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279157 WHITE - C�TV CLERK CQUflCll �y15'7 PINK - FINANCE CITY OF SAINT PAITL CANARt�- DEPARTMENT BLUE - MAVOR File NO• � �Resolution . , , . Presented By - Referred To Committee: Date Out of Committee By Date WHEREAS, Ronald L. Ambroz d/b/a Randolph Inn is the holder of On-Sale Non-Intoxicating Malt Beverage, Off-Sale Ma.lt Beverage, Restaurant, and Entertainment licenses for the premises at 1217 Randolph Avenue in Saint Paul; and WHEREAS, the License Inspector recommended a sixty day sus- pension of the above listed licenses on the following grounds: 1. The licensee and/or his agent allowed the sale of intoxicating li quor on the premises at 1217 Randolph Avenue on June 5, 1982; 2. The employee and/or his agent allowed intoxicating liquor to be stored on the premises of 1217 Randolph Avenue on July 30, 1982; and WHEREAS, the above recommendation and grounds for adverse action by the Council, with the additional following information, were communicated to the licensee by letter dated July 5, 1982: l. The hearing would take place on August 24, 1982 at 10:00 a.m. in the City Council Chambers, Third Floor of the Court House; 2. The licensee had the right to be represented by an attorney or other representative of his choice. The licensee, his attorney, and/or representative would be allowed to cross examine witnesses and present evidence through witnesses and documents; and COUNCILMEN Yeas Nays Requested by Department of: Fletcher �evtne In Favor Masanz Nicosia scneibei _ __ Against BY — Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY ��- Ar" ��_ By �lpproved by Nlavor: Date _ Approved by Mayor for Submission to Council By _ - BY , . , � 15`7 Page 2. WHEREAS, Arthur LaChapelle appeared as attorney for the licensee, cross examined witnesses, and ma.de an argument to the City Council on the licensee' s behalf and all evidence was under oath and taken by a court reporter; and WHEREAS, the City Council heard testimony from Joseph Carchedi and Sgt. Ronald Nagel; and WHEREAS, the City Council received exhibits and police reports numbered one through three; and WHEREAS, the evidence established tha.t: 1. The licensee and/or his agent allowed the sale of intoxicating liquor on the premises of 1217 Randolph Avenue on June 5, 1982; 2. The licensee and/or his agent allowed intoxicating liquor to be stored on the premises of 1217 Randolph on July 30, 1982; and WHEREAS, St. Paul Legislative Code Section 409.14, Subd. 2 reads as follows: "Any sale of intoxicating liquor by a clerk, bar- keeper, agent, servant or employee ma.de in or from any place duly licensed to sell non-intoxicating malt liquor but not duly licensed to sell intoxi- cating liquor shall be deemed the act of the employer and licensee, as well as that of the person actually ma.king the sale, and every such employer and licensee of such place shall be liable to all the penalties provided in this chapter for such sale, equally with the person actually ma.king the sale"; and WHEREAS, the City Council engaged in questioning the witnesses and discussing the testimony and exhibits and considered the type and nature of the evidence submitted, the demeanor of the witnesses and based its determination on the overall weight of the evidence; and N'HITE - CITY CLERK COUflC1I PINK - FINANCE G I TY OF SA I NT PA U L CANAR�' - DEPARTMENT � BLU�E - MAVOR File NO. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 3. WHEREAS, the City Council determined tha.t the licensee violated St. Paul Legislative Code Section 410.04, Subd. 2, which is a basis for license suspension pursuant to St. Paul Legislative Code Section 310.06, Subd. 2; and WHEREAS, the City Council voted S-0 to suspend for sixty days all of the aforelisted licenses; and WHEREAS, a copy of this resolution has been ma.iled to the attorney for the licensee prior to the date it was considered by full Council with a letter advising as to the date on which it would be considered; now, therefore, be it RESOLVED, that all of the licenses for the premises at 1217 Randolph Avenue in St. Paul held by Ronald Ambroz d/b/a Randolph Inn are hereby suspended for sixty days; and, be it FURTHER RESOLVED, that such suspension is effective upon the publication of this resolution; and, be it FURTHER RESOLVED, that the City Clerk is hereby directed to publish this resolution after its approval by the Ma.yor, as re- quired by the City Charter. COUNCILMEN Yeas Nays Requested by Department of: Fletcher � Levine � [n Favor Masanz Nicosia Scheibel _ __ Against By Tedesco Wilson SEP �+ �� Form Approved by City Attorney Adopted by Council: Date Certifie assed Cou . S retary BY �� Iy��.rG��C � ' P gy, SEP � 3 1982 Approved by Mayor for Submission to Council I�ppro iNavor. — By BY u6(.�SH�D S E P 11 198� _ _ _ _. -. _... .. . . _. _. __._ _. : __.__ � r _ _ _ _ _ ,.,_ ��i��.�t�r� .