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07-393P.mended - May 2, 2007 CITY O Presented by Council File #_Q__Z _�_� Green Sheet #� p 3$ lo �� RESOLUTION PAUL, MINNESOTA ��J 2 WHEREAS, adverse action was taken against a11 licenses held by Kopilenko International Wines & 3 Liquors d/b/a Intemational Wines and Liquors (License ID#0015928) for the premises located at 710 4 Cleveland Avenue South in Saint Paul, by Notice of Violation dated February 14, 2007, alleging licensee 5 failed a second alcohol compliance check conducted by the Saint Paul Police Department and sold 6 alcoholic beverages to two underage persons on February 7, 2007 in violation of Saint Paul Legislative 7 Code 409.26(b)(3) and Minn. Stat §340A.503; and 10 11 12 13 14 IS 16 17 WHEREAS, The Office of License, Inspections and Environxnental Protection has recommended a $1,000.00 fine; and WHEREAS, the licensee has not contested the allegations; now, therefore be it RESOLVED that Kopilenko International Wines & Liquors d/b/a Intemational Wines and Liquors is hereby ordered to pay a fine of $1,000.00 for the sale of alcoholic beverages to two underage persons on February 7,2007. $500.00 to be paid immediately and $500.00 stayed for a period of twelve (12) months provided there are no same or sinilar violations. 18 This Resolution, and action taken above, is based upon facts contained in the February 14, 2007, 19 Notice of V iolation sent to the licensee and the arguments made at the Public Hearing on May 2, 2007. Requested by Deparhnent of: L.i�i �Us=4 � / . ! Adopted by Council: Date _iiZ�� J/��0 Adoption Certified by Council Secr BY ` .� Approv y Date � � f1� By: FornkA�ove y City A orney BY� 1 Form prov b ay r Su issio to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07- 39-� DepartmenU�celcouncil: Date Inttiated: LP —[.icenseitotipe�;o�nv;roarrot „_,�R-0, Green Sheet NO: 3038617 4 CorrtaM Person 8 Phone: Rachel Gunderson � 266-8710 Dac. Type: f2ESOLUTION E-Document Required: Y Document Contact: Julie Kreus Contad Phone: 266-8776 � I ueoartment sent To Person � 0 T,iceasellusoectioNEnv"uanProt Assign � 1 icensrJlnspec4on/EnvirouProt DepartmentDirector Number I Z �ytyAttorney I Foi Routing I 3 or's Office MavadASautant �� 4 onnN I 5 Clerk Ci Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse acfion against a11 the licenses held by Kopilenko Intemational Wines & Liquors, d/b/a International Wines & Liquors for the premises located at 710 Cleveland Avenue South in Saint Paul. Planning Commission CIS Committee Civil Service Commission 1. Has this person/firm ever worked under a conVact for this depaM1ment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skifl not normalfy possessed by arry current city employee? Yes No F�cplain ail yes answers on separste sheet and attach to green sheet Initiating Pro61em, lssues, Opportunity (Who, What, When, Whers, Why): On Febmary 7, 2007, licensee failed a second alcohol compliance check conducted by the Saint Paul Police Depariment and sold alcoholic beverages to two underage persous in violation of 5t. Paul Legislarive Code Section 4092b (b) (3) and Minn. Stat. Section 340A.503. After nofification, licensee requested a public hearing. Advantages If Approved: $1,000 Matrix penalty DiSadvantages If Approved: None DisadvanWges If Not Approvetl: Transaction: Funding Source: Financiallnformation: (Explain) �OUnc'al R�searc� �� L6 20A7 CosURevenue Budgeted: Activity Number: April 11, 2007 1:15 PM Page 1 OFPICE OF TI� CITY ATTORNEY John Choi, Ciry Attorney O /� � CI1 1 �� SC�-LV A PAVL CivilDivision ChristapherB. Coleman, Mayor 400CiryHall Telephone: 65I266-8710 ISWestKeZloggBlvd Facsimi1e:651298-5619 Sabu P¢ul, Minnesota 55702 �� April 12, 2007 NOTICE OF COUNCIL HEARING Alexander Kopilenko Internarional Wines & Liquors 710 Cleveland Avenue South St. Paul, MN 55116 RE: All licenses held by Kopilenko International Wines & Liquors, d/b/a International Wines & Liquors for the premises located at 710 Cleveland Avenue South in Saint Paul License ID #: 0015928 Aear Mr. Kopilenko: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, May 2, 2007, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courkliouse. Enclosed are copies of the proposed resolufion and other documents which will be presented to the City Councii for their cottsideration. This is an uncontested matter conceming the fact that on February 7, 2007, you failed a second alcohol compliance check conducted by the Saint Paul Police Depariment and sold alcohol beverages to two underage persons in violation o£ Saint Paul Legislafive Code §409.26(b)(3) and Minn. Stat. §340A.503. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office for this second violation is a$1,000.00 fine. If there is an�information vou would like City Council to review prior to the nublic hearing I will need to receive rt no later than Monday Apn123 2007 Very truly yours, �� Rachel Gunderson Assistant CityAttorney cc: Christine Rozek, Deputy Duector of LIEP �OIvlary Erickson, Assistant Council Secretary, 310 City Hall Alexander Kopilenko, 724 Lexington Parkway South, St. Paul, MN 55116 Ms. Gayle Summers, Community Organizer, Highland District Council 1978 Ford Parkway, St. Paul, MN 55116-1922 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: International Wines & Liquors � � �3g� 710 Cleveland Avenue South, St. Paul, MN 55116 Wednesday, May 2, 2007 @ 5:30 p.am. Violation: Licensee failed a second liquor compliance check conducted by the Saint Paul Police Department and sold alcoholic beverages to two underage persons in violation of Saint Paul Legislative Code 404.26(b)(3) and Minn. Stat. §340A.503 Dates of Violation: February 7, 2007 Recommendation of Assistant City Attorney on behalf of client, Of�ce of License, Inspections and Environmental Protection: $1,000.