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09-106Presanied 1 WHEREAS, adverse action was taken against the Dance or Rental Halls license held by Jonah 2 Ogiamien d/b/a Jonah Ogiamien (License ID #19990005112) for the premises located at 508 Snelling 3 Avenue North in Saint Paul by Norice of Violation dated December 22, 2008, alleging licensee violated 4 Saint Paul Legislative Code §293.02 (Noise Ordinance), St. Paul Legislative Code §310.06 (a) and Minn. 5 Stat. §609.72 during an incident that occurred at the licensed premises on June 29, 2008; and 7 WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation, request a 8 public hearing or pay the $500.00 matrix penalty and return a signed license condition form; and 10 11 12 13 14 15 WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation, request a public hearing or pay the $500.00 matrix penalty and retum a signed the license condition form by January 2, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that Jonah Ogiamien d/b/a Jonah Ogiamien is hereby order to pay a$500.00 matrix . Payment of such penalty shall be made within thirty days of the date of the adoption of this 16 penalty 17 18 19 20 21 22 23 resolution. The licensee is also required to follow the license conditions listed below: 1) 2) Hours of operation will be 5: 00 p. m. —10: 00 p.m. Sunday through Thursday and 5: 00 p.m. —12.•00 midnight Friday and Saturday. In addition to the other employees, at Zeast one unifoYmed securiry person shall be present at all functions taking place at the hall. Security shall remain until all patrons and guests have left the area and shall ensure that no one loiters around or near the building. Doors and windows will remain closed during rental hall events to minimize noise. Licensee shcall not allow rrcore than one hundred fifty-five (155) people in the rental hall at one time. 24 3) 25 4) 26 Requested by Department oE �-S � a ��.u-a. ;. � ��-l� Form A�P�'oved by City Attorney $Y 1( �A.r.C�aX � lA�.tn.Ct/� Adoption Certified by Council Secretary By: Approved by Mayor: Date Form Appr�aved by Mayor for Submission to Council $Y Cur,✓ �. �c . JZ.� � WITHDRAWN 2/11/2009 Council File # Green Sheet # Q � � Adopted by Council: Date � D9-/dG � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet —�- .,a.�,,,,.,a� SI - Dept. of Safety 8lnspections i 16-JAN-09 ConWct Person & Phone: Rachel Tiemev 266-8710 Must Be on Cou 28-JAN-09 Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Julie Kraus Contact Phone: 266-8776 Total # of Signature Pages _(Clip NI Locations for Signature) Approval of the attached resolufion to take adverse acdon against the Dance or Rental Aalls license held by Jonah Ogiamien d/b/a Jonah Ogiamien (License ID#19990005112) for the premises located at 508 Snelling Avenue North in Saint Paul. Recommendations: Appmve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personai Service Contrects Must Answer the Following Questions: 1. Has fhis personlfirm ever woriced under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee? Yes No F�cplain ali yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee violated St. Paul Legislative Code Section 293.02 (Noise Ordinance), St. Paul Legislative Code Sechon 310.06(a) and Minn. Stat. Secrion 609.72 during an incident at the licensed premises on June 29, 2008. After notificarion, licensee failed to respond to the Notice of Violahon. Advantages If Approved: Imposition of $500.00 matrix penalty and license conditions. DisadvanWges If Approved: None. ' Disadvantages If Not Approved: CosYRevenue Budgeted: Financial Information: (Explain) Green Sh eet NO: 3066127 � I 0 �_ ept ofSafery & Inspections I'- � 1 pept of SafeN & Iaspections ; i Department Director Assign ' Number � 2 �h'A`ttornev Fof I 3 S1lavor's Office � i Mavor/Assisfsnt Routing 4 Council � Order 5 Gity G7erk ' City Clerk January 16, 2009 12:01 PM Page 1 dy �o� OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey SAINi PAUL � AAAA CITY OF SAINT PAUL Chnstopher8. Co/eman, Mayor Civd Div�sion 400 City Hal1 15 West Keliogg Bivd. Saint Paul, Mmnesota 55702 Telephone� 657 26G8710 Facsimile 651298-5619 December 22, 2008 Jonah Ogiamien 508 Snelling Avenue North St. Paul, MN 55104 NOTICE OF VIOLATION RE: Dance or Rental Halls license held by Jonah Ogiamien for the premises ]ocated at 508 Snelling Avenue North in Saint Paul License ID #: 19990005112 Dear Mr. Ogiamien: The Department of Safety and Inspections will recommend adverse action against the Dance or Rental