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88-1224 WHITE - C�TV CLERK ^OUnCI� PINK - FINANCE G I TY OF SA I NT PALT L `" CANARV - DEPA�7TMENT BLUE - MAYOR File NO. /�� - c�ty attny/PSB • • � , � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the On Sale Intoxicating Liquor, Sunday On Sale, Entertainment and Restaurant licenses held by the Bram Corporation dba The Arcade Bar for the premises at 932 Arcade Street in Saint Paul are hereby suspended for a period of eleven (11) consecutive days . This suspension shall commence one week after the Sunday following publication of this Resolution, e.g�. if the Resolution is published on Saturday, July 30 , 1988 , the suspension shall begin on Sunday August 7 , 1988 and end Wednesday, August 17 , 1988 , with reopening permitted August 18 , 1988 . This Resolution is based on the record of proceedings before the Administrative Law Judge, including the hearing on June 1 , 1988 , the documents and exhibits introduced therein, the argu- ments and statements of counsel for the parties on July 19 , 1988 , - and the deli'�eration of the Council in open session. The Council adopts the findings of fact and conclusions of law of the Admin- istrative Law Jud�e contained in her report dated 1 July 1988 , a cony of which is attached hereto and made a part of this Resolution. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to counsel for the licenseholder. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� in Favor coswita/'�' Rettmad'"'"� s�ne;n�� _ Against BY Sonnen Wilson .�1L 2 � 1988 Form App oved by City Attorney Adopted by Council: Date � � Certified Pas e y ouncil Sec ary BY By Approved b vor. a� ��U� 2 2 � Approved by Mayor for Submission to Council By � BY PU�USNED �U L 3 01988 , t , . . � ��i�� . �s� �.;,......r�� .a. .��°— Q,,�,�; :.`Sp1L�DUh+ �tl.��.'`a.�� L..� .y ��.(]_ ��j Y�ny - :? .:..f.� JUL 5 1988 �*lg5gr� .:�.! „ ••rr°-�-�,,�'.?�§�; ;f r; ,. �'� �� : ,. �.'�°• . a«., ; STATE OF MINNESOTA �' ' OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 1 July 19ss �s,2)3a,-�soo Council of City of St. Paul City Hall St. Paul, Minnesota 55102 Re: In the Matter of the Liquor License of the Bram Corporation, d/b/a the Arcade Bar, OAH File Nos. CITY-88-020-SW, 56-2101-2401-6. Dear Council members: Enclosed please find a copy of my Findings of Fact, Conclusions and Recommendation, with attached Memorandum, in this matter. I have served the original upon Philip B. Byrne, Assistant City Attorney for the City of St. Paul, and a copy upon Victor B. Anderson, Attorney at Law, counsel for the Bram Corporation and Mr. Feist. The official record of the hearing, including all exhibits received into evidence, will be forwarded to the City of St. Paul by the Office of Administrative Hearings under separate cover. Sincerely, . G�. Susan R. Weisman Administrative Law Judge cc: Philip B. Byrne �-�" Victor B. Anderson AN EC2UAL OPPORTUNITY EMPLOYER . . . . �� STATE OF MINNEOSTA) )ss. COUNTY OF HENNEPIN AFFIDAVIT OF SERVICE BY U.S. MAIL Susan R. Weisman, being first duly sworn, hereby deposes and says that on the Ist day of July, 1988, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation, with attached Memorandum, In the Matter of the Liquor License of the Bram Corporation, dba the Arcade Bar, OAH File Nos. CITY-88- 020-SW, 56-210]-2401-6, by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the individuals named on the attached mailing list. , �� • Subscribed and sworn before me this 1� day of , ]988. (Notary) ;�..a•�., CAROL J, TRUDEAU � �� NOTARY VlJ9L�C—MINNESOTA 'J11F�,� WASHINGTON COUNTY ��,,.,...` My Comm�ss�oe Eaptres July 17,1992 , . . . �d�-%�� Mailing List City Council City of St. Paul City Hall St. Paul, Minnesota 55102 Philip B. Byrne Assistant City Attorney City of St. Paul 647 City Hall St. Paul, Minnesota 55102 Victor B. Anderson, Attorney at Law 420 Commerce Building St. Paul, Minnesota 55101 . . . � . � �_�a?�?� 56-210]-2401-6 CITY-88-020-SW STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In The Matter of the Liquor Licen.se of FINDINGS OF FACT, the Bram Corporation, dba the Arcade Bar CONCLUSIONS AND RECO1�fENDATION The above-entitled matter came on for hearing before Administrative Law Judge Susan R. Weisman on June 1 , 1988, at the Ramsey County Courthouse, Room 1445, 20 West Fourth Street, St. Paul, Minnesota 55102. Philip B. Byrne, Assistant City Attorney, City of St. Paul, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul. The Bram Corporation, dba as the Arcade Bar, appeared and was represented by Victor B. Anderson, Attorney at Law, 420 Commerce Building, St. Paul, Minnesota 55101 . The record closed on June 1 , 1988, at the conclusion of the hearing in this matter. This Report is a recommendation only, not a final decision. The Council of the City of St. Paul will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the City Council. Parties should contact the Council of the City of St. Paul, City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUES The issues in this case are as follows: whether unlawful gambling activities in violation of Minn. Stat. § 340A.410, subd. 5, and the St. Paul Legislative Code, § 409.08 (6) , took place on the licensed premises in April and/or May of 1987, whether, during that same period of time, gambling paraphernalia was kept or stored on the licensed premises in violation of Minn. Stat. § 340A.410, subd. S, and the St. Paul Legislative Code, § 409.08 (6) and, whether liquor was served and sold on the licensed premises before 8 a.m. on May 6, 1988, in violation of Minn. Stat.§340A.504, subd. 2, and the St. Paul Legislative Code, § 409.07 (a) . . . . . . �� FINDINGS OF FACT I . Michael Feist, 127] Edgerton, St. Paul, Minnesota 55106, is the principal shareholder of the Bram Corporation and owner of the Arcade Bar, located at 932 Arcade Street, St. Paul, Minnesota 55106. Mr. Feist was a co- owner of the Arcade Bar for approximately the first six of the last ten years, along with his brother-in-law. Approximately four years ago, he bought out his brother-in-law's shares and became the sole owner of the Arcade Bar. The Arcade Bar operates under a class C license. 2. James F. Garvey, 932 1/2 Arcade Street, St. Paul, Minnesota 55106, is employed by Michael Feist at the Arcade Bar as a bartender. Mr. Garvey is responsible for opening the bar in the morning and for running the bar until later in the day when Mr. Feist reports to work. 3. Business at the Arcade Bar was slow in 1986 and 1987 due, in part, to major road repairs being made on Arcade Street in front of the bar, and a general drop in sales. 3. Mr. Feist, concerned about the health of his business, tried to think of ways to stimulate sales at the Arcade Bar. The Arcade Bar began to sponsor a club called the Sportsman's Club and also initiated several other activities including holiday festivities, "lucky buck" drawings, softball team promotions, buses to and from professional sports games and the horse races, all of which were designed to stimulate business at the Arcade Bar. 4. The "lucky buck" drawing worked as follows: a person could purchase a $1 ticket at the Arcade Bar from a bar employee. Tickets were sold on a double roll, so that the customer would receive one ticket and the other ticket would be placed in a cage or other container. When a drawing was held, the winning customer's ticket number would match the number of the ticket pulled from the container. The winner would receive the dollar value of all the tickets in the container at the time of the drawing. S. The Sportsman's Club consists of male customers of the Arcade Bar, many of whom are retired or semi-retired. The club members like to go fishing but many of them cannot individually afford the cost of an out of town, overnight fishing trip involving boat rentals and other necessary expenses. The Arcade Bar offered to let the Sportsman's Club use the bar as its regular meeting place and also gave the club permission to hold raffles there to raise money for its fishing trips and other activities. 6. The legality of the Sportsman's Club raffles and other Arcade Bar activities, such as the "lucky buck" drawings, was investigated by the Arcade Bar. Although they learned that such activities were not legally permissible, the Arcade Bar owner and employees decided to proceed anyhow, because they thought that these activities were not very far out of line and that they constituted minor violations of the laws, as they understood them. 2 . � � � � ��%�� 7. Dice and cards were also maintained by management on the premises of the Arcade Bar and used by customers there during the first five months of 1987. Mr. Feist was unaware that dice and cards were not allowed to be maintained on the premises. He had seen both dice and cards in use at several other bars on the east side of St. Paul. 8. In addition to the above, video games, tip-boards, pull-tabs and cut-up decks of cards were also maintained and used for gambling activities on the premises of the Arcade Bar during the first five months of 1987. Chances on Minnesota Twins baseball games were also sold by Arcade Bar employees during this period of time. 9. The Arcade Bar did not apply for a gambling permit at any time during 1986 or 1987. 10. On or about April 25, 1987, at approximately 4:00 p.m. , Sgt. Gary Bohn, a City of St. Paul police officer assigned to the vice unit, entered the Arcade Bar with another police officer to investigate whether any gambling activities were taking place on the premises. This was an undercover assignment, so neither of the police officers were in uniform. Sgt. Born observed a cut-up deck of cards, pull-tabs, as well as card and dice games in progress. The floor of the bar was covered with many cut-up cards and pull-tabs. Money was present on the middle of the table where four people were playing cards. Sgt. Born observed people shake dice out of a tumbler but did not see any money change hands in connection with his observation of the dice game. Sgt. Bohn also observed his companion police officer, officer Smolik, ask a waitress to pay him for winning a video game and heard the waitress agree to do so. 11 . On or about April 25, 1987, between 4:00 and 5:00 p.m. , Sgt. Richard Simmons, another undercover police officer with the City of St. Paul vice unit, also investigated the Arcade Bar. Sgt. Simmons observed numerous pull-tabs and a tip board. He observed a female bartender sell chances on the Twins game for approximately $2.50 or more. He also observed a dice game, called "6-5-4," being played at the bar for money. 12. On May 7, 1987, at approximately 8:00 p.m. , Sgt. Simmons revisited the Arcade Bar as a continuation of his undercover investigation. On this date, cards and tip-board tickets were on the floor of the bar. While there, Sgt. Simmons purchased two $1 .00 chance tickets on a V.C.R. from an employee of the Arcade Bar. Accompanying Sgt. Simmons on the May 7, 1987, investigation was Sgt. Bill Thompson, an officer with the Ramsey County Sheriff's Department assigned to conduct special investigations such as gambling activities. Sgt. Simmons observed half-cards from a cut-up deck being sold for $1 .00 each for a hat drawing to be held later. At least three decks of cards were sold in his presence. Sgt. Simmons also observed a "6-5-4" dice and card game being played for money on the bar counter. The man with the winning card withdrew cash and the others playing with him put additional money into the "pool." Sgt. Simmons also observed tip boards and saw tip board tickets being sold to customers by one of the Arcade Bar bartenders. A "lucky buck" bowl was also observed on a counter behind the bar, although no one was seen purchasing tickets for that game at that time. 3 ��,�� 13. On or about May ]3, 1987, a search warrant was executed to search the Arcade Bar. A raid was later conducted on the bar by the St. Paul Police Department's vice unit. Over $1900, associated with six different raffles, as well as various gambling paraphernalia, as described above, were seized in the raid. 14. On March 10, 1988, Michael M. Feist and James F. Garvey each entered pleas of guilty to a misdemeanor charge under Minn. Stat. §609.755 (2) arising out of gambling activities on the Arcade Bar premises. 15. On Friday, May 6, 1988, at approximately 7:45 a.m. , two St. Paul undercover police officers entered the Arcade Bar and placed orders for alcoholic beverages. Both officers were served the alcoholic beverages they had requested by James Garvey at approximately 7:50 a.m. . The officers observed more than one other customer drinking an alcoholic beverage before 8 a.m. after having been served by Mr. Garvey. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1 . The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 340A.415 and 14.50 and the St. Paul Legislative Code, § 310.05 and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. At the start of the hearing on this matter, the parties stipulated to the consideration at the hearing of an additional issue, that issue being whether liquor was served at the Arcade Bar prior to 8 a.m. on May 6, 1988. S. Minn. Stat. § 340A.415, regarding liquor sales licensure, provides, in part, as follows: "License Revocation or Suspension. The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2,000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. . ." 4 , . . . . . //�'�-�-�„lo?� l/� 6. Minn. Stat. § 340A.410, subd. 5, �reads, in part, as follows: "Gambling prohibited. (a) No retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice or any gambling device as defined in section 349.30, or permit gambling therein except as provided in this subdivision. (b) Gambling equipment may be kept or operated and raffles conducted on licensed premises and adjoining rooms wnen the use of the gambling equipment is authorized under chapter 349." 7. Sec. 409.08 (6) of the St. Paul Legislative Code provides, in part, as follows: "No licensee shall keep, possess or operate, or permit the keeping, possession or operation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein (whether or not licensed by the state), . . .except that pull-tabs and tip-boards may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statutes, Chapter 349, and conducted pursuant to regulations contained in this Legislative Code. . ." 8. Minn. Stat. § 340A.504, subd. 2, provides, in part, as follows: "Intoxicating Liquors On Sale. No sale of intoxicating liquor for consumption of the licensed premises may be made: ( 1) between l a.m. and 8 a.m. on the days of Tuesday through Saturday. . ." 9. Sec. 409.07 (a) of the St. Paul Legislative Code provides, in part, as follows: ". . .No on-sale shall be made between the hours of 1 a.m. and 8:00 a.m. on any weekday. . ." 10. In April and May of 1987, the Arcade Bar engaged in gambling activities and kept, possessed or operated, or permitted the keeping, possession, or operation of dice and other gambling paraphernalia and equipment, in violation of Minn. Stat. § 340A.410, subd. S and the St. Paul Legislative Code § 409.08 (6) . I1 . On Friday, May 6, 1988, the Arcade Bar sold intoxicating beverages for consumption on the premises before the hour of 8 a.m. , in violation of Minn. Stat. § 340A.504, subd. 2, and the St. Paul Legislative Code § 409.07 (a) . 5 . ' , . . . . ��'�� 12. The above Conclusions are arrived at for the reasons set forth in the memorandum which follows and which is incorporated into these Conclusions. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOIrIlKENDED that the Council of the City of St. Paul suspend the license of the Bram Corporation, dba the Arcade Bar, for a total of eighteen consecutive days, consisting of nine days for illegal gambling activities on the premises and nine days for the sale of alcoholic beverages before 8 a.m. , or that the Council impose any other conditions or take any other adverse action which it deems appropriate and which is in accordance with law. Dated: July � , 1988. `' �/v'�s.�v�. --� SUSAN R. WEISMAN Administrative Law Judge NOTICE Pursuant to Minn. Stat. §14.62, subd. 1 , the City Council is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Taped. Tape nos. 6582, 6583, 6590, 6591 . MEMORANDUM In this case, the City of St. Paul had the burden to prove the allegations at issue by the preponderance of the evidence. The Bram Corporation, dba the Arcade Bar, was represented at the hearing by Victor B. Anderson, Attorney at Law. Both parties presented closing argument at the conclusion of the hearing. No post-hearing briefs were submitted. The preponderance of the evidence presented clearly demonstrates that the Arcade Bar knowingly and flagrantly violated the state statutory and city code prohibitions against gambling activities on the premises and against serving liquor prior to 8 a.m. . The essential facts were not in dispute. Mr. Feist testified that he was unaware that dice and cards were prohibited but acknowledged that he was aware that the other forms of 6 ., . . - �� gambling paraphernalia and activities which he authorized were not permissible without a gambling permit. Similarly, Mr. Garvey admitted having served liquor prior to 8 a.m. on the date in question. In their closings, counsel for each of the parties focused their remarks on the nature of the adverse action which they thought would be appropriate in this case. The City Attorney has recommended revocation because of the open and flagrant nature of the gambling violation, the wide range of gambling activities involved and the length of time over which the gambling activities occurred. Counsel for the Arcade Bar, on the other hand, argued that the gambling activities which took place at the Arcade Bar were modest and that it would be unfair to revoke the license on a first offense, with no prior warning by police or other authorities. He further argued that gambling activities such as occurred at the Arcade Bar were commonplace at bars all over the east side of St. Paul and in other parts of the city as well and that, historically, this had been so. The open and flagrant nature of the gambling violations cannot be ignored or taken lightly, regardless of whether the motivation for those activities was well-intentioned or reasonable. Other business measures could have been taken by Mr. Feist which could have stimulated the bar`s business without violating the law. The evidence presented indicated that no gambling activities have been engaged in since the date of the raid in May of 1987. Still, it is troubling that the bar has continued to deviate from the law by serving liquor during statutorily defined off-hours. It is for these reasons that an 18 day suspension has been recommended, with a strong warning that any further violations could result in revocation. S.R.W. 7 ��-�aa � ��J'o�t/ � � ' ��°�� /�/� ��LEI��.� MO��..•.•� �k �� r � �--��1 � - =- = JU� � 1988 � �t N � � ��.��:� �.� ., ��, -:., ,�,�-� ��+��r � ��y� ��' , ' � �� ATE O F M I N N ESOTA " � �' � � � � o ST c'� OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FIOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 RECEIVED 1 July I 9ss cs,z�3a,asoo JUL �71988 Council of City of St. Paul City Hall CITY CLERK St. Paul, Minnesota 55102 Re: In the Matter of the Liquor License of the Bram Corporation, d/b/a the Arcade Bar, OAH File Nos. CITY-88-020-SW, 56-2101-2401-6. Dear Council members: Enclosed please find a copy of my Findings of Fact, Conclusions and Recommendation, with attached Memorandum, in this matter. I have served the original upon Philip B. Byrne, Assistant City Attorney for the City of St. Paul, and a copy upon Victor B. Anderson, Attorney at Law, counsel for the Bram Corporation and Mr. Feist. The official record of the hearing, � including all exhibits received into evidence, will be forwarded to the City of St. Paul by the Office of Administrative Hearings under separate cover. Sincerely, � • . Susan R. Weisman Administrative Law Judge , cc: Philip B. Byrne v` Victor B. Anderson AN EQUAL OPPORTUNITY EMPLOYER , �`�' i� �� STATE OF MINNEOSTA) )ss. COUNTY OF HENNEPIN AFFIDAVIT OF SERVICE BY U.S. MAIL Susan R. Weisman, being first duly sworn, hereby deposes and says that on the lst day of July, 1988, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation, with attached Memorandum, In the Matter of the Liquor License of the Bram Corporation, dba the Arcade Bar, OAH File Nos. CITY-88- 020-SW, 56-2101-2401-6, by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the individuals named on the attached mailing list. 0 � , Subscribed and sworn before me this 1� day of , 1988. (Notary) :;..a��., CAROL J, TRUDEAU ,�, �� y� NOTARY OUBI�C—MINNESOTA �•91��`� WASHINGTON COUNTY �� ` My Comm�On Ea�piros July 17,t9�! Mailing List City Council City of St. Paul City Hall St. Paul, Minnesota 55102 Philip B. Byrne Assistant City Attorney City of St. Paul 647 City Hall St. Paul, Minnesota 55102 Victor B. Anderson, Attorney at Law 420 Commerce Building St. Paul, Minnesota 55101 �'�� aay� 56-2101-2401-6 CITY-88-020-SW -— STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In The Matter of the Liquor License of FINDINGS OF FACT, the Bram Corporation, dba the Arcade Bar CONCLUSIONS AND RECONIlrIENDATION The above-entitled matter came on for hearing before Administrative Law Judge Susan R. Weisman on June 1 , 1988, at the Ramsey County Courthouse, Room 1445, 20 West Fourth Street, St. Paul, Minnesota 55102. Philip B. Byrne, Assistant City Attorney, City of St. Paul, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul. The Bram Corporation, dba as the Arcade Bar, appeared and was represented by Victor B. Anderson, Attorney at Law, 420 Commerce Building, St. Paul, Minnesota 55101 . The record closed on June 1 , 1988, at the conclusion of the hearing in this matter. This Report is a recommendation only, not a final decision. The Council of the City of St. Paul will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the City Council. Parties should contact the Council of the City of St. Paul, City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUES The issues in this case are as follows: whether unlawful gambling activities in violation of Minn. Stat. § 340A.410, subd. 5, and the St. Paul Legislative Code, § 409.08 (6), took place on the licensed premises in April and/or May of 1987, whether, during that same period of time, gambling paraphernalia was kept or stored on the licensed premises in violation of Minn. Stat. § 340A.410, subd. 5, and the St. Paul Legislative Code, § 409.08 (6) and, whether liquor was served and sold on the licensed premises before 8 a.m. on May 6, 1988, in violation of Minn. Stat.§340A.504, subd. 2, and the St. Paul Legislative Code, § 409.07 (a) . FINDINGS OF FACT 1 . Michael Feist, 1271 Edgerton, St. Paul, Minnesota 55106, is the principal shareholder of the Bram Corporation and owner of the Arcade Bar, located at 932 Arcade Street, St. Paul, Minnesota 55106. Mr. Feist was a co- owner of the Arcade Bar for approximately the first six of the last ten years, along with his brother-in-law. Approximately four years ago, he bought out his brother-in-law's shares and became the sole owner of the Arcade Bar. The Arcade Bar operates under a class C license. 2. James F. Garvey, 932 1/2 Arcade Street, St. Paul, Minnesota 55106, is employed by Michael Feist at the Arcade Bar as a bartender. Mr. Garvey is responsible for opening the bar in the morning and for running the bar until later in the day when Mr. Feist reports to work. 3. Business at the Arcade Bar was slow in 1986 and 1987 due, in part, to major road repairs being made on Arcade Street in front of the bar, and a general drop in sales. 