� . . . , ' � � `. �'" �•., � CITY OF SAINT PAUL ".y'� • DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES : ��i'�iji� r' � � DIVISION OF LICENSE AND PERMIT ADMINlSTRATION : - �••• Room 2u�, Citv Hall GEORGE L�TIMER Saint Paul,Minnesota 55102 MAYOR RECEIVED ' August 5, 1982 � AUG 6�1982 Mr. Ronald L. Ambroi �� ATTORNEY 8801 Bacardi Avenue West Inver Grove Heights, P1N. 55075 Dear Mr. Ambroz: As License Inspector for the City of Saint Paul , I am hereby notifying you that on August 24, 1982, a public hearing will be held before the Saint Paul City Council regarding the On Sale Non-Intoxicating Malt Beverage License you presently hold at 1217 Randolph Avenue. This hearing will be held at 10:00 a.m. in the City Council Chambers, 3rd Floor of the City and County Court House. At this hearing, the License and Permit Division will recommend that your On Sale Non-Intoxicating Malt Beverage-License, and all supporting licenses held by you at this address, be suspended for a period of sixty (60) days. The License and Permit Division bases this recommendation on the following: You and or your agent allowed the sale of intoxicating liquor in your establishment at 1217 Randolph Avenue on June 5, 1982. On July 30, 1982, you and/or yaur agent allowed intoxi- _ cating liquor to be stored on the premises (1217 Randolph). The above mentioned activities violates the following: 'St. Paul Legislative Code 410.04, Subd. 2. Intoxicating Liquor prohibited. (see attached) . You may be represented at this hearing by an attorney or other representative of your choice. You and/or your attorney/representative will be allowed to cross-examine witnesses and present evidence through witnesses and documents at this hearing. �� Sincerely, �� ' : . JOSEPH F. ` CARCHEDI License Inspector CC: Council President Victor Tedesco Councilman Bill I�ilson Councilman Robert Fletcher ` Lt. Geo Hutton, Vice Unit, SPPD Councilman Leonard LPvine . Jane i�cPeak, Asst. City Atty.`� Councilman �Iugo Masanz Mr. Ronald Ambroz, at 1217 Randolph Councilmar Chris Nicosia Counc i 1 man James Schei bel �(hi b rf�' I ' • S• . _, _ . . .. _ ' � � .. � ' ? } RECEIPT FOR CERTIFIED MAIL-30¢ (pius postage) � ' SE 0 � / POSTMARK OR DATE �"` v� . : � STRE AND N0. ' `� �� /�� U � P.O., A E A CODE � �e S ia 3" `, N OPTION�L SER CES FOR AD�ITIONAL FEEi . . , ' '' ` =� .RETUNN 1• Aows te rAom an0 datt def r�r�d ....._.... 1 � • RECEI�T With ratriN�d deliwry _..._...�......_......65t � 2. She�rs to rlwm,dst�snA wh�r�Odirtrtd.. 35t SERVICEf With restrfeted delivery__.........:......._.. 15� � RESTRICTED DELIVERY...........................__.._..........._�.................... 50! �' Q SPECIAL DEIIVERY (��ra f��quir��.—.......-.........�............ Z PS Form NO INSURANCE COVERAGE PROVIDEO— (S•• otb.. 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L � r �� a ►.� � v� a 4-r- � �, � a N t �L � v a s �� a�i -v a�i �. � z .� o a� a�� •�� Q tA Z E +►�4 rd �' r 01 � p � tF. . G 2 4- � M O � �d' a d A C L C +� C J 'C N•r 4- •� •��r W � o > � +�.+ � � 3 .F � Z •� •r- C •�- C GJ C � Q G� � O 3 O � O d' C� � U � V +� t� W N � 4- +� m 1 L � � iF- i�-+ .�G +��+ O 2 L O O a � � � t�� J +� N C CJ C •�- C � ry- L +� L C �L G O Q O v► O � � � �.- � z 3 E� E� ro� 4 W C m � � ¢ �11 t/f t/f N fA d N � E Q cC � � � � ¢ 3 ¢ 3 ¢ 3 � , L z • � • c� a� o v F- � �- � +� .�. .�. .-. m � � Rf r N M a � f1 � W L- 0�0 �,�,► .. > H m M � .. a .. o N i+ >+ O >» � � � op o m w ao •• � N e� C C G 2 t w E .a w w w ..� +' c� o > z z c � s H �+ ►r C p .. �-- W .� � C U � d C7 W 7C X p.2 . • . . , . � a w w a �_ , w�.. � � �� ,. . �~�� / , _� . � 310.06 -' LEGISLATIVE CODE } � t � . i , ,� _:�,.�.::�:- ��'~ � . . . 310.06. Revocation; suspension; adverse actions. . :r:�{'_ _ . - . - "t-" SubdiaisioR 1. Council may take adverse action.The council ^ � � is authorized to take adverse action against any license or permit, ;.A��.,V�.�; licensee or applicant for a license, as provided in and by these .- � :�,;>.�•s�.�.�:•:-• chapters.Such actions shall be initiated and carried out in accor- y .-�' dance with the procedures outlined in Section 310.05. r t .' a"'�; � S�cbd 2. Basie for action.Such adverse action may be based on _`�r��= one or more of the following reasons,which are in addition to any , other reason specifically provided by lsw or in these chapters: � (1) The license or permit was procured by misrepresentation of material facts, by fraud, by deceit, or by bad faith. (2) The applicant or one acting in his behalf made oral or written misstatements or misrepresentations of material facts in or � %;'j accompanying the application. (3) The license was issued in violation of any of the provisions of the Saint Paul Zoning Code. � (4) The license or permit was issued in violation of law, without =.��,_�;�.:;,-;��..�.:: authority, or under a material mistake of fa'ct, �- , (b) The licensee or applicant has failed to comply with any condi- tion set forth in the licenae,or set forth in the resolution grant- . ing or renewing the license. � � T'he licensee or applicant has violated any of the provisions of T - these chapters, or of any statute, ordinance, or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in ,` connection therewith. ' ��, t7�, . � . � . . . . , �t� _ .. ��',.