Halls license held by Jonah Ogiamien for the premises located at 508 Snelling Avenue North in Saint Paul. The basis for the recommendation is as follows: On June 29, 2008, officers responded to 508 SneOing Avenue North on the report of a noise disturbance. As officers approached, they could hear loud music over the sound of their vehicle from approximately 300 yards away. This is a violation of the noise ordinance, 293.02 (d) °°Amplified sound It shall be a violation of this section to play, operate or permit the playing, use or operatinn of any radio, tape player, disc p[ayer, loud speaker or other electronic device used jor the ampl�cation ofsound, unless otherwise permitted by law, located inside or outside, the sound of which carries to points of habitation or adjacent propenies, and is audible above the lwel of conversational speech at a distance offifty (50) feet or more from the point ojorigin ojthe amplified sound" Ofticers then found rivo men yetling. One of the men, who was very emoHonal and agitated, explained that he had been punched at a party at 508 Snelling Avenue North. Officers went to 508 Snelling Avenue North and were greeted by Gideon Ogbeide who stated he was in charge. Officers informed Ogbeide that the music needed to be turned down. Ogbeide argued with officers regarding the noise, even going outside with ofScers to observe for himseif that the noise could be heard from AA-ADA-EEO Employer dy-�o6 Jonah Ogiamien December 22, 2008 Page 2 — the north side of Sherburne. Officers entered the establishment and fuund approximately 50 people in one room, and appro�mately 250 people in another room. Officers spoke with the DJ, Cham Agwa, and told him to tum down the music. Ogbeide then addressed the crowd and made racial comments including obscene language stated that °°The fucking police are here because we are black". Due to these statements, the crowd began yelling and became incited. At this point, o�cers began to fear for their safety. Nineteen squad cars had to assist in order to bring the crowd under control. During this fime, Ogbeide continued to try to tum the crowd against the police officers. The conduct of Mr. Ogbeide is a violation of Minn. Stat. § 609.72 which prohibits "offensive, obscene, nr abusive language tending reasonably to arouse alarm, anger, or resentment in others ... in a pub[ic or private place ... knowing or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others orprovoke an assault or a breach of the peace. " Saint Paul Legislative Code §310.06 (a) (6) a. "The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or perjormed any act which is a violation of, any of the provisions of these chapters or oj any statute, ordinance or regulation reasonably rela[ed to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; " Saint Paul Legislative Code §310.06 (a) (7) "The activities oflhe licensee in the licensed activity created or have created a serious danger to the public health, safety or welfare, or the licensee performs or has performed his or her work or activiry in an unsaje manner. " Officers spoke with two individuals who claimed they worked for the organization sponsoring the party. These individuals told officers that the estimated number of people attending the party was near 500. The maximum capacity for this rental hall is 155 people. Saint Paul Legislative Code §310.06 (a) (6) a. "The licensee or applicant (or any person whose conduct may by law be imputed to rhe licensee or applicant) has violaled, or performed any act which is a violation oj, ¢ny of the provisions of these chapters or oJ any statute, ordinance or regulation reasonably related to the licensed activi(y, regardless of whether criminal charges have or have not been brought in connection therewith; " Saint Paul LegislaUve Code §310.06 (a) (7) �°The activities ofthe licensee in the licensed activity created or have created a serious danger to the public health, safety or welfare, or the licensee performs or hasperformed his or her work or activity in an unsafe manner. " Per St. Paul Legis]ative Code §310.05(m) (2) the licensing office will recommend a$500.00 matrix penalty for violation of the City of Saint Paul Noise Ordinance §293.02 and the following ]icense conditions: I) Hours of operation wi11 be S.•00 p. m. —10: 00 p. m. Sunday through Thursday and S: 00 p. m. to 12:00 midnight Friday and Saturday. 