3. Mr. Feist, concerned about the health of his business, tried to think of ways to stimulate sales at the Arcade Bar. The Arcade Bar began to sponsor a club called the Sportsman's Club and also initiated several other activities including holiday festivities, "lucky buck" drawings, softball team promotions, buses to and from professional sports games and the horse races, all of which were designed to stimulate business at the Arcade Bar. 4. The "lucky buck" drawing worked as follows: a person could purchase a $1 ticket at the Arcade Bar from a bar employee. Tickets were sold on a double roll, so that the customer would receive one ticket and the other ticket would be placed in a cage or other container. When a drawing was held, the winning customer's ticket number would match the number of the ticket pulled from the container. The winner would receive the dollar value of all the tickets in the container at the time of the drawing. S. The Sportsman's Club consists of male customers of the Arcade Bar, many of whom are retired or semi-retired. The club members like to go fishing but many of them cannot individually afford the cost of an out of town, overnight fishing trip involving boat rentals and other necessary expenses. The Arcade Bar offered to let the Sportsman's Club use the bar as its regular meeting place and also gave the club permission to hold raffles there to raise money for its fishing trips and other activities. 6. The legality of the Sportsman's Club raffles and other Arcade Bar activities, such as the "lucky buck" drawings, was investigated by the Arcade Bar. Although they learned that such activities were not legally permissible, the Arcade Bar owner and employees decided to proceed anyhow, because they thought that these activities were not very far out of line and that they constituted minor violations of the laws, as they understood them. 2 7. Dice and cards were also maintained by management on the premises of the Arcade Bar and used by customers there during the first five months of 1987. Mr. Feist was unaware that dice and cards were not allowed to be maintained on the premises. He had seen both dice and cards in use at several other bars on the east side of St. Paul. 8. In addition to the above, video games, tip-boards, pull-tabs and cut-up decks of cards were also maintained and used for gambling activities on the premises of the Arcade Bar during the first five months of 1987. Chances on Minnesota Twins baseball games were also sold by Arcade Bar employees during this period of time. 9. The Arcade Bar did not apply for a gambling permit at any time during 1986 or 1987. 10. On or about April 25, 1987, at approximately 4:00 p.m. , Sgt. Gary Bohn, a City of St. Paul police officer assigned to the vice unit, entered the Arcade Bar with another police officer to investigate whether any gambling activities were taking place on the premises. This was an undercover assignment, so neither of the police officers were in uniform. Sgt. Born observed a cut-up deck of cards, pull-tabs, as well as card and dice games in progress. The floor of the bar was covered with many cut-up cards and pull-tabs. Money was present on the middle of the table where four people were playing cards. Sgt. Born observed people shake dice out of a tumbler but did not see any money change hands in connection with his observation of the dice game. Sgt. Bohn also observed his companion police officer, officer Smolik, ask a waitress to pay him for winning a video game and heard the waitress agree to do so. 11 . On or about April 25, 1987, between 4:00 and 5:00 p.m. , Sgt. Richard Simmons, another undercover police officer with the City of St. Paul vice unit, also investigated the Arcade Bar. Sgt. Simmons observed numerous pull-tabs and a tip board. He observed a female bartender sell chances on the Twins game for approximately $2.50 or more. He also observed a dice game, called "6-5-4," being played at the bar for money. 12. On May 7, 1987, at approximately 8:00 p.m. , Sgt. Simmons revisited the Arcade Bar as a continuation of his undercover investigation. On this date, cards and tip-board tickets were on the floor of the bar. While there, Sgt. Simmons purchased two $1 .00 chance tickets on a V.C.R. from an employee of the Arcade Bar. Accompanying Sgt. Simmons on the May 7, 1987, investigation was Sgt. Bill Thompson, an officer with the Ramsey County Sheriff's Department assigned to conduct special investigations such as gambling activities. Sgt. Simmons observed half-cards from a cut-up deck being sold for $1 .00 each for a hat drawing to be held later. At least three decks of cards were sold in his presence. Sgt. Simmons also observed a "6-5-4" dice and card game being played for money on the bar counter. The man with the winning card withdrew cash and the others playing with him put additional money into the "pool." Sgt. Simmons also observed tip boards and saw tip board tickets being sold to customers by one of the Arcade Bar bartenders. A "lucky buck" bowl was also observed on a counter behind the bar, although no one was seen purchasing tickets for that game at that time. 3 . �� 13. On or about May 13, 1987, a search warrant was executed to search the Arcade Bar. A raid was later conducted on the bar by the St. Paul Police Department's vice unit. Over $1900, associated with six different raffles, as well as various gambling paraphernalia, as described above, were seized in the raid. 14. On March 10, 1988, Michael M. Feist and James F. Garvey each entered pleas of guilty to a misdemeanor charge under Minn. Stat. §609.755 (2) arising out of gambling activities on the Arcade Bar premises. 15. On Friday, May 6, 1988, at approximately 7:45 a.m. , two St. Paul undercover police officers entered the Arcade Bar and placed orders for alcoholic beverages. Both officers were served the alcoholic beverages they had requested by James Garvey at approximately 7:50 a.m. . The officers observed more than one other customer drinking an alcoholic beverage before 8 a.m. after having been served by Mr. Garvey. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1 . The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 340A.415 and 14.50 and the St. Paul Legislative Code, § 310.05 and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. At the start of the hearing on this matter, the parties stipulated to the consideration at the hearing of an additional issue, that issue being whether liquor was served at the Arcade Bar prior to 8 a.m. on May 6, 1988. 5. Minn. Stat. § 340A.415, regarding liquor sales licensure, provides, in part, as follows: "License Revocation or Suspension. The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2,000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. . ." 4 6. Minn. Stat. § 340A.410, subd. 5, �reads, in part, as follows: "Gambling prohibited. (a) No retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice or any gambling device as defined in section 349.30, or permit gambling therein except as provided in this subdivision. (b) Gambling equipment may be kept or operated and raffles conducted on licensed premises and adjoining rooms when the use of the gambling equipment is authorized under chapter 349." 7. Sec. 409.08 (6) of the St. Paul Legislative Code provides, in part, as follows: "No licensee shall keep, possess or operate, or permit the keeping, possession or operation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein (whether or not licensed by the state) , . . .except that pull-tabs and tip-boards may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statutes, Chapter 349, and conducted pursuant to regulations contained in this Legislative Code. . ." 8. Minn. Stat. § 340A.504, subd. 2, provides, in part, as follows: "Intoxicating Liquors On Sale. No sale of intoxicating liquor for consumption of the licensed premises may be made: ( 1) between i a.m. and 8 a.m. on the days of Tuesday through Saturday. . ." 9. Sec. 409.07 (a) of the St. Paul Legislative Code provides, in part, as follows: ". . .No on-sale shall be made between the hours of 1 a.m. and 8:00 a.m. on any weekday. . ." 10. In April and May of 1987, the Arcade Bar engaged in gambling activities and kept, possessed or operated, or permitted the keeping, possession, or operation of dice and other gambling paraphernalia and equipment, in violation of Minn. Stat. § 340A.410, subd. 5 and the St. Paul Legislative Code § 409.08 (6) . 11 . On Friday, May 6, 1988, the Arcade Bar sold intoxicating beverages for consumption on the premises before the hour of 8 a.m. , in violation of Minn. Stat. § 340A.504, subd. 2, and the St. Paul Legislative Code § 409.07 (a). 5 12. The above Conclusions are arrived at for the reasons set forth in the memorandum which follows and which is incorporated into these Conclusions. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECO�NDATION IT IS RESPECTFULLY RECOIrIl�lENDED that the Council of the City of St. Paul suspend the license of the Bram Corporation, dba the Arcade Bar, for a total of eighteen consecutive days, consisting of nine days for illegal gambling activities on the premises and nine days for the sale of alcoholic beverages before 8 a.m. , or that the Council impose any other conditions or take any other adverse action which it deems appropriate and which is in accordance with law. Dated: July � , 1988. �' � . SUSAN R. WEISMAN Administrative Law Judge NOTICE Pursuant to Minn. Stat. §14.62, subd. 1 , the City Council is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. . Reported: Taped. Tape nos. 6582, 6583, 6590, 6591 . MEMORANDUM In this case, the City of St. Paul had the burden to prove the allegations at issue by the preponderance of the evidence. The Bram Corporation, dba the Arcade Bar, was represented at the hearing by Victor B. Anderson, Attorney at Law. Both parties presented closing argument at the conclusion of the hearing. No post-hearing briefs were submitted. The preponderance of the evidence presented clearly demonstrates that the Arcade Bar knowingly and flagrantly violated the state statutory and city code prohibitions against gambling activities on the premises and against serving liquor prior to 8 a.m. . The essential facts were not in dispute. Mr. Feist testified that he was unaware that dice and cards were prohibited but acknowledged that he was aware that the other forms of 6 ��-- /�o? � , � , , gambling paraphernalia and activities which he authorized were not permissible without a gambling permit. Similarly, Mr. Garvey admitted having served liquor prior to 8 a.m. on the date in question. In their closings, counsel for each of the parties focused their remarks on the nature of the adverse action which they thought would be appropriate in this case. The City Attorney has recommended revocation because of the open and flagrant nature of the gambling violation, the wide range of gambling activities involved and the length of time over which the gambling activities occurred. Counsel for the Arcade Bar, on the other hand, argued that the gambling activities which took place at the Arcade Bar were modest and that it would be unfair to revoke the license on a first offense, with no prior warning by police or other authorities. He further argued that gambling activities such as occurred at the Arcade Bar were commonplace at bars all over the east side of St. Paul and in other parts of the city as well and that, historically, this had been so. The open and flagrant nature of the gambling violations cannot be ignored or taken lightly, regardless of whether the motivation for those activities was well-intentioned or reasonable. Other business measures could have been taken by Mr. Feist which could have stimulated the bar's business without violating the law. The evidence presented indicated that no gambling activities have been engaged in since the date of the raid in May of 1987. Still, it is troubling that the bar has continued to deviate from the law by serving liquor during statutorily defined off-hours. It is for these reasons that an 18 day suspension has been recommended, with a strong warning that any further violations could result in revocation. S.R.W. 7 ��' - �,,� �, �,! ��O\�¢DU Np1�'. �• •�� _ ( �*1�r�� : STAT E O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS R �CF/�/�►D FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH J MINNEAPOLIS,MINNESOTA 55415 �� p8 (612)341-7600 �,,?�� 8 l Rk July 12, 1988 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of the Liquor License of the Bram Corporation, d/b/a the Arcade Bar; OAH Docket Nos. CITY-88-020-SW and 56-2101-2401-6. Dear Mr. Olson: In accordance with Administrative Law Judge Susan R. Weisman's letter dated July 1, 1988, I am closing our file in the above-referenced matter and returning the official record to you. Sincerely, (J.(i��},�,z-t-cL./�'d Vir inia R. Halli� g g OAH Secretary AN EGIUAL OPPORTUNITY EMPLOYER � :`�°uenv�'� A� ., �1 �ji' .*.- STATE OF M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOUHTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 1 July t 9ss cs,2�3a,asoo Council of City of St. Paul City Hall St. Paul, Minnesota 55102 Re: In the Matter of the Liquor License of the Bram Corporation, d/b/a the Arcade Bar, OAH File Nos. CITY-88-020-SW, 56-2101-2401-6. Dear Council members: Enclosed please find a copy of my Findings of Fact, Conclusions and Recommendation, with attached Memorandum, in this matter. I have served the original upon Philip B. Byrne, Assistant City Attorney for the City of St. Paul, and a copy upon Victor B. Anderson, Attorney at Law, counsel for the Bram Corporation and Mr. Feist. The official record of the hearing, including all exhibits received into evidence, will be forwarded to the City of St. Paul by the Office of Administrative Hearings under separate cover. Sincerely, � !� • Susan R. Weisman Administrative Law Judge cc: Philip B. Byrne Victor B. Anderson AN EQUAL OPPORTUNITY EMPLOYER STATE OF MINNEOSTA) )ss. COUNTY OF HENNEPIN AFFIDAVIT OF SERVICE BY U.S. MAIL Susan R. Weisman, being first duly sworn, hereby deposes and says that on the lst day of July, 1988, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation, with attached Memorandum, In the Matter of the Liquor License of the Bram Corporation, dba the Arcade Bar, OAH File Nos. CITY-88- 020-SW, 56-2101-2401-6, by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the individuals named on the attached mailing list. � , Subscribed and sworn before me this 1 }� day of , 1988. (Notary) CAROI J, TRUDEAU �::!`�� NOTA111t 7UOl�G—MINNESOTA �.� WASHIN�iTON COUNTY �'�......' roty comm�N�on Eapfhs J��t7,t�i2 . �'�- �`°� `� y Mailing List City Council City of St. Paul City Hall St. Paul, Minnesota 55102 Philip B. Byrne Assistant City Attorney City of St. Paul 647 City Hall St. Paul, Minnesota 55102 Victor B. Anderson, Attorney at Law 420 Commerce Building St. Paul, Minnesota 55101 56-2101-2401-6 CITY-88-020-SW STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In The Matter of the Liquor License of FINDINGS OF FACT, the Bram Corporation, dba the Arcade Bar CONCLUSIONS AND RECOI�IENDATION The above-entitled matter came on for hearing before Administrative Law Judge Susan R. Weisman on June 1 , 1988, at the Ramsey County Courthouse, Room 1445, 20 West Fourth Street, St. Paul, Minnesota 55102. Philip B. Byrne, Assistant City Attorney, City of St. Paul, 647 City Hall, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul. The Bram Corporation, dba as the Arcade Bar, appeared and was represented by Victor B. Anderson, Attorney at Law, 420 Commerce Building, St. Paul, Minnesota 55101 . The record closed on June 1, 1988, at the conclusion of the hearing in this matter. This Report is a recommendation only, not a final decision. The Council of the City of St. Paul will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. . Pursuant to Minn. Stat. § 14.61 , the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the City Council. Parties should contact the Council of the City of St. Paul, City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUES The issues in this case are as follows: whether unlawful gambling activities in violation of Minn. Stat. § 340A.410, subd. 5, and the St. Paul Legislative Code, § 409.08 (6), took place on the licensed premises in April and/or May of 1987, whether, during that same period of time, gambling paraphernalia was kept or stored on the licensed premises in violation of Minn. Stat. § 340A.410, subd. S, and the St. Paul Legislative Code, § 409.08 (6) and, whether liquor was served and sold on the licensed premises before 8 a.m. on May 6, 1988, in violation of Minn. Stat.§340A.504, subd. 2, and the St. Paul Legislative Code, § 409.07 (a). FINDINGS OF FACT I . Michael Feist, 1271 Edgerton, St. Paul, Minnesota 55106, is the principal shareholder of the Bram Corporation and owner of the Arcade Bar, located at 932 Arcade Street, St. Paul, Minnesota 55106. Mr. Feist was a co- owner of the Arcade Bar for approximately the first six of the last ten years, along with his brother-in-law. Approximately four years ago, he bought out his brother-in-law's shares and became the sole owner of the Arcade Bar. The Arcade Bar operates under a class C license. 2. James F. Garvey, 932 1/2 Arcade Street, St. Paul, Minnesota 55106, is employed by Michael Feist at the Arcade Bar as a bartender. Mr. Garvey is responsible for opening the bar in the morning and for running the bar until later in the day when Mr. Feist reports to work. 3. Business at the Arcade Bar was slow in 1986 and 1987 due, in part, to major road repairs being made on Arcade Street in front of the bar, and a general drop in sales. 3. Mr. Feist, concerned about the health of his business, tried to think of ways to stimulate sales at the Arcade Bar. The Arcade Bar began to sponsor a club called the Sportsman's Club and also initiated several other activities including holiday festivities, "lucky buck" drawings, softball team promotions, buses to and from professional sports games and the horse races, all of which were designed to stimulate business at the Arcade Bar. 4. The "lucky buck" drawing worked as follows: a person could purchase a $1 ticket at the Arcade Bar from a bar employee. Tickets were sold on a double roll, so that the customer would receive one ticket and the other ticket would be placed in a cage or other container. When a drawing was held, the winning customer's ticket number would match the number of the ticket pulled from the container. The winner would receive the dollar value of all the tickets in the container at the time of the drawing. S. The Sportsman's Club consists of male customers of the Arcade Bar, many of whom are retired or semi-retired. The club members like to go fishing but many of them cannot individually afford the cost of an out of town, overnight fishing trip involving boat rentals and other necessary expenses. The Arcade Bar offered to let the Sportsman's Club use the bar as its regular meeting place and also gave the club permission to hold raffles there to raise money for its fishing trips and other activities. 6. The legality of the Sportsman's Club raffles and other Arcade Bar activities, such as the "lucky buck" drawings, was investigated by the Arcade Bar. Although they learned that such activities were not legally permissible, the Arcade Bar owner and employees decided to proceed anyhow, because they thought that these activities were not very far out of line and that they constituted minor violations of the laws, as they understood them. 2 , , ��' � r � .� � 7. Dice and cards were also maintained by management on the premises of the Arcade Bar and used by customers there during the first five months of 1987. Mr. Feist was unaware that dice and cards were not allowed to be maintained on the premises. He had seen both dice and cards in use at several other bars on the east side of St. Paul. 8. In addition to the above, video games, tip-boards, pull-tabs and cut-up decks of cards were also maintained and used for gambling activities on the premises of the Arcade Bar during the first five months of 1987. Chances on Minnesota Twins baseball games were also sold by Arcade Bar employees during this period of time. 9. The Arcade Bar did not apply for a gambling permit at any time during 1986 or 1987. 10. On or about April 25, 1987, at approximately 4:00 p.m. , Sgt. Gary Bohn, a City of St. Paul police officer assigned to the vice unit, entered the Arcade Bar with another police officer to investigate whether any gambling activities were taking place on the premises. This was an undercover assignment, so neither of the police officers were in uniform. Sgt. Born observed a cut-up deck of cards, pull-tabs, as well as card and dice games in progress. The floor of the bar was covered with many cut-up cards and pull-tabs. Money was present on the middle of the table where four people were playing cards. Sgt. Born observed people shake dice out of a tumbler but did not see any money change hands in connection with his observation of the dice game. Sgt. Bohn also observed his companion police officer, officer Smolik, ask a waitress to pay him for winning a video game and heard the waitress agree to do so. 11 . On or about April 25, 1987, between 4:00 and 5:00 p.m., Sgt. Richard Simmons, another undercover police officer with the City of St. Paul vice unit, also investigated the Arcade Bar. Sgt. Simmons observed numerous pull-tabs and a tip board. He observed a female bartender sell chances on the Twins game for approximately $2.50 or more. He also observed a dice game, called "6-5-4," being played at the bar for money. 12. On May 7, 1987, at approximately 8:00 p.m. , Sgt. Simmons revisited the Arcade Bar as a continuation of his undercover investigation. On this date, cards and tip-board tickets were on the floor of the bar. While there, Sgt. Simmons purchased two $1 .00 chance tickets on a V.C.R. from an employee of the Arcade Bar. Accompanying Sgt. Simmons on the May 7, 1987, investigation was Sgt. Bill Thompson, an officer with the Ramsey County Sheriff's Department assigned to conduct special investigations such as gambling activities. Sgt. Simmons observed half-cards from a cut-up deck being sold for $1 .00 each for a hat drawing to be held later. At least three decks of cards were sold in his presence. Sgt. Simmons also observed a "6-5-4" dice and card game being played for money on the bar counter. The man with the winning card withdrew cash and the others playing with him put additional money into the "pool." Sgt. Simmons also observed tip boards and saw tip board tickets being sold to customers by one of the Arcade Bar bartenders. A "lucky buck" bowl was also observed on a counter behind the bar, although no one was seen purchasing tickets for that game at that time. 3 13. On or about May 13, 1987, a search warrant was executed to search the Arcade Bar. A raid was later conducted on the bar by the St. Paul Police Department's vice unit. Over $1900, associated with six different raffles, as well as various gambling paraphernalia, as described above, were seized in the raid. 14. On March 10, 1988, Michael M. Feist and James F. Garvey each entered pleas of guilty to a misdemeanor charge under Minn. Stat. §609.755 (2) arising out of gambling activities on the Arcade Bar premises. 15. On Friday, May 6, 1988, at approximately 7:45 a.m. , two St. Paul undercover police officers entered the Arcade Bar and placed orders for alcoholic beverages. Both officers were served the alcoholic beverages they had requested by James Garvey at approximately 7:50 a.m. . The officers observed more than one other customer drinking an alcahaiic beverage before 8 a.m. after having been served by Mr. Garvey. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1 . The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 340A.415 and 14.50 and the St. Paul Legislative Code, § 310.05 and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. At the start of the hearing on this matter, the parties stipulated to the consideration at the hearing of an additional issue, that issue being whether liquor was served at the Arcade Bar prior to 8 a.m. on May 6, 1988. 5. Minn. Stat. § 340A.415, regarding liquor sales licensure, provides, in part, as follows: "License Revocation or Suspension. The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2,000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. . ." 