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88-1936 WHITE — CITY CLERK PINK — FINANCE G I TY OF SA I NT PAU L Council CANARV — DEPARTMENT / BLUE — MAVOR File NO• '` �� c�ty attny/P�s . . ._. Council Resolution .�� - / l� )�"`e/ �� Presented By �� Referred To Committee: Date Out of Committee By Date RESOLVED, that the off-sale intoxicating liquor license held by Anne Marie Dragicevich dba Snelling Avenue Fine Wines for the premises at 500 North Snelling Avenue in Saint Paul is hereby suspended for a period of five consecutive days , commencing Novennber 28 , 1988 and ending December 2 , 1988 . This Resolution is based on the record of the proceedings before the Fad?�inistrative Law Jud��, including the hearing on October 17 , 1988 , th.e documents and ex��ibits introduced therein, the remark� offered by the licensee at the Council h�aring on November 17 , 198E , and the deliberation of the Council in open session. The Council adopts the findings of fact and conclusions of law of the Administrative Law Judge contained in his report dated October 21 , 1988 , a copy of which is attached hereto and made 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 the licenseholder. COUNCIL MEMBERS Yeas Nays � Requested by Department of: Dimond �� In Favor , �+�- Rettman � � _ Against BY Sonnen Wilson D�C – 8 � Form App oved by City Attorney Adopted by Council: Date Certified Pas e un il t BY – �' II '� � gy A►pprov y iVl vor. Date — ,� ',s�„e_, a � '�� Approved by Mayor for Submission to Council gy By .y '"o j��L�� ';,.,,:;;�'ss,�,cn 198 ,• �r� .�� °.. �� Y.d� �. ✓r .� -.. . �\ �(� ��er a �� I�.. � :•"S01L6DU,y4••� �I � � ve � �� ' �.� .�� _ , ��.f ��:,��..,� �'� _ ��--- j } ��'�-1,`,.s,�'f .- �,c185g� � STATE O F M I N N ESOTA �'� '�- '� � � �� . � �,�„ � ,�--°" �--- '`i`. J � � � OFFICE OF ADMINISTRATIVE HEARINGS RECEIVED FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH pCT 2� 198$ MINNEAPOLIS,MINNESOTA 55415 (612)341•7600 CITY CLERK October 21, 1988 St. Paul City Council Attn: Albert B. Olson City Clerk 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of Anne Marie Dragicevich, d/b/a Snelling Avenue Fine Wines; OAH Docket No. 8-2101-2773-6. Dear Mr. Olson: Enclosed and served upon you by mail, please find the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. I also enclose the official record, and I am closing our file in this matter. Yours very truly, � L . JON L. LUNDE Administrative Law Judge Telephone: 612/341-7645 JLL vh Enclosures cc: Philip B. Byrne Anne Marie Dragicevich AN EQUAL OPPORTUNITY EMPLOYER �� ' �-a- � l�- �� J � 8-2101-2773-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA In the Matter of FINDINGS OF FACT, Anne Marie Dragicevich, CONCLUSIONS AND d/b/a Snelling Avenue RECOMMENDAI'ION Fine Wines. The above-captioned matter came on for hearing before Administrative Law Judge Jon L. Lunde at 1 :00 P.M. on Monday, October 17, 1988 at 1503 City Hall Annex in St. Paul , Minnesota, pursuant to a Notice of Hearing dated September 22, 1988. 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 (City) . Anne Marie Dragicevich (Licensee) , Snelling Avenue Fine Wines, 500 North Snelling Avenue, St. Paul , Minnesota 55104, was present, appearing �ro se. The record closed on Tuesday, October 18, 1988 when the City filed a copy of Section 409.26 of the St. Paul Legislative Code. That filing was made pursuant to agreement made at the time of the hearing. This Report is a recommendation, not a final decision. The St. Paul City Council 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 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 Council . Parties should contact Albert 6. Olson, City Clerk, 386 City Hall , St. Paul , Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue in this case is whether or not the St. Paul City Council should take adverse action against the off-sale liquor license held by the Licensee because she sold beer to a minor on June 23, 1988 and her clerk sold strong beer to two minors on August 4, 1988. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1 . The Licensee, Anne Marie Dragicevich, owns and operates an off-sale liquor store at 500 North Snelling Avenue in St. Paul , Minnesota under the trade name of Snelling Avenue Fine Wines. She has held an off-sale liquor license for the liquor store since July 1986. The liquor store is open from 5:00 A.M. to 8:00 P.M. Monday through Thursday and f rom 8:00 A.M. to 10:00 P.M. on Friday and Saturday. It is managed by the Licensee's husband who / generally is on the premises during the hours it is open for business. The Licensee has one other employee, Craig Lee Anderson. 2. The City's police department investigates complaints regarding the illegal sale of alcoholic beverages by liquor stores. Since the police department had received a prior complaint alleging that a minor had purchased liquor at the Licensee's establishment, an investigation was undertaken by Richard L. Klein, a sargeant in the police department's vice unit. Sargeant Klein used an investigatory technique commonly used to investigate such complaints. It involves the use of underage volunteers who, under police supervision, attempt to purchase alcoholic beverages from the liquor establishment under investigation. 3. On Thursday, August 4, 1988, Sarge,ant Klein was working with two minors who had volunteered to work as "testers" for the police department: Tamara M. Chies, born February 5, 1970, and Liane Marie Sellner, born May 21 , 1970. Chies and Sellner were instructed to purchase some beer at the Licensee's establishment. Sargeant Klein specifically instructed the testers not to make any attempt to appear older than they are and to dress as they usually do. They were also instructed not to use any persuasion in order to make the purchase and to inform the individual making the sale that they had no identification, in the event they were asked to verify their age. 4. At approximately 6:30 P.M. on Thursday, August 4, 1988, the Licensee's employee, Craig Anderson, was working at the liquor store. At that time Sellner and Chies entered the store and Chies purchased a 12-pack of strong beer. Anderson did not request any identification from them before making the sale. 5. After the sale was made, Chies and Sellner left the liquor store and gave the beer to Sargeant Klein, who was waiting outside. After obtaining the beer, Sargeant Klein returned to the liquor store where he issued a citation to Anderson and recovered the marked bill the testers used to purchase the beer. 6. On June 23, 1988, a police officer for the City came to the Licensee's establishment during the course of an investigation involving the sale of liquor to a minor. At that time the Licensee was on duty at the liquor store. The police officer advised the Licensee that a minor who had been arrested for the possession of beer, had advised the officer that the beer was purchased at the licensee's establishment. The Licensee could not recall selling beer to a minor and did not know if the person who had been apprehended by the officer was the same person who had purchased beer at her establishment some 15 minutes earlier. Later that evening, the officer advised the Licensee that the person he had arrested was not, in fact, a minor. 7. On September 22, 1988 a Notice of Hearing was mailed to the Licensee advising her that the City Council might take adverse action against her license for the illegal sales of beer to minors that occurred in her liquor store on June 23 and August 4, 1988. 8. The Licensee's liquor store does have some problems with minors who attempt to purchase alcoholic beverages. This problem is due, in part, to the store's proximity to Hamline University. The usual practice followed at the -2- �� - �,�� J store is to request identification if there is any doubt about the purchaser's age. 9. No adverse action has previously been talcen against the Licensee for liquor law violations. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1 . The St. Paul City Council and the Administrative Law Judge have authority to consider the issues raised in the Notice of Hearing and to take adverse action against the liquor license held by the Licensee under Minn. Stat. §§ 340A.415 and 14.50 (1988) and Chapters 310 and 409 of the St. Paul legislative Code. 2. That the Licensee did not receive 30-day's prior notice of the hearing as required by Minn. Rule pt. 1400.5600 (1988) , but the Licensee has waived her objection to the 30-day notice requirement in that rule by her appearance at the hearing on October 17, 1988. 3. That the City has complied with all other substantive and procedural requirements of statute and rule governing this matter. 4. On August 4, 1988 two minors were sold alcoholic beverages consisting of a 12-pack of strong beer at the Licensee's establishment by the Licensee's clerk, Craig Anderson, in violation of Minn. Stat. § 340A.503, subd. 2 and § 409.08(2) of the St. Paul Legislative Code. 5. That the City has failed to show that the Licensee sold beer to a minor in violation of Minn. Stat. § 340A.503, subd. 2 and § 409.08(2) of the St. Paul Legislative Code on June 23, 1988. 