saint Paul locations to or for ur ses which berie it pro- rams or activities occurrin in Saint Pau or w ich directly bene it �substantial umbers o Saint Pau resi ents . Sect'on 5 . Section 409 .23(a) of the Sain Paul Legislative Code is hereby amended to read as follows : " (a) There is hereby establis ed a special fund for � the administration and distri ution of the proceeds contributed by charitable gam ling in on-sale liquor establishments as specified i this chapter. Monies � 11�� . . ��-�"a`-�� . ,� - /76/3 -4- in this fund may be expended only for such lawful purposes as set forth in Mi esota Statutes , Chapter 349 , and shall be expended t assist youth a�k�e�}e organizations which are not elling pull-tabs �and tinboards in Iicensed establ shments . " Sec ion 6 . Section 409. 23 (b) (1) of the aint Paul Legislative Code is - herebv anended to read as follows : "(1) Applicants for funding ust be incorporated, nonprofit organizations form d�for the purpose of supporting youth sse��s aa� �k�e��e programs . Booster clubs organized for recreation center or a s�ecific sport may be e igible, but organized school� tear:is , whether public or private, will not be eli�ible. Evidence that n orp�ariization has ._ • � beeri recognized b t e IRS a exemnt rom taxation � nursuant to U. S . C. §501 o is usin an organi- zation so reco riized as a i ca a ent sha e accepte as nroo that it is a non ro it �or ani- zation; ut suc evi ence is not t e exc usive � metho o estab ishin non r � it status . Sec ion 7 . Section 404. 10(6) of the Sai t Paul Legislative Code is hereby amended to read as follows: "(6)� Ten � ercent "(10%) �of t proceeds received from the gam ing activity �ay be ��e�}de� �ex�v �e �kese e�gaa�sa��eas ar�d a.e��r}�}es e��g�b}e �t�ade� �ee�}ea 499-��{a3� �shall� be pa'id �t�o �t e �Fund �est�ab�lished under - �sectioii �40 . o �t e Saint � au Le is �ative Co e. ?�g n�� - . � . �'�,3'"..�O-0' '., • �y�/.3 -5- Se tion 8 . Section 404. 10(17) of the S int Paul Legislative Code is hereby repealed. Se tion 9 . ' Section 409 .21 of the Saint Paul Legislative Code is hereby amended by adding a new subsecti n (d) at the end thereof, to _ read as follows : � ' "(d) No charitable organiza ion, whether a large organization, exempt .under tate law, licensed by the State of Minnesota o issued a gambling permit under any ordinance, shall sell pull-tabs arid/or tip boards in more t an three (3) estab- lishments licensed by the c ty of Saint Paul for the sale of intoxicating li uor in accordance . ��ith section 409 . 22 ; grovid d, however, that no ' _ such or�anization may opera e in a second estab- '- lishment until� it has been n �full operatz.on for � at least three months in th first establishment, nor operate in a third esta lishr.ient until it has been in full operation for t least three months in both the first and secon establishments . " Sec ion 10. • This ordinance shall take e fect and be in force thirty (30) days follocaing its passage, approval and publication. Sec ion 11. . Section 2 of this ordinance shall be effective commencing - as provided herein, and terminat ng on December 31, 19°O, such ' ' � p� rt 1� � wN�TE — C�7r CLE1iK �`�,.p��NK ,� F�NANCE • ' COIIIICSI '^� �� ? � ' CANAR.V -OEPARTMENT �• GITY OF S INT PAUL File NO. � r ' '�� ' -BIUE •-l.1AYOR ' . O�GGZ �znce Ordinance N0. ��G'�-� • Presented By Referred To Committee: Date Out of Committee By Date -b- section to have no force or eff ct aiter suc� �ate *.L*�less reenacted or estended by the ea ctrnent of an ap�ropriate ardinance. ' COUNCIL MEMBERS � Yeas Nays � Requested by Department of: Dimond �ng `� In Favor Goswitz 'Ae'timan ; Scheibel `' Against BY Sonnen Wilson . �., Adopted by Council: Date - • � Form Approved by City Attorney r'`'-tified Passed by Council Secretary BY . . . ; �y � 'i �. -- - - - AQproved by Mayor: Date �� !.. � �i��'• Appcoved by Mayor for Submission to Council By . 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QJ - : � 2 � f "C7 � � Gi "a •r ,O � O x. � C j , CQ h ? b • G7� � �„ •r '�'� O 4. �y •r � M �� t � � � Q1 O d� A L � � C •r y � . '� 0 w Q .� � .� +� . t = O u � " 4� fL � OC � N �t-� ►-� ?� Ci �-► �' ',,.� p ` � + s � o = � .G � eA d w O 4� •r eS wi L. C tu en � .c � � � � > � Y 2 . Yi �7 � � S. •r � E .G .r RS (,� � � M � � V �, : 'r' > C3' N 4- C. t/� � V! L C� i . • .-., r q a �- O r-� N O � Q7 d � •: {J �� V ' y ► � o < � ; L 0�0 ..� � S� '..�" t7 C � � � �' � ... ° .. * � p � � � � � � • O Ql � C� T7 •r � CT1 N ' R - � : a � - t c,�i s c � ,� �> c � � "; n,, � +' a�s z . " v � . 4 i. 41 , �. n. �!3 •r � Ri Q� i0 C1� .� � � e �` � � � t �• 7C! Qi `Cr` � � � �S _ 0 M e• � � �;. , v� M � a� � C L O � M � � � � ti u ,,. ,..,, i ., y � C � L "CS F +d ..h � 0 ! 4 .0 � 4. q�j .r '-��j e . ' w "z L o � W . ►�- a a � cn � a�i C o � ,��, m �cs ns } o` � sL a 4 ct o < o � 2 � L � � .� •r� a., �.t cn .e ; ' • � ` ns a� ro � Rs � o � � � .c° ° # L� .. �i o: � ° .: y ..t� m '� v, �n a tn +� rn o �C � � � FRANK . LEVIN, P.A. ATT RNEY AT LAW 1208 PL MOVTH BUILDING 12 50 H SIXTH STREET MINNEAPOL , MINNESOTA 55402 16 21344-7810 August 31 , 1989 Ms . Louise Young Office of Admiiiis�rative He� rings Fifth Floor, Flour Exchange Rldg. 310 Fourth Avenue South Niinneapolis , Mi1 5541� RE: Liquor License of Cusi k' s , Inc. , d/b/a Reaney' s Bar OAH No. : 64-2101-3479 6 Dear h9s . Young: Enclosed please find origi 1 and copies of Findings of Fact , etc. , and Affidavits of Se vice by Mai1 . Please transmit the original of the Findings o Fact and Affidavits of Service to the St . Paul City Clerk. Sincerely, c%!/. �/-1�f'f" Frank W. LeviM' FWL/ss Encl. P.S. Also enclosed is th entire file including two tapes . FRANK W. LE IN, P.A. ATTORNEYAT AW 1208 PLYMOUTH ILDiNG 12 SOUTH 31XTH TREET MINNEAPOl15.MINN SOTA 55402 16121344-t 10 Au�ust 31 , 1989 Philip B. Iiyrne M' chael .J. Reaney, Jr. AsSistant Cily Atlornev 8 (1 Payne Avenue �/ Ci�y of St . Paul S . Paul , MN �5101 647 Cily Hall St . Paul , MN �5102 RE: Liquor License of Cusi.ck' s , Ii�c . , d/h/a Reaney' s Bar �AH NO. : 64-2101-3479-6 l?r_�l�LP_metl: Ercl�.�ed �i:s:j herewi�h �erved u r�t� you by United States Mail please �ir,ci Findin�s of_ Fact , c�i�clusians and Recommer.da�ian in Lh� :�hove-captionec� m�tter. Sincerel_y, � � '��2%`TiL, F'rai�k W. Levin a! 1 ' FWL/SS E�Zi:l . :<��,,�'s'�/ ��'°'�'° CITY OF SAINT PAUL ,,> �,,. o`;�, ��'` +�� ;o ��, OFFICE OF THE CITY ATTORNEY '� iuurum �: `;,; �"" ��°� �=� EDWARD P. STARR, CITY ATTORNEY �`'��,,��..•�,,.�`' 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER Ft�CEIVED MAYOR s�p o 7 i989 September 6, 1989 ClTY CLERK Mr. Michael J. Reaney, Jr. Cusick' s Inc . , dba Reaney' s ar 870 Payne Avenue St . Paul, NIN. 55101 - NOTICE OF COUNCIL HEARING - RE: City of St. Paul vs . C sick' s Inc . Dear Mr. Reaney: Please take notice that a h aring on the report of the Administrative Law Judge concerning the ab ve-mentioned establishment has been scheduled for 9 : 00 o' clock .m. , September 21 , 1989 , in the City Council Chambers , Third Flo r, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity t file exceptions to the report with the City Clerk at any time dur ng normal business hours . You may also present oral or written ar ument to the Council at the hearing. No new evidence will be recei ed or testimony taken at this hearing. The Council will base its ecision on the record of the proceedings before the Administrative aw Judge and on the arguments made and exceptions filed, but may epart from the recommendations of such Judge as permitted by law 'n the exercise of its judgment and discretion. Very truly yours , PHILIP B. BYRNE Assistant City Attorney cc: Joseph F. Carchedi License Inspector Lt. Daryl F. Olson Vice Unit Albert B. Olson City C1erk imm� � ��t�� id'?Gi. �OIL6DU,y�•. '�+ � �� •• :� ��•, ' f � �'%�+i�e��.4 �'! IVED �rumNt ��+� STATE O F M I N N ESOTA SER p 81989 OFFICE OF ADMINIS RATIVE HEARINGS CITY CLtKK FIFTH FLOOR, FLOUR CHANGE BUILDING 310 FOURTH AV NUE SOUTH MINNEAPOLIS,MI NESOTA 55415 (612)34 -7600 September 7, 1989 St. Paul Gity Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul , Minnesota 55102 In the Matter of the Liquor Licen e of Cusick' s, Inc. , d/b/a Reaney' s B OAH Docket No. 64-2101-3479-6 Dear Mr. Olson: Yesterday, I sent you the origin 1 Findings of Fact, Conclusions and Recommendation together with the offici 1 record in the above-entitled matter. Inadvertently, the enclosed wa left out. Please include the enclosed in the official record. Sincerely, �� Louise C. Cooper nffice of ,4dminlstrative Nearings enclosure AN EQUAL OPPO TUNITY EMPLOYER . �1\�lll s��Tr �. CITY OF SAINT PAUL ��' �:� ?; �r! OFFICE OF THE CITY ATTORNEY ',: ��i_L ii° �� <;. EDWARD P. STARR, CITY ATTORNEY '"�yn'�n,°'m>>�`� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR ��V�� May 11, 1989 ,Ep 081989 +��TY CLEC�t� Mr. Frank W. Levin Administrative Law Judge 1208 Plymouth Building 12 South Sixth Street Minneapolis , MN. 55402 RE: In re the Licenses of Reane ' s Bar Dear Jud,e Levin: Rather than seek to reopen the h aring on this matter and put on new witnesses , I would submit for the record and move to introduce a police report prepar d by Officer Reed, a beat officer whose territory includes Reaney' s Bar. This report is submitted under the authority of Sabes v. Cit_��_of M__�_inriea- olis, 120 N.W. 2d 871 , 875-78 (M nn. 1 63 , a copy o� whic�i was previously furnished by lett r dated May 9 , 1989 , to you and Mr . Reaney. With this addition I believe the hearing record satisfactorily reflects what evidence there is . If Mr . Reaney wants there to be a continuation of the hearing so he can cross-examine Officer Reed on what is in the report we can certainly do that, but perhaps it would be better if we just let it go at that . Very truly yours , �� PHILIP . BYRN Assistant City Attorney cc: Michael J . Reaney, Jr. �="�*��- CITY OF SAINT PAUL �`°` "'`; �; •:, OFFICE OF 7HE CITY ATTORNEY ';r iiii�iii u �.' �;.. - EDWARD P. STARR, CITY ATTORNEY '"��,�,n.°.;,fi�''�`� 647 City Hali, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR � May 9 , 19 8 9 aEC�rv�� `'"''!�� SEP 0 81989 M��f ' ^ ��89 _ p�i�US►�� C17Y CLE�K �� Frank W. Levin Flour Exchange Building Fifth Floor 310 4th Avenue South Minnea�olis, P�finnesota 55415 RE: Reaney' s Bar 870 Payne Avenue Dear Mr. Levin: Enclosed please find a copy of t e Sabe� v. City of Minneapolis case ( 120 N.W. 2d 871 ) that was d scussed during the May , 19 9 Administrative Law Hearing. Very truly yours, . tJ . PHILIP . BYRNE Assistant City Attorney PEB:paw enc. cc. Michael J. Reaney, Jr. . _ G � _ _ � �a� �'�'��// � � _ a� 3 �I � ��*',, � CITY OF SAINT PAl s� OFFICE OF THE CITY ATTORNE .�.• ;;� 90 � a, y� �� '` EDWARD P. STARR, CITY ATTORNEY �;� w� �un ^= ..,. �'rn„�.��,..�' 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER R CEIVED MAYOR � 89 ��/�� S 0 :� 19 APR 2 ' April 241, 1989 I G�`Y GLtKK ��9 ��IpW�� ►� Mr . Michael J. Reaney, Jr . NOTICE OF HEARING Cusick' s, Inc. � dba Reaney' s Bar 87fd Payne Avenue St. Paul , Mn. 551(dl RE: Reaney's Bar, 87A Payne Avenue Dear Mr. Reaney: This is to notify you that the he ring will be held concerning all the licenses held at the p emises stated above at the following time, date and place: Date: May 8, 1989 Time: 9:�10 a.m. Place: 25 West Fourth treet City Hall Annex Room 15�13=A _ St. Paul , Mn. 51�2 The judge will be an Administrati e Law Judge from the State of Minnesota Office of Administrativ Hearings: Name: Frank W. Le in, Esq. Fifth Floor Flour Exchange Building 310 Fourth venue South Minneapolis Mn. 55415 Telephone: 344'=1810 The Council of the City of Sa nt Paul has the authority to provide for hearings concerni licensed premises, and fo�r adverse action against such icenses , under Chapter 310 , including sections 31 �. 05 an 31fd.06 , of the Saint Paul Legislative Code. In the case f licenses for intoxicating and non-intoxicating liquor , authority is also conveyed by section . 340A.415 of the Minnesota Statu es. Adverse action may include revocation, suspension, fines an other penalties or conditions. . . Evidence will be presented to the ju ge which may lead to adverse action against all the licenses you old at the above premises as follows : That on several dates over the past several months , including March 21 , 1989 and anuary 27, 1989, bartenders were paying off on the video p ker machines. On March 29, 1989, a search pursuant to a w rrant seized items relating to the video poker machines, a 55-number tip board and dice and tumbler behind the bar. The above violates section 409. Q18 (6 ) of the Saint Pau Legislative Code , which prohibits gambling on the lice sed premises and the keeping of dice and other gambling devi ces on the licensed premises. You have the right to be represent d by an attorney before and during the hearing if you so ch ose, or you can represent yourself. You may also have a per on of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in ac ordance with the requirements of sections 14.57 to 14.62 of the innesota Statutes, and such parts of the procedures under sec ion 31PJ.05 of the Saint Paul Legislative Code as may be applica le. - At hearing , the Administrative La Judge will have all parties identify them selves for the record. Then the City will present its witnesses and evidence, each o whom the licensee or attorney may cross-examine. The licensee ay then offer in rebuttal any witnesses or evidence it may wis to present, each of whom the City attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and aterial testimony from persons not presented as witnesses who hav a substantial interest in the outcome of the proceeding; for ex mple, the owners or occupants of property located in close prox mity to the licensed premises may have substantial interest in the outcom e of the proceeding. Concluding arguments may be made by the parties. Followinq the hearinq, the Judge will prepare F ndings of Fact, Conclusions of Law, and a specific recommendatio for action to be taken. You should bring to the hearin all documents , records and witnesses you will or may ne d to support your position. Subpoenas may be available to com el the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 140fd.7Pl00. If you think that this matter an be resolved or settled without a formal hearing, please cont ct or have your attorney contact the undersigned. If a stipulat on or agreement can be reached as to the facts , that stipula ion will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council acti n. If you fail to appear at the he ring, the allegations against you which have been stated earlie in this notice may be taken as true and your ability to challe ge them forfeited. If non-public data is received into evidenc at the hearing, it may become public unless objection is ade and relief requested under Minnesota Statutes, section 14. 0, subdivision 2. Very truly y urs . PHILIP B. BYRNE Assistant City Attorney (612) 298-5121 Attny. Reg . No. 13961 cc: Joseph F. Carchedi - License Inspector Lt. Donald Winger Vice Unit Albert B. O1 son City Clerk Paige Purcell Office of Administrative Hearings .` :�'�% ,,'J'l/ . ' � ' �j n �� ` �c' y , �' I � � � � FRANK . LEVIN, P.A. A RNEV AT LAW �. � R"'"�� /��'� 1250 H SIXTH STREET ��5�4,�,,,� �/i�� MINNEAPO 5.MINNESOTA 55402 t'' 16 2)344-1810 � � � ��, �989 �, �y�' ,� J, �]:r. August 31 , 1989 �r';;;�;;'��:°��,� � .1 Philip B. Byrne Michael J. Reaney, Jr. Assistant City Attorney ,� 870 Payne Avenue City of St. Paul St. Paul , MN �5101 647 City Hall St. Paul , MN 55102 RE: Liquor License of Cusi k' s , Inc. , d/b/a Reaney' s Bar OAH NO. : 64-2101-3479 6 Gentlemen: � Enciosed and herewith servP upon you by United States Mail please find Findings of Fac , C�nclusions and Recommendation in the above-captioned matt r. Sincerely, %��'2��l��/. �� Frank W. Levin FWL/ss Encl. _ ....__.., ..-..�.-_. -e-�,-..,. :..s;;�• _� ...�.-.,.:.�..�:n..a,5-. ",`,"„`�'�s��ra,.s.,i�:.:;��bt�"a:s�s��"'��...'�` +'d'fs'�.+"-�a�fSa^.�)lre.0 T'�s^,.`� ^x� '' sa� -� �6I�Y$". -•f� a . ' �� 9 �/��'�' �4-2101-3479-6 STATE OF M NNFSOTA �FFICF �F ADMINIST: ATIVE HEARINGS FOR THF CITY OF ST. PAIJL, MINNF.SnTr� In Che Matter of the Liquor FINDINGS OF FACT, License of Cus ick' s , Inc. , C0� LI1S I0. S , AND d/b/a Reancy ' s Bar R O� , E DA i0 The above-entitled matter ca e on for hearii�g before Administrative Law Judge Frank W. Levin at 9 : 00 a.m. on May 8 , 1989. The record closed upon sub ission of PetiCioner ' s post- hearing exhibit on May 11 , 1989. Philip B. B_yrne , Assistant C' ty A�toriley, City of St . Pau1 , 647 Citv Hall , St . Paul , Minnesot >j1�2, ap�eared oi� hehalf of Petitioner. Mi�hael J. Reaiiev, J -. , 870 Payne Avenue , SL . Paui , �ii�' »101 , appeared on behalf of usick' s , Inc . , d/b/a Reaney ' s Rar. This Report is a recommetldation, not a final decision. The St. Paul City Council will make t e final decision after a review of the record which may adopt , r ject or modify the Findings of Fact, Conclusions , and Recommetid tions contained herein. Pursuant to Minn. Stat. section 14. 61 , th final: decision of the Council shall not be made until this Rep rt has� been made availablz to the parties to the Proceeding fo at least ten days . An onportunity must be afforded to each party a verse�`y affected by this Report to file exceptions and present a gument' to the Council . Parties should contact Albert B. Olson, ity Clerk, St. Paul City Council , 386 City Hall , St. Paul , Minneso a »102, to ascertain the procedure for filing exceptions r presenting argument. STATEMENT 0 ISSUES The issues in this proceedi g are whether Michael J. Reaney, Jr. , Cusick' s , Inc. , or the mana er and employees of Reaney' s Bar permitted dice and other gam ling devices on the licensed premises or permitted gambling o the licensed premises in violation of the St. Paul Legisl tive Code, section 409.08(6) ; and, if so, whether respondent ' s liquor license should be revoked, subject to fine, or suspended; a d if suspended, for what period of time. Based upon all the proceedi gs herein, the Administrative Law Judge makes the following: ,_...._...�.. ._ _... �..��-;--��.— .�:... .-:-_�-------�- ., .. ....-. ,�- ------- - - - -- - -r.,.��. ._.--• _..,. :-:�,�._�_.ea-°''--...�}_-�.,, .,_��, ._:�:� - � , FINDI GS OF FACT l . Michael J. Reaney, Jr. , is the principal shareholder and officer of Cusick' s , In . , doing business as Reaney ' s Bar. The corporation operates a iquor establishment at 870 Pavne AVP_illl�� St . Paul � �`'I111i12SOC.d DLlI"lilo 1989 the corporaLion had an On Sale Liquor(C ) , a Sun av Lic�uor, a Restaurant (B ) and an Off Sale Malt license . The licenses aYpire on January 31 , 1990 . 2 . Larrv Rogers is a St . Paul �olice officer who was work- in� unclercovery in late 1988 aild early 1989. D'uring this timt� Officer Rogers was in Rean2 ' s Rar approximately four Limes �er w�ek in a period of six mo hs . 3. Sgt. Rick Klein ' s employed by the St . Paul Police Department . As of the dat of the hearing, h2 had been so employed for approximately nine years and had been assigned to the Vice Unit for approxim tely one and one-half years . Sgt. Klein specialized in the investi ation of gamhling offenses . 4. During his visit • to Reaney ' s Bar, Officer Rogers ob5erved that there were t o Joker Poker video noker machines Iocated on the caest caall o the establishment . On ilumarou5 occasions Officer Rogers o served �atrons in5ert money iizto onz of the machines and play til reaching a minimum of 100 po�_nts . tJpon winning this number f points , the patron wo�ild notify the bartender on duty. The b� rtender would proceed to the caest end of the bar, reach under t e bar ancl manipulate a switch or device which �aould "clear" i:h� m� chine. The bartender would also fiil out a slip �f paper from pad iocaCed next to the Lill , place �he piece of paper in the till and pay the customer from the Lill . �. On Jalluary 27 , 989, Officer Rogers was talkit�g with Niichael J. Reaney. Durin the time that P.ogers was in Reaney ' s presence, he observed two incidents of a customer notifying a '' bartender that he had wol the Joker Poker game , the bartender notifying Reaney of the ame, and the customer being paid off in Reaney' s presence. At th time the customer won the second game, Reaney commented that it was time for the customer to buy a round of drinks . 6. Officer Rogers also observed dice in the licensed premises . The dice were kept in a brown jug-like container. Bartenders and patrons w uld shake the dice and then the loser would pay for the juke b x or a drink. During the period of several months when Offi er Rogers frequented the licensed premises , he observed th' s to be a frequent occurrence. 7. Officer Roger contacted Sgt. Klein and advised him of his observations . S t. Klein instructed Officer Rogers to attempt to win the Joke Poker jackpot. 8 . On March 21 , 989, Officer Rogers scored the minimum 100 points and notified a bartender, Mark West that he had done so. West cleared the machin and gave Rogers $2�.00 in cash from the till . Rogers turne his winnings over to Sgt. Klein. -2- _,_�___a___.