10-683Council File # ��"'(p 6 �j
Green Sheet #� �% ,� (D
RESOLUTION
C1TY
Presented by
PAUL, MINNESOTA
�
I WHEREAS, adverse action was taken against all licenses held by The Applebaum Companies, Inc.
2 d/b/a Big Top Liquors (License ID #0015788) for the premises located at 1574 University Avenue West in
3 Saint Paul by Notice of Violation dated May 20, 2010, alleging licensee sold alcohol to an underage person
4 on May 13, 2010, in violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §410.04 (a) (1);
5 and
7 WHEREAS, per Saint Paul Legislarive Code §310.05(m) (2), the licensing office recommended a
8 $500.00 matrix penalty; and
9
10 WHEREAS, Iicensee did not respond to the Notice of Violation to pay the $SOO.QO matrix penalty
I 1 or request a hearing; and
12
13
14
15
16
17
18
19
20
WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $500.00 matrix
penalty or request a hearing by June 1, 2010, that the matter would be placed on the consent agenda to
impose the recommended penalty; now, therefore, be it
RESOLVED, that The Applebaum Companies, Inc., d/b/a Big Top Liquors is hereby ordered to
pay a matrix penalty of $500.00 for the sale alcohol to an underage person on May 13, 2010, in violation of
Minn. Stat. §34QA.503 and Saint Paul Legislarive Code §410.04 (a) (1). Payment of such penalty sha11 be
made within thirty days of the date of the adoption of this resolution.
Requested by Depamnent of:
�-+ � Q/ruQi � �r�s
��
By � ��
Adoption Certified by Coun 'I Secretary
By: '
Approved b ay D e (�( c7
By:
F amey ,
` {
Form p ov by or for missio to Co cil
By:
Adopted by Council: Date ����a/J/�
��T-eT� /f�-��'3
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
S � _ Dept. of Safety & InspeCtions
ConWct Pereon & Phone:
Rachel Tierney
2fi6-8710
Must Be on Counc' Agenda by (Daf@)
o��u�-io �.ISh�19, �
Doc.Type:RESOLUTION
E•Docum¢nt Required: Y
Document Contact: Julie Kraus
ConWCt Phone: 266-8776
16 JUN 2010
� 0
1
Assign I 2
Number
For 3
Routing I 4
Order 5
Green Sheet NO: 3115265
Total # of Signature Pages _(Clip All Locations for Signature)
Acfion Requested:
Approval of the attached resolution to take adverse acqon against all licenses held by The Applebaum Companies, Inc. d/b/a Big Top
Liquors (License ID#0015788) for the premises located a[ 1574 UniversiTy Avenue West in Saint Paul.
RecommerWaUons: Approve (A) or Reject (R):
Planning Commission
Ct6 Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this perso�rm ever worked under a conVact for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not norma�ly possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
�, lnitlating Problem, Issues, Oppodunity (Who, What, When, Where, Why):
'�� Licensee failed a liquor compliance check and sold alcohol to an underage person on May 13, 2010 in violaqon of Minn. Stat. Section
i 340A.503 and Saint Paul Legislative Code Section 410.04 (a) (1). After notification liceusee did not xespond to the Notioe of
; Violation.
Advantages If Approved:
Imposition of $500.00 matrix penalty.
I DisadvanWgeslfApproved:
�
DisadvanWges If NotApproved:
Total AmoUnt of
Transaction:
Funding Source:
Financial Information:
(F�cplain)
CostlRevenue Budgeted:
Activity Number.
June 16, 20'10 1:03 PM Page 1
10-683
SwfNT
PAUL
�
AAAA
CITY OF SAWT PAUL
ChristopherB. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
Ge�ald T Hendnckson, City Attomey
Telephone: 657 266-8710
Facsimile: 657 298-5619
May 20, 2010
NOTICE OF VIOLATION
Jay Applebaum, President
Big Top Liquors
1574 University Avenue West
St. Paui, MN 55104
Civd Division
a00 City Hall
15 West Kellogg B/vd.
Saint Paul, Minnesota 55702
RE: All ]icenses held by The Applebaum Companies, Inc. d/b/a Big Top Liquors for the premises located
at 1574 University Avenue West in Saint Paul
License ID #;0015788
Dear Mr. Applebaum:
The Department of Safety and Inspections (DSI) will recommend adverse action against all licenses held by
The Applebaum Companies, Inc, d/b/a Big Top Liquors for the premises located at 1574 University Avenue West in
Saint Paul, based on the following information:
On May 13, 2010, at approximately 7:17 p.m., Saint Paul Police conducted a liquor compliance
check at Big Top Liquors located at 1574 University Avenue West (CN #10-098-437). The
officers used under aged checkers who had valid picture identification with bold red highlighted
print indicating they were `�under 21" next to their picture.