�.: . . . . . . . Z/Z8�01 . . . . . � . � � . e , � .. `f, . - :,-.. . . =i, ��: :��; '; , ��,t � ` s��j • • YM c . � ��,� � � 310.07 " � � ��;' � �' LICENSE PROCEDUR,Eg .-� . . 4 s��`�L C . " . � � f� Y ` ;a'afiyM�?�r:�-:�' 4= � � (?) The activities of the licensee in the licensed activity create or `f.� have created a serious danger to the public heal saf t" � welfare,or the licensee performs or has perform�h�woerk or nse � ;^ '` ; activity in an unsafe manner. �R ' .�`��w�� '` (8) Failure �,� �,;' � �; to keep sidewalks or pedestrian w,ays reasonably free r'��-FS� of snow and ice as required under Chapter 114�of the Saint ` Paul Legislative Code. �..r•, � --_:; ��. =_ . .,_., � . , . . . . , . � � � � � (9) The licensee or applicant has shown by past miseonduct, un- � ' fair acts or dealings, or by the frequent abuse of alcohol or ; other drugs,that such licensee or applicant is not a _ the good moral character or fitness required to engage in a licensed activity, �business or -profession. (Code 1956, aa amendea� 8510.06.J ::•�;,•; � - �:,7,:.�;::;�. � . -:;�,,:, :;�., . • • 310.07. Termination of licenees; aurety bonds; iasuran . tracts. ce con ' Subdivision I. Automatic termination, reinstatemenh�=� . aponeibility of liceneee. All licenses or permits which must� by � the provisions of these chapters or other ordinances or laws,be ac- ";�,` ' companied by the filing and maintenance of insurance policies, ��'J . 'deposits, guarante�,�nd� or cert�cations, shall automatically �,,`�, �:. terminate on_cancellation or withdrawal of said policies,deposits, � bonds or certificatior�s, No licensee may continue to operate ar ; �- , perform the licensed activity after such termination. The licensee ' ' � is liable and responsible for the filing and maintenance of such , ; pqlicies� deposits, guarantees� bonds or certifications as are re- ,. _:, � quired in these chapters�a�d�all not be entitled to assert the acts � �': or omissions of agents,brokers,employees, attorneys or any other _�` i' Pe�ons as a defenae or justification for failure to comply with such � filing and maintenance requirements. In the event the licensee ;y .� reinstates and files such policies, deposits, bonds or certifications �` ' ' �� within 30 days,the license is sutomatically reinstated on the same ` � �: terms and conditions and for the same riod as ori '` After 30 days, the applicant must reapply for a re ewl$1 ofu� � � license as though it were an original application. � �� W��l T� � �' . i irso�8i � - . 739 . . - - - . - . . . . _. . .:. , r , � . . , , . � r � `��• � � � � i � � t=�•�'r• •�'* y~i� �� -.'�, �� N � * j.. . �! _�r lt ��/ �1�..,..f►+. " � .t � � . !c ' t 4� • ♦ .A � .. 7 ?.d �-L`r .v i " t �'� � S�t �+ �J t�4y�. . . _ N ♦ ► - \. 1�M1 �I. . � � �iV t . r . • � �` �..,� . r 1..'s��, �ti , . �..r , � f- -.i: y,� T ,.A s`M r. rf s ;,i�F j J� . ..� `? t._ � � . � L , .t 4� y�' i , > � � � r2 .�` c . ''' �� a. �i Y .- ('.3 >.r � ��h,d i . �. 'i�.�..�. / •. ._,�,w � : - _..,......_...... ... . . . . _ .. .... .-_. ' _....i........:t...�...,.. ..:j_.. ..._. ..._... ea_ ..._ .._�__.:r..iv.s�.Li1.i.::....Gt:.+ti.±r S�._.r_.._,..r ?" a.�! . � •Y� :�,.. ' . � � . ' r.tt� �f^y. . `•�s �' > t� f � . . i ^i_ „� .�s.y t ��j J , �� '�s+)_ 5'. "S4. i I . i'.lyn.f�J..:. l�.i'♦ . ' . l..'f �.. , .'• 'T 409.15 • .' :; , .rw 3� _ � �. . . �,h ,.S-h. tn • t L t. Y..j 7'A' rt!'�'�tS1.e � .�5 t�' e LEGISLATIVE CODE s,� ,��j"` , ��'��;�.�''� :zF ` " '''" �f,.a��°ar t � - : 5 �' �i^,.�i,"�.,,..�r� . �� . ' .s ,�.: �'lti�Y v�.si'�`:r �. � ' -.+�. . . .. 409.13.Inspector's dutiea.It is hereby made the duty of the inspec- a�>�,�1�s�,w;�� tiY ; tor to see that no applicant for any license hereunder begins to op- `'' ` " � '� "�'t =' " * �T1,74;+'��k1'°a{�t� s�� ,� -°�. erate such business until the license has actually been issued to *�;�`i.�otis<<��',,,,*'.trt'�-�CAl�^,`' i such applicant so to do by the inspectAr. (Code 1956,as amendec� � � RK,��. 4�.;<�..�"<`�'��.� �,�" ,-+. �•JZ�j4�,7rf•�e!� }}}�. :�� t�'� .�:. 8308.21.) ?�k:�`' j��-.�v ,. �`,, : : ,��s �K{ {tS i ♦t� i �409.14. Owner's responsibility. ��4�� = r,�k� � y`�� r �, 5 � A 4 v� (J'41.�1 hK .� .: r �3�Krt��t�+ 's.+��. . �A � y°., ;n ¢..Mr"'� • ' �� ; ��',A�.{��y��y � , Subdiuision 1. Any act by any clerk,barkeeper,agent,servant or 4�,`:�;'�``'�'c.�'��.y�.,��,,-J,�,� employee of any licensee hereunder, in violation of this chapter� � fr {ty� "`,�,�""�. �$�`� shall be deemed the act of the employer and licensee of such place �,.� � ; � ;is ps.� � � �' a� SS W@ll 88 �'18t Of S11C�1 clerk, barkeeper, agent� SP•I'VBIlt OT � `'� „� 5�� ~�r ''-L� : employee, and every such employer and licensee shall be liable to ' y%�`'" ^� = 'r��''` ""'� '� rij pK*S{ r: '�o� . . 1 s� all the penalties provided for the violation of same equally with � �,�y�t�;c'�r,;?