�� ...�.r _ ..,�_.�_ �__. ��. �:� _:- :-�- . . , � � ,, . - , � �+f, �,�,'/ 9 . Based on information furnished by Officer Rogers , Sgt . Klein prepared the affida it f�r a search �aarrant . The warrant was executed at the li ensed premises by Lt . Donald Winger on March 29, 1989. Lt . Winger was assisted by Sgt . Terry Trooien, Officer Carl Hovey, a d Officer Stuar� ^tonthriand. 10. During the course of the search of the licensed premises , Michael J. Reaney, Ji . escorted Lt . Gling2r �o the office locaLed in thz basement f the bar. Lt . Wing�r searched a file cabinet and desk located in the office and found a hlu� theme book containing financial notations , a promissory note from hiichael J. Reaney, Jr. to homas Theisen, d/b/a Theisen Vending Co. in Che amount of �8,�00.0�, a promissory note from Michael J. Reaney, Jr. to Thoma Theisen, d/b/a Thzisen Vending Co. in the amount of $� ,000.0�, seven memos referencing one Denice Matrious and referencino various amounts paid on account , 34 Theisen Vending Co. "M2rchan Copy" receipts referencing amounts collected from the Joke Poker machines , 34 Theisen Vending Co. "Merchant Copy" col ection sLips referencing collec- tions from various vending mach nes , and one »-number tip board, Serial No. 83308 . 11 . ^1ichael J. Reaney sta zd to Lt . ��itlg�r Chat the hlue theme hook recorded loan �aymen 5 Lo Theiszn Vencliiig Co. bv Reaney and that the loan was to keep the licznsed businessJ going. 12 . The loan from Theisen Vending Co. to the licensed business is a "paper" loan, tha is , it is an illusory trans- action, proceeds of the gamblin wEre split with ��% going to the vending company and �0% goiig to the bar and with payments to the vending company shown ds installmen� �ayments on the loan. 13. St. Paul Legislative ode , section 409. 21 permits qualified charitable organizati ns to conduct lawful gambling in the form of tip boards at li ensed on-sale establishments . No qualified charitable organiz tion has a permit to conduct such gambling upon respondent ' s remises. 14. St. Paul Legislative C de, section 409.26 (b) ( 7 ) provides that the presumptive pe alty for the first violation of provisions relating to illegal g mbling on the licensed premises is a suspension of three consecu ive days and the presumptive penalty for rhe second violation is a suspension of nine consec- utive days. 1�. Petitioner, through it Assistant City Attorney, states that the alleged violatio s herein should be regarded as respondent ' s second violation. Based on the foregoing Find ngs of Fact , the Administrative Law Judge makes the following: -3- _.. ,: ..':.__.�......-,�.-_-�-,.- �, �—. R.,;. ; , _ E � � ,�;., . �.�, . .....:. .�,.-� .._ _ _� �. . ._� ._.. .._ .. . ,, . . � __, ... . . ._ __. .. _._ v_ ,. ... C�NCLiJS ONS 1 . The Council of the Ci y of SL . Paul and the Adminis- �i-aLive Lacv Judge have jurisdic ion ii1 this matter pursuant to S� . Paul Ligislative Code , sect' ' un 310.��. 2 . The CiCy of St . Paul as fulfilled all relevaill' sub- stantive and procedural require ents of Iaw and rule. 3 . The Ci�y of St . Patil as given proper notice of the heari�ig in this matter. 4 . The St . Patil Legisla�i e Cocie provides as follows : SecLio�1 409. ��i. R�gulaLions genei-ally. i� i�C i�' ( 6 ) No licensee shall kee�, possess or operate, or permit the kee�iilg, possess on or operation of, on any li.censed premises or in any room adjoining the licensed �remises any slot machine , dice or any gambling devices or appara�us , nor permi� an gambling Cherein (whether or noL licerlsed hv the Stat ) . . . 5. The Ci�y of SL- . Paul h s proved by a preponderance of evidence that Cusicic' s , Inc . , d/ /a Reaney ' s Bar violated St . Paul Legislative Co�ie , section 4 9.Of3( 8) by keeping dice and gambling devices on Lhe licensed premises and by permitting gambling on �he lic.ensed �remise o�1 several dates during a period of approximately six mont s between late 1988 and early 1989 including, buL not limi.�Pd �o January 27 , 19$9, March 21 , 1989 and March 29, 19�9. r' Based upon the foregoing Co clusions , the Administrative Law Judge makes the following: RECOMME DATION IT IS RESPECTFULLY RECOMMEN ED that' the St. Paul City Council suspend the liquor licen es of Cusick' s, Inc. , d/b/a Reaney' s Bar for not less than s x, nor more than nine coi�secutive days. Dated : Augus� 30, 19R9 A . Adminis�rative Law Judge NOTI E Pursuant' to Minn. Stat . sec ion 14. 62, subd. 1 , the agency is required to serve its final d cision upon each party and upon the AdministraLive Law Judg by firsC class mai.l . Reported: Taped. Two casset'tes -4- ..,_. , .,., �.�,..., __.._ ,�.�.��,�,. --.. .,. ..�,.,,�r,. , _ . , ,_ , _ . ..._ _._� . . -- � . _. . � �IE�1 RANDUM The Admini_sLrative Law udge believes LhaL the evidence is clear and that no useful p rpose would be served in 2xplaining why he has concluded that re pondent kept gamhling equipment and permitted ;ambling on the przmis2s . However, Lhe ALJ beli�ves that a comment r2garcling his recommendation for disposition is in order. City ' s Exhibit � is a ummary of other cases involving ' gambling . The ALJ notes tha the City Council imposed a penalty , of a si.x-da_y suspension agai st the Granci Central Rar in a case where illeoal gamblin� is a leged to have occurred on five 9e separate days over a period of two months and imposed a penalty �� of a nine-day suspznsion ag inst the Arcade Bar. Although there is evi ence in the record that gambling GEC equipment was present and t at gambling took place on many more occasions than the three s ecific dates mentioned, the only evidence the ALJ was prese ted regarding dispositions is con- tainzd in City ' s Exhihit � If this case is markedly different from those referei�ced in t at exhihit , PeLitioner has simply failed to present evidence or argument to that effect . Consz- c�uently, the AdministraCi e Law Judge has recommended that the suspension fa11 within Ch boundaries seC by Che Grand Central and Arcade Bar cases . �� F.W.L. � r -�- T P a 1 -_.__ . '� � .. ...r_,..<..�,.s-.,.�,. c __,�1+..• ,� c%.:iY'' . J Y Y1�� ., ' ; , : �: ..::_: ;. ..,a , . ... . .�, ...- Legis�'ative. Code• J1V" • .�_ Yd_� _�:he . gain�t Paul . � In the case of licenses for intoxicating and non-intoxicating liquor, author ' ty is also conveyed by section � 34�A.415 of the Minnesota Statut s. Adverse action may include revocation, suspension, fines and other penalties or conditions. .� • � . � Evidence will be presented to the jud e which may lead to adverse action against all the licenses you h ld at the above premises as follows : That on several dates over he past several months , including March 21 , 1989 and J nuary 27, 1989, bartenders were paying off on the video p ker machines. On March 29, 1989, a search pursuant to a wa rant seized items relating to the video poker machines, a 5-number tip board and dice and tumbler behind the bar. he above violates section 4 �9. 08 (6 ) of the Saint Paul Legislative Code , which prohibits gambling on the licen ed premises and the keeping of dice and other gambling devi es on the licensed premises. You have the right to be represente by an attorney before and during the hearing if you so cho se , or you can represent yourself. You may also have a pers n of your choice represent you, to the extent not prohibited s unauthorized practice of law. The hearing will be conductzd in acc rdance with the requirements of sections 14.57 to 14.62 of the Minnesota Statutes, and such parts of the procedures under sect ' on 31�.05 of the Saint Paul Legislative Code as may be applicabl . - At hearing , the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of hom the licensee or attorney may cross-examine. The licensee ma then offer in rebuttal any witnesses or evidence it may wish o pres2nt, each of whom the City attorney may cross--examine. he Administrative Law Judge may in addition hear relevant and ma erial testimony from persons not presented as witnesses who have substantial interest in the outcome of the proceeding; for exam le, the owners or occupants of property located in close proxim ty to the licensed premises may have substantial interest in t e outcom e of the proceeding. Concluding arguments may be made b the parties. Following the hearing, the Judge will prepare Fin ings of Fact, Conclusions of Law, and a specific recommendation or action to be taken. You should bring to the hearing 11 docum ents , records and witnesses you will or may need to support your position . Subpoenas m ay be available to com pe the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 140P1.7000. � , . . • ,,f`� '`_` � ::> � If you think that this matter can b resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation o agreement can be reached as to the facts , that stipulation ill be presented to the Administrative Law Judge for inc rporation into his or her recommendation for Council action. If you fail to appear at the hearing the allegations against you which have been stated earlier in his notice may be taken as true and your ability to challenge t em forfeited. If non-public data is received into evidence at he hearing, it may become public unless objection is made nd relief requested under Minnesota Statutes, section 14.60, s bdivision 2. Very truly yours, PHILIP B. BYRNE Assistant City Attorney (612) 298=5121 Attny. Reg . No . 13961 � cc: Joseph F. Carchedi - License Inspector Lt. Donald Winger Vice Unit Albert B. O1 son City Clerk Paige Purcell Office of Administrative Hear 'ngs , . �� /°��/ '.;�CI�'S EX�libl'� �'� LICENSES 4 310.01 ��i ��8 Sf.F�ul Gtq.C�O ' ._�u �::_� SUBTITLE A. IN GENERAL Legislative Code Chapter 310. Uniform License Procedures Clas 1 Licenses Chapter Aut mobile Repair Garage and Sec. 310.01. Definitions. B y Shop 315 Ani al Foods 11�fanufacturing and For the purposes of this chapter, any chapter of D stributing 316 the Legislative Code pertaining to licenses as here- Am sement Rides 317 inafter mentioned, and subsequently enacted ordi- Nie hanical Amusement Devices 31S nances establishing or relating to the requirements Bil Posters 319 for Class I, Class II and Class III licenses under Bit minous Contractors 320 authority of the City of Saint Paul, the terms go rding and Roominghouses; def ned in this section shall have the meanings ormitories 321 ascribed to them: B ling Alleys; Pool Halls 322 ' C ristmas'ISree Sales 323 Adverse action means the revocation or suspen- C' arettes 324 sion of a license, the imposition of conditions upon ' C se-Out Sales 325 a license,the denial of an application for the grant, B ilding Contractors 326 issuance, renewal or transfer of a license, and y Cleaning and Dry Dyeing any other disciplinary or unfavorable action taken plants; Laundries 32 i with respect to a license, licensee or applicant for ectrical and Appliance Repair 328 ., a license. ` ire Alarm—Telephone Devices; � Bond means a bond meeting the requirements Apparatus Installers 329 of Section 310.07 and indemnifying the City of lorists 330 Saint Paul against all claims,judgments or suits ood License 331 c�used by, resulting from or in connection with uel Dealers—Liquid Fuel 332 uel Dealers—Solid Fuel 333 any licensed business, activity, premises, thing, umigating—Pest Control 334 facility, occurrence or otherwise under these Gasoline Filling Stations 33� chapters. Private Fuel Pumps 336 , Building offcial means the supervisor of code Hardware Stores 337 enforcement in the department of community House Sewer Contractors 338 services. Ice Cream Processing and Distrib- uting 339 Chapters and these chapters shall mean this Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk 341 Legislative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 for Class I, Class II and Class III licenses under Peddlers 345 authority of the City of Saint Paul. Soliciting 3�6 Pet Shops 347 Class I licerzse�s means those licenses which can Radio and TeIevision Repairs 348 be approved and issued or denied by the inspec- Rental of Clothing 349 tor, subject to the procedures required by these Rental of Hospital Equipment 3�0 chapters. The following licenses are so classified, Rental of Kitchenware 351 and the numbers shown opposite them correspond Rental of Trailers 3�2 to the chapters in the Legislative Code pertaining Roller Rinks 3�3 to each license: Sanitary Disposal 354 Supp.No.4 " 2 7 §310.01 LEGIS TNE CODE '��:'=:-'. . Le�islative Legislative Code Code Class I Licenses Chapter Class III Licenses Chapter Secondhand Dealers 355 Auctioneers � 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 Game Rooms 406 Tow�ucks—Service Vehicles 361 Hotel 407 Tree�imming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Niasseuse 414 Building 1�ades Business Licenses � 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Pazking Lots 417 Finishing Shop 371 Taxicabs 418 Tire Recapping Plants 372 Gam�ling License 419 � 'I�ansient Merchants 373 - Class II licenses means those licenses which Director means the director of the department � must be approved or denied by the director, sub- of finance and management services, unless oth- ject to the procedures required by these chapters. erwise defined in the specific chapter, section or The following licenses are so classified, and the subdivision referred to. numbers sho�vn opposite them correspond to the Division means the division of license and per- Cfiapters in the Legislative Code pertaining to �it administration in the department of finance each license: nd management services. � Legislative C1ass 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 covered by these chapters. Temporary On-Sale Beer Section 410.10 person means and includes any person, firm, Temporary Wine and Liquor Section 409.25 � 1-poration, partnership, company, organization, C1ass III licenses means those licenses which a ency,club or any group or association thereof. can be approved or denied only by the council, I shall also include any executor, administrator, subject to the procedures required by these chap- tee, receiver or other representative appointed ters. The following licenses are so classified, and b law. � the numbers shown opposite them correspond to oning administrator means the supervisor of the chapters in the Legislative Code pertaining to co e enforcement in the department of commu- each license: Supp.No.4 ' . --' 2028 5:110.0'� LEGISLATNE CODE bona fide loans; bona fide rental agreemen ; bona priate, the assistance of other city divisions or fide open accounts or other obligations hel with departments in making additional investigations or without security arising out of the or inary for the purpose of determining whether the appli- and regular course of business of selling o leas- cant is or will be in compliance with all applica- ing merchandise, fixtures or supplies to s h es- ble ordinances and statutes.The approval of such tablishment; an interest in a corporation o ning other divisions or departments is not required for or operating a hotel but having at least on hun- issuance of a license unless otherwise required by dred fifty (150) or more rental units hold ng a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10 per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation old- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided hall tions involving a premises, location, building or not apply in cases where it is otherwise expr sly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the (�;) Wc�iting period aftccr fcling of petition. ny building official for investigation and recom- petition required to be filed with the applica ion mendation. for any license shall not be considered as o ic- (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-56) ially filed and irrevocable until seven(7)wor 'ng ' " days after a petition is received in the inspect r's Sec. 310.04. Levels of approval;recommenda- office. During the seven-day �vaiting period, ny tions. sign�tar of any petition may withdraw his na e (a) Cla`ss I licenses. Where an application for - thei•efrom by �vritten reyuest, and such requ st the grant,issuance,renewal or transfer of a Class - -� shall be appended to the subject petition and m de I license meets all the requirements of law, and " a part thereof. After the seven-day waiting p i- there eYists no ground for denial, revocation or od, signatures may not be withdrawn unless it is suspension of, or the imposition of conditions upon, � show�n they were obtained by fraud or dure s. such license,the inspector shall grant,issue,rene�v SignaEures withdrawn or obtained by fraud r or transfer said license in accordance with the duress shall not be counted in determining t e application. sufficiency of the petition. This subdivision sh 1 apply in any case where the applicant for a '- (b) Class II licenses. Where an application for ' cense or license transfer must present a stat - the grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number II license meets all the requirements of law, and percentage of persons that they have given thei there exists no ground for denial, revocation or consent to the grant of the license or license transfe suspension of,or the imposition of conditions upon, (Code 1956, $ 510.02) such license,the director shall require the inspec- . tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of ne in accordance with the application. applications,etc. (c) Class 1 and Class II licerzses, if denied by The inspector shall determine the sufficiency iRSpector or director. In the event the inspector, and accuracy of each new application and obtain in the case of Class I licenses, or the director, in such criminal history information as may be used the case of Class II licenses, determines that the � under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- otherwise available by law. The inspector shall fer of the license does not meet all the require- make reasonable and appropriate investigation ments of law or that there esist grounds for deni- of the premises or personal property, vehicles or al, revocation, suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector , licensed activity, and shall request, where appro- or director shall recommend denial of the applica- `:' . Supp.No.4 -•.-- � 2 30 ��-^� LICENSES §310.05 tion and follow the procedures for notice and he - determination that the decision was based on an ing as set forth in Section 310.05. enor of law.The filing of an appeal shall not stay � (d) Class III licenses. Upon receipt of a fu ly the issuance�of the license. completed application and required fees for a Cl s �Code 1956, § 510.04; Ord. No. 1745�, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88) III license, and after the investigation requir d, ' the inspector shall notify the council. A pub ic hearing shall be held by the council's commit ee �c. 310.05. Hearing procedures. designated to hear license matters on the gra t, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III licenses. T e ments. In any case where the council may or in- council's committee designated to hear license t- tends to consider any adverse action, including ters may hold a heazing on the renewal of a y the revocation or suspension of a license, the im- Class III license. In any case where the inspec or position of conditions upon a license,or the denial recommends denial of the grant, isssance,rene al of an application for the grant, issuance,renetival or transfer of a Class III license, or where t e or transfer of a license, the applicant or licensee council s committee designated to hear license m t- shall be given notice and an opportunity to be ters believes that evidence might be received t heard as provided herein. The council may con- the public hearing which might result in acti n sider such adverse actions when recommended by adverse to the application, the inspector or co the inspector, by the director, by the director of cil's committee designated to hear license m t- any eYecutive department esiablished pursuant ters shall follow the procedures for notice a d to Chapter 9 of the Charter, by the city attorney hearing as set forth in Section 310.05. `Vhere t e or on its own initiative. application for the grant, issuance, renewal r transfer of a Class III license meets all the e- �) Notice. In each such case where adverse ac- - quirements of la�v, and where there e�cists no gro d tion is or will be considered by the council, the �-.