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95-1001Council Fi1e # �5 ��OQ` Green Sheet # � 3 �� S CITY OF Presented By Referred To RESOLUTION NESOTA Committee Date, RFSOLVED, that the auto repair garage license held by George L'Heurewc, dba George's Selby Auto Repair, for the premises at 880 Selby Avenue in Saint Paul, is hereby revoked effecuve upon passage and signature of this resoludon, FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the ALJ Report in this case, dated July 19, 1995, are espressly ratified and adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the AL.T is hereby adopted. This Resolution is based on the rewrd of the proceedings before the ALJ, including the hearing on June 19, 1995, the documents and e�ibits introduced therein, and the deliberations of the Council in open session on August 16, 1995. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to George L'Heureux. : Requested by Department of: Adopted by Council: Date .73 9� Adoption Certified by Council ecretary B Appz B B Form Approved by City Attorney BY� / .J �'l7 by Mayor for Submission to 9 s- \oo� DEPARTMENLOFFlCE/COUNCIL DATE INITIATED � V� 3 3 4 4 5 CON ACTPE N8PH0 E si17i9s GREEN SHEE .__ _ - INRIAUOATE INITIAIJOATE � DEPARTMENT pIRECTOR � pTY COUNdL Councilmember Blakey ASSIGN �G�TYATIORNEY �CITYCIERK MUST BE ON CAUNCIL A6ENDA BY (DATE) ROUTINGFOR � BUDGEf DIREGTOR a FIN. & MGT SERVICES OIR. OHOEN O MAYOR (OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE) ACTION REQUESTED: Finalizing City Council action taken on August 26, 1995, concerning adverse action against licenses held by George L`Heureux, dba George's Selby Auto Repair, 880 Selby Avenue. RECAMMENDATIONS: Approve (A) or Rejeet (R) PEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNMG COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worked untler a contract for ihis tlepartmentt - _ CIB WMMITTEE _, YES NO _ S7AFF 2. Has this personrcrm ever been a ciry empfoyee? — YES NO _ DisialCT COUar _ 3. Does this person/firm possess a skill not nortnally pos5essed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTNE? YES NO � F�cpfain all yes answers on aeparate sheet antl attach to greert aheet INITIATING 7ROBLEM, ISSUE, OPPORTUNITV (Who, What. When, Where, Why). ADVANTAGES IF APPROVED. DISADVANTAGES IF APPFOVED: e � �,�i� � � �Q��J DISADVANTAGES IP NOTAPPROVED. T�TA� AMOUNT OF 7RANSAGTLON $ GaSTlREVENUE BUDGE.TEO (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Tiniorhy E. Mar,K Ciry ArtomCy 95-�00� CITY OF SAINT PAUL Norm Cokman, Mayor cNr� Dmu,oR 400 Ciry Hall IS West Kellogg Blvd. Saint Pau� Minrsesoto SSIO2 Teleplwne: 6I? 266-8770 Facs'unile: 61? 298-5619 August 2, 1995 GeoTge H. L'Heureux George's Selby Auto Repair 880 Selby Avenue Saint Paul, Minnesota 55104 230TICE OF COUNCIL HEARZNG RE: Licenses held by George H. L'Heureux d/b/a George's Selby Auto Repair, located at 880 Selby Avenue, Saint Paul Our File Number: G95-0215 Dear Mr. L'Heureux: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled Por 3:30 p.m., Wednesday, August 16, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, . . �• Phili B. Byr Assistant City Attorney .�',p.'�a9'?�� t�J;; 2 iQ�S cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Anna Petefish, Community Organizer, Summit-University Council, 627 Selby Ave., St. Paul, MN 55104 Sgt. Tom Smith, St. Paul Police Dept., 100 E. 10th Planning St., St. `15 -�oo� Paul, NIN 55101 Sgt. Guy Stanton, St. Paul Police Dept., 100 E. lith St,, St. Paul, MN 55101 Officer Ray Gainey, St. Paul Police Dept. 100 E. llth St., St. Paul, MN 55101 Officer John Wuorinen, St. Paul Police Dept., 100 E. llth St., St. Paul, MN 55101 Officer Ed Lemon, St. Paul Police Dept., 100 E. 11th St., St. Paul, MN 55101 Officer Steven Payne, St. Paul Police Dept., 100 E. llth St., St. Paul, MN 55101 August 16, 1995 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1 �0 Washington Square, Suite 170� 100 Washingto� Avenue South Minneapolis, Minnesota 55401-2138 �s_ (oo\ RECEIVED Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 AUG L 81995 C{�Y CtERK, Re: In the Matter of the License of George H. L'Heureux d/bia George's Selby Auto Repair 880 Sebly Avenue, St. Paul, MN; OAH Docket No. 80-2101-9757-3 Dear Mr. Owusu: On July 19, 1995, Administrative Law Judge Mc Connell served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our ofFice in writing or telephone 341- 7642. Our file in this matter is now being closed. Very truly yours, �/ � �L�z�f�L/��/�% ' �n-8"tdi!