�;,;��^�� ' 4�p� t the said clerk, barkeeper, agent, servant, or employee. . T w - � �,�u �� Any sale of intoxicating liquor by an clerk, barkeeper� ��, 1 = "' r'�= ' � agent, servant or employee made in or from any place duly . " "� . licensed to sell non-intoxicating malt liquor but not duly licensed r � r�_ to sell intoxicating liquor shall be deemed the act�of the employer _ :: .. � and licensee, as well as that of the person actually making the � ` � ' `- ��' = sale, and every such employer and licensee of such place shall be , - liable to all the penalties provided in this chapter for.such sale, ' _ �,, equally with the person actually making the sale. (Code 1956, as amen.ded, ��,308.24. 308.25.J �'� 409.15. On-sale wine licensea � -�• � . � °-� Subdivision 1. Definitione. %> � , }�. � ;.; ,,•• } • r t�. < (1) "Restaurant"shall mean an establishment under the control , � ., �` � of a single proprietor or manager,having appropriate faciiities �`: ' "` T° � '` � �.. ,� _ for serving meals and for seating not fewer than 25 guests at �� f ' ;' . _ -� one time and where, in consideration of payment therefor, • meals are regularly served at tables to the general public, and • "'x'�' : r }*'x"° �` -� , ° w hic h e m p l o y s a n a d e q u a t e s t a f f t o p r o v i d e the usu al and •:�, f'�`' ` `�"`v ' �� suitable service to its guests. '' , s '": (2) "On-sale wine license"shall mean a license authorizing the � ; ,;. , " sale of wine not exceeding 14 percent alcohol by volume, for '� r r` � � '' consumption on the licensed premises only, in conjunetion �� ' '` �,i"�;,�� 4 z.�. �+ �. y � � � with the sale of food. r ,,w',f„:;r{ r;�;�+r�w;; . �`�! ^�,f Li a 5�y y r.} , ,,{ L � 1�� 1� N: � L� r•+��f r� C; �.4,� w��' S� � -�.'�c�'e?. a'� ��..ty_ry Subd 2. Issuance of license; fee; conditions. On-sale wine �,��,xk�, .,,,� ' r'' ,, � r ` -licenses may be issued, subject to the approval of the liquor con- r�h- ,t;��_< ,:�'�;� trol commissioner, to the proprietor of any restaurant as defined ,�-�. ,`<: ! ',;t Y y ° i Y,�` � � � .z., • 2128181 '�t__ , t��.. . . ' -i1f y r 1 ,t � ^ , �, •... �.�. � f . a _ . .. � . . . . . . _ . . _ t}: . � . .. . . . ' . . ' _ . �:' � � .. �. � . . �. -. ._ . _ ,. . . . ,. . • � ..� .. . . . .. . , .. �t.:.� . f _ - F ; - - : , i .: • . � 410.01 CLASS III LICENSES ,� . �` CHA1'T'ER 410.NON IN'I`pXICATING MALT LIQUOR ,, _ 410.01. License required; definitions; exceptioas. Subdivision I,No person shall sell non-intoxicat' at retail in Saint Pau� without a license, ��alt liquors Subd 2."On sale"licenses shall permit the licensee for the sale of said non•intoxicating malt liquors to sell such for consumption on the premises. "On sale" Iicenses shall be restaurants, hotels, bona fide clubs, establishmeT�t,s�r t�e ex clusive sale of non-intuxicating malt beverages�and establish. ments licensed for the exclusive sale of intoxicating liquors. Subd 3 "Off sale" licenses shall . intoxicating malt liquors to sell same�inlo�e licensce of such non- sumption off the premises only. � �al packages for con- Subd, 4. Nothing herein contained shall be construed to prohibit the sale and delivery in original packages directly to t�e��umer by the manufacturer or distributor of non-intoxicating malt li. , � quors.' , Suba� S. No "off sale" license shall be issued for any place where non-intuxicating malt beverages shall be sold for consumption on the premises. Subd 6"Non-intoxicating malt liquor" is any fermented malt li= '"� .� • i irsoisi . �36-1 , ; . . . � 410.03 . . CLASS III LICENSES �� ` quor, potabte as a.•beverage, containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol :$:- by weigh� (Code 1956, as amended, �.310.01, 310.17. 310.20.) 410.02. Fees. Before the filing of an application for either of the r '� licenses hereinbefore provided for,the applicant shall deposit with - the license inspector the sum of$250 if the application is for an "on sale" license, and the sum of$50 if the application is for an - "off sale" license,and the said inspector shall thereupon deliver to such applicant duplicate receipts therefor,containing a statement - of the purpose for which such deposit was made, and one of said �'�, receipts shall be attached to and filed with said application.