- for adverse action, the council shall by resoluti n council shall in writing notify the aoplicant o: direct that the inspector issue said license in c- licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled (e) Appea� Class I or C1ass II licenses. An a - to a hearing before the council. The notice shall peal to the city council may be taken by a y be served or mailed a reasonable time before the heazing date, and shall state the place, date and person aggrieved by the grantP�issuance, renew 1 time of the hearing. The notice shall state the � or transfer of a Class I or Class II license; provi - issues involved or grounds upon which the ad- ed,however,that the appeal shall have been fil d verse action may be sought or based. The council with the city clerk within thirty (30) days aft r may request that such written notice be prepared the action by the license inspector or direct • and served or mailed by the inspector or by the The only grounds for appeal shall be that the e city attorney. has been an error of law in the grant, issuan , renewal or transfer of the license. The appe 1 (c) Hearing. Where the cause for the adverse shall.be in writing and shall set forth in partic - hearing is based upon a violation of law and there laz the alleged errors of law. The council sh 1 is no dispute as to the facts underlying the viola- conduct a heazing on the appeal within thirty(3 ) tion, the hearing shall be held by the council's days of the date of filing and shall notify t e committee designated to heaz license matters. Oth- licensee and the appellant at least ten (10) da s erwise the hearing shall be conducted before a prior to the hearing date.The procedures set fo h hearing examiner appointed by the council for in Section 310.05, insofar as is practicable, sh 11 that purpose. The applicant or the licensee shall apply to this hearing. Following the heazing, t e be provided an opportunity to present evidence council may affirm or remand the matter to t e and argument as well as meet adverse testimony inspector or director, or may reverse or place co - or evidence by reasonable cross-esamination and ditions upon the license based on the counci 's rebuttal evidence. The committee or hearing ex- _. Supp.No.4 2031 � - ��'_ �`��i §310.05 LEGISL NE CODE 4�•� = ,•.: aminer may in its discretion permit other inter- (fl Courecil action; resolution to contain findings. . ested persons the opportunity to present testimony Where the council takes adverse action with re- . or evidence or otherwise participate in such hearing. spect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing cense,the resolution by which such action is taken • esaminer shall hear all evidence as may be pre- shall contain its findings and determination, in- sented on behalf of the city and the applicant or cluding the imposition of conditions, if any. licensee, and shall present to the council written (g) Additional procedures where required Where � findings of fact and conclusions of law together the provisions of any statute or ordinance require with a recommendation for adverse action. additional notice or hearing procedures, such pro- The council shall consider the evidence contained visions shall be complied with and shall super- in the record, the hearing esamuier's recommended sede inconsistent provisions of these chapters.This � findings of fact and conclusions, and shall not shall include,without limitation by reason of this consider any factual testimony not previously sub- spec�c reference, Minnesota Statutes, Chapter mitted to and considered by the hearing examin- 364, and Minnesota Statutes, Section 340A.415. . er. The council at a public hearing shall provide �) ��etion to hear notwithstanding withdrawal the applicant or licensee an opportunity to present or surrender of application or license. The council oral or written arauments alleging error on the may, at its discretion, conduct a hearing regard- � part of the e�aminer in the application of the law ing revocation or denial of a license notwithstand- or interpretation of the facts, and to present tes- ing that the applicant or licensee has attempted timony related to the recommended adverse ac- or purported to withdraw or surrender said license tion. Upon conclusion of the heazing, and after or application, if the attempted withdrawal or considering the record, the examiner's findings surrender took place after the applicanti or licen- -- and recommendations together with such additional see h�d been notified of the heazing and potential -_ arguments and testimony presented at the hear- adverse action. � - ing, the council shall determine what, if any, ad- - verse action shall be taken, which action shall be (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, reject or pose of considering revocation.or suspension of a modify the recommendations of the heazing e�c- license or other disciplinary action invoIving a aminer or committee. license has been scheduled before the council, a continuation of the heazing may be granted at (c-2) Ex-parte contacts. If a license matter has the request of the licensee, license applicant, an been schedule for an adverse hearing, council mem- interested person or an attorney representing the - bers shall not discuss the license matter with foregoing, only as provided herein: each other or with any of the parties or interested � persons involved in the matter unless such dis- (1) Where the request is made at least twenty- cussion occurs on the public record during the four(24)hours prior to the scheduIed hear- public hearings of the matter or during the coun- • ing,the president of the council or the coun- cil's final deliberations of the matter. cil may continue the hearing upon a show- - � ing of good cause by the party making the (d) Licensee or applicant may be represented request. The licensee or applicant may represent himself � or choose to be represented by another. (2) Where the request is made less than t�venty- four(24)hours before,but not on the day of (e) Recorr� euidence The council shall receive the scheduled heazing, the council may con- and keep a record of such proceedings, including tinue the hearing upon a showing of good testimony and exhibits, and shall receive and give cause by the party making the request. weight to evidence, including hearsay evidence, which possesses probati�•e value commonly accepted (3) Where the request is made on the day said by reasonable and prudent persons in the conduct hearing is scheduled, the council may grant of their affairs. a continuance on the condition that the _. Supp.No.4 �-- 032 " LI ENSES 3 310.07 _ ,,.::-: party requestinp 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 dan;er 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 side�vall;s or pedestrian ways reasonably free of sno�v and ice as required Sec. 310.Ofi. R.evocation; suspension; adverse under Chapter 114 of the Saint Paul LeD s- actions. lative Code. (a) Council may take aduerse action The coun- (9) The licensee or applicant has shown by past cil is authorized to take adverse action a;ainst � misconduct, unfair acts or dealings, or by any license or permit, licensee or applicant for a � the frequent abuse of alcohol or other drugs, license,as provided in and by these chapters.�Such that such licensee or applicant is not a per- ' actions shall be initiated and carried out in ac- son of the good moral character or fitness cordance with the procedures outlined in Section required to engage in a licensed activity, 310.05. business or profession. (b) Basis for action. Such adverse action may �Code 1956, § 510.06) be based on one or more of the following reasons, �c. 310.07. Termination of licenses; surety which are in addition to any other reason specifi- bonds;insurance contracts. _ cally provided by la�v or in these chapters: `:':'`�:-.c: �a) Automatic termination, reinstatement; re- �::;::��:�; (1) The license or permit was procured by mis- sponsibility of licerrsee All licenses or permits�vhich - _= representation of material facts, by fraud, must,by the provisions of these chapters or other by deceit or by bad faith. ordinances or laws, be accompanied by the filing (2) The applicant or one acting in his behalf and maintenance of insurance policies, deposits, made oral or written misstatements or mis- guarantees, bonds or certifications shall automati- representations of material facts in or ac- cally terminate on cancellation or withdra�val of companying the application. said policies, deposits, bonds or certifications. No (3) The license was issued in violation of any licensee may continue to operate or perform the of the provisions of the Saint Paul Zoning 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 �iola- bonds or certifications as are required in these tion of law, without authority, or under a chapters, and shall not be entitled to assert the material mistake of fact. acts or omissions of agents, brokers, zmployees, (5) The licensee or applicant has failed to com- attorneys or any other persons as a defense or ply with any condition set forth in the li- Justification for failure to comply with such filing cense, or set forth in the resolution grant- and maintenance requirements. In the event the ing or renewing the license. licensee reinstates and files such policies, depos- its,bonds or certifications within thirty(30)days, (6) The licensee or applicant has violated any � of the provisions of these chapters, or of any statute, ordinance or regulation rea- sonably related to the licensed activity, re- gardless of whether criminal charges have � . or have not been brought in connection :`. •.. :.:'. therewith. `� Supp.No.4 os2.1 LICENSES $310.09 the license is automatically reinstated on the sa e (d) Expiration date to be concurrent with term terms and conditions, and for the same period as of license or permii The espiration date of all originally issued. After thirty (30) days, the p- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his lice se shall be concurrent with the eYpiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: (Code 1956, § 510.07) (1) Surety Companies: All surety bonds r r_- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be it- (a) All licenses or permits shall be valid for a ten by surety companies authorized to do period of one year from the date of issuance by business in the State of Minnesota. All in- the inspector, eYCept as othenvise provided herein surance policies required by these chap rs or in these chapters or in cases of revocation, shall be written by insurance compa ies suspension or termination under Section 310.06. authorized to do business in the Stat of (b) Licensees may continue to operate their busi- Minnesota. ness after the espiration date of their license; provided, that the licensee has filed with the in- (2} Approved as to Form: All bonds filed ith spector on or before the expiration date the ap- the City of Saint Paul in connection ith '-. propriate license application, license fees, insur- the issuance of licenses for whatever ur- ance and bonds. The inspector shall process the pose, and all policies of insurance requ ed renewal application in the manner provided for to be filed with or by the City of Saint aul in this Code. in connection with the issuance of lice ses for any purpose whatsoever, shall firs be �c) Whenever any licensee is the holder of the "�_ approved as to form by the city attorne , tv¢o (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 date for the espiration of all or chapters shall contain the endorsemen set any number of such licenses,notwithstanding the forth in Chapter ? of the Saint Paul L �s- term and etpiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the ciiy (4) Conditions:All bonds required by these c ap- heretofore or hereafter enacted. The provisions ters shall be conditioned that the lice see hereof shall govern the issuance of any new li- � shall observe all ordinances and law in cense to one already holding a license. relation to the licensed activity, busi ess, �d) In order to conform to the foregoing provi- premises or facilities and that he shall on- sions, new licenses may be issued for a term of duct all such activities or business in on- less than one year, and the license fee therefor formity therewith. Such bonds shall lso shall be prorated for the period of issuance. indemnify the City of Saint Paul ag inst (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) all claims, judgments or suits cause by, resulting from or in connection with the �c. 310.09. Fees. licensed business, premises, activity, t ing, (a) Application charge: facility, occurrence or otherwise lice sed under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination of bonds and insurance req ired Code, each applicant shall pay, at the time by city. Termination of bonds and insuranc re- of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to ese cessing charge for each and every applica- chapters shall be in accordance with the re ire- tion for a license or permit to be issued by ments of Chapter 8 of the Saint Paul Legisl tive the inspector, director or council of the City � � Code. of Saint Paul. ' 2033 §310.09 ' LEGISLAT E CODE . (2) Refunds: Said two dollar fift ��.�� __ processing charge shall not y Cent (�2,50� met when the license has la sed b cumstances, be refunded. ' under any cir- expiration. p Y reason of ~ � ' (b) Fee schedulQ (Code 1956, § 510.09; Ord. No. 16884, 2_l 1-82) determine and establish one f e sch dule g rance or alI license s a n d ��• 310.10. Refund s o f f e e s. permits is any these chapters sued pursuant to (a) Refund where ¢pplication withdr¢wn or d� , and a separate fee schedule for nie aPplications for such licenses and �'seruice char may incIude fees to cover costs incurred bS' Which provided b °'e Unless othenvise specifically of the Iate filin Y reason involved, hereean aticular licensin g• Such fees, in either schedule, withdr PPljcation for an Provisions shall be reasonably related to the costs of admin- to the a 3' license is istration incurred in connection with each such service aWn or denied, the inspector shall refund pplicant the license fee submitted less a aPpIication, license or permit. Costs af adminis- in chaz° tration shall mean and include, but without limi- twent -fiv e to recover in part the costs inctin-ed tation by this specification, both direct and indi- processing the application in the amount of rect costs and ex y e�25�Percent of the annual license fee. ' benefits and aIl personnel c sts n luding train� �) Limitation on refunc� other cases In aIl other ing, seminars and s c h o o l i n� cases as provid e d i n p a r a b, expenses of investi- maY�refund not to exc e e d one hu� a ea aoiiars gations and inspections, handlin requests for assistance, tele g o f inquiries and «100.00) of fees received in connect' cations, stationer PhOne and communi- license, permit or a 1On �'ith any Y, postage, paper, reproduction, that he certif in pplication therefor; provided, office capital equipment and all o�ce su y �'iting that the amount of the Such fee schedules as adopted b PPlies. refund represents a sum over and above the rea- posted in the office of the inspe tor shaIl uPerd sonable costs of administration incurred up to sede inconsistent fee provisions in these chapters °raaPPii ation. Thetdirectth said license _ _ or in other ordinances or laws. , permit esceed two hundred fifty dollarsay refund not to - , (�) Fee fees upon a like certification b«250.00)of such for one;year, ma otherwise sp��l Y be prorated Unless The council ma Y the inspector. is for a Y provided, the license fee s� funds u y by resolution authorize all re- period of one year. Such fee ma � Pon a like certification by the inspector. rated where a license is issued for a y be Pr� (�) Bases for refunds. Refunds under ar than a year. period of less (b)may be made to the licensee or his estate raph (d) Late fee Unless otherwise specificall �l� �ere the place of business of the licensee vided by the particular licensin y prO� or his principal equipment is destroyed or volved, an a g Provisions in- so damaged by fire or an who makes a plicant for the renewal of a license pplication for such renewal after the the licensee ceases for the remainder of he expiration date of such license shall be charged a late fee for each such license. li�ensed period to engage in the Iicensed The late fee shall be activity or business; � in addition to any other fee or and shall be ten(10)percent of he nnuall e�e �2� �ere the busi��or lice fee for such license for each thirt �a bY reason of the death o�r ilin ss of the � portion thereof which has ela sed y period or licensee or the sole employee or manager; ration date of such license. p �er the expi- or esceed fift The late fee shall not If an y«��percent of the annual license fee. �3� �ere it has become unlawful for the 1i_ Y provision of these chapters imposes more Ce�t0�ontinue in the business or licensed stringent or additional requirements for the issu- ance of an original license than would be the case activity other than b sion, denial or an crim nal c i'vit suspen- for mere renewal, those requirements must be y Y on the part of the licensee. Code 1956, as amended, § 510.10) . _ �,�:_::� 2034 •�-- §310.11 LEGISLATNE ODE - between transferor and all employees as to ( ode 1956, § 510.11; Ord. No. 16822,9-3-81;Ord. the payment of wages due and owing; . 17551, § 3, 4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned c. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- t ing named in any license issued pursuant to feror and all employees as to payment in a y provision of the Saint Paul Legislative Code lieu of vacation time earned; o other law shall at all times while open to the (5) That transferor has satisfactorily and com- p blic or while being used or occupied for any � pletely complied with his contractual obli- p rpose be open also to inspection and esamina- gations perta.ining to employer contributions t n 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, ( ode 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay c. 310.13. R.enewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other b denied for any licensee who is delinquent in provision of these chapters, in any case where a a y payment or contribution to a health and wel- liquor license is held by a person not incorporated f re trust or pension trust, or similar program, and where the license would, by reason of the e tablished for the benefit of his employees. death of said licensee, lapse to the city in the ( ode 1956, § 510.13) absence of this paragraph, the authorized repre- r :: '`��:- sentative of the estate of the deceased licensee c. 310�14. Savings clause. ��°:-;,'- may consent to and seek to transfer said license (a) If any provision in�these chapters is held � to the surviving spouse of the licensee. The trans- constitutional or invalid by a court of compe- fer shall be subject to all applicable requirements of these chapters and esisting law. t nt jurisdiction, the invalidity shall e:ctend only t the provision involved and the remainder of (k) No approual under certain conditions. The t ese chapters shall remain in force and effect to council s}�all not approve any transfer where ei- construed as a whole. � ther party has not complied with the terms of any . contract or agreement regarding employee bene- �� The repeal of any ordinance by ihis ordi- , fit or fringe benefit programs; including, but not ance (which enacts the Uniform License Ordi- limited to, pension, hospitalization, medical and ance) shall not affect or impair any act done, life insurance, profit-sharing or holiday pay pra ny rights vested or accrued,or any suit,proceed- grams; provided, that any person or organization i g or prosecution had or commenced in any mat- objecting to a transfer because of failure to pay r, prior to the date this ordinance became effec- employee benefit or fringe bene�t programs shall �e.Every such act done or right vested or accrued file a written notice of objection with the license all remain in full force and effect to all intents inspector seven (7) days prior to the scheduled nd purposes as if the repealed ordinances had emselves remained in force and effect. Every public hearing on the transfer, and said notice ch suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- 'nued after repeal as though the repealed ordi- tor's claim. ances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is rosecution which is based upon an act done, a Class III. If an application is made to transfer ight vested or accrued, or a violation committed more than one license at the same time, the in- rior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III hich is commenced or instituted subsequent to license,handle all said licenses as Class III licenses. epeal of the repealed ordinances,shall be brought °��.= : . Supp.No.4 � . 