08-465Vetoed bv Mavor
SUBSTITUTE
ORDINANCE
OF SAINT PAUL, MINNESOTA
Presented
�
An Ordinance ArKending Chapter 409 Of The Saint Paul Legislative Code To
Clarify Penalties And Establish 2:00 a.m. Closing License.
4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
5
6 Section 1
7 Section 409.26 of the Saint Paul Legislative Code is hereby amended to read as follows:
8 Sec. 409.26. Intoxicating liquor; nonintoxicating malt liquor; presumptive penalties.
9
10
11
12
13
14
15
16
17 (e) Computation of time:
:�**
18 (1) If a licensee appears before the council for any violation in paragraph (b) where that violation has
19 occurred within twelve (12) calendaz months a8er the first appearance of the same licensee for a violation
20 listed in paragraph (b) above or in 310.05 (m), the current appearance shall be treated as a second
21 appearance for the purpose of determining the presumptive penalty.
22 (2) If a licensee has appeared before the council on two (2) previous occasions, both for violations listed in
23 paragraph (b) above or in 310.05lm1, and if said licensee again appears before the council for a violation
24 listed in said paragraph (b), and if the current violation occurred within eighteen (18) calendar months of
25 the violation that gave rise to the first appearance before the council, then the current appearance shall be
26 treated as a third appearance for the purpose of determining presumptive penalty.
27 (3) If a licensee has appeared before the council on three (3) previous occasions, each for violation listed in
28 paragraph (b) above or in 310.05(m), and if said licensee again appears before the council far a violation
29 listed in paragraph (b) above, and if the current violarion occurred within thirty (30) calendar months of the
30 violation that gave rise to the first appeazance, then the current appearance shall be treated as a fourth
31 appearance far the purpose of deternvning the presuxnptive penalty.
32 (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance.
33 In case of multiple violations in any appearance, the date to be used to measure whether twelve (12),
(a) Purpose. The purpose of this section is to establish a standazd by wlvch the city council determines the
length of license suspensions and the propriety of revocations, 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 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 mare appropriate to do so. When deviating from these standards, the council
shall provide written reasons that specify why the penalty selected was more appropriate.
Council I�le # 08-465
Green Sheet # 3053233
�-
+�'28'D�
#�- �-l��
34 eighteen (18), or thirty (30) months have elapsed shall be the date of the violation last in time at the first
35 appeazance, and the date of the violation first in time at any subsequent appeazance.
36 (� Other penaZties. Nothing in this section shall restrict or lunit the authority of the council to suspend up
37 to sixty (60) days, revoke the license, or unpose a civil fine not to exceed two thousand dollars ($2,000.00),
38 to impose condirions or take any other adverse action in accordance with law, provided, that the license
39 holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this
40 Code.
41 (g Penalties for Establishments HoZdinQ a 2: 00 a m. Closine License In addition to the above penalties in
42 pazagraph (bl and/or uenalties in Chavter 310.05(mtfor establishments holding a 2:00 a.m. closinglicense
43 at the time of the adverse action, the Council shail imuose the followin� penaities as if the��ut of
44 the venalty matrix:
45 1. Suspend the 2:00 a.m. closina license for the remainder of the license term. That 2:00 a.m.
46 closine license will onlv be re-issued in accordance with & 409.27 of the Saint Paul Le�islative Code.
47 2. Impose a license condition re uiring that licensee provide workin�video surveillance
48 cameras and recorders on the nremises to provide documentation of activities on the interior and exterior of
49 the establishment If Saint Paul Police determine a ureferred nlacement for cameras licensee shall�osition
50 cameras as directed bv Saint Paul Police. Recordin�s must be maintained for a minimum of thirty�30)
51 davs and must be immediatelv available to the Saint Paul Police Denartment and the Denartment of Safetv
52 and Insnections upon request.
53 (�h) Effect of responsible business practices in determining penalty. In determining the appropriate
54 penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested
55 adverse actions or submitted to a hearing examiner in a contested hearing upon which findings of fact haue
56 been made that a licensee has followed or is likely to follow in the future responsible business practices in
57 regazd to sales to intoxicated persons and sales to minors.
