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09-898Amended 8/19I09 Council FYIe #-�� Green Sheet # ,� c 1Q RESOLUTION OF Presented PAUL, MtNNESOTA �/ 1 WF�REAS, adverse action was taken against all licenses held by JC & MTM, Inc. d/bta 7ohnny 2 Baby's (License ID#2004��00766) for the premises located at 981 University Avenue West in Saint Paul 3 by Notice of Violation dated June 17, 2009, alleging that on May 14, 2009, the licensee failed an alcohoi 4 compliance check performed by Saint Paul Police by serving alcohol to an underage person in violation of 5 Minn. Stat_ §34QA.503, Subd. 2; and 6 7 WI�EREAS, per Saint Paui I.egislative Code §409.26(b) (3), the licensing office recommended a S $500.00 matrix penalry; and 9 10 WHEREAS, licensee did respond to the Notice of Violation to request a public heazing which was 11 held on August 19, 2009; and now, therefore, be it 12 fine of $250.00 13 RE50LVED, that IC & MTM, Inc. dJbla Johnny Baby's is hereby ordered to pay a *n�rr;�^�.,.. �. :r 14 -e€-$3Q8;AA�for serving alcohol to an underage person in violation of Minn. Stat. §340A.503, Subd. 2. 15 Payment of sucb penalty sball be made within thirty days of the date of the adoption of ttus resolution. 16 17 This resolution, and action taken above, is based upon facts contained in the June 17, 2009, Notic,� 18 of Violation sent to the licensee and the arguments made at the public hearing on August 19, 2009. Bostrom carter Stark Thune Adopted by Council: Date Reguested by Department of: � r�J a �; a-riQ ` ,��„s BY� P"'f f Form Approved by City Attorney �Y� �l'��C �i4 Adoption Certified by Counc'1 Secretary Form Approved by Mayor for Submission to Council BY� �///'9 By: ,�� .�p a o n,. Approv d a o. Date � Z.g By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet )epartrneMlOffice(Councii: Date Initiated: � � �� S� _Dept.ofSafety&�nspections I 02-JUL-09 I Green Sheet NO 3072��2 Cortact Person & Phone: Rachel TiemeY 266-8710 Must Be on Council Agenda by (D 19-AUG-09 � �1� � � � A P H Doc. Type: �SOLUTION E-DocumentRequired: Y Document Contack �ulie Kreus Conpct Phone: 266-8776 �► ° 1 Assign 2 Number 3 For Routing I 4 Order , g Total # of Signature Pages _(Clip All Locations for Signature) De a� �----, I Ma orfAssistant � Ci� C� � Approval of the attached resolurion to take adverse ac6on against all licenses held by JC & MTM, Inc. d1b/a Johnny Baby's (License ID#20040000766) foz ffie premises located at 981 University Avenue West 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 persorJfittn everworked under a contract for ihis department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this pewon�rm possess a skill not nortnaly possessed by arry current city employee? Yes No Expiain afi yes answers on ssparate sheet and attach to green sheet. lnitiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On May 14, 2009, the licensee failed an alcohol compliance check performed by Saint Paul Police Department by serving alcohol to an underage person in violation of Minn. Stat. Section 304A.503, Subd. 2. Aftei notificalton, licensee requesYed a public hearing. Advantages If Approved: Imposition of $500.00 matrix penalty. Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Transaction: Fundtag Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number. July 2, 2009 3:55 PM Page 1 1' :': SAfNT PAUL � AAAA CITY OF SAfNT PAUL ChdstopherB. Co/eman, Mayor OFFICE OF THE CITY ATTORNEY John Chai, CityABomey Telephone: 657 266-87f0 Facsimile: 651 298-5619 July 7, 2009 Civil Division 40o City Half 75 West Kellogg Blvd. Sain! Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Jonath Price Johnny Baby's 981 University Avenue West St. Paul, MN 55104 RE: All licenses held by JC & MTM Inc., d/b/a Johnny Baby's far the premises located at 981 University Avenue West in Saint Paul License ID #:200400�0766 Dear Mr. Price: Please take nolice that this matter has been set on the Public Hearing Agenda foc the City Council meeting scheduled for Wednesday, August 19, 2009, at 5:30 p.m., in the City Counci] Chambers, Third Floor, Saint Pau] City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which wil3 be presented to the Ciry Council for their considerafion. This is an uncontested matter conceming the fact that on May 14, 2009, you failed a alcohol compliance check performed by Saint Paul Police by serving alcohol to an underage person in violation of Minn. S[at. §340A.503, Subd 2. This matter has been placed on the public hearing agenda portion of the City Counci] meeting during which public discussaon is allowed. Per Saint Paul Legislarive Code §4Q9.26 (b) (3), the ]icensing office will recommend a $So0.00 matrix penalty. If there is anv information You would like Citv Council to review nrior tA the oublic hearin I will need to receive it no later than Fndav. Auenst 7, 2009. Very truly yours, � ��WWiA/� ' �-e�' �� Rachel Tiemay � Assistant City Attomey cc: Chrispne Rozek, Deputy Airector of DSI �/jVIary Erickson, Council Secretary Jonath Price, 2575 Ivy Avenue, Unit #314, Maplewood, MN 55119 Tait Danielson Castillo, Exec. DirecYOr, Thomas-DalelDistrict 7 Planning Council 533 North Aale Street, St. Paul, M1V 55103 AA-ADA-EEO Employer I' :�: UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Johnny Baby's 981 University Avenue St. Paul, MN 55104 Wednesday, August 19, 2009@ 5:30 p.m. Violation: Licensee failed a alcohol compliance check Qerformed by Saint Paul Police by serving alcohol to an underage person in violation of Minn. Stat, §340A.503, Subd 2. Date of Violation: May 14, 2009 Recommendation of Assistant City Attorney on behalf of ciient, Department of Safety and Inspections: $500.00 matrix penalty Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 5/2U09 3. Original Offense/Incident Report dated 5/14l09 4. Notice of Violation and Af�davit of Service dated 6l17l09 5. Fased letter from licensee requesting a public hearing dated 6/29/09 6. Minn. 5tat. §340A.503, Subd. 2 7. Saint Paul Legislative Code §409.26 (b) (3) License Group Comments Text Licensee: JC & MTM {NC DBA: dOHNNY 6ABY'S License #; 20040000766 I' :': OSl2i12004 05f2112009 To CAO for adverse action. CAR 051'15/2009 Faiied afcohoi compiiance check conducted by SPPD. Counts as first violation after waming. 5500 matrix penalty. CAR OS/07/2008 State 2 AM application (with State fee payment) given to Laura Benton to send W State. Laura to approve when confirma6on received from State. JVJF 05/06f2006 Sent letter passing liquor compliance check done by SPPD. ml 05/0U2D08 Apptication submitted to add Liq. On Sale - 2AM closing license. JWF 7/30/08 In comp. with conditions KS �9l�4l2007 Sent congratulatfons letter for passing liquor compliance check. SLH 0872272007 Passetl liquor compliance check wnducted by SPPD. SlN 4125707Surv sys is out of order hope to be fxed by 4/30/07 01/23/2007 2006-7% Liquor Discount applied to fuli paid fee $3�8.�Q refund due. LAB 01121l2007 Notification send that there is no 2AM closing license. Letter in address file. CAR 11l1612006 Alcohol awareness traimng taken '11t1 �J2006 MED 70/OA/2008 Warnin9 Letter Sent MED 09/18/2006 CN06194596 Failed alcohoi compiiance check conducted by SPPD. First failure - Waming letter to be sent. Must complete alcohol awareness traming by 11J15f2006. CAR 04110/2006 No smokmg signs posted. PF 03/t7/2006 Delivered no smoking Ietter & signs to owner. PF 0 511 0/2 0 0 5 Mailed state 2AM license. tA6 11/02/2004 2004-7°/a Liquor Diswunt applied to 2nd half. LAB 1Df21l2004 signed modified conditions received. cat 10/15l2004 Per approvai by Tait Dameison (District 7) and by direction from CAR - ok to change 6cense condition #3. Condition #3 changed from "The license holder will employ properly trained sewrity personnel who will be on duty Saturday through Thursday from 8�00 PM to closing and Friday 5 00 PM to closing" to "The license holder will employ property trained secunty personnel who wiii be on duty seven (7} days a week from SPM to Glosing "(reasoo for change of condition per TaiY To improve