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87-681 WHlTE - CITV CIERK � �T �� I r •��»�:� �f�7�+/��.�J... � PINK - FINANCE GITY OF' SAINT PALTL Council �7''� (f- ('��` . CANARI( �DEPARTMENT �"'X'�X B,�.UE -MAVOR File NO. �C� PBB/City Attny. Ordin�nce Ordinance N 0. �dt. �k�+ 1��5�Presented By Referred To Committee: Date ,� / Out of Committee By Date �� - An Ordinance amending Chapter 409 of the Saint Paul Legislative Code pertaining to Intoxicatin¢ Liquor ; nroviding presumptive r�enalties for liquor licensed establisl�ments . THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Chapter 409 of the Saint Paul Legislative Cocle is hereby amended so as to add the following new provisions thereto: Sec. 489-��- 409 . 26 . Intoxicating liquor; a.d�ae�se �.ea�}�.gs; ee�.��e��er�s f x�e�a��e�.s; presumptive penalties . a) Pur ose. The purpose of this section is to establi�andard by which the City Council determines the length of license suspensions; and revocations , ��es-a�.df e�-�ke-p�ae�.�g-e€-ee�.�.�� e}�.s t�.ge�.-�ke-bt�s��ess-��ee�.ses; and shall apply to all on-sale and off-sale licensed premises . These penalties are presumed to be ap�ro riate or ever case, owever t e�i Councirl ma deviate t ere rom in an in ividual case where t e Council inds and determines that t ere exist substantia and com- ellin reasons makin it more a ro riate to 0 so. en eviatin rom t ese stan ar s t e Council sha provide written reasons which speci y w y t e penalty selected was more appropriate. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond Q �� In Favor Goswitz Rettman ✓ Sc6eibel A gai ns t gY Sonnen Wilson Form Appr ved by Cit Attorney Adopted by Council: Date � � Certified Passed by Council Secretary BY ��l°�� By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY I � ' - g�"''L70 � /�� -2- b) Presum tive enalties for violations . Adverse penalties or convictions or violations shall 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 S 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. _�� `��-�. .. . . . . �� - �� .r� -3- TYPE OF VIOLATION 1ST VIOLATION 2ND VIOLATION 3RD VIOLATION 9. Fai.lure 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 oceurred 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. �.� E�-ga��e--eer��ae�s---��-a.-��eense-�a��e�-l�ias-been se�iedt��e�-�e�-a�.-s�.�e�se-�.ea��.g;-eet�.�.e��-�e�be�s-sk.a.��-r�e� d�se�.ss-��.e-��ee�.se-�a��e�-6a��k.-eae�.-e��.e�-e�-�a��k-a�.�-e� ��.e-ga��es-�r��re��ed-��-�ke-�a��e�-t��.�esa-st�.ek-�.�seti.ss�en eeex�s-e�,-�k.e-gxb��e-�eee�d-�.t��}�g-�ke-pt�b��e-kea�}xgs-e� �k.e-aia��e�-e�-�.�.��r�g-��.e-eet��.e��'s-��.a�-�.e��e�a�}e�.s-e� �k.e-x�a��e�- e} 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 $2 ,000, to im ose conditioris or take an otlier adverse action in accor ance wit aw, e�-�a}e a�}e�.s-e� ae�.eerxg �anee-�a}�k-a�.-a�g �eab�e-s�e��.�e,-�t��e-e�-e�d}�.a�.ee �e�a��r�g-�e-e�eeke��e-be�re�agesb provided that the license holder has been afforded an o ortunit for a hearing in the manner provided for in Section . �f this Code. �� . • ' � � ' � �� . . " r ' ' • ' ' - � �' � � � , W ITE - CIT'I CLERK P K - FINANCE CITY OF SAINT PALTL Council C ARV -OEPARTMENT � 7 / � E -MAVOR File HO. /'C��/ • ' ' Ordindnce - Ordinance N�. -- t ( ,� Present d By �` _ � i, � b Ll�r�� S�—/�` �7 �� Referred To �" �S �T � Committee: Date � •, Out of Committee By `' Date ,, ,.