(Code _ 1956, as amended, @310.03;further amended, Ord 16843, Oct.20, • 1981.J . . � : 410.03. Licensing requirementa. , Subdivision 1. A� pplication. Any person desiring either of the , licenses as hereinbefore described shall first make an application therefor to the council of the city of Saint Paul by filing with the • inspector of said city for presentation by him to the council of an ` � application in writing therefor, which said application shall set forth with reasonable accuracy the name and place of residence of the applicant, the exact location of the place at which the appli- ' cant proposes to carry on the business of selling non-intoxicating malt liquors,and whether or not he has at any time previous to the _ date thereof been engaged in said business or in the business of selling foodstuffs in the city of Saint Paul, and if so, when and . where.Said application.shall be signed by the applicant in person � � or by an officer of the club seeking eaid license or by an officer of the corporation seeking said license,and when received by the in- spector shall be by him placed on file,and the name of the appli- cant shall be by him registered in a book of registration to be kept � in the office of said inspector for.that purpose;provided,however, that said inspector shall not receive.such application or register the name of said applicant unless the application is accompanied by the fee required by Section 410.02. . Subd 2. One license only. Subdiuision 2 of Section 410.OS, which restricted owrcership by the same person of mor�e than orce`bn sale"licerese jor the sale of non-iRtoxicating malt li- - quors,was repealed by Ordircance No. 16848,adopted Nov 12, 1981.) • . Subd 3. No license after conviction of violation. No license shall be issued or renewed if the applicant within a period of five ' • years prior to the date of such application has been convicted of • 11/30181 95? 410.03 . LEGISLATIVE CODE � • , . '�'� violating any law relating to the sale of non-intoxicating malt li- quor or of intoxicating liquor. • Subd 4. Bond. Every applicant for an `bn sale" license, as re. 9uired in Section 410.01,shall file with his application therefor a � .' bond in the sum of$2,000. The surety on such bond shall be a siu'ety company licensed to do business in the state of Minnesota, Said bond shall be conditioned as follows: ;r; . . (1) That the licensee will pay to the municipality, when due, all taxes,license fces,penalties,and other charges as provided by Iaw. . (2) That the licensee will obey the law relating to such licensed business, and thst in the event of any violation of the provi- sions of such law,the licensee will pay all fines,penalties and " other charges as provided by law. (3) That the licensee will pay, to the extent of�the principal amount of such bond,any damages for death or injury caused by or resulting from the violation of any provision of law relat- " ' ing to the business for which such licensee has been granted a license, and conditioned that such recovery may be had from . _ ttie surety on the bond The ainount recoverable �shall be measured by the actual damages, provided, however, that in no case shall such surety be liable for any amount in excess of the amount of the bond. - . Subd 5. Exception if compliance with other bonding re- quu�ements. For those applicants also applying for or already having an"on sale wine license"pursuant to Section 409.15,com- . pliance with the bonding requirements of Section 409.86, Subdivi- sion 10 satisfies the bonding requirements of Subdivision 4 of this section. . Subd 6. Inveatigatiom The applicant shall permit representa- tives of the division of public health, department of police, and department of fire and safety services to inspect and examine the place of business described in the application,together with all the : appliances and instruments used or to be used in the transaction of the business for which the license is sought, and any refusal on � the part of such applicant to permit such inspection shall be deemed as sufficient ground upon which the council shall refuse to _ issue the license applied for. � Subd 7. License near school or church.No license for on sale non-intoxicating malt liquors shall be issued for any premises la • ssa � i i�aorai � � - � 2'7915`7 4,0.� , � CLASS III LIGENSES � , . ..�:� 'y�,4�•�_'�� , • l . cated within 300 feet from any public or parochial school,church, or synagogue, said 300 feet being calculated and computed as the distance measwed in a straight line from the main public entrance - - of the premises or building proposed as the location for the non-in- :;, �,; toxicating malt liquor licen.se to any school,church or synagogue T�: �' in the area for which the license is sough� � � � All licenses in force and effect upon the effective datel of this sub- division the location of which license is in conflict with the provi- - sions hereof may be renewed,transferred or otherwise dealt with .�. x J�,�,,;;:= in accordance with law,it being the intent of this subdivision to be - applied prospectively for proposed locations of licenses, and further it being the intent of this subdivision that the limitations set forth in this subdivision shall in no.manner be applicable to any hotel or motel. Upon written petition signed on behalf of the school, church or synagogue located within 300 feet of the pro- posed location of the license, the council may by a �ve-sevenths - vote disregard the provisions of this subdivision insofar as loca- tion adjacent to a school, church or synagogue of a proposed license is concerned. (Code 1956, as am.ended, 6�310.02, 310.04, • 310.18.) INov. 10. 1962. 