58 (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may
59 include, but is not limited to, those policies, procedures and actions that are implemented at time of service
60 and that:
61 a. Encourage persons not to become intoxicated if they consume alcoholic beverages on the defendant's
62 premises;
63 b. Promote availability of nonalcoholic beverages and food;
64 c. Promote safe transportation alternatives other than driving while intoxicated;
65 d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acring in their
66 capacity as employees or agents;
67 e. Establish promotions and marketing efforts that publicize responsible business practices to the
68 defendant's customers and community;
69 f. Implement comprehensive training procedures;
�
57,�•oa
t�-�r��
70 g. Maintain an adequate, trained number of employees and agents for the type and size of defendant's
71 business;
72 h. Establish a standazdized method for hiring qualified employees;
73 i. Reprimand employees who violate employer policies and procedures; and
74 j. Show that the licensee has enrolled in recognized courses providing training to self and one (1) ar more
75 employees of the licensed establishment in regard to standards for responsible liquor service.
76 (2) For the purposes of service to minors, evidence of responsible business practices may include, but is
77 not limited to, those listed in subsection (1) and the following:
78 a. Management policies that are implemented at the time of service and that ensure the examination of
79 proof of identification (as established by state law) for all persons seeking service of alcoholic beverages
80 who may reasonably be suspected to be minors;
81 b. Comprehensive training of employees who aze responsible for such examination regarding the detection
82 of false or altered identification; and
83 c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more
84 employees of the licensed establishment in regard to standards for responsible liquor service.
�
Section 2
86 Section 409.27 of the Saint Paul Legislative Code is hereby created to read as follows:
87 409.27 2:00 a.m. Closin� Licenses
88
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93
94
95
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99
100
101
102
103
104
(a) Issuance of licenses • fee • conditions for 2: 00 a m closin�license A 2�00 a m closing license may be
issued, subiect to the apnroval of the liauor control commissioner to the vronrietor of anv establishment
that holds an on-sale intoxicatinQ liquor, on-sale wine or on-sale intoxicating malt liauor license issued
under this chanter subiect to the followin� conditions in addition to anv other license conditions•
1. The licensee shall obtain a nermit from the State of Minnesota
2. The license fee shall be naid in the amount listed in section 310 1& of this code
3. The licensee has had no prior adverse action a�ainst any on-sale license within the last year
includin� a violation in another jurisdiction.
4. Licensee shall ensure that uatrons leave the nremises in an orderly and quiet manner so as not to
create a noise or other disturbance.
5. On all davs that the establishment is oUen until2•00 a m at least two (21 emnloyees must be
present until all patrons have left the premises Licensee must file with the Deuarhnent of Safetv and
Inspections a schedule for hours of operation indicatine which davs of the week the establishment will be
open unti12:00 a.m. and which davs the establishment will close at 1•00 a m or earlier It shall be �*ounds
for adverse licensin¢ action if licensee stavs oUen later than indicated on the schedule without two (2�
em lovees present.
�T
5.7,$-oS
l/U �'I (1� �
105
106
107
108
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110
111
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114
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124
(bl Renewal of 2: 00 a.m. CZosinQ Licenses. No 2:00 a.m. closine license shall be renewed unless all of the
conditions listed in paza¢ranh (al are met.
