07-1053Council File # Q � �
Green Sheet # 3045801
ORDINANCE
CITY OF SAINT PAUL, NIINNESOTA
Presen[ed By
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An ordinance amending chapter 310 of the Saint Paul I.egislarive Code to
include admiuistrative penalries for food code violations.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
Section 310.05 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Section 310.05
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(m) Presumptive penalties for certain violafions. The purpose of this section is to establish a
standard by which the city council deternunes 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
substantial and compelling reasons making it more appropriate to do so. When deviating from
these standards, the council shall provide written reasons that specify why the penalty selected
was more appropriate.
Appearance
Type ofViolation
lst 2nd 3rd
4th
Revo
(1) Violations of conditions placed on the license $500.00 $1,000.0 $2,000.00 fine and cation
fine 0 fine 10-day suspension
(2) Violation of provisions of the legislative code Revo
relating to the licensed activity other than $500.00 $1,000.0 $2,000.00 fine and cation
violarions of the food code. fine 0 fine 10-day suspension
5-day 10-day Revo
(3) Failure to permit entrance or inspection by cation
LIEP inspector or police suspensi suspensio 15-day suspension
on n
(4) Commission of a crime other than a felony on $1,500.0 revoc
the premises by a licensee or employee $�00.00 � 5-day suspension a6on
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(5) Commission of a felony on the premises by a$2 000.0 Revocati
licensee or employee 0 on �a n�a
(6) Crirical Violarions under 331A $250 $500 $1000, revoc
5-day suspension. ation
(7) Non-Critical Violation under 331A $150 $ 250 $500 $1000
(i) Fines payable without hearing.
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 Deparhnent of Safety and Inspections without a council hearing, unless the
notice of violation has indicated that a hearing is required because of
circumstances which may wanant 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 presumprive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine snav be paid
without a hearine reQazdless of how manv nrior anuearances that licensee has
made before the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended bv the Department
of Safetv and Insuections is equal to or less than the fine amount outlined in the
above matrix. Pavment of the recommended fine will be considered to be a
waiver of the hearine to which the licensee is entitled, and will be considered an
"appearance" for the roumose of dete+�+ining presumptive penalties for
subsequent violations. A non-crirical violation under chauter 331A shall not be
considered an"avUearance" for purposes of determinine presumUtive nenalties
for non-331A violations. A council hearin¢ is required if the Department of
Safety and Inspections recommends a fine that is an uoward devarhxre for the
amount outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city council, the council shall
consider and act upon all the violations that haue been alleged and/or incorporated in the notices
sent to the licensee under the admuustrative procedures act up to and including the formal notice
of hearing. The council in that case shall consider the presumprive penalty for each such
violation under the "1 st Appearance" column in pazagraph (b) above. The occurrence of multiple
violarions shall be grounds for deparhire from such penalties in the council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occuiiiug after the
date of the notice of hearing that are brought to the attention of the city attomey prior to the
hearing date before an adxninistrative law judge (or before the council in an uncontested facts
hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall
in that case be treated as though part of the "lst Appearauce." 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 Appeazance" before the council. The same procedures shall
apply to a second, third or fourth appearance before the council.
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(iv) Subsequent appearances. Upon a second, third or fourth appeazance before the council by a
particulaz licensee, the council shall nnpose the presumprive penalty for the violation or
violarions giving rise to the subsequent appearance without regazd to the particulaz violation or
violations that were the subject of the first or prior appearance. However non-crirical violations
of Chapter 331A shall not be counted as an "aropearance" before the Council in relation to anv
yiolation other than another violation of Chapter 331A.
Secrion 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval
and publication.
- �.< ,�*�
�EC 3 fl �
Requested by Department of: ��
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Adopu ed
By: �
Approved
Seccetary
Form oved by Ciry Attorney
BY: �,.N6.0 1 �L(.{tLf/1 ' �"I "!� I
Form Approved by Mayor for Submission to Counci!
By: ���� �
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Adopted by Council: Date � �..` 2g I�}
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
a�-/os3
, Departmentlofficelwuncil: ; Date Initiated: I,
' S� — DepLOfSafety&Inspeceons � 30-OCL07 ! Green Sheet NO: 3045801
; Contact Person & Phone: '
� Bob Kessler 'I
26E9073
, Must Be on Council /\qenda by (Date):
Doc. Type: ORDINANCE
E•Document Required: Y
Document Contad: Robert Humphrey
Contact Phone: 266-9123
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Assig�
Number
For
Routing
Order
Total # of Signature Pages _(Ciip All Locations for Signature)
0 �eut of Satetv & Inspecrions � '
1 iDept of Safety & Inspecfions '�, Deoartment Director -
2 CitY Attoroey
3 �A ayor's OiTce ' Mayor/ASSistant
4 Councd
5 ,titv Clerk I �tv C7erk
Approval of an Ordinance amending Chapter 310 of the Saint Paul Legislative Code to include administrative penalties for food code
violations.
;aanons: t�pprove �q) or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normalty possessed by any
current city employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Approval of this ordinance necessary in order to establish the administrative penalty fees associated with the GS 3045798 proposed
ordinance.
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
Cost/Revenue Budgeted:
October 30, 2007 1:18 PM Page 1