the profdabdity of the busmess, whife maintainmg a safe atmosphere and to be fair to the owners of Johnny Baby's, businesses that share parking shouid have conditlons on their license that reqwre daily trash cleanup. CAR/cat OS/12/2004 Adoptetl ResoNtion - 04-514 - Approving the app6cation with conditions, per the Legislative Hearing Officer, for Gambling Locahoq Liquor On Sale-100 Seats or less (C), Liquor On Sale 2 AM Closing, Liquor On Sale-Sunday, Restaurant (B)-More than 12 Seats Licenses by JC&MTM, loc dba Herges, 981 Universtly Avenue West. 03/03/2004 Notifications sent, Response tlate 04/23/2004; 86M and 31EM.G6 I� :': J�ddress Lice�see � Contaet � License � Cardhotder � Licensee �lame: C & MTM INC DBR: JOHNNY BABY'S Sales Tax !d: �� 'tstd �Sata �JK Cancel New Seerc}i Heip �:' �_ _. . -- -_..:__. _._ ._.__,---- . _.._ _.____._._.. _ . _ . .. _ �. . 15719 ;JC & MTM INC JOHNNY BABY'S ;Alarm Permit (hJew) _.;.�. _. � _.___.._._ _...._._ - ___ _ . � __._.._ _. __ _._ __. _ � ;JC 8 MTM INC ,JOHNNY BABY`S ?Liquor On Sale - 1 D1-1 SO Seats __... __ __.. _ .._._... - .. ;Liquor On Sale - 2 AM Ciosinq ILiquor 4n Sale - Sunday lRestaurarrt (4) - 51-16� Seats ; - _ liquor On Sale - 5unday iLiqu4r On Sale -101-180 Seats ftestaurarrt (4) - 51-1 SO Seats � �Liquor On Safe - 2 AM Ciosing Gambfing Location Active All f Active Pending Ren "Ap A+ Pendmg Ren ;ApK Active Pending f en xAp Active Pending Ren ,'Ap Actiue Pending Ren `Ap Active Pending Ren 'Ap Active Pending Ren �Ap Actiwe Pending Ren .ApK Active Pending Ren `Ap _ ,. . Liquor Qn Sale -100 seats or less Canceled �3M iLiquar On Sale - 2 AM Clasing ;Canceled '01( Liquor On Sale -100 seats or lass Canceled 03M Rastaurarrt (B) - more than 12 seats Canceled 03l1 95719 :JC � MTM INC JOHNNY B�BY'S False �.farms _._,-.._.. ..__._._ ___,_._ ....,___._ ..... .. 0 =JC & MTM INC JOHNNY BABY'S ;False Alarms 9 5719 '.!JC & MTM INC JOHNNY BABY'S Faise Aiarms 0 JC & MTM iNC JOHNNY BABY'S False Alarms Complete Lice Complete Lice _._.... . .._.. .._._..... ._._. ..._ .._._._ CQmplete _ ;Ll�E _ _ _.__. _ ... .. _ .. _. __. . . _.. .. _., _ . Gomplete ;Lice hSe+n� Group : Ri�rv Tertna Grp, , CapY i�t"nup..�� ,ttdd LrcEtyse...�� Braperti�s,_.� I' :': License � C+ Property SYreet #: Street Name: SYreet Type: Unik Ind: Citq: State: V�Jard: Dist Council: Licensee: DBA: Sales Tax Licensee � Lic. Types � Insura�ce � Bond � Requiremer�ts � �' Licensee �` Unofficial Project Facilitatnr: ASUNCION, CORINNE � AVE PAUL 8� MTM INC Adverse Aetion Commerrts 3M 3t20�8 CF #07-967 - Change in iicense type from estaurarrt-0 to Restaurarrt-4. LA6 Direction: � 3M 3l2008 CF #07-967 - Change in license type from Unit#: �� -�_o_ �icense Graup Comments: �� $�,� �� SC21 f2Q09 To CAO for adverse action. CAR �� 5115rZ009 Failed a�cohol campliance check conducted 8rows�e y SPPD. Counts as first viofation after warning. $500 atrix penatty. CAR 5A77IZ008 3tate_Z AM appfication (with.State fee.. Licensee 9M 4J2004 rcvd officerlsharehalder info y�g Com�ner�ts: erification affidavit. °° """ 1f27t2��4 LIEP received vwritten notice from Bus Phone: v 6$1) 646-9283� irae.n-rne �......f non ..�...._.....__ �,_____ �__ False Aiarms Liquar Qn Sale - 2 AM Closing Faise ,4larms Li�en�e z� R h� R nNv�-M 09 N1 tZ009 ' 12t31 i'2009 OSfZ8f1�04 p5�23/2007 ai;�� r�oos � zr�� naos Changes to History N $0.00 �V,�, N $0 AD N $0.00 , :`vt i {' ; G^�nce{ � Fi�ip I' �': License Licensee � Lic. Types � Insurance �. Bond � Requiremerrts � Licensee Name: DBA: Sales Tax Id; AA Comract Rec'd: AA Fee Coilected: & MTM INC iNNY BABY'S ?9792 Nnn-Profit: � dVOrker's Comp: SC1812009 �7010000 AA 7raining Rec'd: O�OillD00 'OO100D0 Discou� Rec'd: � Other Licensing Agencp Name ! License Type License # Expiration SYate of Minnesota 1 Optional 2RM Ciosing Lice17409 `DSN9l2D1 D - --w w .._.--_ . _.