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08-292Council File # � Green Sheet # �� R�so�uT�oN SAINT PAUL, MINNESOTA Presented by RESOLVED, that a111icenses held by Sophia Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine are hereby suspended for ten days for a lapse in liquor liability insurance from November 8, 2007 to December 1, 2007. Said suspension shall become effective at 12:01 a.m. on Wednesday, April 9, 2008, and last until 1 L•59 pm. Friday, April 18, 2008. 2 WHEREAS, adverse action was iniriated against all licenses held by Sophia Vega, Inc., d/b/a 3 Viaduct Inn Mexican American Cuisine (License ID #20060002738) for the premises located at 1056-7�' 4 Street East in Saint Paul by Notice of Violation dated February S, 2008, alleging licensee submitted liquor 5 liability insurance with a lapse in coverage from November 8, 2007 to December 1, 2007, in violation of 6 Saint Paul Legisiative Code §409.26(b) (12); and 7 8 WHEREAS, the licensee did respond to the Notice of Violation to request a public hearing which 9 was then scheduled for Mazch 19, 2008; now therefore be it, 10 11 12 13 14 15 16 17 18 19 This resolution, and action taken above, is based upon facts contained in the February 8, 2008, Notice of Violation sent to the licensee and the arguments made at the public hearing on March 19, 2008. Bostrom Carter Adopted by Council: Date B �,�,� {� K-�1.i-�✓ � Yeas ✓ ✓ 53 Ab �l Requested by Departmem of: Adoption Certified by Council Secretary By: ' Approved ay . Date � ]� O � BY� �tY�c��-- Fo xoved by Citv Attomey By� �1a�u/1, Fornt Ap ro ed b Ma o for � �ffi'ssic to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6� - �Ja- DeparhnerrtlofficelcounciL Datelnitiated: s, -�tof��&�o� 26FEB-08 Green Sheet NO: 3050454 CoMact Person & Phone: Rachel Tiemey 266-8710 must 6e on Council Agen� ,z-onnR-oa /P ►kV-n 3 Doc. Type: E-DOCUment Required: Y Document Contact Julie Kraus Conqct Phone: 26E8776 � o Assign 1 Number Z For Routing 3 Order 4 5 Topl # of Signature Pages _(Clip All Locations for Signature) e t of Safe & Ius ections i Attorne or's OSce Ma odAssistsnt ooncil ,�.t'ry Clerk (,l'ry Clerk Approval of ihe attached resolution to take adverse action against all licenses held by Sophia Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine (License ID#20060002738) for the premises located at 1056-7th S4eet East in Saint Paul. Planning Commission 1. Has this persoNfirm ever worked under a conVact for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personlfirm possess a skill not normaliy possessed by any current city employee? Yes No Explain all yes answers on separate sheet and aNach to green sheet Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): � Licensee submitted liquor liability insurance with a lapse in coverage from November 8, 2007 to December 1, 2007 in violation of St. Paul Legislarive Code Secrion 40926(b)(12). ARer notification, licensee requested a public hearing. Advantages If Approved: 10 - day closure of [he establishtnent. DisadvanWges If Approved: Nane Disadvantages If Not Approved: Trensaction: Funding Source: Financial Information: (F�cplain) Activity Number: CosflRevenue Budgeted: February 26, 2008 11:01 AM Page 1 OFFICE OF THE CITY ATTORNEY John Choi, C�ty Attorney �O �� I1 1 �F' SLll1�T pA� CiviZDivision ChristopherB. Colemmr, �LI¢yor 400CiryHall Telephone: 65I266-8710 IS �estKelloggBlvd Facsimile: 651298-56I9 Saint Paul, Minnesota SSIO2 February 28, 2008 NOTICE OF COUNCIL HEARING Rosa Marquez