�T ( i Plancy NI. Thomas Docket Clerk Telep hone: 612/341-7615 NT Enc. Providmg Impartial Hearings for Govemment and Citizens An Equai Opp ortunity E mploy er Administrative Law Section & Administrative Services (612) 341-7600 • TDD Na (612) 341-7346 + Fax No. (612) 349-2665 V{�s'oO, 0 AFFIDA�7IT OF SERVICE BY MAIL Rita A. McConnell, of the City of St. Paul, County of Ramsey, in the State of Minnesota, being duly sworn, states that on the 19th day of Ju1y, 1995, she served the annexed Findings of Fact, Conclusions of Law, Recommendation, and Memorandum, upon the individuals named below by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the U.S. mail at St. Paul, Minnesota as follows: City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Saint Paul, MN 55102 Mr. Philip Byrne Office of the City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Mr. George H. L'Heureux George's Selby Auto Repair 880 Selby Avenue Saint Paul, MN 55104 �� .0 �� r/�('�-1� i A. Mc nnell Subscribed and sworn to before,Yne �t�' s � Y. day of July, 1995 . STA'I'E OF I�'IINNF,SOTA OFFICE OF ADMINISTRATIVE HEARINGS ��'�O � 100 Washington Square, Suite 1700 100 Washingtan Avenue South Minneapolis, Minnesota 55401-2138 July 19, 1995 Mr. Philip Byrne Office of the City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Mr. George H. L'Heureux George's Selby Auto Repair 880 Selby Avenue Saint Paul, MN 55104 Re: In the Matter of the License of George A. L'Heureux File No. 80-2101-9757-,� Gentlemen: Enclosed please find a copy of my Findings of Fact, Conclusions of Law and Recommendation prepared in the above- captioned matter. A copy has also been served upon the City Clerk for the Saint Paul City Council on this date. r -��r 1y, �y /� z��C�---C ��l i � A. McConnell ministrative Law Judge cc: Saint Paul City Clerk' Providing Impartial Hearings for Govemment and Citrzens An Equaf Opportuniry Emptoyer Admmistrative Law Section & Admirnstrative Services (612) 341-7600 � TDD No (612) 341-7346 � Fax No (612) 349-2665 STA"I'E OF lVI1NNES0"PA nFFICE OF ADMINISTRA'TIVE FIEARINGS 100 Washington Square, Suite i7�0 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 July 19, 1995 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: In the Matter of the License held by George H. L'Heureux, dba George's Selby Auto Repair, 880 Selby Avenue File No. 80-2101-9757-2 Dear City Clerk: � I�0' Enclosed for service upon the Saint Paul City Council are the Findings, Conclusions, Recommendation and Memorandum I prepared following a hearing in the above-referenced matter A copy of this Report has also been served this day on Philip Byrne of the Office of the City Attorney and the licensee, Mr. George H. L'Heureux. Sincerely, � - _ / �� ''-F „- ita A. Mc nnell -Hearing O£ficer cc: Mr. Philip Byrne Mr. George H. L'Heureux Providing Impartial Hearings for Govemment and Cit¢ens _. _,_ _ An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No (612) 341-7346 � Fax No (612) 3d9-2665 qS_�oo� 80-2101-9757-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In Re the License of George H. L'Heureux dba George's Selby Auto Repair 880 Selby Avenue, Saint Paul FINDINGS OF FACT CONCLUSIONS OF LAW A13D RECOMMENDATIOI3 The above-entitled matter came on for hearing before Administrative Law Judge Rita A. Mc�onnell on June 19, 1995 at 9:30 a.m., in Room 41, Saint Paul City Hall and Ramsey County Courthouse, 15 West Rellogg, Saint Paul, Minnesota, 55102. The record closed on June 19 at the close of the hearing. Philip B. Byrne