____ . ._____ ___....,--- Ramsey Cnur�ty ! Smoke-Free Restaurant (Bar;Ber �6C30i20�6 �htaCti+t� & MTM INC Mail License To: --- �' �� Mai{ To CnMact ��(651) 6�6-9: t"` License Addres; 03N3CL004 =04t24C2��9 ,PRICE JQHATHAN MPRESIDENT / S (}- Mail invoice i'o: — Q31Q3t2004 DONON00� ;PPoCE CYNTHIA AN( TREASURER f;(651) 578-2� €� Mail To Corhact ,2"'�i, n �;:sf' r��M µ � �'" � �� R�� '�"�'Z License Addres: � �_ Backgraund Check Required � �t�rct.F�rtij3erF�es:::. � dr�+ Properties... Financial Hofd Reasons Reason Rciive Date Lie+ei�s� #3 �7qp0007S6 Sawe Chanc�es to History � �, . �� 09-898 Saint Paul Po{ice Departmer P age '°f � ORIGINAL OFFENSE / INCIDENT REPORT Compiaint Number Reference CN Date and Time of Report 09094531 05l15/2009 10:01:00 Primary offense � LIQUOR LAW-FURNISHING LIQUOR TO A M1NOR Primary Reporting O�cer SChOef1, D8v1d A Name of focation/busines5. Pnmarysquad' Locabon 9$1 UNIVERSITYAVW Secondary reporting o�cer.� ST PAUL, MN 55104 Approvec SCho@n, DaVld D�stnct yt/estern Date & time of occunence: 05/14f2009 1333:00 fo Site' 05/14/2009 13:33:00 A��est made. Secondary o Police O�cerAssaulted or lnjured.� Police Oycer Ass�sted Surcide: Crime Scene Processed. OFFENSE DETAILS LIQUOR LAW-FURNISHING LIQUOR TO A MiNOR Attempt ONy. Appears fo be Gang Re/ated. NAMES Suspect Beecham, Mark Maurice 790 MARSHALL AV KNOWN ST PAUL, MN 551�4 Nicknames or Al iases Nick Name. Alias: AKA First Name: Det ail s sex. Male Ph o n es Home: Work' Employment Occupason: gARTENDER Race. BI2Ck Hispanic. Ce1P Fax AKA Last Name. Doe g/23l1953 Age� 55 from to Contact: Pager: Employer. Resident Status SP95ADE5C260D3D Saint Paul Police Departmer 09-898 Page 2 of 3 ORIGINAL OFFENSE / iNCIDENT REPORT Complaint Number Reference CN Date and Time of Report 09094531 Pnmary offense. LiQUOR LAW-FURNISHING LIQUOR TO A MINOR 05/15/2009 10:01;00 /tlentiFcation SSN. Cicense or !D#: License State� Physical Desc�iption US: Metric: Neight. to Weight: to Teeth. Offender/nfolmation Anested DUI: CondiGbn' Build: Skin. Eye Coior Pursuit engaged� Resrstance encountered.� Taken to health ca2 facility; Hai� length: Facia/ Haic 8/ood 7ype: Violated Restraining Order; Medical release obtained: Hair Color Hair Type: SOLVABILITY FACTORS Suspecf can be ldentified. PFrotos Taken. Evidence Tumed In, Related IncidenY Lab Biologica! Ana/ysis: Narootic Analysis Lab Comments: Fingerpnnts Taken: Items Frngerprinted: Participants: Person Type: Name: Address: Phone: Suspect Beecham, Mark Maurice 790 MARSHALL AV ST PAUL, MN 55104 NARRATIVE I, Sgt. Dave Schoen, am assigned to the Vice Unit. On this date Sgt. Simmons and I conducted a series of alcohol compliance checks. We used checker # 11 with a date of birth of �2(O8l89. Checker #11 has a MN DL which clearly states "under 21" above the picture. This checker has worked for us in the past and was trained to be honest, courteous, and never attempt to deceive a bartender or waitress while doing these checks. The checker had a transmitting device on his person so we could monitor his conversations. On 5-14-�9, at approx. 1333 hrs., we went to Johnny Baby's bar, 981 W. University. Checker #11 entered the bar and requested a Mifier Lite beer. The bartender asked for his ID, looked at it and served him the beer. Sgt. Simmons and I entered the bar, there was one other customer in the bar besides our checker. We identifiied By: Sto�en Property Traceable: Property Tumed in � SP9540E5C26oD3D Saint Paul Police Departmer 09-898 Page 3 of 3 ORtGINAL OFFENSE i INCIDENT REPORT Complaint Number Raference CN Date and Time of Report 09094531 Pnmary oftense. LiQUOR LAW-FURNISHING LIQUOR TO A MINOR 05/1512009 10:01:00 ourseives as police officers to the bartender, whom was identified via his pictured MN DL as: Mark Maurice Beecham, 09l23l53. ! asked Mark if he checked the iD of the customer he had just served. Mark stated he did check the ID and again looked at it. Mark immediately became angry and said "1 just lost my fuckin job". I pointed out the "under 21" above the picture, he said he looked at the date of birth and thought he was old enough. Mark hesitantly returned our previously recorded $20.00 bill, I returned the change from the 20, the beer, and gave him my business card. Sgt. Simmons photographed Mark and the beer. PUBLlC NARRATIVE Alcohol Compliance violation. SP954DE5C260D3D 1' :' : �roUOx co�Lrah�c� c�cx s��T , - . �� .