2) In addition to the other employees, at least one uniformed securityp¢rson sha11 be present at a11 functions taking place at the hall. Security sha11 remain until all patrons and guests have left the area to shall ensure that no one Zoiters around or near the building. AA-ADA-EEO Emolover e��,�� Jonah Ogiamien December 22, 2008 Page 3 3) Doors and windows will remain closed during rental hall evenu to minimize noise. 4) Licensee shall not a11ow more tluzn I55 people in the rental at one time. At this time, you have three options on how to proceed: You can pay the recommended $500.00 matrix penalty and sign the attached license condition affidavit. lf this is your choice, please send the payment and license condition affidavit to the Deparhnent of SafeTy and Inspections (DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, January 2, 2009. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty and retum of the signed license conditions will be considered a waiver of the hearing to which you aze entiUed. 2. 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 wiCh a stateraent admitting the facts and requesting a public hearing. We wil] need to receive your letter by Friday, January 2, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $500.00 matrix penalty and license conditions. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that heazing 6oth you and the City will he abte to appear and present wiMesses, evidence and cross- examine each other's wimesses. The St. Paul City Counci] will ultimately decide the case. If this is your choice, please advise me no later than Friday, January 2, 2009 and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $500 matrix penalty and the attached license conditions. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, � G�� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Airector of DSI �inah Ogiamien, 3437 Fairfax Lane, Woodbury, MN 55129 Jun-Li Wang Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 AA-ADA-FF.(1 Fmninver d� �� CITY OF SAINT PAUL Chnstopher 6. Colemaq Mayor DEPARTMENT OF SAFETY AND INSPECTIONS Bob Kessleq DireCar 3]SJecY.mcSkeefSUdeY10 Te(ephpne(651)2b6-9090 SantPau{MinneSOfaS51014BG5 Facam�le(fi51)36G9099 WebSReACdress' xwwsipavlgov/tlsi (651)26fi-9f24 I agree to the following conditions being placed on the following license(s): License #: 19990005112 Type of Business: Dance or Rentai Halls Applied for by: JONAH OGIAMIEN Doing Business As: JONAH OGIAMIEN at: 508 SNELLING AVE N ST PAUL MN 55104 Conddions are as follows: 1, Hours of operation will be 5:00 p.m. - 10:00 p.m. Sunday through Thursday and 5:00 p.m. to 12:00 midnight Friday and Saturday. 2. In addition to the other employees, at least one uniformed security person shall be present at all functions taking place at the hall. Security shall remain until all patrons and guests have ieft the area to shall ensure that no one loiters around or near the building. 3. Doors and windows will remain closed during rental hall events to minimize noise. 4. Licensee shall not allow more than 155 people in the rental at one time. Licensee Date �9-/DG STATE OF MINNESOTA) � ss. COUNTY OF RAMSEY ) AFFIDAVIT OF S. _VICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the 22" day of December, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Jonah Ogiamien 508 Snelling Avenue North St. Paul, MN 55104 Jonah Ogiamien 3437 Fairfaac Lane Woodbury, MN 55129 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104-1832 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �.. � � p i Ju�pe Kraus Subscribed and sworn to before me this 22 day of December, 2008 � 1`�r- � , �� Notary Public �, �_�c��,.:::�.>��- ,.__,� � � d "� t OTP.R PllBUCn�N;iYNE$OiA � ., : �i �t�kRPr!&&tOiy � rXPiRES.L4f�.39,2082 , '�vss�=�, a ,�-..�,�..r ��; Page 1 of 2 dy_�d� to5out Szarcfi Wieru h"ev: C�r�^iaaNTra`•`•c;PZ:?v Search Bzck REGISTER OF ACTIONS Cnse No. 62-CR-08-5830 State of Minnesota vs GIDEON OGHENETEGA OGBEIDE Loatioc .,. �.;�G S J r.,s -�=_w Sa; � �_„ Case Type. Crimlfref Mandatory Date Filed: 07/03/2008 Ramsey Location. CriminaUTra�c/Petty Downtown PARTY INFORMATWN Defendant OGBEIDE, GIDEON OGHENETEGA Male WOODBURY, MN 55'129 02/04/1988 Jurisdic[ion SWte of Minnesota Lead Attorneys CHARGEINFORMATTON Charges: OGBEIDE, GIDEON OGHENETEGA 1. Disorderly ConducFOffensive/AbusiveMoisy/Obscene SWtute Level Date 60972.1(3) Misdemeanor 06/29/2008 EVENTS & ORDERS OF THE COURT � DISPOSITIONS 08/20/2008 Disposition (Judicial O�cer: Guthmann,John H. ,) 1. Disorderly Conduct-Offensive/Abusive/Noisy/Obscene Continued for dismissal Continued (Judicial Off�cer. Guthmann,John