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09-600Amended 6/03/09 OF Presented by Council File # 09-600 Green Sheet #� RESOLUTION PAUL, MINNESOTA . � 1 WHEREAS, adverse action was taken against the Malt Off Sale and Cigazette/Tobacco licenses held 2 by Shanghai Mazket, Inc. d/b/a Shanghai Market (License ID#19980004009) for the premises located at 154E 3 Como Avenue in Saint Paul, by Notice of Intent to Revoke Licenses dated April 16, 2009, alleging the 4 licensee was convicted on April 8, 2009, of Gross Misdemeanor Liquor Tax-Import 25L or more < 225L 5 untaxed liquor, or >6,800 oz. or more <34,000 oz. of untaxed malt in violation of Minn. Stat. §297G.19 4(b) 6 and was charged with Misdemeanor Sales tax-Cigarettes-Purchase From Unlicensed Seller -<5,000/ value up 7 to $350 and 5ales ta�c-Cigarettes — Unstamped![3nt�ed <5,000lvalue up to $350 in violation of Minn. Stat. 8 §297F.20.9 (b) and §297F.20.6 (a); and 10 WFIEREAS, per Saint Paul Legislative Code §409.26 (b)(11) and Saint Paul I.egislative Code 11 §310.06 (b)(6)(a) and (c), the licensing office recommended revocation of the licensee's Malt Off Sale and 12 Cigazette(Tobacco licenses; and 13 14 WHEREAS, the licensee did respond to the Notice of Intent to Revoke Licenses to request a public 15 hearing which was held on June 3, 2009; now therefore be it; 16 17 RESOLVED, that the Ma1t Off Sale and Cigarette/Tobacco licenses held by Shanghai Market, Inc. 18 d/b/a Shanghai Market are hereby �eut3k�1- suspended for a�eriod of 30 days and a$700 fine Ri� next �ear on condition that there Requested by Depar[ment of: �� d� , .��r�o�¢,�,s t By: � ,(Ai � Adopted by Council: Date ��di Adoption Certified by Council5ecretazy BY� � � SF Appro ed y a� r Date By: Form Ap ioved by City Attorney BY: �,.QT►�.c,►u.,� Form A oved b Mayo f Subm' si to ounci By: � Green Sheet Green Sheet �• .�� Green Sheet Green Sheet Green Sheet Green Sheet � �, DepattrnenUOfficelCounciL• � Dafe Initiated: j � S � _Dept.ofSafety8lnspections j Zg_qpR-09 ; Green Sheet NO: 3069965 � i Contact Person 8 Phone: j � Department Sent To Person InitiallDate RaCh01 Tiemey 0 Depk of Safery & Iaspectioos , � 266-8710 � � �I 1 �leptofSafetY&Inspections Deaar�.entDirector ' , Assign I 2 GtityAttornev � � . �1 Must Be on Couna Agenda by (Date}: '� Number � ' I 03JUN-09 / p f ��,,�� l i Por j 3 T4avor's O%ce I� Mayor� /_ Assistaut __ , � � Routing ' 4 �Coauca � Doc. Type: RESOLUTION � Order � 5 �City Clerk C�� - 'iv ClerJt -' ,� i E-Document Required: Y Document Contact: �ulie Kcaus Contact Phone: 26Cr8776 Toql # of S P _(q ip All Lo f Sig AMion Repuested: Approval of the attached resolution to take adverse acfion against the Malt Off Sale and Cigazette/Tobacco licenses held by Shanghai Market, Inc. d/b/a Shanghai Mazket (License ID#19980004009) for the premises located at 1546 Como Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Pla�ning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Foliowing Questions: 1. Has this personffirtn ever worked under a contract for Ihis department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any currenf city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): On April 8, 2009, licensee was convicted of a Gross Misdemeanor and chazged with rivo Misdemeanors based on a June 18, 2008 inspection report by Special Agents from the MN Department of Revenue. Aftet notification, licensee requested a public hearing. Advantages If Approved: Revocation of Malt Off Sale and Cigarette/Tobacco licenses. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Infortnation: (Explain) CosURevenue Budgeted: Activity Number. April 28, 2009 2:54 PM Page 1 Page 1 of 1 Shari Moore - Re: ApplicationXtender - New Optical - COUNCIL - 09-600 From: Rachel Tierney To: Haas, Christine Date: 6/11/2009 1:24 PM Subject: Re: ApplicationXtender - New Optical - COUNCIL - 09-600 CC: Rozek, Christine Shari: The penalty on this was amended by the Council to a fine of $700 and a 30 day suspension of both licenses. The $700 fine was imposed, but the 30 days was suspended for 1 year on the condition that they have no violations in the next year. »> Christine Haas 6/11/2009 10:47 AM »> file://C:�Docuxnents and Settings\smoore\Local Settings\Temp�gxpwise\4A310AODmai1... 6/11/2009 D' . D] SAINT PAUL � AAAA CITY OF SAINT PAUL Christopher B. Coleman, Mayor OFFICE OF TE� CITY ATTORNEY John Choi, City Attomey Teleph one: 651 266-87> 0 FaCSimde: 651 298-5679 April 29, 2009 Civil Division 400 Ciry HaII 15 West Kellogg 8/vd. Saint Paul, Minnesota 55102 NOTICE OF COUNCIL HEARING F. Clayton Tyler, P.A. Attomey at Law 331 Second Avenue 5outh, Ste. 230 Minneapolis, MN 55401 RE: Malt Off Sale and Cigarette/Tobacco licenses held by Shanghai Mazket, Inc. d/b/a Shanghai Mazket for the premises ]ocated at 1546 Como Avenue in Saint Paul License ID #19980004009 Deaz Mr. Tyler: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeung scheduled for Wednesday, June 3, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Counci] for their consideration. This is an uncontested matter conceming the fact that on Apri18, 2009, your client pled guilty and was convicted oF Gross Misdemeanor Liquor Ta�c-Import 25L or more < 225L untased liquor, or >6,800 oz. or more <34,000 oz. of untviced malt in violation of Minn. Stat. §297G.19 4(b) and was chazged with Misdemeanor Sales tax- Cigarettes-Purchase From Unlicensed Seller -<5,000/value up to $350 and Sales tax-Cigarettes — Unstamped(iJnt�ed <5,000/value up to $350 in violation of Minn. Stat. §297F.20.9 (b) and §297F.20.6(a). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. Per Saint Paul Legislative Code §40926 (b) (11) and Saint Paal Legislauve Code §310.06 (b) (6) (a) and (c), the licensing o�ce will recommend a revocation of your client's Malt Off Sale and Cigarette/Tobacco licenses. If there is anv information vou would like Citv Council to review nrior to the uublic hearin¢ I will need ko receive it no later than Fridav. Mav 22. 2009. Very truly yours, i2�.� T°� Rachel Tiemey Assistant City Attorney cc: Chris6ne Rozek, Depury Director of DSI Mary Erickson, Counci] Secretary Hong Liang, Shanghai Mazket, 1546 Como Avenue, 5t. Paul, MN 55108 Ms. Camille Schafer, Community Organizer, Dis[dct 10 Como Community Council, 1224 L.exing[on Parkway North, St. Paul, MN 55103-1000 AA-ADA-EEO Employer 1' � 11 UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Shangai Market 1546 Como Avenue St. Paul, MN 55108 Wednesday, June 3, 2009@ 5:30 p.m. Violation: Licensee was convicted on Apri18, 2009, of Gross Misdemeanor Liquor Tax-Import 25L or more < 225L unt�ed liquor, or >6,800 oz. or more <34,000 oz. of untaxed malt in violation of Minn. Stat. §297G.19 4(b) and was charged with Misdemeanor Sales ta�c-Cigarettes-Purchase From Unlicensed Seller -<5,000/ value up to $350 and Sales tax-Cigarettes — Unstamped /Untaxed <5,000/value up to $350 in violation of Minn. 5tat. §297F.20.9(b), §297F.20.6(a). Also, Saint Paul Legislative Code §409.26 (b) (11) and 310.06 (b) (6) (a) and (c ). Date of Violation: June 18, 2008 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Revocation of Malt Off Sale and Cigarette/Tobacco licenses Proposed resolution Copies of ECLIPS screens dated 4/14/09 Register of Actions (MNCIS System) dated 4/9/09 Notice of