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00-03�� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 Committee: Date WHEREAS, the Office of License, Inspections and Environmental Protecfion began advexse action against all licenses held by Todd Erickson, d!b(a Summit Amusements for delinquent 1997-98 and 1998-99 license fees; and �� WFIEREAS, Todd Erickson requested a hearing before and admuustrative law judge and a hearing was held on August 17, 1999, but Mr. Erickson failed to appear; and WHEREAS, the report from the Administrative Law Judge found that there was a basis for action against the licenses; now therefore, be it RESOLVED, that the Adminisirative Law Judge Report dated October 13, 1999 is hereby adopted in its entirety and is attached and made incorporated by reference. FURTHER RESOLVED, that all licenses of Todd Erickson, d/b/a Summit Amusements, are hereby suspended until such time as all license fees have been paid. Said suspension shall be stayed for a period of thirty days on the condition that 1) all fees for the 1997-98 and 1998-99 license period are paid in full by January 15�', 2000; and 2) that licensee pay the costs of the administrative law hearing, in the amount of $273, which shall be paid to the Office of LIEP by January 15, 2000. 21 A copy of this Resolurion, as adopted, sha11 be sent by first class mail to the Licensee and the 22 Administrative Law Judge. Requested by Department of: By: Farm Approved by City Attoxney 1 p By: �, ' ��Y� � c.�Y �u�, � ,r Approved by Mayor for Submission to Council By: Apps By: Council File # O O� �� GreenSheet# �00'��(� RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: Adopted by Council: Date �c�DQ � Adoption Certified by Counc' Secsetasy 00-fl3 0£fice of LIEP/ NTACT PERSOtJ & RiIX� Vix�inia Palmex Attoiney � 12J28/99 GREEN SHEET -�,-,�� No u :; .; � � � TOTAL � OF SIGNATURE PAGES rc� .�,: � ,r� ..�.• a arrcm.ra ❑ ananouer ❑ anctwc _ ❑ wuxeuu.a�cson ❑ wuxqr,t.acnrl�a ❑n"°m�°n�w�p ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken December 22, 1999, suspending all licenses held by Todd Erickson, dba Su�it Amusement, 2274 University Avenue West, until all fees are paid. PIANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION IF APPROVED AMOUNT OF TRANSACTION 3 MFORMAl10N(RPWNj Hasthi6 pe�^�aNGrtn erer wak¢d uMer 8 conUactia'thie departmeM? ves rio Has mie a��m e.er eeen e cily emWoree7 YES NO Does this pereanlfitm P� a eidll not iwm�elNPossesseE by anY curreM cilY emPloYeeT YES NO Is ihic pe'soNhrm a fergMed verNOR YES NO COST/REVEl/UEBUDfiETED(qRCLEON� YEa NO Acrnnn Nu�ea�te Gflt�El� R�@aT�h ��R`eY 00-03 Interdepartmental Memorandum CIT'Y OF SAINT PAUL DATE: TO: FROM: RE: Nancy: December 28, 1999 Nancy Anderson Assistant Council Secretary 310 City Hall Peter Pangborn Legal Assistant 400 City Hall Consent Agenda - January 5, 2000? 1. Summit Amusement L`�ii.K3�;� ��cz'r_,`? S.a�i�f�r ; - .. ... Y ��11'l: Attached is the resolution identifying the council's adoption of the ALJ's Findings of Fact, Conclusions and Recommendation with regards to the licenses held by Todd Erickson, d/b/a Summit Amusement. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, January 5, 2000, if possible. Thanks. Sincerc'ly, Peter P. OFFTCE OF THE CITY ATTORNEY C(aytan M. Robinson, Jr., Ciry Attarney D�-D 'S S CITY OF SAINT PAUL Norm CaZeman, Mayor October 19, 1999 Mr. Todd Erickson Suuvnit Amusement Civil Drvirion 400 Ciry Hall Telephone: 657 266-8710 IiWestKelloggBlvd Facsimile:651298-56l9 Saint Paul, ilfinnesota 55101 - NOTICE OF COUNCIL HEARING - - �•v'�i, si � :°� �._ ,.. _ - ;, 2274 University Avenue West Saint Paul, Minnesota 55105 RE: Ail Licenses held by Todd Erickson d/b/a Summit Amusement For the premises located at 2274 University Ave. W. in St. Paul License ID No.: 95076 Our File Nuznber: G99-0268 Dear Mr. Erickson: Q�� S � �� Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, November 24, 1999, in the City Council Chambers, Third Ploor, Saint Paul City Hall and Ramsey County Courthouse. You haue 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 will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � v �� Virginia er Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Heather Worthington, Executive Director, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 ,,..�. ... ........... _ '�,�`��;�' - �� :: October 13, 1999 STATE OF MINNE50TA OFFICE OF ADMINTSTRATIVE HEARINGS 1 DO Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City HaII 15 W. Keflogg Bivd. St. Paul, MN 55102 RE: I� the Matter of AA Licenses held �y Todd Erickson, d/b/a Summit Amusement for the Premises located at 2274 University Avenue West in St. Paul. License ID No. 0095076 . OAH Docket No. 15-2111-12490-3 Dear Mr. Owusu: ao-o3 Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings ofi Fact, Conclusions and Recommendation in the above- entitled mafter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, pfease contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, �� BEVERLY NES HAYDINGER F,dmiristrative Law Judge Telephon e: 612/341-7606 BJH:cr Encl. cc: Virginia D. Palmer Todd Erickson �i�«�� OCT 1 � 1399 �1�� ' Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 C9D-�.3 15-2111-12490-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In the Matter of A{! Licenses held by Todd FINDINGS OF FACT, Erickson, d/b/a Summit Amusement for CONCLUSIONS AND the Premises focated at 2274 University RECOMMENDATfON Avenue West in St. Paul. License ID No. 0095076 This matter came on for fiearing before Administrative Law Judge Beverly Jones Heydinger at 9:30 a.m. on Tuesday, September 28, 1999, Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keilogg Boulevard, Saint Paul, Minnesota, appeared for the Office of License, Inspections & Environmental Protection. Todd Erickson, the licensee, did not appear in person or by counsel. The record closed on the date of the hearing. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council will make the finaf decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. 14.61 (1998), the City Council shail not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. Parties should contact the Saint Paul City Council, 310 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, to learn the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE Did the Licensee, Todd Erickson d/b/a/ Summit Amusement, pay the license fees owing for the 1997-1998 and 1998-1999 license periods? Based upon all of the proceedings herein, the Administrative Law Judge makes the fol4owing: D�-o3 FINDINGS OF FAC7 1. On August 17, 1999, the Notice of Hearing in this matter was served upon Todd Erickson at his place of business, Summit Amusernent, 2274 University Avenue West, St. Raul, MN 55105. It notified the Licensee that the hearing was scheduled for Sepfember 28, 1999. it was not returned as undelivered. 2. The Licensee failed to appear at the hearing and no one appeared on his behalf. 3. Because the Licensee failed to appear, he is in default. 4. Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice of Hearing are taken as true and incorporated into these Findings of Fact. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative La�v Judge and the Saint Paul City Council have jurisdiction in this case.' 2. The Licensee received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. ` 3. The City Councii has authority to suspend or revoke a license and to impose penalties for violation of applicable statutes and rules. 4. The facts set out in the Notice of Hearing constitute violations of Section 318 ofi the Saint Paui Legisiaiive Code, which governs idechanicaf Amusement Devices. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ' Saint Paul Legislative Code § 310.06. 2 Saint Paul Legislative Code § 310.05. ' Saint Paul Legislative Code § 310.06. �D C�3 RECOMMENDATION IT IS HEREBY RECOMMENDED that the City Councii take appropriate action against the Licensee, Todd Erickson. Dated this 13 day of October, 1999. � i �. _. ��:;� -,� '�..a�� : /ir� � - � •. - •.- � Renorted: Tape Recorded. NOTICE Pursuant to Minn. Stat. Sect. 14.62,� subd. 1(1998), the City Councii is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. �� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 Committee: Date WHEREAS, the Office of License, Inspections and Environmental Protecfion began advexse action against all licenses held by Todd Erickson, d!b(a Summit Amusements for delinquent 1997-98 and 1998-99 license fees; and �� WFIEREAS, Todd Erickson requested a hearing before and admuustrative law judge and a hearing was held on August 17, 1999, but Mr. Erickson failed to appear; and WHEREAS, the report from the Administrative Law Judge found that there was a basis for action against the licenses; now therefore, be it RESOLVED, that the Adminisirative Law Judge Report dated October 13, 1999 is hereby adopted in its entirety and is attached and made incorporated by reference. FURTHER RESOLVED, that all licenses of Todd Erickson, d/b/a Summit Amusements, are hereby suspended until such time as all license fees have been paid. Said suspension shall be stayed for a period of thirty days on the condition that 1) all fees for the 1997-98 and 1998-99 license period are paid in full by January 15�', 2000; and 2) that licensee pay the costs of the administrative law hearing, in the amount of $273, which shall be paid to the Office of LIEP by January 15, 2000. 