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98-866�1�. S v.hS�-,�-.�.�G - �o � �► � `1 �' co,�n�il File # 9 g_ g �.�i Ordinance # Green Sheet # d 5 t Presented By U � Referred To Committee Date : An ordinance amending Chapter 409 of the Saint Paul Legislative Code, reducing the presumptive penalties for certain liquor license violations THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 6Pi�i f.SFICl9 ':�',� ;? .... � Chapter 409 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 409.26. Intogicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the proprieTy of revocafions, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties aze 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 e�st substantial and compelling reasons making it more appropriate to do so. When deviating from these standards the council sha11 provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Commission of a felony related to the licensed activity. (2) Sale of alcoholic beverages while license is under suspension. ORDINANCE CITY OF SAINT PAUL, MINNESOTA �/ � Appearance lst 2na 3 m Revocation NA NA Revocation NA NA 4�' NA NA (3) Sale of alcoholic beverages to under-age person. (4} Sale of alcoholic beverage to into�cated person. (5) After hours sale of alcoholic beverages. (6) After hours display oL consump- tion of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make application for license renewal prior to license expiration date. Fine � Fine Up to 18 Fine g Fine U� to 18 Fine 6 Fine 4 5 Fine Fine Fine (11) Sale of intoxicating liquor where only license is far nonintoxicating liquor. Fine (12) Failure to comply with statutory, and ordinance requirements for liability inswance. 10 fF3 12 15 Revocation 6 18 4 12 6 18 6 18 Revocation NA 98' Revocation Revocation Revocation Revocarion NA Revocation Revocation Revocation Revocation NA For those violations which occur in on-sale into�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving muitiple violations, a fine shall be imposed according to the foilowing schedulee . For those violations which occur in on-sale intoxicatin�quor establishments listed above in nuxnbers (31 and (4�, which would be a second agpeazance not involving multiple violarions. the fine amounts set forth below shall be doubied. Seating capacity 0--� 149 ....$ 500.00 .. .. ... .. - ::;.,�.:�.......�.�_ ............. - - . .. .. .�., i . . . . , . q g {r�� a 4 5 6 7 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Seatin�pacity 150 and over ...1,000.00 For those violations which occur in off=sale into�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9),(10) and (11), which would be a first appeazance not involving muiriple violations, a fine shall be unposed according to the following schedule, based on the square footage of the retail area of the establishment:. For those violations which occur in off- sale intoxicatin�quor establishments listed above in numbers (31 and (41. which would be a second appeazance not involving multiple violations, the fine amounts set forth below shall be doubled. � 5,000 square feet or less ....$ 500.00 .�,:.'......,.'..'..:�:i .,a..::�i c.....� ...�.T....+...�������...�.�., �-B 5,001 square feet or more ....� 1,000.00 A licensee who would be making a first appeazance before the council may elect to pay the fine to the Office of License, Inspections and Environmental Protection without an appearance before the council, unless the notice of violation has indicated that a heazing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considezed an"appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon a11 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 forxnal notice of hearing. The council in that case sha11 consider the presumptive penalty for each such violation under the "1 st Appearance" column in pazagraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the norice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the " 1 st 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. (d) Subsequent appearances. Upon a second, third or fourth appeazance before the council by a particular licensee, the council sl�all impose the presumptive penalty for the violation or violations giving rise to the subsequent appeazance without regazd to the particular violation or violations that were the subject of the first or prior appearance. 1 (e)Computationoftime: dr.�(� Z "1 3 (1) If a licensee appears before the council for any violation in pazagraph (b) where that 4 violation has occurred witlun eig�teea-F}$j tweive 12 calendaz months after the first appeazance 5 of the sazne licensee for a violation listed in pazagraph (b) above, the current appeazance shall be 6 treated as a second appeazance for the purpose of determining the presumptive penalTy. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (2) If a licensee has appeazed before the council on two (2) previous occasions, both for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in said paragraph (b), and if the current violation occurred within �{39j eiehteen (181 calendaz months of the violation that gave rise to the first appearance before the council, then the current appearance sha11 be treated as a third appeazance for the purpose of deterniiniug presumptive penalty. (3) If a licensee has appeazed before the council on three (3) previous occasions, each for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in paragraph (b) above, and if the current violation occurred within €arEy-eig�f (4$j thixt�(301 calendaz 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 sha11 be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether rivelve (121. eighteen (18), or thirty (30) ar-���E�{4'8j months has 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. ( fl Other penalties. Nothing in this secfion shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollazs ($2,000.00), to impose conditions ar take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse acrions ar submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business pracrices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a. Encourage person not to become intoxicated if they consume alcoholic beverages on the defendant's premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employees or agents; 1 e. Establish promotions and marketing efforts that publicize responsible business 2 practices to the defendant's customers and community; 3 f. Implement comprehensive training procedures; 4 g. Maintain an adequate, trained number of employees and agents for the type 5 and size of defendant's business; 6 h. Establish a standardized method for hiring qualified employees; 7 i. Reprimand employees who violate employer policies and procedures; and 8 j. Show that the licensee has enrolled in recoa 17ed courses providing training to 9 self and one (1) or more empioyees of the licensed establishment in regazd to 10 standards for responsible liquor service. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) For the purposes of service to minors, evidence of responsible business practices may include, but is not Ivsuted to, those listed in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. comprehensive training of employees who aze responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service." Section 2 This ordinance sha11 take effect and be in force thiriy (30) days following its passage, approval and publication. q�'$� Requested by Department of: By: Form Approved by City Attorney� BY� ���0./�i.t.lf_� �) C+kiY—vw� Approved by Mayor for Submission to Council By: Councilmember Jim Reiter September 23, 1998 . �,..�•.�:� TOTAL # OF SIGNATURE PAGES GREEN SHEET ovua� onECrort q, - g�� No 60�31 ancai.r,i ❑ an�,.cnefr � c,vac.0 v ❑..wcu�amurFSOR �wrxrJ.�mm.ccrc ❑ MvoRldtACVSr11M) � (CLIP ALL LOCATIONS FOR SIGNATURE) An ordinance to amend Saint Paul Legislative Code Chapter 409.26; reducing the presumptive penalties for noncompliance of liquor licenses. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION TOTAL AMOUNT OF TRANSACTION FUNDING SOURCE FlNPNCIPL INFORMATON (FJ�WtQ p50NAL5ERVICE fAN71tACi5 MUSTANSWER TNE FOLLOWING QUESTIONS: Has Nis persarJfiim e.er xorked urWer e conUact tor Mis depaRment? VES NO Has this perooNfirm ever been a city empbyce7 YE3 NO Does th� person,hrm poasess a sidll nd namellypossessetl by arry current dty emp�oyee? YES NO Is this personrTirm a tarpeted vendoY7 YES NO Main all vPx answers m seoa2te sheet aM attaeh to areen sheet COST/REVQIUE BUIXiETED (GRCLE ON� ACTIVRY NUMBER YES NO ", :� u3_,[S�iI, J!M REITER Counciimember MEMORANDUM October 6, 1998 TO: Council Presadent Daniel Bostrom Councilmember Jay Benanav Councilmember 7erry Blakey Councilmember Chris Coleman Councilmember Michael Harris Councilmember Kathy Lantry FROM: Councilmember Jim Reiter �� 5 .��� SUBJ: -�iencion Item for 10/7/98 Council Agenda � .��� JAN KERAN Legisianve A�de DONNA SANDERS Seaetary Please review the attached amended ordinance, 98-866, to be brought in under suspension 10/7/98 for its Second Reading. This is an ordinance amending Chapter 409 of the Saint Paul I,egislative Code, reducing the presumptive penalues for certain liquor license violations. Thank you. IR:ds attachment cc:�iancy Anderson � GITY OF SAZNT P�UL OFFiCE OF THE CITY COUNCIL CITY HALL SiiITE 320A SAINT PAi3L, MINNESOTA 55102-1615 651/266-8650 Sa '..,�' �46 Pnvted on Recycied Paper Council File # `• - 866 a�����a�. Ordinance # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By 'k1�/ , Referred To i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Violation 29 30 31 (1) THE COUNCIL OF THE CITY OF SAINT PAUL DOES RDAIN: Section Chapter 409.26 of the Saint Paul Legislative Code is h eby amended to read as follows: Sec. 409.26. Into�ucating liquor; (a) Purpose. The purpose of ttris s¢ the length of license suspensions and the licensed premises for both intoxicating li 410. These penalties are preswned to be therefrom in an individual case where c compelling reasons making it more prc shall provide written reasons that ecify (b) Presumptive presumed as follows (i An ordinance to amend Saint Paul Le slative Code Chapter 409.26; reducing the esuxnptiv penalties for noncompliance of li or licenses. Commit]dee: Date malt liquor; presumptive penalties. tio is to establish a standard by which the city council determines pr riety of revocations, and shall apply to a11 on-sale and off-sale or under this chapter and nonintoxicating liquor under Chapter ppropriate for every case; however the council may deviate council finds and deternunes that there exist substantial and priate to do so. When deviating from these standards the council why the penalty selected was more appropriate. violations. Adverse penalties for convictions or violations shall be °d, numbers below indicate consecutive days' suspension): 1 st Commission Revocation of a felony related to the licensed Appearance 2nd 3rd NA NA 4th � 0 7 (2) Sale of Revocation NA NA NA alcoholic beverages while license is under suspension. (3) Sale of Fine fr �-& Revoca on alcoholic Fine Up to 18 beverages to Doubied under-age person. (4) Sale of Fine 5 �-& Revocafion ,:. ,:. alcoholic �nte, _ ITpfo_,� beverageto �o�b�ed intoxicated person. (5) After hours Fine 6 1 Revocation sale of alcoholic beverages. (6) After hours Fine 6 18 Revocation display or consumption of alcoholic beverage. (7) Refusal to 5 15 Revocation NA allow city inspectors or police admission to inspect premises. (8) Illegal ine 6 18 Revocation gambling on premises. (9) Fail to t Fine 4 12 Revocation reason le steps o stop per n from 1 ving remises with alcoholic beverage. °l � - g�� i 2 R3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 �io> (11) (12) Failure to make application for license renewal prior to license expirarion date. Sale of intoxicating liquor where only license is for nonintoxicati Failure to comply with statutory, and ordinance requirements for liability insurance. Fine Fine 10 3 C� Revocation Revocation NA � frb� For those violations which occur in on ale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), whi would be a first appearance not involving multiple violations, a fine sha11 be imposed according to the fol wing schedule For thos olations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), ,(8), (9), (10) and (11), which would be a first appeazance not involving mulfiple violations, a fine shall b unposed according to the foliowing schedule, based on the square footage of the retail area of the iwaiuiiwt:nr.nsaRnau �i:�:rww�r�i�aiwiai 18 18 , � 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 . .. .. .. .. ... ..: .. s or iess . : : $soo:oo :; : ::. :..� :: :: i ii - ��r�' - i i iii ii 5,001 or,more . _ . ..1,000.00 � g� - 8'�G A licensee who would be making a first appearance before the council may elect to pay e fine to the Office of License, Inspections and Environmental Protection without an appearance before council, unless the notice of violation has indicated that a hearing is required because of circumstances hich may warrant deviation from the presumptive penalty. Payment of the recommended fine will considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an"app ance" for the purpose of determnung presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city co cil, the council shall consader and act upon a11 the violations that have been alleged and/or incorporated in e notices sent to the licensee under the administrative procedures act up to and including the formal notic of hearing. The council in that case shall consider the presumptive penalty for each such violation unde e"]st Appearance" cohum�;'in paragraph (b) above. The occurrence of multiple violations shall grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of heazing at are brought to the attention of the city attorney prior to the hearing date before an administrative law jud (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if e licensee admits to the facts, and shall in that case be treated as though part of the "lst Appearance". In other cases, violations occurring a$er the date of the formal notice of hearing shall be the subject of a se ate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a (d) Subsequentappearances. particular licensee, the council shall to the subsequentappearance withoi the first or prior appearance. � (e) Computation or fourth appearance before the council. second, third ar fourth appearance before the council by a the presuxnptive penalty for the violation or violations giving rise 9 to the particular violation or violations that were the subject of (1) If a licensee pears before the council for an� violation in paragraph (b) where that violation has occurr within � ����'� eigkteeir(�8�j;���, �, calendar months after the first appearance of the same lice see far a violation listed in paragraph (b) above, the current appeazance shall be treated s a second appearance for the purpose of determining the presumptive penalty. (2) If a censee has appeazed before the council on two (2) previous occasions, both for violations li ed in paragraph (b) above, and 'af said licensee again appears before the council for a iolation listed in said paragraph (b), and if the current violadon occurred within fi3vx�{39j a= ;- :�-,- v�'� - �, �,:" .