Intent to Revoke Licenses and Affidavit of Service dated 4/16/09 Letter from licensee's attorney requesting a public hearing dated 4f24/04 Minn. Stat. §297F.20.6 (a) Minn. Stat. §297F.20.9 (b) Minn. Stat. §297G.19 4 (b) Saint Paul Legislative Code §409.26 (b) (11) Saint Paul Legislative Code §310.06 (b)(6)(a) and (c) 1• �11 License Group Comments Text Licensee: SHANGHAI MARKE7INC DBA; SHANGHAIMARKET License #: �gg80U04�U9 onnanoos 7 7/21/08CShanghai Market --$700.00 matrix penalty/violation of SPLC §310.05 (m) (4) - commission of a crime other than a felony on the premises by a licensee or employee (one Gross Misdemeanor charge of uniawFul sale of alcohol w/o ta�c stamps and two Misdemeanor charges regarding the sale of cigarettes w/o tar stamps). CAR 7 7/19/2008 Sent congratulations letter for passing liquor compliance check tlone by SPPD on 11/6/08, ml 04/04/2008 Passed tobacco compiiance check. PF 1ol19l20�7 Passed tobacco compliance check. PF 07/27/2007 Passed tobacco compliance check. JWF 10/20/2006: Congrats letter sent MED 10/16J2006� Passed alcohoi compliance check conducted by SPPD MED 71/14/2006 Passed tobacco compliance check. RWJ 03/22/2005 Passed alcohol compliance check. RDH 04/15/2004 Passed tobacco compliance check. CMK. 06/03/2003 Passed tobacco compliance check. CMK 03/O6/2003 LC331q - change m license type from Grocery (C) to Retail Food (D) - Grocery 3001-6000 sq ft 11/O6/2002 Sent congratulations letter for passing alcohol compliance check. CMK 70/29/2002 Passed DPS alcohol compliance check conducted by SPPD. CMK 07/17/2002 Passed tohacco compliance check. SCS 07/03/2002 Notice ot Violation from CAO recommending adverse action for 05/01/2002 sale of tobacco product to a minor. Recommendation is for a$40( fine. Must respond by 07/15/2002. SCS O6l28/2�02 To CAO for adverse action CAR NOTE. THIS VIOLATION WAS SEN7 TO THE CAO IN ERROR. THERE IS ON�Y ONE OS/O7/2002 COMPLIANCE FAILURE. CAR OS/01/2002 Failed tobacco compliance check. Clerk was Ying Yu.. Second failure within one year. Matrix penalty, $400 fine. CAR NOTE: This notice was sent in erroc There was only one vioiation on 05/01/2002. CAR O5/24/2002 $50.00 rcvd from clerk Ying Yu for cig sales violation. ES OS/17/2002 $200.00 rcvd for cig sales violation. ES OS/O6/2002 No6ce of Violation from CAO recommending adverse action for OS/O7/2002 violation of sale of tobacco product to an underage individual. Recommended fine of $200. Must respond by 05/20/2002. SCS OS/06/2002 Notice of Administrative Fine from CAO to clerk Ying Yu for OSlOtf2002 viofaiion of sale of a tobacco product to a minor Administrative penalty of $50. Must respond by OS/20/2002. SCS OS/02/2002 To CAO for adverse action. CAR OSlOt/20�2 Failed tobacco cAmpliance check. Clerk wasYing Yu. First failure, $200 fine. CAR 08/03/2001 Passed tobacco compliance check. SCS 07/27/2001 Passed tobacco compliance check. SCS 10/11f2000 payment and ins waiver rcvdllkkJcaa 10/06/2000 Notice of Violation from CAO for failure to pay tees and provide insurance. Given to 70/76/2000 to respond. CAR 09/25/2000 To CAO for adverse action. CAR 09/25/2000 No response for request for delinqueni fees in the amount of $807 00 and for an insurance cert or waiver for off sale malt. CAR 08/24/20001etter sent re exp lic and ins. Given to 09/05/2000 to respond. CAA 07/13/2000 Passed tobacco compliance check. SCS 06/29/2000 Sent congratulations letter for passing alcohol compliance check. SCS OS/18/2000 Passed U of M alcohol compliance check conducted by LIEP/Schweinler. SCS 04/78/2000 Sent congratulations letter for passing alcohol compl�ance check. SCS 04/08/2000 Passed DPS alcohol compliance check conducted by SPPD Burke, Reilly. SCS 07/24/1999 Passed alwhol compliance check; no "unofficial" warning-DL 01/14l1999 Gongratulations letter sent. PJW 11/24/7998 Passed cigarette compliance check. PJW OZ24/1999 License approved 07/27/7999 by Council - CF #99-81/JL 01l05f5999 Legislative hearing set for 0�/14/�999 at 3:30 PM. CAR 11/19/1998 Notification response date 72/30/1998, notices mailed 11/79/7998; 75M, 1I0 & 43EM/JL 04/13/1999 Passed tobacco compliance check / IeHer sent 04/22/1999. SCS � � ��n Rddress Licensee � �ordact ( License � Cardholder � Licensee Name: HANGHAI MARF{ET DBA: HANGHAIMARkET Sales Tax Id: �� Frrd hiaw O{� Cancel New Search tie� � � R � _— N_e�rs+ G�oup...�� N�°Ternp �rp_ . C�py Group... ,�tdd Liceri�g..�� Pr�perta�;.. 0 SH,4NGHAI MARKET INC __ . _ _ ,_ ._ .. ...._._ ._._ . 11281 SHANGHAI MAR1tET INC SHANGHAI MARI4ET �Cigaretteliobacco -- ..._...... -__._,... _.. _ �Malt Off Sale Retail Fd (D) - Grocery 3001-6000 sq ft Grocery (C) _ .._ _ . _ .. . ... ._ . -- - _ _ _ .. .. _.. .. . SHANGHAI MARKET =False Riarms Active L Active L Active L Canceled 0 Complete L License � Licensee � Lic. Types �' Property �` Licensee �` Unofficial SYreet #: 546 Street Name: OM10 SYreet Type: AVE Direction: � Unit Ind: �— Unit #: � City: T PAUL State: �IN Zip: � Ward: � Dist Councif: �10 Licensee: �HANGHAI MARlCET INC DBA; HANGHAI MAR!(ET Sales Tax Id: 8012 Bus PhonE False Alarms False Alarms False Alarms 1• �11 Licensee DHA � Insurance � Bond � Requiremerrts � Project Facilitator: ASUNCION, CORINNE � Adverse Action CommeMs � License Group Commerrts: 55108 1 f21 ro8�5hanghai Market --$7Q0.00 matrix enakyNiolation of SPLC §310.05 (mj (4) - commission @rows�e f a crime other than a felony an the premises by a icensee or employee (one Gross Misdemeanor charge _f uniawful saie of alcohol wIo tax stamps and two Licensee � Commerrts: i �� Cfsss E�fi�etive Expira�on Cond�ion,s Licen�� F� R 01101 C20D2 12C31/2002 . N $0.00 R 09/01720D3 12f31I2003 N g10.0� R 01 N1 t2000 , 12f31l2000 N $7 �.00 Lie�en�� #�8p004��9 Save Changes to History Canc�1 Heap 1' .11 License Licensee Licensee Name: DBA: Sales Tax Id: AA Cordract Rec'd: AA Fee Collected: Other Aaencu Licer 2 Licensee DBA � Lic. Types � Insurance � Bond � Requiremerrts � � U MAR{CET INC ;I MARKET � Nan-Profit: r Worker's Comp: OA]ON00� 7 AA Training Rec'd: O�DId000 ] Discourrt Rec'd: [� er�sing Agency Name ! License Type License # Expiratio� for this Licensee 3e Actiue irrackive La�t NarAe First N�me AvtO7ro7M 9980�A]OA]O�t =rr. �,�i� sC_ Properties... i Financial Hold Reasons R�ason Actiae Cmte Tirie Mail Licensz To. - 8us. #�}tone .1�ta ��.; �ail To Cordact ( J - � =(651 {"` License Addrese Mail Invoice To: -- �� Mail To Co�act ��; �" License Addres: Background Check Required �` Lie�ense � Gt3FSk�c� Fraper�i�.s_:. � Save Changes to History � �anc�l � He4p 09-600 page 1 of 2 Logout Search Menu New CnmiraUTraffidPeth� Searoh Back Locahon . All MNCIS Sites - Case Search Help REGISTER OF ACTIONS CasE No. 62-CR-OS-16745 State of Minnesot2 vs HONG LIANG Case Type: Crim/Traf Mandatory Date Filed: 17Y21/2008 Ramsey Location: CriminaVTrafficlPetty Downtown PARTYINFORMATION Leatl Attorneys Defendant LIANG, HONG MOHRIANT, KAREN EILEE Roseviile, MN 55713 11l28/1955 Retained Jurisdiction State of Minnesota NELSON, LYNEL RAE CHARGEINFORMATION Charges: L�ANG, HONG 1. Liquor Ta�c-Import 25L or more <225L untazed liquor, or >6,SOOOZ or more <34,000 oz of untaxed mait (Not applicable - GOC) 2. Sales tax-Cigarettes-Purchase From Unlicensed Seller- a5000 / value up to $350 3. Sales tax-Cigarettes-Unstamped/Untaxed <5,000/value up to $350 (fJOt applicable - GOC) Statute Level Date 297G.194(b) GrossMisdemeanor O6/18/2008 297F.20.9(b) 297F20.6(a) Misdemeanor Misdemeanor O6/18/2008 06/18/2008 EVENTS & ORDERS OF THE COUAT 04/08/2009 04/08/2009 04/08/2009 Plea (JUdicial Officer: Clark, James H., Jr) 7. Liquor Tax-Import 25L or more <225L untaxed liquor, or>6,SOOOZ or more c34,000 oz of untaxed malt (Not applicable - GOC) Guilty Convicted 3. Sales tax-Cigarettes-Unstamped/Untaxed <5,000/value up to $350 (NOt appfica6le - GOC) Dismissed 2. Sales tax-Cigarettes-PUrchase From Unlicensed Seller- <5000 / value up to $350 Dismissed Disposition (Judicial Officer: Clark, James H., Jr) 1. Liquor Tax-Import 25L or more <225L untaxed liquor, or >6,800oz or mOre <34,000 oz of untaxed malt (NOt appiicable - GOC) Stay of Imposition Pursuant to M.S. 609.135 (Judicial Officer: Clark, James H., Jr) 1 Liquor Tax-Import 25L or more <225L uniaxetl liquor, or>6,SOOOZ or more <34,000 oz of untaxed malt (NOt applicable - GOC) Probati0n - Adult: Type: Probaiion to the Gourt Agency: Ramsey Co District Court St. Paui Term of 2 Yr 04/08/2009 - 04f0872011 Status� Active 04/08/2009 Fees - Adult: (Grand Total: $528.00) Due 04/08/2009 Fine: $450.00 Fees: (Fees Totai: $78.00) Criminal Surcharge. $73.00 Law Library: $5.0o Condition - AdWF. t. No same or similar, 04/08/2009, Active 04/08/2009 2. Remain law-abiding, 04/08/2009, Active 04/08/2009 I OTHER EVENTS AND HEARINGS http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=1612284089 4/9l2009 09-600 Page 2 of 2 7 7 /21/2008 1 �/21/2008 11/27/2008 0'I /29/2009 01/29/2009 01/29/2009 0'Il29/2009 01/29/2009 02/OS/2009 02/OS/2009 02/05/2009 02/OS/2009 03/03/2009 03/03/2009 03/03/2009 03/27/2009 03/27/2009 04/OS/2009 04/08/2009 04l08/2009 04/08/2009 04/08/2009 �� E-filed Comp-Summons Notice and Order to Appear Interim Condition for L1ANG, HONG '�� - Released on own recognizance ' First Appearance (7:00 PM) 01/29/2009 Reset by Gourt to 01/29/2009 �� Result: Held Application for Public Defender Order Denying Public Defender I Other pocument � Notice and Order to Appear Certificate of Representation A�davit of Service Other pocument Request for Disclosure Hearing (1:00 PM) Result: Heltl Other pocument Pre-Trial Order Omnibus Hearing (9:00 AM) Result: Heltl Notice and Ortler to Appear Plea Hearing (1:30 PM) Result: Held Criminal History Disposition has been processed Petition to En1er Guilty Plea Notice-Pay or Appear Criminal Judgment and Warrant of Commitment FINANCIAL INFORMATION Defendant LIANG, HONG Total Financial Assessment 7otal Payments and Credits Balance Due as of 04f09l2�09 04/08/2009 04/08/2009 Transaction Assessment Co�nter Payment Receipt # TV662-20Q9-04380 LIANG, HONG 528.00 528 00 0.00 528.00 (528.00) http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=1612284089 4/9/2009 1' • 11] OFFICE OF THE CIT'Y ATTORNEY lahn 1 Cluii, CiryAnorney Sw1NS '"°� CITY OF SAINT PAUL � Ctml Divu�on ChrisiopherB.Cotemnn,Mayor 400CiryHal! Telephone 651266-8710 IS West Kellogg Blvd Facsrmde: 651298-5619 * A� * Samt Paul, Mmnesot¢ 55l02 April 16, 2009 N01`ICE OF INTENT TO REVOKE LICENSES Hong Liang Shanghai Mazket 1546 Como Avenue St. Paul, MN 55108 RE: Malt Off Sale and Cigazette/Tobacco licenses held by Shanghai Market, Inc. d/b/a Shanghai Market for the premises located at 1546 Como Avenue in Saint Paul LicenseID #19980004009 Deaz Hong Liang: The Department of Safety and Inspections (DSI) has recommended revocation of the Malt Off Sale and Cigazette/'I'obacco licenses held by Shanghai Market, Inc. d/b/a Shanghai Market for the premises located at 1546 Como Avenue in Saint Paul. The basis for the recommendation is as follows: On June 18, 2008, Special Agents from the Minnesota Department of Revenue arrived at your establishment to perform a random retail inspection of cigarettes and other tobacco products. During that inspection, agents noticed some non-American cigarettes that did not have Minnesota (or any other) cigarette stamps. They seized eight (8) cartons and sixty-one (61) packs for a total of 2,820 unstamped/untaxed cigarettes. Also, during the inspection, one agent noticed non-American intoxicating liquor on the premises that he believed was untaxed. Another agent was called to your establishment to inspect the into�cating liquor. When that agent arrived, he seized seventy-five (7� bottles of unstamped, non-American wine and spirits which appeared to be untased. On April S, 2009, you plead guilty and were convicted of Gross Misdemeanor Liquor Tas —Import 25L or more <225L untaaLed liquor, or >6,800 oz. or more < 34,000 oz. of untaxed malt in violation of Minn. Stat. §297G19 4(b). At that time, you were also charged with Misdemeanor Sales tax-Cigarettes-Purchase From Unlicensed Seller -<5,000/value up to $350 and Sales fax-Cigarettes- Unstamped/[Jntaxed <5,000/value up to $35Q in violation oF Minn. Stat. §297F,209 (b) and §297F.20.6 (a). Affirmative Action Eoual Onnortunitv Emnlover 1' �11 Shanghai Mazket April 16, 2009 Page 2 The sale of intoxicating liquor without the appropriate license is a violation of Saint Paul Legislative Code §409.26 (b) (11) - Sale of intoxicatine liauor where onlv license is for non-intoxicatin�iiguor. Also, Saint Paul I,egislahve Code §310.06 (b) (6) (a) and (c) which s[ate: "The licensee or appiicant (or any person who conduct may by law be imputed to the licensee or applicant) hns violated, or perfarnzed any act which is a violation of any of the provision of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless or whether criminal charge have or have not been brought in connection therewith: the licensee or applicant (or any person whose conduct may by law be lmputed 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 inference of lack of fzmess or good character may be drawn. " Therefore, the licensine office will recommend revocation of vour Malt Off Sale and Ciearette/Tobacco licenses for the comirussion of a cnme other than a felony on the oremises bv licensee or emplovee At this time you have two options on how to proceed: 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]etter with a statement admitting the facts and requesung a public hearing. We will need to receive your letter by Monday, Aprii 27, 2009. The matter will then be scheduled before the City Council for a public heazing to determine whether to revoke your licenses. Xou will have an opportunity to appeaz before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At ihat hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the others witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please let me lmow by Monday, Apri127, 2009, and I will take the necessazy steps to schedule the administrative hearing. If I have not heard from you by that date, I will assume that you do not contest the revocation of your Malt Off Sale and Cigarette/Tobacco licenses. In that case, the matter wiil be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincezely, 2�.