� An ordinance amendi Chapter 409 of the Saint Paul Legislative Code pertaining to penalti s for violations to Liquor Laws and providing procedures for holdin� adverse hear;,,o� �n •»�i�*,�---- WHITE - GTV CLERK COIlI1C11 �i-� � pINK - FINANCE (jITY OF SAINT PALTL File NO. �� CANARV -DEPARTMENT B4UE - MAVOR /� � 0 rdinance Ordinance 1�0. ��'�" Presented By Referred To Committee: Date Out of Committee By Date -4- Section 2 . This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. COUNCIL MEMBERS Requested by Department of: Yeas Nays � Dimond In Favor Long Gos�vitz Q t�ca°aa Against By Scheibel Sonnen �"'�' APR 2 8 1988 Form App oved by ity Attorney Adopted by Council: Date , � �„�� By ` Certified P b Council S t By t� ��$ Approved by Mayor for Submission to Counci Approve y Mayor te � By 4116LtSHEO M AY 7 1988. '� . - . � �� , � : . � � (L'/_-€f'7-Grr�/ - , , . � / r ,�� Upon `°.the written request of either the Fire Chief or the Director of,h the Department of Community Services , the Inspector shall place '^�pn the City Council agenda any case where a licensee has failed �� correct violations of the fire or building or health codes �ithin the time permitted by the authority which ordered the cor�ction to be made . '�4 Subd. 3 . �,dverse Action. The Inspector shall notify the City Clerk t��, schedule public hearings before the City Council within 60 ,�ys after the Inspector is notified that a licensee has eithe� been convicted of a violation of law or within 60 days aft� receiving the request to do so by the Fire Chief or Director 3;f' the Department of Community Services . Notice of the public hea�g shall be provided by the Inspector in accordance with the ocedures of the Early Notification Policy, App . A-11 of the Ad inistrati��e Code and section 310 . 05 of this code . The procedu es governing adverse hearings set forth in section 310 . 05 of is code shall apply to hearings under this provision . `�.. Subd . 4 . Witnesses ; report . The Inspector shall notify the appropriate city staff of th� date, time and place of the hearing at least 15 days prior ther�to . City staff shall provide to the Inspector a complete file f the facts involving the conviction or uncorrected code viol tions at least eight days prior to the hearing date, and sha l appear at the Council hearing for the purpose of presentin , evidence thereof . The Inspector shall provide copies of the c nvictions or uncorrected code violations to all councilmembers a least five days prior to the scheduled hearing date . '�� , Subd . 5 . Penalties for Convictions/Code':,. Violations . Adverse action for convictions or uncorrected cod&� violations may be as follows : j�. ,,� Type of Violations lst Occurrence 2nd Occurrence�'Y, 3rd Occurrence �:� l. Sale of intoxi- 14 Consecutive Revocation °� NA cating beverages Days while license is under suspension or revocation. 2. . � � � ' � � ,� . � ,� ; � � � �i�� r (��/ � � �� Type'.,of Violations lst Occurrence 2nd Occurrence 3rd Occurrence 2. Sale`;of into�i- 5 Consecutive 1�+ Consecutive Revocation cating;,beverages Days Days to unde�,-age person. 3. Sale of into�i- 5 Consecutive 14 Consecutive Revocation cating bevera� Days Days � to intoxicated ', person. 4. After hours sale �"`__;3 Consecutive 7 Consecutive Revocation or display of in- I�a,ys Days toxicating or non- intoxicating ``� beverages. M1�" 5. Refusal to allow 5 Consecut�;ve 14 Consecutive Revocation City inspectors Days Days .,.;. or police ad- :.;@,,. mission to ''�'�k,.. inspect premises. 6. Illegal gambling 5 Consecutive 1'�, Consecutive Revocation on premises Days Day��,, licensed for charitable gambling. 7. Illegal gambling 3 Consecutive 1�+ Consecut�ve Revocation on premises not Days Days licensed for charitable gambling. ,.ti 8. Permit person to 3 Consecutive 14 Consecutive �vocation leave premises Days Days '` with beverages. 3• , , _ � . . . , �� (� �/ . � �.�'ype of Violations lst Occurrence 2nd Occurrence 3rd Occurrence 9. F�,ilure to make 3 Consecutive 14 Consecutive Revocation , ap�l.ication for Days Days lice�.se renewal prior '�,� license expiratib� date. Zl 10. Violations°� 3 Consecutive 14 Consecutive Revocation City ordinance ,� Days Days pertaining to <� fire or building �ti, or health code �,,t requirements. 