6. That the City has the burden of proof to establish liquor license violations for which adverse action is proposed by a preponderance of the evidence. 7. That the City met its burden of proof with respect to the illegal sale of strong beer that occurred on August 4, 1988, but did not meet its burden of proof with respect to the illegal sale that was alleged to have occurred on June 23, 1988. 8. That the charge alleging that the Licensee sold beer to a minor on June 23, 1988 should be dismissed. 9. That the presumptive penalty for the sale of alcoholic beverages to underage persons under § 409.26(b) of the St. Paul Legislative Code is five (5) consecutive days for the first violation. 10. That under § 409.26(a) of the St. Paul Legislative Code, deviations from the presumptive penalty set forth in clause (b) are appropriate if substantial and compelling reasons for doing so exist. 11 . The Licensee has failed to establish any substantial or compelling -3- ��' .�� r'_.�� ,� reasons for a departure downward from the presumptive 5-day suspension required the first time a sale to a minor is made, and the City has admitted that a longer suspension is not justified. 12. That the Licensee is responsible for the illegal acts of her employees under Section 409.08(5) of the St. Paul Legislative Code. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: (1 ) That the charge alleging a violation of the liquor laws on June 23, 1988 be DISMISSED. (2) That the charge alleging a violation of the liquor laws on August 4, 1988 be AFFIRMED. (3) That the Licensee's off-sale liquor license for Snelling Avenue Fine Wines be suspended for a period of five (5) consecutive days. Dated this �� day of October, 1988. ...-�' �" !��. JON L. LUNDE Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1 , the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail . Reported: Taped. MEMORANDUM There is no question that a clerk at the Licensee's establishment sold strong beer to two minors on August 4, 1988 contrary to the express prohibitions contained in the statutes and rules cited in the Conclusions herein. However, the City has failed to establish that the Licensee sold beer to a minor on June 23, 1988, as charged. The only evidence the City presented to show that an illegal sale to a minor occurred on June 23 was elicited from the Licensee. However, the Licensee did not have any reliable information concerning the identity of the person arrested for the illegal possession of beer that day, and did not know if he was the same person to whom she had made a sale. Moreover, she had no reliable information concerning that -4- ✓ individual 's age, even if it is assumed that the person who was arrested is the same person who purchased beer at her store. It is quite clear, therefore, that the City failed to make a rp ima facie showing that the Licensee sold alcoholic beverage to a minor on June 23, 1988. The identity of the person to whom she sold beer that evening, as well as that individual 's age, is not known. Consequently, the June 23, 1988 violation charged by the City must be dismissed. Since the Licensee did, however, make an illegal sale of strong beer to a minor on August 4, 1988, the City should take adverse licensing action. Under the penalty matrix in Section 409.26(b) of the St. Paul Legislative Code, a suspension of her off-sale license for five consecutive days is warranted. Although a 5-day suspension is merely presumptive, there are no facts in the record demonstrating substantial and compelling reasons for departing from the presumptive 5-day suspension period. The City did not argue that a longer suspension would be appropriate and the Licensee herself presented no reasons why 5 days is too long. The Licensee admitted that the testers who purchased beer on August 4 do not appear to be of legal age, and she admitted that she would have requested identification from them. Therefore, even though her policy is to require identification from a customer when there is any doubt about the customer's age, that policy certainly was not followed in this case. Since the Licensee has had problems with minors, she should have taken greater care in making sure that minors are not permitted to purchase alcoholic beverages. Under all the circumstances, therefore, it is concluded that no reasons exist for reducing the duration of the presumptive suspension and that a suspension for five consecutive days is appropriate. J.L.L. -5- �n�'_ ��,� � STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) AFFIDAYIT Of SERYICE 8Y U.S. MAIL Viryinia R. Halling, being first duly sworn, fiereby deposes and says that 21St pctol�er on the day of , 1988, at the C1ty of Minneapolis, county and state aforementioned, she served the attached � FINDING$ 0�' �'ACT, CONCLU�IONS AND REC01�4MENDATTON OF mHF AnNfTNTGTRD,Tj� 1 , LAW JUDGE; OA�i Docket No. 8--2101�2773�6. by depositing in the United States mail at said City of Minneapolis, a true and correct capy thereof, properly enveloped, with first class postage prepaid. and addressed to the individuals named on the attached mailing list. U. . . R � . Subscribed and sworn to before me th i s o��o�-t day of�c.t .-L�-�ri , 1988• /�) � `��'.2�Oia-�) Notary Public x Y � SANDRA A. HAVEN NOTARY PUBLIC-MINNESOTA RAMSeY COUNTY MY COAAAAISSION EXPIRES AUGUST 21, 1990� x 'wvwv rr Service List 8-2101-2773-6 October 21 , 1988 St. Paul City Council Attn: Albert 6. Olson City Clerk 386 City Hall St. Paul, Minnesota 55102 Philip B. Byrne Assistant City Attorney City of St. Paul 647 City Hall St. Paul , Minnesota 55102 Anne Marie Dragicevich d/b/a Snelling Avenue Fine Wines 500 North Snelling Avenue St. Paul, Minnesota 55104 ,� ' C� !� ��' - ��.3� . . �409.07 L.EGISLAZ7VE CODE provided, that the licensed establishment (2) No liquor shall be sold or furnisbed for any is in conformance w-ith the Minnesota Clean purpose whatever to any person under Indoor Ai.r Act. twenty-one (21)years of age or to one obvi- (2) It is unlawful for any such establishment, ously intozicated 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 Qrdinance. Proof of age for purchas- (1) above without having first obtained a ing or consuming alcoholic beverages may special license therefor. Such special license be established only by a valid driver s li- may be issued by the council for a period of cense or Minnesota ident�cation card, or in the case of a foreign national by a valid one year and for which the fee shall be two p�sport. A person who was born on or be- hundred dollars ($200.00). Application for fore September 1, 1967, may continue to said special license shall be made to the . p�chase and consume alcoholic beverages council in the same manner as application �d shall be treated for purposes of this • , for other licenses to sell intoxicating liquor ��lative Code as a person who is twenty are made. one(21)yeazs old. _ (c) No consumption or display wheA prohibifed �3) No sale shall be made in a.ny place or in No person shall consume or display or ailow 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 wben the sale of . . � such liquor is not permitted. (4) No person under eighteen(18)years of age may be employed in a place where intoxi- . (d) Private Christmas parties. Notwithstanding cating liquor is sold for consumption on the � any other provision of the Legislative Code, the Premises�except persons under eighteen(18) . license holder. of premises having an on-sale li- S ears of age may be employed as musicians cense may once a yeaz during t�e Christmas sea- or � bussing or washing dishes in a res-- - � son have a private party at no charge to the guests ��t or hotel that is licensed to sell in- . aft.er the ]awful closing hours; provided, that a �a��±ing liquor and may be employed as writt,en request for said party i� submitted to the waiters or waitresses at a restaurant,hotel — license inspector thirty (30) days prior to the pra or motzl where only wine is sold; provided, • posed date oi the party; and provided further, �at the person under the age of eighteen that no sales as defined by law of intoxicating , �18)may not serve or sell any wine. liquors or nonintoxicating nalt liquor shall be , � � made at or during said party. The inspector shall (5) Every licensee is hereby made responsible ' • notify the chief of police of the date of each pro- for the conduct of his place of business and posed party. required io�maintain order and sobriety in . (Code 1956, § 308.20; Ord. N�. 