10-789Withdrawn 7/21/2010 CouncilFile# lo-�s9
Green5heet#'3�� ']��
``\ ESOLUTION
F SAI T PAUL, MINNESOTA SI
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Presented
WIIEREAS, verse action was taken against all licenses held by Speedway SuperAmerica, LLC
d/b/a SuperAmerica St e(License ID #19980001476) for the premises located at 925 Gzand Avenue in
Saint Paul by Notice of � lation dated May 20, 2010, alleging licensee failed a liquor compliance check
on May 13, 2010, by selling cohol to an underage person in violation of Minn. Stat. § 340A.503 Subd. 2
(1) and Saint Paul Legislative de § 410.04 (a) (1); and
WHEREAS, per Saint Paul
$500.00 matrix penalty; and
WHEREAS, the licensee did
was held on July 21, 2010; and now,
Code § 310.05 (m) (2), the licensing office recommended a
to the Notice of Violation to request a public hearing which
. be it
RESOLVED, that Speedway SuperAmeri LLC d/b/a Speedway SuperAmerica Store is hereby
ordered to pay a matrix penalty of $500.00 for the s e of alcohol to an underage person on May 13, 2010,
in violation of Minn. Stat. § 340A.503 Subd. 2(1) an Saint Paul Legislative Code § 410.04 (a) (1).
This resolution, and action taken above, is based u on facts contained in the May 20, 2010, Notice
of Violation sent to the licensee and the arguments made at e public hearing on July 21, 2010.
Requested by Department of:
Adoption Certified by CounciI Secretary
By:
Approved by Mayor: Date
By:
Form
By:
Form
By:
Attorney
to
�
Adopted by Council: Date
10-789
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depa�tmenUOfficefCouncii: '� Date {nNated: �
, S� _Dept.ofSafety&Inspections �, 08JUL2o,o ; Green Sheet NO: 3115736
Cnntact Person & Phone: � �
� Rachel Tiemey � y � o
266-8710 ' , i
� Assign ' 2
Must Be nn Coun i genda by (Date): ' Number ,
21-JUL-10 �� '1�l ^�+ s For i 3
`�T�` Routing i 4
� Doc. Type: RESOWTION V '; Order � 5
I E-DOCUment Requiretl: Y �
, Documenf Contact: JWie Kraus � ��
ConWCtPhone; 26G8776
Total # of Signature Pages _(Clip All Locations Por Signature)
Approval of the attached resolution to take adverse action against all licenses held by Speedway SuperAmerica, LLC d/b/a
SuperAmerica Store (License ID #19980001476) for the premises located a[ 925 Grand Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Depa1'lIDep[ Du¢ctoi '
CitvAttornev �
MavodASSistant
� City Council
�tv �erK
Personal Service Cor�tracts Must Answer the Foilowing Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has Mis persoNfirm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by a�y
current city employee?
Yes No
Explain ail yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed a liquor compliance check conducted by the Saint Paul Police Department on May 13, 2010. After notificarion,
licensee initially requested an administrarive heazing bu[ then decided to cancel that hearing and request a public hearing.
Ativantages If Approved:
Tmposition of $500.00 matrix penalty.
Oisadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
7ransaction:
Funding Source:
Financial information:
(Explain)
CostlRevenue Budgeted:
Activity Number.
July 8, 2010 10:49 AM Page 1
10-789
SqINT
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AAAA
CITY OF SAINT PAUL
Chnstopher8 Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
Gerald T Hendricksoq CityAttomey
Telephone� 651 266-8710
Facsim�le. 651 298-5619
July S, 2010
Crvil Divrsion
400 City Hall
l5 West Kellogg Blvd.
Saint Pau( Mrnnesbta 55702
NOTICE OF COUNCIL HEARING
David M. Aafedt
Winthrop & Weinstine, P.A.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-4629
RE: All licetzses held by Speedway Superamerica LLC, d/b/a Speedway Superamerica Store for the premises
located at 925 Grand Avenue in Saint Paul
License ID #: 19980001476
Dear Mr. Aafedt:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting has
been scheduled for Wednesday, July 2I, 2010, at 5:30 p.m., iu 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
Council far their consideration. This is an uncontested matter concerning the fact that on May 13, 2010, St. Paul
Police conducted a liquor compliance check at your store and cited an employee for selling alcohol to an underage
person in violation ofMinn. Stat. § 340A.503, Subd. 2(1) and SaintPaul Legislative Code § 410.04 (a) (1). This
matter has been placed on tlte public hearing agenda portiov of tite City Council meeting during which public
discussion is allowed. The licensing office will recommend a$500.00 matrix penalty.
If there is anv information vou would like City Council to review arior to the public hearin¢ I will
need to receive it no later than Tuesdav, Julv 13 2010.
Sincerely,
i2G.�,P,�.�.e. � �.�
Rachel Tierney
Assistant City Attorney
cc Christine Rozek, Deputy Director of DSI
vlGlary Erickson, Counci] Secretary
Jennifer A. Blessing, Paralegal, Speedway SuperAmerica LLC, 500 Speedway Drive, Enon, OH 45323
Williazn Bauer, Store Manager, Speedway SuperAmerica Store, 925 Grand Avenue, St. Paul, MN 55105
David Regan, Exec. Director, Grand Avenue Business Association, 867 Grand Avenue, St. Paul, MN 55105
Affirmative Action Fqual OpportuniTy Employer
STATE OF MINNESOTA}
) ss.
COUNTY OF RAMSEY )
10-789
AFFIDAVTT OF SERVICE BY U.S. MAIL
Julie Kraus, being first duly swom, deposes and says that on the _�_ day of
July, she served the attached NOTICE OF COUNCIL HEARING by placing a true and
correct copy thereof in an envelope addressed as follows:
David M. Aafedt
Winthrop & Weinstine, P.A.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-4629
Jennifer A. Blessing, Pazalegal
Speedway SuperAmerica LLC
500 Speedway Drive
Enon, OH 45323
William Bauer, Store Manager
Speedway SuperAmerica Store
925 Grand Avenue
St. Paul, MN 55105
David Regan, Exec. Director
Grand Avenue Business Association
867 Grand Avenue
St. Paul, MN 55105
(which is the last known address of said person) depositing the same, witl� postage prepaid, in the
United States mail at St. Paul, Minnesota.
�
Jul aus
Subscribed and sworn to before me
this �'1� day of July, 2010
�;,�� ��. / G�� �
Notary Public
RiTA M. 80SSAR0
��py p�g�i�. MINNESOTA
MY COMM�SSION
E7CPIRES JAN. 31, 2015
10-789
Licensee Name:
Address:
Council Date:
UNCONTESTED LICENSE MATTER
Speedway SuperAmerica Store
925 Grand Avenue
St. Paul, MN 55105
Wednesday, July 21, 2010 at 5:30 p.m
Violation: St. Paul Police conducted a liquor compliance check of
the licensed establishment and an employee was cited for
the sale of alcohol to an underage person in violation of
Minn. Stat. § 340A.503, Subd. 2(1) and Saint Paul
Legislative Code § 410.04 (a) (1).
Date of Violation: May 13, 2010
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
$500.00 matrix penalty
Attachments:
1.
2.
3.
4.
5.
6.
7.
E::
Proposed resolution
License Group Comments Text from ECLIPS system dated 5/18/2010
Liquor Compliance Check Sheet dated 5/13/2010
Original Offense/Incident Report CN #10-098-795 dated 5/13/2010
Photograph of employee and beer taken by Saint Paul Police
Notice of Violation with Affidavit of Service dated 5/20/2010
Faxed letter from Corporate Office requesting an administrative
hearing dated 5/28/2010
Letter sent by licensee's attorney cancelling administrative hearing and
requesting a public hearing dated 7/7/2010
9. Minn. Stat. § 340A.503 Subd. 2(1)
10. Saint Paul Legislative Code § 310.05
I1. Saint Paul Legislative Code § 410.04 (a) (1)
10-789
License Group Comments Tezt
L+cer�see: SPEEDWAY SUPERAtdERICA LLC
DBA: SPEEDWAY SUPERAMERICA STORE
License #: 19g8000'I476
os�i ai2o� o
OS/182010 To CAO for adverse action. CAR
OS/�3/201D CN10098795 Fafied alcohol compliance check wnducted by SPPD 5500 matnx penalty, couMS as first violation CAR
OS/3 V2009 Sent congratulation letter for passing liquor comphance check by SPPD on 08/21/2009 ml
6l26/09 Passed Cig Comp Ck KS
1C/15/08 passed cig comp.ck KS
03/18l2�08 Sent wngratulation letter for passmg SPPD hquor comphance check ML
10/'192007 Passed tobacco compliance check. RJ
08/2D/2007 Met w7mgr M�ke Cary re Uc conditions� noise ord�nance not posted. Will check PP
05/15/2007 5500.00 Rcvd for hquor sales violation. AMW
05/02i2007 Notice of Violation trom CAO for aicohol compliance failure Given untii D5/14/2007 to respond CAR
03/OS/2007 Failed alcohol compliance check conducted by SPPD. Counts as fvst faiWre after warning $500 matnx penalty To CAO for adverse ac6on CA
1 V29/2006 Completed alcohol awareness trainin9. CAR
17/27/2006 Sent congratulations tetter for passmg liquor wmpliance check MED
71/OS/2006 Passed liquor compliance check MED
10/�2/2006 Waming letter sent MED
10/04/2006 CN 06205677 Failed alcohol compliance check conducted by SPPD First Failure, waming to be sent Must take alcohol awareness treimng by
11/30/2006 CAR
07/18/2006 Passed tobacco compliance check. RS
10/28l2005 Contlitions mspedwn. ok re fdter, noi5e ordmance is not posted RS
07/7 �/2005 Passed tobacco compliance check RDH
037222005 Passed atcohoi compiiance check RDH
�0/122004 Sent letter of congratula6ons for passmg alcohoi compliance check RDH
09/29/2004 Passed SPPD a{cohol compliance check. RDH
05/74/2004 Passed tobacco compliance check. CMK.
