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09-541 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WITfIDRAWN 1/14/2009 C; Presented �% Council File # by� Green Sheet # RESOLUTION 41NT PAUL, MINNESOTA � :� WIIEREAS, adverse action was taken against a111icenses held by Diasnond Dewey's, Inc. d/b/a Pub Eas (License ID #0067176) for the premises located at 1180-7�' Street East in Saint Paul by Notice of Violarion ted December 10, 2008, alleging an employee of the licensee was convicted on September 19, 2008, of Mi emeanor Fireann (Discharge) for an incident that occurred at the licensed premised on August 27, 20 , in violation of St. Paul Legislative Code §225.06 and St. Paul Legislative Code §310.05 (m) (4); and VJHEREAS, censee did not respond to the Notice of Violation to contest the allegation, request a public hearing or pay t $700.00 matrix penalty; and WHEREAS, the N'ce of Violation stated that if the licensee failed to contest the allegation, request a public hearing or pa the $700.00 matrix penalty by December 19, 2008, that the matter would be placed on the consent agenda to ' pose the recommended penalty; now, therefore, be it RESOLVED, that Diamond ewey's, Inc. d/b/a Pub East is hereby ordered to pay a$700.00 matrix penalty for the misdemeanor convictio of an employee due to an incident that occurred at the licensed premises on August 27, 2008, in violatio of St. Paul Legislative Codes §225.06 and §310.05 (m) (4). Payment of such penalty sha11 be made wit 'n thiriy days of the date of the adoption of this resolution. Requested by Depal�ment of: � Form Approved by City Attomey l7 � n ..� . � Adoption Certified by Council Secretary By: Approved by Mayor: Date Form By: � Adopted by Council: Date � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Dy��{ IepartmenNOffice/Counal: � Date Initiated: � Dept.ofSafety&Inspections � Green Sheet NO: 3065585 - I 31-DEG08 i Conta P¢rson & Phone: ; Ra el Tierney ; 266 710 �i Must Be on unc'1 Aqenda by (Da� ! 14JAN h i Doc. Type: RESO TION � E-DOCUmen; Require • Y I DocumentCOnWct: ulieKraus I ConWct Phone: 2 8776 ToWi # of Signature Pages (C Action Requested: Approval of the attached resolufic ID #0067176) for the premises lo � ' Assign { Number For i Routing i Order � AII Locations for Signature) 0 i 2 3 4 5 take adverse action against all licenses held by Diamond Dewey's, Inc. d(b!a Pub East (I.icense � at 11 SO-7th Street East in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a wntract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No Does this personffirm possess a skill not normally possessed by any rrent ciry employee? Ye No yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): An employee of the licensee was convicted of Misdemeanor Firearm (' chazge) for an incident that occurred at the licensed premises on August 27, 2008, in violation of Saint Paul Legislative Code Secrions .06 and 310.05 (m) (4). Afrer notification, the licensee did not respond to the Notice of Violation. Ativantages If Approved: Imposition of $700.00 matrix penalry_ Disadvantages If Approved: None. Disadvantages If Not Approved: Total Amount of 7rensaction: Funding Source: Fi nancial Information: (Explain) CostlRevenue Budgeted: Activity Number: January 2, 2009 9:20 AM Page 1 by-s�f SAiNT PAUL CITY OF SAINT PAUL � istapherB. Colemcrn, Mayor AAAA December 10, 200 OFFICE OF THE CITY ATTORNEY John J Choi, Ciry Attorney Civil Divi.s�on 400CiryHali I S West Kellogg Blvd. Sa�mPau{ M�nnesota i5102 Telephone 657 2668770 Facsimile' 65! 298-5619 NOTICE OF VIOLATION Cynthia Trumble Pub East 1180-7�' Street East St. Paul, MN 55106 RE: All licenses held by Diamond Dewey's, nc. d/b/a Pub East for the premises located at 1180-7`" Street East in Saint Paul LicenseID #0067176 Deaz Ms. Trumbie: The Department of Safety and Inspections (DSI) has commended adverse action against all licenses held by Diamond Dewey's, Inc, d/b/a Pub East for the emises ]ocated at 1180-7` Street East in Saint Paul. The basis for the recommendation is as follows: On August 27, 2008, St. Paul Police were called to your e ablishment on a report of shots fired (CN #08-177-518). The caller said the artender was outside the bar firing a shotgun. When