16815, 7-23-81; such place of business. Ord.No. 17037, 6-30-83; Ord.No. 17162, 9-27-84) (6) No licensee shall keep,possess or opera�e,.. or permit the keeping,possession or opera- Sec, 4Q9.08. Regulations generally. tion of, on any licensed premises or in any All licensees hereunder are hereby required to room adjoining the licensed premises any observe the following regulation.s; provided,how- slot machine, dice or any gambling device ever that any such regulation which specifically or apparatus, nor permit any gambling � zefers to an on-sale licensee shall not bind an therein(whether or not licensed by the state), off-sale licensee, nor shall any regulation which � nor permit the licensed premises or any specifically refers to an off-sale licensee bind an room in the same or in any adjoining build- on-sale licensee: ing d'uectly or indirectly under his control to be used as a resort for prostitutes or � (1) All sales shall be made in full view of the other disorderly persons, except that pull- public. . Supp.No.l 2�178 � " . - ~ ' LICENSFS � §409.08 " tabs and tip-boazds may be sold an licensed tions until one hour after the parade, to premises when such activity is licensed by ensure that patrons do not enter or exit the state pursuant to Miunesota Statutes, with beez or intoxicating liquor. Chapter 349, and conducted pursuant to regulations contained in this Legislative (11) There shall be provided in all zoniag dis- . Code. This exception shall not apply to es- tricts, other than B� or B-5 Districts, off- . tablishments licensed by the city for the street pazking spaces for all on-sale prem- sale of nonintoxicating malt beverages,non- ises as provided herein: � intoxicating malt beverages and wine, and a, Z}ansf'er or new issuance to a struc. noniritoxicating malt beverages and wine �-e newly constrncted 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. T�ansfer or new issuance to.an exist- mit the holding of a single event,such as a ing structure not previously Iicensed � banquet, that includes the sale of raffle for on-sale purposes during the twenty- � . � tickets as a part of the e�ent activity; pro- four (24) months preceding the appli- . vided, that such events are separate from cation, off-street parking at tbe rate of . the public areas of the licensed establish• � one space for each forty-five (45)square rsent, 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- (7) No dancing wherein the public participates, ous use af the same area under the r and no dancing, singing or other vaudeville existing zoning code provisions. Exist- exhibitions or entertainment shall be per- ing,parking which previously served mitted on the premises'of any on-sale li- the same area shall not be counted to _ censee unless such premises are duly lic�nsed meet the requirements unless any are in excess of what would have been re- • . for entertainment. quired for the pre�vious use. No acidi- _ . (8) The license issued to said licensee shall be tional off-street pazking 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 fewer spaces. . � • has been issued. c. Expansion of licensed area, off-street (9) No person shall remain in or loiter in the . Paz'king at the same rate as transfer or • ' parkirig lot of an on-sale licensee after the new issuance to an existing structure lawful clqsing hour. not previously licen.5ed for on-sale pur- poses, pius twenty-five (25) percent of � �(10) When a licensee is notified by the police any pazking shortfall for the existing department that a parade will be beld within licensed area. "Par�ng shortfall" shall one block of the licensee's establishment, mean the difference between one space all beer and all intoxicating liquor or Iiq- for each forty-five (45) square feet of � . � uid of any type sold during the entire day patron floor area for the existing licen..�ed of said parade shall be sold only in plastic area minus tl�e number of psrking 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.1 . 2179 M ` e��,,� _ �( D ( � ��7 7 3 —� CITY OF SAINT PAUL �� :�. � � OFFICE OF THE CITY ATTORNEY �° �`= `�;� �i��i�ii ii �� EDWARD P. STARR, CITY ATTORNEY '>• ^- `%,,,��`t��,,.�� 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR ��^�'� � �/ S�p '3 � September 22 , 1988 '��IST/�� ' --AR►N(� , Ms. Anne Marie Dragicevich NOTICE OF HEARING � Snelling Avenue Fine Wines 500 North Snelling Avenue Saint Paul, Mn. 5514J4 RE: Snelling Avenue Fine Wines, 5�0 No. Snelling Dear Ms. Dragicevich: This is to notify you that a hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: October 17, 1988 Time: 1:15 p.m. 1503 City Hall Annex 25 W. 4th Street, St. Paul , Mn. 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Jon L. Lunde Fifth Floor, Flour Exchange Building 310 South Fourth Street Minneapolis, Mn. 55415 Telephone: 341i7645 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses , under Chapter 310 , including sections 310.05 and 310. 06 , of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor , authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows : w On August 4, 1988 , a clerk in the licensed premises sold a' twelve=pack of Budweiser beer to two minors in violation of section 409.08 (2) of the Saint Paul Legislative Code, and section 340A. 5f�3, subd. 2, of Minn. Stat. 1986. On June 23, 1988 , the owner sold beer to a minor in the licensed premises in violation of section 4�J9.08 (2) of the Saint Paul Legislative Code, and section 340A.54J3, subd. 2, of Minn. Stat. 1986. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not 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 section 310.05 of the Saint Paul Legislative Code as may be applicable. , � At hearing , the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross=exam ine. The 1 icensee may then of fer 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 licensed premises m ay have substantial interest in the outcom e 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 recomm endation for action to be taken. You should bring to the hearing all docum ents, records and witnesses you will or may need to support your position. Subpoenas may be available to com pel the attendance of witnesses or the production of docum ents in conformity with Minnesota Rules, part 14�10.74J0�. � If you think that this matter can be resolved or settled without a formal hearing, 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 this 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 public unless objection is made and relief requested under Minnesota Statutes, section 14.6g, subdivision 2. Very truly yours, � PHILIP . BYRNE Assistant City Attorney (612) 298-5121 Atty. Reg. No. 13961 cc: Joseph F. Carchedi License Inspector Lt. Donald Winger Vice Unit Albert B. Olson City Clerk �;Paf+�r- �Fu�call Office of Administrative Hearings `k,,a,N71it . - . �. , ~ y � � � � � ,,,,,�,�,�� :� � � � � � , �' � �� - . ., � . , � � , � . �, G�, � j � . -� $$� �. � STATE OF MIN:VESOTA f� .��. County of Ramsey � �� ,-r� � ' � CiTY OF SAINT PAUL � ;,: 4' ��°`�' � ao.� �n . �'H/d •�_ � �u� {-! •r1 ��t � ` [-u 'U O ul , �� I � C/Z � - ...._ ' 4 .� � � . - ' 1� • � • • • • tf11JCr . • �'r� v � � . �� ^ a�`"':� c� � City af Saint Paul, u ,.�„� ,,� �4ra u a,, ,..i � o �c �+ o compared the attac?� � c�W o c� as adopted by the C •a^'u o o � 1_ `y � C:':4�r-I,-I •,.� G�. C:(�yM � and approved by th� N ' O with the original � � . �, � >- o W �n Z N � C I further ce� O � � of said original } a �- .� WITi�TESS ny t W •� _ �" Minnesota this . � �o �. O = W �„�", U U � � n O `T � �.. .'�wr r�p< , o .. 4 � u�� , r',1��Y'V" . � "��?t- _ uTr c��K • �- ♦ ..�., �, . . ..—. .�. .�,,.,. -� '',:Ni: � �L FINANCE � COLLI1C11 rC.AP'ARY�iOF,PARTMENT - GITY �OF SAINT PAUL 1 ��?�� q'cOk —A/AYOq . � F3tE' NQ. PBB/City Attny. � � � , ;� 4rd��nce � o��nan�e N o. Amdt. ��4 Preseated By � � 1� , �'�Referred To Committee: Date �.. �Out of Conimittee By � Date An Ordinance amending Chapter 409 of the ; Saint Paul. Legislative Code pertaining � to Intoxicating Liquor; nroviding - presumptive �enalties for liquor licensed establisr�ents . THE COUNCIL OF THE CITY OF SAINT PAU'L DOES ORDAIN: Section 1 . That Chapter 409 of the Saint Paul Legislative Code is hereby amended so as to add the following new provisions thereto: Sec. 489-��- 409.26 . Intoxicating liquor; ad�e�se kea��xgs; een�a�e��ensf��e�e�}ens; presumptive penalties. a) P�ur o�se. The purpose of this section is to , establi� a standard by which the City Council determines the length of license suspensions; and revocations , ��nes-aadfe�-�ke-g�ae�ag-e�-eea�.