� �en_:- �� 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 appeazance for the purpose of determining presumpfive penalty. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (3) If a licensee has appeazed before the council on three (3) prevaous occasions, each for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in paragraph (b) above, and if the current violation occurred within - (-�gj thirty �30) calendaz monfhs of the violation that ga�e rise to the first appeazance, the he� current appeazance shall be treated as a fourth appearance for the purpose of dete ' the presumptive penalty. (4) Any appearance not covered by subsections (i), (2) or (3) above sha11 be tr� appeazance. In case of multiple violations in any appeazance, the date to be whether eig3�teerr (�$j iweive{12), �-(38j eighteen�(I`8) or months has elapsed shall be the date of the violation last 'vn time at the f t date of the violation first in time at any subsequent appearance. ate as a first u d to measure ttiirty.{30) appearance, and the ( fl Other penalties. Nothing in this section shall restrict or limit the auth ty of the council to suspend up to sia�ty (60) days, revoke the license, or impose a civil fine not to exceed o thousand dollazs ($2,000.00), to impose conditions or take any other adverse action in accor ce with law, provided, that the license holder has been afforded an opportunity for a hearing in the m r provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining p alty. In determining the appropriate penalty, the council may, in its discretion, consider evidence sub itted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested heari upon which findings of fact have been made that a licensee has followed ar is likely to follow in the futur esponsible business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to inta may include, but is not limited to, time of service and that: a. b. c. Encourage persons not to the defendanYs nremises� Promote Promote safe �, evidence of responsible business practices procedures and actions that aze implemented at intoxicated if they consume alcoholic beverages on beverages and food; aiternatives other than driving while intoxicated; d. Prohibit emp yees and agents of defendant from consuming alcoholic beverages while acting in ir capacity as employee or agents; e. Establi promofions and marketing efforts that publicize responsible business practices to the efendant's customers and community; f. I lement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendanPs business; Establish a standazdized method for hiring qualified employees; i. Reprimand employees who violate employer policies and procedures; and s i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 �Z) j. Show that the licensee has enrolled in recognized courses providing training to elf and one (1) or more employees of the licensed establishment in regard to stand for p`�p responsible liquor service. /?�' � � ,.� For the purposes of service to minors, evidence of responsible business practi es may include, but is not limited to, those listed in subsection (i) and the following: Q � Management policies that aze implemented at the time of servi and that ensure the examination of proof of identification (as established by state aw) for ail persons seeking service of aicoholic beverages who may reasonably e suspected to be minors; Comprehensive training of employees who aze responsi e for such eYamination regazding the detection of false or altered identificatio , and c. Enrollment by the licensee in recognized courses oviding training to self and one (1) or more employees of the licensed establishment n regazd to standards for responsible liquor service Section 2 This ordinance shall take effect and be in full farce following it�`passage, approval and publication by Department o£ : Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date � : Approved by Mayor for Submission to Council : 0 �1�. S v.hS�-,�-.�.�G - �o � �► � `1 �' co,�n�il File # 9 g_ g �.�i Ordinance # Green Sheet # d 5 t Presented By U � Referred To Committee Date : An ordinance amending Chapter 409 of the Saint Paul Legislative Code, reducing the presumptive penalties for certain liquor license violations THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 6Pi�i f.SFICl9 ':�',� ;? .... � Chapter 409 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 409.26. Intogicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the proprieTy of revocafions, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties aze 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 e�st substantial and compelling reasons making it more appropriate to do so. When deviating from these standards the council sha11 provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Commission of a felony related to the licensed activity. (2) Sale of alcoholic beverages while license is under suspension. ORDINANCE CITY OF SAINT PAUL, MINNESOTA �/ � Appearance lst 2na 3 m Revocation NA NA Revocation NA NA 4�' NA NA (3) Sale of alcoholic beverages to under-age person. (4} Sale of alcoholic beverage to into�cated person. (5) After hours sale of alcoholic beverages. (6) After hours display oL consump- tion of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make application for license renewal prior to license expiration date. Fine � Fine Up to 18 Fine g Fine U� to 18 Fine 6 Fine 4 5 Fine Fine Fine (11) Sale of intoxicating liquor where only license is far nonintoxicating liquor. Fine (12) Failure to comply with statutory, and ordinance requirements for liability inswance. 10 fF3 12 15 Revocation 6 18 4 12 6 18 6 18 Revocation NA 98' Revocation Revocation Revocation Revocarion NA Revocation Revocation Revocation Revocation NA For those violations which occur in on-sale into�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving muitiple violations, a fine shall be imposed according to the foilowing schedulee . For those violations which occur in on-sale intoxicatin�quor establishments listed above in nuxnbers (31 and (4�, which would be a second agpeazance not involving multiple violarions. the fine amounts set forth below shall be doubied. Seating capacity 0--� 149 ....$ 500.00 .. .. ... .. - ::;.,�.:�.......�.�_ ............. - - . .. .. .