police arrived they de ined several individuals, including the bartender who witnesses identified as t shooter. When police walked into the kitchen area to clear it for officer safety, ne of the officers noticed a biack pistol grip shotgun sitting on top of a cabi t in plain view just inside the kitchen area. When you arrived, you told po' e you had no knowledge of a shotgun in the bar and that your bartender ha been drinking while bartending. Officers arrested Ronnie Eugene Stafford for Reckless Discharge of a Firearm. While police were transporting Mr. Staffard to the Law Enforcement Center, he told police that "I did what I had to do. I had to get `em out of the bar." Police noted t6at Mr. Stafford had an odor of alcohol on his breath and when they administered a PBT at the scene he registered .182. On September 19, 2008, Mr. Stafford pled guilty and was convicted in Ramsey County Court of Misdemeanor Firearm (Discharge) in violation of St. Paul Legislative Code §225.06 and was subsequently sentenced on November 26, 2008. Affirmative Action Eaual OoDOrtunitv Emnlover �y�� Pub East December 10, 2008 Page 2 This is a violation of Saint Pau] Legislative Code §310.05 (m) (4) `Yhe commission ofa crime cm a feZonv on Zhe premises bv a licensee or em Zomp yee „ therefore licensing office will recommend )0 matrix penalTy. At this ti�e you have three options on how to proceed: 1. You pay the recommended $700.00 matrix penalty. If this is your choice, you should make payme directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Mi esota 55101-1806 no later than Friday, December 19, 2008. Information should be directed to e attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience, ayment of the penalty wi11 be considered to be a waiver of the heazing to which you are entitle 2. If you wish to adm the facts but contest the penalTy, you may have a public hearing before the Saint Paul City Coun il, you will need to send me a letter with a statement admitting the facts and requesting a public he ing. We will need to receive your letter by Friday, December 19, 2008. The matter will then be l�eduled before the City Council for a public hearing to determine whether to impose the $7 .00 matrix penalty. You will have an opportunity to appear before the Council and make a stateme t on your own behalf. 3. If you dispute the above facts, y u can request a hearing before an Administrative Law Judge. At that hearing both you and the City ill be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please let me kno by Friday, December 19, 2008, and I will take the necessary steps to schedule the administ tive hearing. If I have not heard from you by that date, will assume that you do not contest the imposition of the $700.00 matrix penalty. In that ca e, the matter will be placed on the CounciYs Consent Agenda for approval of the recommended pe alty. If you have any questions, please feel free to contact�ie at (651) 266-8710. Sincerely, _�� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Cynthia Trumble, 1381 Reaney Avenue, St. Paul, MN 55106 Karin DuPaul, Community Organizer, Dayton's Bluff District 4 798 East Seventh Street, St. Paul, MN 55106-6625 STATE OF MINNESd1 , } ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) Ui'"� � Julie Kraus, being first duly sworn, deposes and says that on the 10�' day of December, sh served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an nvelope addressed as follows: Cynthia T ble Pub East 1180-7�' Street St. Paul, MN 55 Cynthia Trumble 1381 Reaney Avenue St. Paul, MN 55106 Kazin DuPaul, Community Organizer Dayton's Bluff District 4 Community 798 East Seventh Street St. Paul, MN 55106-6625 (which is the last known address of said person) United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this 10`�' day of December, 2008 " ` � /�,� N tary Public the same, with postage prepaid, in the Julie RITA M BOSSARD NOTARY PUBLIC • MINMESOTA MV COMMISSION � + EXPIRES JAN 3� D 0 1', - < -�.