�� e��s t��ea-�ke-bt�s�xess-�}eeases; and shall apply to all on-sale and off-sale licensed premises . These � enalties are resumed to be aP�ro riate�-every case, owever t e�Council ma deviate t ere rom in an individual case where the Council in s and etermines that t ere exist substantia and com- e lin reasons ma in it more a ropriate to 0 so. _ en eviatin rom t ese stan ards t e Council shal provide written reasons which speci y why the penalty selected was more appropriate. COUNCIL MEMBERS � - Yeas Nays . t Requested by Department of: Dimond � • ��g In Favor Goswitz Rettman �/ s�e�t�i Against BY , Sonnen Wilson Form Appr ved by Cit Attorney Adopted by Council: Date � - Certified Passed by Council Secretary By , � `r�� By Approved by Mayor: Date Approved by Mayor for Submission to Council By By c • •� �� • . • • + . g �17�� /� . -2- b) Pres t�ive �enalties �for �iol�at�i:ons . Adverse � penalties or convictions or vio ations s a 1 be presumed as �follows : � � TYPE OF VIOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION 1: Commission of Revocation NA NA a felony related � to the licensed . . � 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. � 5. After hours 3 Consecutive 9 Consecutive Revocation sale or display Days Sus- Days Sus- � of alcoholic pension pension beverages. 6. Refusal to 5 Consecutive 15 Consecutive Revocation allow City ' 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. . : � _ � `i-L-� . y � .. . .. - �?, �� r� � _3_ TYPE 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 violation; and shall consider a violation as a third occurrence if it occurred within 30 calendar months of the second violation. d} E�-ge��e--eeri��ee�s .---��-e-�}eenge-aia��e�-I�as-been sekedt��ed-�e�-aa-ad�e�se-kea��ag;-eet�ne��-aiea�be�s-s1�8.��-se� d�set�ss-�ke-��eesse-a�a��e�-Ea}�k.-eaek-e�ke�-e�-�a��k-arn�-e� ��.e-ga��es-�x�*e��ed-��-�ke-�a��e�-t�a�ess-stj.ek-d�seta.s s�en eeet��s-ea-�ke-gt�b��e-�eee�d-�.��ag-��ie-gt�b��e-kea�}�gs-e� �ke-a�a��e�-e�-dt��r�g-�ke=eet�e��=s-��a�-de��be�a�}exs-e� �ke-�a��e�- e3 d) Other penalties . Nothing in this section shall � 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 �coridit�ioris �or take �ari � �other adverse �act�ion �in �accor ance wit � aw, e�-��e a��eas-e� se�.ee�g �aaee-Fa��i-ea-agp �eab�e-s�a�t��e;-��e-e�-e�d�xaxee — �e�a��xg-�e-a�eeke��e-�e�e�eges; provided that the license _ holder ha� been afforded an o ortunit � for a hearing in the manner provided for in Section . of this Code. . _. , �� -�� ` � . : � , ' . . , . , . � � � � Ordindnce o�»n��No. �� . resentea By . . . . Referred To Committee: Date Out of Committee By Date . . ' -4- � ' ; � � � - � . Section 2. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. , + . COUNCIL MEMBERS Requested by Department of: • � - ' . v� Nays �{ - .. Dimond 1_ . • �A8 xJ In Favor. . .. • Gosvitz . Reennan B • �6e1�� Against Y Sonneo __ � ' . `�'°"� APR 2 81988 � Form App oved by 'ty Attorney . �dopted by Council: Date ` � � �-�� :ertified P Council S t � BY By ' ¢ �ppcov y Mayor te 9 ��u Approved by Mayor for Submission to Council � � � BY p�usH�o r�aY � �saa. � . ,, `��` LICENSES §310.01 '"'•;;,i :�:;;'`: `;::�+?:- SUBTITLE A.IN GENERAL Legislative � Code Chapter 310.Uniform License Procedures Class I Licenses Chapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter, any chapter of Distributing 316 the Legislative Code pertaining to licenses as here- Amusement ftides 317 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 Contractors 320 authority of the City of Saint Paul, the terms Boarding and Roominghouses; defined in this section shall have the meanings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 � Christmas ZYee Sales 323 Aduerse action means the revocation or suspen- Cigarettes 324 sion of a license, the imposition of conditions upqn � Close-Out Sales 325 a license,the denial of an application for the grant, guilding 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 Appliance Repair 328 � a license. Fire Alarm—Telephone Devices; �'��.�`�~" Apparatus Installers 329 �:�:;��.:�_;;. `t;=:•-_.��" Bond means a bond meeting the requirements � 330 �:�_�--> Florists of Section 310.07 and indemnifying the City of Food License 331 Saint Paul against all claims,judgments or suits Fuel Dealers—Liquid Fuel 332 caused by, resulting from or in connection with Fuel Dealers—Solid Fuel 333 " any licensed business, activity, premises, thing, Fumigating—Pest Control 334 facility, occurrence or otherwise under these Gasoline Filling Stations 335 chapters. Private Fuel Pumps 336 Building off cial means the supervisor of code Hardware Stores 337 enforcement in the department of community House Sewer Contractors 338 Ice Cream Processing and Distrib- services. 339 - uting Chapters and these chapters shall mean this Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk 341 Legislative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 for Class I, Class II and Class III licenses under Peddlers 345 authority of the City of Saint Paul. Soliciting 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- R.ental of Clothing 349 tor, subject to the procedures required by these Rental of Hospital Equipment 350 chapters. The following licenses are so classified, ftental of Kitchenware 351 and the numbers shown opposite them correspond ftental of Trailers 352 ��`�' to the chapters in the Legislative Code pertaining Roller Rinks 353 i�:;`f��• ,..,. �;-:;��y`�;; to each license: Sanitary Disposal 354 �::` Supp.No.4 ' 202? , .'_.1 §310.01 LEGISLATIVE CODE _ ^ir;,. . Legislatiae Legislative Code Code Class I Licenses Chapter Class Ili Licenses Chapter Secondhand Dealers 355 Auctioneers 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 Game Rooms 406 Tow Trucks—Service Vehicles 361 Hotel 407 ZYee 1�imming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Masseuse 414 Building�ades Business Licenses 369 Motion Picture Theatres 415 Building Trades Certi�cates of Motion Picture Drive-In Theatres 416 Competency 370 Parking Lots 417 Finishing Shop 371 Taxicabs 418 Tire Recapping Plants 372 Gambling License 419 =_ 1'ransient Merchants 373 - ' Class II licenses means those licenses which Director means the director of the department • must be approved or denied by the director, sub- of finance and management services, unless oth- ject to the procedures required by these chapters. erwise defined in the specific chapter, section or The following licenses are so classified, and the subdivision referred to. numbers shown opposite them correspond to the Diuision means the division of license and per- chapters in the Legislative Code pertaining to mit administration in the department of finance each license: and management services. Legislatiae Class II Licenses Code Fee means and includes both the license fee and application fee unless otherwise provided. Auctioneers—Short Term License Chapter 390 City Gambling Permit Section 402.06 License means and includes all licenses and Soliciting Funds—Tag Days Chapter 391 permits provided for or covered by these chapters. Temporary On-Sale Beer Section 410.10 Person means and includes any person, firm, Temporary Wine and Liquor Section 409.25 corporation, partnership, company, organization, Class III licenses means those licenses which agency, club or any group or association thereof. can be approved or denied only by the council, It shall also include any executor, administrator, subject to the procedures required by these chap- �stee, receiver or other representative appointed ters. The following licenses are so classified, and by law. � the numbers shown opposite them correspond to Zoning administrator means the supervisor of . the chapters in the Legislative Code pertaining to code enforcement in the department of commu- each license: - r': - Supp.No.4 , � "2028 r;,~�',:�. LICENSES $310.02 � �fY i. •A.1�. •"Y ',t�: nity services, or the official charged with respon- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, §510.01;Ord.No.17303, §3,10-29-85; in subsection (1) above, the license may be re- Ord.No. 17569, § 1, 6-7-88) � voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- (a) Form. All applicants for licenses or permits ted by each applicant in his application, in addi- issued pursuant to these chapters shall make both tion to that required by specific sections in these original and renewal applications to the inspector chapters, as may be necessary to carry out and on such forms as are provided by the division. enforce any provision hereunder. He shall require Such applications shall not be received by the in every case the applicant to submit his name; inspector until completely filled out, accompanied business or�corporate name; names of partners, by all fees, insurance policies, bonds, deposits, officers,directors,shareholders or trustees involved sureties, and indemnifications or certificates re- in the business; age; address; description or blue- � quired by these chapters, together with the certi- print of the premises,if any,and the owner thereof, �ication required in paragraph(b)below. and locations and addresses of other business lo- - cations in Minnesota. (b) Taxes. No person shall be granted a license, � a renewal of a license or transfer of a license (d) No reapplication within one year after de- required by the Saint Paul Legislative Code un- nial or reuocation. No person may apply for any less, prior to and in addition to any other require- license within one year of the denial or revoca- ments,rules or ordinances heretofore or hereafter tion of the same or similar license by the city