87-1022 WHITE - C�TV CLERK
PINK - FINANCE �
CANARV - DEPARTMENT GITY OF SAINT YAUL F1eci1NO. ��~/���
BLUE - MAVOR
•
O� nan ce Ordinance N 0. - � � `�°�
� ,
Presented By
Referred o Committee: Date
Out of Committee By Date
An ordinance amending section 409. 12 of
the Saint Paul Legislative Code pertain-
ing -to intoxicating liquor.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAI�I:
Section 1 .
That section 409. 12 of the Saint Paul Legislative Code be and
is hereby amende� to read as follows :
409.12. Revocation; suspension; fine. Any licens2
or permit under this chapter may be ei�her suspended �or
u� to 60 days or revoked or a civil fine imposed not to
e��ceed �2, 000 for each violation on a finding by the
�ouncil t,hat i,he license or permit holder has failed to
com�ly with an applicable statute , rule or ordinance
rela�ing to alcoholic beverages. No suspension, revo-
cazion or fine shall take erfec� until the license or
�errnit holder has been afforded an opportunity for a
_ , i�earing unde•r section 310.05 of this Code.
Section 2 .
This ordinance shall take effect and �� in iorce �hirt�;r c;ays
frorn and a�ter its passage, approval and puolication.
COUNCILMEN
Yeas Nays � Requested by Department of:
^Dre�
Nicosia [n Favor
s`�81� � A ainst �
Sonnen g •
�edeseo�i/D(� �
Wilson p
�EC+ 2 4 �p7 Form Appr ed y City Attorney
Adopted by Council: Date
Certified Pas d by C uncil ary BY
By _
t � � �7 Approved ayo or u ' sion to Council
Approve l�layor: Da ,
�� ��N _ ? 1�
FinancP & Management . D�PARTME�h� �7—/O°�a
- , . . � No 3694
�lncenh F_ 'Carchedi � CONl'AC,T * , /
298-5056 PHONE (�
Ju1y 2, 1987 ' DATE�' ��/�� ,r � ���
�
ASSIGN NUN�ER FOR ROUTING ORDER (Clip All Locations for Signature) :
Department Director Director of Management/Mayor
Finance and Manageme t ices Director City Clerk
i ctor Q�� ��� �
City Attorney
WHA'C WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
Allow our present ardinanc� authorizing revocation .or suspension of on/off sale liquor
as well as non-intoxicatin�g malt (3.2 beer) to be compatible with state law.
COST/BENEFIT, BUDGETARY ANI� PERSONNEL IMPACTS ANTICIPATED: ��
N�q JUL s ��
� � �,.��r,. .,��CE
:
FINANCING SOURCE AND BUDGElT ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of TransaG�tion: quired if under
Funding Source:
N�A $10,000)
Activity Number: �
ATTACHMENTS (List and Numper All Attachments) :
Amendment to section 4�9.02.
Amendment to section 4!10
�
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
Yes No Council Resolution Required? Resolution Required? Yes No
Yes No Insurance �equired? Insurance Sufficient? Yes No
Yes No Insurance Attached:
(SEE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
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��.=•o,� � ,,�,�,c�, T �,,., CITY OF SAINT PAUL
`' = "�: �'� '1''' OFFICE OF THE CITY ATTORNEY
,.,,�
� {i'ii'u Q� �,:- _ . _. �,, ,�
� „ , �� EDWARD P. STARR, CITY ATTORNEY
?`�2�.� ••1'"°,� E`��,'- �`' 647 City Hall,Saint Paul,Minnesota 55102
�.:�
612-298-5121
GEORGE LATIMER
MAYOR
June 30 , 1987
Joseph Carchedi
License Inspector
203 City Hall
Dear Mr. Carchedi :
The Legislative Code , in section 409. 12 , authorizes the revocation
or suspension of liquor licenses. I have prepared an amendment
to this section to read the same as the State legislation,
Minn. Stat. 340A.415 (copy attached) .
Because the statute applies to licenses or permits for the
retail sale of non-intoxicating malt beverages, I have prepared
an amendment to Chapter 410 similar to that contained in 409.
If you agree that these amendments should be presented to the
City Council , please do so. I will be happy to discuss these
amendments with you, if you so wish.
Yo very trul ,
JERO J . G
As s a C ' �y Attorney
J S� :c
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Enc1 V
cc : Gene Schiller
,� CITY QF ►�,A,,INT PA.UL rlembers:
•;•� � OFFICE QF TR� CITY COIIYCIL BOb L017g, G`h31r
�n nt.i �'
� Janice Rettman � �
.. _ . Tom Dimond )
� YJ i {
Co�ttee Report . �
F:in.ance, �ana�eme�t, & Personnel Committee. _ �
FEBRUARY 8, 1988
1. Approval of minutes �rom meetings held Janu�ry 27 and February l, 198$. Approved
�
2. Letter of the State De rtme� of Revenue transmitting Application No.
3336�+4 of Richard D. �Jar or Towle Properties for reduction of assessed
valuation of certain 1 state in the City of St. Paul.