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Paul Police Original Offense/Incident Report (CN #07-023-719) dated 2f8/07 4. Copy of the Liquor Compliance Check Sheet dated 2/7/07 4. Copy of Notice of Violation with Affidavit of Service dated 2/14/07 5. Copy of fax from licensee requesting a public hearing received 2/27/07 6. Copy of Saint Paul Legislative Code 310.05(m)(2) 7. Copy of Saint Paul Legislative Code 310.06 8. Copy of Saint Paul Legislative Code 409.26(b)(3) 9. Copy of Minn. Stat. §340A.503 (2006) License Group Comments Texf ( _ � 02/09/2007 Li4,ensee: KOPILENKO INTERNATIONAL WINES & LIQUORS. DBA: INTERNATIONAL WINES 8l4QUORS License #: 00'15928 v��393 02/09/2007 To CAO for adverse action..CAR. . ... - - - . - -_ - - - . — _ - . - _ _ - _ -- -.. , -_ . _ _ . _ . . _ . 0?J07l2007 CN07023719 failed alcohol compliance check conducted by SPPD. Counts as secdnd fallure, $1000 matr� penalty.CAR 11l28/2006 Rcvd $500.00 for liquor sales violafion. AMW 11/09/2006 Sent congratulations Ietter for passing liquor compliance�check. MED 10/09l2006 Passed liquor compliance check. MED 1 �/172006 Sent Fine letter ($500 due 72/1/06). LAB 11/01/2006 CFO6-1009 assesses $500 fine fo� alcohoi compliance check failUre. CAR 10/13/2006 Notice of Council Nearing from CAO fo� 1 V V2006 for sale of alcohol to an underage. CAR 70/04/2006 Notice of Volation from CAO for alcohol compliance failure. Given until 10/16/2006 to respond. CAR 7 0/02/2006 To CAO for adverse actioa CAR 09/15/2006 CN06192320 Failed alcohol compliance check conducted by SPPD.Counts as first failure. $500 matrix penalty. CAR D7/t 1/2005 Passed tobacco compliance check. RDH 03/21/2005 Passed alcohol compliance check. RDH � 03/31J200A Passed tobacco compliance check. CMK. 05/21/2003 Congratulations Ietter sent for passing alcohol compiiance check. CMK 05/08/2003 Passed DPS alcohol compliance check conducted by SPPD. CMK 04/02/2003 Passed tobacco compliance check. CMK. � D4/12/2002 Passed tobacco compliance check. SCS 03/20/2002 Sent con9ratulations letter for passing alcohol compliance check. SS 03/06/2002 Passed aicohol compliance check conduded by SPPD. SS 10/24/2001 Passed tobacco compliance check. SS 08/13/2001 Passed tobacco compliance check. SS 08/15/200'I $50 rcvd for cig sale violation, caa 07/2712001 $200 payment for violation of cig sale to minor. caa � 07/12/2001 Sent fine letter ($200 due 7/27/01). LAB ' - . 07106l2001 $200 rcvd for payment plan 3 of 3. caa -� �-- 06/27/2061 CF01-622 Ordered to pay fine of $200 for violation of saie of tobacco to a minor. raa O61}512005 $550 rcvd for payment plan 2 of 3. caa 06/OS/2007 Notice of Council Meeting from CAO for tobacco compliance failure. Matter scheduled for consent on 06/27/2001. CAR 04/18/2001 Notice of Violation from CAO. On 03i27/2001 sale of tobacco to underage person even aRer showing correct identificafion. Have three options need letter of decision by 04/30l2001- CAR/AG 05/3112001 $150 payment rcvd. cartcaa 05/25/2001 Payment plan established for $500 fine: 3 payments due 5/31 ($150), 6/15 ($150), 7/2 ($200). CAR/CAA 05/04/2001 Sent fne letter ($500 due 5f25/01). LAS 04/25/2001 Adopted Resolution Ot-426 that the licensee is hereby ordered to pay a fine of $500 for violation of Sale of Alcoholic beverag�s to underage persons. caa 03/27/2001 Notice of Council Hearing from CAO set for 04/25l2001 for sale of alcohol to an underage person.CAR 04f09l2001 To CAO for adverse action. CAft 03/27/2001 Failed tobaco comp;iance check. First failure, $200 matrix pznalty. Clerk was Alexander Kopilenko (oevnzr), 724 Lexington Pkwy, 55116.CAR 03l02/2001 Notice of Violation from CAO for sale of alcohol to an underage. $500 fine, given to 0 311 212 0 01 to respond. CAR 02l05/2001 To CAO for adverse action. $500 matrix penalty recommended. CAR Ot/30J2001 Fai4ed DPS alcohol compliance check conducted by SPPD. CN 1020876. First failure afler a warning has already been given. CAR 09/73/2000 Passed tobacco compliance cfieck. SS O5/31f2000 Sent congratulations Ietterfor passing alcohol compliance check. SS � 05/13f2000 passed U of M alcohol compliance check conducted by Vice/Ramstad. SS 04lt8/2000 Sent congratulations letter for passing alcohof compiiance check. SS 04/08l2000 Passed DPS alcohol compliance check conduc;ed by SPPD Burlce, Reilly. SS 11t2�199 passed second alcohol compliance checkAL 08/04/99 passed cig ccmpliance check; 08/1S/891ettzr sznt SS 4l16l99 completed required alcohol awareness training-DL � 5f11/99 Alcohol awareness training not taken. Letter sent - must sign up for training by SM7/99 or fiie will be sent to CAO for adverse action. CAR 01lt4l99�Congratulations lefter sent PJW 10/29/98 Passed cigarette compliance check. PJW 3/76/99 Faiied alcohol check; "unofficial" warning-treining due 4/17l99-0L 2l26f96 Per t,icensee And Verification From Diane Otson, Original Container Sfiould Be Removed From License.4J11l96 Cig Code Added Ed Id #16701—Lap-Lic . �� -� b7�3�.3 �r;«��a�,�r, �� « ' �,� - u°�fi� , :�@�4@( t _ ro � _..�;__,,�, - �\ �� d�-393 �� ,�� ;�� ,a , �� ,� ��. o,� � �� r r Cly. . TPP.11L_.. 3. . Si�M LP � S 0 �� _.._.._..� _..�___..____. --..__._..._..__� tkensem CammNs 4 � _. �-_�AU•-n��,w� .,:�, �a �„�.�8� _ � ; � �.� �� -----�----� ._ __._.._ .. �: ��_��_._____._ _._._.1_.. __ __� ,.�� „�.,�x� �a�� a �� SstesTaXkC 4bn-R'Mt�i �Y'sCagx ....._,.: '��"°- � - .K4GwkactFeC[E ti0�0 - AATraR+AaJReN+t �kAPeBCaHedBd �_ ffiaca�YCRtc'fi�,T � .. . Liccuse& Fx�nclat4ddRe5am�Q . �� "; � 1 � .._ _ ___-- -.._. _ _.. _.. _ . .. .....1 _ ...._ . .._. _ .._ _.. _. (Cmfnctefm9ae41cenue _...�.v.e._�.�. . .. r7�fe3LkmroeTa— Ttt Hazkigax�t',heckiie�pf� �'; �� 07 � 93 (_ Saint Paui Police Deparfine; � Pa9e '°` . Z _, ORIGINAL OFFENSE t (NCIDENT REPORT ��" Complaint Number Reference CN Date and Tme of Report T T t ,." �'_ " _ 070237i9 �J_===.-- E_.-- Pnmary o(fense: � `2 :1 Y'_": < <: C � , _ci, _ . �. _.... . . , r:. r = 7� LiQUOR LRW-FURNISHING ��Qt'�C}F? Police OlficerAssisfed Surcide: PnmaryReportingOfficec Simmons,MichaelR Nameof�ocasor✓6us;ness: Primary squad.� 7g4 Cocation ofincident. 