6�-,� �'�. Subd . 6 . Computat�on of time. For the purpose of deter- mining the number of o'8,,currences of violations , the Council shall consider a violatio� as a second occurrence if within 18 calendar months of the fi�c,yst conviction or within 18 calendar months of the Inspector ' s rep�rt of a first request for hearing from the Chief or Director; and`-�,,shall consider as a third occur- rence if within 30 calendar mo�ths of the second conviction or within 30 calendar months of '��the Inspector ' s report of a second request for hearing from the C'i�,,ief or Director . ,}, �ky Subd . 7 . Adverse Action. In ea�;� case the Council shall consider the evidence and/or circumst�nces as presented at the public hearing by city officers , `'�,inspectors , licensee, other witnesses or representatives or `�he general public . The Council may determine to take adverseP'��.,action based upon its findings and conclusions in accordance wi'^�h the guidelines set forth above, which action may take the fort� of suspension, revocation, imposition of a fine, placing of ��;onditions upon the licenses or a combination thereof . �` Subd . 8. Ex-parte Contracts . In the event ��''�.he Council determines a violation occurred but does not set `°�. penalty the same day as the public hearing, each Councilmemtier shall be precluded from any public or private contacts with`',, any of the affected parties to the case untilsuch time as the �.ouncil either sets a penalty for the violation or waives their right to setting a penalty. During the time from the hearing_ to the time a penalty is set or waived, if a Councilmember has a question as to the case, that Councilmember shall notify the City Attorney as to the question . The City Attorney shall attempt to get an answer or clarification to the question and shall give a written answer to the affected Councilmember, all other Councilmembers and all other parties to the case . �+ . , l� ' . . �� l% ' • /�ii,_.�;,.i��;.�r;+e.. �f.'f r' . . ./; . _ .... _. . . . . . .__ _ _. WHITE — CITY CLERK PINK — FINANCE GITY OF SA�INT PAiTL Council � _�� CANARV — DEPARTMENT BLUE —MAYOR File NO. Ordindnce Ordinance N0. menamen 3��, Presented By Re�erred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 40y of the Saint Paul Legislative Code pertaining to Intaxicating Liquor; providing presumptive penaities for liquor licensed establishments. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Chapter 409 of the Saint Paul Legislative Code is hereby amended so as to add the following new provisions theretu: 5ec. 409.25. Intoxicati�g liquor; adverse hearings; convictions/ violations; presumptive pena}ties. a) Purpose. The purpose of this section is to �stat�iish a standard by which the City Council determines the length of license suspensions, revocations, fines and/or the placing of conditions upon the busin�ss licenses, and shall apply to ali on-sale and, off-sale licensed premises. b) Presumptive penalties for vioiations. Adverse penalties for convictians or violations shall be presumed as follows: TYPE OF VIOLATION 1ST V10LATION 2Np V�OLATION 3RD VIOLATION 1 . Co�xnission of Revocation NA NA a felony related to the licensed activity. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� [n Favor Goswitz Rettman s�ne�ne� Against BY Sonnen Wilson Form Approved by City Attorney ''. Adopted by Council: Date � � Certified Passed by Council Secretary BY � By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY 2. `�a1e t�t Revocation NA NA Fi�i Cqll(�I i(W 1JE'VI?i"'c�C�E'S w�i i i e � i cense i s �anr�er su��ensic�n. �. 