(Referred fram Cit ouncil eting January 28) -- l3iyli� _
3. Resol.ution approving application to transfer On Sale Liquor, Sunday On Sa1e
Liquor, Entertai.ranent, Restaurant, Hotel/Motel and Additional Rooms Licenses .
currently issued to M.S.P. Hotel Associstion (Hershel Sabin, sole general
partner) dba Sheraton-Midway St. Paul at 400 N. Hamline to Hotel Managers
of St. Paul, Inc. (Robert Baersch, President) dba Sheraton Midway St. Paul
at the same address. (Referred fran City Council meetin� Janctary.28} Approved
4. Report from Finance Department on status of review of County's proposal. on �
financing the renovation of City Hall-Court House. (Laid over from co�ittee
meeting Febn�ary 1) Discussed -
�5. Proposed budget resolution setting Iimit on taxes and spending in Fiscal
Ye�c 1989. (Laid over from cortanittee meeting January 27) �id over to••Feb.� 22
6. Consideration of proposed ordinances and resolution to revise the Council's
license procedures and establish guidelines for sanctions in adverse actions.
.(Laid over fran.comnittee meeting February 1) Approved Wilson Ordinances 87-1022, 87 1Q2?
J. Segal reviewing others ,
7. Admin�.strative Resolution establishing the rate of pay for Building Design
. Contract Administrator in the Salary Plan and Rates of Canpensation Resolu-
tion. (Laid over from co�nittee meeting February l) Approved
II. Proposed ordinance amendin� Legislative Code to allow for public hearings on
license matters to be held in committee. Jerry Se�al reviewing as to form
�. Discussion and adoption of conu�Littee goals for 19£�3. �id over to Februazy 22
1_U. I�ew business.
�l . Adjourn.
NOT�: FeUruary 15, President's I)ay, is a I�oliday. There c.=ilZ
not be a Finance, Mana�ement & Personncl Corr�ittee meetint. '
�et-"�' -`u1LI- SEVENTFi FLOOR SAINT PAUL.biINNESOTA SSI02
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' � 4 I 3�WA.�14 LIQUOR ACT ` 68t4 �”
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�: ' ; � Subd. 6. Permit fees. The annual fee for issuance of a permit under this section
`. ! j is S 150. The governing body of a city or county where the establishment is located may
; ! � impose an addition of fee of not more than 5300. . �
;�� , ; Subd. 7. Inspection. An establishment holding a permit under this section is open
° ; for inspection by the commissioner and the commissioner's representative and by
:�, � ' peace officers,who may enter and inspect during reasonable hours.Intoxicating liquor
'°' ` ' soid, served, or displayed in violation of law may be seized and may�be disposed of
� t � � �• under section 297C.12.
;;,�,- ' ; �ubd. 8. Lockers. A ciub issued a permit under this section may allow members ,
'°�` ` i � to bring and keep a personal supply of intoxicating liquor in lockers on the club's
� premises. All bottles kept on the premises must have attached to it a label signed by
the member. No person under 19 years of age may keep a supply of into�cicating liquor
- •_� on club premises. . �
Subd. 9.��� -One-day city perroits• -A city may issue a one-day permit for the
�-' consumption and display of intoxicating liquor under this section to a nonprofit
g org,anization in conjunction with a social activity in the city sponsored by the organiza-
�:�k �� �°.. tion. The permit must be approved by the commissioner and is valid only for the day
.� � . ,, �
��i indicated on the permit. The fee for the permit may not exceed $25. A city may not
��� �}_.
rt= ' �' ,;; issue more than ten permits under this section in any one year.
'�y ����t History: 1985 c 305 an 6 s 14; ISp198S c 16 art 2 s 3 subd 1
�rE;►�x,
f -��' �y � 340A.415 LICENSE REVOCATION OR SUSPENSION.