7� 0 CLEVELAND AV S Secondaryreportingofficer. ST PAUL, MN 55116 approver. Simmons, Michael Distnct: Western Date § time ofoccurrence: 02/07/2007 15;40:00 to Site: Arrest made: Secondary olfense: � Police OfficerAssaulted orJnjured: Crime Scene Processed: OFFENSE DETAlLS LIQUOR LAW-FURNISHING LIQUOR TO A MINOR Attempt Ortly: Crime 5cene tYPe� R0t2i1 oescripr;on: Liquor store Appears to be Gang Related: Mefhod & Poinf of Entry Force used: Hid Inside: ' Point of enfry: Method: 02/07/2�07 15:4�:0� 02/08/2007 06:57:00 NAMES Suspect Mcvary, James David 6908 THQMAS AV S KNOWN RICHF{ELD, MN 55423 Nicknames or Aliases Nick Name: Alias: AKA Fi�st Name: Details sex Male Ra�e: White Hispanic: AKA Lasf /Jame: DoB: 04/29/1946 Age; gQ fiom to Resident Status: Pbones Home: 612-741-4477 CeIL Contact: Work: 651-690-5471 ��: Pager. � Saint Paul Police Departrner��, Pa 2°fs � ORIGINAL OFFENSE / INCiDENT R�PORT � 7 � 3 g- 3 ��' �''-" ' Date and Ame of Re Complant Number Reference CN "� �" 1 ,� �, � port 07023719 �� ri�.�acy ?t� _;:�:;,,,;, N:,,.,;y 02/08/2007 06:57:00 Pnmaryoffense: MIriP.2SOid Sr�tU_E i3.c,2 LIQUOR LAW-FURNISHING LIQUOR TO A MINOR Emp/oyment � Occupatron: CASHIER Employer fNTERNATIONAL WINE & LIQUORS ldentif icafian SSfY: L�'cense orlD#: License State: Physicai Description US: Metric: Height to Build: HairLength: HairColor. Weight. to Skin: FacialNair.• HairType: Teefh: Eye Cola: B(ood Type: OHender /ntormation Arrested: DUi: Condition: SObef Taken fo healfh care hacility: Unknown Nicknames or s2liases Nick Name: A/ias: AKA First Name: Details Sex: P hones Home: Work: Vioiated Restraining Order. Pulsuit engaged: Resistance encountered: Medieal refease obtained: MN AKA Last Name: Race: DOB: Hispanic: Age: from to Cell: Contact. Far. Pager. Residenf Status: Emp/oy Occupation: Employer. ' Identific SSN: License or 1D#: license State: �! Saint Paui Police Departme Page 3 of 5 ORIGINAL OFF / INCLDENT REPORT b7 Complaint Number Reference CN L i�� F ' �_� " Date and Time of Report �— v_. 07023719 ��t� 1 ri°� cy �esir:cc,c,,,, r��>> 02(Q8/2007 06:57:00 Vtinnesofa SEatute 13.�2 Primary offense: L{QUOR LAW-FURNISHING L{QUOR TO A MINOR Victim Nickname o rAliases Nick Name: Alras: AKA Firsf Name: DetailS Sex. Pho Home: Work. AKA Last Name: Race: DOB: Hispanic: Age: f�om to Celk � Contact: Fax: Pagec� Resident Status: Employmenf Occupation: Employer. � Iden ti t i c ation SSN; Victim informa TYae Society/Public Condition: License or /D#: Can ldentify OHender. Pf O License State: Witting to P�ess Cha�ges: j�jp Taken to health care facrlrfy: (yp Medical release obtained.� NO SOLVAB1LfTY FACTORS Suspect can be tdentified: YBS By� POIICO Photos Taken: YBS Stolen ProperlyTraceable: Evidence Tumed !n: property Tumed ln: Related Incident. - Lab BiologicalAnalysrs: Fingerprints Taken: Narcotic Malysis: 1#ems Ffngerpnnted: Lab Comments: Page 4 of 5 � Saint Paul Police Qepartmeri'_ � ORIGINAiL OF�ENSE / IIV�tDENT REP(�RT D7�39 Complant Number Reference CN Date and Trme of Report 07023719 � � `"� � `�- �` = 02/08/2007 06:57:00 PnmaryoHense: ✓gT Piii'� C,Y i:cSi::C:iU.15�r1_�`i? j LIQUOR LAW-FURNISHWG LIQU�R�'��'1�'I�`'/�Iff1f)'R' PROPERTY ITEM #7 TypeofLoss: RecovOfed Owner. Model #: a�ucte rype/nem: Cash/currency Descnption: Date o(Loss: Date Recovered: Qo2nY�ty: / Cash/Currency Location Lost: Location Recovered: Seriaf #.� Total val�e: Tumed in at: LockerlD #: Lab exams: VEHICLE 1NFORMATION (Information Only) Regrstered owner. Status Statos: Tawed: Owner. Stolen Method.� Lockstams Keys in vehicle: Description License no.: Sfafe: Year. V.LN.: Make: Mode% Mileage: Year. Type: Color. Doars: Transmission: Shrft Position: Participanis: Person 7ype: Name: Address: Phone: Suspect Mcvary, ,lames David Unknown Victim 6908 TNOMA5 AV S PoCHFiELD, MN 55423 M{V 612-741-4477 fVARRATIVE I, Sgt. Simmons work in the Vice Unit. On this date, myself, Sgt. Schoen, and two checkers, #23 and #25, were doing liquor compliance checks at licensed liquor establishments in the City of St. Paul. Checker #23, was eighteen years oid and had a DOB of 7-12-1988. Checker #25 was also eighteen years old and had a DOB of• 2-22-1988. Both checkers were given instructions on how to do liquor compliance checks..In fact, they have done them before. They are told not to lie about their age, and to provide their MN ID's if asked. It should be i r Complaint Number 07023719 Pnmary offense: ORIGINA Refere�ce CN Saint Paul Police Depar�mer� ; L OFFENSE / INCIDENT �,�� .��- � `=1 �:'1C- �CV ; , ��Iinnesota St ;-� t� ;' ` : � , `�� i c _.i.:) = LIQUOR LAW-FURNISHING L(QUOR TO A MINOR Pa9e 5 of 5 REP�RT 07�3�1� Date and Time of RepoR :. 02/08/2007 06:57:00 _ 'j noted, these ID's say, "under iwenty-one" above their picture. They are given a marked/copied twenty doffar bitl to purchase alcohol. At 1540 kirs., both checkers went into the International wine & liquors, 710 S. Cleveland, 651-690-5471. They 6ought a six pack of Miler Lite, and wafked out the door. They told us who sold to them, and stated they were never asked to show their ID's. We went in and ID'd oursefves as the Police. We (O'd the cashier who sold the alcohol to our cfieckers by a MN DL. He was Mcvary, James, David, 4-29-1946, 6908 Thomas Ave., Richfield, MN., 55423, 612-741-4477. Mcvary admitted selling alcohol to tfie checkers, and stated he did not ask for their ID. I took a picture of the six pack of Miller Lite, and of Mcvary. He returned the copied twenty dollar bill from his cash drawer. Copy of this report fo LIEP. PUBLIC NARRATIVE While doing Liquor Gompiiance checks, alcohol was sold to minors from this business. � ( �- � 7�39.� LIQ_UOaZ �OMPLIANCE C�CI� �I�EET DATE_ "�/ 7� °�-� TIlVIE �� t d Ci�r# �� —/ 1 J �ICE OFFICERS �� J ��.J / � ) i tnm -��S c�c�x ��3 vos 7° ra ��8 c�cz�R ��S ADDRESS: .�ti��al �or-a� G� �s�a. ..1� ��c, ,.�:t ' i`Q WHA.T DID THE4' TRY TO 0 i� � � � nos �.a� -/��' cJ . �:( i�U � ,� �.(�� SE�2�'Ela �j �` h LAST NAME j .� `� �je�ta P�2ST ��1'�tk.,� MIDDL� �� u= � DATE O�' E �, SIRTH �r"�� HEYGHT WEIGHT �°� � RACE L� ADDRESS �0��0 ��Oh,.�3 �tj`�. �z CTTY�C�� .�1� STATE �'LIP �'r��.