-•_ '�- °--o- -.. Page 1 of 2 oy-� State Search Nenu New Cnminai;Tra�clRetty Search Back REGISTER OF ACTIONS CnsE No. 62-CR-0&9857 Location : Ail MNCIS Sdes - Case Seamh Help RONNIE EUGENE STAFFORD Defendant STAPFORD, RONI�fE EUGENE St. Paui, MN 55106\ Case CrimlfrafMandatory Date Filed: 08/2812008 Ramsey Location. CriminaUTrafficlPetty oowntown Male 07/30/1984 Lead Attomeys EGAN,GREGORYJOSEPF Public Defender Jurisdiction State of Minnesota Charges: STAFFORD, RONNIE EUGENE 1 Carry BB Gun/Rifle/Shotgun/Asit Wpn-Public PI (Not applicable - GOC) 2. Dangerous Weapons-Recklessly Handle or Use (N t applirable - GOC) 3. Firearm (Discharge) 11 /26/2008 1 V26l2008 DISPOSITIONS Plea (Judicial O�cer: DeCOUrcy, Michael T.) 3. Firearm (Discharge) Guilty Disposition (Judicial Officer: DeCourcy, Michael T.) 1. Carry BB GuNRiFle/ShotguNASlt Wpn-Public Place Dismissed 2. Dangerous Weapons-Recklessly Handle or Use (N� Dismissed 3. Firearm (Discharge) Convicted Statute 624.71812 609.66.1(a)(1) SP225.10 Level Date Gross Misdemeanor 08/27/2008 Misdemeanor OS/27/2008 Misdemeanor 08/27/2008 GOC) d(Judicial Officer: DeCourcy, Michael T.) �m (Discharge) �ocal Confinement: Agency: Ramsey County Corcectional Facility Tertn: 90 Days Time To Serve: 2 Days Stay 88 Days For 1 Yr Credit ForTime Served: 2 Days SWtus: Active 1126/2008 Probation -AduR: Type: Supervised probation Agency: Ramsey County Community Corrections Term of1 Yr 11 /26/2008 - 11l26/2009 Status: Active 1126/2008 Fees -Atlutt: (Grand Total: $131.00) Due 11J26i2008 Fine: $50.00 Fees: (Fees Total: $81.00) Criminal Surcharge: $76.00 Law Library: $5.00 Condition - Adult 1 Follow alI instrudions of probation, 71l26/2008, Active 11/26/2008 2. Follow recommendations of evaluation, 11/26/2008, Active 11/26/2008 3. Chemical dependency evaluation/treatment, 11/26/2008, Active 11/26/2008 4. ForFeitweapons, 11/26/2008, Adive 11l26/2008 http://pa.courts.state.mn.uslCaseDetail.aspx?CaseID=1 b12064086 12/2/2008 Page 2 of 2 5. No alcohol/controlled substance use, 11/26/2008, Acdve � 1/262008 6. Random festing, 11 /2672008, Active � 172672006 7. Remain law-abiding, 11Y26/2008, Active 71/26/2008 08/28/2008 08Y28/2008 oaiaaizoos 08l28/2008 08/28/2008 08/28/2008 08128l2008 09/19/2008 09l19/2008 09/'19/2008 09/19/2008 09/19/2008 09/19/2008 1'I/26/2008 11/26/2008 11 /26/2008 11/26/2008 11 /26/2008 OTHER EVENTS AND HEARINGS Bail Study Interim Condition for STAFFORD, RONNIE EUGENE - Pay bail $3,000.00 I terim Condition for STAFFORD, RONNIE EUGENE - eleased on own recognizance Efil Comp-0rder for Detention ln Custody First pearence (8:30 AM) (JUdicial Officer Warner, Teresa R.) Result: Id Notice an Order to Appear Order Denyi Public Defender Other pocum t Released tr�nrn cognizance Application for Pu 'c Defender Hearing (1:00 PM) udicial Officer DeCourcy, Michael T.) Result: Held Notice and Order to App r Order Granting Public Defe der Order-Presentence Investiga' n Other pocument Criminal History Disposition has en processed Criminal Judgment and Warrant of mmitment Firearms Order Notice-Pay or Appear Sentencing (9'00 AM) (Judicial Officer p ourcy, Michael T.) Result: Held 09-� Defend ant STAFFORD, RONNIE EUGENE T otal Financial Assessment Total Payments and Credits Bal ance Due as of 12/OZ/2008 1126/2008 T ransaction Assessment 131.00 0.00 131.00 �31.00 http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1612064086 12/2/2008 Chapter 225. Weapons* 225. Weapons* Page 1 of 5 D��l *Editor's ote: C.F. No. 07-116, § 1, adopted February 28, 2007, has been treated as effectively repealing fo er ch. 225, §§ 225.01-225.12, and adding a new ch. 225. Former ch. 225 pertained to simi�ar subject atter; and derived from the Code of 1956, § 425.01-425.11; and Ord. No. 16817, adopted August , 1981; Ord. No. 16861, adopted December 10, 1981; Ord. No. 16883, adopted February 11, 1982; rd. No. 16902, adopted Aprii 8, 1982; Ord. No. 17227, adopted April 9, 1985; Ord. No. 17824, adopted y 2, 1991; Ord. No. 17844, adopted June 18, 1991; C.F. No. 95-521, adopted June 7, 1995; and C.F. o. 01-350, adopted May 2, 2001. Sec.225.01. Definitions. The following terms shall hav� Ammunition shall mean any propulsion from any firearm. following meanings: bullet or other mass prepared for insertion in and Assau/t weapon shall mean any we on other than a firearm or military-type weapon having the personal assault characteristics of any sa numchucks, blackjack, slungshot, slingshot, sand club, chain club, metal