H ,) 1. Disorderly Conduct-Offensive/Abusive/Noisy/Obscene Probation - Adult� Type Probation to the Court Agency. Ramsey Co District Court St. Paul Term of'I Yr OS/20/2008 - OS/20/2009 Status: Active �8/20/2008 Fees - Adult: (Grand Total. $140 00) Due 08/20/2008 Fine: $0.00 Fees: (Fees Total: $140.00) Additional Court Costs: $70.00 Prosecution Costs: $70.00 Condition - Adult 1. No same or similar, OS/20/2008, Active 08/20/2008 OTHER EVENTS AND HEARINGS 07/03/2008 Citation E-Filed 07/08/2008 Notice and Order to Appear OS/20/2008 Arraignment (i'00 PM) (Judicial Officer Guthmann,John H. ,) 08/06/2008 Reset 6y Court to 0820/2008 Result: Heltl OS/20/2008 Notice and Order to Appear 08/20/2008 Ortler for Continuance of Dismissal 72/17/2008 Notice and Order to Appear O6/29/2009 Hearing (1�OOPM) O6/l7/2009 ConGnued to 06292009 - Otber- State of Mmnesota �YNANCIALINFOAMATION http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=1611919531 1/16/2009 dy-�d6 Bal ance Due as of 01/16/2009 08/20/2008I T ransaction ! AssessmeM 08/20/2008I Count er Payment Receipt # 7V662-2008-05977 J&C Property Management Investment Page 2 of 2 0.00 140.�0 (140.00) http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=1611919531 1/16/2009 City of St. Paul, MN - Official Website - City Charter & Codes Page 1 of 2 Sec. 293.02. Noise as a public nuisance. d� �d� (a) Generally. (1) It shalf be unlawful for any person to make, continue, permit or cause to be made, continued or permitted wit loud, disturbing or excessive noise which would be likely to cause significant discomfort or annoyance to a reasc ordinary sensitivities in the area. (2) The characteristics and conditions which shall be considered in determining whether a noise is loud, disturbi the purposes of paragraph (a) of this section, shall include, without limitation, the following: a. The time of day or night when the noise occurs. b The duration of the noise. c. The proximity of the noise to a sleeping facility and/or a residential area. d. The land use, nature and zoning of the area from which the noise emanates and the area where it is perceive e. The number of people and their activities that are affected or are likely to be affected by the noise. f. The sound peak pressure level of the noise, in comparison to the level of ambient noise. (b) Noisy assembly. (1) Defined. The term "noisy assembly" shall mean a gathering of more than one person in a residentially zoned building that woufd be fikely to cause significant discomfort or annoyance to a reasonable person of ordinary ser in the area, considering the time of day and the residential character of the area, due to loud, disturbing or exce: (2) Permitting noisy assembly_ It shall be a violation of this seetion for any person having dominion, care or conti residentially zoned or used area or building knowingly to permit a noisy assembly. (3) Remaining at a noisy assemb/y. It shall be a violation of this section to partiapate in, visit or remain at a gath having reason to know that the gathering is a noisy assembly, except any person(s) who has/have come to the � sole purpose of abating the noisy assembly. (c) Animals. It shall be a violation of this section to own, keep, have in possession or harbor any animal or anim� any noise to the reasonable annoyance of another person or persons. The phrase "to the reasonable annoyana person or persons" shall include, but is not limited to, the creation of any noise by any animal or animals which c any person, including the animal control officer or a law enforcement officer, from a location outside of the buildl where the animal or animals are located and which animal noise occurs repeatedly over at least a five-minute pi no more than a one-minute lapse of time between each animal noise during the five-minute period. (d) Amp/ified sound. R shall be a violation of this section to play, operate or permit the playing, use or operation player, disc player, loud speaker or other electronic device used for the amplification of sound, unless otherwise located inside or outside, the sound of which carries to points of habitation or adjacent properties, and is audible conversational speech at a distance of fifty (50) feet or more from the point of origin of the amplified sound. (e) Motorvehic/es. (1) Generally. It shall be a violation of this section to use any automobile, truck, motorcycle or other vehicle whic be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in loud, disturbing or excessive