of the Office of the City Attorney appeared on behalf of the City of Saint Paul, Office of License, Inspection and Environmental Protection. George H. L'Heuzeux appeared pro se and on behalf of Licensee. Notice is hereby given that this Report is a recommendation only and not a final decision. The Saint Paul City Council will make the final decision. After a revieva of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. After receipt of this Report, the council shall provide the licensee an opportunity to present oral or written arguments alleging error on the part of the administrative law judge in the application of the law or interpretation of the facts and to present argument related to the recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minnesota 55102, to qs -lo�l ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUES 1) Were the restrictions placed on the license held by George L'Heureux reasonable under Section 310.06(c) of the Saint Paul Legislative Code; and 2) Do George L'Heureux's admitted violations of the license restrictions justify revocation of the license pursuant to Sections 310.06 (b)(5) and (8) of the Saint Paul Legislative Code. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. George H. L'Heureux (hereafter "L'Heureux") operates an auto repair business known as George's Selby Auto Repair at 880 Selby Avenue in Saint Paul. L'Heureux began the process of applying for a General Auto Repair license in August of 1994. City's Exhibit #5. L'Heureux opened and operated the business while the application process was being completed. 2. While L'Heureux's application was pending, the Office of License, Inspection and Environmental Piotection (LIEP) received complaints about the repair shop from neighbors and the Saint Paul Police. The neighborhood complaints were two-fold: £irst, the business brought increased congestion in and around the business premises and second, the business was providing a safe haven for so- called "street characters" who found the shop's business traffic and telephones to be convenient for making drug and other illegal transactions without the risk of detection. qs- la�� 4. Upon receiving these complaints, Rristina Schweinler, Senior License Inpector with LIEP, worked with the neighbors, the District Council, the police and L'Heureux to fashion an agreement that would permit L'Heureux to operate his business while addressing the neighborhood concerns. As a result o£ the discussions with the parties, LIEP agreed to recommend approval of L'Heureux's license application subject to certain conditions. Those conditions included restrictions on the number of vehicles parked on the premises and on the hours of operation of his business -- 9:00 a.m. to 6:00 p.m. Monday throuqh Friday and from 11:�� a.m. to 3:0� p.m, on Saturdays. 5. On April 28, 1995, Schweinler brought an agreement to L'Heureux detailing the restrictions to be placed on his license. Schweinler reviewed the restrictions with L'Heureux and explained how they varied from an earlier set of conditions agreed upon by L'Heureux in the early spring. L'Heureux expressed some dissatisfaction with the conditions, but signed the aqreement in Ms. Schweinler's presence on that date. City's Exhibits 6A and 6B 6. A resolution approving the license with the restrictions was scheduled to come before the Saint Paul City Council on May 3, 1995. On May 2, Robert Kessler, Director of LIEP, met with L'Heureux at LIEP to review the restrictions on the shop's hours of operations. Kessler requested the meeting because L'Heureux had not operated within the agreed-upon hours after signing the agreement four days earlier. During their meeting, Kessler explained to L'Heureux the importance of the conditions and LIEP's intention to enforce them strictly. L'Heureux told Ressler he understood the conditions and would comply with them, but that it would be difficult to do so when customers arrived at the shop late in the day. Ressler explained that the operation of L'Heuzeux's business later in the evening facilitated illegal activities in the area, giving the qs_�ool "street characters" a place to hide, phones to use, and legitimate business traffic to mask their activities. If L'Heureux's business were closed, the pattern of objectionable activities in that area would be easier to break. Ressler also explained that once the pattern was broken, LIEP would consider easing some of the restrictions. 