4 . . �� -,�.�,�y� 6. Minn. Stat. § 340A.410, subd. 5, �reads, in part, as follows: "Gambling prohibited. (a) No retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice or any gambling device as defined in section 349.30, or permit gambling therein except as provided in this subdivision. (b) Gambling equipment may be kept or operated and raffles conducted on licensed premises and adjoining rooms when the use of the gambling equipment is authorized under chapter 349." 7. Sec. 409.08 (6) of the St. Paul Legislative Code provides, in part, as follows: "No licensee shall keep, possess or operate, or permit the keeping, possession or operation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein (whether or not licensed by the state), . . .except that pull-tabs and tip-boards may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statutes, Chapter 349, and conducted pursuant to regulations contained in this Legislative Code. . ." 8. Minn. Stat. § 340A.504, subd. 2, provides, in part, as follows: "Intoxicating Liquors On Sale. No sale of intoxicating liquor for consumption of the licensed premises may be made: ( 1) between 1 a.m. and 8 a.m. on the days of Tuesday through Saturday. . ." 9. Sec. 409.07 (a) of the St. Paul Legislative Code provides, in part, as follows: ". . .No on-sale shall be made between the hours of 1 a.m. and 8:00 a.m. on any weekday. . ." 10. In April and May of 1987, the Arcade Bar engaged in gambling activities and kept, possessed or operated, or permitted the keeping, possession, or operation of dice and other gambling paraphernalia and equipment, in violation of Minn. Stat. § 340A.410, subd. 5 and the St. Paul Legislative Code § 409.08 (6). 11. On Friday, May 6, 1988, the Arcade Bar sold intoxicating beverages for consumption on the premises before the hour of 8 a.m. , in violation of Minn. Stat. § 340A.504, subd. 2, and the St. Paul Legislative Code S 409.07 (a). 5 . . . . ��'- ,/�.;� y� 12. The above Conclusions are arrived at for the reasons set forth in the memorandum which follows and which is incorporated into these Conclusions. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: REC01�4ENDATION IT IS RESPECTFULLY RECOI�Il�ENDED that the Council of the City of St. Paul suspend the license of the Bram Corporation, dba the Arcade Bar, for a total of eighteen consecutive days, consisting of nine days for illegal gambling activities on the premises and nine days for the sale of alcoholic beverages before 8 a.m. , or that the Council impose any other conditions or take any other adverse action which it deems appropriate and which is in accordance with law. Dated: July � , 1988. � (� , . � SUSAN R. WEISMAN Administrative Law Judge NOTICE Pursuant to Minn. Stat. §14.62, subd. 1, the City Council is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Taped. Tape nos. 6582, 6583, 6590, 6591 . MEMORANDUM In this case, the City of St. Paul had the burden to prove the allegations at issue by the preponderance of the evidence. The Bram Corporation, dba the Arcade Bar, was represented at the hearing by Victor B. Anderson, Attorney at Law. Both parties presented closing argument at the conclusion of the hearing. No post-hearing briefs were submitted. The preponderance of the evidence presented clearly demonstrates that the Arcade Bar knowingly and flagrantly violated the state statutory and city code prohibitions against gambling activities on the premises and against serving liquor prior to 8 a.m. . The essential facts were not in dispute. Mr. Feist testified that he was unaware that dice and cards were prohibited but acknowledged that he was aware that the other forms of 6 . . . . ��-��a� gambling paraphernalia and activities which he authorized were not permissible without a gambling permit. Similarly, Mr. Garvey admitted having served liquor prior to 8 a.m. on the date in question. In their closings, counsel for each of the parties focused their remarks on the nature of the adverse action which they thought would be appropriate in this case. The City Attorney has recommended revocation because of the open and flagrant nature of the gambling violation, the wide range of gambling activities involved and the length of time over which the gambling activities occurred. Counsel for the Arcade Bar, on the other hand, argued that the gambling activities which took place at the Arcade Bar were modest and that it would be unfair to revoke the license on a first offense, with no prior warning by police or other authorities. He further argued that gambling activities such as occurred at the Arcade Bar were commonplace at bars all over the east side of St. Paul and in other parts of the city as well and that, historically, this had been so. The open and flagrant nature of the gambling violations cannot be ignored or taken lightly, regardless of whether the motivation for those activities was well-intentioned or reasonable. Other business measures could have been taken by Mr. Feist which could have stimulated the bar's business without violating the law. The evidence presented indicated that no gambling activities have been engaged in since the date of the raid in May of 1987. Still, it is troubling that the bar has continued to deviate from the law by serving liquor during statutorily defined off-hours. It is for these reasons that an 18 day suspension has been recommended, with a strong warning that any further violations could result in revocation. S.R.W. 7 Michael Mark Feis - �/ 1 MR . ANDERSON : All right . � 2 3 EXAMINATION BY MR. ANDERSON ; 4 Q Michael Feist, I 'm showing you a petition to enter a plea 5 of 9uilty in a misdemeanor case pursuant to Rule 15 of this 6 court . Do you understand? 7 A Yes . 8 Q And you and i filled this out together Just a few minutes 9 aQO? 10 A Yes . 11 Q Do you understand all of your ri9hts that are listed in 12 this petition? � 13 A Yes, I do . 14 Q And this is Your signature at the bottom? 15 A Yes . 16 Q And I have also indicated to you that bY entering your 17 plea, that there has been a kind of an agreement between 18 the prosecutor, myself and the Judge, that a fine would be 19 imposed, no 1ai1 time imposed, and if no similar or related 20 offenses occur within the next year -- 21 MR . KRIEVANS ; Excuse me, Mr . Anderson . Also there 22 would be confiscation of all paraphernalia, includin9 the 23 liquor . � 24 MR. ANDERSON : I ' ll get to that . 25 MR. KRIEVANS ; Okay . District Court - Second Judicial District � "JI , � _ . 1 ,. . r , i . , � .. ' :e . • � ; . 1,� , � � .. ' ' i !� . . . . .. . . , � � . . � .� . � . . ; . ., .. , _ . � . . , . .' . . � � r .. . . . ;y . . . . .. . . .. . . , .. ' .. . . �. � � . . � � . . � . . ' � ! � . � . . � . � � .. a i.� , . . _ . . � ! �. .. � . . . � . � . . . . . � �.. � '�./.,. � Michael Mark Feist - File No . 4139154 5 1 MR. ANDERSON : Where was I? Oh, that I can prepare a � 2 petition for this court to have this matter dismissed so 3 that it isn't on your record after a year from today . Do 4 you understand that? 5 A Yes . 6 Q In addition to that, it is understood that the money that 7 was seized when the police exercised that search warrant 8 will be returned to you todaY, -- 9 A Yes . 10 Q -- through me . And that all other items seized will be 11 confiscoted and destroyed by the police? 12 A I understand that . � 13 Q Including the bucket, that is, the holder of the tickets, 14 of the lottery tickets . Do you understand that? 15 A I understand . 16 Q That includes also the booze that was seized that was part 17 of a prize, right? 18 A I understand . 19 Q OkaY . You want the court to accept this petition then? 20 A Yes, 21 MR . ANDERSON : We offer the petition, Your Honor . 22 THE COURT: That is your signature on the bottom? 23 THE DEFENDANT, That is . � 24 THE COURT; Any obJection? 25 MR. ANDERSON : I think I forgot to fill out the back District Court - Second Judicial District . �} ., . , ) _ . � ; r; � , , � _ � ' . :. ., � . , , . , ' ? . �, ,. , , . ;i , ., ,,s� �_ " +� i ' ?+ _ , " . , , i1 wi . � _ � . . . � .. � r�� . .. � � � . .. � � : � � � � .. . � . . . ,. , �'. � . ' �j ;. �'"' , � '; • , � Michae M F - 1 part , I think it requires my signature . � 2 I don't know if that needs to be filled out . 3 THE COURT: That ' s all right , The petition to enter 4 plea of guilty is received . 5 What are the facts, Mr . Krievans . 6 MR , KRIEVANS ; The police officers, on a complaint, 7 entered the Arcade Bar, at Arcade and Sims within the City 8 of St . Paul, several times between April 23 and May 14, and 9 observed chances being sold to what was called a Lucky Buck 10 Chance Wheel where dollars were put in and then winnin9s 11 were taken out of . 12 Specifically, on the 27th of April a Lucky Buck � 13 chance was sold by Mr . Feist to Officer Simmons for a 14 dollar, and also Mr , Feist sold a 55. 00 chance to a Twins 15 same to Officer Simmons on that date . 16 THE COURT: All ri9ht . Mr , Feist, those are the facts 17 they accuse you of . Are those facts true? 18 THE DEFENDANT: Yes , 19 THE COURT: Okay . And, Mr . Feist, based on those 20 facts, and keeping in mind vour understanding of the plea 21 agreement, do you plead guilty now to the char9e of 22 participating in a lottery between the dates of April 23, 23 1987 and Mav 14, 1987, in RamseY CountY, Minnesota? � 24 THE DEFENDANT: Yes, I do . 25 THE COURT; Okay . And are you entering this plea District Court - Second Judicial District Michael Mark Feist - File No . 4139154 7 1 freely and voluntarilY? � 2 THE DEFENDANT: Yes . 3 THE COURT: And has anyone made any promises to you, 4 other than what you heard in the plea a9reement, or any 5 threats of any sort to 9et you to enter the plea? 6 THE DEFENDANT; No . 7 THE COURT: All ri9ht . Based upon Mr , Feist' s plea I 8 find him guiltY of the amended charge of pqrticipating in a 9 lottery, a misdemeanor . 10 Are you prepared for sentencing, Mr . Anderson? 11 MR , ANDERSON : We are, Your Honor . 12 THE COURT: Is there anything you would like to say, � 13 Mr . Krievans? 14 MR. KRIEVANS ; Nothing 15 THE COURT: Is there anything you would like to say, 16 Mr . Anderson? 17 MR. ANDERSON ; Only that this is a family or a 18 nei9hborhood bar . It ' s been out on Arcade for manY vears . 19 I think Michael ' s has been the owner, with his 20 brother-in-law, for about eleven years . It ' s his way of 21 making a living . His wife is the cook . They have a child, 22 or two -- one child? 23 THE DEFENDANT: Three . � 24 MR. ANDERSON ; Three . Okay . And it ' s a tou9h 25 business, these days particularly . District Court - Second Judicial District 1 We Just want you to understand that most of his � 2 customers are retirees from the Whirlpool Corporation, who 3 use the place as kind of a social club now. 4 Michael is easily persuaded to participat in 5 events that these people suggested to him, such as fishing 6 trips for some of the disabled people that come to the bar, 7 two or three times a year , And the Sportsmen' s Club arose 8 out of that . 9 I think one of the things that the Sportsmen' s 10 Club tried to do was to become le�al or get a certificate 11 from the state . 12 They got a tax number, did they not? � 13 THE DEFENDANT: Yes . 14 MR , ANDERSON : They did everything except get Mr . 15 Carchedi ' s approval . 16 And I think you had letters from Children' s 17 Hospital where the Sportsmen ' s Club contributed a hundred 18 dollars, or the outfit contributed to Children' s Hospital a 19 hundred dollars and got nice letters thankin9 them. 20 And they take these older guys, who couldn ' t go 21 anywhere on their pensions if they didn 't go in a Qroup, 22 and they took them on fishing trips and hunting trips two 23 or three times a year; a modest effort . � 24 And, of course, it ' s good for Michael ' s business . 25 But, I mean, he makes a living at it . District Court - Second Judicial District Michael Mark Feist - File No . 4139154 9 1 And that' s about the gist of it, isn' t it, � 2 Michael? 3 THE DEFENDANT: Yes . 4 THE COURT: OkpY . 5 MR. ANDERSON : Thank You, Your Nonor . 6 THE COURT; Thank you . 7 Is there anything you would like to say Mr . Feist , 8 THE DEFENDANT: No . 9 THE COURT; Okay . As penalty for this misdemeanor I 'm 10 going to stay imposition of sentence for a period of one 11 year and during that period I 'm 9oing to place you on 12 probation without supervision subJect to the following � 13 conditions : 14 First of all, that you have no further 9ambling 15 offense of any sort during that year . And I 'm goin9 to 16 require also that you not have any conviction for any 17 nontraffic misdemeanor or 9ross-misdemeanor or for any 18 felony of anY sort , In other words, I 'm going to require 19 that you remain law-abidin9 for that year . 20 I 'm also going to impose a fine of $300 . 00, and 21 there ' s a surcharge on that bY law of 10x, so it' s $330 . 00 , 22 And I 'm going to provide that, in the event that 23 you satisfy all the conditions of your probation durin� � 24 that year, and if at the end of that year your record is 25 clear in the respects that I have Just indicated, upon District Court - Second Judicial District - ' � 1 motion of your attorney or upon motion of yourself, then I � 2 will vacate the conviction and dismiss the matter . 3 Do you understand those conditions? 4 THE DEFENDANT: Yes, I do . 5 THE COURT; Are you able to pay that fine today or do 6 you need some time to do it? 7 MR . ANDERSON : Is any of that money yours? 8 THE DEFENDANT: No . 9 MR . ANDERSON : Okay , You need about two weeks or a 10 week? 11 THE DEFENDANT: Yeah . 12 THE COURT: Now much time do you need? � 13 MR. ANDERSON ; Wait a minute . Let me see if I have got 14 it . I have got $200 , 00 , Have you 9ot a hundred? I 've got 15 two . Oh, I 've 9ot two-thirty , 16 Have you got a hundred dollars? 3 17 THE DEFENDANT: Yeah , 18 MR. ANDERSON : He can pay me . Whoops, we' re going to 19 run into Garvey' s, unless -- we got it , 20 THE COURT: Have you got the a330 . 00? 21 MR. ANDERSON : We do . 22 THE COURT: Okay . All right . That' s all . 23 For the record, the counts for Mr , Feist, the � 24 counts of operatin9 a gambling place and participating in 25 the income of a 9amblin9 place and the use of gambling District Court - Second Judicial District Michael Mark Feist - File No . 4139154 11 1 devices and the receivin9 and recording of bets, all as � 2 charged in the criminal complaint in File No . 4139180, are 3 dismissed on the motion of the State . Is that correct? 4 MR. KRIEVANS : That ' s correct . 5 THE COURT: All right , 6 MR . KRIEVANS : Count I, maintain and operate a gamblin9 7 place, was amended to the misdemeanor . 8 MR. ANDERSON ; But it' s a different misdemeanor , 9 10 11 12 � 13 14 DATED : This lOth day of March. 1988 . 15 16 17 18 19 20 21 22 23 � 24 25 District Court - Second Judicial District � . ��- /� � ; STATE OF MINNESOTA] � � COUNTY OF RAMSEY ] R E P 0 R T E R ' S C E R T I F I C A T E I, Jerald R. Sandahl, do certify that I am an official court reporter in and for the County of RamseY, Second Judicial District, State of Minnesota, that I reported the foregoing proceedings in this matter, and that the transcript contained on the fore9oin9 11 paQes is a true and correct transcript of the shorthand notes taken by me at the said time and place herein mentioned . � DATED : April 11, 1988 � � � �� JERALD R . 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I `��. �"� .. � � �• � �1 � , �•t� 1 a � . ,: , , � --j-•---�.6� - - -•+t�--�� t(. .� � �� •��,�; � MG �� '� �. , , _ ��.f �� / �� ..` �; � • r i �-i ' - ` � , -• �_: � • N � _• ..�v � .+ � �'` � � � rl �— �' � � �� n�� • � `�� _../, � ` t- � '. • �•�,.,, � • �►"�t► �� yc�i1 � j�' - - �: s :s�:. a " -o E1 � , ,: : u � °�� ,,b �� y�„i,2,t �yca;isr m�.. { Y � 4� , 1� ��'F V� k�� I �. ` ' � �� I�� k �,�y�. �y.t� � .�'{tC��4'q �Y ��eKC- .. �',��. ifl�+,�i � i / �1�X �1`� �' -F'.;�:I 7 �—... j f �� 1'.«— � 'eYr � . , • �� .��'� � � � �:� "Y. i'• . .�, i , I �*�: i ,�„ �. ` ,�'�� I . ��:` � . , 1 � _� 1 �j y The Real ' � I � of Be¢r! � � ` : � � , , .�_-.�.a� r � • . � ., , ,, ___ , . : �,,y, - ; � = � , � � � . .y� ; f, . • ~' , � , • +� �' r. � ,. �' " �'��'.�i t',�; ,��i�' �� ,�` (� , ' '� . ^r � �� 1 � , � �� . �,� � , ' JI , . . ; • � , .i , , � '�.� r Michael Mark Feist - File No , 4139154 �'� ., / �v�,� . 1 STATE OF MINNESOTA DISTRICT COURT � COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT File No . 4139154 ---------------------------------- State of Minnesota, Plaintiff, PLEA OF GUILTY TO AMENDED vs . COUNT I AND ORDER STAYING IMPOSITION OF SENTENCE Michael Mark Feist, Defendant . ---------------------------------- The above-entitled matter came on for hearing � before the Honorable Gordon W . Shumaker, Judge of District Court, on March 10, 1988, the defendant having previously entered pleas of not guilty to various counts of gamblin9 . Ivars Krievans, Assistant City Attorney, appeared on behalf of the State of Minnesota . The defendant, Michael Mark Feist, was present in person and was represented by his counsel, Victor B , Anderson . Jerald R , Sandahl Official Court Reporter 1439 Courthouse � St , Paul, MN . 55102 t298-5310) District Court - Second Judicial District ° G'/T�'- ��U Z U��G�/ . �r'�__- /aa � s/��P� � ,r �tTT p S�O �U � . � . . . / z.yo� - 6 CITY OF SAINT PAUL �~� ' +' OFFICE OF THE CtTY ATTOBNEY e ±' '� uu��uu .: '�: `�� " =- EDWAR� P. STARR, CITY ATTORNEY E ,�°" "" °��_ 647 City Hall, Saint Paui,Minnesota 55102 �•.� GEORGE LAT�MER 612-298-5121 MAYOR May 3, 1988 Mr . Michael M. Feist NOTICE OF HEARING Bram Corporation dba Arcade Bar — 932 Arcade Street St. Paul , Mn. 55106 RE: Arcade Bar Dear Mr. Feist : This is to notify you that a hearing will be held concerning the licensed premises stated above at the following time, date and pl ac e: Date : June 1 , 1988 Time: 9: 0�1 A. M. Place: Room 1445, Ramsey County Courthouse 20 West Fourth Street, St. Paul , Mn. 551�12 The judg? will be an Administrative Law Judge from the State of Minnesota Office af Administrative Hearings : Name: Susan R. Weisman Address: 3300 Girard Avenue South • . Minneapolis , Mn . 5540'8 Telephone: 824-0735 ' . . The Cour..cil of the City of Saint Paul has the authority to provide for hearings concerning licensed• premises, and for action , against such licenses, under Chapter 310, including sections 3 �0.fd5 and 3 ?0.�6, of the Saint Paul .Leg? slative Code. In the case of :� ic�nses for intoxicating and non- intoxicating liquor , authority is also canveyed by section 34 �A.415 of the Minnesota Statutes. : Evidence will be presented to the judge which may lead to adverse � � action ac�a inst the 1 icense or 1 icenseholder as follows : � • 1. On April 25, 1987, unlawful gambling activities in vio�ation of Minn. Stat. Sec. 34fdA.410, subd. 5, and Saint Paul. Legislative Code, Sec. 40�9.08 (6) , took place on the license� premises, including the availability of payoffs on video poker games, a poker game, and a VCR raffle. � - • 2. On April 27 , 1987, unlawful gambling activities in violation of Minn. Stat. Sec. 340A.410, subd. 5, and Saint Paul Legislative Code, Sec. 409.08 (6) , took place on the licensed premises, including sales of chances on a baseball board and for a lucky buck drawing , and a dice game. � 3. On May i'� 1987 , unlawful gambling activities in violation of Minn. Stat. Sec. 340A.41�, subd. 5, and Saint Paul Legislative Code, Sec . 44J9.�8 (6) , took place on the licensed premises, including the sale of tip board chances and a playing card raffle or drawing . . . 4. On May 13, 1987, gambling paraphernalia was kept and/or stored on the licensed premises in violation of Minn. Stat. Sec. 3441A.410, subd. 5, and Saint Paul Legislative Code, Sec . 489. �8 (6 ) . 5. On March ld, 1988 , Michael M. Feist , an officer and/or . owner of the Bram Corporation or of the Arcade Bar , and James F. Garvey, an employee/bartender employed by the Arcade Bar each entered pl�as of guilty to a misdemeanor charge under Minn. Stat. Sec . 609. 755 (2 ) arising out of activities on the licensed premises. , You have the right to be represEanted by an attarney before and during the hearing if you so choose , or you can represent yourself. You may also have a person of your choice rzpresent � you , to the extent not prohibited as unauthorized practice of law. • The hearing will be conducted in accordance with the requirements �of sections 14.57 to 14. 62 of the Minnesota Statutes , and such ., parts of the procedures under sfaction 31�.05 of the Saint Paul Leg i sla tive Code a s may be appl icable. ' . � ' At hearing , the 'Administrative Law Judge will ha've all parties identify themselves for the record. Then the City will present its witnesses and evidEnce, each of whom the licensee or attorney may cross=examine. The licensee may then offer in rebuttal any � ' witnesses or evidence it may wish to present, each of whom the � '. City attorney may cross=examine. The Administrative Law ' Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants • of property located in close proximity to the licenseci premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing , the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommenda�ion for action to be taken. � ' � - �� + /�� You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 140P1.7000. If you think that this matter can be resolved or settled without a formal hear ing , please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts , that stipulation will be presented to the Administrative Law Judge for incorporation 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 thi.s notice may be taken as . true and your ability to challenge them forfeited. If non=public data is received into evidence at the hearing , it may become pablic unless objection is made and relief requested under Minnesota Statutes , section 14. 60, subdivision 2. Very truly yours , - ` � . PHILIP . BYRNE Assistant City Attorney (612 ) 298-5121 Attny. Reg . No . 13 961 • � cc: Victor B. Anderson, Esq. � Joseph F. Carchedi • • License Inspector Lt . Don Winger . . Vice Unit � Alber t B. O1 sor. Ci ty C1 �isan R.��'e i st�t�t� = Aclministrative Law Clerk . . �,�_la.�� ,�� g - �� "' °=�- CITY OF SAINT PAUL , _+�. � ., . . �: OFFICE OF THE CITY ATTORNEY �� -�� , . _ `,: ,��1��1�� : E D V J A R D P. S T A R R. C I T Y A T T O R N E Y ""._ b47 City Hail. Saint Paul. Minnesota 55102 GEORGE LATI�IER 612-298-5121 MA1'OR May 17 , 1988 Victor B. Anderson, Esq. 420 Commerce Building Saint Paul , Minnesota 55101 RE: Arcade Bar Hearing Dear Mr. Anderson: This is to advise you that my letter to rlichael Feist dated May 3 , 1988 (a copy of which was sent to you) incorrectly stated the date of one allegation against your client . On page 2 of the letter , in the naragraph numbered 3 . , certain activities are alleged to have taken place on May 11 , 1988 . The date of Mav 11 should have been r?ay 7 , and I enclose for your files two poiice reports relating to that event . I assume you have =hese already and most of the othersfrom your defense of Mr. Feist and Mr. Garvey. I have not sent copies of the poli�e reports to the Adrninistrative Law Judge , but �aill have them at t�e hearing. . Very truly yours , • �. ' � ' . PHILIP . BYRNE . .. . Assistant City Attorney , •£•rr��. . . . c c : ��s�� ;�I. �;.smsn _ , . � ,�&' -�� y STATE OF MINNESOTA � �� I ' �!t COURT COUNTY OF RAMSEY � ION T , ST. PAUL *�^�� \� i ON . " \ �,,,/ � STAT� OF MINNESOTA C� �, (Cl,(-�/�' T Plaintifr" �� TO ENTER P�EA OF GUIL�Y - '� EhNOR CASE, PURSUANT TO VS. Ku�E 15 � Oefendant Case File j T . The abave-named Court: � , defendant in the above-entitled action, respectfully re- esents and states as fo ows: 1�. I am charged wi th '� C1� i n vi oT ati on of nam of offens2 � ��statute or ordinance — � 2. I hereby plead guflty to the offense of � ame of ffense in vioTatian of �� ; • Stdtute or ordtnanCe 3. I am plea ing quilty be ause I cortQnitted the follo� g act : ; 4, I understand that the maximum possible sentence on a misdeme r is a 5700 fine or 90 days imprisonment, or bath. The maximum possibie sentence on a petty misdemeanor is a 5100 fine. Another conviction in the future for a similar charoe could resuTt in e greater punishment or in a gross misdemeanor s2ntence up to a maximum of a 53,000 fine and/or imprisortment r"or one year. , 5. I have fuTly sc ssed�}ie har e(s) , my constitutional rights and this petition with m� attorney, �� , OR if I am not represented, then: name of attorne� if none, StaL2 so �a. I understand that I have a right to be represented by an attorney and that if I cannat af- ford to pay for an attorney, one wi11 be appointed to represent me without cost. 5b. I give uA my right to be repres2nted by an attorney. I understand that repres2nting my- self �Nithout an attorney may be a disadvantage to me as I must follow the rules of proce- dure and rules or evidence. ' 6. I unders�and I have the following constitutional rights which I knowingly and intell�gent- ly waive (give up) : � �a. The riaht to a trial to the court or to a jury of six (6) members in which I am pre- � sumed innocent until proven guilty beyond a reasonable doubt; � b. The right to confront and cross-examine aTl witnesses against me; � c. The ri�ht to remain silent or to testify for myself; � d. The right to subpoena witnesses to appear on my behalf; �„� e. The riaht to pretrial hearing to contest the admissibility of evidence obtained from � a search and seizure and/or admission and confession. vt 7. I am entering my olea freely and voluntarily and without any promises except as indicated � in number 8 below. . j- - , - �� . _._.