noise. http://www.ci.stpaul.mn.us/web/CityCodellc293.htm1 7J1612008 City of St. Paul, MN - Official Website - City Charter & Codes �y-io� Page 2 of 2 (2) Amp/ified sound irom motor vehicles. It shall be a violation of this section to play, operate or permit the playir operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplificatioi other erttertamment, which is tocated within a motor vehicSe on a pubGc street or alley, o� in a commerciel or resi facility, which is audible by any person from a distance of fifty (50) feet or more from the motor vehicle. When sc section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle's owr when the violation occurs, is guilty of the violation. If the motor vehicle's owner is not present at the time of the v person who has dominion, care or control of tfie motor vehicle at the time of the violation is guilty of the viofation owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sounc this section is guilty of the violation. (3) Horns and other signals. It shall be a violation of this sectlon to sound any horn or signal device on an autorc motorcycle, bus or other vehicle, except as a danger signal or traffic warning, which would be likely to cause sig discomfort or annoyance to a reasonable person of ordinary sensitivities in the area. (4) Application of the MPCA rules. No person shall operate a motor vehicle in the city in violation of the motor ve of the Minnesota Pollution Control Agency Rules, Sections 7030.1000 through 7030.1600. (� Pena/ties. (1) A violation of any section of this chapter is a misdemeanor, and a sentence of not more than ninety (90) day: of not more than one thousand dollars ($1,000.00), or both, may be imposed. a. Each day a violation of this ordinance is committed or permitted to continue shall constitute a separate offens punished separately. (C.F. No. 02-653, § 1, 8-14-02; C.F. No. 05-264, § 2, 4-27-05) Editor's note--C.F. No. 02-653, § 1, adopted August 14, 2002, amended the Code by repealing former §§ 293.1 adding a new § 293.02. Former §§ 293.02-293.04 pertained to noisy assembly; motor vehicies; and horns and respectively; and derived from Ord. No_ 16915, adopted May 20, 1982; and Ord. No. 17448, adopted April 28, 1 http://www.cistpaul.mn.us/web/CityCode/1c293.htm1 7/16/2008 609.72, Minnesota Statute �/ '�1 /�ro Page 1 of 1 200� Minnesota Statutes 609.72 DISORDERLY CONDUCT. Subdivision 1. Crime. Whoever does any of the following in a public or private place, including on a school bus, lrnowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor: (1) Engages in brawling or fighting; or (2) Disturbs an assembly or meeting, not unlawful in its chazacter; or (3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to azouse alarm, anger, or reseniment in others. A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure. Subd. 2.[Repealed, 1969 c 226 s I] Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. History: 1963 c 753 art 1 s 609. 72; 1967 c 242 s 1; 1971 c 23 s 71; 1988 c 689 art 2 s 236; 1991 c 279 s 34; 1994 c 636 art 2 s 46; 1995 c 229 art 2 s 7 https://www.revisor.leg.state.mn.us/statutes/?id=609.72 7/18/2008 City of St. Paul, MN - Official Website - City Charter & Codes �9�id� Page 1 of 3 Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions. (a} Counc�7 may fake adverse action_ The council is authorized to take adverse action, as defined in section 310 any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse entertainment licenses issued under chapter 411 of the Legislative Code may be initiated for the reasons set for (b) below, or upon any lawful grounds which are communicated to the license holder in writing prior to the hearir council. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 31( however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior prc (b) Basis for action. Such adverse action may be based on one (1) or more of the following reasons, which are i 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 accompanying the application. (3) The license was issued in violation of any of the provisions of the zoning code, or the premises which are licf to 6e licensed do �ot comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in violation of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to comply with any condition set forth in the ficense, or set forth in the re or renewing the license. (6) a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applica performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brougl therewith; b. The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the lic 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) I permitted a paltern or practice of conduct of failure to comply with laws reasonabfy related to the Iicensed activit inference of lack of fltness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public h� weffare, or the ficensee pertorms or has performed his or her 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 u annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembere (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under chapter 114 Legislative Code. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse, assault: done to others, including, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Statutes sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreatment of a child as define� Statutes section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation c Statutes sections 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or endangerment of a Minnesota Statutes section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportati barter of a controlled substance as defined in Minnesota Statutes chapter 152; the possession of a controlled s� defined in Minnesota Statutes chapter 152 in such quantities or under circumstances giving rise to a reasonable http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 7/18/2008 City of St. Paul, MN - Official Website - City Charter & Codes �y-/dG page 2 of 3 possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that s applicant is not a person of the good moral character or fitness required to engage in a licensed activity, busine: (11) The licensee or applicant has materially changed or permitted a material change in the design, constructior of the licensed premises without the prior approval of the city council in the case of Class N licenses, the directo Class T licenses, and the inspector in the case of Class R licenses, or without first having obtained the proper b from the city. (12) The licensee or applicant has violated section 294.01 of the Legislative Code, or has made or attempted to prohibited ex parte contact with a council member as provided in section 310.05(c-2) of the Legislative Code. (13) The licensee violated the law or any license condition and that violation is related to a death or great bodily in Minnesota Statute section 609.02, subd. 8, in or near the establishment. (14) The licensee has failed to pay license fees within sixty (60) days of the date the fees are due. Licensee mu: outstanding fees and delinquent fees in total. Failure to do so within sixty (60) days of the due date may result ir the license. A revocation for this reason, however, is not considered a revocation resulting from misconduct or u licensee, evidence of violations of law involving licensed premises, evidence that the applicant had been involve operation of a nuisance, or fraud or deception in the license application. Therefore, the requirement of § 310.02� application within one year of revocation shall not apply to revocations under this paragraph. The terms "licensee" or "applicanY' for the purpose of this section shall mean and include any person who has a whether as a holder of more than five (5) percent of the stock of a corporation, as a partner, or otherv✓ise, in the the business or activity which are licensed or proposed to be licensed. With respect to any license for activities entitled to the protection of the First Amendment, notwithstanding the fc provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the or matter shall be the basis for adverse action against the license or application. (c) imposition of reasonab/e conditions and/orrestrictions. When a reasonable basis is found to impose reasone and/or restrictions upon a license issued or held under these chapters, any one (1) or more such reasonable coi restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, o public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peaceft urban Iffe, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restricl or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of acti in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establishment where particular typ may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immedi area; (4) A requirement to provide off-street parking in excess of other requirements of law; (5) A fimitation on the manner and means of advertising the operation or merchandise of the licensed estab(ishn (6) Any other reasonable condition