2036 �'`� LICENS S §318.01 . . , conspires with or otherwise procures another to Sec. 316.02. Fee. violate any provision of these chapters or other ordinances or laws relating to licensing is guilty The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentenced in ac- (Code 1956, � 384.02) cordance with Section 1.05 of the Saint Paul Leg- islative Code. The term "person," in addition to Chapter 317. Amusement Rides the definition in Section 310.01, shall for the pur- pose of this section include the individual part- c�c. 317.01. License required. ners or members of any partnership or corpora- tion,and as to corporations,the officers,agents or No person shall engage in the business of pro- members thereof,who shall be responsible for the viding amusement rides,for charge, to the public violation. in Saint Paul without a license. (Code 1956, § 510.15) (Code 1956, § 411.01) Sec. 310.16. License fees,annual increases. Sec. 317.02. Fee. Effective on January 1 of each calendar year, The fee required is one hundred dollars(�100.00) all license fees, e:ccept building trades business : for each location at which such person will oper- license fees and fees for building trades certifi- � ate and maintain the business of providing such cates of competency, shall increase by the per rides. centage increase in the budget for the division o (Code 1956, § 411.02) license and permit administration of the depar . - ment of finance and management services. Prio �yapter 318. Mechanical Amusement Devices . - to November 1 of each year, the director of - i � nance and management services shall file wi the city clerk a notice of the percentage increas , �c. 318.01. License required; definitions. if any, in license fees. No person shall own and allow to be operated (Ord.No. 16885, 2-11-82; Ord. No. 17059, 10-20 3; for business purposes any coin-operated mechani- Ord. No. 17303, § 4, 10-29-85) cal amusement device without a license. A coin- operated mechanical amusement device is hereby Chapters 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 for use as a game, entertain- ' ment or amusement, which amusement device Chapter 315.R.eserved* contains no automatic payoff device for the re- turn of money, coins, checks, tokens or merchan- dise, or which provides no such pay-off by any Chapter 316. Animal Foods other means or manner.The term"coin-operated Manufacturing and Distributing mechanical amusement device" shall include so- called pinball machines; music machines; coin- Sec. 316.01. License required. operated television units;motion picture machines; No person shall engage in the business f the amusement rides, excepting those provided for under Chapter 317,pertaining to amusement rides manufacture or distribution of animal fo ds in af the type used at carnivals; table shuffleboard Saint Paul without a license. games or similaz games of amusement for which (Code 1956, § 384.01) a fee is charged to players for the playing thereof; �Editor's note—The licenses under this chapte derived and all other machines which, by the insertion of - from §$ 345.01-345.03 of the cicy's 1956 Code,wer redesig- a coin or token, operate for the entertainment or . � nated as Class III licenses by Ord.No.17207,adopt Jan.31, ��ment of the player,except weighing machines. ' 1955,and recodiFed as Ch.423. (COde 1956, §§ 412.01, 412.02) 2037 •Rr — vcrwn�n.tn r / ; � � V11 X V t"� �.7A1 V 1 rt1U L � V ewE — Mwvon File NO. -� . �� • r,�t� �t�ytP:3 . . . 0/ �in Ce Ordinance H 0. /�� 3�}� . - � .� Presented By � • . � . . . . . ' �I ' r = ' ' � . - � , . - _ _ . '• Referred To ' � � Committee: Date .j Out of Committee By Date A;� ordir.a.nce to a� nd section 31�.�b � v� t�:e Saint Paul Ze islative C�de by �� ad3ing c�arif�i.�; I �ia�;e cencernin; the i��ositio� oi co ciitioras . T�+�. CQ��`3C?I, Ci:' �'?a� CI�I' 0: St'1'li'T F: T.tZ �OEj 03?J.�Ii�: ,, . _.!; .: _ . ?�^.r. ...�� 'Ct1 c.. 1. • -'' : � _ . Sect{on 310.Oc� oT tae �aint � I Le?islative Co�e �s �er�by ar�e:�d�c b,� addi�o t�:e follawi.rig r_ sLbsectio�. (c) : "(c) T��*_� a r`asoaaole � �s is r"ou�:i� to i�rose reasonab?� cor.ciit� ns anc/or rest=-ictiar�s u�o:: s ?�cense isaued or ael� �nder t�ese c�anters , ar�� on� or :nore suc�i r�3S��8�JZe c�r_c�ti��ns �nd/or r�s�ric i`ons ;.:a� b� i��osed ��or_ �uch licer�e ior t`�e �u�--�ose of �roL.otiZ� ?u�?ic ?�.`ait�:, sare�� nd �aelfare, oi a�va�c?r� tn� ;�ublic peac 2�d L�e �1i�.�-►i�atio?i of co�.d�t��s or �ctior3s •�hicn constzt-�t� a ; r'.I+.S2;"2C@ 0=' 3 G;•L'.}.2i]':2�L'i t r:le nzac°iLZ � �:rjo�^.enL ai •arba� life, r ^ron�ti.�g se�ur�� zr.d saf et� i� r.earby �eig bor�aods . St:c�� '' r��so�a�le con3itior.s and or rQstriction.s . �� include or �er�a� to bu= are not l;�itec: r� , COUNCIL ME��IBERS � Yeas Nays Re uested by Department of: Dimo�d ��g In Favor Goswitz Rettman Scheibel A gains t Y Sonnen Wilson � Adopted by Council: Date For Approved by City Attorney Certified Passed by Councii Secretary Y By Approved by Mayor: Date Ap oved by hiayor for Submission to Council By � ♦/� -/ • , � _2�_ _ . (1) a limitation on th hours of operation of the licensed busine s or establishmerit , or on particular types of activities� con- � ducted in or on said b siness or establish- ment; � . . . _ . . (2) a limitation or re �triction as to the location within the �li erised business or establisnment �ahose �pa ticular type �of . activities may be con cted; . (3) a limitation as t the �means of � ingress or egress fro the l�icensed -• -� � - -"- ' -- .�- establishment or its arking� lot . or � - immediately adjacent rea; � � � (4) a requirement to rovide off-street � parking in excess of ther requirements � � of la�a; `t � (5) a limitation on t e �manner and means of advertising the �op ration or merchan- . dise vf the licensed stablishme3it; � (6) any other reason le �condition or restriction. limiting the �operation of � � � � ------�� --=the licensed busines or establishmerit � ' � � to �insure that the �s id business or � � - � -� � establishment� will -h rmonize �with �the � ' -- � - �- -� ---- -��-�- ===-character of the are . in which �it is � _ ._ . �:: _ _-_ _ - located, or to preve �t- the,�deve�Topment � � - -� - � -�- � —� - - -�- ��— -- --or� continuation of� a iiiiisance: . . � � _ The inspector may .impose � uch �conditions on Class I � - licenses with the consent of the licenseholder, or may. recommend the imposi 'on of such �conditions� as an adverse action agains the 'licerise �or licenses ; . the 'director �has the sam powei with respect to � � Class II licenses .� The ouncil may impose such . � � - � � - - �conditions on C1assIIl 1 censes with the consent of the licenseholder, or upon any class of license as an adverse action aga nst the license or licenses � �/,T/�., � �. /-'.t:%�/ r_�in�n Ordinance� y �� • ,, '. . � ; �q i i' — • • , : < < ` r� . . i � . . �.:��r - � � j j`.;_.•_..�'.t._ � - Presented By Date C mittee: Referred To Date — Out of Committee By � � — -3- `, 2S ;Ila,v �'30 2EJ'1112'PG� . , w.nd reari � lic�se or licer.ses To� ��Y r� n�tic� o i;*� sec� orL � t oL unon � t r,C�1tlOTLS T_''•-'--j ��. • tt2E'=2a r � i St�ca co._ �.an,sfer ;�st z 1�ce�S� „r is�uancc, re.e:aal a� ��tior. ai�a--- ..�onas �3�t of an� a3��rse and �ncludi�� °us� ens��''='-- �r lice:'-s°-s � � - $n C t'�- 1" �'�1L1?»CC iutt;r e a- ;lar �ny :;i.st�-�� °r o= �,icerse $r�� ,; or�i�au�e , �te an3/ Jtru=d t� 1�-�t T .;yra,- t�._s G t p�ul �o zE�", car_ -, r - �t��`��Vi� . a -,tza the Cit� of ai� � t{ e s�2!y be r and l�ce*�.se, Lo- z�o�. b=� ; A3ses oz act_v� o ,� e St� �s �us�r_� to r�.�--3" � �T �d t �tions , e reta , t;, nit i �g '1:1'_l,er 'f_t 0�.1.0 r ;T- J- - QCCZ1�`� o Ct e � 1�-�Li°i COi2i nse�OY�,�-2�L11�`-I.Ql1S T=ZOi1l3?•,'��5�-G=L; OY TG3ti1Ct y�J�i1 3''� t0 !1.:Ti1-t �= r 'O:1S �" SL3tu '- O.. or ;.;��sota G�n3..itu�- ^ i; �on.s�. } �O -r��17.1�'1fi�-' `-��'�Z tizere�c3e,-) �o Sec�; =1 � . �� f orce ��?i=t1 � Q ��e �r_d bz . �h�Zl ��{ t �,ai n•,t�iication• . �,1s o�d?n�ncA �- `- o a vra �� ., �3�� ?3ys _'{o11�Y=a '-ts ti�a.ssz E'-J ; �� ' R quested by Department of: COUNCIL MEVIBERS ff f Nays Yeas � In Favor Dimond —� � I'°°g gY Gos"''tZ pgainst Rettman �-- Scheibei Sonnen o�m pPproved by City Attorney � ��lson ri�L7 � � i��v� � Adopted by Council: Date gy Certified Passed by Council Secretacy •- •�; ' --- '- ' pptoved by Mayor foc Submission to Council — ..;�' S .�,,;�:, _ .i;i; i;•..� By � p�pptoved by Mayor: Date BY �Y APProved by MaYot: Date By CC $y Y� uested by Deparfinent of: Gos;ricz _ `" In Favor Rettman .j Scheibel A gai n s t BY Sbnn�rr ��Isan dopted by Council: Date ''�'�; � ' = F rm Approved by City Attorney •tified Passed by. Council Secretary Y By ' �� ---- , .. . �. ' � " �-�"'�' Ap roved by Mayor for Submission to Council �pcoved by Mayor: Date �"' ' . sy y . i �.'!�(� �:��r 'M':.� LICENSES 3 409.02 Cw/ � 4•'��lA�::�7 r'+:''.��`.� (11) No licensee shall receive any material r Sec. 409.02. Definitions. use in the licensed business from any p r- son under the age of eighteen (18) ye s As used in this chapter, the followin; terms without the�written consent of the paze t shall have the meanings ascribed to them in this or guardian of such person, which shall e section: kept on Fle by the licenses for at least o e C1ub shall mean a corporation organized under year. 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 license (50) members and for more than a year owned, businesses. hired or leased a building or space in a building of such estent and character as may be suitable and (13) Licenses issued hereunder shall not b adequate for the reasonable and comfortable ac- transferable. commodation of its members, and whose affairs (Code 1956, § 341.06) and management are conducted by a board of directors, esecutive committee or other similar Sec. 408.06. Renewal, revocation and sus _ body chosen by the inembers at a meeting held pension. for that purpose, none of whose members,officers, (a) Any person to whom an initial license ha agents or employees aze paid, directly or indirect- been issued hereunder may obtain renewal thereo ly, any compensation by way of profit from the by filing an application with the inspector indi- distribution or sale of beverages to the members cating any changes in the material submitted with of the club or to its guests beyond the amount of the initial application. The inspector shall circu- such reasonable salary or �vage as may be fi.ced larize the application to those officials who re- and voted each year by the directors or other view initial applications and the license shall be governing body. granted of course by the council unless, in its Ezclusive liquor store shall mean an establish- jud;ment, reports from city agencies or from the ment used only for off sale and on sale sales of public demand a formal hearing be held. No ini- intoxicating liquor, escept that, upon obtaining tial licenses shall be granted hereunder for other proper state or city licenses for such sales, cigars, premises except in I-1,I-2 and I-3 Industrial Districts. cigarettes, all forms of tobacco and nonintoxicat- (b) The council may revoke, suspend or refuse ing malt beverages and soft drinks may also be to renew the license of any person hereunder for sold in said exclusive liquor store at retail; pra any violation of this or any other ordinance of the �ded,further,that such nonintoxicating malt bev- city,or of any statute or regulation of the State of erages and soft drinks, when sold pursuant to an Minnesota or agency thereof. off sale liquor license, shall be sold for consump- (Code 1956, § 341.0?) tion off the premises only. General food store shall mean any place of busi- Chapter 409.Into.acating Liquor* ness canying a stock of food supplies and primar- ily engaged in selling food and grocery supplies to Sec. 409.01. License required. the public. No person shall sell intoxicating liquor for con- Hotel shall mean an establishment with resi- sumption at any time or place in Saint Paul with- dent proprietor or manager, where, for payment, out a license. food and lodging aze regulazly furnished to tran- (Code 1956, § 308.02) sients, and which maintains,for use of its guests, no fewer than fifty(50)guest rooms with bedding 'Cross references—For general provisions pertaining to liquor and beer,see Title XXN;nonintoxicating malt liquor, and other suitable and necessary furnishings in Ch.410;use of beer and intoxicating liquor in drive-in motion each room, and which has a main entrance with picture theatres prohi�ited,§416.os(b>. suitable lobby,desk and office for the registration ' 217 � � � � �9- � �i1 §409.02 LEGISLATN CODE of guests on the ground floor and which employs c. 409.03. Number of licenses. an adequate staff to provide suitable and usual service, and which maintains, under the same �a� On-sale licenses shall be issued only to . management and control as the rest of the estab- ls, clubs, restaurants and establishments for tt. lishment and as an intea al part thereof, a dining le of on-sale liquors escIusively. room with appropriate facilities for seating not �� ff sale Iicenses shall be granted subject to less than thirty(30)guests at one time, where the t e approval of the liquor controI commissioner to general public is, in consideration of payment, P oprietors of drug stores, general food stores and served with meals at tables. e clusive liquor stores, and but one such license Intoxicating Iiquor or liquor shall mean and i habtantsunthe�city.ery five thousand (5,000) include ethyl alcohol, and any distilled, ferment- ( ode 1956, § 308.06; Ord. No. 17172, 10-23-84) ed, spiritous, vinous or malt liquid of any kind potable as a beverage, which contains an alca c. 409.04. Exceptions. holic content in e:ccess of three and two-tenths (3.2)percent thereof by weight or four(4) ercent is chapter shall not be construed to prohibit by volume. P th sale of wine for sacramental purposes by any pe son duly licensed by the state liquor control Medicines shall mean and include onIy such co missioner so to do; nor shall this chapter be potable liquids as prescrioed by licensed physi- �° ��Prohibit the sale of inedicines as herein cians and dentists for the:apeutic purposes and de ned; nor of industrial alcohol designed for me- United States Pharmacopoeia and National For- ch ical, chemical, scientific, pharmaceutical or mulary preparations and preparations used for ind strial purposes; nor to compounds or prepa- the mitigation of disease for e.�cternal and inter- rat ns containing alcohol, if such compounds or nal purposes which are usually�old in drug stores Pre arations are not potable as a beverage; nor and intended for therapeuiic purposes and not for sha 1 it be construed to prohibit the sale of intoxi- beverage purposes. cati g liquor for medicinal purposes by a duly lice sed and registered pharmacist or drugD st OFj`-'sale shall mean the sale of liquor in origi- upo bona fide prescription, in writing, by a phy- nal packages in retail stores for consumption off sici or dentist. or away from the premises where sold. (Cod 1956, § 308.22) On-sale shall mean the sale of liquor by the Sec. 409.05. On- an glass for consumption on the premises only. es; term; fees. Package or original p¢ckage shall mean and (a) Term. All licenses for the sale of intoxicat- include any container or receptacle holding liquor, ing li uor shall be for a term of one year from the which container or receptacle is corked or sealed. date f issuance, renewal or transfer. The date Person shall include individuals, corporations s pall e determined by the inspector and entered partnerships and associations. ' u on he license. • Restaur¢nt shall mean an estabIishment other The)1 en ee ee for an on ale lic�se i�h reby than a hotel, under the control of a single propri- fixed s follows: etor or manager,having appropriate facilities for the serving of ineals for no fewer than fifty (50) �A`h�l� eating capacity over 200 . . . . . $3,000.00 guests at one time. � (2) eating capacity over 100 . . . . . 2,750.00 Sale and se11 shall mean and include all barters G (3) eating capacity 100 or less . . . . 2,5Q0.00 and all manner or means of furnishing intoxicat- Said s m shall be paid in two (2) equal amounts, ing liquor or liquors in violation or evasion of the fir to be paid before the license is issued or law, renewe , the second payment to be made within (Code 1956, § 308.OI) siY(6) onths from the date of issuance or renewal. 2172 LICE SES 3 409.06 (c) On-sale licens� replcccement af�er revocation 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 the spector. Such application form shall require that City of Saint Paul, no replacement license shall the following information be set forth upon the be issued until the full license fee for the new application, and such further information as may license due for the remainder of the license year be required: is first paid; provided, however, that in no event shall a licensee pay less than the applicable an- (1) The name and place of residence of the nual license fee together with the applicable is- applicant. suance tax for a license, or combination of licen- 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 li- and an exact description, including the pro- cerzsees. The license inspector is hereby directed posed floor plan and seating capacity, of to notify in writing via U.S. mail all on-sale li- },he parti�ulaz place within the building struc- � censees of the public hearing date for council con- ture where such sales are proposed. sideration of any amendments to this section in- creasing the license fees. At said public hearing, _ �3� y�ether the applicant has ever been en- the department of finance and management ser- ga;ed in a similar business and, if so, the vices shall present evidence to the council show- location thereof and the date when so en- ing the relationship between the proposed fes in- gaged. The application shall be signed and crease and the costs borne by the city for liquor- 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�'j`-sa1e. The license fee for 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 an on fixed for the particular license for which he makes sale or off-sale license is approved by the council application. the fee to be c�arged shall be the prescribed an nual fee less a credit given for each month o (b) Inuestigation; issuance; etc The license in- portion of a month remaining of the original term. spector shall rea ster the application in books kept (g) Late fees. Notwithstanding the provisions o for that purpose, one for on-sale licenses and one Section 310.09, an applicant for renewal of a for off-sale licenses. He shall notify immediately on-sale liquor license shall be charged a late fe the director of the division of public health, the in an amount of ten (10) percent of the instal chief of police and the chief of the department of ment due for such license for each thirty-day p fire and safety services of the fact that such ap- riod or portion thereof which had elapsed afte plication is filed.It is hereby made the duty of the the expiration date of such license or semiannu 1 �oresaid director, the chief of police and the fire period, and the late fee shall not exceed fifty(5 ) chief to inspect and examine or have inspected percent of the annual life. and esamined the premises described in the ap- (Code 1956, § 308.17; Ord. No. 16842, 10-20-8 ; plication and inquire into the character of the Ord.No. 17321, § 1, 12-31$5; Ord.No. 17328, § 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 esamine them (a) Application Any person desiring a licen e and transmit them to the city council, together to sell intosicating liquor shall make his verifi d with any recommendations which he, as such in- application in writing upon a form approved y spector, has respecting the applicant or the pIace 2173 §409.06 LEGISLATNE COD of business. Upon receipt of such reports and rec- No icense shall be granted to any person who ommendations, the council shall consider the same open a new drug store after January 6, I934, and shall, by resolution, grant or deny the appli- until uch person shall have operated such store cation. conti uously for a period of two(2)years, or shall Where the application is for an off-sale liquor have urchased a drug store that shall have been license and the applicant is the holder of an on- in co tinuous operation for a period of two (2) sale nonintoxicating malt liquor license hereto- Years fore issued by the city council to sell such nonin- (c-1 Public hearing; notices. No new license for toxicating malt liquor for consumption on the prem- eithe on sale or off sale shall be issued until the ises,the council shall not grant such off-sale liquor counc 1 shall have first held a public hearing on license until the applicant surrenders his license the a plication. The notification requirements to sell nonintoxicating malt liquor for consump- appli ble to license transfers or change in licensed tion on the premises. If an off-sale license is grant- areas 'n Section 409.11 shall be applicable in the ed, the resolution granting it shall direct the in- issua ce of new licenses. spector to issue the license whenever the bond hereinafter provided for has been approved and (d) ne license only. Not more than one off-sale the liquor control commissioner advises the in- retail r's license shall be directly or indirectly spector that he approves of the issuance of the issue to any one person or for any one place in license to the particular applicant. this c ty, nor shall any retailer's off-sale license If an on-sale license is granted, such resolution be di ctly or indirectly issued for any place for shall direct the inspector to issue the same when- Whic a license of another class has been