� rgorrE:.wo��G� �r��azt � '� ,�� PICTIURE TAICEN J NO IDENTIF'ICATION TYl'E^� . M�t.NAGER . LAST NAME i`ci 7 c�� u1 �� FIRST f�"(� � MIDDLE_ DATE OF BIRTH ADDRESS PHONE: WORK ( CTTY � STATE�ZTP OTHER ( ) NOTES �� - �7�� 93 OFFICE OF THE CITY ATTORNEY .lohn J Choi, Ciry Attorney - CITY �F 'S�� pA�, Civil Division _ Christopher B. Colemm�, Mayor 400 Ciry HaTI TeZephone: 65126b-877D ISWestKelZoggBlvd Facsimile:65129&5619 - SaintP¢u; Minnesota SSIO2 i February 14, 2007 NOTICE OF VTOLATION Owner/Manager Internafional Wines & Liquors 710 Cleveland Avenue South St. Paul, MN 55116 RE: All licenses held by Kopilenko International Wines & Liquars, d/b/a Interima6onal Wines & Liquors for the premises located at 710 Cleveland Avenue South in Saint Paul License ID #:0015928 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection will recommend that adverse action be talcen against all licenses held by Kopilenko Intemational Wines & Liquors, d1bJa International Wines & Liquors for the premises located at 710 Cleveland Avenue South in Saint Pau1, based on the following information: On February 7, 2007, an alcohol compliance check was conducted by the Saant Paul Police Department (CN# 07-023-719) atInternational Wines & Liquors for the premises located at 710 Cleveland Avenue South in Saint Paul. Two underage persons entered the store and both were allowed to purchased a sia- pack of Miiler Lite and walk out the door. FVhen police went inside, the store clerk admitEed selling them the beer without asking for identrfication. Sale of alcohol to an underage person is a vioiation of Minn. StaY. §340A.503 and Saint Paul Legislative Code §409.26(b)(3). Tkus counts as a second violation for the sale of alcohol to an underage person. Per Saint Pau1 Legislative Code §409.26(b)(3) the licensing office will recommend a$1,000.00 penalty. At this time, you have three opfions on how to proceed: 1. You can pay the recommended $1,000.00 penalty. If this is your choice, you should make payment directly to the Office of License, Inspections and Environmental Profection, at 8 Fourth Street East, Suite 200, St. Paul,lVlixuiesota 55101-1002 no later than Monday, February 26, 2Q0�. Information should be darected to fhe attention of Christine Rozek. A self-addressed envelope is enclosed for your conbenience. Payment of the fine will be considered to be a waiver of the heaxing to which you are entitled. AA-ADA-EEO Employer Tntemational Wines & Li .�ors Febnzary 14, 2007 Page 2 r' D7 3q-3 2. If you wish to haue a public hearing befare the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts requesting a public hearing. We will need fo receive your letter by Monday, February 26, 2007. The matter �vi11 then be scheduled before the City Council for a pubtic hearing to determine whether to impose the penaliy. You will have an oppomuuty to appeaz be£ore the Council aud make a statement on your own behal£ 3. If you dispute the above facts, you can iequest a hearing before an Adminisirative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exa.uune the other's witnesses. The St. Pau1 City Council will ultimately decide the case. If fhis is your choice, please advise me no later thari Monday, February 26, 2007, and I will take the necessary steps to schedule the a*�nistrative hearing. Ifyou have not contacted me by that date, Iwill assume that you are not contesting the imposition of the $1,000.00 penalty. If you have questions about these opfions, please feel free to contact me at 266-8710. Sincerely, �G�� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director - LIEP Alexander Kopilenko, 1856 Suxmuit Lane, Mendota Heights, MN SS ll 8 Ms. Gay1e Suuzuiers, Community Organizer, Highland Disisict Council 1978 Ford Parkway, St. Paul, MN 55116-1922 AA.-ADA-EEO Employer STATE OF MINNESO�%' � � ss. COUNT'Y O� RAM5EY ) D7 39� AFFIDAVIT OF S� : VICE BY U.S. MA7T, Julie Kraus, being first duly sworn, deposes and says that on the 14�' day of February, she served the attached iVOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Intemational Wines & Liquors 710 Cleveland Avenue South St. Paul, MN 55116 Alexander Kopilenko 1856 Sumuzit Lane Mendota Heights, MN 55118 Ms. Gayle Summers, Community Organizer Highland Dislrict Council 1978 Ford Parkway 5t. Paul, MN SSll 6-1922 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. . � 7ulie Kraus Subscribed and sworn to before me this 14�` day of February, 2007 � , � �_ 6 �'O No ary Public RITA M. BOSSARD pp'(ARYPUBL�•MIN �r CpMµ4SStON pCPIRES JAN. 31, 2 0 1 0 c��-�q3 Rachel Guaderson Assistant City Auomey We, Intemarional Wines & Liquors, requesring a hearing Before Administ�arive T,aw 7udge in the matter of alcohol compliance check Conducted by St. Paul Police Department 5 �� (.�,t.`.'�,,� Ale�ndeL Kopilenko �--a � - �--�. Y-- ; � ��> ` n 4� ��i �.: � 1 Lv'�? ;`�: � :� �-�-=, 6;� �34��`� Chapter 310. Uniform License Procedures Sec. 310.05. Hearing procedures. Page 1 of 3 C�7'3�_ (a) Adve�se action; notice and hea�i�g requirements. In any case where the council may or intends tp consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an apptication for the grant, issuance or renewal of a license, or tfie disaQproval of a license issued by the StaEe of Minnesota, the applicant or iicensee shalt be given notice and an opportunify to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) /VOtice. In each such case where adverse acEioa is or will be considesed by Ehe council, the applicant or licensee shali have been notified in writing that adverse acEion 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 �otice shalt be served or mailed a reasonable time before the hearing date, and shall state tfie place, date and time of the fiearing. The notice shatl state the issues involved or grounds upon whic6 the adverse action may be sought or based. The councit may request that such written notice be prepared and served or mailed by the inspedor or by the city attorney. {c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitlgaUng or aggravating circumstances, the hearing shall be held before Che councif. Otherwise the hearing shall be conducted before a hearing examiner appointed by the council or retained by conFract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (o-i) Procedure; hearing examine�. The hearing examiner shall hear alI evidence as may be presented on behalf of the city and the applicant or Iicensee, and shall present to the council written findings of fact and conclusio�s of faw, together with a recommendation for adverse action. The councll shall consider the evldence contained in the