410.04. R.egulations.1 Subdivision 1. Minors. It shall be unlawful to sell or furnish such non-intoxicating malt liquors to any person under 19 years of ' age. In defense of any prosecution for a violation hereunder,the defendant may establish by competent evidence that he has made . . an investigation of:the status of such person's age by complying with the procedures and requirements established by state statute ` '- or by the regulations established by the state liquor control com- � missioner or in lieu thereof, if such statute or regulations do not exist,the defendant may establish by competent evidence that he _ ' , has made a bona fide, careful investigation of the status of such person's age and he has determined, upon evidence sufficient ta :- convince a careful and prudent person, that such sale is not a violation of this section. Such�evidence shall be considered in determining whether the defendant is guilty or not.guilty of any violation of this subdivision. It shall be unlawful to permit any person under the age of 19 to loiter or remain in rooms where non-intoxicating malt liquor is being sold or served unless accompanied by his parent or guar- . dian. ;, . ' ' • �R'�.�Ia��''tiquor pr+�h�Mts�'It shall be unlawful for , ' 2128181 -� 410.04 . � LEGISLATIVE CODE � � any person duly licensed to sell non-intoxicating malt liquor, but . not duly licensed to sell intoxicating liquor, or for any of his agents,servants, or employees,to keep, store,possess, have under his control,sell,or permit any persott to keep�store,or possess any� intoxicating liquor upon said premises, �It shall be unlawful for such licensee, his agents� sen,�� or employees to permit the consumption of intoxicating liquor upon said premises. For the purposes of this chapter, intoxicating.liquor is hereby defined to mean and include ethyl alcohol and any distilled, fer- mented, spiritous, vinous, or malt liquid of any kind potable as a - beverage, which liquid contains an alcoholic content in excess of 3.2 percent thereof by weight. Subd 3. Sales prohibited; hours. No such non-intoxicating malt liquors shall be sold either "on sale" or "off sale" between the hours of 1:00 o'clock a.m. and 8:00 o'clock a.m. on any week- day, Monday through Saturday inclusive, nor between the hours � of 1:00 o clock a.m, and 12:00 o'clock noon on Sundays. No "on sale" licensee shall permit any such non-intoxicatinq malt liquors to be consumed on its premises during the hours when the sale • thereof is by this chapter prohibited. . . Subd 4. Dancing. Dancing wherein the putilic participates and dancing, singing and other vaudeville exhibitions or entertain- ' ment are hereby at all times prohibited on the premises of any"off sale" licensee; provided, however, that if such premises are duly licensed for entertainment, such dancing, exhibitions, or enter- tainment may:be permitted. Subd 5. Music.All music,by whatever means provided,is hereby prohibited upon the premises of any "on sale" licensee between the hovrs of 9:00 p.m. of any one day and 9:00 a.m. of the follow- - ing day, except where such premises are duly.licensed for enter- tainment; provided that an"on sale" licensee is hereby permitted to operate a radio and obtain music therefrom between said hours of 9:00 p.m. and 9:00 a.m., provided further that the tone of such radio is modulated so as not to annoy the occupants of nearby pre- mises. The failure of any"on sale" licensee using a radio between said hours to keep the same from becoming a nuisance to occu- pants of nearby premises shall be deemed suf�cient cause, in the discretion of the council, to revoke his license to sell such non•in- toxicating malt liquor. (Code 1956, as amended, ��310.07•.10, 310.12-.14.J � 96U - . 21'38181 ' 2�y15� ' 410.05 ;; i CLASS III LICENSES _ _ , . - 410.05. Certain sexual conduct prohibited.The following acts or �'�� conduct on licensed premises are unlawful and shall be punished as provided by Section 1.05 of the Saint Paul Legislative Code: (1) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire,costume or clothing as to expose - � to view any portion of the female breast below the top of the '`'�`4`" areola or of any portion of the pubic hair, anus, cleft of the � buttocks,vulva or genitals. (2) To employ or use the services of any hostess while such hostess is unclothed or in such attire, costume, or clothing as de- :?