��1�M o� � 1��3 �� -�� EST4�I�.�HI`�-NT �OHNNY BABY'S ��Tl'- � (a� 981 UNIVERSITY A.VE W �� A.I3T.1�SS � ST PAU! , MN 55'104-4705 ��` Q'�� V C/� �2(1 � J �171 �"'1'OI1�� c� ex�.x � I � nos a�� V� c�c�R r� ��B F�'HA.T F}ID THEY T1ZY TO PU�2CHASE? ��I � t' L,��'�- . •�, ,�; { 7 • � �- • -: , �:��- "-:� ��_,_;�,.,_ _. ' �Ct..��"� �• 1 C7' : � ► " � _ l � : ��eC �f � Q- � \ � Z� �'g�h�: �4'QRK � � g�NfN'+ � � C�TH�.R l a PIC'3'CR� T Y�S� � IDEh'TLFICA Tdd:M1' TYP� �--C� �� 1_4IA2tiACss�R L�ST ?e'�� FLRST �DLE� ➢AT� t3F �RTH -- AD�JRES� �--- �Ty STAZ'�= ��oh�: wo� ( ) �o� { ) o2�R ( ) �m � � �- �� Ta i� :�: SwINT PAOL � AAAA CITY OF SAfNT PAUL Ch»stopher B. Coleman, Maya OFFICE OF THE CITY ATTORNEY John J. Choi, CityABOmey Te/ephone: 651266-8770 Facsimife: 657 298-5679 Jane 17, 2009 Civil Division 400 City Hall 15 West Kellogg B/vd. Sainf Pau/, Minnesota 55102 NOTICE OF VIOLAITON Owner(Manager Johnny Baby's 98l University Avenue West St. Paul, MN 55104 RE: All licenses held by JC & MTM Inc., d/b/a Johnny Baby's for the premises located at 981 University Avenue West in Saint Pau] License ID #: 20�40000766 Dear SirlMadam: The Department of Safety and Inspections (DSn will recommend adverse action against the aU licenses held by JC & MTM Inc., d1bla Johnny Baby's for the premises located at 981 University Avenue West in 5aint PauL The basis for the recommendation is as foliows: On May 14, 2009, at approximately 1:30 p.m. St. Paul Police conducted an alcohol compliance check at your establishment (CN #09-Q94-531). The police checker went into your establishment with his "UNDER 21" iden�cation card and requested a Miller Lite Beer. The bartender asked for his identification, looked at it and served him the beer. When police entered the bar, they identified themselves and asked the bartender if he checked the identitication of the customer he just served. He stated that he did check his identification and looked at it again. Police then pointed out the "UNDER 21" above the picture, and the bartender said he looked at the date of birth and thought he was old enough. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503 Subd. 2 and Saint Paul Legislative Code §r�09.26 (b) (3). Since this is the �rst violation for the sale of alcohol to an underage person after a warning,the ticensing office will recommend a$500.00 matrix penalty. �� . Johnny Baby's June 17, 2009 Page 2 At this time, you have three options on how to proceed: You can pay the recommended $500.0� matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, June 29, 2009. Infonmation should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty will be considered to be a waiver of the heazing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may have a pubiic heazing before the Saint Paul Caty Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, June 29, 2009. The matter will then be scheduled before the City Counci] for a public hearing to determine whether to impose the $500.00 matrix penalty. You will have an opportunity to appear before the Council and make a statement on your own behaif. 3. If you dispute the above facts, you can request a heazing before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Counci] will ultimately decide the case. If this is your choice, please advise me no later than Monday, June 29, 2009, and I will take the necessary steps to schedule the administrative heazing. If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $SQO.QO matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� 4 �� Rachei Tierney Assistant City ACtorney cc: Christine Rozek, Aeputy Director DSI Johathan Price, 2575 Ivy Avenue, Unit #314, Maplewood, MN 55119 Tait Danielson Castillo, Exec. Director, Thomas-Dale/District 7 Planning Council 533 North Dale Street, St. Paul, MN 55103 AA-ADA-EEO Emolover STATE OF MINNESOTP ' 09-898 ,�s. AFF`IDAVIT OF SEi. . ICE BY TJ.5. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the ��day of June, she served the attached NOTICE OF VIOLAT'ION placing a true and correct copy thereof in an envelope addressed as foliows: Owner/Manager Johnny Baby's 981 University Avenue West St. Paul, MN 55104 Johathan Prlce 2575 Ivy Avenue, Unit #314 Maplewood, MN SSll9 Tait Danielson Castillo, Exec. Director Thomas-Dale/District 7 Planning Council 533 North Dale Street St. Paul, MN 55103 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mai] at St. Paul, Minnesota. . � � ' �� Ju]ie Kraus Subscribed and sworn to before me this / 7�day of June, 2009 �� No ary Public RITA M. BO5SARD NOtARY PI�LIC - MIhRJESOtA MY COMNtlSSIQN IXPiRES JAN. 37. 20 t 0 ; _. .....__......._.... i ;, .----- ; �--_____ , �_ ,� -,__._ ,, , _.-.__,_.._ � � �; � , Y �J - ��. �oo��a P,01 � J I' 09-898 �_ �9.�-�'_- � --- � -- --_ _.,---� --- ---__.----- '�, _.��.' . _ f � ,, �� . ��'� , / ,,.._ii � -- - - J_- ___v._...._.__^.. _�_ 0 . , , �- Qo.� z�.�._._ : ,�, /. �, i. ;i� � r%..vf� ''_.i � �' i / .i . � / i� , i !•- � -. ... � ,t / �� . % /� � . /,� � � � r� - �1. /� , �/ � � � i l '� i i._� ii : / ,� /` . ��i ,. ' . � � - - �� 1 �_ �� ' SUN 14�58 6516460298 p.�1 � � � � � MiNNESOTA STATUTES 2008 340A.503 340A.503 PERSONS UNDER 21; ILLEGAL ACTS. Subdivision 1, Consumption. (a} It is unlawful for any: (1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or bottie club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or (2) person under the age of 21 yeazs to consume any alcoholic bevarages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the pazent or guardian. (b) An offense under pazagraph (a), ciause (2), may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed. (c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. 2. Purchasing. It is unlawful for any person: (1) to sell, barter, fumish, or give alcoholic beverages to a person under 21 years of age; (2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, education, or reseazch purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional reseuch conducted by postsecondary educational institutions or state, county, or local health departments; or (3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota identification card, or other form of identification by a person under the age of 21 years for the purpose of pwchasing or attempting to purchase an alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of clause (1) that the defendant is the parent or guardian of the person under 21 yeazs of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendanYs household. Subd. 3. Possession. It is unlawful for a person under the age of 21 yeazs to possess any alcoholic beverage with the intent to consume it at a place other than the househoid of the person's parent or guardian. Possession at a place other than the household of the parent or guardian creates Copyright � 2008 by the Revisor o£ Statutes, State of Minnesota. All Rights Reserved. I' :': MINNESOTA STATUTES 2008 340A.503 a rebuttable presumption of intent to consume it at a place other than the household of the pazent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. Entering licensed premises. {a) It is uniawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. (b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule charter city may prohibit a gerson 18, 19, or 20 years old from entering an establishment licensed under this chapter to: (1) perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by section 340A.412, subdivision 10; (2) consume meals; and (3) attend social functions that are held in a portion of the establishment where liquor is not sold. Subd. 5. Misrepresentation of age. It is unlawful for a person under the age of 21 years to ciaim to be 21 years old or older for the purpose of purchasing alcoholic beverages. Subd. Sa. Attainment of age. With respect to purchasutg, possessing consuming, selling, fizrnishing, and serving alcoholic