5ale �fi 5 Cans�cutive �tevoc�tion NA a�cohr.�i �C Days Suspensian beveraqes to under--ae�e r�er,sons. 4. Sale af 5 C:onsecutive lh Consecutive Revocatian a)cah�� ic bPVPraye [1�ys SuspPnsic>n Uays Suspension to intoxicated pers�n. 5. After hours 3 C�nsec;utive 9 ConsecutivP Revocation sale or dispiay t)ays Sus�ension C1ays Suspension o�F a�caho 1 i<< beverages. b. Refusal ta 5 Consecutive 1� Cansecutive Revocation a 1 1�w C i t.,y Days` 5usp�r�s i�n Days Suspens i on i nspec�tars or� ��1 ?r.e adm i s�i on to in�pect premises. 7. Iliegai "3 Consec�ativ� 9 Consecuf.ive �evocation c��mt�i i nc� an Days Suspens i o� Days SuspPns i on r.�rern i ses. tc. t�ermit r�erson i Consecutive '`., 9 Consecutive Rev�cation Co �eavP premises �ays Susp�nsion Llays 5uspension with alcoholic bevera�e. 9. Failure to 1�� Cansecutive 45 Con�ecutive Revocation make applicatiar� Days Suspension Days Suspensian fo►� 1 i�.ense rP_I'1P.W�1 prior to license expiratiar� d�t.e. '" ..,. 10. Vio�a�ions of 5 Consecutive 15 Cansec�.�tive ` Revocation City ordinan�es [lays Suspension U�ys `�uspension per�ta i n i ng to f i re ��r bu r i c�i ng ar lne�a 1 t.h codes. ;� �� i�� ___ WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PALTL Council � CANARV - DEPARTMENT BLUE -MAVOR File NO. Ordindnce Ordinance NO. Presented By Referred To Committee: Date Out of Committee By Date ` � c\ Computation of time. For the purpose of determining the number f occurrences of violations, the council shall consider a violat'on as a second occurrence if it occurred within 18 calendar months of he first violation; and shall consider a violation as a third occur�nce if it occurred within 30 calendar months of the second v i o 1 at`i,on. , 4,� d) Ex-parte c'�ntacts. If a license matter has been scheduled for an adverse hea?�.ing, council members shall not discuss the license matter with �ach other or with any of the parties involved in the matter unless s�ch discussion occurs on the public record during the public hearir4gs of the matter or during the council 's final deliberations of thA, matter. ,. e) Other penalties. Noth`i,ng in this section shall restrict or limit the authority of the c`�iuncii to suspend up to 60 days, revoke the license, or impose a L�ivil fine not to exceed $2,000 for violations or noncompliance wi'�h an applicabie statute, rule or ordinance relating to alcoholic ti�verages, provided that the license holder has t�een afforded a he�ing in the manner provided for in Section 310.05 of this Code. Section 2. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. s. � 3 COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �ng [n Favor Goswitz Rettman Scheibel A gai ns t BY Sonnen Wilson Form Ap ved by Cit Attorney Adopted by Council: Date _ Ceatified Passed by Council Secretary BY � `" By Approved.by Mayor: Date Approved by Mayor for Submission to Council By BY , .iwH�re �t�c�rv CLERK � Council t�r /_� ' �1�p�NK - FINANCE � C I-TY O r SA I NT ��A U L File N0. / �o �INAQY -DEPARTMENr � oYUE -M�VOR « �� I I • 13 Ordin�nce �Ordinance NO. �� ` ` " .y_- .., _... Presented Qy,,ti. !i�%-,��,--,�-c..` <� ?7 � - _ .l . � Referred Tq Committee: Date ,,� Out of Commi�e By Date :,� An�`�rdina�ce amending Chapter 409 of the Saint Paul l.egi lative Code providi�g p�ocedures for processi�g of i� stigative reports, holding adverse heari�gs on liqu� law violations. and establishing presumptive penaities� or violations of liquor laws. The Council of the Cit of Saint Paul does Ordain: . Section l - That Chapter 409 of the int Paul Legislative Code is hereby amended to read as follows. !u 409.25. Procedures for ocessi�g of investigative reports, holding adverse hearings. and e tablishing presump�ive penaities for intoxicating liquor violatio a) Purpose. The pur se