granted. ever the bond hereinafter provided for has been It sha 1 not be a violation of this paragraph for a approved. perso who owns, directly or indirectly, or who has a interest in any intoxicating liquor license Should the application for a license not be grant- in thi city additionally to own directly or indi- ed, the resolution refusing the same shall autho- rectly or to have an interest in one or more corpo- rize and direct the proper city officers to refund to ratio owning or operating a hotel holding an the applicant the deposit made at the time of the intoxi ating liquor license in connection therewith; filing of the application. provi ed, that such hotel shall have at least one No new license shall be issued for any location hun d fifty(150)or more rental units. within a one-half mile radius of which there al- ready are four (4) or more premises licensed for �e) remises of license. No on-sale or off-sale the sale and consumption of intoxicating liquor licens shall be effective beyond the compact and on the premises; provided, however, that this re- conti ous space named in such license and for striction shall not apply if the proposed new loca- ""hich the same was granted, except that an on- tion lies within a designated commercial devel- sale li ense granted for sales in the dining room opment district. of any hotel may permit sales of liquor with meals in ad tional dining rooms open to the public and � (c) Licensee qualifications. No license shall be specifi in the license if ineals are regulazly served issued to anyone other than a person over nine- to gue ts therein. If ineals are regularly served to teen (19) years of age, of good moral character guest in guest rooms in any such hotel, liquor and repute, nor to any person who shall be here- may sold in such guest rooms but only with after convicted of any willful violation of any law meals provided, that such guest rooms must be of the United States or the State of Minnesota or specif d in the license granted. No sales shall be any city ordinance with regard to the manufac- made pon the premises of an on-sale licensee ture, sale, distribution or possession for sale or escep upon the ground floor; provided, however, distribution of intoxicating liquor,nor to any per- that t is limitation shall not apply to a hotel duly son whose license under the state liquor control licens d to sell on another floor as in this section act or this chapter shall be revoked for any will- provid d; and provided further, that a licensee ful violation of such act or ordinance. shall e permitted to sell at a place in a building 2174 LICE SES §409.06 other than the ground floor if a license has been (4) No outside service area shall be permitted granted for sales on a floor other than such a ound unless the licensee provides, in addition to floor.All licenses granted hereunder shall set forth other requirements of law, safety barriers the exact location within the building structure or other enclosures to protect patrons from where such sales may be made and no sale shall any hazards, includin;vehicular tr�c. be germitted escept in that part of the premises (5) No outside service area shall be located on defined in the license, escept as provided in the public property or upon any street, alley or following subsections (1)through (8): sidewalk, nor shall such outside service azeas (1) The council may,by resolution, permit any hinder or obstruct vehicular or pedestrian licensee to sell or serve intosicating liquors tr�c on any street, alley or sidewalk. in areas outside the building structure which (6) The council may deny any application for are immediately adjacent �o and contigu- an outside service area where it has reason ous with the structure containing the li- to believe,or may revoke its permission for censed premises. Such outside service azeas such an outside service area where it is shall be seasonal, and shall not involve an satisfied, that the impact of such outside enlargement of the building structure. Such service area on adjoining property �;ill be, permission shall not be granted unless all or has been, any of the following: the conditions of subsections(1)through(8 a. Loud, boisterous or disturbing noise and all pertinent provisions of the zonin levels; code are satisfied. b. Hazardous tr�c conditions; c. Offensive,obnoxious or disturbing odors; (2) No outside service area shall be permitte d. Excessive litter; unless the licensee presents with his appli e. Excessive artificial lighting; cation for such outside service azea a stat f. Substantial decrease in adjoining prop- ment in writing by ninety (90) percent erty values; or the owners and tenants of all private res g. Any other condition inconsistent with dences, dwellings and apartment houses 1 the reasonable use and enjoyment of cated within two hundred (200) feet of t adjoining property and inconsistent with proposed outside service area that they ha the health, safety, morals and general no objection to such service area. Measur - welfare of the adjoining neighbors or ments shall be determined from the pro - community. erty line of the licensed premises to t e property line of the residential uses; p - (7� Permission to sell and serve intoxicating vided,however,that where the licensed pre - liquor in or upon any outside service area ises is located within a sho in mall r �ay be revoked by the council on three(3) Pp g days' notice to the licensee, pursuant to shopping center the measurements sh 11 information received at a public hearing be determined from the nearest corner of before said council. The information need the building in which the licensed pre - ises is located to the property line of t e not be received under oath, but must rea- residential uses. sonably satisfy the council as to the exis- tence of any or all of the conditions listed (3) Notwithstanding any other provision of 1 w, ��bpazagraph(6).The public hearing shall off-street parking spaces may not be redu ed be conducted with such formal or informal by the establishment of an outside ser ce procedures as the council may permit, so area below the number of of�street p k- long as the licensee and any complaining ing spaces which would be required if he parties have an opportunity to be heazd. licensed premises together with the ou 'de (8) The licensee shall, with respect to any out- service area were to be newly constru ed side service area, comply with all applica- in conformity with the zoning code. ble provisions of law and regulations in 2175 §409.06 LEGISLA E CODE regard to the sale and service of intoxicat- (1) That the licensee will obey the law relat- ing liquor, including, without limitation by ing to such licensed business. reason of this specification, all applicable �2) That the licensee will pay to the munici- regulations contained in Sections 409.08 pality, when due, all taxes, license fees, and 409.09 of this chapter. penalties and other charges provided by (� Zoning resfrictions. No license shall be is- law. sued for premises located within an area wherein such use of the premises is prohibited by the zon- (3) That in the event of any violation of the ing code, nor within an area where such sales are provisions of any law relating to the busi- forbidden by the state law or any other ordinance ness for which the license has been granted of the city. for the sale of intoxicating liquor, such bond shall be forfeited to the City of Saint Paul. (g) -License restrictions. No off-sale license shall be issued for any place where nonintoxicating (4) That the licensee will pay, to the estent of malt beverages shall be sold for consumption on the principal amount of such bond, any dam- the premises. ages for death or injury caused by or re- (h) Other required permit No license granted sulting from the violation of any provision __ of law relating to the business for which hereunder shall be effective until a permit shall such licensee has been granted a license, be issued to such licensee by the United States if and further conditioned that such recovery any such permit is, in fact, required. may be had also against the surety on his (i) State restrictions No license shall be issued bond. to any person in connection with the premises of another to whom no license could be issued under T e amount specified in any bond required is the provisions of the state liquor control act; pro- h reby declared to be a penalty and the amount vided, however, that this provision shall not pre- r overable shall be measured by the actual dam- vent the granting of a license to a proper lessee a es; provided, however, that the surety thereon by reason of the fact that he shall lease premises sh 11 not be liable for any amount in escess of the of a minor, noncitizen or a person who has been Pe al amount of the bond.All such bonds shall be convicted of a crime other than a violation of this fo the benefit of the obligee and of all persons chapter or the liquor control act. s ering damages by reason of the breach of con- . dit ons thereof. Such bonds shall run to the City � (j) Bond No on-sale license shall be granted of aint Paul as obligee, and in the event of for- until a bond in the amount of three thousand fei e of any such bond for violation of the law, dollazs (�3,000.00) has been furnished, approved the District Court of Ramsey County may forfeit and filed by and with the proper city officers. the penal sum of the said bond to the City of No off-sale license shall be granted until a bond Sai t Paul. in the sum of one thousand dollazs ($1,000.00) Renewals: shall be furnished and approved by the state li- quor control commissioner and the city council, (1 An on-sale license renewal may be denied and filed with the proper city officers. for any licenses who is delinquent in any The surety on such bond shall be a surety com- payment or contribution to a health and pany duly licensed to do business in the State of Welfaze trust or pension trust. Minnesota, and the bond shall be approved as to (2) If on or before the e:cpiration date of the form by the city attorney. All bonds when ap- license the licen.sed business has discontinued proved by the proper city or state officers, as the its operation or closed for any reason, the case may be, shall be deposited with the director � council shall renew said license only upon of the department of finance and management the condition that the licensee shall reopen services. All such bonds, whether off-sale or on- and restore the licensed business to full sale, shall be conditioned as follows: operation within the terms of the renewed 2176 LICEN ES §409.07 license, or in the alternative, that the li- (m) Unlawful use of weapons. If during any censee shall make application for and ob- twelve-month period there are reported t�vo(2)or tain passage, approval and publication of a more incidents involving unla�vful use or handlino resolution for the transfer of said license of firearms, assault weapons or knives, as defined within the term of the renewed license to in Section 225.01, on any licensed on-sale prem- another person. No license issued upon con- ises, a public hearing shall be conducted by the dition pursuant to this subsection shall be council. Any adverse action may be considered by further renewed unless one or the other of the council pursuant to the hearing provisions of the above conditions has been fully met; Section 310.05. provided, however, that the council may (Code 19�6, §§ 308.03, 308.05, 308.07-308.11, reissue a license for a business which has 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. not been in full operation during the prior 17172, 10-23-84;� Ord. No. 17173, 10-23-84; Ord. license year if the licensed premises were 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 licensee 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. has made a good faith attempt to relocate 17328, § 2, 1-23-86) the business to another location. G�oss reference—Licensing requiremenrs for establishments •�selling nonintoxicating malt liquors, §410.43. (3) Any license which is not renewed pursuant . to this paragraph (k) or for any other rea- �c. 409.07. Hours of sale; Sunday sales,etc. son lapses and may be reissued pursuant to Section 409.16. (a) Hours of sa1e. No sale of intosicating liquor shall be made after 1:00 a.m. on Sunday nor until (1) License near church or schooL No license 8:00 a.m. on Monday. No on-sale shall be made shall be issued for any premises located �vithin between the hours of 1:00 a_m. and 5:00 a.m. on three hundred (300) feet from any public or para any weekday. No off-sale shall be made before chial school, church or synagogue, said three hun- 8:00 a.m. or after 8:00 p.m. of any day escept dred (300) feet being calculated and computed as off-sale shall be permitted on Friday and Satur- the distance measured from the property line of day until 10:00 p.m. No off-sale shall be made on the premises or building proposed as the location New Yeaz's Day, January 1; Independence Day, for the liquor license to the property line of any July 4; Thanksgiving Day; or Christmas Day, De- sChool,church or synagogue in the area for which 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 aad e�ect on No�ember ited on such evenings, off-sale mav be made until 10, 1962, the location of which license is in con- 10:00 p.m., except that no off-sale shall be made flict with the provisions hereof, may be renewed on December 24 after 8:00 p.m. transferred or otherwise dealt with in accordanc (b) Sunday sales: with law, it b�inb the iatent of this paragrag that it be applied prospectively for proposed loc (1) Notwithstanding the provisions of paragraph tions of licenses, and further it being the intent o (b), establishments to which on-sale licen- this pazagraph that the limitations set forth ' ses have been�issued or hereafter may be this paragraph shall in no manner be applicabl issued for the sale of intoxicating liquors to any hotel or motel.Upon written petition signe which are hotels or restaurants and which on behalf of the school, church or synagogue 1 - have facilities for serving.no fewer than cated within three hundred (300) feet of the pr fifty (50) guests at one time may serve in- posed location of the license,the council may by a ��ting liquors bet�veen the hours of 10:00 five-sevenths vote disregard the provisions of th s ' a.m. and 12:00 midnight on Sundays in paragraph insofar as location adjacent to a churc , conjunction with the serving of food,but no school or synagogue of a proposed license s liquor shall be served on Sundays other concerned. than to persons who are seated at tables; Supp.No.1 2177 3 409.07 LEGISLATIVE C DE provided, that the licensed establishment 2) No liquor shall be sold or furnished for any is in conformance with the Minnesota Clean purpose whatever to any person under Indoor Air Act. twenty-one (21)years of age or to one obvi- (2) It is unlawful for any such establishment, ously intoxicated or to any person to whom directly or indirectly, to sell or serve 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 P�sport. A person who was born on or be- said special license shall be made to the fore September 1, 1967, may continue�to council in the same manner as application P�'chase and consume alcoholic beverabes for other licenses to sell into:cicating 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 consumptiorz or duplay wh.en prohibited No person shall consume or display or allow con- �3) No sale shall be made in any place or in sumption or display of liquor upon the premises P� of a building where such sales are of an on-sale licensee at any time when the sale of prohibited by state law or this chapter. such liquor is not permitted. (4) No person under eighteen(18)years of age (d) Privafe Christmas parties. Notwithstanding may be employed in a place where intoxi- any other provision of the Le�slative 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 yeaz during the Christmas sea- Years of age may be employed as musicians son have a private party at no charge to the guests or in bussing or washing dishes in a res- after the lawful closing hours; provided, that a taurant or hotel that is licensed to sell in- written request for said pazty is submitted to the toxicating liquor and may be employed as license inspector thirty (30) days prior to the pro- waiters or waitresses at a restaurant,hotel posed date of the party; and provided further, or motel where only wine is sold;provided, ,, that no sales as defined by law of intoxicating that the person under the age of eighteen liquors or nonintoxicating malt liquor shall be (18)may not serve or sell any wine. made at or during said party.The inspector shall (5) Every licensee is hereby made responsible notify the chief of police of the date of each pro- for the conduct of his place of business and posed party. required to maintain order and sobriety in (Code 1956, § 308.20; Ord. No. 16815, ?-23-81; such place of business. Ord.No. 17037, 6-30-83; Ord.No. 17162, 9-27-84) �6) No licensee shall keep, possess or operate, Sec. 409.08. Regulations generally. or permit the keeping,possession or opera- tion of, on any licensed premises or in any All licensees hereunder are hereby required to room adjoining the licensed premises any observe the following regulations; provided,how- slot machine, dice or any gambling device ever that any such regulation which spec�cally or apparatus, nor permit any gambling refers to an on-sale licensee shall not bind an therein(whether or not licensed by the state), off-sale licensee, nor shall any regulation which nor permit the licensed premises or any specifically refers to an off-sale licensee bind an room in the same or in any adjoining build- on-sale licensee: ing directly or indirectly under his control (1) All sales shall be made in full view of the to be used as a resort for prostitutes or public. other disorderly persons, escept that pull- Supp.No.i 2 78 . . �9_ � �� LICENSES §409.08 tabs and tip-boards may be sold on licens d tions until one hour after the parade, to premises when such activity is licensed y ensure that patrons do not enter or esit the state pursuant to Minnesota Statut , with beer or intoYicating liquor. Chapter 349, and conducted pursuant o regulations contained in this Legislati e (11) There shall be provided in all zoning dis- Code. This exception shall not apply to - tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city for t e street parking spaces for all on-sale prem- sale of nonintoYicating malt beverages,no - ises as provided herein: intosicating malt beverages and wine, a d a. �ansfer or new issuance to a struc- nonintoYicating malt beverages and wi e ture newly constructed for that purpose, as menu items only. ofi'-street parking at the rate of one Notwithstanding other provisions of th s space for each forty-five(45)squaze feet Legislative Code to the contrary,the cou - of patron area. cil may permit an on-sale licensee to pe - b. Z`ransfer or new issuance to an esist- mit the holding of a single event,such as a ing structure not previously licensed banquet, that includes the sale of r e for on-sale purposes during the twenty- tickets as a part of the event activity; pr - four (24) months preceding the appli- vided, that such events are separate fro cation, off-street parking at the rate of the public areas of the licensed establis - one space for each forty-five (45)square ment, nor open to the general public, a feet of licensed patron azea minus the the raffle conducted by a charitable org - number of off-street parking spaces nization licensed by the State of Minnesot . which would be required for the previ- (7) No dancing wherein the public participate , ous use of the same area under the and no dancing, singing or other vaudevil e esisting zoning code provisions. Exist- ing pazking which previously served exhibitions or entertainment shall be pe - the same azea shall not be counted to mitted on the premises of any on-sale 1 - meet the requirements unless any are , censee unless such premises are duly lice in escess of what would have been re- for entertainment. �quired for the previous use. No addi- (8) The license issued to said licensee shall tional off-street parbing shall be required posted in a conspicuous place in that po - if the number of additional spaces re- tion of the premises for which the licen quired is five (5)or fewer spaces. has been issued. c. Expansion of licensed area, off-street parking at the same rate as transfer or (9) No person shall remain in or loiter in t new issuance to an existing structure parking lot of an on-sale licensee after t not previously licensed for on-sale pur- lawful closing hour. poses, plus twenty-five (25) percent of (10) When a licensee is notif ed by the poli any pazking shortfall for the existing department that a parade will be held wi ' licensed azea. "Parking shortfall" shall one block of the licensee's establishmen , mean the difference between one space all beer and all intoxicating liquor or li - for each forty-five (45) squaze feet of uid of any type sold during the entire da patron floor azea for the e.