05/09/2003 Passed tobacco comphance check CMK
03/77/2003 Congratulahons ietter sent for passing alcohol compliance check GMK
03/03/2003 PasSed DPS alcohol compliance check conducted by SPPD CMK
04/08/2D02 Sent congratuiations letter for passing alcohoi compiiance check on 03/30/2002 SS
04/03/2002 Passed tObacco compliance check. SCS
03/30/2002 Passed DPS alcohol compliance check conducted by SPPD. SS
07/73/2001 SCUP w/vanance approved with condiLons for an auto service stahon and parking vanance (13 spaces reqwred; 12 spaces proposed) caa
05(02l20�1 Passed Tobacco Compiiance Check. SS
03/19/2001 Congratulations letter sent for passing Alchohol Compliance check. SS
03(1072001 Passed Sobacco compliance check SS
03/08/2001 Passed DPS Alchohol Comphance check by SPPD. SS
06R9/2D00 Sent congratulations {etter for passing alcohol compiiance check SS
05/30/2000 Passed U of M alcohol comphance check conduded by LIEP/Schweinler. SS
DA/18/200D Congratulations letter sent for passin9 aicohol comphance check 5S
04/04/2000 Passed tobacco compliance check SS
03/28/2000 Passed DPS alcohol compliance check conducted by SPPD Polyak/Wachal SS
4/7/99 passed alco check, no "unofficial" waming-DL
08/05/98 - Approved by Counctl/Res. #98-707/JL
6/23/98: Restaurant-D code changed to Restauran6C per note idFong Lor & C Rozek
O6/19/98 - Complaint received by Gerry StrathmaNSCheduled legislative hearing for 07/16/98/JL
�5l22l98 - Notdication date O6/19l98, nodces mailed 0522188;61M, tl0 & 46EMWL �1/01198/JLSuperAmenca iransferred to
Speedway SuperAmenca LLC
07f06/99 passed ag comphance check - 07f21199 letter sent SS
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10-789
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address Licensee p Contact � License i Cardholder C
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Licensee Name:
DBA:
Sales Tax id:
PEEDWAY SUPERAMERICA LLC
SPEEDWAY SUPERAMERICA STORE
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Restaurarrt (A) - 0-12 seats
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False Alarms
15917 SPEEDVI+AY SUPERAMERICASPEEDWAY SUPERAMERICA False Alarms
U SPEEDW?.Y SUPERAPaSERICASPEEDWAY �UPERAAdERICA Faise Alarms
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15917 SPEEDVVAY SUPERP,MERICASPEEDWAY SUPERA�v1ERICA Alarm Permfl (Renew) P,ctive
0 SPEEDINAY SUPERAtv1ERICASPEED'WHY SUPERAMERICA Matt Off Sale Aetive
Retail Fd (C) - Grocery 1 �01-3000 Active
10-789
License f
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Street #:
Street Name:.
SYreet Type: j
Unfl Ind �
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State: ,
Ward. I
Dist Council: p
Licensee:
DBA:
Sales 7ax Id:
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Unit # {
;T PAUL
{N Zip: 55105
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�EEDWAY SUPERAMERICA LLC
�EEDWAY SUPERAMERICA STORE
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�67680 Bus Phone: 937)863-7191
v SuVtftAMERICA LLC
Y SUPERAMERiCA STORE
� 8ond � RequiremeMs �
Praject Faciidator: ASUNqON CORINNE �±
Adverse Action Comments
Ur012008 CF #07-967 - Change in license type from
estauraM-Ato Restaurar�t-1. LAB
4f1012DD3 LC331 A- change in ficense type from
---....,,..._.,_._:��._.�,,., ,...---....,,,,,,,,,,,,,,
License Group Commerrts:
SM 8n010 To CAO for adverse action. CAR
SM 32010 CN10098795 Failed aicohol compliance
heck conducted by SPPD. $500 matrix penatly, counts
s first violation.CAR
8t31 t2009 Serit congrs�uiation letter for passing liquor
Licensee Oro5720�5 KEEP STORE # OFF OF THE D6A.
CommerAs: HIS PATRON HOLDS ALL SUPERAMERICA ,
TORES IN THE C1TY OF ST PAUL.
. 7,�AI;1[V1� ft�orm ronnhr�r'm�. r.P.,} r.�h
License 7ype Class �ft�ciive Expirat3on Condr7ior,s License Fee
F�IseAlarms R 01l0112D05 12r31C10�5 ; N gpoo
False Alarms R 01 N1 J20D4 12t31 C10D4 N $0.00
FalseAiarms R 01/0112D09 12l31J2009 N $0.00
Licet�oss # f380�01476
Save Chsnges to Hlstory
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License Licensee
Lice�see Name:
DBA:
Sales Tax Id:
AA Corrtract Rec'd:
A.4 Fee CollECted:
Other
WILLIAM
TODD
CLAYTON
Other 01N1l1998OOJOONOO�BAUER
Other 01 N1 f199800N0/OOOiPEP,RIGO
Other 01N1/1998OOA]ONOO�BLESKE
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�q Rgency Name ! License Type LioensQ # Ezpirat
iis Licensee
Adi+re lnact�va La�t Nam� First t�ame
Licensee PEEDWAY SUPERAMERICA LLC
DBA PEEDWAY SUPERAMERICA STORE
5i ow�se t
_ $
Properties... e
Financial Hold Reasons
Rsason Active Date
M
Mail License To. —
TiHe Bu�. Phone � �
�=.I �' Mail To corltad
. ��- i
1 ` d' License Addres:
STORE MANA!(651) 695-9384a
STORE MANA�(651) 646-4689Fi Mail Invoice To: —
STORE MANA�(651} 222-7216iF�t• � C: Mail To CoMact
� � I �' License Addres:
Cn�act Rroperties... �
License a� �80D01476
saue cnanges to Hfstory
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EXHI�IT
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� Lic. Types I Insurance � Bond 1 Requiremer�ts �
Y SUPERAMERICA LLC
Y SUPERAMERICA STORE
v Non-Profit: � Worker's Comp: 1 ro1 f2010
7 AA Training Rec'd: ON�ND00
7 Discourrt Rec'd: (�
10-789
DAT'E�!
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ESTABLISffi�NT
VIC�
CH�CF�R � I DOS �
WHAT DID THEY TRY TO
SERVER
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DATE OFBIItTH � 6d' ' C3� HEIGHT WEIGHT RACE
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PICTL'RE T.4K�2<T YES/NO IDENTIFICATION TYPE .—
11�TAGER
LAST NAIvi� FIRST MIDDLE
DATE OF B1RTH U� ��G'��` ��� �-
AbDRESS CITY STATE=
PHOn'E: P,'ORI{ ( )�S `� � , HOME ( ) OTgER ( )
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10-789
Saint Paul Police Departmer Page '°'=
C�€�fGf��L C�C°��(��� / If�E�����T F�E��€��
Compiamt Number Re%rence CN Date and T�me of Repor,
10098795 05/14/2010 13:50:00
Pnmary o7fense.
LIQUOR LAW-FURNISHI(�G LIQUOR TO A MINOR
PnmaryReportingONcer SCh02n,D8VidA Nameollocation/business:
Pnmary squad: 7g2 Location o/incidenf g25 GRAND AV
Secondaryreportrngo�cer ST PAUL, MN 55105
appro�er. Schoen, David
Distnch �qlestern Date 8 time o/occurrence. 05/13/2010 18:46:00 �o
Sde OS/13/2010 18'46:00
Anesl made
Secondary oNense
Podce Off�cerASSauI(ed o� Injured Police O�cerASSisted Suiade:
Cnme Scene Processed
OFFENSE DETAtLS
LIQUOR LAW-FURNISHING LIQUOR TO A h41NOR
Attempf Onty Appears to be Gang Re/afed:
MAMES
Suspect Cham, Lamin
1036BURGESS
KNOWN ST PAUL, MN 55103
Nicknames or A/iases
Nick Name
Al�as
AKA Frrst Name.