�. �T �` Rachel Tiemey Assistant City Atromey cc: Christine Rozek, Deputy Director of DSI Connie Li, 1Q06 Counry Road D West, New Bdghton, MN 55112 Ms. Camille Schafer, Community Organizer, District 10 Como Community Council 1224 Lexington Pazkway North, St. Paul, MN 55103-1000 STATE OF MINNESOT ^ 1 , ss COUNTY OF RAMSEY ) 1' �11 AFFIDAVIT OF SL__ JICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the � day of April, she served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Hong Liang Shanghai Market 1546 Como Avenue St. Paul, MN 55108 Connie Li 1006 County Road D West New Brighton, MN SSll 2 Ms. Camille Schafer Community Organizer District 10 Como Community Council 1224 Lexington Parkway North St. Paul, MN 55103-1000 (which is the last known address of said petson) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1�/�K�/ f �Q„�_ Ju ' Kraus Subscribed and sworn to before me this � ay of April, 2009 � '�(� � � Notary Public e RITA M. 80SSARD 4, �pTARYPUBLIC•MItFESOU � � MYCOMIYOSSION EXPIRES JAN. 31. 20 1 0 1' • 11 F. Cr.�roN � = �TYLER � ��Fw ATTORNEX AT LAW Apri123, 2009 :`�� Rachel Tiemey '�` � L ' ' "` St. Paul City Attorney's Office �� Civil Division �� 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 RE: Shanghai Mazket License ID #19980004009 Dear Ms. Tierney: My office represents Hong Liang. My client admits to committing a Gross Misdemeanor in violation ofMinn. Stat. §297G.19 4(b). However, my client contests the penalty in relation to this violation. I will be sending additional conespondence regarding this issue shortly. If you have any questions, please do not hesitate to contact my office. Very tnxly yours, � ��y► :a R,;.: . - � cc. Hong Liang 230 TnTech Office Cencez 331 Second Ave�ue Soueh M�nneapolis, MN 55401 (612) 333-7309 (612) 333-5919 Fax 1-866-333-7309 Toll Free fctylex@fcryler.com 09-600 F. C�roN 2 ��R DE4�r� ATT� q'j' [,f��J Niay 1 S, 2004 Rachel Tiemey St. Paul City Attorney's Office Civil Division 400 City Ha11 15 W. Kellogg Blvd. St. Paul, MN 55 f 02 RE: Shanghai Mazket License R} #19980004009 Deaz Ms. Tiemey: Please find enclosed a copy of the Memorandum written by SA Steven J. Dzurak regazding his interview with my c[ieni, as well a copy of the transczipt of the interview. We intend to use these documents at the gublic hearing to demonstrate that my c3ient was not intentionally trying to evade taacation. Please contact my office so we can discuss a negotiiated resolutian of tfus case. Very truly yo�ss, F. Clayton Tyler, P.A. F 1 er, Esq. F' cc. Hong Liang ��i�� 230TrITech O�ce Cenrer a� p � 7 331 SecondAvenne $ouch �'� � � �'°��'�§ Minneapolis, MN 55401 G�� M1 k�'�'�"��&� (b12)333-7309 .`� 11� (612) 333-5979 F:ix t-866-333-73tr4 Tolt Fcee fctylecta�bryler.coiu � � . �zr; MTNNESOTA Department of Revenue Criminai investigation Division (b51) 556-ao65 Meyno�anduyn DATE: Augusf 22, 2008 TO: File FROM: SA 5teven J. Dzurak SUBJECT: Hong Liang Interview SA David Johnson and I visited Shanghai Mazket at approx. 1 I:15 a.m. on August 20, 2008. The store is located at t546 Como Avenue in St. Paul, Minnesota 55108. The store was not busy the day we visited it. Before the Interview Started When SA Johnson and I entered the store, we were greeted by Pengqin Teng. The whole time that we were at the store she was behind the cash register. Hong Liang was also in the store. She was receiving training from two women who appeared to be regresentatives of MoneyGrazn. When she saw us, Ms. Liang greeted us. We totd her that we were with the Minnesota Deparhnent of Revenue. Ms. Liang told us that it would be 10 —15 minutes before she coutd talk with us. We toid her that would be fine. While we were waiting for Ms. Liang to finish her iraining, SA Johnson and I looked around the store. Shanghai Mazket seIls mostly Asia foods, but it does have a small selection of household items. It was well-lit, neat and orderly. The rear of the store has a cooler with a small selection of beer. The front of the store has an overhead rack with a small selection of cigareries. The store atso selfs cooking wine (which RTS Robert Tirnmerman teIls me is not subject to ti�e liquor tar). The Interview Ms. Liang became available to talk with us at approx. I 1:45 a.m. Ms. Liang said that the Shanghai Market has two locations, with the other loca#ion being in Hopkins (g. 1). Ms. Liang owns ttte stores v✓ith a partner, Ximei Zhang. Ms. 09-600 Liang makes most of the management decisions and alI of the purchasing decisions �PP. I — 2). Ms. Liang said that the seized liquor was purchased from Flusfiing Liquor Store in Flushing,lQew York. She said that she purchased it there hecause she could not find it here. She goes to New York each yeaz for an insurance physical and purchases liquor and cigarettes that she cannot obtain in Minnesota. She said that she did not know that she needed to pay Tax on those items. She aIso said that she did not know that she had not paid tax on them (pp. 3— 4). She said that the purchases were made ance each year (p. 7). Ms. Liang said that she has a ticense to sell beer and purchases beer through a Mizu�esota distributor (p. 4). Ms. Liang said that she normally buys cigazettes from Amundson's,� which is a licensed Minnesota distributor. She said that she purehased the seized cigazettes in New York because ?,mundson's didn't carry them. She said that she purchases three to five cartons of cigarettes when she is in New York (i.e., once each year). Tf she buys more, they go stale before she can sell them (pp. 5— 7}. Ms. Liang said that she has a license to sell cigarettes (p. 6). The interview ended at apprax. 11:55 a.m. During the interview Ms. Liang was pleasant, cooperative and forthright. She was not evasive. � Amundson's full name is M Amundson Cigar and Candy Co. An equaJ opportuxity employer TDD: (651) 297-Z196 2 of 2 ,1 • � 1, �trn�vESa�ra • �v�� MEMORANDTIM OF INTERVIE W Augusf 20, 20U8 Person Inferviewed: 'Fime & Date of Inferview: Special Agent: CTD Case �: Transcribed by: E?�,� Hong Liang Wednesday, August 28, 20Q8 Special Agent Steve Dzurak Special Agent Dave Johnson 2008-0471 KD SD: Here is my cazd and again my name is Steven Dzurak and this is Dave Johnson and IeYs see. O.K. sq yeah we're at the Shanghai Mazket You, you own two stores? HL: Yeah I do. SD: HL: One in Hopkins also? Yeah one is in Hopkins. SD: O.K. and we're here in the, tha St. PauI store. Dave and I are both with the Deparfinent of Revenue, the Criminal Investigation Aivision and we're interested in the, the inspecfion that occurred about two months ago when, when Robert Timmerman and John Mills were here. HL: Yes. SD: HL: SD: And they found untaxed, you know, tobacco products, untaxed liquor products. LeYs see... Are you the sole owner of the Shanghai MazkeY? What was the question? Are you the owner of ihis, this store? HL: Yes. SD: HL: SD: HL: 0.K. are you the only manager, aze you the person who is in control of this store? We have two persons. O.K. A partner. 