knuckles, shurikens or yawara tick. Concealed manner shall mean having the bject on the person in such a manner so that it is not completely visible to any other person. Having a ife in a sheath shafl be considered as having the knife concealed, irrespective of position of the sheath o the person. Firearm shal{ mean any weapon from which is pr elled any missile, projectile, bullet or other mass through a barrel by means of explosives or gas or air, ciuding devices used exclusively for the firing of stud cartridges, expfosive rivets or similar industriaf a aratus and instruments or equipment when used by licensed physicians or veterinarians in the course d scope of their professions. Handgun shall mean any firearm having a barrel of less tha twelve (12) inches in Iength and capable of being concealed on the person. "Handgun" or "firearm" does not include a device firing or ejecting a s t measuring eighteen one- hundredths (Q.18) inch or fess in diameter and commonly known as a"B un," a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or t s; nor does either term indude an "antique firearm," which means any firearm, induding any pistol, wit a matchbck, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 a any replica of any firearm or handgun described herein if such replica is not designed or redesigned, ade or remade, or intended to fire conventional rimfire or conventional centerfire ammunition, or uses c ventional rimfire or conventional centerfire ammunition which is not readily available in the ordin channels of commercial trade. Knife shall mean dirk, dagger, stiletto, switchblade knife, spring blade knife, push bu n knife, a folding knife with a blade in excess of four (4) inches, a machete, a bayonet, or any fixed-bl e knife, carried in a concealed manner or within reach of any person in a motor vehicte. Military-type weapon shall mean any destructive device and the ammunition designed on for such device having firepower, mass, explosive or incendiary characteristics of weapons such as cannons having a bore diameter larger than one-half ( 1/2) inch, bazookas, machine guns, fu automatic weapons, mortars, grenades, Molotov cocktails, but not including shotguns, rifles, pistols o http:/Ilibrary4.municode.coml4472JDocViewI10061J1l246/247 12I9/2008 Chapter 225. Weapons* revolvers. Page 2 of 5 o�-� Non-lethal firearm shall mean any object which substantially duplicates an actual firearm and is capable of firing or ejecting a shot measuring eighteen one-hundredths (0.18) inch or greater in ter unless: (1) The entire exterior surtace of such non-lethal firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or ch non-lethal firearm is constructed entirely of transparent or translucent materials w' h permits unmistakable observation of the firearm's complete contents; and (2) ch non-lethal firearm shall have as an integral part, permanently affixed, a blaze orange xtension that extends at least six (6) millimeters from the muzzle end of the barrel of s ch firearm: and (3) Such noi�lethaf firearm does not have attached thereto a laser pointer. It shall not include a fire m that is intended to fire conventional rimfire or conventional cente�re ammunition, or uses conventio I rimfire or conventional centefire ammunition which is readily availabie in the ordinary channels o ommercial trade. Numchucks shall mean any evice constructed of two (2) solid cylindrical objects joined together on one (1) end by a chain, rope, ong or other such material. Otficially recognized competition sh'a!I mean aIl competitions held under the sponsorship of a bona fide target shooting or sportsmen's club dr�bona fide educational institution. Park zone means an area designated as public park by the city council or by the division of parks and recreation. Park zone includes the area �thin three hundred (300) feet or one (1) city block, whichever distance is greater, of the park boundary. Public buitding means any building, together 'th the immediate grounds upon which it is located, owned or occupied by a public or governmental ntity, .including, but not limited to, the city, county, state and the federal government. Public place means property owned, leased, or contro d by a