Details
Sex. Male
Phones
Home
Wo�k
Emplo yment
AKA Lasf Name:
Race Black �oe 3/3/1973
Hispanic Age. 37 from
Cel/:313-615-1412 Contact
Fax. Pager
R7
Occupation:
Employer.
Res�dent Status
"" — 1
10-789
Saint Paul Police Departmer PagE z°'3
QF�[�E€�.�� ����f��� / f���E�Et�� �.�F����
Complamt Number Reference CN Date and T�me ol kepod
10098795
Pnmary oHense
LIQUOR LAW-FURNiSHING LIQUOR TO A MINOR
05/14/2010 13:50:00
Identificafion
SSN
Phys De scription
US
Heighf to
We�ght ta
reern
ONe I nf o rmafion
Arrested.
DUI
CondiGon.
Hair Lengfh
Facial Ha�r.
Blood Type.
Violated Resfrainmg Order
Medical release obfamed�
License or lD�.
Metnc:
Build:
Skin.
Eye Cobr.
Pursuit engaged:
Resistance encounteretl.
Taken to health care lac�Uty:
Han Color.
Hair Type
SOLVABILITY FACTORS
Suspect can be IdenGfied
Photos Taken
Evidence 7urned In
Related Incident.
Lab
B�oloqical Anatys�s:
Narcotic Analysis
Lab Commenfs'
Participant:
Person Type.
Suspeci
By
Stolen Property Traceable
Property Tumedln:
Name:
Cham, Lamin
Fi�gerprints Taken:
Items Fingerprinted�
Address:
1036 BURGESS
ST PAUL, MN 55103
�
Phone:
Ii I\'i' m �
I, Sgt Dave Schoen, am assigned to the Vice unit. On this date, Off. Holter and I conducted a series of aicohol
compliance checks. We used Checkers # 9, and # 38 with date of births of 05/28/91 & 10/23/91 respectively
Both Checkers had valid pictured drivers licenses, with bold red highlighted printing indicating they were
'under21' next to their picture. We have used both Checkers in the past and they were trained to be honest,
courteous, and to never be deceptive about their age. The Checkers were given an electronic transmitting
device so the O�cers can monitor their conversations.
L�cenSe Stafe.
On 5-13-10, at approx. 1846 hrs., we went to the Super America, 925 Grand, Checker # 9 entered the store
and purchased a 6 pack of Bud Light beer. The Checker returned to our un marked Dodge Durango and gave
10-789
Saint Pau1 Police Departmer
Pa9e 3 ot 3
�E�[�`a[��,� C��F�t��� / [f��[C�E�� ������`
Complaml Number Reference CN Dafe and T�me o1 Repod
10098795
Pnmary oflense�
LIQUOR LAW-FURNISHING LIQUOR TO A(VIINOR
05/14/2010 13:50:00
me the beer and the change from our previously recorded $20.00 bill that was used to make the purchase.
The Checker described the cashier to Off. Holter and I because they were two. Off. Holter and I entered the
store, identified ourselves as po�ice officers and informed the cashier that he had just sold beer to an under
aged customer. The cashier verbaily identified him self ( and I later confirmed via the DVS web site) as: Lamin
Cham, 03/05/73. Cham stated he scanned the ID and it passed. I again showed him the Checkers iD, the
shift manager, Mou Cole, who was now present, toid Cham he needed to enter the DOB manuaily Cham was
confused and again swiped the ID and nothing happened. Cole looked at me, I told Cole he would have to
retrain Cham.
I returned the beer and change, and Cham gave us the same $20.00 bill that the Checker had used
We photographed Cham and the beer, I provided my business card and told them city licensing would be
sending them a letter about the incident.
PUBLIC NARRATIVE
Aicohol Compliance Check.
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10-789
SAIHT
YAOL
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���R
May 20, 2010
CITY OF SAI(�T PAUL
ChnsfopherB. Coleman, Mayor
NOTICE OF VIOLATION
William Bauer, Store Manager
Speedway Superamerica Store
925 Grand Avenue
St. Paul, MN 55105
OFFICE OF THE CITY ATTORNEY
GeraldT. Hentlnckson, CrtyAtfomey
Civil Division
400 City Hall
75 West Kellogg Blvd
Saint Paul, Mmnesota 55102
Telephone. 651 266-87 7 0
Facsimde: 651298-5619
RE: All licenses he]d by Speedway Superamerica LLC, d/b/a Speedway Superamerica Store for the premises
located at 925 Grand Avenue in Saint Paul.
License ID #:1998Q001476
Dear Mr. Bauer:
The Department of Safety and Inspections (DSI) will recommend adverse action against al] licenses he]d by
Speedway Superamerica LLC, d/b/a Speedway Superamerica Store for the premises located at 925 Grand Avenue
in Saint Paul, based on the following infortnation:
On May 13, 2010, at appro�cimately 7:46 p.m., Saint Paul Police conducted a liquor compliance
check at Speedway Superamerica Store located at 925 Grand Avenue (CN #10-098-795). The
officers used under aged checkers who had valid picture identification with boid red highlighted
print indicating they were "under 21" next to their picture.
�ne of the under aged checkers entered your establishment and purchased a six (6) pack of Bud
Light Beer. The checker returnecP to the vehicle and gave the of�cer the beer, receipt and the
change from the purchase. �'he checker described the cashier to police because there were two
working that night.
T'he officers then entered your establishment and after identifying themselves as police of�cers,
informed the cashier that he had just sold beer to an under aged customer. The checked stated
that he had scanned the ZT3 and it passed. The officer showed the cashier the identification the
checker used to purchase the beer. The manager came up to the counter at that time and told
the cashier he had to enter Yhe B.�.B. manually. The cashier appeared confused and swiped the
ID and nothing happened. 'Fhe officers told the manager that he needs to retrain the cashier.
Sale of alcohol to an underage person is a violation of fVdinn. Stat. §340.4.503 and Saint �aut
Legislative Code §a10.0� (a) (I).
EXHI�IT
D �— �
�
10-789
Speedway Superamerica Store
May 20, 20I0
Page 2
Per Saint Paull,egislalive Code §409.26(b) (3) the licensing office will recommend a�500.00 matrix penalty.
At this time, you have three options on how to proceed:
You can pay the recommended $500.00 matrix penalty. If this is your choice, you should make payment
directly [o the Department of Safery and Inspections, at 375 Jackson Street, Suite 220, St. Paul, Minnesota
5510 7 -1 806 no ]ater than Tuesday, June 1, 20I0. Information should be directed to the attenvon 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 aze entitled.
2. If you wish to have a public hearing before the Saint Paul City Council, you wil] need to send me a letter with a
statement adm�tting the facts requesU�g a public hearing. We will need to receive your letter by Tuesday,
June 1, 2010. The matter will then be scheduled before the City Counci] for a public hearing to detemvne
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 behalf.
3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At thai hearing
both you and the City will be ab]e to appear and present wimesses, evidence and cross-examine the other's
witnesses. The St. Pau] City Counci] will ultimately decide the case. If this is your choice, please advise me
no ]ater than Tuesday, 3une 1, 2010, and I wiU 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 witl be placed on the City Council Consent Agenda for
approval of the recommended penalty.
If you have questions about these options, please fee] free to contact me at 266-8770.
Sincerely,
! �:.ilA.t/u.�.G � �/✓' �'
Rache] Tiemey
Assistant City Attomey
ca Christine Rozek, Depury Director of DSI
Sharon Stevens, License Contact, Speedway Superamerica, LLC, P.O. Box 1580, Spnngfield, OH 455�]-7 580
David Regan, Executive Director, Grand Avenue Business Association
867 Grand Avenue, SL Paul, MN 55105
> , �;:4.�:.:,
;
.��z:°:.�. _ .n,.:.,,.,�„__:
[LIarF.��
STATE OF MINNESOT ' �
, ss
COUNTY OF RAMSEY )
AFFIDAVIT OF SE�_ lICE 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:
William Bauer, Store Manager
Speedway Superamerica Store
925 Grand Avenue
St. Paul, MN 55105
Sharon Stevens, License Contact
Speedway Superamerica, LLC
P.O. Box 1580
Springfield, OH 45501-1580
David Regan, Executive Director
Grand Avenue Business Association
867 Grand Avenue
St. Paul, MN 55105
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St Paul, Minnesota.
L�-�.�
Juli aus
Subscribed and sworn to before me
this�`�day of May, 2010
�� f�' ( • i ,tr��
Notary Pub�
RITI! A�. BOSSARD
lqTARYPUBLIC• MINNESOTR
MV COMMISSION
DCPIRES JAN.31,2015
!�m?�m� a. �
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10-789
' ' ���� � ����� ��n ���. ��.�1 Jf�Jnl\IL/111VI1
s:rcoaor[i
i-635 P 02/D2 f-509
�������'
.�"�� SUPER,�./�ERIC�
May 28, �oio
Via Facsimil�
City of Saint Paul — Civil Division
Attn: Rachel 1�erney, Assistant CityAttorney
40o City Hall
ss West Kellogg Boulevard
Saint Paul, MN 55io2
R.E: Superrlmerica #qgYg
925 �rand�uercue, Saint�aul, MN Sslo�
JenmterA Blessing
Pzralegal
l.aw Organi2ation
Speedway SuperAmerica LLC
Speedway Of({c¢
P-0. Box 1500
Springfield, Ohw 4550t
Telephone 937-863 6a64
Fax 937-863•6�27
JABlessing@SSALLC corr�
Dear Ms. Tierney:
Speedway SuperAmerica LLC ("SSA°) received the Notice of Violation dated May ao,
2oio from your office on May a6, 2oio.