___.__, ._____ r.. 8. . 7hat I am -entering my plea o auil � based on the following plea agree��nt with the ;orose- . . .: . : .,. , __ . �" cutor: (if none, state so) 9. I understand that if .the urt does not approve his _ � en�;"�!'h th ight to �with- draw my plea of guilty and have a triaT . - - --.. _ - - ` � ' - - Oated this � day of , 19�,� � � , ._._.___ -__ � .-- _� e,.�n nt �� r2ule 15, For,n 2.20 1/1 85 - . , , J. � ��.,".�::�'�i'I'�;l, Di;'�ic� C;,urt Admir,istrator, �� , .�� r , ,.. , �r� � �e:;��a :'��s hereby, i>" . .'; � �? ... ', i:.. ' ,,li' iS � tf',:9 r��r � r•.••.� (�i�:i't�� Ji�'!i;l.lj iJij {��:; c�l�d . �, .. ,.. _.,. ,�.y ., p` :c.�-,�;: I i (Tl'y. '�``t.. . L$;�� `ii�',...�-___._�j��nl ___...�,_ � 1"Ji� !. c. GC�C�, ':^!S;I, C�st � �:r; A�.i;�;i,�,i�i,•ator . �� Deputy Fii�� No. � If petition is to be filed in lieu of a personal appearance by defendant, the�: states that he/she is the attorr,ey fcr the defendant in the above-entltled criminal action; that he/she personally explained the contents of the above petition to defendant; that to the best of his/her knowledge, the defendant's constitutional rights have not been violat2d and no meritorious defens2 exists to the charge(s) to which de- fendant is pleading guilty; that he/she personally observed the defendant date and sign the above petition; and that he/she concurs in the entry of defendant's plea of guilty. Oated this _ day af , 19_ ttorney for Defendant � ., ��a� .� �.- STATE OF MINNESOT,� +:` '` ` ' . RT COUNTY OF RAMSEY C .�/.w �TVrernN 1 , ST, PaUL �"1t ;Y N � ,(�•-� N , ; SiATc,OF MINNESOTA �j � Plaintiff � �/�i '0 ENTER P�EA OF GilILTY c ' �C(� , :F,NOR CASE, PURSUANT TO iG� T T ' �,�y, . i�,��` C ` Oefendant j T0: The above-named Court: � , defendant in the above-entitled action, respectfully re- resents and stati s as fo . ows: 1'. I am charged with ` � + in violation of na o fense 7 ; . statute or ordinance ° Z. I hereby plead guilty to the offense of ' *4� t� - � e of affense in violation of� , 5 a te or ordinance 3. I am pTead'ng quilty because I committed th� foll ing a ts: ; 4, I understand that the maximum possible sentence on a mi emeanor is a 5700 fine or 90 days imprisonment, or both. The maximum possible sentence a petty misdemeanor is a 5100 fine. Another conviction in the future for a similar charge could result in a greater aunishment or in a gross misdemeanor sentence up to a maximur� of a 53,000 fine and/or imprisortment for one year. . 5. I have fu1Ty sc s the ar e(s} , my constitutionaT rights and this petition wit� my attorney, ; OR if I am not represerted, then: name of attorney if none, stata so 5�a. I understand that I have a right to be represented by an attorney and that if I cannot af- ford to pay for an attorney, ene wi11 be appoinied to represent me without cost. 5b. I give uA my right to be represented by an attorney. I understand that repres2nting my- self �Nithout an attorney may be a disadvantage to me as I must follow the rules of proce- dure and rules or evidence. � 6. I understand I have the following constitutional rights whfch I knowingly and intell�gent- ly waive (give up) : � a. The riaht to a trial to the court ar to a jury of six (6) members in which I am pre- sumed innocent until proven guilty 6eyond a reasonabTe doubt; b. The right to confront and cross-examine a11 witnesses against me; �'F c. The riaht to remain silent or to testify for myself; C�'� d. The right to subpoena witnesses to appear on my behalf; U e. The right to pretriaT hearing to contest the admissibility of evidence obtained from --� a search and seizure and/or admission and confession. 1 . , _ . � 7. I am entering my olea freely and valuntarily and withaut any promises exce�t as :indicated = in number 8 below. _� • : � __ •�:`-- ;� .:. _ • ..._ _�.,_�: . ._ _.. - _.n � - - - . _ _ . ,.. __ _ . , � 3. . That I am enter�ng my pTea of guilty ba ed�on the .followir�g lea aoree�ent wi�th�th �orose- cutor: (if none, state so) ` � y � = . � 9. I understand �hat if the court does t a r t i ee en , t�g o with- • • . .. draw my plea of guilty and have a trial . � � _.__ . . _ - . i'vJ � . Oated this � day of , 19 g� ' ` .� _._,_ _. . efond nt Rule 15, Form 2.20 1/1/85 y � . • • i , . _ 1 � � -r` . . ti-�� .,.�\Y�r. ��t:T l� :ilv�� ' �1.:1 :') ;i°.PGJ�/ �, " °`•"in; iS 8 iiJ@ �`` , , t� ��,` � :f or� ii;e ard �� . i., nZr �r:�;,., � ��„"-�+,�^ �_._.n ,:'of_ __a.�. __.., 19 �.«u�` JJ��6f '' , � , � ;�:, t;; �i Au;�;;;;i.;i;3lor �:`4 f'i1�r;Q, DepU(y IfGp�it n i to filed in lieu of a personal appearance by defendant, the�: � es that he/she fs the attorney fcr tne defendant in the abave-entit ed crimina action; that he/she personally explained the contents of the above petition to defendant; that to the best of his/her knowledge, the defendant's constitutionaT rights have nat beeri violated and no meritorious defense exists to the charge{s) to which de- fendant is pleading guilty; that he/she personally observed the defendant date and sign the above petition; and that he/she concurs in the entr � defendant's ple of guilty. Dated thi�� day of , 19�g � ttorney for Derendant .a � ^ � ��,.�/�� !J .. � . . �� " . 31!i' � y . .. ,Y�,� ,!�. . . � .. . .;�� 3 . . . .. . - .. ' . . .. . :P ��h. .,L; _ .. . . ' . - - � - 3 .d � �. �-�� - � . . ' . . . ;, i - � Bram~Corporat�on� . � � . .. ti �..__ _..-oiv._SRL��LtQ..... . . � . . .. dba Arcade Bar _ _ Pres.Sec.Tr. vlilliam �. Martineau � �, . V.Pres. M3.chael M. Feist �• Stock Will;a� C. Martineau �, j�ichasl M. Feist ; '�, , ��I�S =PAC�E1'' I2E�?1�ESENTS T_�:UE �TD EXACT COPIES OF � LICENSES ANI} SUPpO�?TING PAPE�:S FOR TF� L�'.IENSES .. fIELD BY BP,APd CO�PORATIO�i—D-�A A.TZCADE �A,.'�_�T_.932_ . �,RCADE S TIiEET � - ��C,� � ,� N 'n,a.c,C;��G-� v� �. �,�.��; �� h�6css � � cri�' �FI�� '; :'�}-�Q!/ti�'r�-cy '�� ,.. . � F ° � �t�C z ° ./),�r!"r 1��, ,�.� ;: /qGc �•�•��S� � � �.. - � _. .._� . � ii��u1°�.�� 1'�' � > ... - . . .. . . _:.,: . ... � � .. .- . �.�.-...�.. .. ..._..... . . . . . �-.. �:�.- ...:� ..� . .. . .: ... _ . . .. . .. � . ... ��,-::.. ..._: - �: . :�. ..;.�. - '. .� , . � - ' ::.:. .. M W1h1ANV�1�h�M/�'1' y., . : . ....., , . : . ^ o�- � ._.. , ' �---�""� - --,.�� w T.icExsE xo. CITY OF SAINT PAUL FEE $3 0 4 9. 0 0 • 16204 LICENSE & PERMIT DIVISION , � LICENSE INTOXICATING LIQUORS "ON SALE" 1ST HALF:$1524.50 2ND HALF:$0 THIS CERTIFIES THAT BRAM CORPORATION HAVING PAID TIiE ABOVE FEE AND HAVII�TG COMPLIED WITH OTSER.OR.DINANCE REQUIREMENT3 IS HEREBY AUTHORIZED TO SELL INTOXICATING LIQUORS "ON SALE" IN ACCOR.DANCE WITH THE PROVISIONS OF OR.DINANCE NO.7SST,APPROVED JANUAR.Y 18, 1934,BUT SUBJECT TO ANY AMENDMENT OR AMENDMENTS OF SAID OR.DINANCE NO.7537,IN THE FOLLOWING DESCR.IBED PORTION3 ONLY OF THE BUILDING 3TRUCTURE KNOWN AS ARCADE BAR LOCATED AT 932 ARCADE ST ST PAUL MN 55106 THIS LICENSE MUST BE gEPT POSTED IN A CONSPICUOUS PART OF THE ABOVE PLACE OF BUSINESS NOT TRANSFERABLE FROM PERSON TO PERSON OR PLACE TO PLACE T�iI3 LICEN3E IS ISSUED SUBJECT TO TAE PROVISION3 OF ALL OR.DINANCE3 OF TIiE CITY SERVICE ARF.A: BAR ROOM OF ST.PAUL,MINNE30TA,AND MAY BE REVOKED AT ANY TIl�IE IF 3AID PROVISIONS AR.E VIOLATED. THI3 LICEN3E EXPIRE3 0 l�31�8 8 DATE OF IS3UANCE 02�25�87 LICEN3E IN3PECTOR L LicElvsE xo. CITY OF SAINT PAUL FEE COLLECTED ' 16204 LICENSE AND PERMIT DIVISION $264.75 - LICENSE POST LICENSE IN A CONSPICUOUS PLACE THIS IS TO CERTIFY THAT BRAM CORPORATION DOING BUSINESS AS ARCADE BAR PLACE OF BUSINESS 9 3 2 ARCADE ST ST PAUL, MN 55106 HAVING PAID THE ABOVE FEE AND COMPLIED WITH OTHER OR.DINANCE REQUIR.EMENTS APPLICABLE THERETO,IS HER.EBY AUTHORIZED TO CONDUCT TIiE BUSINE33 OF: SUNDAY ON SALE LIQUOR (1) — $200.00 NOT TRANSFERABLE ENTERTAINMENT (1) — $6 4.7 5 FROM PERSON TO PERSON Oft PLACE TO PLACE THI3 LICENSE IS IS3UED SUBJECT TO THE PROVI3ION3 OF AI.L OR.DiNANCES OF THE CITY OF ST.PAUL,ivxINNFSOT�+ AND MAY BE REVOK�D. THI3 LICENSE EXPIR.ES 0 l�3 l�8 8 DATE OF ISSUANCE 04�02�87 LICENSE INSPECTOR L�cErtsE xo. CITY OF SAINT PAUL FEE COLLECTED ` 16204 LICENSE AND PERMIT DIVISION $160.21 ` LICENS E POST LICENSE IN A CONSPICUOUS PLACE THIS IS TO CERTIFY THAT BRAM CORPORATION DOING BUSINESS AS ARCADE BAR PLACE OF BUSINESS 9 3 2 ARCADE ST ST PAUL, MN 55106 HAVING PAID THE ABOVE FEE AND COMPLIED WITH OTHER OR.DINANCE REQUIREMENT3 APPLICABLE THERETO,I3 HEREBY AUTHORIZED TO CONDUCT THE BUSINESS OF: RESTAURANT 14HRS TO 99 SEATS (1) — $160.21(PRO—RATED) NOT TRAN3FERABLE FROM PERSON TO PERSON . OR PLACE TO PLACE THI3 LICENSE IS ISSUED SUB�ECT TO THE PROVISION3 OF ALL ORDINANCES OF THE CITY OF ST.PAUL,MINNESOTA AND MAY BE REVOKED. THIS LICENSE EXPIR.ES 01/31/8 8 DATE OF ISSUANCE 0 6�17�8 7 LICENSE INSPECTOR � .� , .. � � ' �� C I T Y 0 F `' S A I N T P A U L LIC-ID: 16204-3 ' . LI CENS E RENEWAL NOTICE DATE: 12/23/86 *** SUBM�T TH� FEES FOR THE FOLLOWING LICENSES BEFORE THE EXPIRATION DATE. *** *** YOU MAY BE PENALIZED UP TO 50 � OF YOUR LICENSE FEE FOR LATE PAYMENT. *** *** PAY TOTAL AMOUNT SHOWN WITH CHECK MADE PAYABLE TO CITY OF SAINT PAUL. *** ( BOND AND/OR INSURANCE INFORMATION ATTACHED ) BRAM CORPORATION MINNESOTA TAX ID # : 5096825 ARCADE BAR LICENSE EXP. DATE : Ol/31/87 BOND EXP. DATE : CON�r 932 ARCADE ST INSURANCE EXP. DATE : CANC ST PAUL, MN 55106 UNIT-COST #UNITS AMOUNT --------- ------ --------- 2082 LIQ-ON SALE-100SEATS/LESS - C 3049. 00 1 3049.00%�� 2168 SUNDAY ON SALE LIQUOR 200. 00 1 200.00 �2283 ENTERTAINMENT 64 .75 1 64.75 APPLICATION FEE : 2.50 \ TOTAL : $3316.25 �/ 7�/l. �� .? ($15. 00 CHARGE FOR RETURNED CHECKS) {I� OUT F BUSINESS PLEASE INFORM US. ) ��'` �� /� � � g 2-r � 0� ------------------------ � � � � --------------------------- - --- -------------�----- r� m v n � e •e �r •� a * r � 1 '1' O F S A I N T P A U L LIC-ID: 16204-3 L I C E N S E R E N E W A L N 0 T I C E DATE: 12/23/86 4 REMIT TO : CITY OF SAINT PAUL - 203 CITY HALL, SAINT PAUL, MN 55102 BRAM CORPORATION MINNESOTA TAX ID # : 5096825 ARCADE BAR LICENSE EXP. DATE : O1/31/87 932 ARCADE ST BOND EXP. DATE : CONT ST PAUL, MN 55106 INSURANCE EXP. DATE : CANC LICENSE NAME UNIT-COST #UNITS AMOUNT ----------------------------------- --------- ------ --------- 2082 LIQ-ON SALE-100SEATS/LESS - C 3049.00 1 3049. 00 2168 SUNDAY ON SALE LIQUOR 200.00 1 200.00 2283 ENTERT�NMENT 64.75 1 64.75 N � � � � �" APPLICATION FEE : 2.50 = `� TOTAL �$3'3rG75-- �� . �..�, . ?� ' �" �� ° �� ($15. 00 f�iA��G„E FOR RETURNED CHECKS) (IF OUT OF BUSINESS, PLEAS� INFORM US. ) � ^7 ( BOND AND/OR INSUR.ANCE IF APPLICABLE MUST BE SUBMITTED WITH PAYMENT. ) ** LOWER SECTION MUST BE RETURNED WITH PAYMENT TO ASSURE PROPER CREDIT. ** �.�. U,�/ ��i �� ,i �:'� � , .. .. � •r x u r� � H 1 tv �1 Y A U L LIC—IDs 16204-03 LI CENS E RENEWAL NOTICE INV—DT: 06/05/87 REMIT TO : CITY OF SAINT PAUL ��_ ,�,. ,�'G� • 203 CITY HALL, SAINT PAUL, MN 55102 PAYMENT DUE DATE : 07/31/87 BRAM CORPORATION MINNESOTA TAX ID # : �096825 ARCADE BAR LICENSE EXP. DATE : O1/31/88 932 ARCADE ST BOND EXP. DATE : CONT ST PAUL, A'II�T 5 510 6 INSURANCE EXP. DATE : O 1/3 I/8 8 LICENSE NAME UNIT—COST #UNITS AMOUNT ------- —,�---------------------- --------- ------ --------- LIQ—ON SALE—_100SEATS/LESS — C 3049.00 1 1524.50 `-. -� � � ` �` APPLICATION FEE : 2.50 �;� .. ; �. TOTAL : $1527.00 � � > �1 /� � LIC—ID: 16204-03 ($15. 00 CHARGE FOR RETURNED CfiECKS) (IF OIIT OF BUSINESS, PLEASE INFORM US. ) ( BOND AND/OR INSURANCE IF APPLICABLE MiJST BE SUBMITTED WITH PAYMENT. ) ** LOWER SECTION MUST BE RETURNED WITH PAYMENT TO ASSURE PROPER CREDIT. ** 1-3� - � � �tZ. ON SALE LIQ�TOR EST-ABLISIiMENT - SEAT CCUKT �Date: �Y� - Inspector Name: ��+'�� License I.D. No. ��020�� DBA: ,�Q�G'�,Q� �"✓/Q� Addres s: �3 Y��C.A1�L% NumUer Of Seats• 2080 Over 2Q0 Seats 2081 Over 100 Seats �ZS'� v 2082 Undez 100 Seats Comments: � I/87 a/ ' "�� . �� y/��/� � �� LICENSE ZD N0. �"'�6 I LICENSE EXP. DATE: 1/31/88 r�- Corporation Name � � r ( A) Doing Business As (Name) � � Busines Address RESTAURANT LICENSE UESCRIPTION ,;?�ENSE ?iours �pnn Seat�:ng pR0-F.:a.TED CODE Per Day Cagacity rE� ` � 2570-A Up to 9 Up to 25 seats $ 3I.25 —� 2571-B L?p to 14 Up to 99 seats 162.71 � 2772-C Over 14 Up to 99 seats 27i.04 I —� 2573-D Up to 14 100 seats or more 325.42 (__ 2574-E Over 14 100 seats or more 542.29 SEND THIS COMPLETED FORM ALONG WITH APPROPRIATE PAYMENT T0: City of Saint Paul License & PermiC Division Room 203 City Hall Saint Paul, MN 55102 , . - ,�� .�� . . _ ��=�e, CITY OF SAINT PAUL '� ' DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ; ; . � :, „e� DIVISION OF LICENSE AND PERMIT ADMINISTRATION ' ,.�. Room 203, City Hall Saint Paul,Minnesota 55102 Geo�e Latimer Mayor On January 6, 1987 the Saint Paul City Council approved a resolution (Council Fil.e Number 86-1538, copy attached) which repealed Chapter Number 409.05, Subd. 3 of the Saint Paul Legislative Code. Accordingly, all On Sale Liquor Licensees must hold a Restaurant License. Since your current On Sale Liquor License expires on January 31, 1988, your new Restaurant License will be pro-rated to expire on that same date. You must pay the appropriate fee for the Restaurant License in accordance with the following fee schedule before April 1, 1987. RESTAURANT LICENSE DESCRIPTION LICENSE Hours Open Seating ANNUAL PRO-RATID CODE Per Day � Capacity FEE FEE 2570-A Up to 9 Up to 25 seats $ 97.50 $ 81.25 71-B Up to 14 Up to 99 seats 195.25 162. 2572-C Over 14 Up to 99 seats 325.25 271.04 2573-D Up to 14 l00 seats or more 390.50 325.42 2574-E Over 14 100 seats or more 650.75 542.29 Please fill out the attached form and return with the proper payment before April 1, 1987. JFC/JO/lp DATE� .j ID� ��'�� Enclosures (2) , Signature of person recei ing notification � ns ector Name � S` \.�0° '�` J\"�)•. 00� �p• `a,la•J� . .. , .. ':)`� /j,.`� ��Lj✓y? .a,_y� ��, , ` . . '^a�'� 3Q'S,�?Q" �',�a�2;`',�b�' �\��?�y: �� o'� �� ..y ��. �� vY �v�2 0�0 � ��,.,. C I TY `. -O�J�'��G2Q aa� �o� � . .. � 1 "v�� .. , �; DEPARTMENT OF FINANCE AND MANAGEtiiti��SS°• ,,;�a o��;�a�°' .� �� `aia ya� .� ;� �� „e DIVISION OF LICENSE AND PERMIT ADMINISTk�, o�:a,�`�� ;;�o� y, �� Room.U3, City H� ,��SSS�� `�^\ � Saint Paul,Minnesota 55102 � �ifOf6e L]timtf � \ n,+�ror April 7, 1987 gr� Corporation Arcade Bar 932 Arcade Street Saint Paul, MN 55106 Dear Sirs: As License Inspector for the City of Saint Paul, I am hereby notifying you that on April 22, 1987 a public hearing will be held before the Saint Paul City Council (license matters only) . This hearing will be held in the Council Chambers, third floor of the City and County Court House at 10:00 a.m. At this hearing, the License Inspector will recommend that the City Council suspend the Sunday On Sale Liquor License you presently hold at the above address. The License Inspector's office will base its recommendation on the following: (1) Failure to make application and/or pay the fee for a Restaurant �icense as required. It is nur allegation that cfie above described actrvi_ty violaCes the iollowing: (1) Saint Paul Legislative Code 409.07, Subd. 2, Sunday Sales, (1) : "Notwithstanding the. provisions of Subd. 1, establishments to which "on sale" licenses have been issued or hereafter may be issued for the sale of intoxicating liquors which are hotels or restaurants and which have facilities for serving no fewer than SO guests at one time, may serve intoxicating liquors between the hours of 10:00 a.m. and twelve o`clock midnight on Sundays in con�unction with the serving of food, but no liquor shall be served on Sundays other than to persons who are seated at tables, provided that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act." You may be represented at this hearing by an attorney or other representative of your choice. You and/or your attorney/representative will be allowed to cross- examine witnesses and present evidence through witnesses and documents at this hearing. Enclosed is a memorandum of procedures used by the Saint Paul City Council for hearings on license revocations, suspensions, and denials of new licenses. Very truly yours, � �. •v Joseph F. Carchedi License Inspector JFC/lp cc: Council Members Jerry Segal - City Attorney's Office �'\ , f .�.,--- ......._ ..,,,,�,r„�..,F„ � � . . ` ��Ma y. �,.: . :�:.�. .�a . . �_7�t!'*��......�.�w..v.►�r.w��►� _. \� i; _ . � � . ��r�.. .. � .. .... . ;.... . . .. �.,r .:.. ��ENDER:Complete items 1 and 2 when ad� - ; Putyouraddrsis irt the�••RETCJRN TO" '��ero destnd,and compl�te iterr�s 3 and 4. �'fr°m b°i^S reri+med to you.Ths �on��e:ids.Faflure to�thit wili ?delive►ed to end the data of deli m �"�� ►�de cu the nsme f the e�raon�� ?'Postrna�ter r aes an ec x ed for sdd t o e ol owing ces aro ave e. nwlt ' %1= Show.to whom delivered, ��Is)re4uested. - �.Article A �°•m�d addn�s addrea: .: 2. ❑Restri ddrea�lto - cted Delivery, •; :: � � �:��gr�� 4.Article Number :.�� Arcade.Bar ' _ _ �; Q. 505 I10 039 ', ''-' 932 Arcade Street � rrr�of s�►t�: . , �Saint Paul .. _' a�r�rea � r 1� $$�-�� ro �Certified B Inwrett , , . COO .. � jy�- ��, t � { .=.:; Ll ExProa Mail . . ,� r r�;. ,`� �t�y . ' - ` �� n�,: .,: - q��Ys obtatn aignsture of add�or �.Sj9neture q�� ^ , a9entaod DATE E ERED. �. . ` : f�� , L� ,� t, ,,-�a�� Yx . ., ��s+ �.'�,�.=', "� 8"n�� NLY if t n8itlf+E A�e� ;�. � � .. . �r„im t� xt.. �r,�:_-#' S p��k�� d�� , y �, '''"`x�`t„"' :'�,� �j �i��_ �{ � � � bf Dsljv�rysE,c �� : � e�x �, ��' s '��''�{,s Q,++s�'�.yya� � .,ez' ;N , � . ` �.`�_r /jk`,� � ,.,,r fi:". •�,.9� . . , "'•.� �� ,Y. �' n ,` '� �� — (J"" ��'+�`� ",� r-.. ..,�a*.�' ,� �. y.: , � :..ri . . "�. .... . .... . . .�.. , .. . "�.r..�++�... .. . � ' • �` _ �� /�� . _ . ` Room 2os',- c�t�'�,. . . " ' •• Saint Paul, Minaesota 551U� APPLICATION FOR RENEWAL OF ON SALE INTOXICATING LIQUOR LIc��,,.. _ . PLEASE COMPLETE ALL ITEMS LISTID BELOW 1. Applicant/Company Name A�C�cz/,,'�- Q �q/Q � ,�RAr� c� /r'/� / 7 7`-/ y.�� 7 2. Business Name Telephone No. A�?Cr��_ �,a n 3. Business Address STREET: � ? � ��C�� Numbei Name Direction Type 4. Mail to Address STREET: g 5 2 ��C h?2� ' Number Name Direction Type -- :S 7 �,41�/ /�'I�•z.� S��D� City State Zip Code 5. Name of Applicant �/�j= f t r�j Telephone �7� � � 02 / Individual/Partner/Officer Area Code/Number 6. Applicant Address __STREET: /O,r � /-/J ��-�� TG �-.--- Number T ame Direction Type 5 .� �i9U/ /'I�� ,� 7 S",�/�J�9 Citq State Zip Code 7. Tqpe of Business: Restaurant Club /� Hotel/Motel 8. Manager in Charge ��i`/: /c��S'�" .�'/��- � `j� .�� First Name Middle Last Date of Birth 9. Manager Home Address STREET: ��Jr� /� ,p 9r�T-6 .-L,_ Number ' Name Direction Type s ✓ �i�Ul �I'i �.ti ,� �`S�o G City State Zip Code Telephone ��2 7 7 / a�7 r� / r,C,� � / � 7 � Area Code Number Orig. Date of Employment 10. Are aay of *_he following ta.Yes or charges far the licensed pre�ises uapaid ar �elinquant? Real Estate Taxes Yes No ✓� Personal Propertq Taxes Yes No x Special Assessments Yes No � City Utility Bills Yes No � 11. If there have been anq changes in interests in premises or finances, or contracts between applicant and aaq persons, corporation, partnerships, or any new loans since license was last issued, explain in detail: __ /f, U � 12. Liquor is served in the following areas (rooms) l/} �, � Q d U df'L • 13. Seating Capacity: 100 seats or less over 100 seats oner 200 seats White copy - return to License & Permit Division Pink copq - retain for your records � � � � �� ,_,.. Signature of Applicant � . � �'� /�a � �� . . - �. �a rkN K, � qr� r S� � ,i � ..