One of the under aged checkers entered your establishment and purchased a six (6) pack of Bud
Light Beer. The checker returned to the vehicle and gave the officer the beer, receipt and the
change from the purchase. He stated that the cashier at the counter did not ask for his
iden6fication.
The officers then entered your establishment and after identifying themselves as police officers,
informed the caslder that she had just sold beer to an under aged customer. The officer showed
her the identification the checker used to purchase the beer but she did not recall the sale.
Aowever, when the of�icer showed her the receipt she said "Oh". The manager, Dave
Goldberg, who had now come to the counter, asked that they all go to the back of the office and
the officers complied. The officers returned the beer and they were given the $20.00 bill the
checker had used.
Sale of alcohul to an underage person is a vio►a6on of Minn. Stat. §344A.503 and Saint Paul
Legislative Code §410.04 (a) (1).
Affirmative Action Equa] Opportunity Employer
10-683
Big Top Liquors
May 20, 2010
Page 2
Per Saint Paul Legislative Code §409.26(b) (3) the licensing office wi11 recommend a$500.00 matrix penalty.
At this time, you have three options on how to proceed:
You can pay the recommended $500.00 mauix penaity. ff this is your choice, you should make payment
directly to the Department of Safety and Inspections, at 375 Jackson Street, Suite 220, St. Paul, Minnesota
55101-1806 no later than Tuesday, June 1, 2010. Information should be directed to Ihe attenfion 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 hearing to which you are endtled.
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a
statement admitting the facts requesung a pubiic hearing. We will need to receive your letter by Tuesday,
June 1, 2010. The matter will then be scheduled before the City Council for a public hearing to deternune
whether to impose the $500.00 matrix penalty. You will have an opportunity to appeaz before the Council and
make a statement on your own behalf.
3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing
both you and the City will be able to appear 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 advise me
no later than Tuesday, June 1, 2010, and I wil] take the necessary steps to schedule the administrative hearing.
If you have not contacted me by that date, I will assume that you do not contest the imposition of
the $500.00 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,
6C��.+�C, �(,CiC�
Rache] Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director - LIEP
Jay Applebaum, 2101 Pine Island Drive Road, Minnetonka, MN 55345
Roger Bromander, Executive Director, Union Park District Council, 1570 Concordia Avenue,
Suite LL100, St. Paul, MN 55104
Affirma[ive Actinn Eoual nnnnrhmitv F.mnlnver
STATE OF MINNESOT� �
, ss.
COUNTY OF RAMSEY )
10-683
AFFIDAVIT OF SE,_ . ICE BY U.S. MAIL
Julie Kraus, being first duly swom, deposes and says that on the �� day of
May, she served the attached NOTICE OF VIOLATION by placing a true and correct copy
thereof in an envelope addressed as follows:
Jay Applebaum, President
Big Top Liquors
1574 University Avenue West
St. Paul, MN 55104
Jay Applebaum
2101 Pine Island Drive Road
Minnetonka, MN 55345
Roger Bromander, Executive Director
Union Park District Council
1570 Concordia Avenue, Suite LL100
St. Paul, MN 55104
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�
Julie Kraus
Subscribed and sworn to before me
thiso�0'7� day of May, 2010
�/[y� ��
Not y Public
RiTA Nf. 80SSARD
IqTAFry PUBLlC • MINNESOTA
MY COMMISSION
DCPIRESJAN.31,2015
10-683
MINNESOTA STATUTES 2009 340A.503
340A.503 PERSONS UNDER 21; ILLEGAL ACTS.
Subdivision 1. Consumpfion. (a) It is unlawful for any:
(1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or
bottle 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 years to consume any alcoholic beverages. 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 paragraph (a), clause (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 unlawfizl for any person:
(1) to sell, barter, fiunish, or give alcoholic beverages to a person under 21 yeazs 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
research purposes. Prior notification of the licensing authority is required unless the supervised
alcohol purchase attempt is for professional research conducted by postsecondary educational
institutions or state, county, or local health departments; or
(3) to induce a person under the age of 21 yeazs 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 yeazs for the
purpose of purchasing or attempting to purchase an alcoholic beverage.