21 A copy of this Resolurion, as adopted, sha11 be sent by first class mail to the Licensee and the 22 Administrative Law Judge. Requested by Department of: By: Farm Approved by City Attoxney 1 p By: �, ' ��Y� � c.�Y �u�, � ,r Approved by Mayor for Submission to Council By: Apps By: Council File # O O� �� GreenSheet# �00'��(� RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: Adopted by Council: Date �c�DQ � Adoption Certified by Counc' Secsetasy 00-fl3 0£fice of LIEP/ NTACT PERSOtJ & RiIX� Vix�inia Palmex Attoiney � 12J28/99 GREEN SHEET -�,-,�� No u :; .; � � � TOTAL � OF SIGNATURE PAGES rc� .�,: � ,r� ..�.• a arrcm.ra ❑ ananouer ❑ anctwc _ ❑ wuxeuu.a�cson ❑ wuxqr,t.acnrl�a ❑n"°m�°n�w�p ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken December 22, 1999, suspending all licenses held by Todd Erickson, dba Su�it Amusement, 2274 University Avenue West, until all fees are paid. PIANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION IF APPROVED AMOUNT OF TRANSACTION 3 MFORMAl10N(RPWNj Hasthi6 pe�^�aNGrtn erer wak¢d uMer 8 conUactia'thie departmeM? ves rio Has mie a��m e.er eeen e cily emWoree7 YES NO Does this pereanlfitm P� a eidll not iwm�elNPossesseE by anY curreM cilY emPloYeeT YES NO Is ihic pe'soNhrm a fergMed verNOR YES NO COST/REVEl/UEBUDfiETED(qRCLEON� YEa NO Acrnnn Nu�ea�te Gflt�El� R�@aT�h ��R`eY 00-03 Interdepartmental Memorandum CIT'Y OF SAINT PAUL DATE: TO: FROM: RE: Nancy: December 28, 1999 Nancy Anderson Assistant Council Secretary 310 City Hall Peter Pangborn Legal Assistant 400 City Hall Consent Agenda - January 5, 2000? 1. Summit Amusement L`�ii.K3�;� ��cz'r_,`? S.a�i�f�r ; - .. ... Y ��11'l: Attached is the resolution identifying the council's adoption of the ALJ's Findings of Fact, Conclusions and Recommendation with regards to the licenses held by Todd Erickson, d/b/a Summit Amusement. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, January 5, 2000, if possible. Thanks. Sincerc'ly, Peter P. OFFTCE OF THE CITY ATTORNEY C(aytan M. Robinson, Jr., Ciry Attarney D�-D 'S S CITY OF SAINT PAUL Norm CaZeman, Mayor October 19, 1999 Mr. Todd Erickson Suuvnit Amusement Civil Drvirion 400 Ciry Hall Telephone: 657 266-8710 IiWestKelloggBlvd Facsimile:651298-56l9 Saint Paul, ilfinnesota 55101 - NOTICE OF COUNCIL HEARING - - �•v'�i, si � :°� �._ ,.. _ - ;, 2274 University Avenue West Saint Paul, Minnesota 55105 RE: Ail Licenses held by Todd Erickson d/b/a Summit Amusement For the premises located at 2274 University Ave. W. in St. Paul License ID No.: 95076 Our File Nuznber: G99-0268 Dear Mr. Erickson: Q�� S � �� Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, November 24, 1999, in the City Council Chambers, Third Ploor, Saint Paul City Hall and Ramsey County Courthouse. You haue 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 will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � v �� Virginia er Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Heather Worthington, Executive Director, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 ,,..�. ... ........... _ '�,�`��;�' - �� :: October 13, 1999 STATE OF MINNE50TA OFFICE OF ADMINTSTRATIVE HEARINGS 1 DO Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City HaII 15 W. Keflogg Bivd. St. Paul, MN 55102 RE: I� the Matter of AA Licenses held �y Todd Erickson, d/b/a Summit Amusement for the Premises located at 2274 University Avenue West in St. Paul. License ID No. 0095076 . OAH Docket No. 15-2111-12490-3 Dear Mr. Owusu: ao-o3 Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings ofi Fact, Conclusions and Recommendation in the above- entitled mafter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, pfease contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, �� BEVERLY NES HAYDINGER F,dmiristrative Law Judge Telephon e: 612/341-7606 BJH:cr Encl. cc: Virginia D. Palmer Todd Erickson �i�«�� OCT 1 � 1399 �1�� ' Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 C9D-�.3 15-2111-12490-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In the Matter of A{! Licenses held by Todd FINDINGS OF FACT, Erickson, d/b/a Summit Amusement for CONCLUSIONS AND the Premises focated at 2274 University RECOMMENDATfON Avenue West in St. Paul. License ID No. 0095076 This matter came on for fiearing before Administrative Law Judge Beverly Jones Heydinger at 9:30 a.m. on Tuesday, September 28, 1999, Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keilogg Boulevard, Saint Paul, Minnesota, appeared for the Office of License, Inspections & Environmental Protection. Todd Erickson, the licensee, did not appear in person or by counsel. The record closed on the date of the hearing. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council will make the finaf decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. 14.61 (1998), the City Council shail not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. Parties should contact the Saint Paul City Council, 310 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, to learn the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE Did the Licensee, Todd Erickson d/b/a/ Summit Amusement, pay the license fees owing for the 1997-1998 and 1998-1999 license periods? Based upon all of the proceedings herein, the Administrative Law Judge makes the fol4owing: D�-o3 FINDINGS OF FAC7 1. On August 17, 1999, the Notice of Hearing in this matter was served upon Todd Erickson at his place of business, Summit Amusernent, 2274 University Avenue West, St. Raul, MN 55105. It notified the Licensee that the hearing was scheduled for Sepfember 28, 1999. it was not returned as undelivered. 2. The Licensee failed to appear at the hearing and no one appeared on his behalf. 3. Because the Licensee failed to appear, he is in default. 4. Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice of Hearing are taken as true and incorporated into these Findings of Fact. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative La�v Judge and the Saint Paul City Council have jurisdiction in this case.' 2. The Licensee received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. ` 3. The City Councii has authority to suspend or revoke a license and to impose penalties for violation of applicable statutes and rules. 4. The facts set out in the Notice of Hearing constitute violations of Section 318 ofi the Saint Paui Legisiaiive Code, which governs idechanicaf Amusement Devices. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ' Saint Paul Legislative Code § 310.06. 2 Saint Paul Legislative Code § 310.05. ' Saint Paul Legislative Code § 310.06. �D C�3 RECOMMENDATION IT IS HEREBY RECOMMENDED that the City Councii take appropriate action against the Licensee, Todd Erickson. Dated this 13 day of October, 1999. � i �. _. ��:;� -,� '�..a�� : /ir� � - � •. - •.- � Renorted: Tape Recorded. NOTICE Pursuant to Minn. Stat. Sect. 14.62,� subd. 1(1998), the City Councii is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Attachments to C.F. 00-03 ALJ' S Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge. :,/� �� Cro q :��^ = �� L.1 � } � ' 7 � October 13, 1999 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEAAINGS 100 Wasfiington Square, Suite 'I700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City Hall 15 W. Kellogg Bivd. St. Paul, MN 55102 � t�ECE!VEG �CT 141999 ,-,.- , �,� y 3 z1 �� RE: In the Matter of All Licenses heid by Todd Erickson, d/b/a Summit Amusement for the Premises located at 2274 University Avenue West in St. Paui. License ID No. 0095076 OAH Docket No. 15-2111-12490-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, � /�-,�gp �G��`�e/�C �. � U BEVERLY NES HAYDINGER Administrative Law Judge Telephone: 612/341-7606 BJH:cr Encl. cc: Virginia D. Palmer Todd Erickson Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (672) 341-7346 � Fau No. (612) 349-2665 � STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy A. Ringdahl, being first duly sworn, hereby deposes and says that on the 13th day of October, 1999, at the City of Minneapolis, county and state aforementioned, she served the attached FIND{NGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 15-2111-12490-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first ciass postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 W. Kellogg Bivd. St. Paul, MN 55102 Todd Erickson Summit Amusement 2274 University Ave. West St. Paul, MN 55105 Virginia D. Paimer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �� Cindy A. R' g ahl Subscribed and sworn to before me this 13th day of October 1999. � Notary Public ( R,� . �„ °.�' NOTLP. PON REUA;V ' �� iiEN�\EPIN CCUNTY � < �.:,_ •�.r � < . � Ny Comm. Ecpr,es Jan 3L 2C�0 i f 15-2111-12490-3 STATE OF MINNESOTA OFFICE OF ADMIN{STRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In the Matter of All Licenses held by Todd FINDINGS OF FACT, Erickson, d/b/a Summit Amusement for CONCLUSIONS AND the Premises located at 2274 University RECOMMENDATION Avenue West in St. Paul. License ID No. 0095076 This matter came on for hearing before Administrative Law Judge Beverly Jones Heydinger at 9:30 a.m. on Tuesday, September 28, 1999, Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota, appeared for the Office of License, Inspections & Environmental Protection. Todd Erickson, the licensee, did not appear in person or by counsel. The record closed on the date of the hearing. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council will make the finai decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conciusions, and Recommendation. Under Minn. Stat. 14.61 (1998), the City Council shall not make a fina� decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. Parties should contact the Saint Paul City Council, 310 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, to learn the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE Did the Licensee, Todd Erickson d/b/a/ Summit Amusement, pay the license fees owing for the 1997-1998 and 1998-1999 license periods? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On August 17, 1999, the Notice of Hearing in this matter was served upon Todd Erickson at his place of business, Summit Amusement, 2274 University Avenue West, St. Paul, MN 55105. It notified the Licensee that the hearing was scheduled for September 28, 1999. It was not returned as undelivered. 2. The Licensee failed to appear at the hearing and no one appeared on his behalf. 3. Because the Licensee failed to appear, he is in default. 4. Pursuant to Minn. Rules part 1400.6000, the ailegations contained in the Notice of Hearing are taken as true and incorporated into these Findings of Fact. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case.' 2. The Licensee received timely and proper notice of the hearing and the City has complied with al1 relevant substantive and procedural requirements of statute and rule. 3. The City Council has authority to suspend or revoke a license and to impose penalties for violation of applicable statutes and rules. 4. The facts set out in the Notice of Hearing constitute violations of Section 318 of the Saint Paul Legislative Code, which governs Mechanical Amusement Devices. Based upon the foregoing Conclusions, the Administrative Law Judge makes the fiollowing: ' Saint Paul Legislative Code § 310.06. Z Saint Paui Legislative Code § 310.05. ' Saint Paul Legislative Code § 310.06. RECOMMENDATfON IT IS HEREBY RECOMMENDED that the City Council take appropriate action against the Licensee, Todd Erickson. Dated this 13 day of October, 1999. � � � Adm n str � �Law ,1U R Reported: Tape Recorded. NOTfCE Pursuant to Minn. Stat. Sect. 14.62, subd. 1(1998), the City Council is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. � ��sc,_ STATE OF MINNESOTA � OFFICE OF ADMINLSTRATIVE HEARIIVGS — - 100 Washington Square, Suite 1700 - _ = 100 Washington Avenue South ��";�--�• Minneapolis, Minnesota 55401-2138 September21, 1999 Mr. Todd Erickson Summit Amusement 2274 University Ave. West Saint Paul, MN 55105 Ms. Virginia Palmer Assistant City Attomey 400 City Hall & Court House 15 W. Keilogg Boulevard Saint Paul, MN 55102 Re: All licenses held by Todd Erickson d/b/a/ Summit Amusement for the premises located at 2274 University Ave. W. in St. Paul License ID No.:0095076 OAH Docket No. 15-2111-12490-3 Dear Mr. Erickson and Ms. Palmer: In order to accommodate a schedule change, this matter has been reassigned to me by Judge Nickolai. With this reassignment, please note the change to the docket number. The time, place and dafe of hearing remain the same. Sincerely, BJH:dn Beverly Jones Heydinger Administrative Law Judge Supervisor, Child Support Section Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Child Support Section (612) 349-2551 • TDD No. (612) 341-7346 ° Fax No. (612) 349-2574 � .� OFFICE OF ADMINISTRATIVE HEARINGS FOR 1`HE COUNCIL OF THE CITY OF SAINT PAUL In Re The Licenses Held By Todd Erickson d/b/a Sunuuit Amusement CITY'S PROPOSED EXHIBITS September 28, 1999 TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposede�ibits for the Administrative Hearing on September 28, 1999. Exhibit No. Exh. No. 1 Exh. No. 2 E�. No. 3 Exh. No. 4 E�i. No. 5 Description Invoice, dated July 26, 1999 (4 pp.); License Information Report, dated July 30, 1999 (3 pp.); Notice of Violation, dated July 30, 1999, with �davit of Service � PP•); Letter from Todd Erickson, date stamped August 12, 1999 (1 p.); Notice of Hearing, dated August 17, 1999, with Affidavit of Service � PP•)• 0 i L$ T 9) ZOTSS ��osauuTy� °InEd �u�s p.�nainog ��oiIa}I �satY1 Si iI�H �i?� OOb ,fauto�F� �1?� a�T.L3o aoTd30 �fawo�y �t� �uz�sissy iauijed •Q i t�zin '666 i `iaquia�das 30 �isp �gZ sn�� pa�tuzqns ,ij��oadsag 90'OT£ § apo� ani�ajst�aZ InEd'�S SO'0 T£§ apo� ant�eisi�aZ InEd •}S :sa�ueutpio �T� InBd •;S ajqzotidd� 3o satdoo ,isauno� pug aseaid paqoz�� osiy ��,' . � Y tD: Invoice ❑ Chetk this box if making any name, mailing address or phone # corrections. Please write the changes on this form. ff your business license address is changing, please request a new business Iicense applicafion. July 26, 1999 To: TODD ERICKSON SUMMIT AMUSEMENT 1396 SUMMIT AVE ST PAUL MN 55105 CITY OF SAINT PAUL Office of License, Inspections & Environmental Protection 350 St. Peter Street, Suite 300 Saint Paul, MN 55102-1510 PHONE: (651)266-9090 FAX: (651)266-9124 Invoice Due Date: Upon Receipt Account Balance: $4,389.00 Pay this Amount: $4,389.00 Transaction Description @ 2274 University Avenue West 0095076 MAD Operator (includes 10 machines), Expired 10/31/1997 MAD - Music Machine (1) MAD - each additional machine over 10 (19) . 1997-1995 Late Fees 0095076 MAD Operator (includes 10 machines), Expired 10/31/1998 MAD - Music Machine (1) MAD - each additional machine over 10 (19) 1998-1999 Late Fees Requirements *Submit list of machines including machine type and location of machine Transaction Total 583.00 44.00 836.00 731.50 583.00 44.00 836.00 731.50 I�ce Amount Due: $4,389.00 � Todd Erickson d/b/a Summit Amusement � City's Exh. # 1 — �� olsa6uay� 1- � � sivawwo� 'a'�I14xaN aad aW'I eniuM WN ; , o4'ewIAs141PanIeMl]aBIlWlaajeW�'N�onnaadmd I ;;.,a�`v,n �anneuaa o1 pa4�mNV01IgW pawnlaJ J0 Jooad i �ssaappy paa�oou� ol an4paanpap ol alq�u� seM j bllSS swawwo�, I � ,"� � swawwo� uoipy asaanpy i esuaa�� sng 960468 :PI xe1 salgS 3W3Sf1WV 11WWf15( 'V80 NOSNJIi130001� :aasuaoi� diz a e�n :uoi{�aaip :li�uno� ls!p p�aN aw1S i �u� pu� yu� :addllaaalS ;'�YD �aweN �aaa{� j u�n ;g �aaa� aa10 AUadoid y ai� ( asua�i� aa}g � a�y� ('I'lIB)WVIIlNA�1l3H1Nil`J �aolnYlpmdl�afoad � lapp{ou� � aasuaoi� � I sqnwa.nnba�7 ` puoB f aouemsu� I saBdl'o�� f aasuaoi� 1N3W35f1WH lIWW(1� V94 �pi -�,+� y. 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Division 400 Ciry Ha/l 1 S 1['est Kellogg Blvd Saint Paul, ILlinnesata 55J02 Telephone: 65! 266-8i10 Facsimile: 651298-5679 July 30, 1999 NOTICE OF VIOLATION Mr. Todd Erickson Summit Amusement 1396 Summit Avenue Saint Paul, Minnesota 55105 RE: All licenses held by Todd Erickson d/b/a Summit Amusement for the premises located at 2274 University Ave. W. in St. Paul License ID No.:0095076 � Dear Mr. Erickson: The Director of the Office of License, Inspections and Environmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: License fees for the 1997-1998 and 1998-1999 license periods have not been paid. The total amount now due including license fees and penalties is $4,389.00. If you do not dispute the above facts, please send me a letter admitting that they are true. The matter will then be scheduled before the City Council for a hearing to determine �vhat penalty, if any, is appropriate. You will have a chance to appear and make a statement before the Council on your behalf. You may also pay the sum to the O�ce of License, Inspections and Environmental Protection immediately to take care of this matter. If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative 1aw judge. If you wish to have such a heazing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. � � � Todd Erickson d/b/a Summit Amusement City's Exh. # 3 . �-: _ Page 2 Summit Amusement July 30, 1999 In either case, please let me know in writing no later than Thursday, August 12,199�, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feet free to call me or have your attomey call me at 266-8710. Sincerely, ✓ � Gh �� G�'vW� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Heather Worthington, Executive Director, St. Anthony Park Community Council, 890 Cromwell.Ave., St. Paul, MN 55114 , �. STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 2, 1999, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Todd Erickson Summit Amusement 1396 Summit Avenue St. Paul, MN. 55105 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Uni tates mails ai�hl, Minnesota. G: Subscribed and sworn before me this 2nd day�-f1Au st �l-�9�. Notary Public � p �""�nn� � •L... � T�vR 8(I C�I N� o ��qyWh,y��EWires Jan. 31. 2[yy Summit Amusement 2274 University Ave. W. St Paul, M1`' S5114 August 11,1999 Virginia D. Palmer, Assistant City Attamey City of St Paul, 400 City HaIl,15 W. KelIogg Btvd. St. Panl, MN 55102 Dear Ms. Palmer, - -:.� _ _. � > _ ,, - �09`3 ... � - � �q� -� . _ ��yJ'��x�sY �,.