-,<4;Y 4 409.07 LEGISLATNE CODE f � ;',.j �$ 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 intogicated or to any person to whom directly or indirectly,to sell or serve intox- such sale is prohibited by any law of this icating liquors as provided in subparagraph ��or ordinance. Proof of age for purchas- (1) above without having first obtained a ing or consuming alcoholic beverages may special Iicense therefor. Such special license be established only by a valid driver s li- may be issued by the council for a period of �nse 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 couucil in the same manner as application P�'chase and consume alcoholic beverages � for other licenses to sell into�icating liquor �d shall be treated for purposes of this are made. Legislative Code as a person who is twenty- one(21)years old. (c) No consumption or display when prohibited �3) No sale shall be made in any place or in No person shall consume or display or allow con- p� of a building where such sales are sumption or display of liquor upon the premises prohibited by state law or this chapter. _ of an on-sale licensee at any time when the sale of such liquor is not permitted. (4) No person under eighteen(18)years of age . (d) Private Christmas parties. Notwithstanding may be employed in a place where intoxi- any other provision of the Legislative Code, the cating liquor is sold for consumption on the license holder of premises having an 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- writtxn request for said party is submitted to the toxicating liquor and may be employed as license inspector thirty(30)days prior to the pra 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)mav 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 pra 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 liceusee shall keep, possess or operate, . Sec. 409.08. Regulations geaerally. or permit the keeping, possession or opera- tion of, on any licenaed premises or in any All licensees hereunder are hereby required to room adjoining the licensed premises any observe the following regulations;provided,how- slot machine, dice or any gambling device ever that any such regulation which specifically or apparatus, nor permit any gambling refers to an on-sale licensee shall not bind an therein(whether or not licensed by the state), off-sale licensee, nor shall any regulation which nor permit the Iicensed 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 � be used as a resort for prostitutes or public. other disorderly persons, except that pull- Supp.No.l � � �c�t.OkG4� � � � � 2i�s �S 3�lr�A • �{lD P � nAS 3�•30 —.3�j Vh5 (��75—.7�v� '• LICENSFS $409.08 - tabs and tip-boards may be sold on licensed tions until one hour after the parade, to premises when such activity is licensed by ensure that patrons do not enter or egit the state pursuant to Minnesota Statutes, with beer or intoxicating liquor. Chapter 349, and conducted pursuant to regulations contained in this Legislative (11) There shall be provided in all zoning dis- Code. This exception shall not apply to es- tricts, other than B-4 or B-5 Districts, off- tablishments licensed by the city for the street parking spaces for all on-sale prem- sale of nonintoxicating malt beverages,non- ises as provided herein: intoxicating malt beverages and wine, and a. �ansfer or new issuance to a struc- noniritoxicating malt bever�ges and wine �e newly constructed for that purpose, as menu items only. off-street parking at the rate of one Notwithstanding other provisions of this space for each forty-five(45)square feet Legislative Code to the contrary,the coun- of patron area. cil may permit an on-sale licensee to per- b. �ansfer or new issuance to_an exist- mit the holding of a single event,such as a ing structure not previously licensed banquet, that includes the sale of raf�le for on-sale purposes during the twenty- tickets as a part of the event activity; pro- four (24) months preceding the appli- vided, that such events are separate from cation, off-street parking at the rate of the public areas of the licensed establish- one space for each forty-five(45)square ment, nor open to the general public, and feet of licensed patron area minus the the raffle conducted by a charitable orga- number of off-street parking spaces nization licensed by the State of Minnesota. which would be required for the previ- ous use of the same area under the (7) No dancing wherein the public participates, existing zoning code provisions. Exist- and no dancing, singing or other vaudeville ing parking which previously served exhibitions or entertainment shall be per- the same area shall not be counted to mitted on the premises of any on-sale li- meet the requirements unless any are censee unless such premises are duly licensed in excess of what would have been re- � for entertainment. quired for the pre�vious use. No andi- . (8) The license issued to said licensee shall be tional off-street parking shall be required posted in a conspicuous place in that por- • .if the number of additional spaces re- � . tion of the premises for which the license quired is five(5)or fewe'r 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 the new issuance to an existing structure ' ' parking lot of an on-sale licensee after the 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 police any parking shortfall for the existing department that a parade will be held within licensed area. "Parking shortfall" shall one block of the licenaee's establishment, mean the difference between one space all beer and all intoxicating liquor or liq- for each forty-five (45) aquare feet of . uid of any type sold during the entire day patron floor area for the earisting licensed of said parade shall be sold only in plastic area minus the number of parking spaces or paper containers. In addition, upon re- actually provided for that area. ceiving such notice,the licensee shall place d. "Patron area" shall mean to include a person at each entrance and each exit of all areas used by the public, and ex- the establishment at least one hour prior cludes all areas used exclusively by em- to the time of parade,and the licensee shall ployees for work,storage or office space. require a person to remain at those loca- Supp.No.l 2179 _. ____...�.�.�. :__} � �'�' /�a ;��-. 6806 �� p7 LIQUOR ACf 340A.411 equest �`` :,�:(4) they are holders of temporary wine licenses issued under law. �e law �»�: '`='History: 1985 c 200 s l; 1985 c 305 art 6 s 9; 1985 c 309 s 7-9; ISp1985 c 16 art 2 nd the ° �-� s3 subd 1; ISp1986 c 3 art 1 s 38 SCl IIO $�:: . .Y,..,.. by the rt,;. 340A,410 LICENSE RESTRICTIONS; GENERAL. in the -_ �•' Subdivision 1. Counties; town consent. A county may not issue a retail license �.... ',imilar to sell any alcoholic beverage within an organized town uniess the governing body of by the "< the town has consented to the issuance of the license. `,� Subd. 2. Counties;recommendation and review of applicants. (1) No county may ;d� �'. issue or renew a retail license to sell any alcoholic beverage until the county board has within `_:received a written recommendation from the sheriff and county attorney stating that bmit a ��fo tt►e best of their knowledge that the appticant is eligible to be licensed under section judge, - 34UA•402. A copy of the statements must be given to the town board if a town's consent �d case � is re9uired issuance of the license under subdivision 3. � � (2) The county board shall consider the recommendations of the sheriff and of the � conntY attorney, the character and reputation of the applicant, and the nature and _ Iocation of the business prior to issuance of any license. nay be '"� Subd. 3. License extension;death of licensee. In the case of the death of a retail _�� -,� Gcensee to sell alcoholic beverages,the personal representative is authorized to contin- sioner ' ue operation of the business for not more than 90 days after the death of the licensee. . � ling to . Subd. 4. License posting. A retail license to sell aicoholic beverages must be `' posted in a conspicuous place in the premises for which it is used. ,: 3h the � �_ Subd. 5. Gambling prohibited. (a) No retail establishment licensed to sell les, or •.' ilcoholic beverages may keep, possess, or operate, or permit the keeping, possession, `;> or operation on the licensed premises of dice or any gambling device as defined in nation . - ' ��on 349.30, or permit gambling therein except as provided in this subdivision. . (b) Gambling equipment may be kept or operated and raFfles conducted on licensed at this ;� P�mises and adjoining rooms 'vahen the use of the gambling equipment is authorized der chapter 349. _ �• " _ .f Subd. 6. Racial discriminallon;clubs. No retai(license to sell alcoholic beverages ;3 may be issued or renewed by a municipality or county to a club which discriminates • �f risk -:'_;against members or applicants for membership or guests of inembers on the basis of arding x .�,.:.�ace. ' Subd. 7. License limited to space specified. A retail license to sell any alcoholic --�' ° =`�beverage is only effective for the compact and contiguous space specified in the of the `.,�pproved license application. nform '"'"Subd. 8. Copy of summons. Eve a lication for the issuance or renewal of i must .-�� , t'Y PP � mtoxicating or nonintoxicating liquor licenses must include a copy of each summons o�d --`raxived by the applicant under section 340A.802 during the preceding year. f iheir �{�;,.:His.tory: 1985 c 305 art 6 s 10,• ISp1986 c 3 art 1 s 39 �. �.�:,�:. . '�S P�d 340A.411 LICENSE RESTRICTIONS; NONINTOXICATING MALT LIQUOR < ";IdCENSFS. ':r.c Subdivision 1. On-sale licenses. On-sale nonintoxicating liquor licenses may only infor- .= be.issued to drugstores, restaurants, hotels, ciubs,and establishments used exclusively " 6orthe sale of nonintoxicating malt liquor with the incidental sate of tobacco and soft �s who <d,rinks. i "` .Subd. 2. License duration. All retail nonintoxicating malt liquor licenses must ' s than � be issued for.one year,except that for the purpose of coordinating the time of expiration � �<::oflicenses in general,licenses may be issued for a shorter time,in which case a pro rata s than �° ��fee must be charge�„ , .._:*s.,. u History: 1985 c 305 art 6 s I1 r wine �:,;,:, . �� '� . ,_ . ^�'" ., � � � � � � •""'�� 319.22 BINGp,GAMBLING DEVIC u ES,AND VIDEO GAMES OF CIi,UVC� ,� � _:�:. , 349.22 PENALT'y. �� ; - Subdivision l. Gross misdemeanor. qn ' '` ;' �:�, - , `j _ 349.214 is a gross misdemeanor. y ��er violation of sections 349,i1�t� � �• Subd. 2. : Other acdon. This sect;on does not preclude civil or criminal^ under other applicable law or preclude an a en a�ona �'' or:prosecuting violations of the provisio s of sect ons�349.1 leto 349, lnvestig�� ` �.; attorneys have prima res 214.. Cp� g� ' '_; n' ponsibility for prosecuting violations of sections 34g,i 1 0 ., _��; 349.214, but the attorney genera] ma 1 Y Prosecute any violation of those sections:. .r �_ History: 1976 c 261 s 12,• 1984 c S02 an 12 s 20 � � : 349.23 VALIDITy OF PRIOR AGREEMENTS; - . F�A '} 3 ;M1 , - Nothin g in se c t i o n s 3 4 9,l 1 to 3 4 9.2 2 shall be construed to affect the validi ' ' y � agreement or contract between an o � entered into prior to August l, 1976.an�zation and any financial or lending institutioq� T�� y . . ��' History: 1976 c 261 s 13 ' . � : ,"� . � �. .� � i - � 349.26 •.� � ;, ,::. ,. [Repealed, 1984 c 502 art 12 s 25] � ;: .. , _,c, - t:.. F, �,�f' +�.. ,� _ 349.30 DEFINTTIONS. ti .�.;,._, Subdivision 1. For the u � '� �_ meaning is indicated by the con ext, he ords, terms�, and4phrases d SS$�RenAt °:5: section shall have the meanin _ 8S S��en them. . efined in thls Subd. 2. "Gambling devices^means slot machines,roulette wheels,punch ` � and pin ball machines which retum coins or slugs,chips,or tokens of a are redeemable in merchandise or cash. �� ny kind,which � - Subd. 3. "Person"means an individual,a copartnership,an ass�iation,a co � . ration, or any other entity or organization. ;; . Subd. 4. "Municipality" means an � � � Subd. S. Y county, city, or town. ' "License"includes permits of every kind,nature and description issued r � pursuant to any statute or ordinance for the ca .� � vocation, commercial enterprise or undertaking.� ��ng on of any business, trade, Subd. b. "Licensee" means any person to whom a license of any kind is issu � -.,�,,.__ � but does not include a common carrier transporting, or a ubli �' �- , storing,any gambling device for hire,or a manufacturer or distributor of such devices keeping the same only for the purpose of sale or distribution to others or re airin �� same. �- � � • P g of �'"R� . Subd. 7. "Licensed business" means any business, trade, vocation, commercial � enterprise, or undertaking for which a license is issued �: # � ti � - Subd. 8. "Licensed premises" means the place or building, or the room m a .� �,�- building, designated in the license as th e p l a c e w h e r e t h e l i cense�i business is to be c a r r i e d o n, an d a l l land adjacent thereto and used in connectioh with and in t6e � .` operation of a licensed business, and all adjacent or contiguous rooms or buildings �. operated or used in connection with the buildings where the licensed business is cariied on. If no p)ace is described in any license,then"licensed premises"means the buildin ' `¢-' or place where the licensed business is carried on under such license. ,g, x Subd. 9. "Issuing authority"and"authority issuing the license"mean and'include' � ` the ofTicer, board, bureau, department, commission, or agency of the state, or of an" of its municipalities, by whom any license is issued and include the councils and: governing bodies of all municipalities. � History: 1947 c 586 s 1; 1973 c 12.�art S s 7,• l981 c 204 s 9,• 1986 c,444 �'�� - - °' �ii GAMBLING DEVICE; POSSESSION OF. .? �k. � Subdivision 1. Intentiona)possession;willful kee in , y � or wilifu! keeping ofa gambling device on a licensed premises is cause for the revsoq- . ' I A , 6887 BINGO,GAMBLING DEVICFS,AND VIDEO GAMES OF CHANCE 349.35 ; tion of any license under which the licensed business is carried on upon the premises where the gambling device is found, provided that possession of gambling equipment - � � � as defined in section 349.12, subdivision 17, which is used for lawful gambling autha '� rized by this chapter,and the manufacture of gambling devices for use in jurisdictions where use of the gambling device is legal as provided for by section 349.40 shall not � be cause for revocation of a license. Subd. 2. Revocation of licenses. All licenses under which any licensed business is permitted 10 be carried on upon the licensed premises shal] be revoked if the intentional possession or willful keeping of any such gambling devices upon the licensed premises is established, notwithstanding that it may not be made to appear that such devices have actually been used or operated for the purpose of gambling. History: 1947 c 586 s 2; 1978 c S07 s 1; 1981 c J26 s 1; 1981 c 204 s 10;1984 c 502 an12s21; 1986c467s28 34932 ISSUING AUTHORITY TO REVOKE. . The proceedings for revocation shall be had before the issuing authority, which shall have power to revoke the license or licenses involved, as hereinafter provided. History: 1947 c 586 s 3 349.33 PEACE OFFICERS TO OBSERVE AND INSPECT PREMISES. �� ' Every sherifF, de put y sheriff', c o n s t a b le, mars ha l, po lice o ff icer, and peace officer " �j� � 1 ,�; ' shall observe and inspect the premises where occupations are carried on under license an d ascertain w hether gambling devices are present thereon and immediately report the `' �� f '� �` finding thereof to the authority or authorities issuing the license or licenses applicabie �" ��' �}' � to the premises in question. � � �! �#� I �, E�� H i s t ory: 1 9 4 7 c 5 8 6 s 4; 1 9 86 c 444 � � ! � �' ,' 349.34 PROCEEDINGS BEFORE ISSUING AUTHORITY; ORDER TO SHOW �' I` � '�:� � CAUSE. ��#� � Upon the receipt of such information from any of the peace of�'icers referred to in ' �� ? �; ��; � section 349.33, if any issuing authority is of the opinion that cause exists for the `�` � �'� ; revocation of any such license, then that authority shall issue an order to show cause � �� ? . directed to the licensee of the premises, stating the ground upon which the proceeding '' i� - •. is based and requiring the licensee to appear and show cause at a time and place,within ` � �$ . � the county in which the licensed premises are located, not less than ten days after the �,4 I �, ' ; date of the order,why the license should not be revoked. That order to show cause shall ;�� G, _ � be served upon the licensee in the manner prescribed by law for the service of summons. '��' in a ci'vil action,or , g �� by certified mail not less than ei ht days before the date fixed for � i� '° � the hearing thereof. A copy of the order shall forthwith be mailed to the owner of the � I' +�! ! - premises, as shown by the records in the office of the county recorder, at the owner's y `;, �; " ' last lrnown post office address. A copy of the order shall at the same time be mailed �' ' to any other issuing authority, of which the authority issuing the order to show cause � � ,� � has knowledge, by which other license to that licensee may have been issued,and any �;1 i; �` : such other authority may participate in the revocation proceedings after notifying the !'I' ' '� � ` Gcensee and the ofFicer or authority holding the hearing of its intention so to do on or �i � : � ' before the date of hearing,and after the hearing take such action as it could have taken '� � ' ha d it instituted the revocation proceedings in the first instance. History: 194?c S86 s S; 1976 c 181 s 2; 1978 c 674 s 60,• 1986 c 444 �i � �'} � ry' �I ' � �. � �9�5 REVOCATIOl�' OF LICENSE. �" �� Subdivision 1. Revocation;stay;appeal. If,upon the hearing of the order to show ' �'� � cause, it appears that the licensee intentionally possessed or willfully kept upon the � ; ; ��censed premises any gambling device, then the license or licenses under which the ;,i � ucensed business is operated on the licensed premises, shal�be revoked. The order of revocation shall not be enforced during the period allowed by section 349.39 for taking ,; a°aPPeaL , i: �f I� _ � � � I` � _ . , - .. - � ` ,- ,. . . , . . . - �, �I �� _ � 1 ` I ? 1 ii �' 349.35 BINGO,GAMBLING DEVICFS,AND V1DE0 GAMES OF CHANCE 6ggg �;I; i' �'' ', Subd. 2. Limitation as to issuance of new license on premises. No new license ' '; or licenses for the same business upon the same premises shall be issued for the period ` i;', ; of one year thereafter, except as hereinafter provided. �'' History: 1947 c 586 s 6; 1986 c 444 ' ; �,, ' , 349.36 DUTIES OF COUNTY ATTORNEY. � : -� The county attorney of the county in which the hearing is held shall attend the hearing, interrogate the witnesses, and advise the issuing authority. The county attorney shall also appear for the issuing authority on any appeal taken pursuant to the ;� provisions of section 349.39. History: 1947 c 586 s 7,• 1986 c 444 349.37 WITNESSES. The issuing authority may issue subpoenas and compel the attendance of witnesses at any hearing. Witnesses duly subpc>eaaed and attending any such hearing shall be paid fees and mileage by the issuing authority equal to the fees and mileage 'paid� witnesses in ihe district court. ';; , History: 1947 c 586 s�4 � t �I�i 349.38 PROPERTY OWNERS LIABILITY. ��i bJ When a license is revoked under the provisions of sections 349.30 to 349.39,the ;��i:j owner of the premises upon which any licensed business has been operated shall not ',��; be penalized by reason thereof unless it is established that the owner had knowledge ��`.� of the existence of the gambling devices resulting in license revc�cation. �� ' ' History: 1947 c 586 s 9,• 1986 c 444 i��' �� ' 34939 APPEAL TO DISTRICT COURT;STAY;CONTINUANCE UNDER BOND; ��' HEARING UPON ONE YEAR LIMITATION ON PREMISES. IE !� Any licensee,or any owner of licensed premises,aggrieved by an order of an issuing j � authority revoking any license may appeal from that order to the district court of the j ': county in which the licensee resides by serving a notice of the appeal upon the issuing authority or the clerk thereof. T'he notice of appeal shall state that the person appealing I� �� takes an appeal to that district court from the order revoking the license or licenses, �1; describing them and identifying the order appealed from. This notice shall be served � within 15 days from the date of service of the order appealed from,and the same,with b '� proof of service thereof,shall be filed with the court administrator of the district court � , i ; f of the proper county. The appeal shalt stand for trial at the next term of the district 1 ? � court following the filing of the notice of appeal, without the service of any notice of j :,I trial, and shall be tried in the district court de novo. The trial shall be by jury if the � , appellant shall so demand. The licensee may continue to operate the licensed business � �� or businesses until the final disposition of such appeal. If the district court upon the it� appeal shall determine that any license involved in the appeal shoutd be revoked, it ' � �i may, nevertheless, in its discretion permit the continuance of the licensed business :; , under a bond in the amount and in the form and containing the conditions prescribsd ' by the court. The district court on the appeal,or in a separate proceeding,may permit � ; �; the issuance of a new license to a different licensee before the expiration of the period � "� i of one year specified in section 349.35,subdivision 2,upon such terms and conditions : ' ! imposed by the court as will insure that no gambling device shall thereafter be main- ' �'� ` tained upon the licensed premises. � ''� � History: 1947 c 586 s 10; 1986 c 444; 1Sp1986 c 3 art 1 s 82 ; ° i � ' 349.40 GAMBLING DEVICES;MANUFACTURE FOR USE IN OTHER STATES• - The manufacture in this state of gambling devices,or any component parts thereof, j � for shipment, sale, and use in jurisdictions where use of the gambling device is legal � t � j � � 4 � i ', - '. � . .. ' i 9539 CRIMINAL CODE OF 1%3 609.75 609.745 PERMITTING PUBLIC NUISANCE. � - - - Whcever having control of real property permits it to be used to maintain a p�blic nuisance or lets the same knowing it will be so used is guilty of a misdemeanor. � -' History: 1963 c 7S3 art 1 s 609.745; 1971 c 23 s 7S; 1986 c 444 ` �� ` 609.745 Ilr"I'ERFERENCE WTI'H PRNACY. . , .._. Any person who enters upon another's property and suneptitiously�gazes,�stares, or peeps in the window of a house or place of dwelling of another with intent�to intrude upon or interfere with the privacy of a member of the household thereof is guilty of a misdemeanor. _ . . _ ._ ._ . . .. ,. . History: 1979 c 258 s 19 . . :.. ' ;, :..,...- _s, . _ _ , . .. . . .r.: r:;_iI . , GANiBLING, - _ , ?a:u ...... 609.75 GAMBLING;DEFINTTIONS. -. � ' ' ;. _ . . .: Subdivision 1. Lottery. (a)A lottery is a plan which provides for the distribution of money, property or other reward or benefit to persons s�lected by chance from �among participants some or all of whom have given a consideration for the chance of being selected. . . (b) An in-package chance promotion is not a lottery if all of the foilowing are.met: (1) participation is availabie,free and without purchase of the package, from the retailer or by mail or toll-free telephone r�quest to the sponsor for entry or for a game ; piece; r (2) the label of the promotional package and any related advertising clearly states � any method of participation and the scheduled termination date of the promotion; � (3) the sponsor on request provides a retailer with a supply of entry forms or game j -- pieces adequate to permit free participation in the promotion by the retailer's custom- ers; (4) the sponsor dces not misrepresent a paRicipa►,t's chances of winning any prize; ' „� �'. � ��i (5) the sponsor randomly distributes all game pieces and maintains records of � �random distribution for at least one year after the termination date of the promotion; . ;i � . (6) all prizes are randomly awarded if game pieces are not used in the promotion; ` �' and �� , '�' i; ; �(7) the sponsor provides on request of a state agency a record of the names and �j addresses of all winners of prizes valued at$100 or more,if the request is made within � ' i one year aftcr the termination date of the promotion. ;' (c) Except as provided by section 349.40, acts in this state in fuRherance of a �� " ', � ' lottery conducted outside of this state are included notwithstanding its validity where i; ; ' conducted. ;� ' i� Subd. 2. Bet. A bet is a bargain whereby the parties mutually agree to a gain or ': ! � loss by one to the other of specified money,property or benefit dependent upon chance although the chance is accompanied by some element of skill. � Subd. 3. What are not bets. The following are not bets: ` -I (1) A cc�ntract to insure, indemnify, guarantee or otherwise compensate another � i � far a harm or loss sustained, even though the loss depends upon chance. , � (2) A contract for the purchase or sale at a future date of securities or other � � - ;i commodities. . (3) Offers of purses,prizes or premiums to the actual contestants in any bona fide � � �� contest for the determination of skill, speed, strength, endurance, or quality or to the � �� bona fide ow•ners of animals or other property entered in such a contest. � �� f i (4) 'I'he game of bingo when conducted in compliance with sections 349.11 to +�� ' 349.23. � � � (5) A private social bet not part of or incidental to organized,commercialized,or � � �; ' systematic gambling. � � `- ' I. ,� ,�. �� _. - - _ . _ ,. �I � i 1 � � ,� f� '' I I; 609.75 CRIMINAL CODE OF I%3 �� '� 1� 9540 � � (6) The operation of equipmeni or the conduct of a raftle under sections 349.1 ,�, , to 349.22, by an organization licensed by the charitable gambling control board , '� �' organization exempt from licensing under section 349. ' 2 j 4 or an (7) Pari-mutuel betting on horse racing when the betting is conducte chapter 240. Subd. 4. d under Gambling device. A gambling device is a contrivance which for consideration affords the player an opportunity to obtain something of value than free piays, automatically from the machine or otherwise, the award of w ' a determined principatly by chance. , other Subd. 5. . h�cti is Cambling piace. A gambling place is a location or structure,statio or movable, or any part thereof, wherein, as one of its uses, betting is permitied or promoted, a lottery is conducted or assisted or a nary Subd. 6.. Bucket sho . 