If proven by a preponderance of the evidence, it shall be an affinnative 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 defendant's 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 household of the person's
pazent or guardian. Possession at a place other than the household of the pazent or guardian creates
Copyngh[ � 2009 by the Rev�sor of Statutes, State of Minnesota. All Rights Reserved.
10-683
MINNESOTA STATUTES 2009 340A.503
a rebuttable presumption of intent to constune it at a place other than the household of the parent
or guardian. This presumption may be rebutted by a preponderance of the evidence.
Subd. 4. Entering licensed premises. (a) It is unlawful 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 person 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 aze held in a portion of the establishment where liquor is not
sold.
Subd. 5. Misrepresentation of age. It is unlawfui for a person under the age of 21 years to
claim to be 21 years old or older for the purpose of purchasing alcoholic beverages.
Subd. Sa. Attainment of age. With respect to purchasing, possessing, consuming, selling,
furnishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the
day of that person's 21st birthday.
Subd. 6. Proof of age; defense; seizure of faise idenrification. (a) Proof of age for
purchasing or consuming alcoholic beverages may be established only by one of the following:
(1) a valid driver's license or identification cazd 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 Depariment of Defense;
(3) a valid passport issued by the United States; or
(4) in the case of a foreign national, by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), 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 beverage.
(c} A licensed retailer or municipal liquor store may seize a form of identification listed
under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe
Copyright Q 2009 by the Revisor of StaNtes, State of Minnesota. All Rights Reserved.
10-683
3 MINNESOTA STATUTES 2009 340A.503
that the form of identification has been altered or falsified or is being used to violate any law.
A retailer or municipal liquor store that seizes a form of identification as authorized under this
paragraph must deliver it to a law enforcement agency, within 24 hours of seizing it.
Subd. 7. [Repealed, 1989 c 351 s 19]
History: 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 art 5 s 2-4, 1991 c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21,- 1993 c 350 s 13;
1994 c 61 S s 21; 1995 c I85 s 7; 1995 c 186 s 67; 1996 c 323 s 4, 1996 c 442 s 24; 1 Sp1997 c 2 s
57; 1999 c 202 s 7; 2000 c 472 s 3, 2005 c 131 s 7
Copynght Cc� 2009 by the Revisor of Statu[es, State of Minnesota. All Rights Reserved
10-683 page 1 of 3
5ec. 410.04. - Regulations.
(a)
Restrictions on minors. A minor, as used herein, is any person under the age of twenty-one (21} yeazs.
(1)
No licensee, or agent or employee thereof, shall serve or dispense upon the licensed premises any
intoxicating liquor or nonintoxicating malt liquors to any minor; nor shall such licensee, agent or
employee permit any minor to be furnished with or to consume any such liquors on the licensed
premises; nor shall such licensee, agent or employee pernut any minor to be delivered any such liquors.
�2)
No minor shall misrepresent his or her age for the puxpose of obtaining intoxicating liquor or
nonintoxicating malt liquor; nor shall he or she enter any premises licensed for the retail sale of
intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or
delivered to him or her for consumption of any such intoxicating liquor or beer; nor shall any such
person purchase, attempt to purchase, consume or have another person purchase for him or her any
intoxicating liquor or beer.
(3)
No minor sha11 induce any person to purchase, procure or obtain intoxicating liquor or nonintoxicating
malt liquor for him or her.
(4)
Proof of age for purposes of consuming, purchasing or possessing an alcoholic beverage, the
consumption, sale or possession of which is regulated by age, may only be established by a valid driver's
license or a Minnesota Identification Card issued pursuant to Minnesota Statutes, Section 171.07 or, in
the case of a foreign national, by a valid passport.
(b)
Intoxicating liquor prohibited. It shall be unlawful for any person duly licensed to sell nonintoxicating
malt liquor, but not duly licensed to sell intoxicating liquor, or for any of his agents, servants or
employees, to keep, store, possess, have under his control, sell or permit any person to keep, store or
possess any intoxicating liquor upon said premises.
It shall be unlawful for such licensee, his agents, servants or employees to permit the consumption of
intoxicating liquor upon said premises.