beverages, a person is not 21 years of age unti18:00 a.m. on the day of that person's 21st birthday. Subd. 6. Proof of age; defense; seizure of false identification. (a) Proof of age for purchasing or consuming alcoholic beverages may be established oniy by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification cazd issued by the United States Department of Defense; (3) a valid passport issued by the United 5tates; or (4) in the case of a foreign national, by a valid passport. (b) In a prosecution under subdivision 2, clause (I), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in pazagraph (a) in selling, bartering, fumishing, or giving the alcoholic bevezage. (c) A licensed retailer or municipal liquor store may seize a form of idenrification listed under pazagraph (a) if the retailer or municipal liquor store has reasonable gmunds to believe Copyright � 2008 by the Revisor of StaNtes, State of Minnesota A71 Rights Reserved. 1' :' : 3 MINNESOTA STATUTES 2008 340A.503 that the form of identificarion has been altered or falsified or is being used to violate any law. A retailer or municipalliquor store that seizes a form of identification as authorized under this pazagraph must deliver it to a law enforcement agency, within 24 hours of seizing it. Subd. 7. [Repealed, 1989 c 351 s 19] Aistory: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c 301 s 13,14; 1990 c 602 arr S s Z-4; 1491 c b8 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s I3; 1994 c 615 s 21; 1995 c I85 s 7, 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24; ISp1997 c 2 s 57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 131 s 7 Copyright � 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. C:hapter 409. Intoxicating Liquor'�` �9_�e 1 of 4 Sec. 409.26. Intoxicating liquor; nonintoxicating malt fiquor; presumptive penafties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shail apply to aIl on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compei�ing 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 penaities for convictions or violations shail be presumed as foliows (unless specified, numbers below indicate consecutive days' suspension): TABLEiNSET: Type of Violation Commission of a felony (1) related to the licensed I Sale of alcohol beverages (2) while license is under 1st 2nd Revocation NA Revocation I NA Sale of alcoholic (3) beverages to underage Fine 4 Sale of aicoholic beverage t � to intoxicated person. Fine 5 After hours sale of � � alcohoiic beverages. Fine After hours dispiay or (6) consumption of alcoholic Fine beverage. Refusai to aliow city 7 inspectors or police � � admission to inspect 5 � ` Illegal on i Faifure to take reasonable � steps to stop person from leaving premises with alcoholic beverage. Failure to make (10) application fior license renewai prior to ficense expiration date. Safe of intoxicating liquor (11) where only license is for Fine Fine Fine Fine Fine Fine 6 4 15 6 4 6 6 3rd 4th NA NA NA NA Up to i8 Revocation Up to 18 Revocation �$ Revocation 12 I Revocation Revocation NA 18 Revocation 12 Revocation 18 Revocation 18 Revocation http:f/library4.municode.com/4472IDocView/1 006 111 /3 1 7/405?hilite=409 26; 5/28/2004 Chapter 409. Intoxicating Laquor* nonintoxicating Faiiure to comply with (12) statutory, and ordinance requirements for liabifity insurance. �� I Revocation � NA ' NA 09-$�e 2 of 4 For those violations which occur in on-sale intoxicating liquor estabfishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple viofations, a fine shall be imposed according to the foilowing schedule. For those violations which occur in on-sale intoxicating liquor estabiishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shali be doubied. Seating capacity 0--149 . . . $ 500.0� Seating capacity 150 and over ... 1,000.40 For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10j and (11), which wouid be a first appearance not involving muitiple violations, a fine shail be imposed according to the following schedule, based on the square footage of the retail area of the estabiishment. For those violations which occur in off-sale intoxicating liquor estabiishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. 