8ambling device is operated, in makin p �► bucket shop is a piace wherein the operator�is en 8 bets in the form of purchases or sales on public exchanges of sec��ged commodities or other personal dependent on the chance ofthose prev iling at thetpubli�c exchanges without a bo t'�' ry to be settled at pr�ces purchase or sale being in fact made on a board of trade or exchange. ` � Subd. 7, na fide . ' j, � S1►orts bookmakin receiving, recording or forwarding within any 30-da + 8• ports bookmaking is the activity of intentionally � !I offers to bet, that total more than $2,500 on any one opm°d more than five f;! ore spoRing events.bets, or ' History: I963 c 7Sj art 1 s 609.7S,• 1971 c 947 s 1; 1976 c 2 s 1 Sl,• I g76 c 239 s 126• ! 197b c 261 s l4,• 1978 c S07 s 4,5; 1981 c 126 s 3: 1983 c 214 s 34-j6: 19 s 17 subd 3; 1984 c S02 art l2 s 22,• 1985 c 126 s 2,• 1986 c 467 s 29 8.�c216art2 60�•�55 ACT'S OF OR RELAT'ING TO G Whoever does any of the following is guiA1 y of a misdemeanor ; �1) Makes a bet; or . ' (2) Setls or transfers a chance to participate in a loitery; or (3) Disseminates information about a lottery with intent to en tion therein; or courage participa- (4) Permits a structure or location owned or occupied by the act actor's control to be used as a gambling piace. or or under the History: l963 c 7S3 art !s 609.755,• 1971 c 23 s 76,• 1986 c 444 609.76 Q`I'HER ACTS RE � LATING TO GAMBLIIYG. Subdivision I: Gross misdemeanors. ' sentenced to imprisonment for not more than one year or to payment of a fine of not � oever does any of the fotlowing may be more than $3,p00, or both: � (1) Maintains or o � � � � ] perates a gambling place or operates a bucket shop; � , (2) Intentionally participates in the income of a (3) Conducts a lottery,or, with intent to conduct aa ob`eng p�ace or bucket shop; doing so; ry,possesses facilities for � (4) Sets up for use for the purpose og gamblin � gambling device or bucket shop; 8, or collects the proceeds of, any � �5) With intent that it shail be so used, manufactures, sells or offers for sale in whole or any part thereof, an 349.30, subdivision 2, and any fac�il y fogconduct ng,alot e those defined in section section 349.40; or ry, except as provided by �6) Receives, records, or forwards bets or offers to bet or record, or forward bets or offers to bet, possesses facilities to do so. , with intent to receive, Subd. 2. Felony gamblin g g a felony. g• Whcever engages in sports bookmakin is uilty of History: 1963 c.7S3 art 1 s 609 76;1981 c.126 s 4,• 1983 c 214 s 37• jsll , 1984 c 628 art • �� '/°�o?�f � �„_�:'' 95� ~ 9541 CRlMINAL CODE OF l%3 609J62 ,>�.� � 449.11 609.761 OPERATIONS PERMITTED. .or an Notwithstanding sections 609.755 and 609.76,an organization may conduct law- ful gambling as defined in section 349.12,if authorized under chapter 349,and a person under �"��` may manufacture,se(l,or offer for sale a gambling device to an organization authorized • � under chapter 349 to conduct lawfui gamb(ing,and pari-mutuel betting on horse racing � for a k�. may be conducted under chapter 240. I other '' = Historys 1978 c 507 s 6; 1983 c 214 s 38; 1984 c 502 art 12 s 23; 1986 c 467 s 30 �ich is "�"-'�'-= - _ 609.762 FORFEITURE OF GAMBLING DEVICES, PRIZES AND PROCEEDS. ionary �` Subdivision 1. Forfeiture. The following are subject to forfeiture: ,ted or - (a) Devices used or intended for use, including those defined in section 349.30, subdivision 2,as a gambling device,except as authorized in sections 349.11 to 349.23 igaged � and 349.40; irities, (b) All moneys,materials,and other property used or intended for use as payment prices to participate in gambling or a prize or receipt for gambling; na fide - (c) Books,records,and research products and materials,inciuding formulas,microfilrn, • � ionally � tapes, and data used or intended for use in gambling; and �ets, or �' (d) Property used or intended to be used to illegally influence the outcome of a �'- ' horse race. • - Subd. 2. Seizure. Rroperty subject to forfeiture under subdivision 1 may be � �s 126; ��. seized b y an y law enfor cem eri t a g e n c y u p o n p r o c e s s i s s u e d b y a n y c o u rt h a v i n g 6 a r t 2 jurisdiction over the property. Seizure without process may be made if: __ (a) the seizure is incident to an arrest or a search under a search warrant; . '`" (b) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding; or (c) the law enforcement agency has probable cause to believe that tt�e property was used or is intended to be used in a gambling violation and the delay occasioned by the .'�' necessity to obtain process would result in the removal, loss, or destruction of the ticipa- :r_:� propeRy. ier the - Subd. 3. Not subject to replevin. Property taken or detained under subdivision . ,;;". 2 is not subject to a replevin action, but is considered to be in the custody of the law enforcement agency subject only to the orders and decrees of the court having jurisdic- � tion over the forfeiture proceedings. Subd. 4. Procedures. Property must be forfeited after a conviction for a gambling violation according to the following procedure: nay be �'� (a) a se arate com laint must be 61ed a of not p P gainst the property describing it,charging its use in the specified violation, and specifying the time and ptace of its unlawful use; (b) if the person charged with a gambling offense is acquitted, the court shall " dismiss the complaint and order the,property returned to the persons legally entitled shop; to it; and ties for x �;�T:, (c) if after conviction the court finds the property, or any part of it, was used in ' violation as specified in the complaint, it shall order that the property be sold or of, any ` retained by the law enforcement agency for officia! use. Proceeds from the sale of �" forfeited property may be retained for official use and shared equally between the law� sa1e, in ` enforcement agency investigating the offense involved in the forfeiture and the pra section secuting agency that prosecuted the offense involved in the forfeiture and handled the .ded by � forfeiture proceedings. � �;:. ` Subd. 5. ExcepHon. Property may not be seized or forfeited under this section �eceive, � if the owner shows to the satisfaction of the court that the owner had no notice or knowledge or reason to believe that the property was used or intended to be used in uilty of violation of this section. - � - History: 1983 c 214 s 39,• 1986 c 444 628 art �:•�:. _ _ � 'R:�.�: � . ' . � ,. . _ � . .. . � ' . . .y:. ` l// . ' � �!. I �� ,��'�J— /o� �T ,, . ��.�� ....... _LTCENSES §310.01 SUBTITLE A. IN GENERAL Legislative Code Chapter 310. Uniform License Procedures Class 1 Eicenses C�iapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter,a.ny�chapter of Distributing 316 the Legislative Code pertaining to licenses as here- Amusement R,ides 31? inafter mentioned, and subsequently enacted ordi- Mechanical Amusement Devices 318 nances establishing or relating to the requirements Bill Posters 319 for Class I, Class II and Class iII licenses under Bituminous Contrac�ors 320 authority of the City of Saint Paul, the terms goarding and Roominghouses; defined in this section shall have the meanings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Christmas Tree Sales 323 Aduerse action means the re�6ocation or suspen- Cigarettes 324 � sion of a license, the imposition of conditions upon Close-Out Sales 325 a license,the denial of an application for the grant, Building Contractors 326 issuance, renewal or transfer of a license, and Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action taken plants; Laundries 327 with respect to a license, licensee or applicant for Electrical and Applaance Repair 328 a license. Fire Alarm—Telephone Devices; Bond means a bond meeting the requirements Apparatus Installers 329 of Section 310.07 and indem�ifying the City of Florists 330 Saint Paul against all claims,judgments or suits Food License 331� caused by, resulting from or in connection with Fuel Dealers—Liquid Fuel 332 any licensed business, activity, premises, thing, Fuel Dealers—Solid Fuel 333 _ facility, occurrence or otherwise under these Fumigating—Pest Control ' 334 chapters. Gasoline Filling Stations 335 Private Fuel Pumps 336 Building official 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 Legisiative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter :nentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 • far Class I, Class II and Class III licenses under Peddlers 345 au�hority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licenses means those licenses which can R.adio and Television Repairs 348 be approved and issued or denied by the inspec- Rental of Clothing 349 tor, su�ject to the procedures required by these Rental of Hospital Equipment 350 chapters. The following licenses are so classified; R.ental of Kitchenware 351 and the numbers shown opposite them correspond Rental of'l�ailers 352 to the chapters in the Legislative Code pertaining Roller Rinks 353 to each license: Sanitary Disposal 354 • 2027 l�l�( . ?Jl� � �5 I � � ��—,��.� s� 4 310.01 LEGLSLA�VE CODE � i• -�_.: • Secondhand Dealers 355 Dance Halls 405 Sidewalk Contractors 356 Game Rooms 406 Solid Waste 357 Hotel 407 Sign and Billboard Construction 358 Junk Salvage and Scrap 408 Sound Trucks and Broadcasting Intoxicating Liquor 449 Vehicles 359 Nonintogicating Liquor 414 Public Swimming Pools 360 Entertainment 411 Tow�ucks—Service Vehicles 361� Massage Parlors and Saunas 412 Tree T�imming 362 Conversion Parlors 413 Vending Machines 363 Masaeur-Masseuse 414 Veterinary Hospital 364 Motion Ficture Theatres 415 Window Cleaning 365 . Motion Picture Drive-In Theatres 416 Block Parties 366 Parking Lots 417 Tattoo Parlors 367 � Taxicabs 418 � Wrecking of Buildings 368 Gambling License 419 Building T�ades Business Licenses 369 , Building Trades Certi�cates of Director means the director of the department Competency 3?0 of finance and management services, unless oth- Finishing Shop 371 erwise defined in the spec�c chapter, section or Tire Recapping Plants 872 subdivision referred to. � T�-ansient Merchants 373 Division means the division of license and per- Class II licenses means those licenses which mit administratian in the department of finance must be approved or denied by the director, sub- and management services. / � ject to the procedures required b�these chapters. l The following licenses are so_classified, and the Fee means and includes both the license fee - - � - - numbers shown opposite them correspond to the and application fee unless otherwise provided. chapters in the Legisiative Code pertaining to each license: License means and includes all license�, and _ . permits provided for or covered by these chapters. Legislative Code Person me'ans .and includes any person, firm, � Class II Licenses Chapter corporation, partnership, company, organization, Auctioneers—Short Term License 390 agency, club or any group or association thereof. Soliciting Funds—Tag Days 391 It shall also include any executor, administrator, � • trustee, receiver or other representative appointed Class III licenses means those liceases which by law. can be approved or denied only by the council, subject to the procedures required by these chap- Zonr.ng administrator means the supervisor of . . ters. The following licenses are so class�ed, and code enforcement in the department of commu- the numbers shown opposite them correspond to nity services, or the official charged with respon- the chapters in the Legislative Code pertaining to sibility for enforcement of the zoning code. . " each license: (Code 1956, §510.OI;Ord.No. 17303, §3, 10-29-85) Legisla.tive Code �c. 310.02. Application. Class III Licenses Chapter (a) Form, AlI applicants for licenses or permits Auctiuneers 400 issued pursuant to these chapters shall make both Motor Vehicle and Parts Dealer 401 original and renewal applications to the inspector Bingo 402 on such forms as are provided by the division. Bingo Halls 403 Such applications shall not be received by the / � Private Clubs 404 inspector until completely filled out, accompanied '�` �2028 � � ��- ,�'�� 5� ,- � � LICENSES $310.02 `� —__ by all fees, insurance policies, bonds, deposits, in the business; age; address; description or blue- sureties, and indemnifications or certificates re- print of the premises,if any,and the owner thereof, quired by these chapters, together with the certi- and locations and addresses of other business lo- fication required in paragraph(b)below. cations in Minnesota. (b) Taxes. No person shall be granted a license, (d) No reapplication within one year after de- a renewal of a license or transfer of a license nial or revocation. No person may apply for any required by the Saint Paul Legislative Code un- license within one year of the denial or revcea- less, prior to and in addition to any other require- tion of the same or similar license by the city ments,rules or ordinances heretofore or hereafter council, if such denial or revocation was based required,the Ramsey County Department of Prop- solely or partially upon misconduct or unfitness erty Taxation certifies that said applicant has of the applicant, evidence of violations of law in- paid any and all taxes, real or personal, before volving licensed premises, evidence that the ap- said taxes become delinquent, on any property, plicant had been involved in the operation of a . real or personal, situated within the City of Saint nuisance, or fraud or deception in the license ap- Paul and used in connection with the business plication. Denial of a license, as used in this para- operated under said license. � graph, shall include a refusal of permission to transfer a license to the applicant. A license is Notwithstanding the previous paragraph, the "similar," within the meaning of this paragraph, council, the director or the inspector may issue, if the basis upon which the revocation or denial of _ renew or transfer a license if it is found that: the original license was made would have been a relevant basis on which to deny or revoke a li- (1) The applicant has made an agreement sat- cense of the type subsequently applied for. � isfactory to the Ramse,y County attorney to ' pay delinquent taxes in periodic installments; (e) Reappli.cation a.fter denial; "interest" of ap- � plicant in revoked license. An application by a (2) The applicant has properly commenced a person having an interest in,or whose sharehold-_ _ proceeding to contest the amount of ta.x ers or off`icers have an interest in, any premises due or the valuation of his property, and or enterprise whose license has been revoked or has made all partial payments required by ��,hich a license has been denied shall be treated — law in connection with such proceeding; or as an application by the person whose license was . (3) The business property with respect to which denied or revoked. The term "interest," as used taxes are delinquent is not owned by the � this paragraph, includes any pecuniary inter- applicant, but by a lessor, and it would be est in the ownership, operation, management or inequitable to require the lessee to pay such Profits of an establishment, but dces not include: taxes. bona fide loans;bona fide rental agreements;bona fide open accounts or other obligations held with If a license is issued, renewed or transferred be- or without security arising out of the ordinary cause of the existence of an agreement as described and regular course of business of selling or leas- in subsection (1) above, the license may be re- ing merchandise, fixtures or supplies to such es- voked if the licensee defaults upon such agreement. tablishment; an interest in a corporation owning or operating a hotel but having at least one hun- (c) Additional informa.tion. The inspector shall �ed fifty (150) or more rental units holding a prescribe the information required to be submit- license in conjunction therewith; or ten (10) per- ted by each applicant in his application, in addi- cent or less interest in any other corporation hold- tion to that required by specific sections in these ing a license. chapters, as may be necessary to carry out and enforce any provision hereunder. He shall require (fl Prohibition on reapplication; exception. The in every case the applicant to submit his name; prohibition on reapplication herein provided shall " business or corporate name; names of partners, not apply in cases where it is otherwise expressly � officers,directors,shareholders or trustees involved provided by statute or ordinance. ` _ 2029 §310.02 . LEGLSLATNE CODE � ;� �_� (g) Waiting period after filing of petition, Any department of fire and safety services and to the petition required to be filed with the application building of�cial for investigation and recom- for any license shall not be considered as offic- mendation. ially filed and irrevocable until seven(7)working (Code 1956, § 510.03; Ord. No. 17361, § 1,6-5-86) days after a petition is received in the inspector's office. During the seven-day waiting period, any Sec. 310.04. Levels of approval;recommeada- signator of any petition may withdraw his name tions. � therefrom by written request, and such request shall be appended to the subject petition and made �a) Class I licenses. Where an application for a part thereof. After the seven-day waiting peri- the grant,issuance,renewal or transfer of a Class od, signatures may not be withdrawn unless it is I license meets all the requirements of law, and shown they were obtained by fraud or duress. there exists no ground for denial, revocation or Signatures withdrawn or obtained by fraud or S��ion of,or the imposition of conditions upon, duress shall not be counted in determining the such license,the inspector shall grant,issue,renew ' sufficiency of the petition. This subdivision shall or transfer said license in accordance with the apply in any case where the applicant for a li- application. cense or license transfer must pre�ent a state- (b) Class II licenses. Where an application for ment in writing signed by a speci�ed number or the grant,issuance,renewal or transfer of a Class percentage of persons that they have given their II license meets all the requirements of law, and consent to the grant of the license or license transfer. there exists no ground for denial, revocation or (Code 1956, § 510.021 suspension of,or the imposition of conditions upon, such license,the director shall require the inspec- . Sec. 310.03. Investigation and review of new tor to grant, issue, renew or transfer said license applications,etc. in accordance with the application. � � � The inspector shall determine the sufficiency (c) Class I and Clarss II licenses, if denied by - - and accuracy of each new application and obtain inspector or director. In the event the inspector, . such criminal history information as may be used in the case of Class I licenses, or the director, in under Minnesota Statutes, Chapter 364, and is the case of Class II licenses, determines that the - otherwise available by law. The inspector shall application for grant, issuance, renewal or trans- make reasonable an3 appropriate investigation fer of the license does not meet all the require- of the premises or personal property, vehicles or ments o.�'law or that there exist grounds for deni- facilities, as may be involved in or related to the al, revocation, suspension or other adverse action licensed activity, and shall request, where appra against the license or the licensee, the inspector . priate, the assistance of other city divisions or or director shall recommend denial of the applica- departments in maki�zg additional investigations tion and follow the procedures for notice and hear- for the purpose of determining whether the appli- ing as set forth in Section 310.05. cant is or will be in compliance with all applica- . ble ordinances and statutes. The approval of such �d) Class III licenses. Upon receipt of a fully � other divisions or departments is not required for completed application and required fees for a Class issuance of a license unless otherwise required by ni license, and after the investigation required, specific sections in these chapters. All new appli- the inspector shall notify the council. A public cations shall be reviewed by the zoning adminis- hearing shall be held by the council on the grant, trator or his designee for compliance k•ith all re- issuance or transfer of all Class III licenses. The quirements of the Saint Paul Zoning Code, and council may hold a hearing on the renewal of any no new license shall be granted without full com- Class III license. In any case where the inspector pliance with said requirements. All new applica- recommends denial of the grant, issuance,renewal tions involving a premises, location, building or or transfer of a Class III license, or where the structure shall be referred to the director of the council believes that evidence might be received at the public hearing which might result in ac- �� tion adverse to the application, the inspector or � 2030 LICENSES �310.05 � —-- " \ council shall follow the procedures for notice and (b) Notice In each such case where adverse ac- hearing as set forth in Section 310.05. Where the tion is or will be considered by the council, the application for the grant, issuance, renewal or council shall in writing notify the applicant or transfer of a Class III license meets all the re- licensee that adverse action may be taken against quirements of law,and where there eadsts no ground the license or application, and that he is entitled for adverse action,the council shall by resolution to a hearing before the council. The notice shall direct that the inspector issue said license in ac- be served or mailed a reasonable time before the cordance with law. hearing date, and shall state the place, date and (e) Appeal; Class 1 or Class II licenses. An ap- time of the hearing. The notice shall state the peal to the city council may be taken by any issues involved or grounds upon which the ad- person aggrieved by the grant, issuance, renewal verse action may be sought or based. The council may request that such written notice be prepared or transfer of a Class I or Class II Iicense; provid- �d served or mailed by the inspector or by the ed,however,that the appeal shall have been filed city attorney. with the city clerk within thirty (30) days after � the action by the license inspector or director. (c) Hearing. The hearing shall be held by the The only grounds for appeal shall be that there council, which shall afford the applicant or the , has been an error of law in t�ie grant, issuance, licensee an opportunity to present evidenc@ and renewal or transfer of the license. The appeal argument as well as meet adverse testimony or shall.be in writing and shall set forth in particu- evidence by reasonable cross-examination and re- laz the alleged errors of law. The council shall buttal evidence.The council may in its discretion conduct a hearing on the appeal within thirty(30) permit other interested persons the opportunity days of the date of filing and shall notify the to present testimony or evidence or otherwise par- licensee and the appellant at least ten (10) days ticipate in sur,h hearing. prior to the hearing date.The procedures set forth in Section 310.05, insofar as is practicable, shall �d) Licensee or applicant may be represented apply to this hearing. Following the hearing,the The licensee or applicant may represent himself _ council may affirm or remand the matter to the or choose to be represented by another. � inspector or director, or may reverse or place con- (e) Recorc� euidence. The council shall receive ditions upon the license based on the council's and keep a record of such proceedings, including � determination that the decision was based on an testimony and exhibits, and shall receive and give . error of law.The filing of an appeal shall not stay weight to•evidence, including hearsay evidence, the issuance of the license. �which possessc:s probative value commonly accepted (Code 1956, § 510.04; Ord.No. 17455, § 1,5-21-87) by reasonable and prudent persons in the conduct of their affairs. � ' Sec. 310.05. Hearing procedures. (f� Council action; resolution to contain findings. (a) Aduerse action; notice and hearing require- Where the ceuncil takes adverse action with re- ments. In any case where the council may or in• spect to a license, licensee or applicant for a li- tends to consider any adverse action, including cense,the resolution by which such action is taken the revocation or suspension of a license, the im- shall contain its findings and determination, in- position of conditions upon a license,or the denial cluding the imposition of conditions, if any. � of an application for the grant, issuance,renewal or transfer of a license, the applicant or licensee �� Additional procedures where required Where , shall be given notice and an opportunity to be the provisions of any statute or ordinance require heard as provided herein. The•council may con- additional naiice or hearing grocedures, such pro- sider such adverse actions when recommended by �sions shall be complied with and shall super- the inspector, by the director, by the director of �e inconsistent provisions of these chapters.This any executive department established pursuant shall include, without limitation by reason of this to Chapter 9 of the Charter, by the city attomey specific reference, Minnesota 8tatutes, Chapter or on its own initiative. 