This letter is to notify your office that SSA respectfully requests that a hearing before an
Administrative Law Judge be set for a later date.
SSA will be represented in this matter by Mr. David Aafedt of Winthrop & Weinstine PA.
Please direct all further communications in this matter to Mr. Aafedt's attention.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-46'9
Office: (612) 604-6447
Fa�c: (6iz) 604-6847
Thank you for your time and attenrion.
Sincerely,
SPEEDWAY SUPERAM�RICA LLC
` �C�i'�'�`� Q �����''�
JenniferA. Blessing
Paralegal
�
10-789
WINTHROP WEINSTINE
ATTOAVEYSAVD COIINSFLO0.�AT LAW
July 7, 2010
The Honorable M. Kevin Snell
Office of Administrative Hearings
600 North Robert Street
Post Office Box 6462a
St. Paul, MN 55164-0620
m.kevin.snell@state.mn.us
Rachel Tierney, Esq.
Assistant City Attomey
Civil Division
400 City Hall
15 West Kellogg Boulevazd
St. Paul, MN 55102
rachel.rierney@ci.stpaul.mn.us
Da.�d bf Aakedt
Dire�.K DiaL (612) 604-6447
D"vett Fmc: (612) 604-6547
daa£ed�w�niJvop.tom
VIA ELECTROIVIC MAIL
AND U.S. MAIL
VIA ELECTRONIC MAIL
AND U.S. MAIL
RE: City of St. Paul — Liquor License Violarions/Speedway SuperAmerica
Deaz Judge Snel] and Ms. Tierney:
Pursuant to my telephone conference with Ms. Tierney eazlier today, please be advised that
Speedway SuperAmerica hereby withdraws its hearing request, which is presently set for
Monday, 7uly 12, 2010.
In lieu of the contested case hearing before Judge Snell, Speedway SuperAmerica respectfully
requests that it be placed on the City CounsePs calendar for a public hearing.
Thank you.
Very truly yoars,
P & WEINSTINE, P.A.
/
�avid M. Aafedt
DMA/msw
cc: Betsy A. Friedlander, Esq., via e-mai(
Jennifer Blessing via e-mail
5337936v1
CnvsiuTOwrx � Surte3500 � 1255o�d�5u�5trat � MumrapoLs,MN55402-4629 � M.vH (61])609-6400 � Fnx:(61])604-6800 I www.wativop.cwn � AProfssamalAzronanon
10-789
MINNESOTA STATUTES 2009 340A.503
340E9.503 PERSONS UNDER 2I; ILLEGAL ACTS.
Subdivision I. Consumption. (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 parent 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:
(I ) to se11, barter, furnish, 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 alcohotic 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 years to purchase or procure any alcoholic
beverage, or to lend or knowingly perm�t 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 purchasing 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 ( I) that the defendant is the parent or guazdian 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 untawful for a person under the age of 21 years to possess any
alcohol�c beverage with the intent to consume it at a place other than the household of the person's
parent or guard�an. Possession at a place other than the household of the parent or guardian creates
Copyright OO 2009 by Ihe Revisor ot Statutes, S[ate of Minnesota. All Aighis Reserved,
10-789
3 MiNNESOTA STATUTES 2009 34QA.503
that the form of identification has been altered or falsified or is bemg 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. Z[Repealed, 1984 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 arr 5 s 2-4, 1991 c 68 s 1, 1991 c 249 s 20, 1993 c 397 s 21; 1993 c 350 s 13;
199�F c 61 S s 21; /995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; /996 c 442 s 29; 1 Sp1997 c 2 s
57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 13] s 7
Copynghi O 2009 by ihe Revisor of Stalutes, State of Minnesota. All Righis Reserved.
10-789
Chapter 3 J 0 Uniform License Procedures
Sec. 8'f0.05. tiearing proced�res.
Page 1 of 5
(a) Adverse actron; notice and hearing requirements. In any case where the council may or
intends to consider any adverse action, including the revocation or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the
appiicant or licensee shall be given notice and an opportunity to be heard as provided herein.
The council may consider such adverse actions when recommended by the inspector, by the
director, by the director of any executive department estabiished pursuant to Chapter 9 of the
Charter, by the city attorney or on its own initiative.
(b) Notice. In each such case where adverse action is or will be considered by the council, the
applicant or licensee shall have been notified in writing that adverse action may be taken
against the license or application, and that he or she is entitled to a hearing before action is
taken by the councii. The notice shall be served or mailed a reasonable time 6etore the hearing
date, and shall state the place, date and time of the hearing. The notice shall state the issues
involved or grounds upon which the adverse action may be sought or based. The council may
request that such written notice be prepared and served or mailed by the inspector or by the city
attorney.
(c) Nearing. Where there is no dispute as to the facts underlying the violation or as to the facts
establishing mitigating or aggravating circumstances, the hearing shall be held before the
council. Othenvise the hearing shall be conducted before a hearing examiner appointed by the
council or retained by contract with the city for that purpose. The applicant or the licensee shali
be provided an opportunity to present evidence and argument as weil as meet adverse
testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing
examiner may in its discretion permit other interested persons the opportunity to present
testimony or evidence or othenvise participate in such hearing.
(c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be
presented on behalf of the city and the applicant or licensee, and shall present to the councii
written findings of fact and conclusions of law, together with a recommendation for adverse
action.
The councii shall consider the evidence contained in the record, the hearing examiner's
recommended findings of fact and conclusions, and shail not consider any facYual testimony not
previously submitted to and considered by the hearing examiner. After receipt of the hearing examiner's
findings, conclusions, and recommendations, the councii shall provide the applicant or licensee an
opportunity Yo present oral or written arguments alleging error on the part of the examiner in the
appiication of the Iaw or interpretation of the facts, and to present argument related to the
recommended adverse acYion. Upon conclusion of that hearing, and after considering the record, the
examiner's findings and recommendations, together with such additional arguments presented at the
hearing, the council shail determine what, if any, adverse action shall be taken, which action shail be by
resolution. The council may accept, reject or modify the findings, conciusions and recommendations of
the hearing examiner.
(c-2) Ex-parte contacts. If a license matter has been scheduled for an adverse hearing,
council members shall not discuss the license matter with each other or with any of the parties
or interested persons involved in the matter unless such discussion occurs on the record during
ihe hearings of the matter or during the council's final deliberations of the matter. No interested
person shall, with knowiedge that a license matter has been scheduled for adverse hearing,
convey or attempt 4o convey, oraliy or in writing, any information, argument or opinion abouY the
matter, or any issue in the matter, to a council member or his or her staff untii the council has
taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry
or communications regarding status, scheduling or procedures concerning a license matter. An
interested person, for the purpose of this paragraph, shall mean andinclude a person who is an
10-789
Chapter 310. Uniform License Procedures
Page 2 of 5
officer or empioyee of the licensee which is the subject of the scheduled adverse hearing, or a
person who has a financial interest in such licensee.
(d) Licensee or applicant may be represenied. The licensee or applicant may represent
himself or choose to be represented by another.
(e) Record; evidence. The hearing examiner shall receive and keep a record of such
proceedings, including testimony and exhibits, and shall receive and give weight to evidence,
including hearsay evidence, which possesses probative value commonly accepted by
reasonable and prudent persons in the conduct of their affairs.
(f) Counci! action, resolution to contain findings. Where the counci! takes adverse action with
respect to a license, licensee or applicant for a license, the resolution by which such action is
taken shali contain its findings and determination, including the imposition of conditions, if any.
The council may adopt all or part of the findings, conclusions and recommendations of the
hearing examiner, and incorporate the same in its resolution taking the adverse action.
(g) Additiona/ procedures where required. Where the provisions of any statute or ordinance
require additional notice or hearing procedures, such provisions shall be complied with and shall
supersede inconsistent provisions of these chapters. This shall include, without iimitation by
reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes,
Section 340A.415.
(h) Discretion to hear notwithstandrng wrthdrawal or surrender of application or ficense. The
council may, at its discretion, conduct a hearing or direct that a hearing be held regarding
revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or
purported to withdraw or s�rrender said license or application, if the attempted withdrawal or
surrender took place after the appiicant or licensee had been notified of the hearing and
potential adverse action.
(i) Continuances. Where a hearing tor the purpose of considering revocation or suspension of
a license or other disciplinary action involving a license has been scheduled before the council,
a continuation of the hearing may be granted by ihe council president or by the councrl at the
request of the licensee, license applicant, an interested person or an attorney representing the
foregoing, upon a showing oi good cause by the party making the request.