y:':��;,;�';'?;. required,the Ramsey County Department of Prop- council, if such denial or revocation was based ��:��:�:':' erty Taxation certifies that said applicant has solely or partially upon misconduct or unfitness - paid any and all taxes, real or personal, before of the applicant, evidence of violations of law in- said taxes become delinquent, on any property, volving licensed premises, evidence that the ap- real or personal,situated within the City of Saint plicant had been involved in the operation of a Paul and used in connection with the business nuisance, or fraud or deception in the license ap- operated under said license. plication. Denial of a license, as used in this para- graph, shall include a refusal of permission to Notwithstanding the previous paragraph, the transfer a license to the applicant. A license is council, the director or the inspector may issue, "similar,"within the meaning of this paragraph, renew or transfer a license if it is found that: if the basis upon which the revocation or denial of the original license was made would have been a (1) The applicant has made an agreement sat- relevant basis on which to deny or revoke a li- isfactory to the Ramsey County attorney to cense of the type subsequently applied for. pay delinquent taxes in periodic installments; (e) Reapplication after denia� "interest" of aFr (2) The applicant has properly commenced a plicant in revoked license. An application by a proceeding to contest the amount of tax person having an interest in,or whose sharehold- due or the valuation of his property, and ers or officers have an interest in, any premises has made all partial payments required by ar enterprise whose license has been revoked or law in connection with such proceeding; or ��,hich a license has been denied shall be treated (3) The business property with respect to which �an application by the person whose license was taxes are delinquent is not owned by the denied or revoked. The term "interest," as used applicant, but by a lessor, and it would be in this paragraph, includes any pecuniary inter- inequitable to require the lessee to pay such est in the ownership, operation, management or taxes. profits of an establishment, but does not include: �,''.. .-, . '�-�-a'�� Supp.No.4 2029 .. �'�= s�3.� �:110.0'L LEGISLATNE CODE ±':.'•5,.-�'t.''::_:. bona fide loans;bona fide rental agreements;bona priate, the assistance of other city divisions or fide open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- ble ordinances and statutes.The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for or operating a hotel but having at least one hun- issuance of a license unless otherwise required by dred. fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the t�;) Waiting period aftcrr fling of petition. Any building official for investigation and recom- petition required to be filed with the application mendation. for any license shall not be considered as off`ic- (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recommenda- office. During the seven-day waiting period, any tions. signator of any petition may withdraw his name (a) Class 1 licenses. Where an application for _ _ therefrom by written request, and such request the grant,issuance,renewal or transfer of a Class shall be appended to the subject petition and made I license meets all the requirements of law, and ' a part thereof. After the seven-day waiting peri- there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is suspension of,or the imposition of conditions upon, shnwn they were obtained by fraud or duress. such license,the inspector shall grant,issue,renew Signatures withdrawn or obtained by fraud or or transfer said license in accordance with the duress shall not be counted in determining the application. sufficiency of the petition. This subdivision shall apply in any case where the applicant for a li- (b) Class II licenses. Where an application for cense or license transfer must present a state- the grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or II license meets all the requirements of law, and percentage of persons that they have given their there exists no ground for denial, revocation or consent to the grant of the license or license transfer. suspension of,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in accordance with the application. applications,etc. (c) Class I and Class II licenses, if denied by The inspector shall determine the sufficiency inspector or director. In the event the inspector, and accuracy of each new application and obtain in the case of Class I licenses, or the director, in such criminal history information as may be used the case of Class II licenses, determines that the � under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- otherwise available by law. The inspector shall fer of the license does not meet all the require- make reasonable and appropriate investigation ments of law or that there exist grounds for deni- of the premises or personal property, vehicles or al,revocation,suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector - - licensed activity, and shall request, where appro- or director shall recommend denial of the applica- Supp.No.4 �� 2030 ::=;-'�, LICENSES §310.05 tion and follow the procedures for notice and hear- determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay (d) Class III licenses. Upon receipt of a fully the issuance•of the license. (Code 1956, § 510.04; Ord.No. 17455, § 1, 5-21-87; completed application and required fees for a Class Ord. No. 17551, § 1,4-19-88) III license, and after the investigation required, � . . the inspector shall notify the council. A public hearing shall be held by the council's committee �c. 310.05. Hearing procedures. designated to hear license matters on the grant, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III licenses. The ments. In any case where the council may or in- council's committee designated to hear license ma� tends to consider any adverse action, including ters may hold a hearing on the renewal of any the revocation or suspension of a license,the im- Class III license. In any case where the inspector position of conditions upon a license,or the denial recommends denial of the grant,issuance,renewal of an application for the grant, issuance,renewal or transfer of a Class III license, or where the or transfer of a license, the applicant or licensee council's committee designated to hear license mat- shall be given notice and an opportunity to be ters believes that evidence might be received at heard as provided herein. The council may con- the public hearing which might result in action , sider such adverse actions when recommended by adverse to the application,the inspector or coun- the inspector, by the director, by the director of cil's committee designated to hear license mat- �y executive department established pursuant ters shall follow the procedures for notice and to Chapter 9 of the Charter,by the city attomey hearing as set forth in Section 310.05.Where the or on its own initiative. application for the grant, issuance, renewal or _. transfer of a Class III license meets all the re- (b) Notic� In each such case where adverse ac- quirements of law,and where there exists no ground tion is or will be considered by the council, the ''_ for adverse action,the council shall by resolution council shall in writing notify the applicant or direct that the inspector issue said license in ac- licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled (e) Appeal; Class I or Class II licenses. An ap- to a hearing before the council. The notice shall peal to the city council may be taken by any be served or mailed a reasonable time before the person aggrieved by the grant,issuance,renewal hearing date, and shall state the place, date and or transfer of a Class I or Class II license;provid- time of the hearing. The notice shall state the ed,however,that the appeal shall have been filed issues involved or grounds upon which the ad- with the city clerk within thirty (30) days after verse action may be sought or based.The council the action by the license inspector or director. may request that such written notice be prepared The only grounds for appeal shall be that there and served or mailed by the inspector or by the has been an error of law in the grant, issuance, city attomey. renewal or transfer of the license. The appeal (c) Hearing. Where the cause for the adverse shall.be in writing and shall set forth in particu- hearing is based upon a violation of law and there lar the alleged errors of law. The council shall is no dispute as to the facts underlying the viola- conduct a hearing on the appeal within thirty(30) tion, the hearing shall be held by the council's days of the date of filing and shall notify the committee designated to hear license matters.Oth- licensee and the appellant at least ten (10) days erwise the hearing shall be conducted before a prior