Viaduct Inn Mexican American Cuisine 1056-7th Street East St. Paul, MN 55106 RE: All licenses held by Sophia Vega, Inc., d/b/a Viaduct Inn Me�can American Cuisine far the premises located at 1056-7th Street East in Saint Paul License ID #: 20060002738 Dear Ms. Marquez: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, March 19, 2008, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Runsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on December 18, 2007, you submitted your liquor liability insurance to DSI with a lapse in coverage from November 8, 2007 to December 1, 2007 in violation of Saint Paul Legislative Code §40926(b)(12). 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 violation is a 10-day closure of your establishment for failure to comply with the statutory and ordinance requirements for liability insurance. If there is anv informafion you would like Citv Council to review orior to the Qublic bearing I will need to receive it no later than Monday March 10 2008 Very truly yours, 2� i c�,,.� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Mary Erickson, Council Secretary, 310 City Hall Ruben Vega, 303 Dennison Avenue, St. Paul, MN 55126 Ms. Karin DuPaul, Community Organizer, Dayton's Bluff District 4 Community Council 798 East Seventh Street, St. Paul, M1V 55106-6625 AA-ADA-EEO EteQloycr UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Viaduct Inn Megican American Cuisine 1056 - 7` Street East St. Paul, MN 55106 Wednesday, March 19, 2008 @ 5:30 p.m. /� , , Violation: Licensee submitted liquor liability insurance with a lapse in coverage from November 8, 2007 to December 1, 2007 in violation of St. Paul Legislative Code §409.26(b)(12). Dates of Violation: December 18, 2007 Recommendation of Assistant CityAttorney on behalf of client, Department of Safety and Inspections: 10 day closure of establishment Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 1/14/08 3. Copy of email from Laura Benton to Christine Rozek dated 12/18/07 4. Commercial Certi�cate of Insurance dated 12/5/07 5. Notice of Violation and Affidavit of Service dated 2/8/08 6. Letter from licensee requesting a public hearing dated 2/18/08 7. Saint Paul LQgislative Code §409.26 (b) (12) License,Group Comments Text Licensee: SOPHIA VEGA INC �� BA� VIADUCT INN MEXICAN AMERICAN CUISINE License #: 20060002738 � �D��O 02/07/2008 1/17/2008 KS took notice of non renewal of 2AM ctosing license to (icensee. They will cfose at'I:00 until the non payment is resolved. Licensee has not renewed liquor license. CAR 01/14l2008 Licensee has not made payments promised on payment plan. Payment of $1,119.00 was due 01/01l2008 and was not made. To CAO for license suspension. CAR 01N4/2008 Lapse in liquor liability coverage from 11/OS/2007-12/1/2007. To CAO for adverse action. Matrix penalty is'10 day closure. CAR 12/6/2007 Rec'd signed payment plan affidavit and payment 1 of 4 for $1,719.00. Total fee remaining =$3,358.00. LAB 11/16/2007 Sent letter outlining payment plan request. Three payments of $1,119 and one payment of $1,120 are due the tst of the monfh from Dec'07 thn, March'08. Total fee due =$4,477.