governmental unit and private property that is regularly and frequently open to or made availa le for use by the public in su�cient numbers to give clear notice of the property's current dedication t ubiic use but does not include: a person's dwelling house or premises, the place of business owned o managed by the person, or land possessed by the person; a gun show, gun shop, or hunting or targe shooting faciiity; or parades or similar public events for which a permit has been issued by the chief of olice; or the woods, fields, or waters of this state where the person is present lawfully for the purpose o unting or target shooting or other lawful activity involving firearms. Public event means an activity which is sponsored by a governmental which a permit is issued by the city, including, but not limited to, block parties, parades, Riverfest, Saint Paul Winter Carnival or Taste of Minnesota. Secured container shalf inean a locked case legibly marked (weapon( hav� features designed for immediate weapons removal or use and containing no other n� except that a(secured container( for a rifle or shotgun may mean a weapon case, fibre, canvas or plastic, secured with a zipper, clasp, buckle or ties. Shurikens shall mean any metal device which has the shape of a multiple-K point being sharpened and primarily designed to be thrown. Schoo! zone means: , or an activity for borhood festivafs, no mechanical elated objects; S&h as leather, each (1) Any property owned, leased or controlled by a school district or an organiz ion operating a nonpublic school, as defined in Minnesota Statutes, Section 123. subdivision 3, where an elementary, middle, secondary school, secondary vocation http://library4municode.com/4472/DocView/10061/1/246/247 12/9/2008 Chapter 225. Weapons* Page 3 of 5 �� center or other school providing educational services in grade 1 through grade 12 is located, or used for educational purposes, or where extracurricular or cocurricular � activities are regularly provided; (2) The area surrounding school property as described in item (1) above to a distance of three hundred (300) feet or one ('f) city block, whichever distance is greater, beyond the school property; and (3) The area within a school bus when that bus is being used to transport one (1) or tnore elementary or secondary school students. Yawara measures fess (G.F. No. �7-116, § 1, Sec. 225.02. weapons and non-lethal firearms prohibited. (a) No person shall k p, carry or have in his possession on any pubiic street or being a trespasser upon the pre ises of another or in a public place in the city any military-type weapon, or any assault we on, or any stolen weapon, or any knife, except military personnel or peace officers engaged in e course of their duties, unless he holds a permit to possess the same as coilector's item or for e in officially recognized competition. (b) No person shall keep, carr trespasser upon the premises of (C.F. No. 07-116, § 1, 2-28-07) have in his possession on any public street or being a ier or in a public place in the city any nonlethal firearm. Sec. 225.03. Transportation of non-lethal fir� (a) It shall be a misdemeanor to transport any manner unless: (1) The nonlethal firearm is: shall mean any cylindrical-shaped object which has spheres on both ends and n (10) inches in length. firearms, assault weapons, or knives in a. Unloaded and in a gun case expressl made to contain a firearm, and the case fully encloses the nonlethal firearm by b g zipped, snapped, buckfed, tied, or otherwise fastened, and without any portion the non-lethal firearm exposed, or b. Unloaded and in the closed trunk of a motor (C.F. No. 07-116, § 1, 2-28-07) Sec. 225.04. License required to sell frearms. (a) No person shail engage in the business of selling or dealing in firearms or munition in Saint Paul without first obtaining a license to do so from the city council. The e for such license shall be established by ordinance as provided in section 310.09(b) of the gislative Code. (b) Upon application for issuance or renewal of license the licensee shall provide to the di �si his name, address and location of his business. (c) Such license may be revoked by the council for violation of any ordinance or law related the conduct of the business. ; assault weapons or knives. http://library4.municode.com/4472/DocView/10061/1/246/247 12/9/2008 Chapter225. Weapons* F. No. 07-116, § 1, 2-28-07) Sec.