or restriction limiting the operation of the licensed business or establishment the business or establishment will harmonize with the character of the area in which it is located, or to prevent tY or continuation of a nuisance. The inspector may impose such conditions on Class R licenses with the consent of the license holder, or may re http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 7/18/2008 City of St. Paul, MN - Official Website - City Charter & Codes Dy�d� page 3 of 3 imposition of such conditions as an adverse action against the license or licenses; the inspector has the same p to C1ass T licenses. The council may impose such conditions on Class N licenses with the consent of the licensf — any class o# lieense as art adverse action against the ficense or ticenses foliowing notice and hearing as may be conditions may be imposed on a license or licenses upon issuance or renewal thereof, or upon and as part of ar against a license or licenses, including suspension. Conditions imposed on a license or licenses shaN remain on when renewed and shall continue thereafter until removed by the council in the case of conditions on Class N lic conditions imposed by adverse action, and by the inspector in the case of Class R and T licenses. (d) Standards formultip/e license determination. In any case in which the council is authorized to take adverse � less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be us (1) The nature and gravity of the grounds found by the council to exist upon which the adverse action would be I (2) The policy and/or regulatory goals for the particular licenses involved, either as embodied in the Legislative ( and determined by the council; (3) The interrelationship of the licenses and their relative importance to the overall business enterprise of the lia applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; (5) The extent to which adverse action against less than all of the licenses or applications would result in di�cul and monitoring the adverse action taken; (6) The hardship to the licensee or applicant that would be caused by applying adverse action to all licenses or � (7) The hardship and/or danger to the public, or to the public health and welfare, that would result from adverse less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95; C.F. N 1072, § 2, 12-27-06) 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-8! No. 17922, § 1, 4-28-92; C.F. No. 94-500, § 3, 7 o. 99-500, § 3, 7-7-99; C.F. No. 06-954, § 2, 11-8- http://www.cistpaul.mn.us/web/CityCode/1c310.htm1 7/18/2008 City of St. Paul, MN - Official Website - City Charter & Codes d9-/�G Page 1 of 1 m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard 6y which tl determines the amount of fines, the length of license suspensions and the propriety of reyocations, aod shall ap types, exceptthat in the case ofa vioia�ion involving a liquor license § 409.26 shall apply where a specific violat These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in z where the council finds and determines fhat there exist substantial and compeiling reasons making it more appn When deviating from these standards, the council shall provide written reasons that specify why the penalty selE appropriate. Type of Violation (1) Violations of conditions placed on the license (2) Vioiation of provisions of the legislative code relating to $500.00 fine the licensed activity (2) Violation of provisions of the legislative code relating to $500.00 fine the licensed activity, other than violations of the food code (3) Failure to permit entrance or inspection by LIEP 5-day inspector or police suspension (4) Commission of a crime other than a felony on the $700.00 premises by a licensee or empioyee (5) Commission of a felony on the premises by a licensee or $2,000.00 employee (6) Death or great bodily harm in establishment related to 30-day violation of law or license conditions suspension (7) Failure to pay license fees Revocation (8) Critical violations under 331A $250.00 (9) Non-critical violation under 331A (i) Fines payable without hearing. 2nd 3rd �1,000.00 fine $2,000.00 fine anc day suspension $1,0�0.00 fine $2,000.00 fine anc day suspension $1,000.00 fine $2,000.00 fine anc day suspension Appearance 1 st $500.00 fine 10-day suspension $1,500.Q� Revocation 60-day suspension $500.00 $150.�� $250.00 15-day suspensior 5-day suspension n/a Revocation $1,000.00, 5-day suspension $500.00 http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 7/1 F/?nnR