(cZNotice. Prior to issuance of a new 2:00 am. closing license, the department of safetv and inspections
shall norify bv mail all owners of residenrial prouerty within three hundred fiftv (3501 feet of the
establishment to be licensed and a11 communityorganizations that have previously registered with such
deparnnent. The three hundred fiftv (3501 feet calculated and computed as the distance measured in a
straiQht line from the propertv line where intoxicatine liquor is sold, consumed or kept for sale to the
neazest point of the provertv line owned. If the director is recommending issuance of the license but the
affected neiehborhood organizarion(s) or other interested persons Qive norice within forty-five (45) days of
receipt of the notice, obiection to issuance of the license, the matter shall be referred for a hearine before
the legislative hearing officer, who shall give notice of the time, nlace and date of the hearin� to the
affected nei�hborhood organization(s) and the annlicant. The legisiative hearing officer shall take
testimonv from all interested persons and shall make a recommendation to the council at a public hearing
held to consider the license as to whether the matter should be referred for a hearin� before an independent
hearin� aminer in accordance with the nrocedures set forth in section 310.05. If the new 2•00 a m
closing license is issued in conjunction with any new on-sale license then the notice nrovisions applicable
to the on-sale license shall applv.
Section 3
125 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
126 publicarion.
Requested by Department oE
Adoprion Certified by Council Secretary
BY� !Y !!/A�l,��i�sc,�S!'�2
Approved by Mayo . Dat
By:
By:
Approved by the Office of Financial Services
By:
Appro by City Attorney
Bv: � rw� SZ�•o�
Approved by Mayor for Submissi 'o� to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�b'��1 S
(,`� �ouncil
Contact Person & Phone:
Rachel Tiemey
6-8778
Must Be on Council Agenda
07-MAY-0B
Doc. ORDINANCE
E-DOCUment Required: Y
DocumentConWCt: DonnaSanders
01-MAY-08 I Green Sheet NO: 3053233
� uepamneni ae�rt�orerson
0 ouncil
Assign 1 ooncil De arlmenilYirecior
Number 2 ' C1erk
For
Routing 3
Order 4
5
Contact Phone: 6-8650 I I
Total # of Signature Pages _(Clip All Locations for Signature)
An Ordinance Amending Chapter 409 of the Saint Paul Legislative Code ro Clarify Penalties and Establish 2:00 a.m. Closing
License.
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3 Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved:
Disadvantages If Approved:
Disadvantages IF Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
May 1, 2008 10:40 AM Page 1
`�"
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
June 16, 2008
Council President Kathy Lantry
and Members of the City Council
390 City Hall Telephoae.� 651-266-8510
IS WestKellogg Boulevard Facsimile: 651-266-8513
Saint Paul, MN 55102
AE�EIVEC�
JUN 16 �fl08
> , �, r:; :
310 City Hall
15 West Kellogg Blvd.
Saint Paul, NIN 55102
Dear Council President Lantry and Councilmembers:
As you know, you recently sent me two ordinances establishing a 2:00 a.m. closing
license and penalties for violations.
While we share the same goal of eliminating problem behaviors at Saint Paul bars, and
while we agree that we need to hold the owners of establishxnents accountable for poor
management practices, I fundamentally disagree with the Council's proposed solution to
the problem for the following reasons:
As Bob Kessler wrote in his May 251etter distributed to Council, the ordinances
would not provide neighborhoods with any additional protection from loud and
disruptive patron behavior than already exists. Under the provisions of the
Legislative Code the City already has the authority to impose conditions and
"revoke" the approval of any 2:00 a.m. closing license if there is evidence of
disnxptive behavior.
As Bill Collins, Tom Trudeau and Dan O' Gara said at the public hearing,
requiring at least two employees to be present from 1:00 a.m. to 2:00 a.m.,
regardless of whether disruptive patron behavior exists, and potentially
suspending 2:00 a.m. closing licenses upon any single adverse action, will result
in well-managed establishments being punished because of a handful of problem
properties.
Chief Harrington and Bob Kessler believe the time and energy required to
implement these new ordinances would be better utilized focusing our resources
on those three to five establishments where problem behavior is an issue so we
can take aggressive action to eliminate the threat to public safety. I trust Chief
Harrington's and Bob Kessler's judgment, and have full confidence that our
dedicated enforcement personnel on the ground can and will get the job done.
�
Rather than si� the ordinances into law, I have instead directed Chief Harrington and
Bob Kessler to execute a 120-day coordinated, siratea c enforcement campai� targering
a handful of establishments that have a history of problem behaviors including assaults,
disturbances, weapons and sex offenses.