�25.05. Permits and registrations. Page 4 of 5 ti9'�y > and registrations required hereunder shall be accomplished in the following manner: (1) Any organization may register as a target shooting or sportsmen's club by filing a tatement with the chief of police setting forth the names and addresses of the officers of s'd club, which shall be kept current by the club as the offcers shall change from time to e. There shall be no fee for such registration, which may be revoked at any time by the c uncil for any violation of laws or ordinances relating to firearms. (2) An erson not prohibited from owning or possessing firearms may obtain a permit to posse a military-type or assault weapon as a collectors' item or to possess a mifitary-typ weapon for participation in officially recognized competition upon application th eof to the chief of police. Such appiication shall set forth the information required by ap icable state statute(s) with respect to handguns and shall, in addition, describe in detaii e use to which the weapon is to be put. The chief of police shall issue such permit, witho fee, if he concludes the applicant is of good moral character and intends to use the we on for a lawful purpose. (3) Permits for gun trai be issued by the chief of permit shall set forth with contain such limitations necessary. (C.F. No. 07-116, § 1, 2-28-07) �ng programs, gun shows, parades or other pubiic events shall p lice upon application by the sponsor thereof, without fee. The pa icularity the date and place the event is to be held and may to p tect the public safety as the chief of police shall deem Sec. 225.06. Discharge of firearms. (a) When discharge permifted. No firearm shall ' within the city except in the following cases: (1) In lawful defense of person or property (2) By persons holding permits to carry a firearm officers or military per5onnel in the course of their with enforcement of the laws. or attempted to be discharged unlawful act. ant to state statute(s), peace and in necessary connection (3) By persons who discharge blank ammunition in conne on with their participation in a public event for which a permit has been issued under ection 225.05(3) or as a starter's gun for an organized athletic event. (4) Upon an indoor target range operated under the shooting or sportsmen's ciub. a registered target (5) Upon an outdoor target range operated under the supervision of registered target shooting or sportsmen's club where shotguns are used. (6) In connection with a licensed carnival, where the weapon is so cured as to prevent its being fired except within the confines of an enclosed range impe ious to the passage of bullets. (7) By employees of the Como Zoo in the course of their duties. (8) By employees of the animal controi division in the course of their duties. http://library4.municode.com/4472/DocView/10061/1/246/247 12/9/2008 Chapter 225. Weapons* Page 5 of 5 o�-�� (b) Acts deemed attempt to discharge �rearm, For the purposes of this section, any person who does any of the following acts is guilty of an attempt to discharge a firearm: (1) The person draws a foaded firearm from a bag, holster or any other container or place of concealment; (2) The person draws an un(oaded firearm from a bag, holster or any other container or place of concealment and the ammunition for such firearm is readily available; (3) The person points a loaded firearm at or toward their person, another person, an �bject or skyward; (4) The person points an unloaded firearm at or toward their person, another person, an o� ct or skyward and the ammunition for such firearm is readily availabie; (5) The erson is carrying a firearm in a public place, or transporting a firearm in a vehicle in public place uniess the person has a permit to carry a firearm or the firearm is carried, p sessed or transported in compliance with applicable state statute(s); (6) The perso is in possession of a firearm in a room where control�ed substances are found and the fir arm was loaded or the firearm was unioaded