1 09-600 MTNNESOTA•REVENUE SD: I'm sorry? HL: I have a parh�er. SD: You have a partner? HL: Yeah. SD: VJhaYs your partner's name? HL: Ximei Zhang. You want me to write down? DJ: Yeah. SD: Sure. HL: The partner. SD: Oh, o.k. How is that pronounced? HL: Ximei Zhang SD: Ximei Zhang? HL: Ximei Zhang. SD: dh, O.K. And are, are yon two the onSy ones who aze in charge of the store then? HL: Oh yeah. SD: O.K. And you make all the management decisions? HL: Usually I'm making a11 the decisions. SD: O.K. HL: She help me. . SD: O.K. HL: Do some work. SD: O.K. do you make all the purchasing decisions then? HL: Yes. � 09-600 MINNESOTA•REVENUE SD: O.K. Let's see I wanted to ask you about the liquor. VTho did you buy the liquor from? I got the, I got... HL: I'II give you the address and the name. SD: O.K. HL: You want it right now? I make you a copy. SD: Sure ifyau could i'd appreciate it. HL: I give you which one, that one is the, where we got the, the... SD: Oh. HL: Got the wine, the liquor. This is the store address. SD: O.K, and iYs in Flushing, New York? HL: The Flushing Liquor Store. SD: O.K. HL: 48237. SD: Now the liquor, is that actualIy wine? Is it, is it, is it a wine or is it? HL: I don't knaw how to ca1] fhat one, this is, usually the Chinese say it kind of the wine. SD: O.K. HL: Because here I can't get it. SD: O.K. HL: I not find it in the store. SD: O.K. HL: Because I come from the New York. DJ: O.K. 3 1' � 11] MINNESOTA•REVENUE HL: So my msvrance in New York I have to go back once a yeaz for health examination. SD: Sure, I see. LeYs see. So you bought the liquor in New York, did you pay any Minnesota tae on it? HL: No I don't know I needed tax paid on it, pay for it. SD: O.K. HL: I think I pay for the ta3c that I already paid. DJ: So you paid the tax in New York is,what you fhought? HL: Yeah I paid everything they check to me. DJ: O.K. SD: O.K. Let's see. Were you awaze that normally to, to buy you know more than a bottle you have to, you need fo 6uy it, you need to pay Minnesota ta�c on it? HL: No I don't know. SD: O.K. HL: I don't know wha# f have to pay for. SD: O.K, Normally eo buy tiquor in that quanfity if you're a stare you need to buy it through a distri6utor, a Minnesota distributor. HL: Yeah tt�ey don't, I ask them, they said they don't have it. SD: I see. HL: Yeah I have the beer Iicense, I just buy the beer from them. SD: O.K. HL: And they don't have that kind, they say thaPs special in tfie Chinese community maybe I can get it. SD: O.K. F3I,: 4 1' .11 MINNESOTA•REVENUE SD: O.K. welI how about the cigazettes did, the cigarettes that they found, did you, did you pay Minnesota fax on cigazettes? HL: No. SD: No you bought, did you buy... HL: I bought them in i�Tew York. 3D: New York also? HL: Yeah. SD: O.K. Did you know that you're supposed fo buy, that a store is supposed to buy cigazettes ihrough a distributor, a Minnesota distributor? HL: I buy the cigazettes from the distributor, but I don't know that one I have to buy, they don't have it. SD: O.K. HL: They don't have it, got it from my coixsin. DJ: The distribufor, the distributor you bought the cigarettes from they were in New York also is that whaf you said? HL: No, no. DJ: Oh they were in Minnesota? HL: Minnesota, yes. DJ: Do yon have the nazne of them? HL: Yeah. SD: Oh Amundson. DJ: Amundson. HL: Yeah I get the cigazettes from them. . SD: Sure o.k. so the, these cigazettes you have here all came from Amundson's? HL: Yes. 5 1• •11 1l4INNESOT'A • REVEIlTTJE SD: O.K. But the Chinese cigazettes were bought in New York? HL: Yeah they don't have SD: O.K., o.k. HL: I said I have a license T have it to sell, that's whaf I was thinking. D7: Yeafi. SD: O.K. O.K. F guess I don't actually have anymore qnesrions for you. Dave do you have any ques6ons? DJ: No, no. SD: O.K. I just, I guess thaYs it. One thing I need to make sure that yau know though is that when you buy cigazettes for sale you realIy are supposed to buy them through a Minnesota distributor. The same with the alcohol, I don't know what to tell.you if you can't find what, you know what you're looking for from, I don't know what to tell you if Minnesota distributors won't cazry it but... HL: Yeah. SD: But you're, when you sell liquor or, or cigaze{tes in a store you'ra only supposed to buy fhem through distributors that aze licensed with the State of Minnesota. HL: That one I don't know so i just think... D3: Maybe... HL: it shouId be o.k. DI: Maybe what you could do is have Amundson's ca11, call that store in New York. HL: Ask them purchase. DJ: Yeah have Amundson's purchase it from the store in New York and then, then you could get it from Amundson's, that might be the way to do that. 5D: Right and then you wouldn't have to go to New York either, you couldjust, Amundson would just sell if to you. D7: When you went to New Yark how many, haw much cigarettes did you buy? HL: Cigarettes is usually I go over there to buy like ah, ah, because they just need a cigazette four or five kinds. CII! • 11 MINNESOT�•REVENUE DT: Four or five cartons? HL: Yeah four or five cartons, tike iYs different cartons. D3: O.K. HL: So not that much. DJ: Sure. � HL: So we.got just got a little bit like three or four, three or four, something like that. DJ: O.K. HL: Because cigarettes yau can't keep longer, keep longer they get.... D3: Yeah. HL: Hard and people they don't want. SD: Right. HL: So I, once a yeaz I to get it, I D7: Sure. SB: Was it the same with the wine, did you buy rhat once a yeaz? HL: Yeah because I have the one that go over there and purchase it, I no switch what I want these don't do anything, I have to buy and bring to the, the, which one they send, the groceries to us. DJ: Mlun. HL: They send to the distribufe Iike a, and they come into that. SD: O.K. HL: Otherwise no one get a bill from me. SD: O.K. HL: They don't deliver, not only for a couple of box, they don't do that. D7: Right. 7 1• �11 MI1�N�SOTA•REVENtiE SD: O.K., o.k. well I guess, I guess that's if on my questions. Thank you very much. HL: Thank you DJ: O.K. thank you. HL: Thank you. D3: It was nice meeting you. SD: HL: So, ifyou have any questions I can call yon? SD: Yeah actualIy iYs better for you, to talk to probably would be... HL: Robert? SD: Robert Zimmerman or, or John Mills. HL: O.K. 3D: But you can talk to us as well. Thank you very mnch. HL: . Sorry. DJ: Have a good day. E3 1' • 11 MINNESOTA STATUTES 2008 297F.20 29�F.20 CRIMINAL PENALTIES. Subdivision 1. Penalries for failure to file or pay. (a) A person or consumer required to file a return, report, or other document with the commissioner who fails to do so is guilty of a misdemeanor. (b) A person or consumer required to pay or to collect and remit a tax under this chapter, who fails to do so when required, is guilty of a misdemeanor. Subd. 2. Penalfies for knowing failure to file or pay. (a) A person or consumer required to file a return, report, oi other document with the commissioner, who knowingly, rather than accidentally, inadvertently, or negligently, fails to file it when required, is guilty of a gross misdemeanoz. (b) A person or consumer required to pay or to collect and remit a tax under this chapter, who knowingly, rather than accidentally, inadvertently, or negligently, fails to file it when required, is guilty of a gross misdemeanor. Subd. 3. False or fraudulent returns; penalties. (a) A person or consumer who files with the commissioner a return, report, or other document, or who maintains or provides invoices subject to review by the commissioner under this chapter, known by the person or consumer to be fraudulent or false concerning a material matter, is guilry of a felony. (b) A person or consumer who knowingly aids or assists in, or advises in the prepazation or presentation of a retum, report, invoice, or other document that is fraudulent or false concerning a material matter, whether or not the falsity or fraud is committed with the knowledge or consent of the person or consumer authorized or required to present the retum, report, invoice, or other document, is guilty of a felony. Subd. 4. Counterfeiting. Any person who makes, alters, forges, or counterfeits a stamp, or who possesses an altered, forged, or counterfeit stamp is guilty of a felony. Subd. 5. Unstamped cigarettes; presumption. (a) Except as provided in pazagraph (b), whenever a package of cigarettes is found in the place of business or in the possession of any person without a proper stamp affixed as required by this chapter, it is presumed that those cigazettes are kept there or held by that person illegally. (b) This presumption does not apply to: (1) cigarettes in the place of business or in the possession of a licensed distributor; (2) cigarettes in the possession of a common carrier or sleeping car company engaged in interstate commerce; Copytight � 2008 by the Revisor of Statutes, State of Minnesota. All Righ[s Reserved. 