�., i . . . . , . q g {r�� a 4 5 6 7 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Seatin�pacity 150 and over ...1,000.00 For those violations which occur in off=sale into�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9),(10) and (11), which would be a first appeazance not involving muiriple violations, a fine shall be unposed according to the following schedule, based on the square footage of the retail area of the establishment:. For those violations which occur in off- sale intoxicatin�quor establishments listed above in numbers (31 and (41. which would be a second appeazance not involving multiple violations, the fine amounts set forth below shall be doubled. � 5,000 square feet or less ....$ 500.00 .�,:.'......,.'..'..:�:i .,a..::�i c.....� ...�.T....+...�������...�.�., �-B 5,001 square feet or more ....� 1,000.00 A licensee who would be making a first appeazance before the council may elect to pay the fine to the Office of License, Inspections and Environmental Protection without an appearance before the council, unless the notice of violation has indicated that a heazing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considezed an"appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon a11 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 forxnal notice of hearing. The council in that case sha11 consider the presumptive penalty for each such violation under the "1 st Appearance" column in pazagraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the norice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the " 1 st 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. (d) Subsequent appearances. Upon a second, third or fourth appeazance before the council by a particular licensee, the council sl�all impose the presumptive penalty for the violation or violations giving rise to the subsequent appeazance without regazd to the particular violation or violations that were the subject of the first or prior appearance. 1 (e)Computationoftime: dr.�(� Z "1 3 (1) If a licensee appears before the council for any violation in pazagraph (b) where that 4 violation has occurred witlun eig�teea-F}$j tweive 12 calendaz months after the first appeazance 5 of the sazne licensee for a violation listed in pazagraph (b) above, the current appeazance shall be 6 treated as a second appeazance for the purpose of determining the presumptive penalTy. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (2) If a licensee has appeazed before the council on two (2) previous occasions, both for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in said paragraph (b), and if the current violation occurred within �{39j eiehteen (181 calendaz months of the violation that gave rise to the first appearance before the council, then the current appearance sha11 be treated as a third appeazance for the purpose of deterniiniug presumptive penalty. (3) If a licensee has appeazed before the council on three (3) previous occasions, each for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in paragraph (b) above, and if the current violation occurred within €arEy-eig�f (4$j thixt�(301 calendaz 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 sha11 be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether rivelve (121. eighteen (18), or thirty (30) ar-���E�{4'8j months has 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. ( fl Other penalties. Nothing in this secfion shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollazs ($2,000.00), to impose conditions ar take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse acrions ar submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business pracrices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a. Encourage person not to become intoxicated if they consume alcoholic beverages on the defendant's premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employees or agents; 1 e. Establish promotions and marketing efforts that publicize responsible business 2 practices to the defendant's customers and community; 3 f. Implement comprehensive training procedures; 4 g. Maintain an adequate, trained number of employees and agents for the type 5 and size of defendant's business; 6 h. Establish a standardized method for hiring qualified employees; 7 i. Reprimand employees who violate employer policies and procedures; and 8 j. Show that the licensee has enrolled in recoa 17ed courses providing training to 9 self and one (1) or more empioyees of the licensed establishment in regazd to 10 standards for responsible liquor service. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) For the purposes of service to minors, evidence of responsible business practices may include, but is not Ivsuted to, those listed in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. comprehensive training of employees who aze responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service." Section 2 This ordinance sha11 take effect and be in force thiriy (30) days following its passage, approval and publication. q�'$� Requested by Department of: By: Form Approved by City Attorney� BY� ���0./�i.t.lf_� �) C+kiY—vw� Approved by Mayor for Submission to Council By: Councilmember Jim Reiter September 23, 1998 . �,..�•.�:� TOTAL # OF SIGNATURE PAGES GREEN SHEET ovua� onECrort q, - g�� No 60�31 ancai.r,i ❑ an�,.cnefr � c,vac.0 v ❑..wcu�amurFSOR �wrxrJ.�mm.ccrc ❑ MvoRldtACVSr11M) � (CLIP ALL LOCATIONS FOR SIGNATURE) An ordinance to amend Saint Paul Legislative Code Chapter 409.26; reducing the presumptive penalties for noncompliance of liquor licenses. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION TOTAL AMOUNT OF TRANSACTION FUNDING SOURCE FlNPNCIPL INFORMATON (FJ�WtQ p50NAL5ERVICE fAN71tACi5 MUSTANSWER TNE FOLLOWING QUESTIONS: Has Nis persarJfiim e.er xorked urWer e conUact tor Mis depaRment? VES NO Has this perooNfirm ever been a city empbyce7 YE3 NO Does th� person,hrm poasess a sidll nd namellypossessetl by arry current dty emp�oyee? YES NO Is this personrTirm a tarpeted vendoY7 YES NO Main all vPx answers m seoa2te sheet aM attaeh to areen sheet COST/REVQIUE BUIXiETED (GRCLE ON� ACTIVRY NUMBER YES NO ", :� u3_,[S�iI, J!M REITER Counciimember MEMORANDUM October 6, 1998 TO: Council Presadent Daniel Bostrom Councilmember Jay Benanav Councilmember 7erry Blakey Councilmember Chris Coleman Councilmember Michael Harris Councilmember Kathy Lantry FROM: Councilmember Jim Reiter �� 5 .��� SUBJ: -�iencion Item for 10/7/98 Council Agenda � .