For the purposes of this chapter, "intoxicating liquor" is hereby defined to mean and include ethyl
alcohol and any distilled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage,
which liquid contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by
weight.
(c)
Sales prohibited; hours. No such nonintoxicating malt liquors shall be sold either on-sale or off-sale
between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday inclusive, nor
between the hours of 1:00 a.m. and 12:00 noon on Sundays. Notwithstanding the foregoing, an
establishment which has received a permit from the state which authorizes sale of 3.2 percent malt
liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. may make such sales if it has provided a
copy of the permit to the director of the department of safety and inspections. No on-sale licensee shall
permit any such nonintoxicating malt liquors to be consumed on its premises during the hours when the
sale thereof is by this chapter prohibited. Notwithstanding the foregoing, establishments holding on-sale
licenses issued under this chapter may remain open for the sale of food after the hours of sale provided
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therein and until 3:00 a.m. if they have first obtained an extended service license. Such license shall be a
class III license. Application shall be made on such forms as may be provided by the department of
safety and inspections. The fee for such license shall be established by ordinance as provided in section
310.09(b) of the Legislative Code. The regulations in section 409.07.1(b), and notice and consent
reguirements in section 409.071(c) of the Legislative Code shall apply to extended service licenses
under this chapter.
(c-1)
Extended hours during 2008 Republican National Convention. Notwithstanding the above, between
12:00 p.m. on August 31, 2008 through 4:00 a.m. on September 5, 2008, licensed establishments may
obtain an RNC 4:00 a.m. permit. The RNC 4:00 a.m. permit shall allow service, consumption and
display of 3.2 percent malt liquor in on sale establishments unti14:00 a.m. The RNC 4:00 a.m. permit
shall not allow consumption, display or service of 3.2 percent malt liquor after 2:00 a.m. outdoors
including on any patio or sidewalk cafe. Establishments may obtain the RNC 4:00 a.m. pernvt under the
following conditions:
(1)
Applicant must hold a valid on-sale 3.2 percent malt liquor license and a license for Sunday sales.
�2)
Applicant must hold a valid permit for 2:00 a.m. ciosing permit issued by the state.
(3)
Applicant must complete an application provided by the department of safety and inspections and pay
RNC 4:00 a.m. permit fee of two thousand five hundred dollars ($2,500.00).
(4)
In a11 areas except the downtown development district and commercia] development districts, applicant
establishment must have at least two hundred ninety-one (291) seats as determined by the department of
safety and inspections.
(o-2)
Presumptive penalties during the 2008 Republican National Convention. For purposes of the penalty
matrix at 310.05(m) of the Saint Paul Legislative Code, the presumptive penalty for establishments
found to serve, display, or a11ow consumption of 3.2 percent malt liquor after 2:00 a.m. between August
31, 2008 and September 5, 2008 when that establishment does not hold an RNC 4:00 a.m. permit is two
thousand dollars ($2,000.00) per incident.
(d)
Dancing. Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions
or entertainment aze hereby at all times prohibited on the premises of any off-sale licensee; provided,
however, that if such premises are duly licensed for entertainment, such dancing, exhibitions or
entertainment may be permitted.
(e)
Music. All music, by whatever means provided, is hereby prohibited upon the premises of any on-sale
licensee between the hours of 9:00 p.m. of any one (1) day and 9:00 a.m. of the following day, except
where such premises are duly licensed for entertainment; provided, that an on-sale licensee is hereby
pemutted to operate a radio and obtain music therefrom between said hours of 9:00 p.m. and 9:00 a.m.;
provided further, that the tone of such radio is modulated so as not to annoy the occupants of neazby
premises. The failure of any on-sale licensee using a radio between said hours to keep the same from
becoming a nuisance to occupants of neazby premises shall be deemed sufficient cause, in the discretion
of the council, to revoke his license to sell such nonintoxicating malt liquor.
��
Sales on days of parades. When a licensee is notified by the police department that a pazade will be held
within one (1) block of the licensee's establishment, all nonintoxicating malt beverages and liquid of any
type sold during the entire day of said pazade shall be sold only in plastic or paper containers. In
addition, upon receiving such notice, the licensee shall place a person at each entrance and each exit of
the establishment at least one (1) hour prior to the time of parade, and the licensee shall require a person
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10-683 page 3 of 3
to remain at those locations until one (1) hour after the parade to ensure that patrons do not enter or exit
with beer or intoxicating liquor.