7. The City Council reviewed L'Heuruex's license application at its May 3 meeting and voted to approve the application with the agreed-upon conditions. After the vote, L'Heureux and a colleague came forward and told the Council they were reluctant to follow the conditions. At the direction of the Council, Kessl.er and L'Heureux discussed the latter's reservations in the hall. Kessler reiterated for L'Heureux the need for the conditions. The Council's approval of the license with conditions was left undisturbed. City's Exhibit #5. L'Heureux received a copy of the license in the mail after May 3 that included only a partial list of the restrictions. The restricted hours of operation were not included on that list. Licensee Exhibit A. 8. After May 3, L'Heureux was routinely open for business until much later than the required closing time. As a result, LIEP began began an adverse action aqainst the license. See, City's Exhibit #8. Notice of the hearing on the adverse action was served on L'Heureux by mail on June 1, 1995. City's Exhibit #1. L'Heureux continued to operate his business we11 past the 6:00 p.m. closing time even after he was notified of the proposed adverse action. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to St. Paul Legislative Code Sections 310.05 and 310.06. �S-1�°� 2. L'Heureux received timely and proper notice of the hearing of this matter pursuant to Saint Paul Legislative Code Section 310.05(b). 3. The conditions placed on L'Heureux's license were reasonable conditions imposed "for the purpose of promoting public health, safety and wel£are, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peaceful enjoyment of urban life, or promoting security and sa£ety in nearby neighborhoods." Saint Paul Legislative Code Sec. 310.06(c). The limitation on the hours of operation, as well as the other conditions limiting the operation were reasonable "...to prevent the development or continuation of a nuisance." Saint Paul Legislative Code Sec. 310.06(c)(1) and (6). 4. Adverse action against L'Heureux's license is justified under the following subsections of Sec. 310.06: (5) The licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license. * * � * * (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. "Adverse action" includes the revocation or su5pension of a license. Section 310.01 5. These Conclusions are made for the reasons set out in the Memorandum which follows and which is hereby incorporated into these Conclusions by reference. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: °�S -!a°� RECOPIMENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council revoke the license issued to George H. L'Heureux. Dated this 19th day of July, 1995. ` ��"� � ita� A. McCon 1 inistrative Law Judge Reported: Taped (not transcribed; tape number 22,769) The license holder in this case does not deny he violated the conditions placed on his license. Rather, Mr. L'Heureux claims that the conditions imposed on his license are inherently un£air and that he was forced into the agreement without a full understanding of its import. Despite Mr. L'Heureux's protestations, LIEP made every effort to work with Mr. L'Heureux to advise him of of the problems posed by his business and to reach a suitable agreement to accomodate his concerns and those of the neighbors. When a compromise was reached, Ms. Schweinler hand-carried an agreement outlining the restrictions to Mr. L'Heureux. The Director of LIEP met with Mr. L'Heureux personally on the day before the City Council approved the restricted license to reiterate its