�dsting licensed of said parade shall be sold only in plast' area minus the number of parking spaces or paper containers. In addition, upon r - actually provided for that area. ceiving such notice,the licensee shall plac d. "Patron area" shall mean to include a person at each entrance and each exit all areas used by the public, and ex- the establishment at least one hour prio cludes all areas used exclusively by em- to the time of parade, and the licensee sh ployees for work,storage or office space. . require a person to remain at those loc Supp.No.l 2179 §409.08 L ISLATNE CODE e. Modification of parking requireme ts: ing off-street parking facilities which serve 1. The council may modify the ff- the building shall be provided with a vi- street parking requirements c n- sual screen where the parking facility ad- tained in this section upon app i- joins or abuts across an alley any residen- cation made for that purpose a d tial use or residential zoning district. The upon findings made by the counc 1 screen shall be between four and one-half that granting of such mod�catio (4�)and six and one-half(6'�z)feet in height would not have a substantial de and of sufficient density to visually sepa- rimental impact on the surround rate the parking facility from the adjacent ing neighborhood. Modification, ' residential use district.The screen may con- granted, shall be by resolution sist of various fence materials, earth berms, adopted by at least five (5) affir- 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 Ord.No. 17460, § 1,5-28-87; Ord.No. 17473, §§ 1, of an administrative processing fee 2, 7-7-87) for parking modification applica- tions. Applications and fees shall Sec. 409.09. Certain sexual conduct prohibited. be made to the license inspector. The following acts or conduct on licensed prem- 3. In granting any modification, the ses are unlawful and shall be punished as pra council may attach reasonable con- ided by Section 1.05 of the Saint Paul Legisla- ditions regarding the location, de- t ve Code: sign, chazacter and other features � 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 ihe adjacent neigh- the licensed premises while such person is borhood. unclothed or in such attire,costume or cloth- 4. Off-street modifications shall remain ing as to expose to view any portion of the with licensed premises so long as female breast below the top of the areola or the 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 pro- 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 - ' ' LICENS 3 409.10 (2) To employ or use the services of any host- d. Scenes wherein artificial devices or in- ess while such hostess is unclothed or in animate objects are employed to depict, such attire, costume or clothing as described or.drawings are employed to portray, in subparagraph(1) above. any of thQ prohibited activities described above. (3) To encourage or permit any person on the ( ode 1956, § 308.23(11) licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of c. 409.10. Restrictions on licenses. any other person. When a reasonable basis is found by the coun- (4) To permit any employee or person to wear c 1 to impose reasonable restrictions upon a li- or use any device or covering esposed to c nse held under this chapter, the council, upon view which simulates the breast, genitals, i suing a new license or renewing a license or anus, pubic hair or any portion thereof. a proving a transfer of a license, may impose r asonable conditions and restrictions pertaining (5) To permit any person to perform acts of or t the manner and circumstances in which the acts which simulate: b siness shall be conducted to preserve the public .•p ace and protect and promote good order and . a. With or upon another person sesual s curity. These reasonable conditions or restric- intercourse, sodomy, oral copulation, t ns may pertain to: flagellation or any sesual act which is �1) A limitation as to the hours when intoxi- prohibited by law. b. Masturbation or bestiality. cating liquor may be sold and/or consumed � c. With or upon anothe: person the touch- on the licensed premises; � . ing, caressing or fondling on the but- (2) A limitation and restriction as to the exact tocks, anus, genitals or female breast. location within a building where intoxicat- d. The displaying of the pubic hair, anus, ing liquor will be served and/or sold and/or vulva, genitals or female breast below consumed; the top of the areola. (3) A limitation and restriction as to the means (6) To permit any person to use aztificial devi- of ingress to or ea ess from the licensed � ces or inanimate objects to depict any of establishment; the prohibited activities described above. (4) A requirement that certain off-street park- ing facilities be provided; (7) To permit any person to remain in or upon the licensed premises who exposes to pub• (5) A condition that the license will be in ef- lic view any portion of his or her genitals fect only so long as the establishment re- or anus. mains a drugstore, restaurant or hotel as • defined by the state liquor act or regula- (8) To permit the sho�ving of film,still pictures, tions adopted pursuant thereto; electronic reproduction or other visual re- (6) A limitation and restriction as to the means productions depicting: and methods of advertising the sale of in- a. Acts or simulated acts of sesual inter- toxicating liquor on the building and/or on course, masturbation, sodomy,bestial- the premises adjacent thereto; ity,oral copulation,flagellation or any (7) Reasonable conditions limiting the opera- sexual act which is prohibited by law. tion of the licensed premises so as to en- b. Any person being touched, caressed or sure that the licensed business will com- fondled on the breast, buttocks, anus port with the character of the district in or genitals. ' which it is located and/or to the end that c. Scenes wherein a person displays the nuisances will be prevented. vulva or the anus or the genitals. ( ode 1956, § 308.11(b)) Supp.No.4 , 2181 $409.11 LEGISLATNE CO E Sec. 409.11. 'I�ansfer of license; change in ser- ma agement services. Prior to the city council's vice area. con ideration of said application, the application (a) No license granted hereunder shall be trans- sha be read by the city clerk at the next regular ferable from person to person or from place to mee ing of the city council. place (including changes in licensed areas) with- T e council's committee designated to hear li- out the consent of the city council, which consent cens matters shall then schedule a date for pub- shall be evidenced by resolution passed by the lic aring upon said application for transfer or city council. No license granted for a specified cha e in licensed area. At least forty-five (45) part of any particular premises shall permit sales days before a public hearing on a transfer or change of such liquor on a part of such premises not in li ensed 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 re ide within three hundred fifty (350) feet of use such other portions of the premises for such the tablishment to which the license is to be sales. tran ened or area changed, and all community . The transfer of stock in any corporate license org izations that have previously registered with said epartment to be notified of any such appli- shall be deemed a transfer within the meaning of catio , of the time, place and the purpose of such this section, and no such transfer of stock shall be heari g, said three hundred fifty (350) feet being made without the consent of the city council. calc ted and computed as the distance measured It is hereby made the duty of the officers of any in a traight line from the property line of the corporation holding a license issued under the build g where intoxicating liquor is sold, con- authority of this chapter to notify the city council sume or kept for sale to the property line owned, of any proposed sale or transfer of any stock in lease 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 committee desi;nated to hear li- council given in the manner above set forth. The cense atters a list of the names and addresses transfer of any stock without the knowledge and of eac person or organization to Iwhom notice consent of the city council shall be deemed suf�'i- was s nt, and certification of such list by the cient cause for revocation by the council of any depar ent shall be conclusive evidence of such license a anted to such corporation under the au- notice. A transfer or change in licensed azea under thority of this chapter. this s tion only becomes effective upon compli- Such corporate officers shall also notify the city ance 'th this section and consent of the council by res lution.The failure to give mailed notice to council �vhenever any change is made in the o�- owner or occupants residing within three hun- cers of any such corporation, and the failure to so �ed i ty (350) feet, or to community organiza- notify the council shall likewise be sufficient cause tions, defects in the notice,shall not invalidate :or revocation of any liquor license granted to the tra sfer provided a bona fide attempt to com- such corporation. ply wi this section has been made. A bona fide Notwithstanding the pro�isions of this section, attem is evidenced by a notice addressed to publicly owned corporations whose stock is traded "owne ' and to "occupant" of the listed address. :n the open market may comply with the require- Only o e notice need be mailed to each house or ments pertaining to stock ownership and stock each re tal unit within a multiple-family dwell- transfer by furnishing the council with the names ing reg rdless of the number of occupants. and addresses of all stockholders of record upon The otification requirements of this section each renewal of the license. shall n t be applicable �vhere the license is to be An application for the transfer of such a license transfe red to a place located within the down- .=ha11 be made by the !ransferee upon forms fur- town b siness district. For purposes of this sec- �ished by the division of license and permit ad- tion, do ntown business district �hall include all -ninistration of the department of finance and that po ion of the City of Saint Paul lying within Supp.No.4 2182 . LICE SES 3 409.13 and bounded by the following streets: Be;inning from place to place into a liquor patrol limit sub- at the intersection of Shepard Road with Chest- ject to all the restrictions and requirements of nut Street, Chestnut Street to Pleasant Avenue, Section 17.0?.2 of the City Charter. Pleasant Avenue to Kellogg Street, Kellogg Street to Summit Avenue,Sumnut Avenue to Tenth Street, �d) Notwithstanding the foregoing, no licensee Tenth Street to Interstate Freeway 94, Interstate shall be alIowed to change the location of the Free��•ay 94 to Lafayette Bridge, Lafayette Bridge licensed premises for on-sale intoxicating liquor to where the bridge crosses over Warner Road, �Pjace to piace transfer) to any location within a «'arner Road to Shepard Road, Shepard Road to one-half-mile radius of �vhich 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 license one-half mile of the new location and the previous shall be transferable from person to person; pro- location was acquired or condemned by a body vided, however, that until December 31, 1989, having the power of eminent domain, or the pre- such license may be transferred from person to vious location was destroyed or made unusable by person if the following requirements are met: fire or natural disaster, or the lease for the previ- ous location espired and the landlord was unwill- (1) The consideration for the transfer, whether � ing to renew it. This paragraph does not apply if e�cpressed as payment for the license or for the proposed new location lies �vithin a desi�nated the transferor's consent to the transfer,shall commercial development district. not exceed the license redemption value (Code 19�6, § 308.16; Ord. No. 17172, 10-23-8-�; under Section 409.19 at the time the trans- Jrd.No. 17173, 10-23-84; Ord.No. 17177, 10-23-84; . ' � fer is approved; Ord. No. 17551, § 5, 4-19-88) • � (2) The transferee may operate said on-sale Sec. 409.12. R.evocation;suspension;fine. license for the hLenty-four-month period ne.�ct following the approval of the transfer only �ny license or permit under this chapter may in a commercial development district as be either suspended for up to sixty (60) days or defined in Section 17.07 of the City Char- re�oked 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 trans- holder has failed to comply with an applicable feror has for the six (6) months preceding statute, rule or ordinance relating to alcoholic approval of the transfer discontinued its beverages. No suspension, revocation or fine shall . operation or cIosed 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-sale li- Section 310.05 of this Code. cense shall be transferable from person to person. (Code 1956, § 308.14;Ord.No. 17�22, § 1,12-24-87; Ord. No. 17551, § 6, 4-19-88; Ord. No. 17574, § 1, (c) Not�vithstanding any other provision in the 7-12-88) Saint Paul Legislative code, an on-sale license - may be transferable from place to place within �c. 409.13. Inspector's duties. one liquor patrol limit as defined in Section 17.07 of the City Charter, and from such liquor patrol It is hereby made the duty of the inspector to limit to any location in a commercial development see that no applicant for any license hereunder district, also as defined in said section of the Char- begins to operate such business until the license ter,so long as the transfer and new location meet has actually been issued to such applicant so to alI the requ'rrements of law, ordinance, Code or do by the inspector. Ctisrter. r�►: cti-=_al� license may be transferable (Code 1956, § 308.21) Supp.No.5 2183 . . . � 9- � ��/ $409.14 LEGISLATNE CO Sec. 409.14. Owner's responsibility. seve ty-five dollars ($875.00) payable in two (2) (a) Any act by any clerk, barkeeper, agent, ser• equa amounts, the first to be paid before the vant or employee of any licensee hereunder, in licen e is issued or renewed, the second payment violation of this chapter, shall be deemed the act to be ade within sis (6)months from the date of of the employer and licensee of such place as well issua ce or renewal. Where a transfer of a license as that of such clerk, barkeeper,agent, servant or �s ap roved by the council, the fee to be charged shall be the prescribed annual fee less a credit employee, and every such employer and licensee �ven for each month or portion of a month re- shall be liable to all the penalties provided for the maini g of the original term. The licenses shall violation of same equally with the clerk,barkeeper, be va id on all days of the week consistent with agent, servant, or employee. the h urs of sale provided in Section 409.07(a). (b) Any sale of intoxicating liquor by a clerk, All ot er provisions of this chapter shall be appli- barkeeper,agent, servant or employee made in or cable o such licenses and licensees unless incon- from any place duly licensed to sell nonintoricat- sisten herewith. . ing malt liquor but not duly licensed to sell intox- (c) ublic hearing,• notices. No new on-sale wine icating liquor shall be deemed the act of the em- licens shall be issued, nor any existing license ployer and licensee, as well as that of the person transf rred from place to place, until the council actually making the sale, ar,d every such employer shalI ave first held a public hearing on the ap- and liCensee of such place shall be liable to all the plicati n. The notification requirements applica- penalties provided in this chapter for such sale, ble to ransfers or change in licensed areas in equally with the person actually making the sale. Sectio 409.11 shall be applicable to the issuance (Code I956, §§ 30824, 308.25) of new on-sale wine licenses or transfers from place t place. Sec. 409.15. On-sale wine licenses. � (d) D -sale malt beuerages: A holder of an on- (a) Definitions. The following definitions shall sale wi e license issued pursuant to this section apply to this section: who is lso licensed to sell on-sale nonintoYicat- fl) Resta�rant shall mean an establishment ing ma liquor and whose gross receipts are at ' under the control of a single proprietor or least si ty (60)percent attributable to the sale of food ma be permitted by tl�e city council to also manager, having appropriate facilities for sell int xicating malt liquors at on-sale in con- serving meals and for seating not fewer junction with the sale of food without having to than twenty-five (25) guests at one time pay an additional license fee. Such authoriza- and where,in consideration of payment there- tion, if pproved by the council, shall be noted for, meals are regularly served at tables to upon th licenses issued by the inspector. This the general public, and which employs an provisio is enacted pursuant to authority granted adequate staff to provide the usual and suit- by Minn sota Statutes, Section 340A.404(5). able service to its guests. (Code 1 56, § 308.27; Ord. No. 16912, 4-22-82; (2) On-sale wine license shall mean a license Ord. No. 17247, § 2, 6-6-85; Ord. No. 17328, § 3, authorizing the sale of wine not exceeding 1-23-86; rd.No. 17491, § 1, 9-16-87) fourteen(14)percent alcohol by volume,for consumption on the licensed premises onl}•. Sec. 40 16. Issuance of new licenses. in conjunction with the sale of food. (a) Ap licability. This section applies only to (b) Issuance of licen.se; /'ee; conditions. On-sale the issua ce of new licenses and to the reissuance wine licenses may be issued, subject to the ap- of license under this chapter which have reverted proval of the liquor control commissioner, to the to the Cit of Saint Paul for any reason,including proprietor of any restaurant as defined in this revocatio , the death of the licensee, or lapse of section and without regard to Section 409.03 lim- the licen by failure to renew.This section is not itations_ The license fee shall be eight hundred applicabl to renewals or transfers of licenses. Supp.No.5 2184 � LIC NSES 3 409.16 (b) Special issuance excise tax—Off-sale: tomarily placed on transfers between pri- (1) The council shall condition the issuance or • vate parties, rather than to confer it upon re-issuance (hereafter, "issuance") of a li- one licensee as a windfall benefit. cense under this section upon payment of (c) Special issuance tax—On-sale. the special issuance tas in addition to all other requirements of this chapter and this �1) Not�vithstanding any other provision of law section. or ordinance, the council shall condition the issuance or reissuance (hereafter, "is- (2) The special issuance ta�c shall be an amount suance") of an on-sale license under this equal to the fair market value of the li- section upon payment of a special issuance cense as defined in subparagraph(3)of this tas determined in accordance with this sub- subdivision. division, in addition to all other require- (3) A license issued under this chapter and ments uf this chapter and this section. The this section is a privilege accorded to the proceeds of such tas shall be used for the licensee to engage in the activities permit- redemption of licenses under Section 409.19. ted thereunder,and is neither property nor , �e terms "issuance or reissuance," as used a property right. The phrase "fair market in this subdivision, do not include the issu- value," therefore, means, for the purpose ance of an on-saIe license as an absolute of this section, the pecuniary value custom- first priority under pa-ragraph (e) of this (�"�. arily placed upon the consent of a license section, and no such tax will be imposed holder to the transfer of his license by the thereon. parties to such a transfer as authorized by (2) The special issuance taX shall be an amount •. . this chapter and Section 310.11.The value determined by the following schedule: , �� of such a consent necessarily does not in- a, From August 1, 1984 through January clude real property, fi.ctures, equipment, 31, 1986—�40,000.00; inventory, good will or any other assets. b. From February 1, 1986 through Janu- (4) Such fair market value, as defined in sub- ary 31, 198?