�0. LAB 09/13/2007 Mailed another invoice for remaining delinquent 2nd half fee due ($1,050.00). LAB 07l23/2007 Licensee paid $1,040.00 towards license fees. LKK 07/23/2007 Rcvd $500.00 for liquor sales violation. AMW 07/06l2007 License fee payments have not been made. Total due in license and late fees is now $2940. To CAO for license suspension. CAR 07/03/2007 Sent Fine letter ($500 due 7/20/07). LAB 06/20/2007 Council Resolution 07-544 imposed a penalty of $500 for sale of alcohol to a minor on 12/13/06 & failure to attend alcohol awareness training. RS 06/18/2007 Letter from CAR regarding failure to make $525 payment due June 1. Given until June 22 to make payment to avoid forwarding of file to CAO for adverse action. CAR OS/02/2007 Notice of Violation from CAO for failure of alcohol wmpliance check. Alcohol awareness training was not taken. $500 penalty. Given until O5/14l2007 to respond. CAR 05/01/2007 Payment plan sent. MY 04/23/2007 Agreed on a payment plan for the second half liquor fee: $525 will be paid on the'Ist day of June, July, August & September 2007. F2S 04/18l20�7 Afcohol awareness was not taken for compliance failure. To GAQ for imposition of $5�U Qenalty for selling to underage.. CAR 03/09/2007 Sent 2nd half invoice. $2,100 due 5/8/2007. LAB 02/13/2007 Second letter sent for alwhol awareness training sent. Must be completed by March 4, 2007. SLH 1Z22/2006 Warning letter sent. MED 12/73/2006 Failed alcohol compliance check conducted by SPPD. First failure, warning letter to be sent. Must take alcohol awareness training by 02/02/2007. CAR 12/20/2006 NSF check #3295 rcvd for $143.75 for env health plan review fee. Total due is $158.75. ES 12/05l2006 Marc+a Moermond did not receive any letters of objedion to the license application for Viduct Inn Mexican America� Cuisine. RS 11/01l2006 CF06-994 waives 45 day notice for liquor licenses. CAR 10/03/2006 Establishment closed when alcohol wmpliance check attempted. MED 10/10/2006 Notifications sent, response date 12/01l2006; 54M and 33EM.gb 09/28/2006 Per KS, petition requirement for Entertainment B application has been met with more than 60°/a. RS 09l20/2006 per Jim Seeger #06-127828, VB Category 2 repairs / building permit finaled. OS/14/2006 letter sent for req not met. Response due August 25, 2006. cat Addr�ss Li€xnsee � e,�da�E � Li�ersse � Car�h�fc8er � E tcensee t1�me: f3FFAA �E�A I�[C _ _ _ -- — 1�HA: �D1.�7 It�Ud 3vSE}�IC�N AMEt?tCRtd CUEStNE Sai�s'F� 1ci: � � " . _ D$'�'13 ___Fnd Nut�_ : _ �3K . � C8i5ce� N�� ,._� s� i�r€ �� — 2 �R �ira� � � � � � - - - -- - - , -. - ,.. �.� . �� `. - -_ .- � a �__ _. - -=..s .. -� t. ' F £ _ . �- .._... � Y i i - - s e � _ � #3= �r •i1 ' : � - ' a _ " _ � - _ � : s � a: s .'� ' " ' f E f - � � w a � � � _ i ` # 6� € �� `j.., . _ i �� ! � , � ��'�4� �i i lk t i It: 4 �-a ' Y • ' i � F — M FA ,� � "� � i�ii� t 'f�w �4� �� . �i i. ' r x e. e �'i f� i t�� itlii I .� 11 �. i b � �� '� � �e • i� ' Y - - s. . �)�". ��..: ,. �� 1131Li li�� . . .-+.�..-- -.e-.+» :> m,... . v+ L : i .. _ _ � � .__.. _ � � , �_.. .. . _5.._ a _ _ ,�m, . .. . ... .. .:: . �332 'l1t33�ttt}�' . . _ , ::� �,��I E� Y - ax �ea .• . � _.__ � r ;_� . � t ��-� �� v_ .. � � �° �� ti�� ic. Ty{�es � Ir�sur�rcce � �nrtd � Requiremerrt� � 3 �- � Page 1 of 1 Christine Rozek - Viaduct Inn Mexican American Cuisine ��°� =��.a._.—�.�� .�.—.,��_,�._...-�s------ �..=g-w:.�..- _ .