(j) If the council imposes an adverse action as defined in section 310.01 above, a generic
notice of such action shali be prepared by the license inspector and posted by the licensee so
as to be visible to the public during the effective period of the adverse action. The licensee shall
be responsible for taking reasonable steps to make sure the notice remains posted on the front
door of the licensed premises, and failure to take such reasonabie precautions may be grounds
for further adverse action.
(k) Imposition of costs. 7he councii may impose upon any ficensee or license applicant some
or ail of the costs of a contested hearing before an independent hearing examiner. The costs of
a contested hearing include, but are not limited to, the cost of the administrative law judge or
independent hearing examiner, stenographic and recording costs, copying costs, city staff and
attorney time for which adequate records have been kept, rental of rooms and equipment
necessary for the hearing, and the cost of expert witnesses. The council may impose all or part
of such costs in any given case if (i) the position, claim or defense of the licensee or app�icant
was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or
harassment; (ii) the nature of the violation was serious, or involved violence or the threat of
violence by the licensee or employees thereof, or involved the sale of drugs by the ticensee or
employees thereof, and/or the circumsta�ces under which the violation occurred were
aggravated and serious; (iii) the violafion created a serious danger to the pubiic health, safety or
welfare; (iv) fhe violation involved unreasonable risk of harm to vulnerable persons, or to
persons for whose safety the licensee or applicant is or was responsible; (v) the appiicant or
licensee was sufficien4ly in control of 4he situa4ion and therefore could have reasonably avoided
fhn v�nl�finn ciinF� oe h�ii nn1 IimilnrJ In I4.n ....n..nvmr.nl r.6 n rnivnrnd �..., __ e�_ �_.i.. .
10-789
Chapter 310. Uniform License Procedures
Page 3 of 5
required insurance poficies; (vi) the violation is covered by the matrix in section 409.26 oi the
Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor.
(I) Imposition of tines. The council may impose a fine upon any licensee or license applicani
as an adverse license action. A fine may be in such amount as the council deems reasonabie
and appropriate, having in mind the regulatory and enforcement purposes embodied in the
particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in
the sole discretion of the council. To the extent any other provision of the Legislative Code
provides for the imposition of a fine, both provisions shall be read together to the extent
possible; provided, however, that in the case of any conflict or inconsistency, the other provision
shalt be controlling.
(m) Presumptive penalfies for certain vio/ations. The purpose oi 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 ail license types, excepi that in
the case of a violation involving a liquor �icense § 409.26 shall apply where a specific violation is
listed. in the case of an adverse action filed for a violation of chapter 331A, the ficensee shafl 6e
given a fine for each individual violation ot § 331A. The total fine amount for violations ot § 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 councii finds
and determines that there exist substantial and compelling reasons making it more appropriate
to do so. When deviating from these standards, the council shali provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Type of Violation
(1) Violations of conditions
placed on the license
(2) Violation of provisions of
the legislative code relating
to the licensed activity
(3) Violation of provisions of
the Iegisla4ive code relating
to the licensed activity,
other than violations of the
food code
(4) Failure to permit
entrance or inspection by
DSI inspector or police
(5) Commission of a crime
other than a felony on the
premises by a licensee or
(6) Commission of a felony
on the premises by a
licensee or employee
(7) Death or great bodily
harm in establishment
...i..�...�! rn �iinlotinn nf I��nr nr
1 st 2nd
$500.00 fine $1,000.00
fine
$500.00 fine $1,000.00
fine
$500.00 fine
5-day
suspension
$700.00
$2,000.00
3o-day
ci ienoneinn
$1,000.00
fine
10-day
suspension
$1,500.00
Revocation
60-day
ci icnoneinn
3rd
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
i 5-day
suspension
5-day
suspension
n/a
Revocation
4th
Revocation
Revocation
Revo�ation
Revocation
Revocation
n!a
n/a
10-789
Chapter 3] 0. Umfarm License Procedures
license conditions
(8) Failure to pay Iicense
fees
(9) Critical violations under
331A
Revocation
$250.00
$1,000.00, 5-
$500.00 day
suspension
(10) Non-criticalviolation $�50.00 I $250.00 $500.00
under331A
(i) Fines payable without hearing .
Page 4 of 5
Revocation
$1, 000.00
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a councii hearing, unless 4he
notice oi 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 wili 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 without a hearing regardless of how many prior appearances that 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 entitied, and will be considered an
"appearance" for the purpose of determining presumptive penaities tor
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department ot Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multipie 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 licensee under the administrative procedures act
up to and including the Sormaf notice of hearing. The council in that case shall consider
the presumptive penaity for each such violation under the "tst Appearance" column in
paragraph (b) above. The occurrence oi multiple violations shali be grounds for
departuse from such penalties in the councii's discretion.
(iii} Violations occurring after fhe dafe of fhe notice of hearing. 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 administraYive 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 shali 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 shail be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the councii. The same procedures shall apply to a second, third or
fourth appearance betore the council.
(iv) Subsequenf appearances. Upon a second, third or fourth appearance before the
cou�cii by a particular licensee, the council shali impose the presumpiive penalry for the
violation or violations giving rise to the subsequent appearance withouf regard to the
particular vioiation or violations that were the subjec4 of the first or prior appearance.
10-789
Chapter 310. Uniform License Procedures
Page 5 of 5
However, non-criticai 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 33tA.
(vj Computafron of time.
(1) If a licensee appears before the council for any violation in paragraph {m)
where that violation has occurred within hvelve (12) calendar months after the
first appearance of the same licensee for a viofation listed in paragraph (m)
above or section 409.26, the current appearance shall be treated as a second
appearance for the purpose of determining the presumptive penalty.
(2) If a iicensee has appeared before the council on two (2) previous occasions
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation listed in paragraph (m), and ii the
current violation occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the councii, then the current appearance
shal{ be ireaied 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 listed in paragraph (m) or section 409.26, and if
said licensee again appears before the council for a violation contained in
paragraph (m), and if the current violation occurred within twenty-four (24)
calendar months of the viofation 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 twenty-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 seco�d appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shail be counted as a third appearance regardless of
how much 4ime has passed since the first or second appearance.
(Code i956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ i, 6-13-89; Ord. t�o. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; GF. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-13-94; C.F. No. 95-473, § 4, 5-31-35; C.F. No. OS-180, § 1, 4-6-05; C.F.
No. OS-954, § 1, 11-8-06; C.E. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. D7-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)
Chapter 410. - Nonintoxicating Malt Liquor
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St. Pauf, Minnesota, Code of Ordinances » PART II - LEGISLATIVE CODE » Title XXIX -
LICENSES » Chapter 410. - Nonintoxicating Malt Liquor »
I Chapte_r 410. - Nonintoxicati� Malt Liguor
Cross reference—Liquor and beer regulations generolly, Title XXIV; intoxicating liquor, Ch. 409; use of beer antl intoxicating liquor
prohibitetl in motion picture drive-in theatres, § 4t6.06(b).
Sec 410 01 - License reGUired_ definitions_ exceptions
Sec 4t0 02 -Fees-
S 4t 003 -Li censn�7c requirementg
S_ec 4t00_3_5 re uirements
Sec 4t0_04..-Re9Wations
Sec 410,045_ _$afetvinon_sale_e_stabl_ishments
Sec. 4t0 05 - Certa_Ln sexual conduc_t pmhibrted
Sec 4t0 O6 - RestricLO o n licenses.
Sec_ 470 07_ = Transfer of license, change m service area
Sec_ 410 08 - Violations rey_oried_
Sec 4t009 -Erpp�oyees'owners eLSp_ongibiliry
Sec 4� 0 10 = Temoora rv on-sale been c�_ens_e_
Sec 4�0 11 _Licenses for municipalgolf courses
Sec 41012__Revocation s�enswn fine_
� Sec. 410._01, - License required; definitions; exceptions.
(a)
(b)
(c)
(d)
(e)
��
No person shall sell nonintoxicating malt liquors at retail in Saint Paul without a license.
On-sale licenses shall permit the licensee for the sale of said nonintoxicating malt liquors to sell such for
consumption on the premises. On-sale licenses shall be granted only to restaurants, hotels, bona fide
clubs, establishments for the exclusive sale of nonintoxicating malt beverages and establishments
licensed for the exclusive sale of intoxicating liquors. The term "bona fide clubs" shall include private
clubs licensed under former Chapter 404 of this Code so long as they meet the requirements of
Minnesota Statutes, Section 340A.101, subsection 7
Off-sale licenses shall permit the licensee of such nonintoxicating malt liquors to sell same in original
packages for consumption off the premises only.
Nothing herein contained shall be construed to prohibit the sale and delivery in original packages
directly to the consumer by the manufacturer or distributor of nonintoxicating malt liquors.
No off-sale license shall be issued for any place where nonintoxicating malt beverages shall be sold for
consumption on the premises.
"Nonintoxicating malt liquor" is any fermented malt liquor, potable as a beverage, containing not less
than one-half of one percent (Y� of 1%) alcohol by volume nor more than three and two-tenths (3.2)
percenl alcohol by weight.