of this section is to estabiish standardized procedures by hich the City Cou�cil and the License Division (hereinafter "Oi •'sion" process police and other investigative �eports, hoid adver e hearings, and determine � the length of license suspensions, revoc ion, fines and/or the placing of conditions upon the business li .ense. This section shail appiy to all on-saie and off-sale lic nsed busi�esses. b) Pr-ocessi�g of Police Report and Other Investi- gat i ve Oata. ,- .r ( 1) A summary of all police reports or citation issued by a cit De artment or Oivision within the o eratin de artments which can be the basis for adverse acti n regarding a licensee shall be p�ovided to the Division within en (10) days after its issuance, exce t that this time ma be exte ded when issuance of such information could ' rdize a� activ c�iminal investi ation. �_ ';. COUNC(LMFN " Yeas Nays Requested by Department of:°`,t Orew 1 Nicosia j[1 FaVOf !� Rettman , Scheibei B�. Son�en Against Tedesco Wilson Form Approved by City Atto�ney Adopted by Council: Datc Certified Passed by Council Secretary BY ,� Ap��rc�v�t�� b}' �tayor. [).:ilc _____.____. npproved b}' Alayor for Submission to Council --- -___----- -- � I Ii Ii: -- _---- li,: — -- -- -_---- -- -___ _ -- _..- --------------- - ------ -- i' �� • � - t�� ThP [tivision shall maintain an•accurate record of ` d� � p�l �re �ePorts and other� investigative data received, includinq such dat.a from law enforcement a encies other than the Nolice �epartment� reqar�ing any licensee, and a summary of suCh �ecords shall be provided to the City Council on a monthly basis. (c? Adverse Hearings to be Conduc�ed By Hea�ing Examiner. % tl ) For purposes of this section, e types of violations include, but are not limited to, any convic �on of a felony, and convictions or alleged violations pertaini to: sale of intoxi- cating beverages while license is unde� s spension or �-evocation; sale of intoxicating liquor o� non-intox'cating malt liquor to underage person; sale of intoxicating b verage �to an intoxicated person; after hours sale or display of intoxicating liquor or non- ��toxicating malt liquor beverages; r fusal to atiow City inspec- tors or police admission to inspect remises; iitegal gambling on premises; permit person to leave pr mises with alcoholic bever- ages; failure to make application or license renewal prior to license expiration date, any viol tions of the fire, building, or health codes and an other viol tions of federal state, or iocal iaw. (2) ln the case of conviction �f any violation � cfescribed in paragraph ( l ) o this subdivision and with the consent of the City Council the Division shall schedule an adverse hearing in accorda e with section 3i0.U5 before a Hearing '�;�; Examiner duly appointed by the City �Council to be held within 60 days of the conviction. (3) Upon writ n request by a City Depart_ment, or Oivi_ si�ns within the_o era n de artme�ts and with the consent of t_he City Council , the ivision shall , within 60 days of tiie request, schedule an dverse hearing in accordance with section 3l0.05 before a Heari g Examiner duly appointed by the City Council i� any case here a licensee has failed to correct viola- tions of the fire o building or health codes within the time per- mitted by the auth rity which ordered the correction to be made. A Uepartment or a Oe rtment Uivision may request an earlier - �ate ror an adver e hearing if the request demonstrates that an imminent threat o pubiic safety or the general welfare exists if the earlier hea ing is not held. (�) � the case of a�y alieged violat+on described in para�raph { 1 �of this subdivision where �o conviction was obtained pr no charges werE filed by the appropriate law enforcement agency within a reasonable time after the alleged incident, the Ui_vision shall present tt�e aileged violation to tf�e City Attorney"s office for e w�°i r.ten deter m i naL i o�� of whethEr suf=f i c i ent ev i dence Nx i sts ,-�� u�� W i rr� an adver se hear i ng. I f tl��e C i ty At.torney deter- i !n I(1P5 l-I i%�t tiU�1 1 C 1?f1T_ E V 1 dN(iC? d0C:5 eX 1 St L %�(1d_W 1 th Yht' Ct�fISF'fl?