` � ' Over the last 24 years I have never been late once with my ivIAD Licenses. About fifteen plus years ago, the renewaf date was over the week-end and my fees were postmarked on Saturday. Joe Carchedi threw my envelope with the postmark away so he couid coltect a late fee. He even admitted as such. He received it on Monday. Because of this, I naw only pay fees to St. Paul via certi�ed mail. When Mr. Jens stopped by my p{ace of employment (which is on University Avenue NOT Sammit Avenue where you continually send my main, I showed him my receipt for one year and he flippantly remarked, "How do I know what was in the letter?" Before the year in question, licensing called me three weeks or so after the due date and said I was late. I talked to Christine and when she was informed it was sent certified maii, the late fee was dropped. The next year, the city refused delivery of my certified letter. Again, the matter was dropped around sir months later. This is after the city started cailing my yoang daaghter at home telling her I haven't paid my fees !!! With everything sent certified, the city is entitted to only the license fees at cnrrent rates. I lost the accounts of "Ace Box Bar," "OJ's," and "Grand Siam" where I had games. I would like to have an evidentiary hearing before an administrative Iaw judge. It is prudent that you know how poorly the city has handled this matter. We have 4-5 years where the city has made massive errors concerning my licenses. I will wait to hear from you. S�er Y�� ^�'�'�' � Todd Erickson � ■ Todd Erickson d/b/a Summit Amusement City's Exh. # 4 — � § 310.04 LEGISLATIVE CODE appeal shall be that there h� been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular tha alleaed errors of law. The council shall conduct a hearing on the appeal within thirty (30) day; of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set fortn in section 310.05, insofaz as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the license. (fl Nc u;aieer by renew¢l. The renewal of any license, �vhether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-58; C.F. No. 94-500, § 1, 7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No. 95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97) Sec. 310.05. Heariag procedures. (a) Adoerse ¢ction; notice and he¢ring require- ments. In any case where the council may or intends to consider any adverse action,including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the epplicant or licensee shall be given notice and an opportunity to be heazd as provided herein. The counci: may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or ;icensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. Tha notice shall state the issues involved or grounds upon which the adcerse action may be sought or based. The council may request that such written notice be prepazed and served or mailed by the inspector or by the city attarney. (c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing examiner appointed by the coun- cil o* retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evider_ce and azgument as well as meet adverse testimony or evidence by reasonable cross-exanunation and rebuttal evidence. The hearing examiner may in its discretion permit otherinterested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (c-1) Procedure; Izearing examirzer. The heaz- ing examiner shall heaz all evidence as may be presented on behalf of the city and the applicant or licensee, and shall present to the council writ- ten findings of fact and conclusions of law, to- gether with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, the hearing examiner's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing examiner. After receipt of the hearing examiner's findings, conclusions, and recommen- dations, the council shall provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclu- sion of that hearing, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearina, the council shall deter- mine what, if any, adverse action shall be taken, which action shall be by resolution. The council Supp. ;�*o. 40 2028.4 LICENSES may accept, reject or modify the findir_gs, conclu- sions and recommendations of the hearing esam- iner. (c-2) Ex parte contacts. If a license maiter has been scheduled for an adverse hearing, council members shall not discuss the license matter witn each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deliber- ations of the mat±er. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, azgument or opinion about the matter, or any issue in the matter, to a council member or his or her stafF until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person �vho has a financial interestin such licensee. (d) Licensee or applic¢nt m¢y be represented. The licensee or applicaat may represent himself or choose to be represented by another. § 310.05 Supp. No. 40 2028.5 LICENSES (e) Record; eazdence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and e�ibits, and shall re- ceive and give weight to evidence, including hear say evidence, which possesses probatice value com- monly accepted by reasonable and prudent persons in the conduct of their a$'airs. (� Courzcil ¢ction, resolution to con_t¢in find- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition o£ conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additionalprocedureswhererequired. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, blinnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to he¢r notwithstandirzg with- dr¢w¢Z or surrender of ¢pplication or ticerzse. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse ac- tion. (i) Continu¢nces. Where a hearing for the pur- pose of considerino revocation or suspension of a license or other disciplinary action in��olving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. § 310.05 (j) If the council imposes an adver,e action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license in- spector and posted by the licensee so as to be vis- ible to the public durina the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps to make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a conte�ted hearina before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative la�r judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been bept, rental of rooms and equipment necessary for the hear- ing, and the cost of experE witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (ii) the nature of the violation was serious, or involved vio?ence or the threat of violence b}� the licensee or employees thereof, or incolved the sale of drugs by the lic- ensee or employee; thereof, and/or the circum- stances under which the «olation occurred were aggravated and serious; (iii) the �zola�on created a serious danger to the public health, safety or welfare; (iv) the violation involced unreasonable risk of harm to wlnerable perscns, or to persons for whose safety the licensee or applicant i; or was responsible; (v) the applicant or licensee �vas sufficiently in control of the situation and there- fore could ha� rea onabl; avoided the violation, such a; but not limited to the nonpz� of a required fee or the failure to renew required in- surance policies; (c�) the : is covered by the matris in sectioa 1 0920 o.`the Legi;iative Code; or (vii)the violation in��oice3 the;ale o= cigarettes to a minor. (I) Imposition o(fin.es. 1ne ccnncil may impose a fine upon anp licen;ee or licen;e applicant as an adverse license action. r? fine may te in such Supp. No. 30 20`L9 § 310.05 LEGISLATIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. To the extent any other provi- sion of the L,egislative Code provides for the im- position of a fine, both provisions shall be read together to the eatent possible; pravided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 175�9, §§ 1, 2, 0-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. I�TO. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. I�TO. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may t¢ke aduerse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the foilowing rea- sons, which are in addition to any other reason specifically provided by la�v or in these chapters: (1) The license or permit �vas procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which aze to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- � puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattem or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from �vhich an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fare, or the licensee performs cr has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in �shich such business is operated, maintains or per- Supp. No. 30 2030 LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) F'ailure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) The licensee or applicant has shown bypast misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited'to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to Minnesota Stat- utes Sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreat- ment of a chiid as defined in Minnesota Stat- utes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which con- stitute a violation ofMinnesota Statutes Sec- tions 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or en- dangerment of a child as defined in Minne_ sota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or baz- ter of a controlied substance as defined in Minnesota Statutes Chapter 152; the pos- session of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially chanaed or permitted a material change in the design, construction or configuration of the licensed premises without the prior ap- proval of the city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permit, from the city. § 310.06 (12) The licensee or applicant has � sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a councIl member as pro- czded in section 310.05(02) of the Legisla- tice Code. The terms "licensee" or `applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the busines; or activity which are li- censed or proposed to be licensed. With respect to any licen;e for activities entitled to the protection ofthe Fir;t Amendment, notwith- ., standing the foregoing pro�z,ions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of re¢soncble conditions and/or restrictions. �Vilen a reasonable basis is found to impose reasonable conditicas and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and/or restrictions may be imposed upon such license for the purpose ofpromoting public health, safety and welfaze, of advancing the public peace and the elimination o£ conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions and/or re;tricrions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation o£ the licensed business or establishment, or on p�icular type, o: zctivi�ies conducted in or on said busines; or estabiishment; t2) Alimitation or re;triction as to the location within the licensed bnsines; or e;tablish- ment �rhose (sic] part;_ular t`pe of activi- ties nay be conducted: (3) A limitation as to the r.:eans of ino ess or egres; from the licen;e3 establishment or its paz�ing lot or immed ydjacent area; (4) A req�1irement to pro�ZCe off-s*reet parking in exce;s of other requi*emenU of law; Supp. No. 30 2031 � 310.06 LEGISLATIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment wi11 harmo- nize with the character of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license holder, or may recommend the unposition of such conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) ,St¢nd¢rds for multiple Iicense determina- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1) The nature and gravity ofthe grounds found by the council to e�st upon which the ad- verse action would be based; (2) The policy and/or regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative importance to the overall busi- ness enterprise of the licensee or applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; (�) The extentto which adverse action against less than all of the licenses or applications would re,ult in di�culty in enforcing and monitoring the adverse action taken; (6) The hardship to the licensee or applicant that �could be caused by applying adverse action to ail licenses or applications; and (7) The hardship and/or danger to the public, or to the public health and welfare, that would tesult from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- 92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. Na. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinst¢tement; re- sponsibility of Iicensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guazan- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, attomeys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications �vithin thirty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30) days, the appli- cant must reapply for a renewal of his license as though it were an original application. (b) Bonds and insurance requirements: (1) Surety Companies: ?11 surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 2032 § 311.09 LEGISLATIVE CODE or privacy statutes unless requested by subpcena. Chapter 317. Amusement Rides Failure to provide the requested information shall be grounds for: Sec. 317.01. License required. (a) Designation of the telephone as a problem telephone; and/or (b) An order for temporary or permanent re- moval of the telephone; and/or No person shall engage in the business of pro- viding amusement rides, for charge, to the public in Saint Paul without a license. (Code 1956, § 411.01) (c) Adverse action against all licenses held by the licensee for the licensed premises where the telephone is located. (C.F. No. 95-64, § 1, 2-8-95) Sec. 311.10. Misdemeanor. Any person who fails to remove a telephone pur- suant to an order issued under section 311.05, or who violates the provisions of sections 311.06 and 311.07, shali be guilty of a misdemeanor. (C.E No. 95-64, § 1, 2-8-95) Chapters 312-314. Reserved SUBTITLE B. CLASS I LICENSES Chapter 315. Reserved* Chapter 316. Animal Foods Manufacturing and Distributing Sec. 316.01. License required. No person shall engage in the business of the manuFacture or distribution of animal foods in Saint Paul without a license. (Code 1956, § 384.01) Sec. 316.02. Fee. The fee required is forty-five dollars ($45.00). (Code 1956, § 384.02) •Editor's aot�The licenses under this chapter, derived from §§ 345.01-345.03 of the city�s 1956 Code, were redesig- nated as Class III licenses by Oxd. No. 17207, adopted Jan. 31, 1985, and recodified as Ch. 423. Sec. 317.02. Fee. The fee required is one hundred dollars ($100.00) for each location at which such person will oper- ate and maintain the business of providing such rides. (Code 1956, § 411.02) Chapter 318. Mechanical Amusement Devices Sec. 318.01. License required; definitions. No person shall own and allow to be operated for business purposes any coin-operated mechan- ical amusement device without a license. A coin- operated mechanical amusement device is hereby defined as any machine which, upon the insertion of a coin, token or slug, operates or may be oper- ated by the public for use as a game, entertain- ment or amusement, which amusement device con- tains no automatic payoff device for the return of money, coins, checks, tokens or merchandise, or which provides no such payoff by any other means or manner. The term "coin-operated mechanical amusement device" shall include so-called pinball machines; music machines; coin-operated televi- sion units; motion picture machines; amusement rides, excepting those provided for under Chapter 317, pertaining to amusement rides o£ the type used at camivals; table shuffieboazd games or sim- ilar games of amusement for which a fee is charged to players for the playing thereof; and all other machines which, by the insertion of a coin or to- ken, operate for the entertainment or Supp. No. 29 2040.4 LICENSES amusement of the player, except weighing ma- chines. (Code 1956, §§ 412.01, 412.02) Sec. 318.02. Fee. The fee required for licenses defined under this chapter shall be established by ordinance as pro- vided in section 310.09(b) of the Legislative Code. (Code 1956, § 412.03; Ord. No. 16784, 4-30-81; Ord. No. 16883, 2-11-82; Ord. No. 17891, § 1, 11-21-91; C.F. No. 95-1268, § 1, 11-8-95) Sec. 318.03. Application. The application shall include, in addition to other required information, a list of the locations where the applicant proposes to install and oper- ate such machines, the kind and number thereof, and the address of the place where the machines are to be stored. All applications shall contain a statement of the list price of such machines. (Code 1956, § 412.03) Sec. 318.04. License tags; no transfer; re- moval. (a) The licensee shaIl receive, in addition to the license, one (1) annual license tag for each ma- chine he is licensed to own, which tag shali be displayed upon the machine in a prominent place. Such license tags must be secured and affixed to - the machines before machines are set up for operation by the public. It shall be the responsi- bility of licensee to obtain and affix such tags to said machines. (b) No license issued hereunder may be trans- fened, but a machine with license tag affixed may be moved by the owner from one (1) location to another; provided, however, that the owner shall notify the inspector in writing at least five (5) days before the move to the new location, advising him of the name and address of the new location; and, further provided, that in the event the in- spector notifies the owner that the intended loca- tion is not properIy licensed if a Iicense is re- quired, is in violation of zoning, health, fire or other codes, or is otherwise unlawfully existing or § 319.02 operated, then the owner shall not move any machines to that location untii the inspector advises that the illegality has been removed. (Code 1956, § 412.03; Ord. No. 17134, 5-10-84) Sec. 318.05. No refund upon revocation; con- fiscation of unlicensed ma- chines. Upon revocation of a license provided for herein, no refund shall be made of any portion of the license fee. The inspector shall confiscate any machine set up for operation by the public if the same is not properly licensed or is operated by an owner or operator not licensed for said purpose. (Code 1956, § 412.03) Sec. 318.06. Gambling prohibited. Neither any person licensed under these chap- ters nor any employee of any such licensee shall permit to be operated in any such licensee's place of business any such machine or device for the making of side bets or gambling in any form. (Code i956, § 412.06) Cross refereaces--(:ambling, Ch. 270; law-f'ul gambling, Ch. 402. Sec. 318.07. Loud music prohibited; hours of operation. No licensee shall permit the operation of a music machine upon his premises in such manner that the music is audible in adjoining premises to the disturbance of the residents of such premises betcveen the hours of 10:00 p.m. and 1:00 a.m. on weekdays; provided, however, that the operation of such machines is permitted from 10:00 p.m. on Saturdays until 2:00 a.m. on Sundays, and, fur- ther, that no licensee shall permit the operation of any music machine in any manner between the hours of 1:00 a.m. and 9:00 a.m. on weekdays, nor on Sundays from 2:00 a.m. until 9:00 a.m. (Code 1956, § 412.07) Chapter 319. Reserved* Secs. 319.01, 319.02. Reserved. • Editor's note—C.F. No. 93-378, adopted April 13, 1993, repealed §§ 319.01 and 319.02, crhich were the substaative provisions of Ch. 319, pertaining to bill posters and derived from Code 1956, §§ 355.01-�5->.03 and Ord. No. 16883, adopted Feb. 11, 1982. Supp. No. 32 2041 § 310.15 LEGISLATIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sec. 310.16. Reserved. Editor's note�ection 310.16, nertaiaing to license fees and annual increases, aad derived &om Ord. No. 16585, adopted Feb. il, 1952; Ord. tio. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted :�*ov. 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any parking lot or other area adjacent to (or under the lease or control o� the licensed premises, and which act or conduct violates any state or federal statutes or regula- tions, or any city ordinance, shall be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410.09 of the Legislative Code, this section shall be eontrolling and prevail; but shall not otherwise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-31-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt orga- nizations or Iate fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the office of the director of the offiee of license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due 2IId OW1IIg. (a) ENFORCEMENT LEVEL 1 Ch¢pter/Section Na• License Descriptiorz Fee 167 Commercial Vehicle $66.00 195.04 Keeping of aaimals (F�cotic Pets) 66.00 316 Animal Foods Management & Dis- tribution 66.00 317 Amusement Rides 66.00 323 Christmas 77�ee Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66.00 332 Liquid Fuel Uehicle 66.00 333 Solid Fuel Uehicle 66.00 336 Private Fuel Pump 66.00 340 Mercantile Broker 66.00 345 Peddler (Solicitor/h�ansient) 66.00 34S Rental of Clothing & Vehicle � 66.00 349 Reatal of Clothes Attire Vehicle 66.00 350.02 Rental of Hospital Equipment 66.00 350.02 Rental of Hospital Equipment Ye- hicle 66.00 351 � Rental of Kitchenware 66.00 353 Roller Rinks 66.00 355.01 Secondhand Dealer- (a) & (b) Siagle LocaGOn 66.00 357.03 Refuse Hauler-Each Vehicle Over One 66.00 359 Sound 1lvcks & Broadcast Vehi- cles 66.00 371 Finishing Shop 66.00 361.14 Tow 1Yvck/Wrecker Vehicle 66.00 362 1Yee'IYimmer-Additional Vehicle 66.00 372 llre Recapping Plant 66.00 376.16(d) TaYicab Driver (new) 66.00 377 Lawn Fertilizer & Pesticide A� plication 66.00 3S0 Tanning Facility 66.00 3S2 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 S1a-�sage Center (Class B) 66.00 414 Massage Therapist 66.00 424.02 Gasoline Fi]]ing Stations 66.00 Supp. No. 33 2036 (b) ENF'Oi2CEMENT LEVEL 2 Chapter/Section No. License Descriptian 320 321.03 322.02 (a) & (b) 326 327 332 333 334 338 342 347 352 354 355.Oi(c) 356 362 364 365.02 367 378 379 401 405.02(a) 406 40S 412 415.04 416 426.04 Bituminous Contractor Rooming & &oazdiugrouse Bowling Center & Pool Halls Buildiag Contractors Laundry & Dry Cleaning Plants Fuel Dealers-Liquid F�el Dealers�olid Pest Control House Sewer Contractors Oil $ulk Storage Pet Shop Rental of 1Y�ailers Sanitary Disposai Busiaess Secondhand Dealer-Eshibitions Sidewalk Contractors 17ee 1Yimming Veterinary Clinic Wiadow Cleaning Tattoo Parlors Bed & $reakfast Rzsidence Lock Openiug Services Motozcycle Dealer Dance or Rental Aali Game Room Recycling Collection Center Massage Center (Class t� TheaEers and Movie TheaLers Motion Picture Drive-in Theater Cabaret (Class A & $3 (c) ENFORCEiVIENT LE�EL 3 Chapter/S'ection No. License Description 225.08 324 354 355.01(d) 357.03 360.03 360.03 361.14 376.04 381 401.02(a)(1) 401.02(a) 401.02(a)(5) 401.02(a)(2) 407.03 407.03 409.07.1 Firearms Cigarettes Sanitary Disposal Vehicie Secoadhand Dealer-Multiple Deal- ers Rzfuse Hauler & Vehicie Public Swimmiag Pools Wfiir3pools Tow '4vck Operator Taxicabs Currency Exchanges New Motor Vehicle Dealer Motor Vehicle Parts Dealer Secondhand Dealer Motor Yehicle Parts Secroadhaad MotorYehicle Dealer HotelRvlotel-To 50 rooms Aotel-Each additional room over 50 A£ter Hours Food Service Supp. No. 35 LICENSES Chapter/Setfion No. Fee $164.00 164.00 164.00 164.00 164.00 164.00 164.00 164,00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 i64.00 164.00 169.00 164.00 164.00 164.00 i64.00 164.00 164.00 i64.00 164.00 164.00 164.00 164.00 412 413 415 4i7.04 (i)--(63 422 423.02(b) 423.02(a) 427 428 L'zcense Description hfassage Center(Class C) Conversation/Rap Pazlor (A & B) Mini-Motion Picture Theater- Adult Pazking Lots Motor Yehicie Salvage Dealer Auto Body Repair Gazage Auto Repair Gazage Health Sports Clubs (Class A & B) Steam Room/8ath House(A & B) (d) ENFORCEMENT LEVEL 4 Chapter/Sectton No. Licerzse Description 331.04 331.04 33i.04 33i.04 331.04 331.04 331.04 331.04 33 i.04 Fee 33i.04 $317.00 317.00 317.00 3i7.00 33i.04 3i7.00 331.04 317.00 331.04 317.00 3i7.00 317.00 317.00 317.00 331.04 317.00 317.00 317.00 317.00 10.00 317.00 2037 Bakery $utcher Catering (A)-Limited Catering ($)-Full Catering (C)-Add on Day Care Food (A) Day Caze Food (B) Food Processor/Distributor/Ware- house Food Salvage , Food Yehicle Food Veading Machine Food Yending Operator Food Wazehause/Distributor Food/Boazding Faciiity Food/Institutional Facility Qrocery(A) Grocery (B) Grocery (C}To 2,000 sq. R. Grocery (D)-More than 2 000 sq. ft. &fobile Food Origiaal Container Restaurant (2J-0-i2 seats Restauraat (B)-More than 12 seats Restaurant (C)-Limited Restaurant (D)-Add on Restaurant (E)-Eatension Special Event Food Sales-l-3 days Special Event Food Sales-4-14 days Spxial Event Food SalesAnnual Special Event Food Sales-Fee Waived § 310.18 Fee 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 Fee $200.00 200.00 225.00 425.00 225.00 25.00 25.00 500.00 500.00 75.00 15.00 75.00 500.00 225.00 25.00 25.00 150.00 200.00 500.00 225.00 50.00 225.00 425.00 225.00 425.00 225.00 500.00 125.00 150.00 25.00 § 310.18 (e) Chapter/Section No. 409 409.01(b) 409.05@)(1) 409.05(63(2) 4os.05(b)(33 40925(b) 409 409.05(e) 409.07(b)(2) 409.11(a)B) 409.i5@) 409.25 410.02 410.02 410.02 410.10(a) 411.03 411.03 4i1.03 41i.03 LEVEL 5 L'uense Ducription InLO�cating Liquor - Liquor Catering Permit OnSale--Over 200 seats OnSal�Over i00 seats OnSaie--i00 seats or less Temporary Liquor On-saie Club--tTnder 200 mem- bers On-sale Club--201-500 mem- bers On-sale C1u1�501-1,000 mem- bers On-sale C1u1�1,001-2,000 mem- bers On-saie Ciub-2,001-4,000 mem- bers On-sale CIul�4,001-6,000 mem- bers On-sale C1ui�G,000+ members OffSaie Sunday On-Sale Extension of Service Wine OnSale Temporary Wine On-Sale Malt (Strong) On-Sale Malt (32) OffSale Malt Temporary Malt Eutertainmenb-Class A EntertainmentrClass B Entertainment-Class C Entertainment Temporary (fl ENFORCEMENT LEVEL 6 Chapter/Section No. Licerzse Description 127 1s� 225.OS 278 � 3i8 331.05 341 344 345 376.i6 391 Courtesy $enches Commercial Uehicle-Iteplacement Fireazms Gambling Hall '�IAD Operation svith up to 30 "✓�ach 1NAD over 10 ldC4usic Maehiae Amusement Rides to 10 Amusement Rides over 10 TV. Units per location Used Equipment Review Fee Single Service Container Pawn Shops 37ansient Merchant Taeicab Driver Renewal Taeicab Driver Duplicate Taxicah Duplicate Plate Soliciting Funds-Tag Days LEGISLATIVE CODE Fee 46.00 $5,050.00 4,650.00 4,200.00 46.00 297.00 497.00 647.00 797.00 997.00 1,997.00 2,997.00 1,000.00 200.00 53.00 1,355.00 46.00 445.00 445.00 89.00 Q6.00 217.00 527.00 2,500.00 27.00 F_e $ 20.00 i8.00 3i7.00 354.00 583.00 42.00 44.00 301.00 28.00 zs.oe 42.00 415.00 2,500.00 65.00 21.00 6.00 16.00 21.00 Chapfer/Settion No. License Descriptiorz Fee 401 SecondhandDeaiuMoWrPehicle Parts-second location 87.00 402 Temporary Gambling (3 types) 21_00 403 Bingo $alls 179.pp 40924(ll Gambling Manager 66.00 409.05(j) Gambling Location-A 66.00 409.05(j) Gambling Location-B 66.00 409.05(j) Gambliag Location-C 66.00 409.04(g)(5) Modification of Pazking 375.00 357.03 Solid R'aste 1Y'ansfer Station 1,500.00 408 Recycling Processing Center 750.00 414 MassageTherapy-PracticalExam- ination Fee 50.00 414 Massage Therapy-Writtea Exam- ination Fee 20.00 429 infectiousWasteProcessingFacii- ity 1,500.00 19S Keeping oFAnimal-Reaewal 25.00 200.03 ' Dog License i0.00 Dog License�Senior Citizen 5.00 Dog License-Lifetime (with Mi- crochip} 30.00 Dog License--Senior Citizen, Life- time (with Microchip) 15.00 200.05 Dog License-Duplicate 5.00 200.OS impounding Fee 30.00 Boazding Fee-Per Day 7.00 Animal Adoption-St. Pau] Resi- dent 