(Code 1956, §§ 3f0.01, 3f0.17, 3f0.20; Ord. No. 17676, § 8, 844-89)
� _Sec, 410.02, - Fees.
The fee required for a license shall also be established by ordinance as specified in section 310.09(b) of
the Saint Paul Legislative Code.
(Code 1956, § 310.03, Ord. No. 16843, f0-20-81; C.F. No. 99-527, § 1, 7-7-99J
� Sec, 410,03. - Licensing requirements.
� Application. Any person desiring either of the licenses as hereinbefore described shall first make an
application therefor to the council of [he City of Saint Paul by filing with the inspector of said city for
presentation by him to the councii of an application in writing therefor, which said application shall set
forth with reasonable accuracy the name and place of residence of the applicant; the exact location of
the place at which the applicant proposes to carry on the business of selling nonintoxicating malt liquors;
and whether or not he has a1 any time previous 10 the date thereof been engaged in said business or in
the business of selling foodstuffs in the City of Saint Paul, and if so, when and where. Said application
t,r,,..in;�...,.-.,..,,,,,:,.,,ao,.,.,,,iu�rrmiinn�ine.,oi�mrr �rvvrv rnin�,.,,,i �iici�nin
Chapter 410. - Nonintoxicating Malt Liquor
10-789
Page Z of 9
shail be signed by the applicant i� person or by an officer of the club seeking said license or by an officer
of the corporation seeking said license, and when received by the inspector shall be by him placed on
file, and the name of the applicant shall be by him registered in a book of registration to be kept in the
office of said inspector for that purpose; provided, however, that said inspector shall not receive such
application or register the name of said applicant unless the appiication is accompanied by the fee
required by section 410.02.
(b) Reserved.
(c) No license afrer conviction: underage. No license shall be issued, consistent with and sub�ect to
Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crime involving the
manufacture, sale, distribution or possession for sale or distribution of intoxicating or nonintoxicating
liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions 1(1), 1(3) and 2. No
license shail be issued to any person who is not at least twenty-one (21) years of age_
(d) Exception if compliance with other bonding requrrements. For those applicants also applying for or
already having an on-sale wine license pursuant to section 409.15, compliance with the bonding
requirements of seciion 409.06(j) satisfies the bonding requirements of paragraph (d) of this section.
(e) Investrgation. The applicant shall permit representatives of the department of police and the department
of safety and inspections to inspect and examine the place of business described in the application,
together with all the appliances and instruments used or fo be used in the transaction of the business for
which the license is sought, and any refusal on the part of such applicant to permit such inspection shall
be deemed as su�cient ground upon which the council shall refuse to issue the license applied for.
(fl License within three hundred (300) /eet of another license. No license shall be issued for off- sale 32
percent malt liquor for any location which is within a radius of three hundred (300) feet as measured from
property line to property line of any existing establishment with a license to sell off-sale 3.2 percent malt
liquor
(1) The council may waive the restrictions set forth in paragraph (f) above relating to distance if it
makes findings that such a license is not inconsistent with the health, safety, morals and general
welfare of the adjoining neighbors or community. Factors which may be considered include, but
are not limited to the following: the fikefihood of increased noise, traffic, (itter, loitering or unlawful
behavior by patrons of the establishment, excessive artificial lighting, substantial decrease in
adjoining property values, and the extent to which any of the potential problems can be addressed
by conditions on the license.
(2) An establishment holding a valid license on the effective date of this amendment shall not be
affected by this limitalion, but shall be entitled to have such license renewed so long as they are in
compliance with all o[her requirements of law and there exist no grounds for adverse action
againstsuchlicense.
(g) License near school or church. No license for on-sale nonintoxicating malt liquors shall be issued for any
premises, except for a restaurant as defined in section 409.15 having an on-sale wine or intoxicating mali
liquor license, located within three hundred (300) feet from any public or parochial school, church or
synagogue, said three hundred (300) feet being calculated and computed as the distance measured from
the property line of the premises or building proposed as the location for the nonintoxicating malt liquor
license lo the property line of any school, church or synagogue in the area for which the license is
sought.
All licenses in force and effect on November 10, 1962, the location of which license is in conflict with the
prowsions hereof may be renewed or othenvise dealt with in accordance with law, it being the intenl of this
paragraph to be applied prospectively for proposed locations of licenses, and further it being the intent of this
paragraph that the limitations set forth in this paragraph shall in no manner be applicable to any hotel or motel.
Upon written petition signed on behalf of the school, church or synagogue located within three hundred
(300) feet of the proposed location of the license, the council may by a fve-sevenths vote disregard the
provisions of this paragraph insofar as location adjacent to a school, church or synagogue of a proposed license
is concerned.
(h) Public heanng; notices. No new on-sale or off-sale license shail be issued until the councii's committee
designated to hear license matters shall have first held a pubiic hearing on the application. The
notification requirements applicable to change in licensed areas in section 410.07 shall be applicable in
the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve-month period there are reported two (2) or more incidents
involving unlawful use or handling of firearms, assault weapons or knives, as defined in section 225.01,
on any licensed on-sale premises, a public hearing shall be conducted by the council. Any adverse
aciion may be considered by the council pursuant to the hearing provisions of seciion 310 05.
(j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not have any
interest or ownership, in whole or in part, in a business holding a nonintoxicating malt liquor license or in
the license so held, but a manufacturer or wholesaler of intoxicating or nonintoxicating liquor may use or
have property rented for retail nonintoxicating liquor sales if the manufacturer or wholesaler has owned
the property continuously since November 1, 1933. For the purpose of this paragraph the term "interesY':
(1) Includes any pecuniary interest in the ownership, operation, management or profits of a retail
Chapter 410. - Nonintoxicating Malt Liquor
10-789
Page 3 of 9
liquor estabtishment, and a person who receives money from time to time, directly or indirectly,
from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary
interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligations held with or
without security ansing out of the ordinary and regular course of business of selling or leasing
merchandise, fixtures or supplies to the establishment; an interest in a cocporation owning or
operating a hotel, but having at least one hundred fifty (150) or more rental units, hoiding a liquor
license in conjunction therewiSh or ten (10} percent or less interest in any other corporation holding
a license; and
(3) in determining whether an "inierest" exlsts, the iransaction must have been bona fide and the
reasonable value of the goods and things received as consideration for a payment by the licensee
and all other facts reasonably tending to prove or disprove the existence of a purposeful scheme
or arrangement to evade ihe restrictions of this paragraph must be considered.
(k) Nonconform�ng clubs; transrtion. The restrictions and requirements in sections 410.03(g) and 410.04(g)
of this chapter shall noi apply to licenses issued under this chapter to a club which at the time of an
application for an on-sale license held a private club license under former Chapter 404 of this Code for
the same premises for which the on-sale license hereunder is sought or will be issued for so long as the
on-sale license remains at that location and the licensed premises is not enlarged. Such licensed
premises will be deemed a lawful nonconforming use under the zoning code.
(Code 7956, §§ 310A2(a), (c)-(ej, 37�.04, 310.78; Ord. No. 76848, if-12-87; Ord. No. 17774, 70-23-84; Ord. No. 7JY-08, § 1, 6-6-
85; Ord No. 1729Q § 1, 9-10-85; Ord. No. 17551, § 9, 449-88; Ord. No. 17563, § 2, 547-88, Ord. No. 17631, § 2, 1-7-89; Ord. No.
t7657, § I, 6-8-89; Ord. No. 17676, § 9, 8-24-89; Ord. No. 17704, § 2, 1-16-90; C.F. No. 95-479, § 1, 531-95; QF No 99-395, § 1, 6-
76-99; C.F. No. 0542fI, § 1, 1-25-06; C.F. No 07449, § 762, 3-T8-07J
Editor's note-
Ordinance No. 17290, § 1, adopted Sept. 10, 1985, amended § 410.03 by adding a new paragraph (h)
Inasmuch as Ord. No. tt248, adopted June 6, 1985, already enacted provisions herein codified as
paragraph (h), the provisions of Ord. No. 17290 have been redesignated as a new paragraph (i) at the
ediior s discreiion.
Cross reterence-Licensing requirements for establishments seiling intozicating liquors, § 409.06.
� Sec. 410_035. - Insurance requirements.
No license under this chapter may be issued, maintained or renewed unless the licensee or applicant
therefor comp{ies with tfie insurance requirements {mposed by Minnesota Statutes, Section 340A.409. Such
insurance coverage shall comply with the requirements of Minnesota Statutes, Section 340A.409 and Chapters
7 and 8 of this Legislative Code.
(Ord. No. 17796, § T, 12-13-90; C_F. No. 99-719, § 1. 8-25-99)
� Sec. 410.0_4. - Regulations.
(y) Restrictions on mino�s. A minor, as used herein, is any person under the age of hventy-one (21) years.
(1) No licensee, or agent or employee thereof, shali serve or dispense upon the licensed premises
any intoxicating Ilquor 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 shafl such hcensee, ageM or empfoyee permit any minor to be defivered any such
liquors.
(2) No minor shall misrepresent his or her age for the purpose 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 liquorfor the purpose of purchasing or having served or
delivered to him or her for consumptio� 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 fiquor or beer.