requirements and the LIEP's expectation that Mr. L'Heureux would comply with qs-t�� those terms. Mr. Ressler met with Mr. L'Heureux again immediately after the City Council's approval of the license to explain for a third time the restrictions and their importance. In spite of this significant advance notice and warning, Mr. L'xeureux has consistently demonstrated either an unwillingness or inability to comply with conditions the city has deemed necessary for the successful and peaceful operation of Mr. L'Heureux's business in that neighborhood. Mr. L'Heureux insists he does not intend to be defiant, but that he simply needs longer working hours. He has never proposed alternative hours of operation, however. Instead, Mr. L'Heureux simply ignored the conditions and was open until long past 6:00 p.m. -- well beyond any short grace period that might necessary to address last minute problems or to perform cleaning and maintenance on the shop. Mr. L'Heuruex's interests must be balanced against those of the surrounding community and the severity of the problems it is attempting to address. His adherence to the limitations on his shop's hours of operation would permit the neighborhood to thwart illegal and dangerous activities around his business premises. In the long run, if these efforts were successful, they would benefit everyone, including Mr. L'Heureux. Because Mr. L'Heureux has shown himself unwilling to be a partner with the community in these important efforts, he should forfeit his right to operate in that location. R.A.M. �5'� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COiINCIL OF TFIE CITY OF SAINT PAUL In re the License of George L'AeureLix dba George's Selby Auto Repair June 19, 1995 1. Burden of Proof. (a) Preoonderance of the Evidence. Memorandum on Burden of Proof and Evidence In a civil hearing concerning adverse action on municipal licenses, the City as the licensing authority must prove its case by a preoonderance of the evidence. Minn. R. 1400.7300, subp. 5. The City's evidence must lead the trier of fact to believe that it is more likely that its case is true than not true. See Civil Jury Instruction Guides, JIG II 70 G. If there is the slightest tipping of the scales in the direction of the City by credible evidence, then it has proved its case. It is not necessary in a civil case, as this is, to prove the case beyond a reasonable doubt. The criminal standard is not applicable here. The Minnesota Court of Appeals, in In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988), said the following: "The burden of proof in Kaldahl's criminal misdemeanor trial was different from the burden of proof in the administrative proceeding which resulted in the (administrative) order. ... Unless otherwise Arovided bv prepondeYance of the evidence." See Minn.R. 1400.7300, subp. 5(1985); In re Schultz, 375 N.W.2d 509, 514 (Minn. App. 1985)." (Emphasis added.j qs—��s Also see In re Wana, 441 N.W.2d 488, 492 (Minn. reaffirmed the preponderance disciplinary hearings. (b) Substantial Evidence. standard Por 1989), which administrative In re Wana, 441 N.W.2d 488, 492 (Minn. 1989), also makes clear that the decisions of the administrative agency must be supported by "substantial evidence on the record as a whole." The findings of the AL7 in this case, and later those of the City Council, as in other license proceedings, must be supported by "evidence that a reasonable mind miaht accept as adequate," in the context of the entire record. 441 N.W.2d at 492. 