This campai� will bring together the City's enforcement staff, community prosecutors,
patrol commanders and sergeants to disseminate license conditions via roll calls for
problem properties. District Councils and community organizarions will be asked to
report problem behaviors to Police and DSI. Patrol officers will write reports when they
observe any violarions of the license conditions, and we will take swift action when any
violations of the license conditions or the license code are verified. If there are no
conditions, or too few conditions, we will work with the Council to have them placed on
the license immediately. We will recommend the strongest penalties allowed, and we will
automatically recommend revocation of problem properties' 2:00 a.m. licenses.
Police and DSI will discuss progress at monthly enforcement coordination meetings at
11:00 a.m. on the first Wednesday of the month. I have directed Chief Hazrington and
Bob Kessler to provide the Council monthly updates on the campaign's success.
I am confident this enforcement strategy will accomplish our shared goals, without
creating unnecessary bureaucracy or punishing well-managed establishments.
It is far these reasons I am vetoing Council Files No. 08-464 and 08-465 and returning
them to you.
r
Sincer
r
Christopher B. Coleman
Mayor
Cc: Chief John Harrington, Police Depaxtment
Bob Kessler, Department of Safety and Inspections
�
Council File # 08-465
Green Sheet #3053233
Amended
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Ordinance Amending Chapter 409 Of The Saint Paul Legislative Code To
� Clarify Penalties And Establish 2:00 a.m. Closing License.
OF THE CITY OF SAINT PAUL DOES ORDAIN:
7 Secrion 409.26 of the Saint
8 Sec. 409.26. Intoxicating liquor;
Section 1
Code is hereby amended to read as follows:
malt liquor; presumptive penalties.
9(a) Purpose. The purpose of this section i o establish a standazd by which the city council determines the
10 length of license suspensions and the propri of revocations, and shall apply to all on-sale and off-sale
11 licensed premises for both intoxicating liquor der this chapter and nonintoxicating liquor under Chapter
12 410. These penalties are presumed to be appropn te for every case; however the council may deviate
13 therefrom in an individual case where the council ds and determines that there exist substantial and
14 compelling reasons making it more appropriate to do . When deviating from these standards, the council
15 shall provide written reasons that specify why the penalt selected was more appropriate.
16
17 (e) Computation of time:
*��
18 (1) If a licensee appears before the council for any violation in pazagrap b) where that violation has
19 occurred within twelve (12) calendar months after the first appearance of same licensee for a violation
20 listed in paragraph (b) above ar in 310.05 (m), the current appearance shall b' treated as a second
21 appearance for the puxpose of determining the presumptive penalty.
22 (2) If a licensee has appeared before the council on two (2) previous occasions, both r violations listed in
23 paragraph (b) above or in 310.05(m), and if said licensee again appears before the cow�cil for a violation
24 listed in said paragraph (b), and if the current violarion occurred within eighteen (18) cal�e�dar months of
25 the violation that gave rise to the first appearance before the council, then the current appearance shall be
26 treated as a third appearance for the pwpose of determining presumptive penalty. '`��
27 (3) If a licensee has appeared before the council on three (3) previous occasions, each for violatioh listed in
28 paragraph (b) above or in 310.05(ml, and if said licensee again appeazs before the council for a violation
29 listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months ;of the
30 violarion that gave rise to the first appearance, then the current appearance shall be treated as a fourth `�.
31 appearance for the purpose of determining the presumptive penalty. �
32 (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance.
33 In case of multiple violations in any appearance, the date to be used to measure whether twelve (12),
TLr
�=2Z-o8
�-U�5
34 eighteen (18), or thirry (30) months have elapsed shall be the date of the violarion last in time at the first
35 appeazance, and the date of the violation first in time at any subsequent appearance.
36 � Other penaZties. Nothing in this section shall restrict or limit the authority of the council to suspend up
37 to ixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollazs ($2,000.00),
38 to i ose conditions or take any other adverse action in accordance with law, provided, that the license
39 holder been afforded an opporhuiity for a hearing in the manner provided for in section 310.05 of this
40 Code.
41 (�) Penalties �&r' E:
42 ara a h an c
43 at the time of the a
44 the nenaltv matrix:
45
46
47
48
49
50
51
52 and Inspections upon request.