�, From: Laura Benton To: Rozek, Christine; Schweinler, Kristina Date: 12/18/2007 11:58 AM Subject: Viaduct Inn Meacican American Cuisine The Viaduct Inn Mexican American Cuisine at 1056 East 7th St. has submitted renewal liquor Iiability with a Iapse in coverage from li/8/2007 to 12/1/2007. I called Ruben Vega and he told me he has a dispute with his insurance company about his payment. He said he should not have a lapse in coverage and he will have them send a new certificate. I called him twice and have still not received it. file://C:1Documents and Settings\Rozekchr\T ocal Settings\Temp\XPgrpwise\4767BSF8m... 12/18/2007 � Corr�mercial Certi.ficate of Insurance n • FARMLRS INSi7RANCL' Nune . z3Z MnRSCIIAI.L RD � • SI-IAKOPF.F, Mj� 55379 Address • (952) 4Q7-9GI5 sc � 3 nisr. � 2 ay,cnt 3 i5 Invurrd . St�PiliA V�C;A INC VIADUCT N �� • !NN MFX(CAN/AMIiKI{:AN COUSINE � • 1056 E 7TFI S't Address • S"C PAUL MN SS1U6 � �g-xi�- . �� a�� ., � �-=� - bsuc llate, (MM/I�i�/YY) �Z/OS/20�7 'Ch1s cetl.ifiCatr, is icsurcl aS � uigilcr oFin(orm2tion otlly and tcmfers nn rightt upon ihc cert3ticale holdrr. This rerti�lr.�{e do�s riot amcnd, cXtclld or atter ihc CUVemgc aFfprdcd by CfIC p0(iaties shnvm hr.ipw Companzes Praviding Cov�r;�; Cnmpany A 1's�:ck Insui,�tncC 1'achul�;e Lciter �rn�qc��y B L'2Ymers Insur�ncr. h'xChauge Lener com��n C Mld Insurancc (:nmpaciy �eucr compa„y D A Tr uck Lisurance lixchangc IR1I01 Coverages - - This is to ceC(ify I.hat thc pnlicics uf u�surance 14titCd bclow H2ve heen itturA ro the iiuured narned abovC for the pollty �ir.riod indirarr.rl. No[wilhslanding any tequircmr.nr, tr,rnt [�r concliLion of any Con[�acf or othr.r dnrument wiLh reipccC to which this Cer[ilicate may br. icetir.cl or may ped'ain, the insurancC affnrded by lhe policies de.udbed heteln 1S subjx[ to all rh� tyrnu, excfusions and condl[i0ris of'aurh polici�. I.imils shown may havn heen i afuc.�d Ly paid rl. Erns. �'Ylte nf Li51ir� ncc General Liability (:ommcrcial rcnrrtd I.iabilily - Orrurrence Version ContrnctuaE - lncidcmrtal Urily Owners 8c Contract4rs k Yolicy Numbcr GU333 3G 30 Automobile Lia�ili�y A31 Owned Commcrdal �ul�n Sehedulrcl Aurac I Iire.d Autcu Non-Owncd Auros Garar,c. Ciabilil,y Umbrella Liability Workcrs' Compensatinn dfll� Employers' Lia6ility � � :;006,q110 8 1,0OO,OUO S I,Op0.0UU � i � 10U,000 g S,lklll $ 6 $ 5 $ Limir I � l Statutory F.'.81:�1 /�I'Cll�l'fIL $ i)Isr.�sr F:��t�itu�po�n•e $ Dur.a,ec - Po�icy Llmie g llesaription pf pFP.r2tions/Vehides/kesfrictiuns(Speciel iterns: This ��uliey alsu have liquor liabiliry coverage up !n onc million $ I,OR4,!]00 ancl rcnew automatically on the zxpirt�t.ion date Certificate Holder Cancellation . CL1'Y C}F SAINT PAUL Shoul� azry uf ltie aLuve desr.rilwd pnliciec he ranrcllrA hnforo, thy �xpirniion dace ��n . 8 FOUR�PI I ti'4' Ij �[jl'1'l 2U0 thr.rr.pf. the issuinx wFnparry will endexvor to mail 3b days wNrirn nnrir.r. rn Ihe � � SA.INT PAUL MN 55101 ccnificatr. hotd�r named to lhe leh, but failure Lo inail such nntir.e shall imposr, no Add�rss •(G51) 266-9! �4 c�blioation or liability nf any�u�on Che co�tipaz�y, iLs a�yu�Es or reprexe.ntatives. �f,:-"L43L 9-9A : � ""� "C�+ '% �__ — Aurhoriznd P.epm�en 2tiva Cupy Distribution: Service C;enter Copy and Agcnt's Copy H-o� I'ollry Lltective Pqlicy F,'xphaLiun DaLe (MM/bnlYr} I )atr, (MM/UUA'Y1 N��liCy LimiL� I 2/tll /'LUU7 12/QU2U08 Gen�ral A�regate PrudurlkC'nmp/( )1'S aggrag�te 1'ersonai & Ativertising Ir jUr L+ach Oecvrrenr.c A'ire D'amu�;e (Any nnc fre) �rvry one jretsn Combinr.d SinRlc Livui Nodily 1nj ury (Prr �rrsnil Ealily Injury (Perauade.n[) Properry U�nage Garage A�rrgam S�i'd 660699Z�S9��1 :u�� 20�TB b00z-80-.1CW O ( _. OFFICE OF TF� CITY ATTORNBY .7ohn J. Choi, CiyAitorney SAINT PAUL � AAAA CITY OF SAINT PAUL Christopher B. CoTeman, Mayor February 8, 2008 CiviZDivision 400 City Hall IS YPestKelloggBlvd SaintPau� M'mnesota 55702� NOTICE OF VIOLATION Owner/Manager Viaduct Inn Mexican American Cuisine 1056 — 7�' Sireet