09-600 MINNESOTA STATUTES 2008 297F.20 (3) cigarettes held in a public warehouse of first destination in this state, in the unbroken, original shipping containers, subject to delivery or shipping instructions from the manufacturer or a distributor; (4) cigarettes in the possession of a person other than a dishibutor in quantities of 200 cigarettes or 1ess, when those cigazettes have had the individual packages or seals broken, and when they aze intended for personal use and not to be sold or offered for sale; (5) cigazettes sold under circumstances in which the tax cannot legally be imposed because of the laws or Constitution of the United States. Subd. 6. Unstamped cigarettes; untased tobacco products. (a) A person, other than a licensed distributor or a consumer, who possesses, receives, or transports fewer than 5,000 unstamped cigarettes, or up to $350 worth of unta�ced tobacco products is guilty of a misdemeanor. (b) A person, ottaer than a licensed distributor or a consumer, who possesses, receives, or transports 5,000 or more, but fewer than 20,001 unstamped cigazettes, or more than $350 but less than $1,400 worfh of untaxed tobacco products is guilty of a gross misdemeanor. (c) A person, other than a licensed distributor or a consumer, who possesses, receives, or transports more than 20,000 unstamped cigarettes, or $1,400 or more worth of untaxed tobacco products is guilty of a felony. (d) For purposes of this subdivision, an individual in possession of moze than 4,999 unstamped cigarettes, or more than $350 worth of untaxed tobacco products, is presumed not to be a consumer. Subd. 7. Sale of cigarette packages with Indian stamp. (a) A retailer doing business off of an Indian reservation who sells or offers to sell more than 200 but fewer than 5,000 cigarettes with Indian stamps is guilty of a misdemeanor. (b) A retailer doing business off of an Indian reservation who sells or offers to sell 5,000 or more, but fewer than 20,001 cigarettes with Indian stamps is guilty of a gross misdemeanor. (c) A retailer doing business off of an Indian reservation who sells or offers to sell more than 20,000 cigarettes with Indian stamps is guilty of a felony. Subd. 8. Sales after Gcense revocafion. A person selling cigarettes or tobacco products a8er the person's license has been revoked is guilty of a felony. Subd. 9. Purchases from unlicensed sellers. (a) No retailer or subjobber shall purchase cigazettes or tobacco products from any person who is not licensed under section 297F.03 as a licensed distributor or subjobber. Copyright � 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1' • 11 MINNESOTA STATUTES 2008 297F.20 (b) A retailer or subjobber who purchases from an unlicensed seller fewer than 5,000 cigazettes or up to $350 wor[h of tobacco products is guilty of a misdemeanor. (c) A retailer or subjobber who purchases from an unlicensed seller 5,000 or more, but fewer than 20,001 cigazettes or more than $350 but less than $1,400 worth of tobacco products is guilty of a gross misdemeanor. (d) A retailer or subjobber who purchases from an unlicensed seller more than 20,000 cigazettes or $1,400 or more worth of tobacco products is guilty of a felony. Subd. 10. Penalties are addifional. Criminal penalties imposed by this secrion aze in addition to any civil penalties imposed by this chapter. Subd. 11. Statute of limitations. Notwithstanding section 628.26, or any other provision of the criminal laws of this state, an indictment may be found and filed, or a complaint filed, upon a criminal offense named in this section, in the proper court within six yeazs afrer the offense is committed. Subd. 12. Other penalfies. A violation of this chapter unless otherwise specified is a misdemeanor. History: 1997 c 106 art 1 s 20; 1 Sp2001 c S art 11 s 6; 2003 c 127 art 7 s �-Il Copyright � 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1' • 11 MINNESOTA STATUTES 2608 297G19 297G.19 CRIMINAL PENALTIES. Subdivision 1. Penalties for failure to file or pay. (a) A person required to file a retum, report, or other document with the commissioner who fails to do so is guitty of a misdemeanor. (b) A person required to pay or to collect and remit a tax under this chapter, who fails to do so when required, is guilty of a misdemeanor. Subd. 2. Penalties for knowing failure to file or pay. (a) A person required to file a retutn, report, or other document with the commissioner, who knowingly, rather than accidentally, inadvertently, or negligently, fails to file it when required, is guilty of a gross misdemeanor. (b) A person required to pay or to collect and remit a tax under this chapter, who knowingly, rather than accidentally, inadvertently, or negligently, fails to file it when required, is guilty of a gross misdemeanor. Subd. 3. False or fraudulent returns; penalties. (a) A person who files with the commissioner a rehun, report, or other document, known by the person to be fraudulent or false conceming a material matter, is guilty of a felony. (b) A person who knowingly aids or assists in, or advises in the preparation or presentation of a return, report, or other document that is fraudulent or false concerning a material matter, whether or not the falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the return, report, or other document, is guilty of a felony. Subd. 4. Importation from another state. (a) A person entering Minnesota from another state who imports or possesses more than one liter, but fewer than 25 liters of untaxed intoxicating liquor, or more than 288 ounces (nine quarts), but fewer than 6,800 ounces (225 quarts) of untaxed fermented mait beverages is guilty of a misdemeanor. (b) A person entering Minnesota from another state who imports or possesses 25 liters or more, but fewer than 225 liters of untased intoxicating liquor, or 6,800 ounces (225 quarts) or more, but fewer than 34,000 ounces (1,225 quarts) of untaxed fermented malt beverages is guilty of a gross misdemeanor. (c) A person entering Minnesota from another state who imports or possesses 225 liters or more of untaxed intoxicating liquor, or 34,000 ounces (1,225 quarts) or more of untaxed fermented malt beverages is guilty of a felony. Subd. 5. Importation from a foreign country. (a) A person entering Minnesota from a foreign country who imports or possesses more than four liters, but fewer than 100 liters of untaxed intoxicating liquor, or more than 320 ounces (ten quarts), but fewer than 8,000 ounces (250 quarts) of untased fermented malt beverages is guilty of a misdemeanor. Copyright � 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7• .11 MINNESOTA STATUTES 2008 297G.19 (b) A person entering Minnesota from a foreign country who imports or possesses 100 liters or more, but fewer than SOO liters of untaxed intoxicating liquor, or 8,000 ounces (250 quarts) or more, but fewer than 40,000 ounces (1,250 quarts) of untaxed fermented malt beverages is guilty of a gross misdemeanor. (c) A person entering Minnesota from a foreign country who imports or possesses 500 liters or more of untased intoxicating liquor, or 40,000 ounces (1,250 quarts) or more of untaxed fermented malt beverages is guilty of a felony. Subd. 6. Penalties are additional. Criminal penalties imposed by this section are in addition to any civil penalties imposed by this chapter. 