record, the hearing examiner's recommended findings of fact and conclusions, and shail not consider any TacEUal testimony not previously submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings, condusions, and recommendations, the council shatl provide the app{icant or licensee an opportunity to present oral or written arguments alleging error on the part of the examiner in the application of the law or 9nterpretation of tfie facts, and 'co present argument related to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the examiner's Findings and recommendations, together with such additional argumen[s presented at the hearing, the council shall determine what, if any, adverse action sfiall be taken, which action shall be by resotution. The council may accept, reject or modify the findings, conclusions and recommendations oP the hearing examiner. (c-2) Ex-parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved i� the matter unless such discussion occurs on the record during the hearings of the matter or during the counciPs final deliberations of the matter. No interested person shall, with knowledge that a Iicense matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue i� 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 communications regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shali mean and inciude a person who is an officer or employee of the licensee which is Ehe subject oF the scheduled adverse hearing, or a person who has a financial interest in such ficensee. (d) License= er applrcant may be repres�nted. The {icensee or appiicant may represent hlmself or choose to be represented by another. (e) Record; evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimo�y and exhihits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasona6le a�d prudent persons in the conduct of thair affairs. (� Council action, resolutio� to mntarn findings. V�lhere the council takes adverse action with respect to a license, licensee or applicant for a Iicense, the resolution by which such action is taken shatl contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolution taking the adverse action. (g) Additional procedur'es where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such provisions shall be complied with and shall supersede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Sfatutes, Section 340A.415. (h) Discretion to hearnotwiYhstanding withdrawalo�su�rende�ofapplicaPion orlicense. The councii may, at ht-b:/lwurva.sipaul.govtcode11c310.htm1 3I2012007 Chapter 310. Uruform License Procedures Page 2 of 3 o �-.�9� its discretion, conduct a hearing or direct Fhat a hearing be held regarding revocation or denial of a Iicense, notwithstanding that the applicant or licensee has attempted or purported to wtthdraw or surrender said ficense or application, if the atEempted withdrawal or surrender took place aRer the applicant or Iicensee fiad been noti�ed of the fiearing and potential adverse action. (i) Continuances. Wfiere a hearing for tfie purpose of considering revocation or suspension of a license or other disciplinary acEion involving a license has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the counc7l at che request of the licensee, ticense appficant, an interested perso� or an attorney representing the foregoing, upon a sfiowing of good cause by tfie party making the request. (j) If the council imposes an adverse action as defined io section 310.01 above, a generic notice of such action shali be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the Iicensed premises, and failure to take such reasonabte 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 contested hearing before an independent hearing examiner. The costs of a contested hearing include, 6ut are not Iimited to, the cost oF the administrative faw judge or independenE hearing examiner, stenogrephic and record(ng costs, copying costs, city staff and attorney time for which adequate records have beert kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the ticensee or appiicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or haressment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the ticensee or employees thereof, and/or the circumstances under which the violation occurred were aggravated and serious; (iii) the viofatton created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vuinerabie persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and therefore could have reasonably avoided the violation, sucfi as but not limited to, the nonpayment of a required fee or the faiture to renew - required insurance policies; (vi) the violation is covered by the matrix in section 4�9.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes Co a minor. (i) Imposition of Fnes. The council may impose a fine upon any Iicensee or ficense app(icant as an adverse Iicense action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the soie discretion of the council. To the extent any oCher provision of the Legislative Code provides for the imposition oF a flne, both provisions shail be read together to the extent possibie; provided, however, that in the case of any conflict or inconsistency, the other provision shall be controlling. (m) P�esumptive pena/ties for certain violations. The purpose of Chis section is to estahlish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all Iicense types, except that in tfie case of a violation involving a liquor license § 409.26 shati apply where a specific violation is listed. 7hese penalties are presumed to be appropriate for every case; however the wuocil may deviate therefrom in an individuai case where the councii flnds and determines that there exist substantia( and competliog reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why tfie penalty selected was more appropriate. Type of Violation Appearance ist 2nd 3rd 4th (1) Violations of conditions placed on the license $500.00 fine (2) Vio(ation of provisions of Yhe legis4ative code $500.00 flne relating to the Iicensed activity (3) Fai(ure to permit entrance or inspection by 5-day LIEP inspector or police suspensian (4) Commissinn of a crime other than a febny on $700.00 tfie premises by a licensee or employee (S) Commission of a fefony on the premises by a $2,000.00 ticensee or empioyee (6) Death or great bodily harm in establishment 30-day related to violation of law or ficense conditions suspension $1,000.00 $2,000.00 fine and 10- Revocati fine day suspension $1,060.00 $Z,OOO.00fine and 10- Revocati fine day suspension SO-day IS-day suspension Revocati suspensio� $1,500.00 5-day suspension RevocaEi Revocation n/a n/a 60-day Revocation n(a suspension (i) Fines payab/e without hearing. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearence before the counci( may elect to pay the fine to the office of LIEP http:i/wwwstpaul.gov/code{1c310.htm1 3/20/2007 Chapter 310. Uniform License Procedures Page 3 of 3 �7�.�3 without a council hearing, un(ess the notice of violatio� has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of tfie hearing to which Yhe Iicensee is entitled, and wiil be considered an "appearance" for the purpose of determining presumptive penalties for subsequer�t violations. (ii) Multiple violations. At a licensee's first appearance before the city council, the council shall conslder and act upon all Che violations that fiave been alleged and/or inmrporated in che notices se�t to the licensee under tfie administretive procedures act up to and including the formal notice of hearing. The council in that case shaff consider the presumptive Qena(ty for each such violation under the "SSt Appearance" co{umn +n paragrapfi (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. (iii) Violations occur�ing alter the date of the notice of hearing. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice (s) by stipulation if the Iicensee admits to the facts, and shall in that case be treated as though part of tfie "Sst Appearance." In aIl other cases, violaCions occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the council. {iv) Subsequent_appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shall impose the presumpGve penalty for the violation or viofations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (v) Computation ofCime. (1) If a licensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation (isted in paragraph (m) above, the current appearance shall be treated as a second appearance for the purpose deCermining the presumptive penalty. � (2) If a licensee has appeared before the councii on Cwo (2) previous occasions for violations listed in paragraph (m), and if said licensee again appears before the council for a violation listed in paragraph (m), and if the current violation occurs within eighteen (iS) calendar months of the violation that gave rise to the Frst appearance beFore the council, then the cument appearance shall be treated as a third appearance for the purpose of determin[ng presumptive penalty. (3) If a(icensee has appeared before the council on Ehree {3} previous occasions, each for violations listed in paragraph (m), and if said licensee again appears before the councif for a violaCion contained in paragraph (m), and if the current violation occurred w�ithin Ewenty-four (24) calendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for fhe purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether hvelve (12), eiqhteen (18), or twenty-four {24) months have elapsed shall be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (5} Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a seco�d appearance before the council regarding a death or great bodify harm in a licensed estabfishment that is related to a violation of the faw or license mnditions sha(l be counted as a second appearance, regardtess of how much time has passed sioce the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed establishment. A Ehird apoearance for the same shall be counted as a third appearance reS�rd!ess ef how much time has passed since the firsE or second appearance. (COde 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 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-I9-94; C.F. No, 95-473, § 4, S-3i-95; C.F. No. OS-180, § 1, 4-6-05; C.F. No. 06- 954, § 1, 11-8-06) ht�://www.stpaul.gov/code/1c310.htm1 3/ZO/2Q07 Chapter 310. Uni£orm License Procedures Page 1 of 2 U��3 Sec. 310.06. Revocation; suspension; adverse actions; im¢osiEion o4 conditions. (a) Counci! may take adverse action. The muncil is author{zed to take adverse action, as defined in secEion 310.01 above, againsk any or ell Iicenses or permits, Iicensee or app(icant for a ficense, as provided in and by Ehese chapters. Adverse actions against entertainment Iicenses issued under chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsection (6) below, or upon any lawful grounds which are communicated to the ticense holder in writing prior to the hearing beFore the councii. Such actions shall be fniEiated and carried out in accordance with the procedures outtined in sectioo 310.05; provided, fiowever, thaE the formal notice of hearing shall be used to initiate the adverse acEion without the use of prior proceduralsteps. (b) Basis fo� action, Such adverse action may be based on one (1) or more of the following reasons, which are in addltion to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation of material facts, fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying Fhe application. (3) The license was issued in violation of any of the provisions of the zoning code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulat�ons. (4) The ficense or permit was issued in violaCion oF law, without au[hority, or under a material mistake of fact. (5) The licensee or applicant has Eailed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license. (6) a. The licensee or applicant (or any person whose conducE may by 1aw be imputed 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, ordinance or regulation reasonably related to the Iicensed activity, regardless of whether criminai charges have or have not been brought in connection therewiYh; b. The Iicensee or applicant has been convicted 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 person whose conduct may by law be imputed to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an infere�ce of lack 4f 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 pub(ic health, safety or welfare, or the licensee performs or has performed his or har work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the saPety, heaith, morals, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrfan ways reasonabfy free of snow and ice as required under chapter ii4 of the SainY PaW Legislative Code. (10) The licensee or appltcant has shown by past misconduct or unfair acts or dealings: physical abuse, assaulYS or violent acttons done to others, including, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes sections 609.342 through 609.3451; sexuai abuse, physicai abuse or maltreatment of a child as defined in Minnesota Statutes section 626.556, subdivisions 2 and 10e, indoding, but noE limited to, acts which constitute a violation of Minnesota Statutes sections 609.02, subdivision 10; 609.321 tfirough 609.3451; or 617.246; neglect or endangermenF of a child as defined in Mfnnesota Statutes section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as defined in Minnesota Statutes chapter 152; the possession of a controfled substance as defined in Minnesota Statutes chapter 152 in such quantities or under circumstances giving r+se to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or appltcant is not a person of the good moral cfiaracEer or fitness required to engage in a licensed activity, business or profession. (S1) The licensee or applicant has materially changed or permitted a material change in the desigry constsuction or configuration of the licensed premises without the prior approval of the city council in the case of Class N licenses, the director in the case of C(ass T licenses, and the inspector in the case of Class R licenses, or without first having obtained the proper building permits from the city. (I2) The licensee or applicant has vtolated section Z94.01 of the Legislative Code, or has made or attempted to make a prohibited ex parEe contact with a council member as provided in section 310.05(c-Z) of the Legislative Code. http:llwww,stpaul.gov/code/1c310.htm1 3/26/2007 Chapter 310. Uniform License Procedures Page 2 of Z �7�3j3 (13) The licensee violated [he !aw ar any Iicense condition and tfiat vio{ation is related to a death or great bodily harm, as defined in Minnesota Stafute section 609,02, su6d. 8, in or near the estabfishment. The terms ° licensee" or "applicant" for the purpose of this section shall mean and include any person who has any interest, whether as a holder of more tfian five (S) percent of fhe stock of a corporation, as a partner, or otherwise, in the premises or in the business or activity which are Iicensed or proposed to be licensed. With respect to any license for activities entitled to tfie protection of the First Amendment, notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of fhe licensee or appticant nor the content of the protected speech or matter shaft be the basis for adverse action against the Iicense or application. (c) Imposition oFreasonable conditions andJorrest�ictions, When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a ticense issued or held under these chapters, any one (1) or more such reasonable condttions and/or restrictions may be imposed upon such Iicense for the purpose of promoting public health, safety and weffare, of advancing the public peace and the elimination of conditions or actions Ehat constiCute a nuisance or a detriment to the peaceful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operatian of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A IimitaGon or restriction as to the tocation within the licensed business or establishment where particutar type of activities may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment, . . (6) Any other reasonable condition or restriction limiting the operation of the Iicensed business or � establishment to ensure that the business or establishment will harmonize with the character of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class R licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse acYion against tfie license or licenses; the inspecFor fias the same power with respect to Ctass T licenses. The councii may impose such conditions on Class N Iicenses with the wnsent of the license holder, or upon any class of license as an adverse action against the Iicense or licenses following notice and hearing as may be required. Such conditions may 6e imposed on a license or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Conditions imposed on a license or licenses shall remain on such ftcenses when renewed and shall continue thereaRer untit removed by the council in the case of conditions on Class N licenses or conditions imposed by adverse action, and by the inspector in the case of Class R and T licenses. (d) Standa�ds fo� multiple license deEe�mination. In any case in which the council is authorized to take adverse action against less than all of the licenses held by a licensee, or appiied for by an appllcant, the foflowing standards may be used: (1) The nature and g�avity of the grounds found by the council to exist upon which the adverse acEion would be based; (21 The policy and/or regulato.ry goa!s for the pa:ticular licer,ses ir,volvad, aither as embodied in the Legislative Code or as found and determined by [he councif; (3) The i�terrefationship of the licenses and their relative importance to the overeil business enterprise of the licensee or applicant; (4) The managemenE practices of the ticensee or applicant with respect to each of such licenses; (5) The extent Eo which adverse action against less than all of the licenses or applications would result in di�culty in enforcing and moniCoring the adverse action taken; (6) The hardship to the ficensee or applicant Ehat would be caused by applying adverse action to aIl Iicenses or apptications; aod (7) The hardship andjor danger to the public, or to the pubiic health and weifare, that would result from adverse action against less than ai1 of the ticenses or appSications. (Code 1956, § 510.66; 6rd. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § Z, 6- 13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 179ll, §§ 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. No. 95-473, § 5, 5-31-95; C.F. No, 49- SQO, § 3, 7-7-99; C.F. No. 06-954, § Z, 11-8-06) http:lJwwwsipaul.govlcode/1c310.htm1 3/26/2007 Chpter 409. Intoxicating L� uar* [- Page 1 of 1 � ! �J� Sec. 409.26, Intoxicating liquor; nonintoxicaEing malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by whicfi the city council determines the length of Iicense suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penaities are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, tfie counci( shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penafties for violafions. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Appearence Type of Violation Sst 2nd 3rd 4th (i) Commission of a felony reiated to the licensed activity. Revocation NA NA NA (2J Sale of alcohol beverages while license is under suspension, Revocation NA NA fVA � Sa1e of alwholic beverages to underage person. Fine Fine Up to 18 Revocati (4) Sale of alcoholic beverage to intoxicated person. Fine Fine Up to 18 Revocati (5) After hours sale of alcoholic beverages. Fine 6 18 Revocati (6) After hours display or consumption of alcoholic beverage. Fine 4 12 Revocati (7) Refusal to allow city inspectors or police admission to inspecY, 5 15 Revocation NA premises. {8} Illegal gambling on premises. (9) Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make application for license renewal prior to Iicense expiration date. (11) Sale of intoxicating liquor where only license is for nonintoxicating fiquor. (12) Failure to comply with statutory, and ordinance requirements for liability insurance. Fine 6 Fine 4 Fine 6 Fine 6 18 Revocatr 12 Revocati 18 Revocati 18 Revocati http:llwww. stpaul.gov/code/1c409.htm1 30 Revocation NA NA 21131�'007 �: 340A.503, Minnesota Statut�s 2006 Page 1 of 2 � �= 0��3� r� , Legislafura Home � Links to the World � Hsip � Ac ��t��t� 4 � �� ; House R Sec�aYa � Ja"snt Depastments and Commissions 4 B's14 Search an8 Sfatus � Statutes, Lavrs, and Rcs#es Minnesota Statutes Table of Chapfers Chapter 340A Table of Contents 340A.503, Minnesota Statutes 2006 Copyright OO 2006 by the Office of Revisor of Statufes, State of Minnesota. 340A.503 PERSON5 IINDER 21; ILLEGAL ACTS. Subdivision 1. Consump&on. (a) It is uniawful for any: (1) retail intoacicating liquor or 3.2 percent mait liquor licensee, municipal liquor store, or bottle club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or (2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmafive defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendanYs pazent or guardian and with the consent of the pazent or guardian. (b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction where consumption occurs oz the jurisdiction where evidence of consumption is observed. (c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. 2. Purchasing. It is unlawful for any person: (1) to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age; (2) under the age of 21 yeazs to purchase ar attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional reseazch conducted by postsecondary educational institutions or state, county, or local health deparhnents; or (3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota identification cazd, or other form of identification by a person under the age of 21 yeazs for the purpose of purchasing or attempting to purchase an alcoholic beverage. Ii proven by a preponderance of the evidence, it shail be an afFumative defense to a violation of clause (1) that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household. Subd. 3. Possession. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household o£the person's pazent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of intent to consume it at a place other than the household of the pazent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. Entering licensed premises. (a) It is unlawful for a person under the age of 21 years to enter an establishment licensed far the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. http:/lrosleg.mn/binlgetpub.php?pubtype=STAT CHAP_SEC&year=cunent&section=34... 2/13/2007 340A.503, Minnesota Statutes 2006 � � � (b) Notwithstanding section 340A.509. no ordinance enacted by a statutory or home rule charter ciry may prohibit a person 18, 19, or 20 years old from entering an establishment licensed under this cl�apter to: (1) perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by section 340A.412, subdivision 10; (2) cousume meals; and (3) attend social functions that are held in a porhion of the establishmenf where liquor is not sold. Subd. 5. Misrepresentafion of age. It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. Subd. Sa. Attainment of age. With respect to purchasing, possessing, consuming, selling, fumishing, and serving alcoholic beverages, a person is not 21 yeazs of age unti18:00 a.m. on the day of that person's 21 st birthday. Subd. 6. Proof of age; defense; seizure of false identification. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid drive�'s license or identificafion card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. (c) A licensed retailer or municipal liquor store may seize a form of identification listed under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A retailer or municipal liquor store that seizes a form of identification as authorized under this paragraph must deliver it to a law enforcement agency, within 24 hours of seizing it. Subd. 7.[Repealed, 1989 c 351 s 19] History: 1985 c 305 art 7 s 3; 1986 c 330 s 6,� 1986 c 444; 1987 c 152 art 1 s 1, c 301 s 13,14; 1990 c 602 art S s 2-4; 1991 c 68 s 1,- 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21, 1995 c 185 s 7; 1995 c i 86 s 67, 1996 c 323 s 4; 1996 c 442 s 24,- ISp1997c2;57,�:999c20�s7,�2000c472s3,-20'JSc131s7 Please direct alI comments concerning issues or Iegisiation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. Page 2 of 2 C�7 �3� http:Jlrosleg.mnlbinigetpub.php?pubtype=STAT CHAP_SEC&year—current&section=34... 2I13I2007