. .; � �� The authority issuing or approving any retail license or permit under this chapter
�' - shall either suspend for up to 60 days or revoke the license or permit or impose a civil
,�`-` ��� 1�;� fine not to exceed $2,000 for each violation on a finding that the license or permit
` �,;�i�: ; holder has failed to comply with an applicable statute, rule, or ordinance relating to
' �; �����:;;' alcoholic beverages. No suspension or revocation takes effect until the license or permit
Yr� �s '' holder has been aRorded an opportunity for a hearing under sections 14.57 to 14.70
. ,�� ��;� of the administrative proeedure act. _ ,
� ;: , , �;
�� �; History: 1985 c 248 s 70; 1985 c 30S art 6 s IS; I985 c 309 s I1; 1Sp198S c 16 art
'' � 2 s 3 subd 1; ISp1986 c 3 art 1 s 42
. ,
�� ? � 's .' 340A.416 LOCAL OPTION ELECTION. .•- �
,::�; . � Subdivision 1. Petition. Upon receipt of a petition signed by 30 percent of the
�'�` I persons voting at the last city election or 200 registered voters residing in the city,
�' , whichever is less,a statutory city or home rule charter city of the fourth class shall place
�.�. . � ;
Y before the voters of the city the question of whether the city will issue intoxicating
,�_� liquor licenses.
� Subd. 2. Ba11ot question. The question of the referendum under this section must
� � be on a separate ballot and must allow the voters to vote either"for license"or"against
license."
,.;� �" Subd. 3. Effect of election results. If a majority of persons voting on the
�«� � � , � ; referendum question the vote "against license" the city may not issue intoxicating
� :.�� : � � li quor licenses until the results of the referendum have been reversed at a subsequent
'�'� ` election where the question has been su bmitte d as provi de d i n t h i s s e c t i o n.
�'� �� � i � Subd. 4. Certification to secretary of state. The clerk or recorder must certify
�,
_��� ' 1 3 � results of a referendum held under this section to the secretary of state within ten days
-� ° F ; of the election . .. : ; ::-. :.. �.
`� ' t Subd. S. �Challenge of election. �Where the results of a referendum under this
� ' • section are chalienged by any voter, the county attorney of the county whero the
, ' � � e lec tion w a s h e l d must a p pear in defense of the validity of the election.
� ' : 4 ; ' � . . ..
t` ` ; ; History: 1985 c 30S art 6 s 16
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__����T:^;;:,, CITY OF SAINT PAUL
-� '-'� OFFICE OF THE CITY CLERK
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%: �� ,.�� ALBERT B. OLSON, CITY CLERK
�-,• -
�`'ar���im�•�c�.�'' 386 City Hall,Saint Paul,Minnesota 55102
612-298-4231
GEORGE LATIMER
MAYOR
NOTICE OF PUBLIC HEARING TO OWNERS OF INTOXICATING AND
NON—INTOXICATING LIQUOR LICENSES
The St. Paul City Council will hold a public hearing on the 9th day of
December, 1987 at 9:00 A.M. in the Council Chambers on the 3rd floor of
City Hall to consider ordinances pertaining to procedures for violations
to liquor laws and procedures for holding adverse hearings on
violations. At said time and place the Council will hear any persons
relative to these issues. Attached is a summary of the proposed
ordinances.
✓;; FlLED
President and Councilmembers: !',,, � .,
�.J� �/ � " ��+-.
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<J ���:Y �'4��1i
�our ordinanoe amendments are pending bef�r�: -YQur
honorable body, and the affice of City Atto�°n�y wa��
reque�ted to provide you with a summary �tatemen`t _ `
cnncerning each of these amendments. I have attached a
copy of the four amendments and will refer to them by the
numbers assigned by the City C1erk .
Qrdinanae number CF 87-1022 amend� section Q09. 12 which
regulate� the licenwing and �ale of intoxicating liquor.
7he present seotion 409. 12 provides that the council may
revake any liquor license for violations nf the chapter
409 or of the state's liquor control act, and provideu
that a publio hearing must fir�t be conducted before the
council may take such action.
7he propo�ed amendment wnuld incorporate the language of
Minnesnta Statute�, section 34�H.415, and states that the
council may either su�pend or revoke a liquor license, nr
impose a civil fine not ta exceed $2,000, for vinlations
of ordinances or other laws relating to alchalic
beverages. A public hearing on such adverse action would
be required as specified in �ectinn 310.OS o� the
Legi�lative Code.
Ordinance number CF 87-1023 amends ohapter 410 nf the code
which regulates the licensing and sale on nnn-intoxicating
malt liquor. The amendment would add a new section,
41Q, 12, which contains a provision for su�pen�ion,
revocation or civil fine identical to that provided in
chapter 409 ( intoxicating lic{unr) .