—�36,000.00; paragraph (3), shall be determined by mo- c. From February 1, 1987 through Janu- tion agreed to by a majority of the mem- ary 31, 1988—$32,000.00; bers of the council after the council's d. From February 1, 1988 through Janu- committee designated to hear license mat- ary 31, 1989—�28,000.00; ters takes testimony at a public heazing e. �Yom February 1, 1989 through Decem- held before the receipt of any application. ber 31, 1989—�24,000.00. Such value may be established by testimony �3) An on-sale license is a privilege accorded to of the inspector regarding recent license the licensee to engage in the activities per- transfers, and shall be the value as rea- mitted thereby, and is neither property nor sonably aiay be determined on or about the a property right. Such privilege is not im- time of issuance of such license under this pliedly altered by the city's discretionary section. The council's committee designated aption to pay a redemption value for out- to hear license matters may also hear any standing licenses or by the payment of a other relevant evidence. Notice of such pub- special issuance tax. Such provisions have lic hearing shall be published once in a been adopted by the city council in order to newspaper of general circulation in the city not less than ten (10) days prior to such �e into account the private pecuniary value hearing. customarily placed on the consent of a li- cense holder to the transfer of a license by � (5) It is the intent of the council in adopting � the private parties to that transaction,said this section to gain for the citizens of the transfers now being prohibited by law. City of Saint Paul this value which is cus- Supp.No.4 2185 §409.16 LEGISLATNE C DE (d) Applicatiores: that fact and the grounds for the recom- mendation and provide them with an op- (1) The council shall, after determining the portunity to be heard before the council's amount of the special issuance tas, by mo- tion instruct the inspector to receive appli- commitiee 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 esceed thirty(30)days during such hearing, determine whose applications which such applications will be received. may further be considered despite the ad- verse recommendation made. If the council (2) All applications shall be made on such forms determines that one or more recommenda- and contain such information as the inspec- tions for denial are well-founded, the ap- tor may require and shall be accompanied plications involved shall not be included by an application fee of one hundred dol- for random selection. lars (�100.00). Such application fee is in addition to the proportion of the special e) Selection—Off-sale. issuance escise tax required by subparagraph 1) Upon receiving the report from the inspec- (4) of this subdivision, and in addition to tor that all the eligible applications have the annual license fee required by Section '�been received, inspected and investigated, 409.05. This application fee shall be retained and after hearing having considered and by the city to defray its expenses hereun- determined whose applications may further der whether or not the applicant receives a be considered despite any adverse recom- license. mendation made, the council's committee (3) Each application must meet all the require- designated to hear license matters shall by ments of law and this section, including motion set a date for a public heazing 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 public hearing, the secretary of the department of fire and safety services.The council's com�ittee 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 heaz investigation of each applicant as may be license matters. Such pieces of paper shall , appropriate.When all inspections have been be placed in an opaque container from which • made and recommendations received by the one name shall be drawn at random by a inspector, it shall notify the council. member of the council's committee desig- (4) Each application shall be accompanied by nated to heaz license matters as designated the deposit of a sum of money equal to ten by the presiding officer of the council's com- (10) percent of the speciai issuance excise �ittee designated to hear license matters. tax in the form of a cashier's check or certi- �e applicant so selected shall be announced, fied check payable to the "City of Saint and shall be awarded the license, by resa Paul." lution,upon payment within forty-eight(48) hours thereafter of the remaining ninety (5) In the event either the inspector or one of (90) percent of the special issuance excise the agencies reporting on the applications tas. makes a recommendation that no license be issued to one or more applicants, the �3) In the event the applicant so chosen fails to inspector shall inform such applicants of Pay the remainder of the special issuance Supp.No.4 � 2186 L ENSES §409.16 e:ccise tas within forty-eight(48)hours,the ing and serving meals to not less than council's committee designated to hear li- fifty (50) guests at one time, ranked in cense matters shall select another applicant the order of such seating and serving in accordance with the procedures in this capacity from the greatest number down section. to fifty (50); (4) The deposit of ten (10) percent of the spe- d. Applicants for the operation of restau- cial issuance escise tas shall be retained rants or hotels not covered above,ranked by the city until the license is awarded, in the order of capacity for seating and after which time the deposits of the unsuc- serving meals to guests from the great- cessful applicants shall be refunded. In the est to the lowest seating and serving event any applicant demands and receives capacity; and back his deposit prior to the a�vard of the e. All other applicants, in the order by license, the application shall be deemed to date and time on which their completed have been withdrawn. applications were received by the license inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from the inspec- •� the city may apply for the issuance of a tor that all the eligible applications have ne�v on-sale license within one year of such been received, inspected and investigated, redemption. and after hearing having considered and �g) 1Vonissuance Nothing contained in this sec- determined whose application may further tion shall obligate the City of Saint Paul, nor be considered despite any adverse recom- imply any obligation, to reissue any licenses which mendation made, the council's committee have reverted to the city. The city council may, designated to hear license matters shall by by resolution, declare that such licenses shall not motion set a date for a public hearing at be reissued, specifying any length of time deemed which one or more applicants, depending advisable during which no such licenses shall be on the number of licenses to be issued, are re-issued. to be chosen according to the priorities set forth in this subdivision. (h) Council contact prohibited No person may , (2) If there are more qualified applicants than communicate with any member of the city council I� on-sale licenses to be issued,applicants shall regarding any application or applicant for issu- ' be entitled to receive such licenses accord- ance or re-issuance of a license pursuant to this ing to the following order of priority: section unless such communication is made dur- 'ng the co•.u-se of a public hearing before the coun- a. As an absolute first priority, an appli- il's committee designated to hear license mat- cant who purchases an existing busi- ers held pursuant to this section. ness having an on-sale license with the intent of operating said business at the (i) Neighborhood Betterment Fund A Neighbor- same location for at least one year ood Betterment Fund is hereby established, to thereafter; hich ten (10) percent of the proceeds of the spe- b. Applicants for the operation of restau- ial issuance tax are hereby appropriated. Such rants capable of seating and serving nd shall be used to assist the housing and rede- meals to not less than one hundred elopment authority of the City of Saint Paul, � (100) guests at one time, ranked in the innesota, in the acquisition, clearance or rede- order of such seating and serving ca- lopment of blighted or deterioi•ated areas and pacity from the greatest number down s ructures in neighborhoods having concentrations to one hundred(100?; o businesses licensed for the sale and consump- c. Applicants for the operation of hotels t n of intoxicating liquor on the premises, ��hich having dining rooms capable of seat- a quisition,clearance or redevelopment are hereb}• Supp.No.4 2187 Supp.No.4 2188 �40921 LEGISLAT CODE charitable organization, and pull-tabs (7) The licensee shall be responsible for the and tipboards shall neither be sold by chariiable organization's conduct of selling • employees of the licensee nor sold from pull-tabs and tipboards. The city council . the bar service area. may suspend the licensee's permission to f. The construction and maintenance of allow gambling on the premises for a pe- the booth used by the charitable orga- riod up to sixty (60) days for any violation nization shall be the sole responsibil- of state or local gambling laws or regula- ity of the charitable organization. 'tions that occur on the premises by anyone, g. The lease shall contain a provision per- including the licensee or the charitable or- mitting the licensee to terminate the ganization. A second violation within a lease if the charitable organiaation is twelve-month suspension, and any additional found guilty of any violation of state or violations within a twelve-month period shall local gambling statutes, ordinances or result in the revocation of the gambling rules and regulations. permission, and may also be considered by the council as grounds for suspension or . (3) Only one charitable organization shall be revocation of the on-sale liquor license. permitted to sell pull-tabs and tipboards o (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) organi2 Ch.402;bingo halls,Ch.403;game rooms,Ch.406. tions at separate times in a Class B esta lishment,and no more than two(2)charitab Sec. 409.22. Charitable gambling regulations. organizations shall be permitted to sell pu - tabs or tipboards on the licensed premis s The sale of pull-tabs and tipboards in on-sale of a Class C establishment, provided th y licensed premises shall be conducted only by quali• � are located in totally separate areas. fied and state-licensed charitable oraanizations. In addition to satisfying the qualifications set forth (4) The licensee may not be reimbursed by t e in Minnesota Statutes, chapter 349, the following charitable organization for any license or regulations and qualifications must be complied permit fees, and the only compensation w ch with by all such charitable organizations: the licensee may obtain from the char ta- �'��a) Must be a nonprofit charitable volunteer ble organization is the rent fixed in he organization whose primary function is the lease agreement. support of athletic activities, including the (5) The licensee must commit to a minimu of follo�ving activities: Acquatics, baseball, bas- twenty (20) hours of sales of pull-tabs and ketball, boxing, football, gymnastics, golf, tipboards for the charitable organizati n. • hockey, skiing, soccer, softball, speed and figure skating, tennis,volleyball and wres- (6) As a qualification `'�r removal of the per- tling. The council may, at its discretion, mission to allow the sale of pull•tab and include nonprofit charitable volunteer or- tipboards on the licensed premises, t e li- ganizations whose primary function is the censee must demor.strate to the lice e in- support of youth activities other than ath- spector that at least one thousand llars letics after an initial six-month period, pro- ($1,000.00) in gross gambling rev nues vided such organizations meet all other re- weekly are generated in a Class A stab- quirements of the charitable gambling lishment, two thousand dollars($2, 00.00) ordinance. in a Class B establishment, and tw thou- (b) Must be a local charity serving youth, a sand dollars ($2,000.00) per chari y in a majority of which are from St. Paul and/or Class C establishment, based on a wenty- spends a majority of its revenues on St. hour-per-week operation. Paul youth. Supp.No.4 2190 . . �'9- e�� • . LICENSES §�09.23 (c) Must have been in esistence for t ree (3) � (r) Shall pay to the city-wide organization des- years. ignated by the city council ten (10)percent (d) Nlay not be supported by a school thletic 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:rpended for such (e) Must file with the license inspecto annu- la�vful purposes as specified in Minnesota ally a list containing the names nd ad- Statutes, Chapter 349. dresses of all current members. (s) The charitable organization shall not use a (� Must use gambling proceeds only f r youth pull-tab or tipboard which does not return athletic activities. If the organizat on gen- to the players a minimum percentage of erates funds for other uses, it m t keep seventy-five (75) percent, nor a masimum separate and accurate accounting records percentage of eighty(�0)percent,which per- of all gambling receipts and disburs ments. centage shall include free plays awarded. (g) Must file financial reports weekly ith the (t) The charitable organization will be respon- license inspector. sible for the booth and other equipment (h) May not have a gambling license n more ' used in the operation as a deductible es- than two(2)Class A establishmen and no pense of the charity. more than one Class B or Class estab- (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § lishment in the City of St. Paul. 1, 3-10-88) Cross zeference—Lawful gambling,Ch.902. � (i) Must e.�chibit and sell pull-tabs and 'pboards � . � in a method as required by th license Sec. 40923. �nd established;administration. inspector. (a) There is hereby established a special fund (j) May be required to demonstrate t the city for the administration and distribution of the pro- council that the majority of their total in- ceeds contributed by charitable gambling in on- come is given to youth athletic ac "vities. sale liquor establishments as specified in this chap- (k) Workers or managers may not di ulge the ter.bionies in this fund may be expended only for number of or the dollar amount o the win- such lawful purposes as set forth �n Minnesota ners at any time. Statutes, Chapter 349, and shall be expended to assist youth athletic organiaations which are not (1) Shall not comingle game cards. selling pull•tabs and tipboards in licensed estab- (m) Shall pay employees a minimu wage of lishments. three doilars and thirtyfive cen s ($3.35) (b) The city council shall appoint a city-wide per hour (federal minimum wag ) and no charitable organization and youth or adult repre- more than five dollars($5.00)per our. sentatives from each of the city's recreation dis- (n) Shall comply with all the provisio s of Min- tricts to advise the city on the disbursement of nesota Statutes, Chapter 349. these funds. The council, with the advice of the appointed city-wide charitable organization and (o) Gambling manager's compensation shall not representatives, shall by resolution adopt rules exceed fifty dollars($50.00)per w ek. and regulations governing the administration of (p) Shall register with the state gamb ng board the fund,eligible applicants and appropriate uses all equipment and supplies use in a li- for the funds.These rules shall include the following: censed on-sale liquor establishm t. (1) Applicants for funding must be incorporat- (q) Shall post in a conspicuous place ules and ed, nonprofit organizations formed for the regulations concerning charitable gambling P'-�Pose of supporting youth sports and ath- � as required by the license inspec or. letic programs. Booster clubs organized for Supp.No.4 2191 §409.23 LEGI LATNE CODE a recreation center or a specific sport m (.4) Gamblin; managers may not receive more be eligible, but organized school team , than fifty dollars (�50.00)per week for com- whether public or private,will not be eligibl . pensation for services as a gambling man- (2) Applicants shall provide information setti g ager. forth its stated purpose, number of parti i- (5) All gambling managers must successfully pants served, area served and reasons w y complete a training program established the funds are needed. by the city, which trainin; program shall (3) Funds may not be used for capital espe s- include state charitable oambling laws, city charitable gambling ordi,lances, accounting es, nor for salaries or travel espenses, b t procedures, record keeping and reporting may be expended for an individual or te representing the city or state in a state r procedures and methods. national championship tournament. (Ord. No. 17321, § 6, 12-31-85) (4) No organization operating charitable ga - Sec. 409.25. Temporary wine and liquor li- . bling in the State of Minnesota will be li- censes. gible to receive funds. . (a) Wine licenses. Notwithstanding any other , (5) Funds will be awarded on a matching ba is provision of this chapter, a bona fide nonprofit only. charitable, religious or veterans or;anization may (6) Organizations receiving funds shall file� th obtain on-sale license to sell wine not eYCeeding the city financial reports showing how he fourteen (14) percent alcohol by volume for con- funds were expended and for what purp se. sumption on the licensed premises only. The fee No additional grants w-ill be made u til for such license shall be one hundred thirty-five the organization has filed such report of dollars ($135.00) per day, and licenses shall be previous expenditures. issued for periods not to esceed three (3)consecu- (Ord. No. 17321, § 5, 12-31-85) tive days. No organization shall be granted more ; than two(2)such licenses per calendar year. (b) Liq�or licenses. Notwithstanding any other Sec. 409.24. Gambling managers. � provision of this chapter, a club or charitable, No person shall be a manager of any charit ble religious or other nonprofit organization in exis- organization selling pull-tabs and tipboards i on- tence for at least three (3) years may obtain on- sale liquor establishments unless licensed by the sale license to sell intoxicating liquor for consump- city as provided herein and compliance with the tion on the licensed premises only and in connec- following requirements: tion with a social event within the city sponsored by the licensee. The license may authorize on- (1) Application for gambling manager lic nse sales on premises other than premises the licen- shall be made at tl:e offce of licens in- see owns or permanently occupies. The license spector on forms provided by said o ice. may provide that the licensee may contract for The annual license fee is one hundre dol- ��xicating liquor catering services with the holder lars($100.00). of a full year on-sale intoxicating liquor license (2) Gambling managers shall meet all t re- issued by the City of Saint Paul.The fee for such quirements of Minnesota Statutes, ap- license shall be one hundred thirty-five dollars ter 349, and must file proof that a ten hou- ($135.00)per day, and shall be issued for not more sand dollar (�10,000.00) fidelity bon has than three (3) consecutive days. No organization been provided. shall be granted more than two (2) such licenses per calendar year. (3) An individual may not manage any ari- table organization's gambling operati n for (c) Application. Application for such temporary more than three (3)consecutive years licenses shall be made on forms provided by the Supp.No.4 2192 LICENSES §410.26 inspector and shall contain such information as subject to the provisions of these chapters govern- specified by the inspector,including the follo�vi : ing Class II licenses.The inspector shall make all (1) The name, address and purpose of the r- referrals as provided by Section 310.03, but the ganization, together with the names d director may require the inspector to issue such addresses of its officers. license before receiving any recommendations on the application therefor if necessary to issue such (2) The purpose for which the temporary lice e license on a timely basis. . is sought, together with the place, d es (Ord. No. 17459, § 1, 5-28-57; Ord. No. 17569, § 4, and hours during which wine or intosi at- 6-7-88) ing liquor will be sold. (3) Consent of the owner or manager of he �c. 409.26. Into�cating liquor; presumptive penalties. premises, or person or group with la ul responsibility for the premises. (a) Purpose. The purpose of this section is to (4) Evidence that the applicant has obta' ed establish a standard by which the city council and has in force a bond in accordance ith determines the length of license suspensions and Section 409.06(j), and liability insuran in revocations, and shall apply to all on-sale and accordance with Minnesota Statutes 1 86, � off-sale licensed premises. These penalties are pre- sumed to be appropriate for every case; however, Section 340A.409. the council may deviate therefrom in an individ- (d) Application of other prouisions of this c a� ual case where the council finds and determines ter. No other provisions of this chapter shall a ply that there esist substantial and compelling rea- to licenses granted under this section, except ec- sons making it more appropriate to do so. When � tions 409.06, 409.07, 409.08 (e:ccept clauses (11) deviating from these standards the council shall � and(12)), and Sections 409.09 through 409.1 . provide �vritten reasons which specify why the penalty selected was more appropriate. (e) C1ass II license. Notwithstanding any ther provision of law to the contrary, the temp rary (b) Pr'esumptive penalties for violations. Adverse wine and liquor licenses provided in this se tion penalties for convictions 'or violations shall be shall be administered as a Class II license and presumed as follows: .'