„, scribed in paragraph(1) above. • (3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genita.ls of any other person. , (4) To permit any employee or person to wear or use any device or covering exposed to yiew which simulates the breast, genitals, � anus, pubic hair or any portion thereof. - � (5) To permit any person to perform acts of or acts which simul- ate: (a) With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law. � - (b) Masturbation or bestiality. (c) With or upon another person the touching, caressing or fondling on the buttocks, anus, genitals or female breas�t. . (d) 1'he displaying of the pubic hair, anus, vulva, or female breast below.the top of the areola. (6) To permit any person to use artificial devices or inanimate ob- jects to depict any of the prohibited activities described above. � (7) To permit any person to remain in or upon the licensed pre- mises who exposes to public view any portion of his or her genitals or anus.. . � (8) To permit the .showing of film, still pictures, electronic - reproduction, or.other visual reproductions, depicting: (a) Acts or simulated acts cf sexual intercourse, masturba- " tion, sodomy, bestiality, oral copulation, flagellation or . any sexual acts which are prohibited by law. :.� g61 °. 2J28fR1 - G *' +- _ � � � �,_..� 1 , - 410.05 • � ; LEGISLATIVE CODE • � •� _ :,,.: :<;'�=° ` � (b) Any person being touched, caressed, or fondled on the breast, buttocks, anus or genitals. (c) Scenes wherein a person displays the vulva or the anus or , � the genitals. �_:�,+ �; 1,, . . .., ,;.�<;:.,,;:.-;; (d) Scenes wherein artificial devices or inanimate objects are � employed to depict, or drawings are employed to portray, _ any of the prohibited activities described above. � (Code 1956, as amended, �310.19.J ` ' 410.06.Restrictions on licenses.Where a reasonable basis is found , . � - by the council to impose reasonable restrictions upon a license held under this chapter,the council,upon issuing a new license or renewing a license or approving a transfer of a license,may impose - reasonable conditions and restrictions pertaining to the manner and circumstances in which the business shall be conducted to � preserve the public peace and protect and promote good order and - . . security. These reasonable conditions or restrictions may pertain _ _ to: (1) A limitation as to the hours when non-intoxicating malt li- � quor may be sold and/or consumed on the licensed premises; � ' (2) A limitation and restriction as to the exact location within a building where non-intoxicating malt liquor will be served and/or sold andlor consumed; (3) A limitation and restriction as to the means of ingress to or egress from the licensed establishment; ,_ � (4) A requirement that certain off-street parking facilities be pra ,..; , vided; (5) A condition that the license will be in effect only so long as the establishment remains primarily a restaurant; � (6) A limitation and restriction as to the means and methods of advertising the sale of non-intoxicating malt liquor on the ' building andlor the premises adjacent thereto; , �-:. '� - (?) R.easonable conditions limiting the operation of the licensed premises so as to insure that the licensed busine.ss will com- port with the character of the district in which it is located � ` andlor to the end that nuisances will be prevented. (CotZe ..;>; 1956, as a.mended, 6310.20(b).) '�Y 410.07.Corporations;transfers.No corporation to which a license ' � has been granted hereunder shall transfer any stock in such cor- � 962 . � : 2l'38/81 ,,.,.� . � ' ' 410.10 ` „. .� ; � CLASS III LICENSES �� poration without the consent of the city council,It is hereby made °. � the duty of the officers of any corporation holding a license issued under the authority of this chapter to notify the city council of any � - proposed sale or transfer of any stock in such corporation,and no ' �- such sale or transfer of stock shall be effective v�nthout the c�nsent ' f'' of the council. The transfer of any stock without the Irnowledge , . and consent of the city council shall be deemed sufficient cause for revocation by the council of any license granted to such corpora- � � tion under the authority of this chapter or any other licensing ordi- nance of the city under which such corporation has received any - . license from the city. Such corporation officers shall also notify �. the city council whenever any change is made in the officers of any � such corporation, and the�failure to so notify the council shall likewise be sufficient cause for revocation of any license issued to - such corporation. � Notwithstanding the provisions of this section, gublicly owned c:or- � � porations whose stock is traded in the open market may comply with the requirement pestaining to stock ownership and stock transfer by fiirnishing the council with the names and addresses of • all the stockholders of record upon each renewal of the•license. (Code 1956, as amendea� 9310.06.) 410.08.Violations reported.It is hereby made the duty of the chief � of police to notify the city oouncil whenever any person is con- ��':�>:�;��.'� - .� �� victed of a violation of this chapter. Such conviction shall be � � � deemed sufficient cause for the city council to revoke any license issued to such convicted person under this chapter.(Code 1956,as �amended 8310.15.) . 