42.00 Animai Adoption-Noaresident 200.00 Animal-InstitutionalResearchUse 400.00 (C.F. No. 92-1742, § i, 12-8-92; C.F. No. 93-1650, § i, 12-9-93; C.F. No. 94-20i, § 1, 3-16-94; C.F. No. 941447, § 1, i2-14-94; C.F. No. 95-519, § 2, 6-7-95; C.F. No. 95-1457, § 1, 1-3-96; C.F. No. 96-391, § 3, �-8-96; C.F. No. 96-1095, § i, 10-2-96) Sec. 310.19. Discount from on-sale intoaricat- ing liquor license fees. A discount will be provided for on-sale liquor licenses and shall reduce such fees mentioned in section 310.18 by approximately seven (7) per- cent,in the exact amounts as further provided herein, contingent upon each of the following conditions: (I) Driver's license guide; compilatiorz of l¢ws. The licensee shall maintain on the prem- ises, in a location accessible at all times to all employees of the licensed establish- ment: a. A current driver s license guide which shall inchide license specifications for Supp. No. 35 2038 § 310.15 LEGISLATIVE CODE violate any provision of these chapters or other ordinances or laws relating to licensing is guilty o£ a misdemeanor and may be sentenced in accor- dance with section 1.05 of the Saint Paul Legis- lative Code. The term "person;' in addition to the definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 51015) Sec. 310.16. Reserved. Editor's note Section 310.16, pertaining to license fees and annual increases, and derived from Ord. No. 16885, adopted Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17854, § 1, adopted Nov. 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any parking lot or other area adjacent to (or under the lease or control ofl the licensed premises, and which act or conduct violates any state or federal statutes or regula- tions, or any city ordinance, shall be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shall not otherwise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-31-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees are hereby grovided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; Supp.\o.39 provided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to e�empt orga- niz ations orlatefees. Pursuantto section 310.09(b) of the Legislative Code, these schedules shall be posted in the affice of the Director of the Office of License, Inspections and Environmental Protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January l, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing. (a) ENFORCEMENT LEVEL 1 Ch¢pter/Section No. License Descripttoa Fee 167 Commercial Vehicle 566.00 198 04 Keeping of anixnals (Exotic Pets) 66.00 316 AnimalFoodsManagement&Dis- tribution 66.00 317 Amusement Rides 66.00 323 Christmas'IY-ee Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66.00 332 Liquid Fuel Yehicle 66.00 333 Solid Fuel Vehicle 66.00 336 Private Fuel Pump 66.00 340 Mercantile Broker 66.00 345 Peddler (Soliciton'hansieat) 66.00 348 Rental of Clothing & Vehicle 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospital Equipment 66.00 350.02 Rental of Hospital Equipment Ve- hicle 66.00 351 Renta] of ffitchenwaze 66.00 353 Roller Rinks 66.00 355.01(a) & Secondhand DealerSingie Loca- (b) tion 66.00 357.03 Refu;e Aauler-Each Vehicle Over One 66.00 359 Souad'h�ucks & Broadcast Uehi- cles 66.00 371 Finishing Shop 66.00 361.14 Tow Trvck/Wrecker Vehicle 66.00 362 17ee Trimmer-Addi:ional 6ehicle 66.00 372 Tire Rzcapping Plaat 66.00 376.16(d) Taucab Driver (new) 66.00 377 Laam Fertilizer 8 Pesticide Ap- piication 66.00 380 Tanniag Facility 66.00 382 Pet Grooming 66.00 2036 § 409.065 LEGISLATIVE CODE the coverage of this section in the Legislative Code. It is the intent of this section to require liability insurance coverage for all licenses issued under this chapter without exception. Such insur- ance coverage shall comply with the requirements of Minnesota Statutes, Section 340A.409 and Chap- ters 7 and 8 of this Legislative Code. (Ord. No. 17796, § 1, 12-13-90) Sec. 409.07. Hours of sale; Sunday sales, etc. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until 8:00 a.m, on Monday. No on-sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No off=sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except off-sale shall be permitted on Friday and Satur- day until 10:00 p.m. No off-sale shall be made on Thanksgiving Day or Christmas Day, December 25. If the sale of liquors is not otherwise prohib- ited on July 3, the date preceding Thanksgiving Day or on December 31, off-sale may be made until 10:00 p.m. (b) Sund¢y s¢les: (1) Notwithstanding the provisions of para- graph (b), establishments to which on- sale licenses have been issued or hereaf- ter may be issued for the sale of intoxicating liquors which are hotels or restaurants and which have facilities for serving no fewer than fifty (50) guests at one (1) time may serve intoicicating liquors between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Monday in conjunction with the serving of food, but no liquor shall be served on Sundays other than to persons who are seated at tables; provided, that the licensed establishment is in conform- ance with the Minnesota Clean Indoor Air Act. (2) It is unlawful for any such establishment, directly or indirectly, to sell or serve in- toxicating liquors as provided in subpara- graph (1) above without having first ob- tained a special license therefor. Such special license may be issued by the coun- cil for a period of one (1) year and for which the fee shall be two hundred dol- lars ($200.00). Application for said special license shall be made to the council in the same manner as application for other licenses to sell intoxicating liquor aze made. (c) No consumption or display when prohib- ited. No person shall consume or dispIay or allo�v consumption or display of liquor upon the prem- ises of an on-sale licensee at any tune when the sale of such liquor is not permitted. (d) Priu¢te Christmas parties. Notwithstand- ing any other provision of the Lea slatice Code, the license holder of premises having an on-sale license may once a year during the Christmas season have a private party at no charge to the guests after the lawful closing hours; provided, that a written request for said party is submitted to the license inspector thirty (30) days prior to the proposed date of the party; and provided further, that no sales as defined by law of intoxi- cating liquors or nonintoxicating malt liquor shall be made at or during said party. The inspector shall notify the chief of police of the date o£ each proposed party. (Code 1956, § 30820; Ord. No. 16815, i-23-81; Ord. No. 17037, 6-30-83; Ord. No. 17162, 9-27-84; Ord. No. 17693, § 2, 11-7-89; Ord. No. 17829, § 1, 5-14-91; Ord. No. 17897, § 1, 12-10-91; C.F. No. 95-478, § 3, 5-31-95) Sec. 409.07.1. Extended service license. (a) License. Establishments located holding on- sale licenses issued under this chapter may re- main open for the sale of food after the hours of sale provided in section 409.07 of the Le�islative Code and until 3:00 a.m. if they have first ob- tained an extended service license. Such license shall be a Class III license. Except as pro�zded in subsection (d) below, the notice, hearing and con- sent requirements in section 411.04(b) of the Legislative Code shall apply to extended ser�-ice licenses. Applications shall be made on such forms as may be provided by the Office of License, Inspections and Environmental Protection. The fee for such license shall be established by ordi- nance as provided in secrion 310.19(b) of the Legislative Code. Supp. 1\0. 39 217$ t • " OFFICE OF THE CITY ATTORNEY C[aytox M. Robinson, Jr., City Atlorney CITY OF SAINT PAUL CivHDivision Norm Coleman, Mayor 400 Cify Hall IS {3'er[%!lagg Blvd Sairst Panl, �nhesota 55102 i August 17, 1999 NOTICE OF HEARING Mr. Todd Erickson Summit Amusement 2274 University Avenue West Saint Paul, Minnesota 55105 RE: All licenses held by Todd Erickson d/b/a Suuunit Amusement for the premises located at 2274 University Ave. W. in St. Paul License ID No.:0095076 Dear Mr. Erickson: Te[ephone: 65I 2668770 Facsimile: 651298-5619 a � 0 � ;;: G Please take notice that a heazing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Tuesday, September 28,1999 Time: 9:30 a.m. Place: Room 41 Saint Paul City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 The heazing will be presided over by an Administrative Law 3udge from the State of \�Iinnesota Office of Administrative Hearings: Name: Kenneth A. Nickolai Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: (612) 341-7640 The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paui Legislative Code. In the case of licenses for intoxicating and non- into�cicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. 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: License fees for the 1997-1998 and 1998-1999 license periods have not been paid. The totai amount now due including license fees and penaities is $4,389.00. The hearing will be confined to the issue of whether your fees have been paid. If you have proof of payment, please provide that to me as soon as possible. You have the right to be represented by an attorney befo:e and d;z:ng the hearing, or you can represent yoursel£ You may aiso 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 Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party 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 may have substantial interest in the outcome of the proceeding. Conciuding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the producfion of documents in conformity with Minnesota Rules, part 1400.7000. 