� � Type of Violation 1 st Violation 2nd Violation 3rd Violafion (1) Commission of a felony related to he li- Revocation NA NA censed activity (21 Sale of alcoholic beverages while lic nse is Revocation NA NA under suspension (3) Sale of alcoholic beverages to un er-age 5 consecutive Revocation NA person days suspension (4) Sale of alcoholic beverage to into icated 5 consecutive 15 consecutive Revocation person days suspension days suspension (5) After hours sale or display of a coholic 3 consecutive 9 consecutive Revocation beverages days suspension days suspension (6) Refusal to allow city inspectors o police 5 consecutive 15 consecutive Revocation admission to inspect premises days suspension days suspension (7) Illegal gambling on premises � 3 consecutive 9 consecutive Revocation . days suspension days suspension Supp.No.4 2193 § 410.26 • LEGIS ATNE CODE Type of Violation 1 st Violation 2nd Violation 3rd Violation (8) Permit person to leave premises with a o- 3 consecutive 9 consecutive Revocation holic beverages days suspension days suspension (9) Failure to make application for license re- 15 consecutive 45 consecutive Revocztion newal prior to license espiration date days suspension days suspension (10) Violations of city ordinances pertainin to 5 consecutive 15 consecutive Revocation fire or building or health codes days suspension days suspension (c) Computation of time. For the purpose of e- (c) Off-sale licenses shall permii the licensee of termining the number of occurrences of violatio s, such nonintoxicating malt liquors to sell same in the council shall consider a violation as a seco d original packages for consumption off the prem- occurrence if it occuned within eighteen (18) 1- ises only. . endar months of the first violation, and shall c n- (d) Nothing herein contained shall be construed sider a violation as a third occurrence if it c- curred within thirty (30) calendar months of he to prohibit the sale and delivery in original pack- second violation. ages directly to the consumer by the manufac- turer or distributor of nonintoxicating malt liquors. (d) Other penalties. Nothing in this section s all restrict or limit the authority of the counci to �e) No off-sale license shall be issued for any suspend up to sixty (60) days, revoke the lice se, Place where nonintoxicating malt beverages shall impose a civil fine not to esceed two thou nd be sold for consumptian on the premises. dollars (�2,000), to impose conditions or take ny (fl "NonintoYicating malt liquor" is any fer- other adverse action in accordance with law; ro- mented malt liquor, potable as a beverage, con- vided, that the license holder has been affo ded taining not less than one-half of one percent('/� of an opportunity for a hearing in the manner pro- 190) 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) i! Sec. 410.02. Fees. Chapter 410.Nonintoxicating Malt Liq r* . Before the filing of an application for either of Sec. 410.01. License required; definit ons; the ]icenses 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 malt application is for an on-sale license, and the sum liquors at retail in Saint Paul without a lic nse. of fifty dollars($50.00) if the application is for an • (b) On-sale licenses shall permit the li ensee off-sale license,and the inspector shall thereupon for the sale of said nonintoxicating malt 1 quors deliver to such applicant duplicate receipts there- to sell such for consumption on the premis s. On- for, containing a statement of the purpose for sale licenses shall be granted only to resta rants, Which such deposit was made, and one of said . hotels,bona fide clubs, establishments for he ex- receipts shall be attached to and filed with said clusive sale of nonintoxicating malt bevera es and application. establishments licensed for the exclusive ale of (Code 1956, § 310.03; Ord. No. 16843, 10-20-81) intoxicating liquors. ' Sec. 410.03. Licensing requirements. •Cross references—Liquor and beer regulations genera]- ]y,Title XxN; intoxicating liquor,Ch. 409; use of eer and (a) Application. Any person desiring either of intoxicating tiquor prohibiced in motion picture driv -in thea- the licenses as hereinbefore described shall first tTes, §ais.oscb). make an application therefor to the council of the Supp.No.4 2194 Vw�AnT �{JLI�AM�MEry T / /'� .1�..../• ewe _ M�roa / V 1"1'Y V t'' A 1 IV "1" I�A U L File N 0. � �l�p .e'�t�i2?l�s��i3✓ _ � - Ord n�nce Ordinance N�. �710� .i Presented By .•f, . . ';•�' .f .'. . —= Referred To � � Committee: Date Out of Committee By Date � . - .. ..;�� A.-� o dinance �eadin� sec*_ions 4G4.10, 4 9.ZI, 4(��.2? and 4!J9.23 of ' ' . t�L Saint Pau� Le�islative Code to �rov_de f r further re.�ulatian o� the conc�uct o la-�:ful g�blirC on licer_�ed �r�riis..s d in eriv3te clubs . TI� r^L�:�;�IT._. QI' T'_-� CIiY OF S I:s't' P,4I?L �OES �JRDAI;7: Sect?on I. S,ctton 4C9.2�{�) (I) of the Saint raul Legislative Code is ��re�y �:.enned to rzaC as fo so��s : �I) Onl; c�aritabl� r �raf:t or�a.��zations Iicer_se� b� t;�e ��ate of '-finr_es ta to OT.?°r2�L' t�;�tioards a� T�L? �3t�S ir'_ 98E �3�*aE�'�T xt3P.Et�6P_ �5 �3e B13T399Y�-8's . 2c`?.��i$ BE��F?-$i@9 8..? 8°�bT?�a►�.t 3 88�A�:.zSJ er c�?� �ett�� =rea �� 6y�� e= �a}�� ati� e� eea��i��t�s e �t��e=i�� g£ =�s �s�e�� s o� �e�a� Fat�� ge�� II3�; �A allot�ed to sell �ullt2, s anci tipboar�s on the licens�� nre�:.�es . ' Sectian �. '' Section 4�9.�1 of the a�nt taul Legislative Coc� is nes�by a.*�erded by addin; at t�e �r t�Zereof neT� ��in3ections (c) ('_) , (c) (2) and �c) (3) to reac� as � ?lo.�a : COUNCIL MEVIBERS Yeas Nays Requested by Department of: Dimond �ng In Favo Goswitz Rettman Scheibel A gai n s t BY Sonnen ��ilson Adopted by Council• Date Form Approved by City Attorney CP•tif�`ed Passed by Council Secretary BY �� Approved by Mayor: Date Approved by Mayor for Submission to Council By By %`�� . �, g_ �'��/ -2a- " (c) (1) rTotwithstanding a y other provision of law or of �sections 4�9 . 21 and 40 . 22 of this chanter, not more than five (5) charitable onprofit organizations z•�hich qualify as ' large oroani ations ' riay be permitted to conduct lawful gamblin� 'n the form of pu11-tabs and tipboards on licensed pr mises after r.ieeting all other requirements of chapters 310 and 409 of the Saint Paul Legislative Code and of ny other a�plicable statute, reg,ulation or ordinance. The term ' large organization' for the nur�ose of this hanter shall mean and include any charitable nonprofit organization �ahich has the size and resources , as �a 11 as the public �acceptance � and drawing power, suffi ient to dominate in the com- petition for licensed pr mises in which to conduct charitable gambling so to make it difficult or im- possible for small char' able nonprofit organizations to find suitable or des' able premises in which to raise funds by charitab e gambling . ' An charitable non�rofit organization i) whose annua �ross revenues for the immediatel pas iscal or ca en ar year trom a sources are in exce s o , , or ii w ose . annua manaaement an a rainistrative expen itures tor its current bud et year are in excess o , 3 , , , or iii tti7enty- ive pe cent o or more o �a ose net nro zts rom c arit e, gam ing are or ave een istri ute in at east t ree o t e ast ive vears to anot er nonpro it or c �rita e or�anization o �a ic it is a oca c. ter or su si iary, s a e �resume to e a ar�e cornoration. T e computation o t e a ove o ar am nts s a e the total for both the charitable no rofit organization in question and any other such organization, if such other organization: (i) has the power t appoint a majorit,y of the governing body f the organization in question; - (ii) has or exerci es the authority to direct or control t e ��ork of the officers or employees of the organization in question; (iii) provides hal or more of the gross • revenues of the or anization in question; or . �`�8 �g' �� iy�i3 -2b- (iv) franchises or ch rters the or�anization in question, or permits he organization in question to use its narne and/o organizational symbols in the conduct of the fu d-raising activities of the organization in quest on. (c) (2) No endorsement to the on-sale license shall be granted to any on-sale 1 censee for a larae organization until thirty (30) days a ter the �effective date �of this ordinance. If there are more than five �qualified anplicants for such endo sement , the counfi�l shall by motion set a future re�u ar council meeting date at which five such applican s shall be selected for the � issuance of the liquor e dorse�ierits authorized herein. Such selection shall be v lot �in accordance with the procedures indicated in ection 409 . 16 (e) (2) (excepting the �aymerit of the spec' 1 issuance excise tax) . Not less than thirty (30) d s after one of such eridorse= ments is revoked, denie or lapses for any reason, the Council may establish a date for random selection among other��ise qualified app icants as provided above. If � the number of applicant at any time is equal to or less than five, or less than the number needed to bring the total of such endorseme ts issued to five, then the Council may issue such ndorsements in the regular � manner. (c) (3) The large organi ations authorized to o�erate �in on-sale licerised premis s as provided for in this sub- � section (c) shall be re uired to comply caith all appli- cable requirements of 1 w and of sections 409 .21 through 409. 23 , including the p yment of 10% of their net profits from selling of pull-ta s as provided by section 409 . 21(r) ." Section 3 . The existing section 40 . 21 (a) of the �Saint �Paul Le;islative Code is herehy reriumbered to be read as s�ection 409.21(a) (1) , and the follotaing new section 4 9 .21(a) (2) is hereby adopted: ;� �a/,- _ . /7G�3 -3- "(a) (2) In the event the permission of any charit- able nonprofit organizat on to conduct lawful gambling on the licensed premises is terminated by the licensed establishme t on whose �remises the organization was . conduct'ng said gambling , or in the event such organizat" on terminates its lawful gambling, as a result o coercion, pressure or unreasonable or unlawfu conduct by the licensee or its employees , the o -sale licensee shall not be able to make applica ion for_ a gamblin; endorse- ment for a new charitab e .nonprofit organization to take the place of th former organization until one year after disconti uance of all gambling activity on the license premises by the former organization. " _ Section 4. Section 409 . 22 of the S int Paul Legislative Code is hereby amended by deleting subsecti ns (a) , (b) , (f) and (j ) ; b;� renumbering the� remaining su sections in� said section 409 . 22 ; and by adding a neta subsecti n to read as follo��s : " ( ) Shall expend �at 1 st �fiftv-�one vercent �or more o its iiet procee s r charitabl�e amblin at Saint Paul locations to or r urnoses whi:ch berie it pro- rams �or activities oc urrin in Saint Pau or w ich directly bene it �subst ntial numbers o Saint Paul resi ents . Section 5. Section 409 .23(a) of t e Saint Paul Legislative Code is hereby amended to read as f llows : "(a) There is hereby e tablished a special fund for ' the administration and distribution of the proceeds contributed by charita le gambling in on-sale liquor establishments as spec' fied in this chapter. Monies � ll�a _ /76/� -4- in this fund may be expen ed only for such lawful purposes as set forth in Zinnesota Statutes , Chapter 349 , and shall be expend to assist youth a�k�e�}e organizations which are ot sellino pull-tabs �and ti�boards in licensed es ablishments . " Section 6 . Section 409 . 23(b) (1) of he Saint Paul Legislative Code is hereby anended to read as fol ows : "(1) Applicants for fund'ng must be incorporated, nonprofit organizations ormed=for the purpose of supporting youth s�e��s ax� a�?3�e�}e programs . Iiooster clubs organized for a recreation center or a s�ecific sport may be eligible, but organized school teans , whether p blic or private, will not be eli�ible . Evidence hat �an or�anizati:oii has � been recognized b the RS as exemnt rom taxation � �ursuant to U. S . C. § O1 or is usin� an or�ani- zation so reco nized as a isca aQent sha e accepted as nroo that ' t is a non ro it �or ani- zation; ut suc evi e e is not t e exc usive ! � metho o estab ishin on ro it status . ' ,, ,, Section 7 . Section 404. 10(6) of t e Saint Paul Legislative Code is hereby amended to read as f llows: "(6)� Ten � ercerit� �(�10%) �of the proceeds received from the gam ing activity ay e ��e�}ded �ea�v �e �kese e�gaa�sa��eas aad ae�' ��es e��g�b�e �t�x�e� �ee��ea � 4A9-��{a3� �shall' be pa'd �t�o �the �Furid �e's�t�ab�lish�e'd� uader � �sect'ioii �4�0 . o �t e Saint �Pau Le is �ative Co e. � � �. «(; . , /7�e�.� -5- Section 8 • Section 404.10(17) of the Saint Paul Legislative Code is hereby repealed. Section 9 • Saint Paul Legislat na �he�eO f ,h�oeby Section 4�9 •21 °� th d at the amended by adding a new s bsection ( ) read as follows : whether a large . �� (d) No charitable rganization, licensed exemp .under state law, ambling organization, ul�_tabs a g by the State of Mon inance�rshallesel�3� estab- permit under any .n more than thre and/or tip boards the city of Saint Paul for lishments licensed by liquor in accordance , rovided, however , that no the sale of intoxi ating Second estab- � �rith section 409 • 2 av operate 1n a era�ion for such organization � full oP - lishment until� it as been in � - �� least three mo ths in tablishr.ientsun lls�ehas at hird est months � nor operate in a at least three been in full oPer tion for in bot h t�� firs and second establishments ." Section 10 . e s all take effect and be in force thirty This ordinanc , ts Passage, approval and publication. (30) days follo�aing Section 11. effective 19 oensu�h . Section 2 of t is ordinance shaon December 31 , as provided herein, and terminating • CANARV � OEPARTMEN7 V 1 1 Y V � A 11V 1 r!� u L `' �° = � '� OIUE �'��voR � File 1`O. . „ � , . Or n�nce Ordinance N0. �!G=/� • Presented By Referred To Committee: Date Out of Committee By Date -b- sectioz to have no force or effect aiter. suc� �ate t.�less raenactQd or e:�tended by th eaactrsent oi a.� ap�ropriate ardinance. _ � ; 'a ' COUNCIL MEMBERS Requested by Department of: Yeas Nays r Dimond �. - �ng �� In F vOc Goswitz Re'Lrinan �� B Scheibel Agai st Y Sonnen , wlson . t-,. ' Form Approved by City Attorney Adopted by Council: Date " ' � �'--tified Passed by Council Secretary By , . . _ ; �y • �� . :.-�:-�..,_..:' _ Approved by Mayor• Date � �� !.. � � � Approved by Mayor for Submission to Council By BY Page 1 . • C�SICn'3, iI:C. DBA: P.eaney's Bar On Sale Liquor � . , n oo - � � Pres. �i e ?res. Sec.Tr. 1-•ic"ael J. ?ea.*�ey, �r. cn o cn �''' t - ro �'' w �tock .:ichael �. :�eaney, Jr• ro N � 0 � H � i z � < � ' I� N -ti � fD � O Cr7 6' cn � e+ M UI � �-'�� A� F-+ � G Q' N �, cy* ~' c`�u � � OFF CER CARD C/i�',� '��1�� : �r. � "S � � � � f"f � Lw�.�i-� ��.��+ -��'�-!�ti � � � � � ~ � 3 � (D 1-�• fD O+ � t�' � � r�J i('1� � � W � ~�..y. `^ r1 �.J �'�' N�..�y `/ 1� vi � � � W v � �S , t H i — -- C7 � � � �' '-' �o a o CUS CI:'S, I�1C. � �• � 870- Payne Avenue-Ol � � � � � w w w w ba Reane 's Bar ID# 9501381 i N N N N O O O O �O O � y I On Sa e Liquor S00779 1-31-87 Sunda Lic{uor S00779 1-31-87 ��, �, On Sa e Liquor-C 16230 1-31-88 '; ;' i i w�, ,�, Sunda Liquor 16230 1-31-88 ww wW � r � � �' �' � � � On S e Li r(C) 16230 1-31-89 �o �o � � o� � S� y Liqt�+pr 16230 1-31-89 � � � � I On Sa e Li uor (C) q 16230 1-31-90 Sunda Liquor 16230 1-31-90 � N � a � v ON S E LIQUOR CARD ��1 zn c`o � t�-+ � G� x' Zo F' hC '.�U � rn � R� � v � � a C � d � A �. < � '� n C v� F+• C o � � � p � CUS K'S, INC. (New CorY.;. *.�'?-1(, Payne ,�ve. SS101.. �� w� � ,� " `° dba Reaney''s Bar' ID#95�1381 ro� � ',, � � � On le Liquor 13040 1-31-81 o � � • �n Sun ay Liquor 13041 1-31-81 y� o �' � a o � On ale Liquor 18426 1-31-82 H� t=J O� �� , � N c� o N �w M N � �' ' Sun ay Ct'quor 18427 1-31-82 �, 9� � � � A � � � � �y� N � On aie Liquor 1�04 1-31-8? �� + cn cn e� A A � Sun a Liauor 1704 1- 1 3 � w � �s yA �, � � �. �mo� , y 3 - 3 � "• � A � �W � ; �" �* �' On ale Liq�!or 6147 1-31-54 N� � � �; 3� � � Sun ay Liquor 6147 1-31-84 ." � � �� r On ale Liquor 11290 1-31-85 ** � z � � `� � �� Sun ay Liquor 11290 1-31-85 ** � = � � � � �y� �* NSFERRID to 870 Payne Avenue C. F. �$!�_531 4/25/84 On Sa1e Liquor R16230 1/31/86 � ' y W W S day Liquor R16230 1/31/86 � F-to N �. `i \w� � � w '''� �'� ; ON SALE LIQUOR CARD i�2' N � � �` Oo i FW-� t�-+1w-+ ' �n � �, i W p� � p�o p�o I �* * � N �NN ! . I Page 2 . • � . 10222 1••23-80 Great American Ins. Co. 1-29-86 United Fire �, Casualty Co Bond ll NONE �,xp.- Continuous Bond�i 55-100914, Exp. CONTT 2-10-81 Continental Ine. Co. 1-29-86 Liq Liab-Transcontinental gond � 310 71 83 Exp. 1-31-82 �CCP 0661603, Exp. 1-31-87 • 1-15-87 Liq Liab-Transcontinental 1"2�-$2 wPStern �uret;► Co. �CCP 1663005� EXp 1-31-88 ��jd .'r' L & P 660607 Exp. 1-31-$j 12/7/87 Liq. Liab.-Transcontinental 1-31- 83 Gle�S�t¢.hn Sune.ty Co #CCP1663005 Expires 1/31/89 Bond �58021373 E1(P 1-31- 84 1-27-88 Liq LialrTransoontinerital 10222 .#Ct�1663005 Exp. 1-31-89 '/31/84 N.iV. Nat'1 Inc. Co. :.�-26-89 Liq. Liab. Acceptance a.�nd �XLI 904767 Exp. 1/31/85 Indemnity Ins. #IL350399 Exp. Llq. Lia. City Ins. co. - 1-31-90 ��'�L 1 60 78 73 Exp. 1/31/85 �/25/84 Public heaxing on request BACK OF LIQUOR CARD ��1 to transfer all licenses from 816 Psyne Avenue to 870 Payne Avenue A�proved. 1/9/85 Liq. Lia. Columbia Casualty fICCP 168401�3 Exp. 1/31/86 1/30/85 Northwestern National Ins. Co. Eond flXLI 904767 Exp. 1/31/86 10-10-85 Liq Liab Columbia Cas #CCP1684043 EXP 1-31-86 BACK OF LIQUOR CARD ��2 4/19/89 � I hereby certify that this is a ue and exact copy of the records of the License & Permit Division of the City of}:�,Saint Paul for Cusick's Inc. DBA Reaney's Bar at 870 Payne Av nue. i� ;' ` _ ;. �� KRISTINA L VAN HOR�V � �ARY PUBUC—MINNES01? � J alen � � OiAKOTA COlNliy � � ense & Permit Division � MY4�onEupapJ�n•2, l��;i� 3 � ♦ �,�---�-- � -Y�� -�- CITY AT ORNEY � ADVERS�. . .�T�N a. LICE SE � ` �'�s�� e+FC�tses Date: 4/27/89 RE: Cusick' s , Inc. _ dba Reaney' s Bar, 870 Payne Aven e Ille;al Gamblin� The following is a list of similar case that may prove useful to you in reaching your decision on the case bef re you today. Name of J' S City Council Establishment Offense R commendation Penalt Im osed ;1r�:acle F3ar Illegal gambling Recommended 9 days- 11 day suspension & bEfore hours gambling, 9 days for 9 days gambling sa].e before hours sale 2 days before hou�= (7/1/88) sale (7/21/89) Aoaada' s Rar I"llegal gambling N/A 3 day suspension (10/3/88) Dahir' s Ear " " N/A 3 day suspension (3/8/88) Easy Stree* West " " N/A 1 day suspension ; (12/16/88) Gabe' s By the Park " ' N/A 1 day suspension .� Grand Central "' ' Recommended 3 day %�6 day suspension suspension 7/28/88 (8/25/88) Kuby' s �ar " ' Recommended 1 day Pending suspension (4/13/89) Mike' s Bar " " N/A ak�Letter of Reprimar. (1/5/89) Ricci' s Lounge " " N/A 3 day suspension (1/24/89) Wallace' s West " " N/A 3 day suspension Side Bar (9/20/88) Yannarelly' s Bar " " N/A 3 day suspension (1/5/89) *City Coim.cil departed upw�ard because the illegal gambling oceurred on five sepaxate da.ys over a period of two manths. Licensee appealed to Co�t of Appeals. City prevailed in Court of Appea.ls on 3/27/89. �'�*Subsequent violations shall cotm.t as a cond violatian for purposes of the prestanptive penalty. � � i . � l� � � � � � � W p� 7 � _ O ] M Z c�" : � ❑ :a a O " ,� Y YY � O f Y � � � f � = F _ ' .� � r., � '� ° ° � W W Y .� L, r � � �' o � M • a z u e � � . u � � � � i � J � � ,� ! - � o � � Z F 6 3 � .� . � .� u �` � a ° u �' � �' '� � o �j � a Sj�' _r` 2 < w u 6 U < W W �O • � '� � , � � T � v 1 �� ; o > W r < � J � � ` � 3 ` � �` � �'� � ° �i m � q ❑ aoa < J: Q � �j > � x (� \,,1 a y, u F J � O �s7 ¢ W Z p Y� � O� � � � � �. J � Cj � v r � M U � F W < � � • S � � � � � " J � • W t Y Y C y� F U ♦ � � � t' � > r U t [ C U < F YI � � � � CJ j . 7 0 T� � � � J � J u p f o � , � M � J � � � _ � v . ��, Q W y� x O r � W W \�, � � �7. �� J � d ` (\� �. � (�, f { „ � W I �+ � � \l, � � � „ �r 8'� ' Z � � � � � �� Q Wc ' ` <�M � � ; a � � � . � � \ ` � J ~ G ...) � / � � 2 v � � J � � , � W a' 0 O e � � � 7 � � a r� � � F W �i �. ,� \ � °< \ � m _ W o v � �• � � � _ p � o � o ^ : F— = u � � , � � � a •� _ 'a �� j,� O. �, u ` � � ' � o < ,. � � � ` � y� � r� < W F � � �'j z � o W u _l � W � Z h 0 ` � � �� V/ � � � � 3 � � _e , � . ` J • r � �i I'� q W W N = O `� � � V � _\ CJ) ` - S O �j O W y • W F C ( � `� � ,(-� �/ C`h( �J O , "! �' LL � O ; y I � . � dp � C 1` \ V _W O � - � p �' J n u � C 4' � I � � � , � '. U � < � { l� \ � � (� W �2�� {� W ` U � ,� � � � O � 4 < W � � X Z Y J � J � ' � G Z � Z � ; tll Z � � 1 � ` .� r � `I_. 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