53 (�h) Effect of responsible business practices ' determining penalty. In determining the appropriate
54 penalty, the council may, in its discretion, cons er evidence submitted to it in the case of uncontested
55 adverse actions or submitted to a hearing examin in a contested hearing upon which findings of fact have
56 been made that a licensee has foliowed or is likely t follow in the future responsible business practices in
57 regard to sales to intoxicated persons and sales to min
58 (1) For the purposes of service to intoxicated persons, evide ce of responsible business practices may
59 include, but is not limited to, those policies, procedures and a ons that are implemented at time of service
60 and that:
61 a. Encourage persons not to become intoxicated if they consume
62 premises;
63 b. Promote availability of nonalcoholic beverages and food;
64 c. Promote safe transportation alternatives other than driving while
65 d. Prohibit employees and agents of defendant from consuming alcoholic
66 capacity as employees or agents;
beverages on the defendant's
67 e. Establish promotions and marketing efforts that publicize responsible business
68 defendant's customers and community;
69 f. Implement comprehensive training procedures;
while acting in their
to the
'j�T
_ r ��
btS-��5
70�g. Maintain an adequate, trained number of employees and agents for the type and size of defendant's
71 b�siness;
72 h. Est�lish a standardized method for hiruig qualified employees;
73 i. Reprima�d employees who violate employer policies and procedures; and
74 j. Show that th icensee has enrolled in recognized courses providing training to self and one (1) or more
75 employees of the censed establishment in regazd to standazds for responsible liquor service.
76 (2) For the purposes of�ervice to minors, evidence of responsible business practices may include, but is
77 not limited to, those liste�in subsection (1) and the following:
�
78 a. Management policies that'are unplemented at the time of service and that ensure the examination of
79 proof of idenrification (as established by state law) for all persons seeking service of alcoholic beverages
80 who may reasonably be suspecte�,to be minors;
81 b. Comprehensive training of employ s who are responsible for such examination regarding the detection
82 of false or altered identification; and �
83 c. Enrollment by the licensee in recognized�ourses providing training to self and one (1) or more
84 employees of the licensed establishxnent in reg�rd to standards for responsible liquor service.
�;�7
86 Section 409.27 of the Saint Paui Legislative Code is
87 409.2'7 2:00 a.m. Closine Licenses
88
89 (a) Issuance o Zicenses: fee: conditi�
90 issued, subject to the apnroval ofthe
91 that hoids an on-sale intoxicatin�q
92 under this chanter subiect to the fo1L
2
created to read as follows:
93 1. The licensee shall obtain a roermit from the State of Minnesota.
94 2. The license fee shall be paid in the amount listed in section 31 C
95 3. The licensee has had no nrior adverse action aeainst anv on-sai
96 including a violation in another jurisdicrion.
97 4. Licensee shall ensure that natrons lea
98 create a noise or other disturbance.
99
100
101
102
103
104
105
(b) Renewal of 2: 00 a.m. Closing Licenses. No 2:00 a.m. closine license shall be renewed unless all of the
conditions listed in para�raph (al are met.
(cl Notice. Prior to issuance of a new 2:00 a.m. closinQ license the department of safety and insnections
shall norify bv mail all owners of residential propertv within tluee hundred fifty j350) feet of the
establishment to be licensed and all communitv orQanizarions that have nreviouslv registered with such
department. The three hundred fiftv (350) feet calculated and comrouted as the distance measured in a
�
���
(�b'�
106 'Straight line from the pro�
.
107 ne`�rest noint of the prove�
108 affeoted nei�hborhood or€
109 recei �of the notice ob'e�
110 the legis tive hearing off
111 affected ne'iehborhood ors
112 testimonv fro'ru all interes
113 held to conside�the licens
114 hearin examiuer' accor
115 closinp license is iss ed v
116 to the on-sale license shal
117 '�
118
119
120 This Ordinance shall take
121 publication.