2. Hearsav Bvidence. (a) Police Reports. Police reports which recite the personal observation and experiences of the police officers who wrote them are admissible in administrative hearings, and may support findings made by the administrative or quasi-judicial body which is holding the hearing. Sabes v. City of Minneavolis, 265 Minn. 166, 120 N.W.2d 871, 877-78 (Minn. 1963). This is an exception to the hearsay rule, based on the admissibility of the official reaords and reports of public officials. Thus the report of Officers Winsor and Johnson, Eshibit 11, is admissible in this hearing in that it contains the personal observations and experiences of the officers in question. (b) Generallv. In Hagen v. State Civil Service Board, 282 Minn. 296, 164 2 qs— ca� � N.W.2d 629, 632 (1969), the Minnesota Supreme Court stated in a case dealing with a challenge to evidence that a civil service board had admitted: �'It is true that an administrative body acting quasi- judicially is not bound by strict procedural rules which circumscribe the action of a court, and that incompetent evidence is not fatal to its determination." The Minnesota Supreme Court, while recognizing that hearsay evidence is admissible in administrative disciplinary hearings and that hearsay evidence alone miaht be sufficient to sustain a decision, holds that in most cases hearsay evidence alone will not be enough. In re Wana, 441 N.W.2d at 495. Minn. Stat. sec. 14.60, in providing for the evidence that may be received and heard by administrative agencies subject to the state APA, states in part: "In contested cases agencies may admit and give probative efPect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs." Sec. 14.60, subd. 1. 3. Resnonsibilitv for Employees� Actions. Section 310.17 of the Legislative Code provides in pertinent part that "(a)ny act or conduct by any ... employee ... of a licensee, ... which act or conduct takes place on the licensed premises ... (and which act violates federal, state or local law) ..., shall be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. ..." The licensee thus is liable for the acts of his employees in taking part in the 3 Qs-�°°� violations of the license conditions by working or allowing work after the hours indicated. Respectfully submitted this � day of �, 19(�. � Philip B. Byrn Assistant City ttorney 400 City Hall 15 West Kellogg Boulevard 612-266-8710 Atty. Reg. No. 13961 qs• t�o� Date: Jun 14 RESTRICTIONS SCREEN LICENSE ID: 53943 DBA:GEORGE'S SELBY AUTO REPAIR NOTE: 1:1. THE TOTAL NUMBER OF VEHICLES ON THE LOT AT ANY 2:TIME SHALL NOT EXCEED SIX IN NUMBER, REGAFLDLESS 3:OF OWNfiRSHIP OR RELATIONSHIP TO THE LICENSED 4:BUSINESS. 5:2. ALL REPAIR WORK SHAI,L BE DONE WITHIN AN 6:ENCLOSED BUILDING. 7:3. THERE SHALL BE NO OUTSIDE STORAGE OF ANY KIND. 8:4. GRAFFITI SHALL BE OBLITERATED, PAINTED OVER OR 9:REMOVED FROM THE BUILDING IN WHICH THE LICENSED lO:ACTIVITY OCCURS WITHIN 72 HOURS OF ITS APPEARANCE 11:OR SOONER. 1L:5. THE LICENSSS SiIALL PROVIDE P.ND ^4AINmP_SN PN 13:INTERIOR CUSTOMER WAITING AREA. 14:,6. THE EXTERIOR OF THE PROPERTY MUST BE IzEPT 15:CLEAN AND FREE OF DEBRIS. NOTE:16:7. THE LICENSEE SHALL TAKE REASONABLE STEPS TO 17:PREVENT HIS LICENSED PREMISES, WHICH SHALL INCLUDE 18:THE INTERIOR VEHICLE REPAIR AREA, THE CUSTOMER 19:WAITING AREA, AND THE PARKING LOT OUT FRONT 20: (A) FROM BEING USED IN ANY WAY TO ASSIST OR 21: OR FACILITATE TRANSACTIONS IN STOLEN 22; PROPERTY, DRUGS OR OTHER ILLEGAL SUBSTANCES, 23: (B) FROM BEING USED BY PERSONS SELLING OR 24: TRANSFERRING STOLEN PROPERTY, DRUGS, OR 25: OTHER ILLEGAL SUBSTANCES ON SUCH LICENSE 26: PREMISES. 27:8. AS PROVIDED BY THE NONCONFORMING USE PERMIT 28:FOR THE LICENSED PREMISES, THE AOURS OF OPERATION 29:OF THE LICENSED BUSINESS SHALL RE LIMITED TO 30:9:00 A.M. - 6:00 P.M. MONDAY - FRIDAY, AND NOTE:31:11:00 AM 32:BE CLOSED 33:BliSIN^nSS 34:LICENSEE 35:PREMISES, 36: 37: 38: 39: 40: 41: 42: 43: 44: 45: 0 - 3:00 PM SATURDAY. THE BUSINESS SHALL ON SUNDAY. AT ALL OTHER TIMES, THE PREMISES SHALL BE LOCKED AT�TD VAC.ANT, THE SHALL NOT WORK IN OR ON THE LICENSED AND TAE BUSINESS SHALL BE CLOSED. — �re _ �x� . � OFFICE OF THE CITY ATTORNEY TunuhyEX�,6ry.funmey 9� ao� CITY OF SAINT PAUL �„� ca� a�a�. �� 400 6ry HaII ISWe¢SeIIoggBWd S�t Pm�l, M��a SSZ02 Tdghonc 672 JbbS7l0 Facmru7t 672 2S�S6I9 June 19, 1995 CITY�B PROPOSED ESHIBITS In re the License of Georqe H. L�Heureug dba Georqe�s selby Auto Repair 880 selby Avenue, Saint Paul Hearing Date: June 19, 1995 1. 2. 3. 4. 5. 