(3) No minor shall induce any person to purchase, procure or obtain intoxicating liquor or
nonintoxicating malt Iiquor 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 ldentification Card issued pursuant to Minnesota Statutes, Section
171.07 or, in the case of a foreign national, by a valid passport.
(b)
Chapter 410. - Nonintoxicating Malt Liquor
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Page 4 of 9
Intoxicating lrquor prohibited. It shail 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 empioyees 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 aicohol
and any distilled, fermented, spirituous, vinous or malt liqwd of any kind potable as a beverage, which liqwd
contains an alcoholic content in excess of three and two-tenths (32) percent thereof by weight.
(�) Sa/es prohibited; hours. No such nonintoxicating malt liquors shali be soid 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 mati 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, eslablishments holding on-sale
licenses issued under this chapter may remain open for the sale of food after the hours of sale provided
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 inspedions. 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
requirements in section 409.07.1(c) of the Legislative Code shall apply to extended service licenses
under this chapter.
(c- Extended hours during 2008 Republican National Convention. Notwithstanding the above, between
1) 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 until 4:00 a.m. The RNC 4:00 a.m. permit shail not
allow consumption, display or service of 32 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. permi( under the following
conditions:
(7) Applicant must hold a valid on-sale 32 percent malt liquor license and a license for Sunday sales.
(2) Applicant must hold a valid permit for 2:00 a.m. closing 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 all areas except the downtown development district and commercial development districts,
applicant establishment must have at least two hundred ninety-one (291) seats as determined by
the department of safety and inspections.
(c- Presumptive penalties du�ing the 2008 Republican National Convention. For purposes of the penalty
2) matrix at 310.05(m) of the Saint Paul Legislative Code, the presumptive penalty for esiablishments
found to serve, display, or allow 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 are 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
permitted 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 nearby
premises. The failure of any on-sale licensee using a radio behveen said hours to keep the same from
becoming a nuisance to occupants of nearby premises shall be deemed sufficient cause, in the
discretion of the council, to revoke his license to sell such nonintoxicating malt liquor.
(f) Sales on days of parades. When a licensee is notified by the police depariment that a parade wili 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 parade 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 Iicensee shall reqwre a
person 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; v�sual screen. When an existing building is converted to on-sale nonintoxicating malt liquor
purposes, existing oft-street parking facilities which serve the building shall be provided with a visual
htM-//lihrar�rmnnirnrlarnm/NTAitT/1M(�1/ir+��r+12/PTT TXXTX (`dlllhf.r�l �/1[/7l17l1
Chapter 410. - 1\'onintoxicating Malt Liquor
10-789
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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 (4Y,) and six and one-half (6Y) feet in height and
of sufficient density to visually separate the parking facitity from the ad'}acent residentiai use district. The
screen may consist of various fence materials, earth berms, plant materials or a combination thereof
Access by patrons to the parking facilfty from an adjacent aNey should generally be prohibited.
(h) Sa/e of nonrntoxrcating liquor �egulated. No person shall give, sell, procure or purchase nonintoxicating
liquor to or for any person to whom the sale of nonintoxicating Iiquor is forbidden by law.
(i) Consumption in public place proh�bited. No person shall mix or prepare nonintoxicating liquor for
consumption, or consume it, in any public place not licensed in accordance with this Code and the State
of Minnesota.
Q) 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 wdh nonintoxicating liquor, responsibrlrty 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 subject each licensee to
adverse action against his or her license.
(1) No person, group or association applyi�g for or hold�ng a license under this chapter shall restrict
membership in its club or organization, or restrict access to the licensed premises or any facilities of such
person, group or association, on the basis of race, creed, relfgion, sex, national ongin or ancestry, age,
disability, marital status or status with respect to public assistance. This provision shall not apply to any
religious corporaLOn, association or society wRh resped 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, §§ 3f0.07-3f0.10, 3f0-13, 310.14; Ortl. No. 17014, 4-28-83; Ord. No. 17174, f0-23-84; Ord. No. 17437, § 1, 2-24-87;
Ord. No. 17461. § 1, 5-28-87; Ord. No. 17474, § 1, 7-T-87; Ord. Na. tt657, §§ 1f, 13, 6-8-89; Ortl. No. 17705, § 3, 1-16-30; C.F. No.
934324, § i, if-Y3-93; C.F. No. 94-1659, § 1, 72-28-94; C.F. No. 03-687, § i, 8d3-03; QF. No. 07-149. $ 163, 3-28-07; C.F. No. O8-
608, § 1, 6-15-08/
� Sec. 41 _0.045. - Safety in o�•sale establishmenYs.
This section applies to on-sale I�censes for the sale of nonintoxicating liquor.
(a� Notice to police chief. The licensee shall, wiihin ihiAy (30) days following November 4, 1994, notify the
chief of police in writing if any firearms as defined in section 225.01 of the Legislative Gode are kept on
or within the licensed premises. Such notice shall include a description of each such firearm and the
location where it is kept on the licensed premises. Thereafter, the licensee shall notify the chief of police
if there are any additional firearm or firearms, or changes in the location, number or description of each
such firearm listed in the first notice, kept on or within the licensed premises, within five (5) days following
any such change. The licensee is responsible for ensuring that the notification given to the chief is
updated and accurate with respect to any changes in kind, number or location of firearms kept o0 or
within the licensed premises.
(b) Training. The licensee shall, with respect to all employees who (1 } are authorized to use a firearm on the
hcensed premises and (2) who are not prohibited by law from using such a firearm, provide training in
firearms safety and ihe lawful use of deadly force, as well as in procedures for maintaining order and
peace on the licensed premises by methods other than use of frearms and/or deadly force. The training
required by this subsection shall be acceptable to the chief of police and provided for all existing
employees within ninety (90) days following November 4, 1994, and for future employees within sixty
(60) days following their employment.
(GF No. 94-859, § 3, 10-5-94)
� Sec. 416_O5, - Certain sexua{ conduct prohibited.
The following acts or conduct on licensed premises are unlawfui and shall be punished as provided by
section 1.05 of the Saint Paul Legislative Code:
�� � To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed
premises while such person is unclothed or in such attire, costume or clothing as to expose to
view any portion of the female breast below the top of the areola or of any portion of the pubic
hair, anus, cleft of the buttocks, vulva or genitals.
Chapter 410. - Nonintoxicating Malt Liquor
10-789
Page 6 of 9
(y� To employ or use the services of any hostess while such hostess is unclothed or in such attire,
costume or clothing as descnbed io subparagraph (1 j above.
(3} To encourage or permit any person on the licensed premises to touch, caress or fondle the
breasts, buttocks, anus or genitals of any other person.
(4) To pertnit any empioyee or person to wear or use any device or covering exposed to view which
simulates the breast, genitals, anus, pubic hair or any portion thereof.
(5) To permit any person to perform acts of or acts which simulate:
a. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or
any sexuai acts which are prohibited by law.
b. Masturbation or bestiality.
c. With or upon another person the touching, caressing or fondling on the buttocks, anus,
genitals or female breast.
d. The displaying of the pubic hair, anus, vulva or female breast below the top of the areola.
(6) To permit any person to use artifcial devices or inanimate objects to depict any of the prohi6ited
activities described above.
(7) To permit any person to remain in or upon the licensed premises who exposes to public view any
portion of his or her genitais or anus.
(8) To permit the showmg of films, still pictures, pictures, electronic reproduction or other visual
reproductions depiding:
a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, beshality, oral
copulation, flagellation or any sexual acts which are prohibited by law.
b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.
c. Scenes wherein a person displays the vulva or the anus or the genitals.
d. Scenes wherein artificial devices or inanimate objects are employed to depici, or drawings
are employed to portray, any of the prohibited activities described above.
(Code 1956, § 370.19)
� Sec. 410.06. - Restrictions on licenses.
Where a reasonable basis is found by the council to impose reasonable restrictions upon a license held
under this chapter, the council, upon issuing a new license or renewing a license, may impose reasonable
conditions and restrictions pertaining to the manner and circumstances in which ihe business shali be
conducted to preserve the public peace and protect and promote good order and security. These reasonable
conditions or restrictions may pertain to'
(�� A limitation as to the hours when nonintoxicating malt liquor may be sold and/or consumed on the
licensed premises;
(2) A limitation and restriction as to the exact location within a building where nonintoxicating malt
liquor wdl be served and/or sold and/or consumed;
(3) A limitat+on and restriction as to ihe means of ingress to or egress from the licensed
establishment;
(4) A reqwrement that certain off-street parking facilities be provided;
(5) A condition that the license will be in effect only so long as the establishment remains primarily a
restaurant;
(6) A limitation and restriction as to the means and methods of advertising the sale of nonintoxicating
malt liquor on the building and/or the premises adjacent thereto;
(7) Reasonable conditions limiting the operation of the licensed premises so as to ensure that the
lice�sed 6usiness will comport with the character of the district in which it is located andfor to the
end that nuisances will be prevented.
(Code 7956, § 310.20(b); C.F. No. 95-479, § 2, 5-31-95)
� Sec,_ 410.07. - Transfer of license; change in service area.