5ubd. 7. Other penalties. Any violation of this chapter unless otherwise specified is a misdemeanor. Subd. 8. Statute of limitarions. Notwithstanding section 628.26, or any other provision of the criminal laws of this state, an indictrnent may be found and filed, or a complaint filed, upon a criminal offense named in this section, in the proper court within six years after the offense is committed. History: 1997 c 179 art 1 s 19 Copyright � 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Chapter 409. Intoxicating Liquor* 09-600 page 1 of 4 Sec. 409.26. Intoxicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of {icense suspensions and the propriety of revocations, and shafl apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicatis�g liquor under Chapter 410. Tfiese penaities are presumed to be appropriate fior every case; however the councii 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 written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shal{ be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): TABLEINSET: Type of Violation Commission of a felony (1) related to the licensed activity. Sale of alcohol beverages (2) while license is under I Sale of alcoholic (3) beveragesto underage � Sale of alcoholic beverage to intoxicated person. � After hours sale of alcoholic beverages. After hours display or (6) consumption of alcoholic beverage. Refusal to allow city �� inspectors or police admission to inspect (8) � (10) Illegal gambling on premises. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage. Failure to make application for license renewal prior to license expiration date. Sale of intoxicating liquor (11) where only license is for 1 st Revocation Revocation Fine Fine Fine Fine 5 Fine Fine Fine Fine Appearance 2nd 3rd NA NA NA NA Fine Up to 18 Fine Up to 18 6 18 4 12 15 Revocation 6 18 4 12 6 18 6 18 http://librazy4.municode.com/4472/DocView/1006 1/1/3 1 7/405?hilite=409 26; 4th NA NA Revocation Revocation Revocation Revocation NA Revocation Revocation Revocation Revocation 4/14/2009 Chapter 409. Intoxicating Liquor�` 09-600 page 2 of 4 Faifure to comply with (12) statutory, and ordinance requirements for liability insurance. �� `Revocation I NA NA For those violations which occur in on-sale inioxicating liquor establishments listed above in number5 (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule. For those violations which occur in on-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 sha�l be doubled. Seating capacity 0--149 . . . $ 500.06 Seating capacity 150 and over ... 1,000.00 For those vioiations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and {11), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the foliowing schedule, based on the square tootage 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 noi 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,Q��.00 A licensee who would be making a first appearance before the council may elect to pay the fine to the department of safety 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 penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entit�ed, 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 councii, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the �otices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The councii in that case shall consider the presumptive penalty for each such violation under the "1 st Appearance" column in paragraph (b) above. The occurrence of multiple vio{ations shalf be grounds for departure from such penalties in the councii's discretion. 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 licensee admits to the facts, and shall in that case be treated as though part of the "1st Appearance." in all other cases, viofations 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. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shail impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (e) Computation of time: http://library4.municode.com/4472/DocView/1 006 1 /1 /3 1 7/405?hilite=409 26; 4/14/2009 Chapter 409. Intoxicating Liquor* 09-600 page 3 of 4 (1) If a licensee appears before the council for any violation in paragraph (b) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (b) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a licensee has appeared before the council on two (2) previous occasions, both for violations listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in said paragraph (b), and if the current violation occurred within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violation listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) cafendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (i), (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 twelve (12), eighteen (18), or thirty (30) 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. (f) Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. in determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to foliow in the future responsible business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a. Encourage persons not to become intoxicated if they consume alcoholic beverages on the defendanYs premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employees or agents; e. Estabtish promotions and marketing efforts that publicize responsible business practices to the defendanYs customers and community; f. Impiement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendanYs business; http://librazy4.municode.com/4472/DocView/10061/i/317/405?hilite=409 26; 4/14/2009 Chapter 409. Intoxicating Liquor* 09-600 Page 4 of 4 h. Establish a standardized method for hiring qualified empioyees; i. Reprimand employees who violate employer policies and procedures; and j. Show that the licensee has enrolled in recognized courses providing training to self and one (1) or more emp�oyees of the licensed establishment in regard to standards for responsible liquor service. (2) For the purposes of service to minors, evidence ot responsible business practices may include, but is not limited to, those listed in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as estabiished by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. Comprehensive training of employees who are responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing train+ng to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Ord. No. 17675, § 1, 8-22-89; Ord. No. 17694, § 2, 11-7-89; Ord. No. 17756, § 1, 8-7-90; Ord. No. 17924, §§ 2, 3, 5-7-92; C.F. No. 92-1929, § 1, 2-9-93; C.F. No. 97-1445, § 1, 12-30-97; C.F. No. 98-866, § 1, 11-4-98; C.F. No. 07-149, § 161, 3- 28-�7) http://library4.municode.com/4472/DocView/1 006 1 /1 /3 1 7/405?hilite=409 26; 4/14/2009 Chapter 310. Uniform License Procedures 09-600 page 1 of 3 Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions. (a) Council may take adverse action. The council is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse actions against entertainment licenses issued under chapter 411 of the Legisiative Code may be initiated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are communicated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 310.05; provided, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) easis for action. Such adverse action may be based on one (1) or more of the following reasons, which are in addition 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 the 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 regulations. (4) The Iicense 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 compiy 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 conduct may by law 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 licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; b. The licensee or applicant has been convicted of a crime that may disqualify said applicant from hofding 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 reiated to the licensed activity or from which an inference of lack of 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 pubiic health, safety or welfare, or the licensee performs 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 unreasonably annoy, injure or endanger the safety, heaith, morals, comfort or repose of any considerable number of inembers of the public. (9) Faifure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under chapter 114 of the Saint Paul Legislative Code. (10) The ticensee or applicant has shown by past misconduct or unfair acts or deafings: http://library4.municode.com/4472/DocView/1 006 1/1 /3 1 7/3 1 8?hilite=31005; 4/14/2009 Chapter 310. Uniform License Procedures 09-600 page 2 of 3 physical abuse, assaults or violent actions 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; sexual abuse, physical abuse or maltreatment of a child as defined in Minnesota Statutes section 626.556, subdivisions 2 and 10e, including, but not Iimited to, acts which constitute a violation of Minnesota Statutes sections 609.02, subdivision �0; 609.321 through 609.3451; or 617.246; neglect or endangerment of a child as defined in Minnesota 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 controlled substance as defined in Minnesota Statutes chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohoi or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior approvai of Yhe city council in the case of Class N licenses, the director in the case of Class T licenses, and the inspector in the case of Class R licenses, or without first having obtained the proper buiiding permits from the city. (12) The licensee or applicant has violated section 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as provided in section 310.05(c-2) of the Legisiative Code. (13) The licensee violated the law or any license condition and that violation is related to a death or great bodily harm, as defined 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 must pay any outstanding fees and delinquent fees in total. Failure to do so within sixty (60) days of the due date may result in revocation of the license. A revocation for this reason, however, is not considered a revocation resulting from misconduct or unfitness of the licensee, evidence of violations of law invoiving {icensed premises, evidence that the applicant had been involved in the operation of a nuisance, or fraud or deception in the license application. Therefore, the requirement of § 310.02(d) prohibiting re-application within one year of revocation shall not appiy to revocations under this paragraph. 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 than five (5) percent of the stock of a corporation, as a partner, or otherwise, in the premises or in the business or activity which are ficensed or proposed to be licensed. With respect to any �icense for activities entitled to the protection of the First Amendment, notwithstanding the foregoing provisions, neither the fack of good morai character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or appiication. (c) lmposition of reasonable conditions and/or restriciions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chapters, any one (1) or more such reasonable conditions and/or restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peaceful enjoyment of urban Iife, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are noi limited to: (1) A limitation on the hours of operation of the licensed business or estabiishment, or http://librazy4.municode.com/4472/DocView/10061/1/317/318?hilite=310 O5; 4/14/2009 Chapter 310. Uniform License Procedures 09-600 Page 3 of 3 on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establishment where particular type of activities may be conducted; (3) A Iimitation 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 licensed business or establishment to ensure that the business or establishment wilf fiarmonize 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 action against the license or licenses; the inspector has the same power with respect to Ciass T licenses. The council may impose such conditions on Class N licenses with the consent of the license hoider, or upon any class of license as an adverse action against the license or licenses following notice and hearing as may be required. Such conditions may be imposed on a license or ficenses upon issuance or renewaf 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 licenses when renewed and shall continue thereafter until 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) Standards for multiple license determination. In any case in which the councif is authorized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the council to exist upon which the adverse action would be based; (2) The policy and/or regulatory goals for the particular licenses involved, either as embodied in the Legislative Code or as found and determined by the council; (3) The interrelatio�ship of the licenses and their relative importance to the overall business enterprise of the licensee or 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 fess than all of the licenses or applications would result in difficulty in enforcing 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 applications; and (7) The hardship andlor danger to the public, or to the public health and weifare, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 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. 99-500, § 3, 7-7-99; C.F. No. 06-954, § 2, 11-8-06; C.F. No. 06-1072, § 2, 12-27-06) http://library4.municode.com/4472/DocView/1 006 1/1 /3 1 7/3 1 8?hilite=31005; 4/14/2009