� of *_t�e �:i*v CounC i I_, the D+v i_s i on sha 1 1 sch?du i e an r�dver st� � 1��2 7��1 f1C� I fl ci< f'��7'rt fflf_� _W 1 th Sf�C1_1 nfl � ��-�1�� bPf-O�f� a HC'd�1!1�_] _-----, --�- --� - rt�� Cit Council within 'vU c��y� o+ t.li•= 'c;<dni i n��r ci�.�I � .,�.��o i nte=i Gy Y „ : . w � City At:torney's determination. The City Attorney's written deter- minat.ion of whethEr evidence exists to proceed with adverse t�earing st�all be maintained in the Oivision's records regarding the licensee in question. d) Public Nearing and Adverse Actio� by City Council . ( ) fihe Oivision shall notify the City Clerk to schedule a public h ring before the Council 's Cortmittee designated to hear � license mat rs �herei�after "Committee”) withi� 10 days afte� the Oivision rec ives the Findings of Fact and Conclusions of Law from the Hearing E miner. Notice of the public hearing shall be p�ovided by the Division in accordance with the Council 's Early Notification Pol 'cy. App. A-1 ! of the Administrative Code and section 310.05. he procedures gove�ning adverse hearings set forth in section 3�O.U5 of' this code shall apply to hearings under this provision. Th� Division shall rovide the licensee and all members of the Citv uncil with a copY of the heari�q examiner's findinas and recommend tions, i (2? The Committ e shali conduct a ublic hearin at which time it shall co�sid the evidence contained i� the record, the tiearinq Examiner's findi' s conclusions and �ecommendations, and shall not consider an fa ual testimon not reviousi sub- mitted to and considered by the hearin examiner. Public testimon received at the co�nittee's hear shall be limited to whether the hearinq examiner made an error in the a lication of law or erro- neous inter retation of the facts a d also testimon related to r the recommended adverse action or en ties. U n conclusion of the ubiic hearin the committee shall fter considerin the record, the heari� examiner's,-findin s d recommendations, and such additional testimon received at the earin submit its findinc7s, conclusio�s and reccxnmendations to the full Cit Council_ e} Witnesses; reports. The Div� ion shall notify the approp�iate city staff of the date, time and lace of the hearings before the Hearing Examiner and before t Committee at least 10 days prior thereto. City staff shall prov e to the Division a complete file of the facts involving the nviction, or ai !eged violations at least eight days prior to the he ring dates and shal ) appear at the hearings for the purpose of pre enting evidence thereof. f) Citv Council 's decision. Upon receipt o the conxnittee's report, the Council shall place the matte� upon �its regular_meeting agenda at which time the Council shall consi�Jer tt�e record ot the erocPedinqs, the findinqs, conclusions andi'e, recommendation of the hearing examiner and cor►�nittees. Writt�n notice_of this meeti�� _shall be qiven to the licensee. �he Council sha11= based on the record and proceedinqs, determine wr�at, i f any_,__ahverse act i on sr�a 1_1 be taken. The Counc i i 's ��c i s i on sl�a I I b� by reso I ut i on, and a copy of the reso 1 ut i on tir�.i 1 I b� f_�r'UV i hF�C1 to th� i i CenSPe �nd t ha U i v i 5 i on_ ---- — • H y) Presumptive penalties for violations. � Adverse penalties for convictions or violations shall be presumed as tollows: 7YPE OF V10LATION !ST VIOLAI�lON 2N0 V[O�A710N 3R0 VIOLATION 1 . Commissio� of a kevocation NA NA ,, felony related / to the licensed f` activity. 