and ammunition for such firearm is readily a ilable; (7) The person do any other act, with the intent to discharge a firearm, which constitutes a substanti step toward and is more than preparation for the discharge of a firearm. (c) Definitrons. For the purpose o this section, the following terms have the meaning given them: (1) Readily available. With r ect to ammunition, this term shall mean any ammunition in the person's posses ' n, or within the person's reach, whether boxed or otherwise, or in any device designed rapid loading of the firearm. (2) Controlled substance shall be defi ed by the provisions of Minnesota Statutes, section 152.01, subdivision 4. (3) Firearm includes all weapons under sect n 225.01 of this chapter defining firearms and handguns. (G.F. No. 07-116, § 1, 2-28-07) Sec.225.07. Penalties. Any person violating any provision of this chapter may be punish d as provided by the Saint Paul Legislative Code section 1.05. In addition, any firearm, nonlethal firear , assault weapon or knife in possession of such person and used or possessed in violation of statu or ordinance shall be confiscated and sold, destroyed or otherwise disposed of by the department police in accordance with the Saint Paul Administrative Code, section 8.02(5). Conviction of any vi lation shall work an automatic revocation of all registrations, permits and licenses held hereunder by th violator. (C.F. No. 07-116, § 1, 2-28-07) iiSt. Paul, MinnesotaiCODE OF ORDiNANCES City of SAINT PAUL, MINNESC Codified through Council File No. 08-964, adopted Oct. 1, 2008. (Supplement 75)ITitle XXIII PUBLIC HEALTH, SAFETY AND WELFARE/Chapter 225. Weap� http://library4.municode.com14472/DocView/10061/1/246/247 12/9/2008 Chapter 310. Uniform License Procedures Page 1 of 2 �y-�� (m) Presumptive penalties for cerfain violations. The purpose of this section is to establish a standard by which the city councif determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is ted. These penalties are presumed to be appropriate for every case; however the councii may de 'ate therefrom in an individual case where the council finds and determines that there exist subs ntial and compeiling reasons making it more appropriate to do so. When deviating from these s ndards, the council shall provide written reasons that specify why the penaity selected was more n�rooriate. TABLE fNSET: Type of Violation (1) Violations of conditions placed on the license (2) Violation of provisions of the legisiative code relating to the licensed activity (2) Violation of provisions of the fegis{ative code reiating to the licensed activity, other than violations of the food code (3) Faifure to permit entrance or inspection by LIEP inspector or police (4) Commission of a crime other than a felony on the premises by a licensee or (5) Commission of a felony on the premises by a licensee or emptoyee (fi) Death or great bodily harm in establishment related to violation of law or license conditions (7) Failure to pay license fees (8) Critical viofations under 331A 1st 2nd 00.00 fine $1,000.00 fine $500. fine $1,000.00 fine $500.00 fine $1,000.00 e 5-day 10-da suspension suspen ' $700.00 $2,000.00 30-day suspension Revocation $250.00 3rd $2,000.00 fine and 10-day suspension $2,000.00 fine and 10-day suspension $2,000.00 fine and 10-day suspension 15-day suspension $1,500.00 �„�" ��x� Revocation n/a 60-day suspension Revocation $500.00 $1,000.00, 5- day suspension (9) Non-critical violation $150.00 I $250.00 $500.00 under331A � (i) Fines payable wifhout hearing . 4th Revocation Revocation Revocation Revocation Revocation n/a nia $1,000.00 A. Notwiihstanding the provisions of seciion 310.05(c), a licensee who wou be making a first or second appearance before the council may elect to pay the e to the Department of Safety and Inspections without a council hearing, unless t http://library4.municode.com/4472/DocView/1 006 1 /1 /3 1 7/3 1 8?hilite=31005; 11/26/2008 Chapter 310. Uniform License Procedures Page 2 of 2 0 9-G� notice of violation 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 the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. � http:lJlibrary4.municode.com/4472JDocView11006111J317J318?hilite=310 05; I1/26/2008