��� JAN KERAN Legisianve A�de DONNA SANDERS Seaetary Please review the attached amended ordinance, 98-866, to be brought in under suspension 10/7/98 for its Second Reading. This is an ordinance amending Chapter 409 of the Saint Paul I,egislative Code, reducing the presumptive penalues for certain liquor license violations. Thank you. IR:ds attachment cc:�iancy Anderson � GITY OF SAZNT P�UL OFFiCE OF THE CITY COUNCIL CITY HALL SiiITE 320A SAINT PAi3L, MINNESOTA 55102-1615 651/266-8650 Sa '..,�' �46 Pnvted on Recycied Paper Council File # `• - 866 a�����a�. Ordinance # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By 'k1�/ , Referred To i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Violation 29 30 31 (1) THE COUNCIL OF THE CITY OF SAINT PAUL DOES RDAIN: Section Chapter 409.26 of the Saint Paul Legislative Code is h eby amended to read as follows: Sec. 409.26. Into�ucating liquor; (a) Purpose. The purpose of ttris s¢ the length of license suspensions and the licensed premises for both intoxicating li 410. These penalties are preswned to be therefrom in an individual case where c compelling reasons making it more prc shall provide written reasons that ecify (b) Presumptive presumed as follows (i An ordinance to amend Saint Paul Le slative Code Chapter 409.26; reducing the esuxnptiv penalties for noncompliance of li or licenses. Commit]dee: Date malt liquor; presumptive penalties. tio is to establish a standard by which the city council determines pr riety of revocations, and shall apply to a11 on-sale and off-sale or under this chapter and nonintoxicating liquor under Chapter ppropriate for every case; however the council may deviate council finds and deternunes that there exist substantial and priate to do so. When deviating from these standards the council why the penalty selected was more appropriate. violations. Adverse penalties for convictions or violations shall be °d, numbers below indicate consecutive days' suspension): 1 st Commission Revocation of a felony related to the licensed Appearance 2nd 3rd NA NA 4th � 0 7 (2) Sale of Revocation NA NA NA alcoholic beverages while license is under suspension. (3) Sale of Fine fr �-& Revoca on alcoholic Fine Up to 18 beverages to Doubied under-age person. (4) Sale of Fine 5 �-& Revocafion ,:. ,:. alcoholic �nte, _ ITpfo_,� beverageto �o�b�ed intoxicated person. (5) After hours Fine 6 1 Revocation sale of alcoholic beverages. (6) After hours Fine 6 18 Revocation display or consumption of alcoholic beverage. (7) Refusal to 5 15 Revocation NA allow city inspectors or police admission to inspect premises. (8) Illegal ine 6 18 Revocation gambling on premises. (9) Fail to t Fine 4 12 Revocation reason le steps o stop per n from 1 ving remises with alcoholic beverage. °l � - g�� i 2 R3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 �io> (11) (12) Failure to make application for license renewal prior to license expirarion date. Sale of intoxicating liquor where only license is for nonintoxicati Failure to comply with statutory, and ordinance requirements for liability insurance. Fine Fine 10 3 C� Revocation Revocation NA � frb� For those violations which occur in on ale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), whi would be a first appearance not involving multiple violations, a fine sha11 be imposed according to the fol wing schedule For thos olations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), ,(8), (9), (10) and (11), which would be a first appeazance not involving mulfiple violations, a fine shall b unposed according to the foliowing schedule, based on the square footage of the retail area of the iwaiuiiwt:nr.nsaRnau �i:�:rww�r�i�aiwiai 18 18 , � 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 . .. .. .. .. ... ..: .. s or iess . : : $soo:oo :; : ::. :..� :: :: i ii - ��r�' - i i iii ii 5,001 or,more . _ . ..1,000.00 � g� - 8'�G A licensee who would be making a first appearance before the council may elect to pay e fine to the Office of License, Inspections and Environmental Protection without an appearance before council, unless the notice of violation has indicated that a hearing is required because of circumstances hich may warrant deviation from the presumptive penalty. Payment of the recommended fine will considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an"app ance" for the purpose of determnung presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city co cil, the council shall consader and act upon a11 the violations that have been alleged and/or incorporated in e notices sent to the licensee under the administrative procedures act up to and including the formal notic of hearing. The council in that case shall consider the presumptive penalty for each such violation unde e"]st Appearance" cohum�;'in paragraph (b) above. The occurrence of multiple violations shall grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of heazing at are brought to the attention of the city attorney prior to the hearing date before an administrative law jud (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if e licensee admits to the facts, and shall in that case be treated as though part of the "lst Appearance". In other cases, violations occurring a$er the date of the formal notice of hearing shall be the subject of a se ate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a (d) Subsequentappearances. particular licensee, the council shall to the subsequentappearance withoi the first or prior appearance. � (e) Computation or fourth appearance before the council. second, third ar fourth appearance before the council by a the presuxnptive penalty for the violation or violations giving rise 9 to the particular violation or violations that were the subject of (1) If a licensee pears before the council for an� violation in paragraph (b) where that violation has occurr within � ����'� eigkteeir(�8�j;���, �, calendar months after the first appearance of the same lice see far a violation listed in paragraph (b) above, the current appeazance shall be treated s a second appearance for the purpose of determining the presumptive penalty. (2) If a censee has appeazed before the council on two (2) previous occasions, both for violations li ed in paragraph (b) above, and 'af said licensee again appears before the council for a iolation listed in said paragraph (b), and if the current violadon occurred within fi3vx�{39j a= ;- :�-,- v�'� - �, �,:" .� �en_:- �� 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 appeazance for the purpose of determining presumpfive penalty. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (3) If a licensee has appeazed before the council on three (3) prevaous occasions, each for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in paragraph (b) above, and if the current violation occurred within - (-�gj thirty �30) calendaz monfhs of the violation that ga�e rise to the first appeazance, the he� current appeazance shall be treated as a fourth appearance for the purpose of dete ' the presumptive penalty. (4) Any appearance not covered by subsections (i), (2) or (3) above sha11 be tr� appeazance. In case of multiple violations in any appeazance, the date to be whether eig3�teerr (�$j iweive{12), �-(38j eighteen�(I`8) or months has elapsed shall be the date of the violation last 'vn time at the f t date of the violation first in time at any subsequent appearance. ate as a first u d to measure ttiirty.