6. Notice of Hearing, June 1, 1995, with attached affidavit of service by mail (5 pp). Saint Paul Legislative Code, Chapter 310, Uniform License Procedures (20 pp). Saint Paul Legislative Code, Chapter 423, Automobile Repair Garage License Provisions (2 pp). City of St. Paul, License Division record (1 p.). Certified copy of City Council Resolution, C.F. No. 95-321, adopted May 3, 1995, with attached conditions (6 pp.). License Conditions, agreed to by George L'Heureux, April 28, 1995, in the presence of Kris Schweinler (2 pp.). 7e't. Police Report (C.N. 95-062-310), May 9, 1995, Officers Wuorinen and Gainey (1 p.). 7d. tt �ANE L� 199.� 8. Report, May 16, 1995, LIEP Director Robert Kessler (1 p.). 9. Police Report (C.N. 95-074-446), May 30, 1995, Officers Winsor and Johnson (1 p.). �d . � � OFFIC�F THE CITY ATTORNEY - Timothy r, CiryAnomcy �� ' � • CITY OF SAINT PAUL Cn'�Drv;�an Nomn Coleman, Mayor 400 Ciry NaU Tclephonc- 672 2668710 ]5 West Kellogg Blvd Facsimile: 6I2 298-5619 Sairs! Paul Minnerota 55702 June 1, 1995 NOTICE OF AEARZNG George H. L'Heureux George's Selby Auto Repair 88o Selby Avenue Saint Paul, Minnesota 55104 RE: All licenses held by George x. L'Heureux dba George's Selby Auto Repair for the premises located at 880 Selby Avenue in St. Paul Our File Number: G95-0215 Dear Mr. L'Heureux: Please take notice that a hearing will be held at the £ollowing time, date and place concerning all licenses for the premises stated above : Date: June 19, 1995 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Rellogg Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Rita McConnell Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 341-7615 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses £or intoxicating and non-intoxicating liquor, authority is �, In re the Licenses of George H. L'Heure — dba George's Seiby Auto Repair — City's Earhibit #1 � � G� ,�- � � also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: "The basis for adverse action is that you have violated the conditions that were placed on your repair garage license. This license was approved by the City council on May 3, 1995, and the license incorporated the conditions which you approved and consented to on April 28, 1995. These violations include: You have operated the business outside the hours permitted by your special condition use permit and by the license conditions on the following dates: On Tuesday night, May 9, 1995, the business was open and operating at l0:lo p.m. On Wednesday night, May lo, 1995, the bnsiness was open and operating at 7:45 p.m. On Thursday night, May 11, 1995, the business was open and operating at approximately 7:20 p.m. On Monday night, May 15, 1995, the lights were on and the side door was open, and there was at least one person in the premises at 9:00 p.m. On Thursday night, May 18, 1995, the business was open and operating at 7:45 p.m. The city license office may present, either through its staff or private individuals, testimony as to operations on other occasions between May 18, 1995 and the date of the hearing. You have permitted more than 6 cars on the lot on every date from April 28, 1995 (with the exception of Sunday, May 14, 1995) to May 19, 1995. Testimony may be presented of other violations from and after May 19, 1995, and up to the date of the hearing. You have failed to licensed premises drugs and from transactions. take reasonable steps to prevent the from being used by persons selling being used to facilitate such • � , qS� �� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice o£ law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, . 