Requested by Depariment
B
Approved by the Office
By:
City Attomey
Section 3
be in force thirty (30) days foliowing its passage, approval and
Adopted by Council: Date l O�d���/J��
Adoption Certified by Co cil Secretary
$Y� .�L.1/L/l
Approved by Maydh: Date
By. ! ,� —
BY� K�W.1�,.C. II
Approved by Mayor for
By:
to
CouncilFile# b�''�(��
Green Sheet # 3053233
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
2
�
by
An Ordinance Amending Chapter 409 Of The Saint Paul Legislative Code To
\, Clarify Penalties And Establish 2:00 a.m Closing License.
COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6 � Section 1
7 Section 409.26 of the Sai�' , Paul Legislative Code is hereby amended to read as follows:
8 Sec. 409.26. Intoxicating liq r; nonintoxicating malt liquor; presumptive penalties.
9(a) Purpose. The purpose of this se tion is to establish a standard by which the city council determines the
10 length of license suspensions and t� ropriety of revocations, and shall apply to all on-sale and off-sale
11 licensed premises for both intoxicating fi�uor under this chapter and nonintoxicating liquor under Chapter
12 410. These penalties are presumed to be a ropriate for every case; however the council may deviate
13 therefrom in an individual case where the co' cil finds and determines that there exist substantial and
14 compelling reasons making it more appropriate�to do so. When deviating from these standards, the council
15 shall provide written reasons that specify why the��enalty selected was more appropriate.
16
17 (e) Computation of time.•
18 (1) If a licensee appears before the council for any violation in paragraph (b) where that violation has
19 occurred within twelve (12) calendar months after the first appear ` ce of the same licensee for a violation
20 listed in paragraph (b) above or in 310.05 (ml, the current appearanc .shall be treated as a second
21 appearance for the purpose of determining the presumptive penalty.
�..
22 (2) If a licensee has appeared before the council on two (2) previous occasi�� s, both for violations listed in
23 paragraph (b) above or in 310.05(m), and if said licensee again appears befare' e council for a violation
24 listed in said paragraph (b), and if the current violation occurred within eighteeri .18) calendar months of
25 the violation that gave rise to the first appearance before the council, then the curr t appearance shall be
26 treated as a third appearance for the purpose of determining presumptive penalty. \,
27 (3) If a licensee has appeared before the council on three (3) previous occasions, each fo uiolation listed in
28 paragraph (b) above or in 310.05(m), and if said licensee again appears before the council r a violarion
29 listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendai�months of the
30 violation that gave rise to the first appearance, then the current appearance shall be treated as a�fourth
31 appearance for the purpose of determining the presumptive penalty. \
�`
32 (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appeark�nce.
33 In case of multiple violations in any appearance, the date to be used to measure whether twelve (12), �
�' �'�
a�-y[�s
34, eighteen (18), or thirty (30) months have elapsed shall be the date of the violation last in time at the first
35 'a�ppeazance, and the date of the violation first in tune at any subsequent appeazance.
36 ( fl er penaZties. Nothing in this secrion shall restrict or limit the authority of the council to suspend up
37 to six 60) days, revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00),
38 to impose onditions or take any other adverse action in accordance with law, provided, that the license
39 holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this
40 Code. �\
41
42
43
44
45
46 (�h) Effect of responsible busin�e.rs practices in determining penalty. In determining the appropriate
47 penalty, the council may, in its di retion, consider evidence submitted to it in the case of uncontested
48 adverse actions or submitted to a he 'ng examiner in a contested hearing upon which findings of fact have
49 been made that a licensee has followecfbr is likely to follow in the future responsible business practices in
50 regard to sales to intoxicated persons and ales to minors.