East St. Paul, MN 55106 i: , �. Te7epfione: 651266-8770 Facs"vniTe: 65Z 29&5679 RE: All licenses held by Sophia Vega, Inc., d/b/a Viaduct Inn Me�can American Cuisine for the premises located at 1056 — 7'�' Street East in Saint Paul. License ID #: 20060002738 Deaz Sir/Madam: The Department of Safety and Inspections (DSn has recommended adverse action against all licenses held by So�hia Vega, Inc., d/b/a Viaduct Inn Mexican American Cuisine for the premises located at 1056 — 7 Street East in Saint Paul. The basis for the recommendation is as follows: On December 18, 2007, you submitted your Liquor Liability insurance to the Department of Safety and Inspections with a lap'se in coverage from November 8, 2007 to December 1, 2007. When a DSI staff person called you regarding the lapse, you stated that you should not have a lapse in coverage and you will have them send a new cer4ificate. This is a violation of Saint Paul Legislative Code §409.26 (b) (12), therefore the licensing office will recommend a 10-day closure of your establisl�ment for failure to comply with statutory and ordinance requirements for liability insurance. At this time, you have three options on how to proceedi If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. VJe will need to receive your letter by Monday, February I8, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the 10-day closure. You will have an oppor[wiity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer �; Viaduct Inv Mexican American Cuisine February 8, 2008 Page 2 �� b8 � a�a. 2. If you dispute the above facts, you can request a hearing before an Administrafive Law 3udge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-exaiuine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Monday, February 18, 2008, and I will fake the necessary steps to schedule the admivistrative hearing. If you no longer wish to do business in the City of Saint Paul, you may send a written sfatement fo that effect to the Depu1ment of Safety and Inspecfions at 8 Fourth Sireet East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, February 18, 2008. Information should be directed to the attenfion of Christine Rozek. If you have not contacted me by that date, I will assume that you do not contest the imposition of the 10-day closure of your establishment. In that case, the matter will be placed on the Council's Consen4 Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, (Z �.�. Ti.�,,�,,,, Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Airector of DSI Ruben Vega, 303 Dennison Avenue, St. Paul, MN 55126 Ms. Karin DuPaul, Comxnunity Organizer, Dayton's Bluff District 4 Community Council 798 East Seventh Street, St. Paul, MN 55106-6625 L:\civilHCrauslForm A's\Vaziou5�2008\ViaductlODayClosute.doc STATE OF MINNESO� 1.) ) ss. COUNTY OF RAMSEY ) 68 �J�9 a- Julie Kraus, being first duly sworn, deposes and says that on the 8�` day of February, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Viaduct Inn Me�can American Cuisine 1056 — 7�' Street East St. Paul, MN 55106 Ruben Vega 303 Dennison Avenue St. Paul, MN 55126 Ms. Karin DuPaul, Community Organizer Dayton's Bluff District 4 Community Council 798 East Seventh Street St. Pau1, MN 55106-6625 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Pau1, Minnesota. . � Julie Kraus Subscribed and sworn to before me this 8�' day February, 2008 6 � V� - �.i��A-.