�g)
Parking; visual screen. When an existing building is converted to on-sale nonintoxicating malt ]iquor
purposes, existing off-street parking facilities which serve the building shall be provided with a visual
screen where the parking facility adjoins or abuts across an ailey any residential use or residential zoning
district. The screen shall be between four and one-half (4 and six and one-half (6 feet in height and
of sufficient density to visually separate the parking facility from the adjacent residential use district.
The screen may consist of vazious fence materials, earth berms, plant materials or a combination thereof.
Access by patrons to the parking facility from an adjacent alley should generaily be prohibited.
(h)
Sale of nonintoxicating liquor regulated. No person shall give, sell, procure or purchase nonintoxicating
liquor to or for any person to whom the sale of nonintoxicating liquor is forbidden by law.
(i)
Consumption in public place prohibited. No person shall mix or prepaze nonintoxicating liquor for
consumption, or consume it, in any public place not licensed in accordance with this Code and the State
of Minnesota.
�)
Sale or consumption in automobiles or on public highways prohibited. No nonintoxicating liquor shall
be sold or consumed on a public highway or in an automobile.
(k)
Leaving licensed premises with nonintoxicating liquor; responsibility of licensee. No licensee shall
allow any person to leave a premises, for which an on-sale nonintoxicating license has been issued, with
a bottle, can or glass containing any nonintoxicating liquor. Each licensee shall be responsible for taking
reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can
or glass containing any alcoholic beverage, and the failure to do so may subyect each licensee to adverse
acfion against his or her license.
(1)
No person, group or association applying for or holding a license under this chapter shall restrict
membership in its c]ub or organization, or restrict access to the licensed premises or any facilities of
such person, group or association, on the basis of race, creed, religion, sex, national origin or ancestry,
age, disability, marital status or status with respect to public assistance. This provision shall not apply to
any religious corporation, association or society with respect to membership or access based on religion,
where religion is a bona fide qualification for membership or access. A violation of the foregoing shall
constitute sufficient grounds for adverse action against the license or license application, including
revocation or denial of the license.
(Code 1956, §§ 310.07-310.10, 31013, 310.14; Ord. No. 17014, 4-28-83; Ord. No. 17174, 10-23-84;
Ord. No. 17437, § 1, 2-24-87; Ord. No. 17461, § 1, 5-28-87; Ord. No. 17474, § 1, 7-7-87; Ord. No.
17657, §§ 11, 13, 6-8-89; Ord. No. 17705, § 3, 1-16-90; C.F. No. 93-1324, § 1, 11-23-93; C.F. No. 94-
1659, § 1, 12-28-94; C.F. No. 03-687, § 1, 8-13-03; C.F. No. 07-149, § 163, 3-28-07; C.F. No. 08-608, §
l, 6-25-08)
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10-683
Chapter 310. - Uniform License Procedures Page 1 of 3
Presumpt�ve penalties for certain violations. The purpose of this section is to establish a standard by
which the city council determines the amount of fines, the length of license suspensions and the
propriety of revocations, and shall apply to all license types, except that in the case of a violation
involving a liquor license § 40926 shall apply where a specific violation is listed. In the case of an
adverse action filed for a violation of chapter 331A, the licensee shall be given a fine for each individual
violation of § 331 A. The total fine amount for violations of § 331A may exceed the maximum fine
outlined below due to multiple violations in one (1) appearance. All penalty recommendations for
chapter 331A violations shall be based on the food penalty guideline referred to in chapter 331A.