51 (1) For the purposes of service to intoxicated p rsons, evidence of responsible business practices may
52 include, but is not limited to, those policies, proc�dures and actions that are implemented at time of service
53 and that �
54 a. Encourage persons not to become intoxicated if
55 premises;
56 b. Promote availability of nonalcoholic beverages and food;
57 c. Promote safe transportation alternatives other than driving
58 d. Prohibit employees and agents of defendant from consuming
59 capacity as employees or agents;
beverages while acting in their
60 e. Establish promorions and marketing efforts that publicize responsible business practices to the
61 defendant's customers and community; `
.
62 f. Ixnplement comprehensive training procedures; `�,
�
63 g. Maintain an adequate, trained number of empioyees and agents for the type and size�;of defendanYs
64 business; �
65 h. Establish a standardized method for hiring qualified employees;
66 i. Reprimand employees who violate employer policies and procedures; and
��
alcoholic beverages on the defendanYs
♦i
bg - 4f� �
.
..
69 (2) For
70 not lun
that the licensee has enrolled 'm recognized courses providing training to self and one (1) or more
:es of the licensed establishment in regard to standards for responsible liquor service.
purposes of service to minors, evidence ofresponsible business practices may include, but is
`kQ, those listed in subsecrion (1) and the following:
71 a. Management �olicies that aze implemented at the time of service and that ensure the examination of
72 proof of identificat�t�n (as established by state law) for all persons seeking service of alcoholic beverages
73 who may reasonably Fi� suspected to be minors;
74 b. Comprehensive training employees who aze responsible for such examination regarding the detection
75 of false or altered identificatio • and
76 c. Enrollment by the licensee in
77 employees of the licensed estab.
78
ed courses providing training to self and one (1) or more
in regazd to standazds for responsible liquor service.
79 Section 409.27 of the Saint Paul Legislative
80 409.27 2:00 a.m. ClosinE Licenses
81
82 �a) Issuance of licenses; fee: conditions or :
83 issued, subject to the approval of the liquor c
84 that holds an on-sale intoxicatine liquor, on-
85 under this chanter subject to the followine c�
86 1. The licensee shall obtain a permit frc
87 2. The license fee shall be paid in the a�
88 3. The licensee has had no nrior advers
89 includine a violation in another iurisdiction.
90 4. Licensee sha11 nrovide working videi
91 nrovide documentation of activities on the it
92 determine a urefened placement for camera:
93 Police. Recordines must be maintained far •
94 available to the Saint Paul Police Denartmer
95 5. Licensee shall ensure that natrons le<
96 create a noise or other disturbance.
97 6. At least two 2 emnlovees must be �r�
98 (bl Renewal of 2: 00 a.m. Closing Licenses.
99 conditions listed in paraeraoh (a) are met.
100 (cl Notice. Prior to issuance of a new 2:00 a
101 shall notifv bv mail all owners of residential
102 establishment to be licensed and all commiu
103 department. The three hundred fifty�350L
104 straieht line from the ropert�line where int
105 nearest rooint of the nronertv line owned_ Tf
Section 2
is hereby created to read as follows:
6g -�1-1a �
106
107
108
109 aYYected nei�hborhood organization(s) and the apnlicant. T'he leQislative hearin officer shall take
110 testimony from. all interested persons and shall make a recommendation to the council at a public hearin¢
111 held to consider'the license as to whether the matter should be refened for a hearinQ before an independent
112 hearing examiner fn accordance with the procedures set forth in section 310.05. If the new 2:00 a.m.
ll3 closine license is issued in conjuncrion with anv new on-sale license then the notice nrovisions applicable
114 to the on-sale license shall anplv.
115 �,
ll6 ��� Section 3
117 ':�
118 This Ordinance shall take effe�T and be in force thirty (30) days following its passage, approval and
119 publication. ?�
Approved by Mayor: Date
B
Requested by Departm�ut oE
B Y' \
Approved by the Office of Finai�cial Services
BY� . \�.
by City Attomey
BY� 'E.-Qr.[,�X. 11W� �
Approved by Mayor for Su mission to
By:
,,
�
�
Adopted by Council: Date
Adoption Certified by Council Secretary
By: