06-954Council File # D�a �J T 'T
Green Sheet # 3033353
Presented By
ORDINANCE
/ CITY OF SAINT PAUL, NIINNESOTA
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An ordinance amending chapter 310 of the Saint Paul Legislarive Code to include death or great
bodily hann in a licensed establishment that is related to a violation of law or license condirions
in the penalry matrix.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1.
Section 310.05 of the Saint Paul Legislarive Code is hereby amended to read as follows:
Sec. 310.05. Hearing procedures.
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(a) Adverse action, 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 applicant 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 established pursuant to Chapter 9 of the Charter, by the city attorney or on its
own initiative.
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(m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to all license types, except
that in the case of a violation involving a liquor license § 409.26 shall apply where a
specific violation is listed. These penalties are presumed to be appropriate for every case;
however the council may deviate therefrom in an individual case where the council finds
and determines that there exist substanrial and compelling reasons making it more
appropriate to do so. When deviating from these standazds, the council shall provide
written reasons that specify why the penalty selected was more appropriate.
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(i) Fines payable without hearing. 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 office of LIEP without a council
hearing, unless the notice of violation has indicated that a hearing is required
because of circumstances which may warrant deviation from the presumptive fine
amount. Payment of the recommended fine will be considered to be a waiver of
the hearing to which the licensee is entitled, and will be considered an
"appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(ii) Multiple violations. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alleged
and/or incorporated in the notices sent to the licensee under the administrative
procedures act up to and including the formal notice of hearing. The council in
that case shall consider the presumptive penalty for each such violation under the
"1 st Appearance" column in paragraph (b) above. The occurrence of multiple
violations shall be grounds for departure from such penalties in the council's
discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring
after the date of the notice of hearing that are brought to the attention of the city
attorney prior to the hearing date before an administrative law judge (ar before
the council in an uncontested facts hearing) may be added to the notice(s) by
stipulation if the licensee admits to the facts, and shall in that case be treated as
though part of the "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.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall impose the presumptive penalty
for the violation or violations giving rise to the subsequent appearance without
regazd to the particular violation or violations that were the subject of the first or
prior appearance.
(v) Computation of time.
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(1) ff a licensee appears before the council for any violation in pazagraph (m)
where that violation has occurred within twelve 12 calendaz months after
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the first appeazance of the same licensee for a violation listed in pazagraph �
(m) above, the current appeazance shall be treated as a second appearance
for the purpose of determining the presumptive penalty.
(2) If a licensee has appeazed before the council on two (2) previous
occasions for violations listed in pazagraph (m), and if said licensee again
appeazs before the council for a violation listed in pazagraph (m), and if
the current violation occurs within eighteen (18) calendar months of the
violation that gave rise to the first appearance before the council, then the
current appearance shall be h�eated 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), and if said licensee
again appears before the council for a violation contained in para�aph
(m), and if the current violation occurred within twenty-four (24) calendaz
months of the violation that gave rise to the first appearance, then the
current appeazance 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.
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B�JUe3T3riCe.
Section 2.
Section 310.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Council may take adverse action. The council is authorized to take adverse action, as
defined in section 310A1 above, against any ar all licenses or permits, licensee ar
applicant for a license, as provided in and by these chapters. Adverse actions against
entertainment licenses issued under Chapter 411 of the Legislative Code may be initiated
for the reasons set forth in subsection (b) below, or upon any lawful grounds which are
communicated to the license holder in writing prior to the hearing before the council.
Such acrions shall be initiated and carried out in accordance with the procedures outlined
in section 310.05; provided, however, that the formal notice of hearing shall be used to
initiate the adverse action without the use of prior procedural steps.
(b) Basis for action. Such adverse action may be based on one (1) or more of the following
reasons, which are in addition to any other reason specificaliy provided by law or in these
chapters:
(1) The license or permit was procured by misrepresentation of material facts, fraud,
deceit or bad faith. �
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(2) The applicant or one acting in his or her behalf made oral or written
misstatements or misrepresentations of material facts in or accompanying the
application.
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(3) The license was issued in violation of any of the provisions of the Zoning Code,
or the premises which are licensed or which are to be licensed do not comply with
applicable health, housing, fire, zoning and building codes and regulations.