364, a.nd Minnesota Statutes, Section 340A.415. Supp.No.1 2031 � .LICENSES §310.07 .�_.: - - .� � required to engage in a licensed activity, business or profession. (Code 1956, § 510.06) Sec. 310.07. Teraunation of licenses; surety bonds;insurance contracts. (a) A utom¢tic termination, reinstatement; re- sponsibilit�y of lioensee All licenses or permits which must,by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automati- cally terminate on cancellation or withdrawal of � said policies, deposits, bonds or cert�cations. No licensee may continue to operate or perform the licensed activity after such te�-mination. The li- censee is liable and responsible for the filing and mai.ntenance of such policies,deposits, guarantees, bonds or cei-tifications as are required in these chapters, and snall not be entitled to assert the acts or omissions of agents, brokers, employees, , attorneys or any other persons as a defense or � justification for failure to comply with such filing and maintenance requirements. In the event the ' _ licensee reinstates and files such policies, depos- _ . its,bonds or certifications within thirty(30)days, Supp.No.1 20R2.1 . �� i� a� §310.05 LEGLSLATIVE CODE �_� - (h) Discretion to hear notwithstanding withdrazvaZ cordance with the procedures outlined in Section or surrender of application or license. The council 310.05. may, at its discretion, conduct a hearing regard- ing revocation or denial of a license notwithstand- �� Basis for action. Such adverse action may ing that the applicant or licensee has attempted be based on one or more of the following reasons, or purported to withdraw or.surrender said license which are in addition to any other reason specifi- or application, if the attempted withdrawal or cally provided by law or in these chapters: surrender took place after the applicant or l�cen- (1) The license or permit was procured by mis- see had been notified of the hearing and potential representation of material facts, by fraud, adverse action. by deceit or by bad faith. (i) Continuances. Where a hearing for the pur- (2) The applicant or one acting in his behalf pose of considering revocation or suspension of a, made oral or written misstatements or mis- license or other disciplinary action involving a representations of material facts in or ac- license has been scheduled before the council, a companying the application. continuation of the hearing may be granted at �3) The license was issued in violation of any the request of the licensee, license applicant, an of the provisions of the Saint Paul Zoning ' interested person or an attorney rep�esenting the Code. foregoing, only as pro��ided herein: (1) Where the request is made at least twenty- �4) The license or permit was issued in viola- four(24)hours prior to the scheduled hear- tion of law, without authority, or under a ing,the president of the council or the coun- material mistake of fact. cil may continue the hearing upon a show- (5) The licensee or applicant has failed to com- ing of good cause by the party making the ply with any condition set forth in the li- j" request. � ' cense, or set forth in the resolution grant- � (2) Where the request is made less than twenty- ing or renewing the license. - - four(24)hours before,but not on the day of (6) The licensee or applicant has violated any � the schedulad hearing, the council may con- of the provisions of these chapters, or of tinue the hearing upon a showing of good any statute, oi•dinance or regulation rea- cause by the party making the request. sonably related to the licensed activity, re- (3) Where the request is made on the day said g�'dless of whether criminal charges have hearing is scheduled,the council may grant or have not been brought in connection a continuance on the condition that the therewith. . . party requesting the continuance pay to (7) The activities of the licensee in the licensed the City of Saint Paul the city's actual costs activity create or have created a serious for the court reporter and witnesses who danger to the public health, safety or wel- appeared for the hearing, or one hundred fare, or the licensee performs or has per- dollars($100.00),whichever is the lesser. formed his work or activity in an unsafe (Code 1956, § 510.Q5) manner. . (8) Failure to keep sidewalks or ped�ixian ways Sec. 310.06. Revocation; sus ension• adverse reasonably free of snow and ice as required P ' under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take adverse action. The coun- (9) T:�e licensee or applicant has shown by past cil is authorized to take adverse action against misconduct, unfair acts or dealings, or by any license or permit, licensee or applicant for a the frequent abuse of alcohol ar 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 car'ried ou't in�ac- son of the good moral character or fitness I Supp.No.1 � `'�_ 2032 � __LICENSES $310.09 � -�,-_� - the license is automatically reinstated on the same (d) Expiration date to be concurrent with term terms and conditions, and for the same period as of license or permit The expiration date of all originally issued. After thirty (30) days, the ap- such policies, honds, guarantees or certifications plicant must reapply for a renewal of his license shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: (Code 1956, § 510.07) Sec. 310.08. Terms of licenses;uniform dates. (1) Surety Companies: All surety bonds rur.- � ning to the City of Saint Paul shall be writ- (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, except as otherwise provided herein surance policies required by these chapters ar in these chapters or in cases of revocation, shall be written by insurance companies suspension or termination under Section 310.06. . authorized to do business in the State of (b) Licensees may continue to operate their busi- Minnesota. ness after the expiration date of their license; provided, that the licensee has filed with the in- , (2) Approved as to Form: A�11 bonds filed with spector on or before the expiration date the ap- the City of Saint Paul in connection with 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 required renewal application in the manner provided for to be filed with or by the City of Saint Paul in this Code. in connection with the issuance of licenses for any purpose whatsoever, shall first be (c) Whenever any licensee is the holder of the approved as to form by the city attorney. two(2) or more licenses of the City of Saint Paul .. which expire on different dates, the inspector is (3) Uniform Endorsement: �ach 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- ��d e�iration 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, new 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 �G, 310.09. Fees. • licensed business, premises, activity, thing, facility, occurrence or otherwise licensed �a) Application charge: under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination of bonds and insurance 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. • 2033 §310.09 LEGiSLA�'3YE CODE (2) Refunds: Said two dollar fifty cent ($2.50) met when the license has lapsed by reason of processing charge sha'll not, under any cir- expiration. cumstances, be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-I1-82) (b) Fee sclzedule. The council may by ordinance �c. 310.10. R.efunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de� these chapters, and a sepazate fee schedul.e for niea�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 sal�ries, wages, �� Limitation on refunc� 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 office 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 time in connection with said license, permit ( or application. The director may refund not to � sede inconsistent fee provisions in these chapters exceed two hundred fifty dollars($250.00)of such or in other ordinances or laws. fees upon a like certification by the inspector. ' (c) Fee for one year, m.ay be prorated Unless The council may by resolution authorize all re- _ otherwise spec�cally provided,the license fee stated funds upon a like certification by the inspector. is for a period of one year. Such fee may be pro- (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of less (b)may�be made to the licensee or his estate: than a year. (1) Where the place of business of the licensee (d) Late fee. Unless otherwise specifically pro- or his principal equipment is destroyed or � vided b,y 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 remaii�der of the who makes application for such renewal after the licensed period to engage in the licensed expiration date uf such license shall be charged a activity or business; late fee for each such license.The late fee shall be �2� Where the business or licensed activity ceases in addition to any other fee or payment required, by reason of the death or illness of the ' and shall be ten(10)percent of the annual license licensee or the sole employee or manager; fee for such license for each thirty-day period or or portion thereof which has elapsed after the expi- ration date of such license. The late fee shall not (3) Where it has become unlawful for the li- exceed fifty(50?percent of the annual license fee. censee to continue ir.the business�r 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 (Code 1956, as amended, § 510.10) / ,� 2034 . � ,� ,�__ �'I,FCENSES' .4 310.11 Sec. 310.11. Trsnsfers;general. tfl Transfer; definition. "'I�ansfer," as used in (a) License a priuilege, nccit property. All licen- these chapters, shall include a transfer from per- ses or permits issued by the City of Saint Paul son to person,or from place to place,or a transfer pursuant to these chapters or other ordinances or af stock in a corporate licensee, or of shares or laws confer a privilege on the licensee to engage interests in a partnership or other legal entity. in the activity or occupation so licensed, and do �'ansfer, as used in these chapters, shall not not constitute property or property rights or cre- include the instance where a license is held by an ate any such rights in any licensee. No such li- individual or partnership and the transfer is by cense or permit may be seized, levied upon, at- said individual or partnership to a corporation in tached,executed upon,assessed or in any manner which the majority of the stock is held by said taken for the purpose of satisfaction of any debt individual or by the members of said partnership. or obligation whatever. � (g) Assignment and bond to accompany appli- , (b) Licenses transferabl� conditions. All licen- cation. In the case of a transfer from person to ses issued by the City of Saint Paul shall be trans- Person, the application for transfer shall be ac- ferable unless the specific chapter of the Saint companied by a written assignment of all rights Paul Legislative Code pertain'ing to each specific of the original licensee in and to the license and license shall specifically prohibit the transfer of shall be accompanied by a surety bond in amount such license. No transfer of any Class III license and in form required of an original licensee. issued by the City of Saint Paul shall be effective (h) Public corporations. Notwithstanding o�her until the council of the City of Saint Paul has provisions of this chapter, publicly owned corpo- approved the transfer following a public hearing, rations whose stock is traded in the open market /" � and a resolution approving said transfer is passed, may comply with the transfer requirements per- approved and published. Both the transferor and taining to stock ownership and stock transfer by � __ transferee shall make application for transfer of a furnishing the inspector on request with the names license on such forms as may be prescribed by the and addresses of all stockholders of record upon - - division, and in accordance with Section 310.02. each renewal of the license. • (c) Transfer ta.z In all cases of transfer of a (i) Affidavit of transferor. No license transfer _ license from a present licensee to any other per- shall be effective unless the transferor submits son, there shall be a tax on said transfer in the an aff`idavit of such transferor, taken under oath, amount of twenty-five (25)percent of the annual stating the following: license fee charged for said license, said tax to be (1). That in the case of Class III licenses, the paid by the transferee. . transferor-affiant has posted notice to all � (d) Transfer taa� deposit retained or returned employees in a conspicuous place on the Whenever an application is made for transfer of a licensed premises notifying all employees license, the amount as set out in paragraph (c) of the time,place and date of hearing of the shall be deposited with said application. If the transfer of the license to be held befare the transfer of license is approved,the amount depos- Saint Paul City Council; ited shall be retained by the city.If the transfer is (2) That said notice specified in subparagraph ' denied,the aniount deposited shall be returned to (1)above was posted continuously for four- the party depositing the same,in accordance with teen(14)days; the requirements and conditions in Section 310.10. (3) That transferor has paid all wages due and (e) Transfer ta.� exception. Paragraphs (c) and owing the persons employed by the trans- (d)shall not apply in any case when,by the terms feror or that an agreement has been reached of these chapters, payment of the full annual li-_ between transferor and all employees as to censee fee or a prorated yearly annual license fee the payment of wages due and owing; is provided for on the part of the transferee before (4) That transferor has made payment to all I any transfer of license is made effective by the employees in lieu of vacation time earned action of approving the transfer. by said employees or in lieu thereof an ' - 2035 §310.11 LEGISLAT�VE CODE � agreement has been reached between trans- or other law shall at all times while open to the feror and all employees as to payment in public or while being used or occupied for any lieu of vacation time earned; purpose be open also to inspection and examina- (5) That transferor has satisfactorily and com- tion by any police, fire, or health officer or any pletely complied with his contractual obli- b��g�°r of the city,as well as the inspector. gations pertaining to employer contributions (Code 1956, § 510.12) to employee benefit programs which include, �c. 310.13. Renewal. but are not l;mited to, pension programs, hc�pital,medical and life insurance programs, Every license renewal under these chapters may profit-sharing programs and holiday pay be denied for any licensee who is delinquent in benefits. any payment or contribution to a health and wel- fare trust or pension trust, or similar program, (j) Deceased licensee Notwithstanding any other- established for the benefit of his employees. provision of these chapters, in any case where a (Code 1956, § 510.13) • liquor license is held by a person not incorporated and where the license would, by reason of the �c. 310.14. Savings clause. death of said licensee, lapse to thg city in the �a) If any provision in these chapters is held absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee unconstitutional or invalid by a court of compe- may consent to and seek to transfer said license �nt jurisdiction, the invalidity shall e�ctend only to the surviving spouse of the licensee. The trans- � the provision involved ancl the remainder of fer shall be subject to all applicable requirements these chapters shall remain in force and effect to . of these chapters and existing law. be construed as a whoie. (k) No approval under certain conditions. The �� The repeal of any ordinance by this ordi- ( council shall not approve any transfer where ei- nance (which enacts the Uniform License Ordi- \, ther party has not complied with the terms of any nance) shall not affect or impair any act done, - contract or agreement regarding employee bene- any rights vested or accrued, or any suit,proceed- . fit or fringe benefit programs; including, but not ing or prosecution had or commenced in any mat- limited to, pension, hospitalization, medical and ter, prior to the date this ordinance became effec• — Iife insurance, prof t-sharing or holiday pay pro- tive. Every such act done or right vested or accrued . ams• rovided that an shall remain in fuil force and effect to all intents gr , p , y person or organization and purposes as if the repealed ordinances had objecting to a transfer because of failure to pay themselves remained in force and effect. Every employee benefit or fringe benefit programs shall such suit,�proceeding or prosecution may be con- file a written notice of objection with the license tinued after repeal as though the repealed ordi- inspector seven (7) days prior to the scheduled nances were fully in effect. A suit, proceeding or public hearing on the transfer, and said notice prosecution which is based upon an act done, a shall contain a complete itemization of the objec- tor's claim. right vested or accrued, or a violation committed• prior to repeal of the repealed ordinances, but (1) Transfer of more than one license if one is which is commer.ced or instituted subsequent to Class III. If an application is made to transfer repeal of the repealed ordinances,shall be brought more than one license at the same time, the in- pursuant to and under the provisions of such re- spector may, if one of the licenses is a Class III pealed ordinances as though they continued to be license,handle all said licenses as Class IlI licenses. in full force and effect. (Code 1956, § 510.11; Ord. No. 16822, 9-3-81) (Code 1956, § 52C.14) Sec. 310.12. Inspection of premises. Sec. 310.15. Penalty. The premises, facilities, place, device or any- Any person who violates any provision of these thing named in any license issued pursuant to chapters, or other ordinances or laws relating �o / any provision of the Saint Paul Legislative Code licensing, or who aids, advises, hires, counsels or l \., 2036 � LICENSES �318A1 '� -�-_ _ .` 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 pra 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. �c. 317.02. Fee. Effective on January 1 of each calendar year, The fee required is one hundred dollars($100.00) ' all license fees, except building trades business for each location at which such person will oper- license fees and fees for building trades certifi- a� �d maintain the business of providing such cates of competency, shall increase by the per- rides. centage increase in the budget for the division of (Code 1956, § 411.02) license and permit administration of the depart- ment of finance and management services. Prior �apter 318.Mechanical Amusement Devices to November 1 of each year, the director of fi- nance and management services shall file with �c. 318.01. License required;definitions. the city clerk a notice of the percentage increase, . . _ : _ if any, in license fees. No person shall own and allow to be operated (Ord. No. 16885,2-11-82; Ord. No. 17059, 10-20-83; for business purposes any coin-operated mechani- Ord. No. 17303, § 4, 10-29-85) cal amusement device witho�t a license. A coin- — operated mechanical amusement device is hereby Chapters 311-314. R.eserved defined as.any machine which,upon the insertion � .sf a coin, token or slug, operates or may be oper- SUBTITLE B. CLASS I LICENSES ated by the public for vse as a game, entertain- ment or amusement, which amusement device � Chapter 315. R.eserved* contains no automatic payoff device for the re- turn af 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 sa called pinball machines; music machines; coin- , Sec. 316.01. License required. operated television units;motion picture machines; amusement rides, excepting those provided for No person shall engage in the business of the under Chapter 317,pertaining to a.musement rides manufacture or distribution of animal foods in of the type used at carnivals; table shuffleboard Saint Paul without a license. games or similar games of amusement for which (Code 1956, § 384.01) a fee is charged to players for the playing thereof; � and all other machines which,by the insertion of 'Editor's note—The licenses under this chapter, derived from §4 345.01-345.03 of the city's 1956 Code,were redesig• a Coin oT token, operate for the entertain�ent or nated as Class III licenses by Ord.No.17207,adopted Jan.31, ��ent of the player,except weighing machines. �/ 1985,and recodified as Ch.423. (COde 1956, §§ 412.01,412.02) 2037 .. :�c7 " �rJ�r� � §318.02 ^ LEGISLATIVE CODE � Sec. 318A2. Fee. another; provided, however,that the owner shall (a) Amusement rides. The fee required for li- notify the inspector in writing at least �ve (5) censes for coin-operated amusement rides shall days before the move to the new location, advis- be one hundred seventy-five dollars ($175.00)for ing him of the name and address of the new loca- ten (10) amusement ride machines or fewer, and tion; and, further provided, that in the event the fiffi.een dollars ($15.00)per machine for each amuse- inspector notifies the owner that the intended ment ride machines in excess of ten dolIars($10.00). location is not properly licensed if a license is � required, is in violation of zoning, health, fire or (b) Music m.achines; television. The fee required other codes,or is otherwise unlawfully existing or for licenses for music machines shall be twenty- operated, then the owner shall not move any ma- five dollars ($25.00) per machine; and for coin- chines to that location until the inspector advises operated television units shall be sixteen dollars that the illegality has been 'removed. ($16.00) per location regardless of the number of� (Code 1956, § 412.03; Ord. No. 17134, 5-10-84) machines per ]ocation. � (c) Other deuices. The fee required for licenses �c. 318.05. No refund upon revocation; con- for all other coin-operated mechanical amusement fiscation of unlicensed machines. . devices is seven hundred fifty doll�rs ($750.00), Upon revocation of a license provided for here- together with an additional fee of fifty dollars in, no refund shall be made of any portion of the ($50.00) for each machine other than music ma- license fee. The inspector shall confiscate any ma- chines, coin-operated television units, or coin- chine set up for operation by the public if the operated amusement rides owned and operated same is not properly licensed or is operated by an by.the licensee. owner or operator not licensed for said purpose. (Code 1956, § 412.03; Ord. No.v16784, 4-30-81; (Code 1956, § 412.03) � Ord. No. 1688.t, 2-11-82) , Sec. 3I8.06. Gambling prohibited. ' Sec. 318.03. Application. Neither any person licensed under these chap- The applicat;ion shall include, in addition to ters nor any employee of any such licensee shall o'ther required information, a list of the locations permit to be operated in ar�y such licensee's place — where the applicant proposes to install and oper- of business any such machine or device for the ate such machines, the kind and number thereof, making of side bets or gambling in any form. and the address of the place where the machines (Code.1956, § 412.06) � are to be stored. All applications shall contain a G�oss reference—Gambling,Ch.270;lawful gambling,Ch. statement of the list price of such machines. 