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. Notice of Hearing - Page 2 If you faii to appear at the hearing, your ability to challenge the allegations will be forFeited and the allegations against you which haue been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless obj ection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, .../ / c�� .-KV\ (/!/�� iJ Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, O�ce of Administrative Hearings, 100 Washing[on Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Heather Worthington, Executive Director, St. Anthony Pazk Community Council, 890 Cromwell Ave., St. Paul, MN 55114 Notice of Hearing - Page 3 �� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 Committee: Date WHEREAS, the Office of License, Inspections and Environmental Protecfion began advexse action against all licenses held by Todd Erickson, d!b(a Summit Amusements for delinquent 1997-98 and 1998-99 license fees; and �� WFIEREAS, Todd Erickson requested a hearing before and admuustrative law judge and a hearing was held on August 17, 1999, but Mr. Erickson failed to appear; and WHEREAS, the report from the Administrative Law Judge found that there was a basis for action against the licenses; now therefore, be it RESOLVED, that the Adminisirative Law Judge Report dated October 13, 1999 is hereby adopted in its entirety and is attached and made incorporated by reference. FURTHER RESOLVED, that all licenses of Todd Erickson, d/b/a Summit Amusements, are hereby suspended until such time as all license fees have been paid. Said suspension shall be stayed for a period of thirty days on the condition that 1) all fees for the 1997-98 and 1998-99 license period are paid in full by January 15�', 2000; and 2) that licensee pay the costs of the administrative law hearing, in the amount of $273, which shall be paid to the Office of LIEP by January 15, 2000. 21 A copy of this Resolurion, as adopted, sha11 be sent by first class mail to the Licensee and the 22 Administrative Law Judge. Requested by Department of: By: Farm Approved by City Attoxney 1 p By: �, ' ��Y� � c.�Y �u�, � ,r Approved by Mayor for Submission to Council By: Apps By: Council File # O O� �� GreenSheet# �00'��(� RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: Adopted by Council: Date �c�DQ � Adoption Certified by Counc' Secsetasy 00-fl3 0£fice of LIEP/ NTACT PERSOtJ & RiIX� Vix�inia Palmex Attoiney � 12J28/99 GREEN SHEET -�,-,�� No u :; .; � � � TOTAL � OF SIGNATURE PAGES rc� .�,: � ,r� ..�.• a arrcm.ra ❑ ananouer ❑ anctwc _ ❑ wuxeuu.a�cson ❑ wuxqr,t.acnrl�a ❑n"°m�°n�w�p ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken December 22, 1999, suspending all licenses held by Todd Erickson, dba Su�it Amusement, 2274 University Avenue West, until all fees are paid. PIANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION IF APPROVED AMOUNT OF TRANSACTION 3 MFORMAl10N(RPWNj Hasthi6 pe�^�aNGrtn erer wak¢d uMer 8 conUactia'thie departmeM? ves rio Has mie a��m e.er eeen e cily emWoree7 YES NO Does this pereanlfitm P� a eidll not iwm�elNPossesseE by anY curreM cilY emPloYeeT YES NO Is ihic pe'soNhrm a fergMed verNOR YES NO COST/REVEl/UEBUDfiETED(qRCLEON� YEa NO Acrnnn Nu�ea�te Gflt�El� R�@aT�h ��R`eY 00-03 Interdepartmental Memorandum CIT'Y OF SAINT PAUL DATE: TO: FROM: RE: Nancy: December 28, 1999 Nancy Anderson Assistant Council Secretary 310 City Hall Peter Pangborn Legal Assistant 400 City Hall Consent Agenda - January 5, 2000? 1. Summit Amusement L`�ii.K3�;� ��cz'r_,`? S.a�i�f�r ; - .. ... Y ��11'l: Attached is the resolution identifying the council's adoption of the ALJ's Findings of Fact, Conclusions and Recommendation with regards to the licenses held by Todd Erickson, d/b/a Summit Amusement. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, January 5, 2000, if possible. Thanks. Sincerc'ly, Peter P. OFFTCE OF THE CITY ATTORNEY C(aytan M. Robinson, Jr., Ciry Attarney D�-D 'S S CITY OF SAINT PAUL Norm CaZeman, Mayor October 19, 1999 Mr. Todd Erickson Suuvnit Amusement Civil Drvirion 400 Ciry Hall Telephone: 657 266-8710 IiWestKelloggBlvd Facsimile:651298-56l9 Saint Paul, ilfinnesota 55101 - NOTICE OF COUNCIL HEARING - - �•v'�i, si � :°� �._ ,.. _ - ;, 2274 University Avenue West Saint Paul, Minnesota 55105 RE: Ail Licenses held by Todd Erickson d/b/a Summit Amusement For the premises located at 2274 University Ave. W. in St. Paul License ID No.: 95076 Our File Nuznber: G99-0268 Dear Mr. Erickson: Q�� S � �� Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, November 24, 1999, in the City Council Chambers, Third Ploor, Saint Paul City Hall and Ramsey County Courthouse. You haue 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 will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � v �� Virginia er Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Heather Worthington, Executive Director, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 ,,..�. ... ........... _ '�,�`��;�' - �� :: October 13, 1999 STATE OF MINNE50TA OFFICE OF ADMINTSTRATIVE HEARINGS 1 DO Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu, City Clerk 170 City HaII 15 W. Keflogg Bivd. St. Paul, MN 55102 RE: I� the Matter of AA Licenses held �y Todd Erickson, d/b/a Summit Amusement for the Premises located at 2274 University Avenue West in St. Paul. License ID No. 0095076 . OAH Docket No. 15-2111-12490-3 Dear Mr. Owusu: ao-o3 Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings ofi Fact, Conclusions and Recommendation in the above- entitled mafter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, pfease contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, �� BEVERLY NES HAYDINGER F,dmiristrative Law Judge Telephon e: 612/341-7606 BJH:cr Encl. cc: Virginia D. Palmer Todd Erickson �i�«�� OCT 1 � 1399 �1�� ' Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 C9D-�.3 15-2111-12490-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In the Matter of A{! Licenses held by Todd FINDINGS OF FACT, Erickson, d/b/a Summit Amusement for CONCLUSIONS AND the Premises focated at 2274 University RECOMMENDATfON Avenue West in St. Paul. License ID No. 0095076 This matter came on for fiearing before Administrative Law Judge Beverly Jones Heydinger at 9:30 a.m. on Tuesday, September 28, 1999, Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keilogg Boulevard, Saint Paul, Minnesota, appeared for the Office of License, Inspections & Environmental Protection. Todd Erickson, the licensee, did not appear in person or by counsel. The record closed on the date of the hearing. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council will make the finaf decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. 14.61 (1998), the City Council shail not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. Parties should contact the Saint Paul City Council, 310 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, to learn the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE Did the Licensee, Todd Erickson d/b/a/ Summit Amusement, pay the license fees owing for the 1997-1998 and 1998-1999 license periods? Based upon all of the proceedings herein, the Administrative Law Judge makes the fol4owing: D�-o3 FINDINGS OF FAC7 1. On August 17, 1999, the Notice of Hearing in this matter was served upon Todd Erickson at his place of business, Summit Amusernent, 2274 University Avenue West, St. Raul, MN 55105. It notified the Licensee that the hearing was scheduled for Sepfember 28, 1999. it was not returned as undelivered. 2. The Licensee failed to appear at the hearing and no one appeared on his behalf. 3. Because the Licensee failed to appear, he is in default. 4. Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice of Hearing are taken as true and incorporated into these Findings of Fact. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative La�v Judge and the Saint Paul City Council have jurisdiction in this case.' 2. The Licensee received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. ` 3. The City Councii has authority to suspend or revoke a license and to impose penalties for violation of applicable statutes and rules. 4. The facts set out in the Notice of Hearing constitute violations of Section 318 ofi the Saint Paui Legisiaiive Code, which governs idechanicaf Amusement Devices. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ' Saint Paul Legislative Code § 310.06. 2 Saint Paul Legislative Code § 310.05. ' Saint Paul Legislative Code § 310.06. �D C�3 RECOMMENDATION IT IS HEREBY RECOMMENDED that the City Councii take appropriate action against the Licensee, Todd Erickson. Dated this 13 day of October, 1999. � i �. _. ��:;� -,� '�..a�� : /ir� � - � •. - •.- � Renorted: Tape Recorded. NOTICE Pursuant to Minn. Stat. Sect. 14.62,� subd. 1(1998), the City Councii is required to serve its final decision upon each party and the Administrative Law Judge by first class mail.