�a� No license granted hereunder shall be transferable from person to person or from place to place. No
license granted for a specified part of any particular premises shall permit sales of such liquor on a part
of such premises not specified in the license, or in an area adjacent to such licensed premises; provided,
however, that the license inspector or his or her designee may waive this limitation and allow a
Chapter 410. - Nonintoxicating Malt Liquor
10-789
Page 7 of 9
temporary extension of the liquor service area subject to the following criteria fierein established by the
city council. Failure to make a waiver and/or ailow such a temporary extension is not adverse action and
does not require notice and hearing in the event of denial or inaction:
(1) No such extension shall be for more than a continuous hventy-four-hour period and shall be valid
only at times thai liquor sales are allowed by law;
(2) No licensee shall receive more than twelve (12) such service extensions in any calendar year;
(3) The temporary extended service area can be either indoors or outdoors, but must be immediately
adjacent to the I�censed premises;
(4) Ali business operations on or in the temporary extended service area shall be in compliance with
all other requirements of state law and of this chapter, and in particular shall compty with the
requirements of Chapter 293 of this Legislative Code relating to noise;
(5) The temporary eutended service area, if outdoors, shall be enclosed by a vertical fence or
partition at least four (4) feet in height which allows control of access to and from the liquor service
and consumption area;
(6) The licensee shalf present wRh his or her appiication for permission for a temporary extension
either the written consent or nonobjection of the citizens' district council whose geographical area
encompasses the licensed premises, or a petition containing a statement in writing with the
signatures of sixty (60) percent or more of the owners and occupants of private residences,
dwellings and apartment houses located within two hundred (200) feet of such premises stating
that they have no objeciion to [he granting of such temporary exiension of service area. Ifi such
consent or nonobjection is refused or if such petition fails, the city council may by resolution
authorize the temporary extension of the service area;
(7) The licensee shall notify, at least ten (10) days in advance of the date of the proposed temporary
extension, all owners and occupants who own property or reside within three hundred (300) feet of
the propeRy line within which the licensed establishment is located of the proposed temporary
extension of liquor service. Such notice shall be typewritten and include the location, date and
time of the proposed exiension of liquor service. The notice shafl specifically state: "If any person
has comments about this proposed temporary extension of liquor service, they are encouraged to
telephone the public information and complaint office"; and
(8) The licensee shall be required to apply for each such temporary extension in such form as the
license inspector may require, and the fee for each such application, whether granted or not, shall
be as set forth in section 310.18 of the Saint Pauf Legislative Code.
(b) The transfer of stock i� any publicly held corporation which holds a license shall not be deemed a
tra�sfer within the meaning of this section. The transfer of stock or partnership shares, or changes in
officers or directors, in any other corporation or business entity shall require the corporation or business
entity to apply for and receive a new license in conformity with all requirements relating to the licensee
and the licensed business, but not as to location or premises.
(c) A public hearing is required upon an application for change in licensed area. At least forty-five (45) days
before a public hearing on a transfer or change in licensed area, ihe depariment of safety and
inspections shall notify by mail all owners and occupants who own property or reside within three
hundred fifty (350) feet of the establishment at which the area is to be changed, and all community
organizations that have previously registered with said department to be notified of any such application,
of the time, place and the purpose of such hearing, said three hundred fifty (350) feet being calculated
and computed as the distance measured in a straight fine from the property line of the building where
intoxicating liquor is sold, consumed or kept for sale to the property line owned, leased or under the
control of the resident. A change in licensed area under this section only becomes effective upon
compliance with this section and consent of the council by resolution. The failure to give mailed notice to
owners or occupants residing within three hundred fifty (350) feet or community organizations, or defects
in the notice, shall not invalidate ihe change in sernce area. Change in service area to an outside
location (patio, deck, etc ) will also require payment of an additional license fee which shall be
esta6lished by ordinance as provided in section 310.09(b) of this Code.
(d) The notification requirements of this section shall not be applicable where the change in service area is
in an establishment within the downtown business district. For the purposes of this section, downtown
business district shall include all that portion of the City of Saint Paul lying within and bounded by the
following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to
Pleasant Avenue, Pleasant Avenue to Kellogg Street, Kellogg Street to Summit Avenue, Summit Avenue
to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge,
Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Shepard Road,
Shepard Road to Chestnut Street.
(Code 1956, § 310.06; Ortl. No. 17774, 10-23-84; Ord. No. 17551, § iQ 4•19-88; C.F No. 92-853, § 1, 7-9-92; C fi No. 95-479, § 3,
5-31-95; C F. No. 03-129, § 1, 3-5-03; C.F. No. 07449, § 164, 3-28-07)
� Sec, 410.08. - Violations reported.
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Chapter 410. - Nonintoxicating Mait Liquor
10-789
Page 8 of 9
It is hereby made the duty of the chief of police to notify the city councii whenever any person is
convicted of a violation of this chapter. Such conviction shall be deemed sufficient cause for the city council to
revoke any license issued to such convicted person under this chapter.
(Code 7956, § 310.15)
� Sec. 410.09. - Empioyees; owner's responsibility.
Any act of any clerk, barkeeper, agent, servant or employee, in violation hereof, shail be deemed the act
of the employer and licensee of such place, as well as that of said clerk, barkeeper, agent, servant or employee,
and every such employer and licensee shall be liable to all the penalties provided herein for the violation of
same equally with the clerk, barkeeper, agent, servant or employee.
(Code 7956, § 3f0.11)
� Sec. 41_0_.10, - Temporary on-sale beer license.
� Temporary license; fee. Notwithstanding any other provision of this chapter to the contrary, a club or
charitable, religious or other nonprofit organization in existence for at least three (3) years, or a political
committee registered under Minnesota Statutes, Section 10A.14, may obtain a temporary on-sale license
to sell nonintoxicating malt liquor on the premises specifed in the license, including playgrounds, school
grounds and school buildings. The fee for such license shall be established by ordinance as provided in
section 310.09(b) of the Legislative Code, and shall be paid prior to issuance of the license.
(b) Application. Application for such licenses shall be made on forms provided by the inspector and shall
contain the following:
(1) The name, address and purpose of the organization, together with the names and addresses of
its officers.
(2) The purpose for which the temporary license is sought, together with the place, dates and hours
during which the nonintoxicating malt liquor will be sold.
(3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for
ihe premises, including city, county, or school district property.
(4) Evidence that the manager or director has received alcohol awareness training provided by a
bona fide instructor or the city.
(c) Condit�ons. A temporary license shall be issued subject to the following conditions:
(9 ) Such license shall be issued for a period not to exceed four (4) consecutive days.
(2) No more than three (3) four-day, four (4) three-day, two (2) six-day, or lwelve (12) one-day
temporary licenses, in any combination not to exceed twelve (12) days per year, may be issued
for the sale of nonintoxicating malt liquor to any one (1) organization or political committee, or any
one (1) location, within a twelve-month period.
(d) Applicability of other provisions of this chapter. No other provisions of this chapter shall apply to licenses
granted under this section, except section 410.03(a) through (e);section 410.035; section 410.04(a), (b)
and (c); sections 410.05, 410.06, 410.07, 410.09 and 410.10.
(e) Music, etc. An organization licensed under this section may prowde instrumental music with dancing,
singing or vaudeville entertainment in connection with said license without regard to the requirements of
chapter 411 concerning entertainment.
(fl C/ass T license. Notwithstanding any other provision of law to the contrary, the temporary on-sale beer
license provided for in this section shall be administered as a Class T license and subject to the
provisions of these chapters governing Class T licenses. The inspector shall make all referrals as
provided by section 310.03, but the director may require the inspector to issue such license before
receiving any recommendations on the application therefor if necessary to issue such license on a timely
basis.
(Code 1956, § 3f021; Ord_ No. 16783, 4-30-81; Ord. No. 77569, § 5, 6-7-88; Ord. No. 17854, § 7, 7-18-91; C.F No. 94-1561, § 3,
1146-94; C.F. No. 97-567, § 1, 6•4-97; C.F No_ 98-551, § 1, 7-22-98; C.F. No. 004045, § 1, it-42-00)
� Sec_410.11_ - Licenses for municipal golf courses.
The division of parks and recreation may be issued licenses for the sale of nonintoxicating malt liquor at
the Highland 18, Highland 9, Como and Phalen Golf Course Club Houses without payment of the license fee
and without submission of the bond required under sections 410.02 and 410.03.
Chapter 4l 0. - Nonintoxicaring Malt Liquor
(COde 9956, § 31012)
� Sec. 410_12. - Revocation; suspension; fine.
io-�as
Page 9 of 9
Any license or permit under this chapter may be either suspended for up to sixty (60) days or revoked or
a civil fine imposed not to exceed two thousand dollars ($2,000.00) for each violation on a finding by the counal
that the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to
alcoholic beverages. No suspension, revocation or fine shall take effect until the license or permit holder has
been afforded an opportunity for a hearing under section 310.05 of this Code.
(O�d. No. 17523, § 1, 7T-24-87)
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