to the hearing date.The procedures set forth hearing examiner appointed by the council for in Section 310.05, insofar as is practicable, shall that purpose. The applicant or the licensee shall apply to this hearing. Following the hearing, the be provided an opportunity to present evidence council may aff'irm or remand the matter to the and argument as well as meet adverse testimony inspector or director,or may reverse or place con- or evidence by reasonable cross-examination and - � ditions upon the license based on the council's rebuttal evidence. The committee or hearing ex- �: _:�'� Supp.No.4 2031 3 310.05 LEGISLATIVE CODE "� '� .':;��,:-� aminer may in its discretion permit other inter- (fl Council action; resolution to contain findings. ested persons the opportunity to present testimony Where the council takes adverse action with re- or evidence or otherwise participate in such hearing. spect to a license, licensee or applicant for a li- (c-1) Procedur� hearing examiner. The hearing cense,the resolution by which such action is taken examiner shall hear all evidence as may be pre- $hall contain its findings and determination, in- sented on behalf of the city and the applicant or cluding the imposition of conditions, if any. licensee, and shall present to the council written (g) Additional procedures where required Where findings of fact and conclusions of law together the provisions of any statute or ordinance require with a recommendation for adverse action. additional notice or hearing prceedures, such pro- The council shall consider the evidence contained �Sions shall be complied with and shall super- in the record,the hearing examiner's recommended �de inconsistent provisions of these chapters.This findings of fact and conclusions, and shall not shall include,without limitation by reason of this consider any factual testimony not previously sub- SPec�c reference, Minnesota Statutes, Chapter mitted to and considered by the hearing examin- 364,and Minnesota Statutes,Section 340A.415. . er. The council at a public hearing shall provide (h) Discr¢tion to jcear notwithstanding withdrawal the applicant or licensee an opportunity to present or surrender of application or license. The council oral or written arguments alleging error on the �ay, at its discretion, conduct a hearing regard- part of the examiner in the application of the law �g revceation or denial of a license notwithstand- or interpretation of the facts, and to present tes- �ng that the applicant or licensee has attempted timony related to the recommended adverse ac- ar p��}��aw or surrender said license tion. Upon conclusion of the hearing, and after or application, if the attempted withdrawal or considering the record, the examiner's findings surrender took place after the applicant or licen- - and recominendations together with such additional see had been notified of the hearing and potential arguments and testimony presented at the hear- adverse action. ing, the council shall determine what, if any, ad- verse action shall be taken,which action shall be (i) Continuances. Where a hearing for the pur- by resolution. The council may accept, reject or pose of considering revocation or suspension of a modify the recommendations of the hearing ex- license or other disciplinary action invoIving a aminer or committee. license has been scheduled before the council, a continuation of the hearing may be granted at (c-2) Ex parte contacts. If a license matter has the request of the licensee, license applicant, an been schedule for an adverse hearing,council mem- interested person or an attorney representing the bers shall not discuss the license matter with foregoing,only as provided herein: each other or with any of the parties or interested persons involved in the matter unless such dis- (1) Where the request is made at least twenty- cussion occurs on the public record during the four(24)hours prior to the scheduled hear- public hearings of the matter or during the coun- � ing,the president of the council or the coun- cil's final deliberations of the matter. cil may continue the hearing upon a show- ing of good cause by the party making the (d) Licensee or applicant may be represented request. The licensee or applicant may represent himself or choose to be represented by another. (2) Where the request is made less than twenty- four(24)hours before,but not on the day of (e) Recor� evidence. The council shall receive the scheduled hearing,the council may con- and keep a record of such proceedings, including tinue the hearing upon a showing of good testimony and exhibits, and shall receive and give cause by the party making the request. weight to evidence, including hearsay evidence, which possesses probative value commonly accepted (3) Where the request is made on the day said by reasonable and prudent persons in the conduct hearing is scheduled,the council may grant of their affairs. a continuance on the condition that the �;=: - _ H�.M'�,.�;�� Supp.No.4 . 2032 '�°• LICENSES $310.07 party requesting the continuance pay to (7) The activities of the licensee in the licensed the City of Saint Paul the city's actual costs activity create or have created a serious for the court reporter and witnesses 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, § 510.05; Ord. No. 17551, § 2,4-19-88; manner. Ord. No. 17559, §§ 1, 2, 5-1?-88) (g) F��keep sidewalks or pedestrian ways reasonably free of snow and ice as required Sec. 310.06. Revocation; suspension; adverse under Chapter 114 of the Saint Paul Legis- actions. lative Code. (a) Council may take adverse action. The coun- (9) The licensee or applicant has shown by past cil is authorized to take adverse action against misconduct, unfair acts or dealings, or by any license or permit, licensee or applicant for a the frequent abuse of alcohol or other drugs, license,as grovided in and by these chapters.Such that such licensee or applicant is not a per- ' actions shall be initiated and carried out in ac- son of the good moral character or fitness cordance with the procedures outlined in Section required to engage in a licensed activity, 310.05. business or profession. (b) Basis for action. Such adverse action may (Code 1956, § 510.06) be based on one or more of the following reasons, �c. 310.07. Termination of licenses; surety which are in addition to any other reason specifi- bonds;insurance contracts. .�::,-� .. cally provided by law or in these chapters: (1) The license or permit was procured by mis- �a) Automatic termination, reinstatement; re- . representation of material facts, by fraud, sponsibility of licensee All licenses or pernuts which by deceit or by bad faith. must,by the provisions of these chapters or other ordinances or laws, be accompanied by the filing (2) The applicant or one acting in his behalf and maintenance of insurance policies, deposits, made oral or written misstatements or mis- ;uarantees, bonds or certifications shall automati- representations of material facts in or ac- cally terminate on cancellation or withdrawal of companying the application. said policies, deposits, bonds or certif"ications. No (3) The license was issued in violation of any licensee may continue to operate or perform the of the provisions of the Saint Paul Zoning licensed activity after such termination. The li- Code. censee is liable and responsible for the filing and maintenance of such policies, deposits,guarantees, (4) The license or permit was issued in viola- bonds or certifications as are required in these tion of law, without authority, or under a chapters, and shall not be entitled to assert the material mistake of fact. acts or omissions of agents, brokers, 2mployees, (5) The licensee or applicant has failed to com- attorneys or any other persons as a defense or ply with any condition set forth in the li- Justification for failure to comply with such filing cense, or set forth in the resolution grant- and maintenance requirements. In the event the licensee reinstates and files such policies, depos- ing or renewing the license. its,bonds or certifications within thirty(30)days, (6) The licensee or applicant has violated any � of the provisions of these chapters, or of any statute, ordinance or regulation rea- sonably related to the licensed activity,re- gardless of whether criminal charges have or have not been brought in connection therewith. :;��' Supp.No.4 2032.1 � LICENSES $310.09 `,�:;_s::'- 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, bonds, guarantees or certifications plicant must reapply for a renewal of his license shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: �Code 1956, § 510.07) (1) Surety Companies: All surety bonds rur_- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be 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 or 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: All 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: Each insurance pol- authorized, at