Ordinance number CF 87-254 would add prnvisions to chapter
�109 relating to intoxicating liqunr. The purpose of the
ordinance is stated in �ubdivision 1 thereof as follows:
Purpose. The purpose nf thiJ J�C41O� is to establish
a standard by which the License Inspector may be
guided in determining which license holder should be
brought before the city council for possibls adverse
action, including license suspen�inn, revacatinn,
fine/and or the placing of conditions upon the
�UJl11GJJ ��VVIIJG. This JeVl+l�ll JIIQ�� apply �W [.���
�II�J��V and O��rJG1�� licensed �UJ.YIIBJJC.3Jw
Fnllowing thi� statement of purpose is a "paint �chedule"
listin.g types of offense� and assigning to each type a
paint value. 5ubdivi�ion 3 provides that the license
inspector sha11 bring to hearing before the city cpuncil
any licensee who has accumula�ed more than 100 poant�
during a 12-month period, 150 points during a 24-month
periad and 200 points during a 36-month periad. Therefore
the pnint system e�tablished by the ordinance directs the
�
License Inspector's actinns regarding when the Council
• should be natified of liquor related violations for the
purpose of considering taking some type of adverse action,
such as su�pension, revocation or civil fine.
In addition to specifying when the License Inspector shall
schedule adverse hearings, subdivision 4 also establishe�
a standard guiding the council in determining what type of
adverse action �hould be taken in each instance. Thi�
subdivision provides that in the in�tance where 100 point�
are accumulated during a 12-month period a 5 day
suspension may be levied; 150 points during a 24-month
period may r�sult in a 10 dayJ �UJpension, and a 15 day
suspension in the case af 2p0 points during a 36-mnnth
period.
�ubdivision 5 provide� that the council may take other
adver�e in a particular case, different th�n that
suggested in subidivision 4, including revocation or a
ci.vil fine not to exceed $2,OOQ.
Ordinance number CF 87-681 is somewhat similar to the
above ordinance (87-254) in that its stated purpo�e is to
provide �he cnuncil with standards by which it will
cletermine wha� type of adverse action is to be taken
regarding liquor-law viola�ions and when the License
Inspector should bring to the council 's attention such
vi.olatian� by licensee�.
Purpos�. The purpo�e of thi� section is to establish
a standard by which the City Council detsrmines the
length of license suspensinn�, revoaation, fine and/or
the placing of conditions upon the bu�iness license.
This section sha11 a{aply to all on-sale and of-F-sale
licensed businesses.
�ubdivision 2 requires that the License Inspector place on
the cauncil agenda for adverse hearing any liquar-related
convictions on behalf of licen�ees or employees. In
additinn, the Inspectar is required to place on the
Council , at �he request of the Fire Chief ot- Directar of
the Department of Cnmmunity Services, any licensee who has
failed to correc� violations of fire, building or health
cade� within the time �pecified by the respecti.ve
administrative official .
�ubdivision 3 specifies that the In�pector �ha11 pl.ace
these hearings on the cnuncil agenda withi,n 60 day� of
each conviction or notification reoeived from the Chief or
Director and require� that the Inspector �end written
notice of the hearing �o those partie� specified in the
Early Nntification policy.
Subdivision Q of the propo�ed ordinance requires the
Inspector to notify city staff of the council hearing,
�pecifies that the Tn�pectar is to receive reports from
a11 city �taff wha wi11 then provides copies of the
report� to all councilmembers, and alsa requires that city
staff appear at the council hearing.
�ubdivi�ion 5 sets forth standards to guide the cnuncil in
de�ermining what adverse action to tak� in the case of
convictions nr uncorrected code violations, broken dnwn
into three cla�ses: lst occurrence, 2nd occurrence and
3rd occurrence.
�ubdivision b states that a conviction or violation shall
be cansidered a 2nd one if it occurs within 18 month� of
the first cnnviction or report, and shall be con�idered a
3rd one if it nccurs within 3q mnnths of the �econd
conviction or report.
Subdivision 7 require� that the Council consider the
evidence presented at the hearing, and that it may take
some form of adverse action, �uch as suspension,
revocation, civil fine or placement of conditions upon the
license.
�ubdivision 8 prohibits councilmembers from oontacting any
of the affected parties prior ta th� council making a
determination on what adverse action is to be taken, other
than communicating any que�tion� ta the City Attorney for
a written response to a11 councilmembers and a�fected
partie�.
�ubdivi�ion 9 �tates that the Cpuncil retains the right to
�uspend up to 60 days or revoke a license ar impo�e a
civil fine nnt to exceed $2,000 for liquor related
violations of ordinance or statutory provi�ions.
very truly yours,
Jerome J . Sega1
Assistant City ��tarney
GC: Councilmember�
Mayor
Director , Finance Dept.
Directnr , Community �ervice
License Inspec�or
Fire Chief
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AGENDA MATERIALS
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ORIGINATOR ��,,,�� �-cey�� � CONTACT_CQ���, (�_� J�
COUNCIL ACTION
MASTIIt FILE INFO. AVAILABLE � o ���
� Z .�
ORD/RESOL.�� DATE FILE CIASID