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
compelfing reasons making it more appropriate io do so. When deviating from these standards, the
council shall provide written reasons that s�ecifv whv the oenaltv selected wac mnra annrnr,r�aro
Type of
Violation
(1) Violations of
conditions
placed on the
license
(2) Violation of
provisions of
the legislative
code relating to
the licensed
(3) Violation of
provisions of
the legislative
code relating to
the licensed
activity, other
than violations
of the food code
Appearance
1st
$500.00 fine
$500.00 fine
$500.00 fine
(4) Failure to 5-day
permit entrance suspension
or inspection by
DSI inspector or
police
(5) Commission
of a crime other
than a felony on
the premises by
a licensee or
$700.00
(6) Commission
of a felony on
tfie premises by
a licensee or
employee
(7) Death or
great bodily
harm in
estabiishment
related to
violation of law
$2,000.00
30-day
suspension
2nd
$1,000.00 fine
$1,000.00 fine
$1,000.00 fine
10-day
suspension
$1,500.00
Revocation
60-day
suspension
3rd
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
15-day
suspension
5-day
suspension
n/a
Revocation
4
Revocation
Revocation
Revocation
Revocation
Revocation
n!a
n/a
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10-683
Chapter 310. - Uniform License Procedures Page 2 of 3
or license
conditions
(8) Failure to
pay license fees
(9) Critical
violations under
331 A
Revocation
$250.00
$500.00
$1,000.00, 5-day I Revocation
suspension
(10) Non-critical I $150.00
violation under
331 A
$250.00
(i) Fines payab/e without hearing.
$500.00 �$1,000.00
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making
a frst or second appearance before the council may elect to pay the fine to the
DepaRment of Safety and Inspections without a council hearing, unless the notice of
violation has indicated that a hearing is required because of circumstances which may
warrant deviation from the presumptive fine amount. Payment of the recommended
fine will be considered to be a waiver of the hearing to which the licensee is entitled,
and will be considered an "appearance" for the purpose of determining presumptive
penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid
witfiout a hearing regardfess of how many prior appearances ihat licensee has made
before the Council. The above council hearing requirement applies to violations under
Chapter 331A unless the fine recommended by the Department of Safety and
Inspections is equal to or less than the fine amount outlined in the above matrix.
Payment of the recommended fine will be considered to be a waiver of the hearing to
which the licensee is entitled, and will be considsred an "appearance" for the purpose
of determining presumptive penalties for subsequent violations. A non-critical violation
under chapter 331A shall not be considered an "appearance" for purposes of
determining presumptive penalties for non331A violations. A council hearing is
required if the Department of Safety and Inspections recommends a fine that is an
upward departure for the amount outlined above.
(ii) 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 and/or incorporated in the
notices sent to the licensee under the administrative procedures act up to and including the
formal notice of hearing. The council in that case shall consider the presumptive penalty for
each such violation under the "1st Appearance" column in paragraph (b) above. The
occurrence of mul5ple violations shall be grounds for departure from such penalties in the
council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring after the date of
the notice of hearing that are brought to the attention of the city attomey 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, violations 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.
(iv} Subsequent appearances. Upon a second, third or fourth appearance before the counc+l 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 violation or
violations that were the subject of the first or prior appearance. However, non-cnUCal violations
of Chapter 331A shall not be counted as an "appearance" before the Council in relation to any
violation other than another violation of Chapter 331A.
(v) Computat�on of time.
(1) if a licensee appears before the council for any violation in paragraph (m) where that
violation has occurred within twelve (12) calendar months after the first appearance of
Chapter 310. - Unifonn License Procedures 10-683 page 3 of 3
the same licensee for a violation listed in paragraph (m) above or section 40926, 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 councii on two (2) previous occasions for
viofalions listed in paragraph (m) or section 40926, and if said ficensee again appears
before the council for a violation listed in paragraph (m), and if the current violation
occurs 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 violations lisied in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation contained in paregraph (m), and if the
current violation occurred within twenty-four (24) calendar 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 (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 (12), eighteen (18), or hventy-four (24) 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.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before
the council regarding a death or great bodily harm in a licensed establishment that is
related to a violation of the law or license conditions shall be counted as a second
appearance, regardless of how much time has passed since the frst appearance if
the first appearance was also regarding a death or great bodily harm in a licensed
establishment. A third appearance for the same shall be counted as a third
appearance regardless of how much time has passed since the first or second
appearance.
(Code 1956, § 510.05; Ord. No. 17551, § T, 449-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911,
§ 1, 3-f0-92; QF. No. 94-d6, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 743-94; QF. No. 94-134Q § 2, 1049-94; C.F. No. 95-473, § 4, 5-
31-95; C.F. No. OS-18Q § 1, d-6-O5: QF. No_ 06-954, § 1, if-8-06; C.F. No. 06d072, § 1, 12-27-06; GP. No. 07-14Q § 73, 3-28•07;
C.F. No. 07-1053, § 9, 11-28-07; C.F. No. 084208, § 1, 12-17-OS)
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