(4)
(5)
(6)
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The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
The licensee or applicant has failed to comply with any condition set forth in the
license, or set forth in the resolution granring or renewing the license.
a. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has violated, or performed any act
which is a violation of, any of the provisions of these chapters or of any
statute, ordinance or regularion reasonably related to the licensed acrivity,
regardless of whether criminal chazges have ar have not been brought in
connection therewith;
b. The licensee ar applicant has been convicted of a crime that may
disqualify said applicant from holding the license in question under the
standards and procedures in Minnesota Statutes Chapter 364; or
c. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or permitted a pattern
or practice of conduct of failure to comply with laws reasonably related to
the licensed activity or from which an inference of lack of fitness or good
character may be drawn.
The activities of the licensee in the licensed activity created or haue created a
serious danger to the public health, safety or welfare, or the licensee performs or
has performed his or her work or activity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains
or permits conditions that unreasonably annoy, injure or endanger the safety,
health, morals, comfort or repose of any considerable number of inembers of the
public.
(9) Failure to keep sidewalks ar pedestrian ways reasonably free of snow and ice as
required under Chapter 114 of the Saint Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not
limited to, actions meeting the definition of criminal sexual conduct pursuant to
Minnesota Statutes Sections 609.342 through 6093451; sexual abuse, physical
abuse ar maltreahnent of a child as defined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, including, but not limited to, acts which
constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10;
609.321 through 609.3451; or 617.246; neglect or endangerment of a child as
defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture,
distribution, sale, gift, delivery, transportation, exchange or barter of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Minnesota Statutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or distribution to others; or by the abuse of
alcohol or other drugs, that such licensee or applicant is not a person of the good
moral character ar fitness required to engage in a licensed activity, business or
profession.
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(11) The licensee or applicant has materially changed or permitted a material change
in the design, construction or configurarion of the licensed prexnises without the Q/e — 95 �
prior approval of the city council in the case of Class N licenses, the director in
the case of Class T licenses, and the inspector in the case of Class R licenses, or
without first having obtained the proper building permits from the city.
(12) The licensee or applicant has violated section 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parfe contact with a counciI
member as provided in section 310.05(o-2) of the I,egislative Code.
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in or near the establishxnent.
Section 3
This ordinance shall take effect and be in force thirty (30) days following its passage, approval
and publication.
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Requested by Department of:
By:
Form Ag»rOVQd bg ty A orney
/ �/
BY: �_� IM�(
V �
Foxm Approved by Mayor for Submission to Council
Adoption Cer�ti by
By: // /lJ///.�/
Secretary
By:
Approved
By:
� Greeo Sheet Green Sheet Green Sheet Gree,n Sheet Green Sheet Green Sheet
DeparlmentlotficekouncB: Datelnitiated:
co -�o� �� Green Sheet NO: 3033353
Contacf Person & Phane:
Councilmember Flelgen
266-8650
Must Be on Council Agenda by (Oafe):
'11-0CT-06
Dx. Type: ORDINANCE
E-0ocume'HRequired: Y
DxumentCoMact RachdGuntlerson
Confact phone: 2668778
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nssign
N4mber
For
Routing
Order
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DeoaM�ent SentToPerson lnitiallDate
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Tofal # of Signa Pa9es _(C NI L fo r S ignature)
Action RequesEed:
Amending Chapter 310 of the Saint Paul L,egislative Code to include death or geat bodily hann in a licensed establishment that is
related to a violation of law or license conditions in the penalty matrix
Matims: Apprrne (A) or F
Planning Commissiai
CB Committee
Cirl Service Commission
Persona! Service Contracts Must Mswer the
1. Has this personlfirtn e�er wpked under a cantract forthis departmenY!
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does this persm/firtn possess a skitl trot normalty possessed by any
currerR city employce?
Yes No
E�cplain ail yes answers on separate sheet and atfach to green sheet
InitiaBng Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvantageslFApproved:
Disadvantages HApprovad:
DisaMaMages IF Not Approved:
Transaction:
Funding Source:
Financiallnformation:
(Explain)
CosNtevenue Budgeted:
AcUvity Number:
Octaber4, 20i064:46PM
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