the request of the licensee, to de- icy required to be filed pursuant to these termine a uniform date for the expiration of all or chapters shall contain the endorsement set any number of such licenses,notwithstanding the forth in Chapter ? of the Saint Paul Legis- ��and expiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these 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 �c. 310.09. Fees. licensed business, premises, activity, thing, (a) Application charge: facility, occurrence or otherwise licensed under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination 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 . - �P�- �93 � $310.09 LEGISLATNE CODE /;F=�`.:-. (2) ftefunds: Said two dollar fifty cent ($2.50) met when the license has lapsed by reason of processing charge shall not, under any cir- expiration. cumsta.nces,be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee schedule. The council may by ordinance $ec. 310.10. Refunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de- these chapters, and a separate fee schedule for niec�seruice 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- �� Limitation on refuna� other cases. In all other rect costs and expenses, such as salaries, wages, cases as provided in paragraph (c), the inspector benefits and all personnel costs including train- may�refund not to exceed one hundred dollars ing, seminars and schooling, expenses of investi- gations and inspections, handling of inquiries and «100.00) of fees received in connection with any requests for assistance, telephone and communi- 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 �; �-• sede inconsistent fee provisions in these chapters or application. The director may refund not to __ or in other ordinances or laws. exceed two hundred fifty dollars($250.00)of such fees upon a like certification by the inspector. (c) Fee for one year; may be prorated Unless The council may by resolution authorize all re- otherwise specifically 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 by the particular licensing provisions in- so damaged by�re or any other cause that volved, an applicant for the renewal of a license the licensee ceases for the remainder of the who makes application for such renewal after the licensed period to engage in the licensed � expiration date of such license shall be charged a activity or business; late fee for each such license.The late fee shall be �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 in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion,denial or any criminal activity on the ance of an original license than would be the case part of the licensee. for mere renewal, those requirements must be (Code 1956, as amended, § 510.10) . . ��."�� _'-� , �;- - �i:`;. 2034 LICENSES $310.11 :_;:��;'� Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a privilege, not property. All licen- any transfer of license is made effective by the ses or permits issued by the City of Saint Paul action of approving the transfer. pursuant to these chapters or other ordinances or (fl Transfer; defnition. "ZYansfer," as used in laws confer a privilege on the licensee to engage these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person,or from place to place,or a transfer not constitute property or property rights or cre- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- «�ansfer," as used in these chapters, shall not tached,executed upon,assessed or in any manner include the instance where a license is held by an taken for the purpose of satisfaction of any debt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferabl� conditions. All licen- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be trans- individual or by the members of said partnership. ferable unless the specific chapter of the Saint (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each specific . cation. In the case of a transfer from person to license shall specifically prohibit the transfer of person, the application for transfer shall be ac- such license. No transfer of any Class III license companied by a written assignment of all rights issued by the City of Saint Paul shall be effective of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public hearing and in form required of an original licensee. .. by the council's committee designated to hear li- cense matters and a resolution approving said (h) Public corporations. Notwithstanding other -- transfer is passed, approved and published. Both provisions of this chapter, publicly owned corpo- the transferor and transferee shall make applica- rations whose stock is traded in the open market tion for transfer of a license on such forms as may may comply with the transfer requirements per- be prescribed by the division, and in accordance taining to stock ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer tax. In all cases of transfer of a and addresses of all stockholders of record upon license from a present licensee to any other per- each renewal of the license. � son, there shall be a tax on said transfer in the (i) Affidavit of transferor. No license transfer amount of twenty-five (25) percent of the annual shall be effective unless the transferor submits license fee charged for said license, said tax to be an affidavit of such transferor,taken under oath, paid by the transferee. stating the following: (d) Transfer taa� deposit retained or returned (1) That in the case of Class III licenses, the Whenever an application is made for transfer of a transferor-�ant has posted notice to all license, the amount as set out in paragraph (c) employees in a conspicuous place on the shall be deposited with said application. If the licensed premises notifying all employees transfer of license is approved,the amount depos- of the time,place and date of hearing of the ited shall be retained by the city.If the transfer is transfer of the license to be held before the denied,the amount deposited shall be returned to Saint Paul City Council; the party depositing the same,in accordance with (2) That said notice specified in subparagraph the requirements and conditions in Section 310.10. (1)above was posted continuously for four- (e) Transfer tv� exception. Paragraphs (c) and teen(14)days; (d)shall not apply in any case when,by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full annual li- owing the persons employed by the trans- :.:`Y.: _ censee fee or a prorated yearly annual license fee feror or that an agreement has been reached �`'yl. Snpp.No.4 2035 :'�J. $310.11 LEGISLATNE CODE "=�-. _•_.;.:.:_.: ` �y�',<. " - between transferor and all employees as to (Code 1956, § 510.11;Ord.No. 16822,9-3-81;Ord. the payment of wages due and owing; No. 17551, § 3,4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any • pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health officer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (Code 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee �c. 310.14. Savings clause. may consent to and seek to transfer said license �a� jf any provision in�these chapters is held to the surviving spouse of the licensee.The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approval under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any �� e repeal of any ordinance by ihis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not nance) shall not affect or impair any act done, limited to, pension, hospitalization, medical and any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- ing or prosecution had or commenced in any mat- grams;provided, that any person or organization �r,prior to the date this ordinance became effec- objecting to a transfer because of failure to pay tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs shall shall remain in full force and effect to all intents file a written notice of objection with the license and purposes as if the repealed ordinances had inspector seven (?) days prior to the scheduled themselves remained in force and effect. Every public hearing on the transfer, and said notice such suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- tinued after repeal as though the repealed ordi- tor's claim. nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is prosecution which is based upon an act done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent�to - license,handle all said licenses as Class]II licenses. repeal of the repealed ordinances,shall be brought `�~'�°�� <<:-: : .':`�'; Supp.No.4 � � 2036 fi;�:�;:?;,,., LICENSES 4 310.15 ��.k' Y`�'; pursuant to and under the provisions of such re- pealed ordinances as though they continued to be in full force and effect. (Code 1956, § 510.14) � Sea 310.15. Penalty. Any person who violates any provision of these chapters, or other ordinances or laws relating to licensing, or who aids, advises, hires, counsels or ,:t:. �,,. ��';`.>n:.,.