�� No Pub icl AFFIDAVIT OF �_ VICE BY i7.5. MAIL RITA M. BOSSARD NOTARY PUBLIC-MINNESOTA MY COMMISSION IXPIRESJAN.31, 201 0 MRY-27-2004 66:21 From: NOV 10, 2005 J.5:22 To:651 298 5619 P.1�1 000-000-00000 paqe 1 68 - �-� �- Sair�t.:Rau1,.lU1N Feb;FCaary, 1'82i�08 To Whpm It l'm sending this letter '-fhe CiTY �F �i41NT PAU�.requ�sted to a�mif that m�r liquo� lia6ility poli�y w�can�llecl for ito.t� pa,ym�nt, afid also l wtsuld like tb ��i��n, t�i� �itria#�csn. a ut vui��t ti�pp�n�d back th�'n: ! wentto visit.m.y.+n reinst��e ttie paaicy �itki t�e cdinp�ny � nofi:�t�ssible. ic� :agent .ta talk aliout.how I could .f.ix the �aro�l�rr� and .. no la�pse:a.nd she mentfoned to me fhat sh� wau4d'ta}k i if if+;v8s pisssible-fo b�ck d�t�.fF�� pRlicy, tiiat action was 1 v�ould (ike .tb eeque_st ... {sublie. h�aririg to f�a�e tli� dppa.rk�nity tio a�Rea� the couracii ant4 make.. :statemertt an my behaif. ! if yo�.h�ve.any othe� r.quest regard�rrg this cas� ple�s��'ee) free_fio eorrfa�t rite.. � Truiy �� Rosa IiAar FEB-18-2008 15�26 97% P.a1 Chapter 409. Intoxicating L��or* Page 1 of 3 �.. 68'�ia- Sec. 409.26. Intoxicating liquor; nonintoxicating mait liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriery of revocations, and shall apply fo aIl on-sale and off-sale licensed premises for both in[oxicating liquor under this chapter and nonintoxicating Iiquor under Chapter 410. These penalties 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, the council shall provide writte� reasons that specify why the penalty setected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Commission of a felony related to the licensed activity. (2) Sale of alcohol beverages while license is under suspension. (3) Sale of alcoholic beverages to underage person. (4) Sale of alcoholic beverage to intoxicated person. (5) After hours sale of alcoholic bevereges. (6) After hours display or consumption of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage. (SO) Failure to make application for license renewal prior to license expiretion date. (11) Sale of intoxicating liquor where only license is for nonintoxicating liquor. (12) Failure to comply with statutory, and ordinance requirements for Iiabiiity insurance. Appearance lst 2nd 3rd Revocation NA NA Revocation NA Fine Fine Fine Fine Fine 6 Fine 4 5 15 Fine 6 Fine 4 Fine 6 Fine 10 0 NA Upto18 Up to 18 18 12 4th NA NA Revocati Revocati Revocati Revocati Revocation NA 18 Revocati 12 Revocati 18 Revocati 18 Revocati Revocation NA NA For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3), (4), (S), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple violations, a fine shall be imposed according Yo the Eollowing schedule. For those violations which occur in on-sate intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple vfolations, the fine amounts set forth below shall be doubled. Seating capacity 0--149 . . . . $ 500.00 Seating capacity 150 and over .... 1,000.00 For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (il), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. 5,000 square feet or less ....$ 500.00 5,001 square feet or more .... 1,000.00 A licensee who would be making a first appearance before the council may elect to pay the fine to the department of safery and inspections without an appearance before the council, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive penatty. Payment of the recommended fne w+ll be wnsidered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged andfor incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "1� Appearance" column in http://www.ci.stpaul.xnn.us/code/1c409.htm1 2/7/2008