5,000 square feet or less ...$ 500.00 5,�01 square feet or more ... 1,000.00 A Iicensee 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 wifl be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an "appearance" for the purpose ot determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged andlor incorporated in the notices sent to the ticensee under the administrative procedures act up to and inctuding the formal notice of hearing. The council in that case shall consider the presumptive penaity for each such violation under the "1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the counci!'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 aii other cases, violations occurring after the date of the formaf notice of hearing shall be the subject of a separate proceeding and deait 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 shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular Vtolation or violations that were the subject of the first or prior appearance. (e) Computation of time: http:/Aibrary 26; S128l2009 Chapter 409. Intoxicating Liquor* 09_�e 3 of 4 (1) if a licensee appears before the council for any violation in paragraph (b) where that violation has occurred within iwelve (12) calendar months after the (irst 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 ot determining the presumptive penalty. (2j 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 far a violation tisted 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 councii, 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 councii on three (3) previous occasions, each for violation listed in paragraph (b} above, and if said licensee again appears before the councii for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the vioiation 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 (1), (2) or (3) above shall be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether twelve (i2), eighteen (18), or thirty (30) months have elapsed shall be the date of the viotation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (fl Other penalties, Nothing in this section shal! 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.��), 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 councif 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 tikely to follow in the future responsible business practices in regard to sales to intoxicated persons and saies to minors. (1) For the purposes of seroice to intoxicated persons, evidence of responsibie 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 aiternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while scting in their capacity as empioyees or agents; e. Establish promotions and marketing efforts that publicize responsible business practices to the defendanYs customers and community; f. Implement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendanYs business; httpJ/library4.municode.com/4472/DocView(1Q061/1(317/405?hilite=409 26; 5/28/2009 Chapter 409. Intoxicating Liquor* 09-�e 4 of 4 h. Estabiish a standardized method for hiring qualified employees; 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 employees of the licensed establishment in regard to standards for responsible liquor service. (2) For the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those listed in subsection (i) and the foilowing: a. Management policies that are implemented at the time of senrice 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 a Enrol{ment by the licensee in recognized courses providing training to seff 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. 1775&, § 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-i445, § 1, i230-97; C.F. No. 98-866, § 1, 11-4-98; C.F. No. 07-149, § 161, 3- 28-07) http://Iibrary4.municode.comf44721DocView/1 00 6 1 /1 /3 1 7/405?hilite=409 26; 5f2812009