410.09. Employees; owner's reeponsibility. Any act of any clerk, •+� �, barkeeper, agent, servant, or employee, in violation hereof, shall � be deemed the act of the employer and licensee of such place, as well as that of said clerk, barkeeper, agent, servant, or employee, � . and every such employer and licensee shall be liable to all the penalties provided herein for the violation of same, equally with the said clerk,barkeeper,agent,servant or employee. (Code 1956, - - as amendea� @310.II.J - ' 410.10. Temporary on-sale beer licenae. � • Subdioision 1. Temporary license; fee. Notwithstanding any � oti�er provision of this chapter to the contrary,a bona fide charita- ble, religious or veteran's organiiation may obtain a temporary , on-saIe license to sell non-intoxicating malt liquor on the premises � . specified in the license,including playgrounds,sc�icjolgrounds,and '• _ _ - i iraa8i ssa . . -. 410.10 � . :-; LEGISLATIVE CODE .•� � - _ . �� school buildings.The fee for such license shall be$25 per day,and � _ shall be paid prior to issuance of the license. <' - (Amended, Ond 16783,Apr. 30, 1981.) � _ .,��.�. Subd 2.Application.Application for such licenses shall be made � � on forms provided by the inspector and shall contain the follow- ing: (1) The name, address and purpose of the organization, together ,:,a.::,:,. ::> with the names and addresses of its officers. `� � �'�. (2) The purpose for which the temporary license is sought, _ together with the place,dates and hours during which the non- � . intoxfcating malt liquor will be sold. � (3) Consent of the owner or manager of the premises,or person or group with lawful responsibility for the premises, including city, county, or school district property. . (4) Evidence that the applicant has obtained and has in force a _ . bond in accordance with Section 410.03, Subdivision 4. - Subd 3. Coaditions.A temporary license shall be issued subject to the following conditions: • • (1) Such license shall be issued for a period not to exoeed ten days. (2) No organization shall be granted a license more than four .- times in a calendar year. . � . � (3) No more than four licenses shall be granted in a calendar year for any one location� except that this limitation shall not ap- ply where the proposed lo:,ation is for property under the juris. diction, ownership or control of the city of Saint Paul, or far school grounds, school houses or school buildings. Subd.4.Applicability of other provisioas of this chapter.No - other provisions of this:chapter shall apply to licenses granted under this section, except Section 410.03, Subdivisions 1 through 5;Section 410.04,Subdivisions l,2 and 3;Se�tions 410.05,410.06, -_ 410.07, 410.09 and 410.10. � Subd 6. Mueic, etc.An organization licensed under this section may provide instrumental music with dancing, singing, or vaudeville entertainment in connection with said license wrthout - regard to the requirements of Chap�teer 411 concerning entertain- men� � (Code 1956, as amended, 9310.21;further amended, Ord. 16783, Apr. 30, 1981.) , �_ •� � ' 11/30/81 ' .. � � � �915'7 ' 411.04 �::� CLASS III.LICENSES `,; ��:::;; ':-Y:`t� 410.11.Licenses for municipal golf courses.The division of parks and recreation may be issued licenses for the sale of non-intoxicat- ing malt liquor at the Highland 18,Highland 9,Como and Phalen Golf Course Club Houses without payment of the license fee and =�'�4 without submission of the bond required under Sections 410.02 ' and 410.03. (Code 1956, as amended 8310.22.) . 1For additional negrclationa, see "Liquor and Beer"—Index. >,; - CHAPTEft411.ENTERTAINMEIVT 411.01.License required.No person licensed under Chapter 409 or Chapter 410 shall provide or furnish entertainment on the licensed premises without first having obtained a license so to do as hereinafter provided. (Code 1956,-as am.ended, �311.01.) 411.02.Definition."Entertainment" is defined as (a) instrumental music with dancing for the guests therein,or singing or vaudeville entertainment, or any combination of these; (b) instrumental , : � music solely, without dancing for guests therein or singing or vaudeville entertainment or any combination of these. The fact that meals or luncheons are served shall have no effect upon the necessity of obtaining an entertainment license. (Code 1956, as • amended �11.02, 311.03.J 411.03. Fee. The fee required �is $50. (Code 1956, as amendea� � _ . @311.02.) 411.04. Licensing requirements. � . Subdiuision 1.Application.Any person desiring a license to pra - vide entertainment shall make his application in writing upon a form to be prbvided by the inspector,with whom the application shall be filed.The inspector shall require that the follov�nng infor- � :��;:� mation be set forth upon the application: . ' (1) The name and place of residence of the applicant. � (2) The exact location of the premises upon which the applicant �::;=`,.: proposes to provide entertauiment. (3) Whether the applicant has ever been engaged in a similar � business and, if so,the location thereof and the date when so engaged. (4) Whether the applicant proposes, in addition to the sale of li- i quor, to provide (a) instrumental music with dancing for the zrze�e� � � � -� � � �