2. Sale of intoxi- 15 Consecutive Revocation NA catiny beveTages Oays while license is under suspension or revocation. 3. 5ale of intoxi- 5 Consecutive 1� Consecutive Revocation cating beverages Uays to under-age person. 4. 5ale of intoxi- S Consecutive �. 15 Consecutive Revocation cating beverage Oays �� Uays to intoxicated perso�s. S. After hours sale 3 Consecu ive 9 Consecutive kevocation `. or display of Oays Oays intoxicating °' or nor�-i ntox i- cating bevera�es. 6. Refusal to allow 5 Cons utive 15 Consecutive Revocation City inspectors Uays Days or police admis- sion to inspect premises. 7, lllegal gambling 3 onsecutive 9 Consecutive Revocation on premises ays Days licensed for charitabie garnb 1 i ng. 8. lllegal gambl �'ng 3 Consecutive 9 Consecutive Revocation or+ premises not Uays Days licensed For ct�aritabie garnbling. 9. Permit per'son to 3 Consecutive 9 Consecutive Revocation IPave premises Uays ��Y� wirh beverages n � ' . 1 ' 10. F"ailur-e to make 3 Consecutive 9 Consecutive Revocation appiication for Uays Gays ticense re�ewal pri�r to license expiration date. I1 . Violations of 5 Consecutive 9 Consecutive Revocation City ordinances Oays Days pertai�ing to fire or building or health code reUUirements.' - h) Computation of time. For the purpose of deter- minin4 the'�,number of occurrences of violations, the Council shall consider a v�olation as a second occurrence if within 18 calendar months ot the.,fi�st violation or within 18 calendar months of the Division's re � rt of a first request for hearing from a de- partment or div'sion within an oPeratinq department and shall consider as a th rd occurrence if within 30 calendar months of the second violation within 30 calenda� months of the Division's �eport of a second equest for hearing from a Oepartment or Oivi- sion within an o era ing department. � i ) Ex-pa te Contacts. lf a license matter has been scheduled for a� adversE earing, Councilmembers shali not discuss the license matter with ea other or with any of the parties involved in the matter unle such discussion occurs on the public record during thz Committee's ublic hearing of the matter or during t�e Council 's fin�l deli erations of the matter. j) Other Penalties. Nothing in this section shall restrict or limit the authority of e City Council to suspend up to 60 days. revoke the license, or i ose a civil fine not to exceed $"L,OUO for violations or non-co liance with an applicable statute, rule or ordinance relat.ing to coholic beverages, pro- vided that the license holde� has been a orded a hearing in the manner provided for in Section 310.05 of t Legislative Code. Section 2 This ordinance is deemed part of the Saint aui Legislative Code dnd shell be incorporated therei� and given n appropriate section nurnber at. the time of the �ext replication of said legis- �ative code, or supplement tlieret.�. � , �\ � \� .- WHITE — CITV CLGNK * r t l,0URC11 . PINK — F/n+wNCE G 1 Il Y O 1 S� I NT l�A U L � CANARV —OEPARTMENT F11C NO. � BIUE —M�YOR � • � y Ordindnce Ordinance N�. � � Presented E3y Referred To Committee: Date ` Out of Committee E3y Date Sect�i`�n 3 ,` This ordinance shall take effec� and be in force thirty days from and after its passage, approva) �nd pubiication. �,. � � ..- .,� � 6 COUIVCII.IVIEIV Requested by Department of: Yeas N a}�s o`e"' In Favor Nicosia Rettma� Scheibel A ga i�s t BY So�nen Tedesco Wilson Form Approved by City Attor�ey Adopted by CounciL• ��:�t� Certified Passed by Council Secretary QY — � � [3y ------ -- Approved by hlayor for Submission to Council Approved by �1ayor. Datc - _--- -- — Eiyf3y --—-- --- ---- ------------- _ –