{30) appearance, and the ( fl Other penalties. Nothing in this section shall restrict or limit the auth ty of the council to suspend up to sia�ty (60) days, revoke the license, or impose a civil fine not to exceed o thousand dollazs ($2,000.00), to impose conditions or take any other adverse action in accor ce with law, provided, that the license holder has been afforded an opportunity for a hearing in the m r provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining p alty. In determining the appropriate penalty, the council may, in its discretion, consider evidence sub itted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested heari upon which findings of fact have been made that a licensee has followed ar is likely to follow in the futur esponsible business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to inta may include, but is not limited to, time of service and that: a. b. c. Encourage persons not to the defendanYs nremises� Promote Promote safe �, evidence of responsible business practices procedures and actions that aze implemented at intoxicated if they consume alcoholic beverages on beverages and food; aiternatives other than driving while intoxicated; d. Prohibit emp yees and agents of defendant from consuming alcoholic beverages while acting in ir capacity as employee or agents; e. Establi promofions and marketing efforts that publicize responsible business practices to the efendant's customers and community; f. I lement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendanPs business; Establish a standazdized method for hiring qualified employees; i. Reprimand employees who violate employer policies and procedures; and s i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 �Z) j. Show that the licensee has enrolled in recognized courses providing training to elf and one (1) or more employees of the licensed establishment in regard to stand for p`�p responsible liquor service. /?�' � � ,.� For the purposes of service to minors, evidence of responsible business practi es may include, but is not limited to, those listed in subsection (i) and the following: Q � Management policies that aze implemented at the time of servi and that ensure the examination of proof of identification (as established by state aw) for ail persons seeking service of aicoholic beverages who may reasonably e suspected to be minors; Comprehensive training of employees who aze responsi e for such eYamination regazding the detection of false or altered identificatio , and c. Enrollment by the licensee in recognized courses oviding training to self and one (1) or more employees of the licensed establishment n regazd to standards for responsible liquor service Section 2 This ordinance shall take effect and be in full farce following it�`passage, approval and publication by Department o£ : Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date � : Approved by Mayor for Submission to Council : 0 �1�. S v.hS�-,�-.�.�G - �o � �► � `1 �' co,�n�il File # 9 g_ g �.�i Ordinance # Green Sheet # d 5 t Presented By U � Referred To Committee Date : An ordinance amending Chapter 409 of the Saint Paul Legislative Code, reducing the presumptive penalties for certain liquor license violations THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 6Pi�i f.SFICl9 ':�',� ;? .... � Chapter 409 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 409.26. Intogicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the proprieTy of revocafions, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties aze 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 e�st substantial and compelling reasons making it more appropriate to do so. When deviating from these standards the council sha11 provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Commission of a felony related to the licensed activity. (2) Sale of alcoholic beverages while license is under suspension. ORDINANCE CITY OF SAINT PAUL, MINNESOTA �/ � Appearance lst 2na 3 m Revocation NA NA Revocation NA NA 4�' NA NA (3) Sale of alcoholic beverages to under-age person. (4} Sale of alcoholic beverage to into�cated person. (5) After hours sale of alcoholic beverages. (6) After hours display oL consump- tion of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make application for license renewal prior to license expiration date. Fine � Fine Up to 18 Fine g Fine U� to 18 Fine 6 Fine 4 5 Fine Fine Fine (11) Sale of intoxicating liquor where only license is far nonintoxicating liquor. Fine (12) Failure to comply with statutory, and ordinance requirements for liability inswance. 10 fF3 12 15 Revocation 6 18 4 12 6 18 6 18 Revocation NA 98' Revocation Revocation Revocation Revocarion NA Revocation Revocation Revocation Revocation NA For those violations which occur in on-sale into�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving muitiple violations, a fine shall be imposed according to the foilowing schedulee . For those violations which occur in on-sale intoxicatin�quor establishments listed above in nuxnbers (31 and (4�, which would be a second agpeazance not involving multiple violarions. the fine amounts set forth below shall be doubied. Seating capacity 0--� 149 ....$ 500.00 .. .. ... .. - ::;.,�.:�.......�.�_ ............. - - . .. .. .�., i . . . . , . q g {r�� a 4 5 6 7 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Seatin�pacity 150 and over ...1,000.00 For those violations which occur in off=sale into�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9),(10) and (11), which would be a first appeazance not involving muiriple violations, a fine shall be unposed according to the following schedule, based on the square footage of the retail area of the establishment:. For those violations which occur in off- sale intoxicatin�quor establishments listed above in numbers (31 and (41. which would be a second appeazance not involving multiple violations, the fine amounts set forth below shall be doubled. � 5,000 square feet or less ....$ 500.00 .�,:.'......,.'..'..:�:i .,a..::�i c.....� ...�.T....+...�������...�.�., �-B 5,001 square feet or more ....� 1,000.00 A licensee who would be making a first appeazance before the council may elect to pay the fine to the Office of License, Inspections and Environmental Protection without an appearance before the council, unless the notice of violation has indicated that a heazing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considezed an"appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon a11 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 forxnal notice of hearing. The council in that case sha11 consider the presumptive penalty for each such violation under the "1 st Appearance" column in pazagraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the norice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the " 1 st 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. (d) Subsequent appearances. Upon a second, third or fourth appeazance before the council by a particular licensee, the council sl�all impose the presumptive penalty for the violation or violations giving rise to the subsequent appeazance without regazd to the particular violation or violations that were the subject of the first or prior appearance. 1 (e)Computationoftime: dr.�(� Z "1 3 (1) If a licensee appears before the council for any violation in pazagraph (b) where that 4 violation has occurred witlun eig�teea-F}$j tweive 12 calendaz months after the first appeazance 5 of the sazne licensee for a violation listed in pazagraph (b) above, the current appeazance shall be 6 treated as a second appeazance for the purpose of determining the presumptive penalTy. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (2) If a licensee has appeazed before the council on two (2) previous occasions, both for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in said paragraph (b), and if the current violation occurred within �{39j eiehteen (181 calendaz months of the violation that gave rise to the first appearance before the council, then the current appearance sha11 be treated as a third appeazance for the purpose of deterniiniug presumptive penalty. (3) If a licensee has appeazed before the council on three (3) previous occasions, each for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in paragraph (b) above, and if the current violation occurred within €arEy-eig�f (4$j thixt�(301 calendaz 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 sha11 be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether rivelve (121. eighteen (18), or thirty (30) ar-���E�{4'8j months has 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. ( fl Other penalties. Nothing in this secfion shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollazs ($2,000.00), to impose conditions ar take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse acrions ar submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business pracrices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a. Encourage person not to become intoxicated if they consume alcoholic beverages on the defendant's premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employees or agents; 1 e. Establish promotions and marketing efforts that publicize responsible business 2 practices to the defendant's customers and community; 3 f. Implement comprehensive training procedures; 4 g. Maintain an adequate, trained number of employees and agents for the type 5 and size of defendant's business; 6 h. Establish a standardized method for hiring qualified employees; 7 i. Reprimand employees who violate employer policies and procedures; and 8 j. Show that the licensee has enrolled in recoa 17ed courses providing training to 9 self and one (1) or more empioyees of the licensed establishment in regazd to 10 standards for responsible liquor service. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) For the purposes of service to minors, evidence of responsible business practices may include, but is not Ivsuted to, those listed in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. comprehensive training of employees who aze responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service." Section 2 This ordinance sha11 take effect and be in force thiriy (30) days following its passage, approval and publication. q�'$� Requested by Department of: By: Form Approved by City Attorney� BY� ���0./�i.t.lf_� �) C+kiY—vw� Approved by Mayor for Submission to Council By: Councilmember Jim Reiter September 23, 1998 . �,..�•.�:� TOTAL # OF SIGNATURE PAGES GREEN SHEET ovua� onECrort q, - g�� No 60�31 ancai.r,i ❑ an�,.cnefr � c,vac.0 v ❑..wcu�amurFSOR �wrxrJ.�mm.ccrc ❑ MvoRldtACVSr11M) � (CLIP ALL LOCATIONS FOR SIGNATURE) An ordinance to amend Saint Paul Legislative Code Chapter 409.26; reducing the presumptive penalties for noncompliance of liquor licenses. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION TOTAL AMOUNT OF TRANSACTION FUNDING SOURCE FlNPNCIPL INFORMATON (FJ�WtQ p50NAL5ERVICE fAN71tACi5 MUSTANSWER TNE FOLLOWING QUESTIONS: Has Nis persarJfiim e.er xorked urWer e conUact tor Mis depaRment? VES NO Has this perooNfirm ever been a city empbyce7 YE3 NO Does th� person,hrm poasess a sidll nd namellypossessetl by arry current dty emp�oyee? YES NO Is this personrTirm a tarpeted vendoY7 YES NO Main all vPx answers m seoa2te sheet aM attaeh to areen sheet COST/REVQIUE BUIXiETED (GRCLE ON� ACTIVRY NUMBER YES NO ", :� u3_,[S�iI, J!M REITER Counciimember MEMORANDUM October 6, 1998 TO: Council Presadent Daniel Bostrom Councilmember Jay Benanav Councilmember 7erry Blakey Councilmember Chris Coleman Councilmember Michael Harris Councilmember Kathy Lantry FROM: Councilmember Jim Reiter �� 5 .��� SUBJ: -�iencion Item for 10/7/98 Council Agenda � .��� JAN KERAN Legisianve A�de DONNA SANDERS Seaetary Please review the attached amended ordinance, 98-866, to be brought in under suspension 10/7/98 for its Second Reading. This is an ordinance amending Chapter 409 of the Saint Paul I,egislative Code, reducing the presumptive penalues for certain liquor license violations. Thank you. IR:ds attachment cc:�iancy Anderson � GITY OF SAZNT P�UL OFFiCE OF THE CITY COUNCIL CITY HALL SiiITE 320A SAINT PAi3L, MINNESOTA 55102-1615 651/266-8650 Sa '..,�' �46 Pnvted on Recycied Paper Council File # `• - 866 a�����a�. Ordinance # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By 'k1�/ , Referred To i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Violation 29 30 31 (1) THE COUNCIL OF THE CITY OF SAINT PAUL DOES RDAIN: Section Chapter 409.26 of the Saint Paul Legislative Code is h eby amended to read as follows: Sec. 409.26. Into�ucating liquor; (a) Purpose. The purpose of ttris s¢ the length of license suspensions and the licensed premises for both intoxicating li 410. These penalties are preswned to be therefrom in an individual case where c compelling reasons making it more prc shall provide written reasons that ecify (b) Presumptive presumed as follows (i An ordinance to amend Saint Paul Le slative Code Chapter 409.26; reducing the esuxnptiv penalties for noncompliance of li or licenses. Commit]dee: Date malt liquor; presumptive penalties. tio is to establish a standard by which the city council determines pr riety of revocations, and shall apply to a11 on-sale and off-sale or under this chapter and nonintoxicating liquor under Chapter ppropriate for every case; however the council may deviate council finds and deternunes that there exist substantial and priate to do so. When deviating from these standards the council why the penalty selected was more appropriate. violations. Adverse penalties for convictions or violations shall be °d, numbers below indicate consecutive days' suspension): 1 st Commission Revocation of a felony related to the licensed Appearance 2nd 3rd NA NA 4th � 0 7 (2) Sale of Revocation NA NA NA alcoholic beverages while license is under suspension. (3) Sale of Fine fr �-& Revoca on alcoholic Fine Up to 18 beverages to Doubied under-age person. (4) Sale of Fine 5 �-& Revocafion ,:. ,:. alcoholic �nte, _ ITpfo_,� beverageto �o�b�ed intoxicated person. (5) After hours Fine 6 1 Revocation sale of alcoholic beverages. (6) After hours Fine 6 18 Revocation display or consumption of alcoholic beverage. (7) Refusal to 5 15 Revocation NA allow city inspectors or police admission to inspect premises. (8) Illegal ine 6 18 Revocation gambling on premises. (9) Fail to t Fine 4 12 Revocation reason le steps o stop per n from 1 ving remises with alcoholic beverage. °l � - g�� i 2 R3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 �io> (11) (12) Failure to make application for license renewal prior to license expirarion date. Sale of intoxicating liquor where only license is for nonintoxicati Failure to comply with statutory, and ordinance requirements for liability insurance. Fine Fine 10 3 C� Revocation Revocation NA � frb� For those violations which occur in on ale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), whi would be a first appearance not involving multiple violations, a fine sha11 be imposed according to the fol wing schedule For thos olations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), ,(8), (9), (10) and (11), which would be a first appeazance not involving mulfiple violations, a fine shall b unposed according to the foliowing schedule, based on the square footage of the retail area of the iwaiuiiwt:nr.nsaRnau �i:�:rww�r�i�aiwiai 18 18 , � 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 . .. .. .. .. ... ..: .. s or iess . : : $soo:oo :; : ::. :..� :: :: i ii - ��r�' - i i iii ii 5,001 or,more . _ . ..1,000.00 � g� - 8'�G A licensee who would be making a first appearance before the council may elect to pay e fine to the Office of License, Inspections and Environmental Protection without an appearance before council, unless the notice of violation has indicated that a hearing is required because of circumstances hich may warrant deviation from the presumptive penalty. Payment of the recommended fine will considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an"app ance" for the purpose of determnung presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city co cil, the council shall consader and act upon a11 the violations that have been alleged and/or incorporated in e notices sent to the licensee under the administrative procedures act up to and including the formal notic of hearing. The council in that case shall consider the presumptive penalty for each such violation unde e"]st Appearance" cohum�;'in paragraph (b) above. The occurrence of multiple violations shall grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of heazing at are brought to the attention of the city attorney prior to the hearing date before an administrative law jud (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if e licensee admits to the facts, and shall in that case be treated as though part of the "lst Appearance". In other cases, violations occurring a$er the date of the formal notice of hearing shall be the subject of a se ate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a (d) Subsequentappearances. particular licensee, the council shall to the subsequentappearance withoi the first or prior appearance. � (e) Computation or fourth appearance before the council. second, third ar fourth appearance before the council by a the presuxnptive penalty for the violation or violations giving rise 9 to the particular violation or violations that were the subject of (1) If a licensee pears before the council for an� violation in paragraph (b) where that violation has occurr within � ����'� eigkteeir(�8�j;���, �, calendar months after the first appearance of the same lice see far a violation listed in paragraph (b) above, the current appeazance shall be treated s a second appearance for the purpose of determining the presumptive penalty. (2) If a censee has appeazed before the council on two (2) previous occasions, both for violations li ed in paragraph (b) above, and 'af said licensee again appears before the council for a iolation listed in said paragraph (b), and if the current violadon occurred within fi3vx�{39j a= ;- :�-,- v�'� - �, �,:" .� �en_:- �� 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 appeazance for the purpose of determining presumpfive penalty. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (3) If a licensee has appeazed before the council on three (3) prevaous occasions, each for violations listed in pazagraph (b) above, and if said licensee again appeazs before the council for a violation listed in paragraph (b) above, and if the current violation occurred within - (-�gj thirty �30) calendaz monfhs of the violation that ga�e rise to the first appeazance, the he� current appeazance shall be treated as a fourth appearance for the purpose of dete ' the presumptive penalty. (4) Any appearance not covered by subsections (i), (2) or (3) above sha11 be tr� appeazance. In case of multiple violations in any appeazance, the date to be whether eig3�teerr (�$j iweive{12), �-(38j eighteen�(I`8) or months has elapsed shall be the date of the violation last 'vn time at the f t date of the violation first in time at any subsequent appearance. ate as a first u d to measure ttiirty.{30) appearance, and the ( fl Other penalties. Nothing in this section shall restrict or limit the auth ty of the council to suspend up to sia�ty (60) days, revoke the license, or impose a civil fine not to exceed o thousand dollazs ($2,000.00), to impose conditions or take any other adverse action in accor ce with law, provided, that the license holder has been afforded an opportunity for a hearing in the m r provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining p alty. In determining the appropriate penalty, the council may, in its discretion, consider evidence sub itted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested heari upon which findings of fact have been made that a licensee has followed ar is likely to follow in the futur esponsible business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to inta may include, but is not limited to, time of service and that: a. b. c. Encourage persons not to the defendanYs nremises� Promote Promote safe �, evidence of responsible business practices procedures and actions that aze implemented at intoxicated if they consume alcoholic beverages on beverages and food; aiternatives other than driving while intoxicated; d. Prohibit emp yees and agents of defendant from consuming alcoholic beverages while acting in ir capacity as employee or agents; e. Establi promofions and marketing efforts that publicize responsible business practices to the efendant's customers and community; f. I lement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendanPs business; Establish a standazdized method for hiring qualified employees; i. Reprimand employees who violate employer policies and procedures; and s i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 �Z) j. Show that the licensee has enrolled in recognized courses providing training to elf and one (1) or more employees of the licensed establishment in regard to stand for p`�p responsible liquor service. /?�' � � ,.� For the purposes of service to minors, evidence of responsible business practi es may include, but is not limited to, those listed in subsection (i) and the following: Q � Management policies that aze implemented at the time of servi and that ensure the examination of proof of identification (as established by state aw) for ail persons seeking service of aicoholic beverages who may reasonably e suspected to be minors; Comprehensive training of employees who aze responsi e for such eYamination regazding the detection of false or altered identificatio , and c. Enrollment by the licensee in recognized courses oviding training to self and one (1) or more employees of the licensed establishment n regazd to standards for responsible liquor service Section 2 This ordinance shall take effect and be in full farce following it�`passage, approval and publication by Department o£ : Form Approved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date � : Approved by Mayor for Submission to Council : 0