� �"=� Supp.No.4 2036.1 ��`:. LICENSES $318.01 conspires with or otherwise procures another to Sec. 316.02. Fee. violate any provision of these chapters or other ordinances or laws relating to licensing is guilty The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentenced in ac- (Code 1956, § 384.02) cordance with Section 1.05 of the Saint Paul Leg- islative Code. The term "person," in addition to Chapter 317.Amusement Rides the definition in Section 310.01, shall for the pur- pose of this section include the individual part- �c. 317.01. License required. ners or members of any partnership or corpora- tion,and as to corporations,the officers,agents or No person shall engage in the business of pro- members thereof,who shall be responsible for the viding amusement rides,for charge,to the public violation. in Saint Paul without a license. (Code 1956, § 510.15) (Code 1956, § 411.01) Sec. 310.16. License fees,annual increases. Sec. 317.02. Fee. Effective on January 1 of each calendar year, The fee required is one hundred dollars($100.00) all license fees, except building trades business - for each location at which such person will oper- license fees and fees for building trades certifi- ate and maintain the business of providing such cates of competency, shall increase by the per- rides. centage increase in the budget for the division of (Code 1956, § 411.02) license and permit administration of the depart- ment of finance and management services. Prior �y8p�r 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$3; for business purposes any coin-operated mechani- Ord. No. 17303, § 4, 10-29-85) cal amusement device without a license. A coin- operated mechanical amusement device is hereby Chapters 311-314. Reserved defined as any machine which,upon the insertion of a coin, token or slug, operates or may be oper- SUBTITLE B. CLASS I LICENSES ated by the public for use as a game, entertain- ment or amusement, which amusement device contains no automatic payoff device for the re- Chapter 315.Reserved* turn of money, coins, checks, tokens or merchan- dise, or which provides no such pay-off by any Chapter 316.Animal Foods other means or manner.The term"coin-operated Manufacturing and I}istributing mechanical amusement device" shall include so- called pinball machines; music machines; coin- Sec. 316.01. License required. operated television units;motion picture machines; amusement rides, excepting those provided for No person shall engage in the business of the �der Chapter 317,pertaining to amusement rides manufacture or distribution of animal foods in af 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 a coin or token, operate for the entertainment or _ _ from§§345.01-345.03 of the city's 1956 Code,were redesig- ��ment of the player,except weighing machines. nated as Class III licenses by Ord.No.17207,adopted Jan.31, �.�_,?,w;;.;:.' 1985,and recodified as Ch.423. (COde 1956, §§ 412.01,412.02) 2037 . __ , _ _ . ..�. , . . . �,..�.a,�.„- . _ .:. ��,�.,,�..,.,�..:��.�,...:�.�x�.y.:�:.��.-�,w.� � � � ^��C� . WMITE - CtTV CIERK COUtIC1I PtNK� -� FINANCE � ' �� ° - BIUERY-MAVORTMENT GITY OF SAINT PAUL File NO. r�'-•` C;ity Att*_�v1PrB • { Ordindnce Ordinance N 0. /�� '�j" • �, . , ;' , ; �` . • `:- .. Presentsd By � � � � ' � Referred To . Committee: Date ;,� Out of Committee By Date Ar. ordirance �o a�.end section 3I�.�3b � of the Saint Paul Legislativ� Cade by �� addin�; c�arifgi�� lan�ua�;e cenc�rnin; �he imuosi�io� oi conciitions. T�±r. COT.I"3CIL ��' .'�'H� GI�'Y 0�� S�lII3T �'AU'L �OES CR�J�I�: , . ^ r � ,,. .: _ . �', l�.: 'J . �V;n v S�ctiou 1 ` '° : Section 310.Ob of the Sai.nt Paul Legisiative Co�e is her�bp a�:e:�ded b;� addir_� the follawirig new subseetion {c) : 'r(c) Tti�Qn a reasonab3.e basis i� x"ound to i�r�o�e reasanab+o eoztditions and/oz restrictions u�or s z�cense i��ued or h�Id under these c�?an�ers, ar:� on� or mare suc�z reasonable co*:ditions andf or rAstrictions ;r:ag be i�osed �*�or. such Iicen�e for the �urnos� of aro�.-�otizg �ub?ic h�alt'�, sa��t�� nd jaelrare, of a�vancing thr� ;�ublic peace and t�e �li�ination of co�diti�ns or actions which constitute a ��3is��ce or a detr{raer.t to t�.e peaceful anjo�.ent az urba� Iif�, or promQting securit7 and safetp ir. nearby nei�i2borhoods. �uc�� r��scma�ale condi.tians and/ar r�strictio*�s �r.a� include or per�ain to, but are not li�ited to, COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g In Favor Goswitz Rettman Sc6eibel A gains t BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Councii Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY _ . _. . ' . : . ' . . . (;�c�_ �«`' - ; - . . . . �T�� . � -2= . : (1) a limitation on the hours of operation of the licensed business or establishment, . or on particular types of activities con- ducted in or on said business or establish- ment; _ _ . . (2) a limitation or restriction as to the location within the �licerised business or establishment whose particular type of . activities may be conducted; . (3) a limitation as to the means of ingress or egress from the l�icensed - �-� - - - ��-- - - � �-� establishment or its parking lot or - immediately adjacent area; (4) a requirement to provide off-street parking in excess of other requirements of law; (5) a limitation on the manner and means of advertising the operation or merchan- . dise of the licensed establishment; (6) any other reasonable �condition or restriction limiting the operation of - --- --- -----�the licensed business or establishmerit � to -insure that the said business or establishment- will harmonize �w'ith the � � --- - - - --- -�-- -- - ===character of the area. in which it is � _ _ . ,------ � _ located, or to prevent_.the_ development _ . _ �- _ . ._ .. -.. _ . - - - -- �—� �- - ---- -- -- --or continuation of a iiuisance. The inspector may .impose such �conditions on Class I licenses with the consent of the licenseholder, or may. recommend the imposition of such conditions as an adverse action against the �license �or licenses; the �director has the same power with respect to Class II licenses .� The council may impose such � - - - �conditions on C1assIIl licenses with the consent of the licenseholder, or upon any class of license as an adverse action against the license or licenses � i/�:/� WHITE - CITV CLERK t CANAR�'-'OEPARTMENT CITY OF SAINT PAUL COUI1C11 � /X - f/�'� � x Q�+�E -MwrOR File H�. � • �rd�ndnce Ordinance N 0. �.�•�r%� 7 � . Presented By l`•�_ ...��._t ;' ? ' . ..�._.�: � . '•` , � Referred To Committee: Date Out of Committee By Date -3- �ol2c�,r►�zg notice and hear�ng a� �raag be required. Suc.z eo:�di�ioYts may �e �.�posed on z license or licer,ses upan issuance, reaewal or transfer t�ereof, or upon and as �art of an�� advzrse action a�ainst a Iicense or Iicenses, i?IGZL'CI�22g sus��nsion. Secticm. 2 :Ieith�r t�is or�inan�e aor r�ny e�ist�.�g or iutur� ardin�nce �donted by th� Cit� of Saint ��u1 to re.gu3.afie andlor license any occupations , �us;ne3s�s or activities sha?1 be canstrupd ta li*.�it or Ye�trict its ;nheser�t police �a��r�r to re�uiate and Iicense, nor to 1.imit or res�rict a�? po��r conferred on it b� the ?jnited States or :�inn�sota Con�ti�utio:is or statutes (or re�u2ations �ros��,�I3at�d t!�ereunc�er} �o so re�ulate ��dJor I.3 C°IIS�. Sectioz 3 'I'hi� o�d�nancp shall Ca'_{� �ffect �and be in foree t�air�y (3Q) �?a.ys _=�ol2�r.Q its �assa�e, ar�vrora3 a�d p•ahla.cation. COUNCIL MEMBERS Yeas Nays �,., Requested by Department of: Dimond '' ��g � In Favor Goswitz Rettman Scheibel Against BY Sonnen �lson A��' ` � '�9$8 Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By ' ` _ .._ ,, , *; �n-a i;� Approved by Mayor: Date a+,.a.. - 'Jr i,i'v� Approved by Mayor for Submission to Council By BY �� c�'�'o, CITY OF SAINT PAUL �� ':9, . t� OFFICE OF THE CITY ATTORNEY � �: � uu unm ,� �;; 1O �°" �= EDWARD P. STARR, CITY ATTORNEY �°`��,,��.��,,��` 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR RECEIVED OCT 2 51988 Uctober 24, 1988 C1�'�( CLERK Ms . Anne Marie Dragicevich �� Snelling Avenue Fine Wines r� 5�0 North Snelling Avenue � f Saint Paul, MN. 55104 RE: Snellin Ave. Fine Wines , 500 N. Snelling/ g Dear :�Is . Dragicevich: Please ta�;e notice that a hearing on the rep rt of the Administrative Law Judge concerning the above-mentioned es blishment has been scheduled for 9 :00 o' clock a.m. , November 0 1988 , in the City Council Chambers , Third Floor, Saint Paul City Hall and P.amsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours . You may also present oral or written argument to the Council at the hearing. No new evidence will be received or testimony taken at this hearing. The Council t�ill base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and excentions filed, but may depart from the recommendations of such Judge as tiermitted by law in the exercise of its judgment and discretion. Very truly yours , PHILIP B. BYRi�IE Assistant City Attorney � cc: Albert' B. Olson City Clerk . Joseph F. Carchedi License Inspector Lt. Donald S . Winger • Vice Unit