402. , (Code 1956, § 412.03) . Sec. 318.07. Loud music prohibited;hours of Sec. 318.04. I�cense tags;no transfer,removal, operation. (a) The licensee shall receive,in addition to the No licensee shall pertnit the operation of a music license, one annual license tag for each machine machine upon his premises in such manner that he is licensed te own, which tag shall be displayed the music is audible in adjoining premises to the , upon the machine in a prominent place. Such disturbance of the residents of such premises be- license tags must be secured and aff`ixed to the tween the hours of 10:00 p.m. and 1:00 a.m. on machines before machines are set up for opera- �'eekdays; provided, however, that the operation tion by the public. It shall be the responsibility of of such machines is permitted from 10:00 p.m. on licensee to obtain and affix such tags to said Saturdays until 2:00 a.m. on Sundays, and, fur- machines. ther, that no licensee shall permit the operation of any rriusic machine in any manner between the (b) No license issued hereunder may be trans- hours of 1:00 a.m. and 9:00 a.m.on weekdays,nor ferred, but a machine with license tag af�`ixed on Sundays from 2:00 a.m. until 9:00 a.m. may be moved by the owner from one location to (Code 1956, § 412.07) � 2038 . ��- /� � . r� ,: . � � Y : i^^��i � * � r � � _� 9 w ,�#. F , L >..,, � ; j �"y� �.., �. t ��. .. .._. E..n'� �' �: n �' ' �;� . Y k � ;,�: �1�f�? � ,� I� ' ��; � ? pr� , r ' -* � ;R a'; Uv ,.4 :w: �,, 4�t-r-;j r �..%t � r e �... .. �J .. : � � �"'� r �....01 E r P.�� /(_ ��r STATE OF MIDi:�TESOTA ) County of �Ramsey ) ss. CITY OF SAINT PAUL ) I . . . . . , Albert B.. Olson.. . .... . :. . . . . .. . ..City Clerk of the . City of Saint Paul, Minne:sota, do hereby certify that I have compared the attached copy of Council File �;o. . 87=681. . .. as adopted by the City Council. . . . .. ,Apri1 .28.. . . . . . . . . .. . I9.�8. . . and approved by the Mayor.. . . . . . . . . . . ,�'pril 29,. .. _. . . . . . . . 19.�8. . . • with the original thereof' on file in my office. r " � I further certify that said copy_ is a true and correct copy of said original and the whole thereof.- � WITNESS my hand and the seal of the City of Saint Paul,, Minnesota this . . . , ?3rd. . . . ., day of .. . . . . .MaX . . . . . . .A.D. 19.88. . . . . . . ��,;��.%�:. �:�. ��'..�-r.'. . .... . . . . .. ., _ City Clerk. ;�, , NK /IMANC( � CLTY OF SAINT PAUL Co�RCil ��..` �•H�Ar : D°v��TUE►�T a.u� - �.wrow _ Flle N�. � � ��c�ty atrny. • . � 4rdin�nce Ordinance N 0._Amdt . ��4 Presented By � �?`5_ �� Referred To Committee: Date � Out of Committee By Date An Ordinance amending Chapter 409 of the Saint Paul Legislative Code pertaining to Intoxicating Liquor; providing . presumptive penalties for liquor licensed establisY+.nents . THE COUNCIL OF THE CITY OF SAII�IT PAUL DOES ORDAIN: Section 1 . � That Chapter 409 of the Saint Paui Legislative Co�e is hereby amended so as to add the following new provisions thereto : Sec. 4A9-��- 409 . 26 . Intoxicating liquor; ad�erse kee��xgs; eeA�a�e�}eAS�r��e�a��eas; presumptive penalties . a) P�ur_�o_�se�. The purpose of this section is to establis�i a standard by which the City Council determines the length of license suspensions; and revocations , ��nes-aadfe�-�ke-g�ae�ag-e�'-es�d}� e��s t��ex-�ke-bt�s�xess-��eeases; and shall apply to all . on-sale and off-sa.le licensed premises . T�ese enalties are resumed to be aPpropriate�`or every � case , owever t e Council ma deviate t ere rom in an individual case where the Council inds and - � determines that t ere exist substantial and com- � � el in reasons ma in it more a ro riate to do ' so. en eviatin rom t ese stan ar s t�e Council � � shal provide written reasons whic speci y why t e � genalty selected was more appropriate . ,COUNCIL MEIViBERS - �eas' Nays Requested by Department of: . , ' , Dimond � . ��g In Favor . G,switz Kr.ttman �/ s�be;nei Against BY , s��n�o �ti�� Form Appc ved by Cit Attorney ',dopted by Council: Date . - :'�-rtified Passed by Council Secretary BY ' "�" �� t°�� Ey ;:�ro��ed by Mayor. Date Approved by hiayor for Submission to Council :;y By . . ��-�� r� . . �n�'� /�a � -2- b) Pres tive enalties for violations . Adverse penalties or convictions or violations s a 1 be presumed as follows : TYPE OF VIOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION 1 . Conanission of Revocation NA NA a felony related to the license� activity. � � 2. Sale of Revocation NA NA alcoholic beverages while license is under suspension. 3 . Sale of 5 Consecutive Revocation NA alcoholic Days Sus- beverages to pension under-age person. 4. Sale of 5 Consecutive 15 Consecutive Revocation alcoholic beverage Days Sus- Days Sus- . to intoxicated pension pension person. � S . After hours 3 Consecutive 9 Consecutive Revocation sale or display Days Sus- Days Sus- ' � , o.f� alcohol.ic pension • pension . beverages . . . • � 6 . Refusal to 5 �onsecutive 15 Consecutive Revocation allow Gity , Days Sus- Days Sus- . inspectors or pension pension . police admission _ to inspect premises . � " 7 . Illegal 3 Consecutive 9 Consecutive Revocation � gambling on Days Sus- Days Sus- � �- premises . pension. pension 8 . Permit person 3 Consecutive 9 Consecutive Revocation � � to leave premises Days Sus- Days Sus- with alcoholic pension pension beverage . .� �'� .f-�-�s: . .. . �� - �� I � - �r,� � -3- � T'YPE OF VIOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION 9. Failure to 15 Consecutive 45 Consecutive Revocation make application Days Sus- Days Sus- for license pension pension renewal prior to license expiration date. 10. Violations of 5 Consecutive 15 Consecutive Revocation City ordinances Days Sus- Days Sus- pertaining to pension pension fire or building or health codes . c) Computation of time. For the purpose of determining the number of occurrences of violations , the council shall consider a violation as a second occurrence if it occurred � within 18 calendar months of the first viola�ion; and shall ccnsider a violation as a third occurrence if_ it occurred taithin 30 calendar months of the second violation. d3 E�-ge��e--ee��a:e�s---��-a-��eeASe-g�e��e�-l�as-been sekedx�e�-�e�-an-ad�ae�ge-kea��ng;-eenne��-�e�be�s-sl°ia��-r�e� , d}set�ss-�ke-�}ee�se-�a��e�-H��k-eaek-e�l�e�-eY-�a��k-ex�-e� �ke-ga��}es-�a�e��aed-�a-��e-aia��e�-t��ess-sn�k-d�set�ss�ea . eeet��s-eA-�ke-gt�b��e-�eee��-�t��xg-�ke•-gt�b��e-kea�}�gs-e� �ke-a�a��e�-e�-dt��}ag-�ke-eex�e��=s=�}�a�-�e��be�a�}e�s-e� - . �ke-�a��e�- • . e3 d) Other penalties . Nothing. in this section sha11 .. • restrict or limit the authority of the council to suspend . up to 60 days , revoke the license , e� impose a civil fine . not to' exceed $2 ,000, to im ose conditions or take any other adverse action in accor ance wit aw, e�-��e�e��eas-e� �eaee�g }anee-Ea�� -aa-epp �eeb e-s�e�t��e;-��e-e�-e�d�xaaee — �e�a��xg-�e-e�eeke��e-�e�re�sges; provided that the license . . holder has been afforded an o ortunit for a hearing in . � the manner provided for in Section . of this Code. ' ' �� y-/;-,� (.�I T Y O F 5 A I N T YA U L `"""j"`� / C��+AN� �DEPARTMENT F11G NO. � ` �� 9�UE - MAYOA �' � Ordinance � ord�nan��NO. �� ° _ Presented By Referred To Committee: Date Out of Committee By Date � -4- � Section 2 . This ordinance shal�l take effect and be in force thirty days from and after its passage, approval and publication. COUNCIL MEMBERS 1e,a;• IYays Requested by Department of: - " Dimond ' ��g In Favor � ... Gosrvitz Rettman Scheibel � Against BY Sonnen � � `�''°'� APR 2 8 i98$ Form App oved by ity Attorney �,dopted by Council: Date � � !f-lo-d'£f CertiEied P �b ,Council S t . BY � By � / ',pproved"by '�tayor� Date P1� � �� Approved by Mayor fur Submission to Council 8Y� �--�.-��.�-.1 Iv( .�-e��-- By p��s�±�o ��,r��;Y 7 1988. x ��_,�a�� p�i ,..':w,� :.�3.5 �/ - �� / � / } � � // � �i ^ Ar. C- N � ` - � ;.: F! ..� �.� � � <.,J:�.,�!."�'�__ � r� _ �y� i �� 3� _. L,',� � a�� - C.� -- � � � �� '�5�1 co �1��1�� r:l� �-�-�,��,,�i �. 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Z. ` O � � � t �� G1. dl 1-r td 'L� •� � � � � - - � f O O i � � �-- tn � � U ti � .0 O < Z H � � o ! < �"� 4-I H N V H � . _ � : � � v •� � a v y ,. , � o i � W cd a-+ w o �-1 z o a o o � ° Z < � � �' �"� � � i 4 � 'b d �d • N � ,� . �, .,� � . : V ^ � eo e, ,., ,� �, .a H ^ � - ` - _;, _. , � ,� ... � .. .. _ � .. . . . . . . n�`. -. �.�'� b �;��^ .� �'�- a� e STATE OF MINNESOTA DISTRICT COURT � COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT File No . 4139180 ---------------------------------- State of Minnesota, Plaintiff, PLEA OF GUILTY TO AMENDED vs , COUNT I AND ORDER STAYING .�MPOSITION OF SENTENCE James Francis GarveY, Defendant . ---------------------------------- The above-entitled matter came on for hearin9 � before the Honorable Gordon W , Shumaker, Judge of District Court, on March 10, 1988, the defendpnt having RreviouslY entered pleas of not guilty to various counts of 9ambling . Ivars Krievans, Assistant City Attorney, appeared on behalf of the State of Minnesota . The defendant, James Francis Garvey, was present in person and was represented by his counsel, Victor B , Anderson . Jerald R , Sandahl Official Court Reporter 1439 Courthouse � St . Poul, MN . 55102 (298-5310) District Court - Second Judicial District _ �'�'�,o�a Y 1 March 10, 1988 - 10 : 15 a .m. - Courtroom 1431 : � 2 3 THE CLERK : The State of Minnesota versus James Francis 4 GarveY . 5 THE COURT: Please step up, Mr . Garvey . 6 Now, with respect to Mr . GarveY . 7 Mr . GarveY is charged also with gambling, 8 operating a gambling device, as a gross-misdemeanor . And 9 he' s also charged by criminal complaint in File No . 4139180 10 with four counts relating to 9amblin9 . And I understand a 11 plea agreement has been reached in this matter . 12 MR, KRIEVANS : That is correct, Your Honor . The State � 13 will amend the first count, that is, the count to maintain 14 or operate a 9ombling place, to a misdemeanor under 15 609 . 755, and that is to sell or transfer a chance to 16 participate in a lottery , 17 Upon a plea of guiltY to that count we would 18 dismiss the other three counts a9ainst Mr . Garvey . 19 THE COURT: All right . Is that Your understanding, Mr . 20 Anderson? 21 MR . ANDERSON : That ' s mY understanding . 22 And, Mr . Garvey, is that your understanding? 23 THE DEFENDANT: Yes . � 24 THE COURT: All right . Have you had enou9h time to 25 discuss this matter with Mr . Anderson, Mr . Garvey? District Court - Second Judicial District James Francis Garvey - File No . 4139180 3 1 THE DEFENDANT; Yes . � 2 THE COURT; And has he reviewed with You the facts of 3 Your case and your legal and vour constitutional rights? 4 THE DEFENDANT: Yes . 5 THE COURT: And do vou understand the facts of the 6 case; in other words, what you' re charged with? 7 THE DEFENDANT: Yes . 8 THE COURT: All right . And Mr . Anderson, I assume, has 9 told you about some discussions that we hod in my chambers 10 and, basically it ' s the same, with the exception of the � 11 fine, which is open at this time, they' re the same 12 discussions which we had with respect to Mr . Feist , � 13 THE DEFENDANT: Yes . 14 THE COUT: Do you understand that? 15 THE DEFENDANT: Yes , 16 THE COURT: Okay . All right , Do you have any 17 questions before we proceed? 18 THE DEFENDANT: No, I went over it pretty thoroughly . 19 THE COURT: WhY don' t You go through the plea position 20 with Mr . Garvey . 21 MR . ANDERSON ; All right . 22 Q Mr . GarveY, I 'm showing you a piece of paper called, 23 labeled a petition to enter a plea of 9uilty to a � 24 misdemeanor pursuant to Rule 15 of this court . 25 A Uh-hum. District Court - Second Judicial District 1 Q And is that your signature at the bottom? � 2 A Yes . 3 Q And do you understand that You are pleading guiltY to an 4 amended charge of participating in a lottery? 5 A Yes , 6 Q In violation of 609 . 755, Subd . 2 of that statute . 7 A Yes . 8 Q And do You understand that the essential elements of that 9 crime is that you and others purchased tickets that were 10 put into a bucket and a drawing was held in which the ` 11 winner would take all the money that was paid -- 12 A That ' s right . � 13 Q -- by the purchasers of these tickets, right? 14 A Right . 15 Q And you had something to do with that; you participated in 16 that you? 17 A True . 18 MR . ANDERSON : We will offer that petition, Your Honor . 19 THE COURT; All right . Any obJection? 20 MR . ANDERSON : Incidentally, I suppose we'd better put 21 the plea bargain in . 22 THE COURT: It should be in there . 23 MR. ANDERSON : I do have it in there . � 24 Do you understand that part of the plea, what made 25 it attractive in this case, was that you were going to be District Court - Second Judicial District James Francis Garvey - File No , 4139180 5 1 fined by the Judge, no Jail time, and that if no similar or � 2 related offenses occurred within one year that this matter 3 would be dismissed by this court, provided I make a motion 4 or you make p motion on your behalf? 5 THE DEFENDANT: That' s true . 6 THE COURT, `Okay , AnY obJection to the pleo petition? 7 MR. KRIEVANS ; No . 8 THE COURT: The petition to enter plea of guilty is 9 received . 10 What are the facts of the case, Mr . Krievans? 11 MR. KRIEVANS : He didn't sign it . 12 THE COURT: That doesn't have to be signed . The � 13 attorney is here personally . 14 MR . AMDERSON : I don't think so . 15 MR , KRIEVANS : The facts of this case are similar to 4 16 the previous one . On the dates of April 23, '87 throu9h 17 May 14 of ' 87, officers entered the Arcade Bar on Arcade 18 and Sims within the City of St . Paul several times and 19 observed various types of chances bein9 sold for such 20 things as a V , C , R . and other -- 21 MR . ANDERSON : FishinQ equipment . 22 MR. KRIEVANS : -- other types af material goods , 23 Specifically, on May 11, 1987, Officer Simmons � 24 purchased a chance for a V . C . R . from Mr , GarveY within the 25 Arcade Bar, and also purchased two tickets on the Lucky District Court - Second Judicial District - �-f�� . 1 Buck Wheel, where someone wins an amount of money after a � 2 certain amount of money has been deposited in that wheel . 3 THE COURT: Mr , Garvey, those are the facts that they 4 accuse you of . Are those facts true and correct? 5 THE DEFENDANT: Yes . 6 THE COURT: All right . And, in view of those facts and 7 in view of the plea agreement, is it your desire to enter a 8 plea of guilty to the amended charge of participatin9 in a 9 lottery, which is now char9ed as a misdemeanor? 10 THE DEFENDANT: Yes . i � il THE COURT: All right . And has anyone made any 12 promises to you, other than what you heard in the plea � 13 agreement, or anv threats to get you to enter this plea? 14 THE DEFENDANT: No . 15 THE COURT: Are you doing of this your own free will? 16 THE DEFENDANT: Yes . 17 THE COURT; Do you then plead 9uilty, Mr . Garvey, to 18 participating in a lottery, as a misdemeanor, between the 19 dates of April 23, 1987 and May 14, 1987 in Ramsey County, 20 Minnesota? 21 THE DEFENDANT: Yes . 22 THE COURT: All right . Based upon Mr , Garvey' s plea I 23 hereby find him guilty of the misdemeanor of participatin9 � 24 in a lottery as amended in the criminal complaint . 25 Are You prepared for sentencing, Mr . Anderson? District Court - Second Judicial District James Francis Garvey - File No . 4139180 7 � 1 MR . ANDERSON : Yes, we are, Your Honor . � 2 THE COURT: Is there anything else thot the State would 3 like to saY? 4 MR , KRIEVANS : The State did recover $1, 900 . 00 on the 5 raid on MaY 14, 1987 . 6 THE COURT: OkaY . 7 MR . ANDERSON : Which is going to be returned? 8 MR. KRIEVANS : Yes . 9 THE COURT: All ri9ht . The State is going to return 10 that? 11 MR. KRIEVANS : Yes, that ' s correct . 12 THE COURT: Mr . Anderson? � 13 MR , ANDERSON : Well, I have known Jim Garvev ever 14 since I became associated with the Arcade Bar . I think I 15 was one of the lawyers, along with Judge Eg9leston 16 (phonetically) , that incorporated the place . 17 He was a Whirlpool employee for many years . And I 18 think when Whirlpool moved out of town Mr , Garvey became 19 part of the unemployed , And I think he works part-time as 20 a bartender . 21 I think he has also a workmen' s comp claim pendins 22 against Whirlpool for some lung problems , 23 THE DEFENDANT: True . � 24 MR . ANDERSON : One of his sons is a police officer that 25 I mentioned, the other son is . And he lives above, in one District Court - Second Judicial District 4 1 of the rooms above the bar . That ' s how he keeps going . � 2 THE COURT: Mr . Garvey, you' re working part time now? 3 THE DEFENDANT: Yes . I can only work so many hours 4 because I get too tired and stuff . 5 THE COURT: OkaY . 6 THf DEFENDANT: And that' s about what it consists of, I 7 mean, mY lungs and my heart and stuff that are involved . 8 THE COURT: Do you have a pension from Whirlpool? 9 THE DEFENDANT; I 'm �oing to get it prettY soon . 10 THE COURT: Okay? 11 THE DEFENDANT; It will be a small one . But, I mean, 12 we sort of got broke off when they pulled out . We lost � 13 everything . 14 THE COURT: Do you have anythin� further you would like 15 to say before I impose sentence? 16 THE DEFENDANT: I 'm Just glad it' s over with . 17 THE COURT: OkaY . All ri9ht , 18 As a sentence I 'm going to stay the imposition of 19 sentence for a period of one year and during that period 20 I 'm 9oing to place vou on probation, without supervision, 21 subJect to the following conditions ; 22 First of all, that You have no further gambling 23 offense of any sort . � 24 Secondly, that you have no conviction for any 25 nontraffic misdemeanor or any gross-misdemeanor, nontraffic District Court - Second Judicial District James Francis Garvey - File No , 4139180 9 , 1 gross-misdemeanor or for any felony of any sort . � 2 In other words, I want you to remain law-abiding 3 for that period . I 'm sure you will do that . 4 Thirdly, I 'm going to impose a fine of $150 . 00 and 5 a surcharge under the law of 10x . 6 Are you able to paY that fine today? 7 THE DEFENDANT: Yes . 8 THE COURT; Okay . 9 And, fourthly, that if at the end of this year you 10 have complied with all of the conditions of probation and 11 your record is clear, keeping in mind those conditions, 12 then, upon the motion of your attorney, or upon the motion � 13 of yourself if you wish to make it, I will dismiss the 14 matter and vacate the conviction . 5 15 Okay . Do you understond all of those conditions? 16 THE DEFENDANT: Yes, sir . 17 THE COURT: OkaY . 18 MR . ANDERSON ; Thank you very much . 19 THE COURT; You can arran�e with my clerk to pay the 20 fine . 21 22 23 � 24 25 10 : 25 a .m. - March 10. 1988 - proceedings concluded . District Court - Second Judicial District Q M d�.+� � , STATE OF MINNESOTA] � � COUNTY OF RAMSEY ] R E P 0 R T E R ' S C E R T I F I C A T E I, Jerald R. Sandphl, do certify that I am an official court reporter in and for the Countv of Ramsey, Second Judicial District, State of Minnesota, that I reported the foreQOin9 proceedings in this matter, and that the transcript contained on the foregoing 9 pages is a true and correct transcript of the shorthand notes token bY me at the said time and place herein mentioned . � DATED : April 11, 1988 ��-.�-°'��- l� � � ,o""`-��--a_-'!`� JERALD R . SANDAHL Official Court Reporter 1439 Ramsey County Courthouse St , Paul, Minnesota 55102 Telephone : (612)298-5310 21 22 23 � 24 25 District Court - Second Judicial District ...-. ._ _. _ _. � _ . ,..-� �_ � ? � g�--- �� • . .• !_ . f . :,... .. .....r. . � . . ,. � . ,.._ �— '. �. �, �r . . . _ � .._ . _. .._.�...-.- . . . � � - .'r . . .l— _' —. ' ... ' . , , ;r � . .. .._. ' _..-� . . L�,2 '� ;{1rX � .. J�//'� � —/�� . � . ....� 1 - .. . `✓ . I � , '1� �,.' ' � � \ �I � � � � , � � f ve i � __ . : : . � �,.._.._—�_.�__�-�._.._.__.. _._.__..... 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Garvey � Arcade Sportmen's Club 932 Arcade St. Apt. 5 St._ Paul, MN 55106 Dear James and Sportsman's Club, On behalf of the patients at Gillette Children's Hspital I would like to thank you for your generous donation. The money will be used to purchase some special_ supplies or talce the patients on a special outing to a �ains game or the Minnesota Zoo �tc. The donation could not have come at a better time as we are fi.nishi�lg up the fiscal year and the funds are getting low. This will give us the opportunity to do some special things with our patients. Thanks again for your continued interest in our patients, it is greatly appreciated. Please extend our thanks to the members of the Sportsmen's Club who made this donation possible. Sincerely, _ U,-.l.�- ��Lc) ��v�_ ar Newm n Therapeut c Recreation/Chi.ld Life Director �: ��1�d �:�, ,�.;: �,(G r�' Jt A- Y4^,.;C d T , � • ,I' �. � '•��:. lst _ -;��° � . 2ni, � - U�_ ,,.� :.-�,� _ . �_".� 3rd . t f-"/%� , _ Adopted �-i � r��o - f% �:;' ; Yeas . Nays , _. DIMOND !�"��jo7uf • GOSWITZ l�,S�Q'v _ LONG._ - ' RET'I'MA1Q ; . SOi�iDI�N ' WILSON : MR. PRESIDENT, SCHEIBEL � 1 March 10, 1988 - 10 :ti0 a .m. - Courtroom 1431 : � 2 3 THE CtERK : The Stote of Minnesota versus Michael Mark 4 Feist , . 5 MR . ANDERSON : Michael, do you want to come forward . 6 THE COURT; Mr . Feist is charged with three counts of 7 samblin9 by criminal complaint , 8 As I understand, a plea agreement has been reached 9 in this matter . Is that correct? 10 MR . ANDERSON : That' s correct . 11 MR . KRIEVANS ; Yes, that is correct . 12 The State is willing to amend the first count, and � 13 that is, maintaining and operatin9 a gambling place, to a 14 misdemeanor, specifically under 609 . 755; that is, someone 15 who sells or transfers a chance to participate in a 16 lottery . 17 And I understand that the defendant will plead 18 guilty that amended count, and upon a plea of guiltv we 19 would dismiss the other counts . 20 THE COURT: Is that your understanding, Mr . Anderson? 21 MR. ANDERSON : That ' s our understanding, Your Honor . 22 Mr . Feist is pleading 9uilty to participating in a lottery 23 in violation of 609 . 755, Subd . 2 of that statute, a � 24 misdemeanor . 25 MR. KRIEVANS ; The alleged offense took place between District Court - Second Judicial District Michael Mark Feist - File No . 4139154 3 1 April 23, 1987 and May 14, 1987, specifically on April 27 � 2 of 1987, within City of St . Paul , 3 THE COURT; All right . Mr . Feist, you have heard the 4 plea agreement, true? 5 THE DEFENDANT: Yes . 6 THE COURT; Have you had enough time to discuss this 7 matter with Mr . Anderson? 8 THE DEFENDANT: Yes, I have , 9 THE COURT; And have you reviewed with him the facts of 10 your case and your legal and your constitutional ri�hts? 11 THE DEFENDANT: Yes . 12 THE COURT: And do you understand the plea agreement � 13 fully? 14 THE DEFENDANT: Yes, I do . 15 THE COURT: And do you understand also that I had some 16 discussions with your attorney and with the prosecutor in 17 my chambers and we were talkin9 about the possible sentence 18 that would be imposed; do you understand that? 19 THE DEFENDANT: Yes . 20 THE COURT: Did you review our discussions with Mr . 21 Anderson? 22 THE DEFENDANT: Yes , 23 THE COURT: All right . And you have prepared a � 24 petition to enter plea of guiltY . Why don' t you go through 25 that, Mr , Anderson , District Court - Second Judicial District