9� . Phil By ne Assistant City Attorney � � �S cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Of£ice of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Gerry McInerney, Legislative Aide, Room 310A City Hall Anna Pete£ish, Community Organizer, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 Sgt. Tom Smith, St. Paul Police Dept., 100 E. lOth St., St. Paul, MN 55101 Sgt. Guy Stanton, St. Paul Police Dept., 100 E. ilth St., St. Paul, MN 55101 Officer Ray Gainey, St. Paul Police Dept. 100 E. llth St., St. Paul, MN 55101 Officer John Wuorinen, St. Paul Police Dept., 100 E. 11th St., St. Paul, MN 55101 � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) ❑ ��'" l 01 AFFIDAVIT OF SEROICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 1, 1995, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: George H. L'Heureux George's Selby Auto Repair 880 Selby Avenue Saint Paul, MN. 55104 (which is the last known address of said same, with postage prepaid, in the� Paul, Minnesota. Subscribed and sworn to before me this ist day of June, 1995. ��+-�CM7(__ �7`� Nota y Publ'c �n) and depositing the States mails, at St. a YAJ. FlOYO pt�LNi-iNNL�SOiA � �� S_ �� . � �?�� - – a�� SUBTITLE A. IN GENERAL Chapter 310. Uniform License Procednres Sec. 310.01. Definitions. LICENSES For the purposes of this chapter, any chapter of the Legislative Code pertaining to licenses as her� inafter mentioned, and subsequently enacted or- dinances establishing or relating to the require- ments for Class I, CIass II and Class III licenses under authority of the City of 5aint Paul, the terms defined in this section shall have the mean- ings ascribed to them: Adverse action means the revocation or suspen- sion of a license, the imposition of conditions upon a license, the deniai of an application for the grant, issuance, renewal or transfer of a license, the im- position o£ a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a li- cense, licensee or applicant For a license. Adverse action includes any o£ the foregoing directed at one (i) or more licenses held by a licensee at any location in the City of Saint Paul. Adverse action also includes disapproval of licenses issued by the State of Minnesota under statutory provisions which permit the governing body to disapprove the issuance of the license. Bond means a bond meeting the requirements of section 310.07 and indemnifying the City of Saint Paul against all claims, judgments or suits caused by, resulting from or in connection with any licensed business, activity, premises, thing, facility, occurrence or otherwise under these chap- ters. Building ofTzci¢l means the official in the o�ce of license, inspections and environmental protec- tion charged with the responsibility of enforce- ment of the building code. Chapters and these chapters shall mean this Uni- form License Ordinance, any chapter of the Leg- islative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordinances establishing or relating to the requirements for Class I, Class II and Class III licenses under au- thority af the City of Saint Paul. Supp. No. 26 Automobile Repair Gazage and Body Shop Animal Foods Manufacturing and Distributing Amusement Rides Mechanical Amusement Devices Bill Posters Bituminous Contractors Boarding and Roominghouses; Domutories Bowling Alleys; Pool Halls Christmas Tree Sales Cigarettes Close-Out Sales Building Contractors Dry Cleaning and Dry Dyeing Piants; Laundries Electrical and AppJiance Repair Fire Alarm—Telephone Devices; Appazatus Installers Florists Food License Fuel Dealers—Liquid Fuel Fuel Dealers—Solid �el Fumigating—Pest Control Gasoline �'iliing Stations Private Fuel Pumps Iiardware Stores House Sewer Contractors Ice Cream Processing and Dis- tributing Mercantffe Broker Milk Oil—Bulk Storage Opticians Pawn Shops Peddlers Soliciting I.egislatiue Code Chapter 315 316 314 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 2027 ■ In re the Licenses of George H. L'Heure � — dba George's Selby Auto Repair — City's Exhibit #2 § 310.01 Class I licenses means those licenses which can be approved and issued or denied by the director, subject to the procedures required by these chap- ters. The following licenses aze so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: Class I Licenses �.�- �°°� r� L J � • § 310.01 Class I Licenses Pet Shops Radio and Television Repairs Rental of Ciothing Rental of Hospital Equipment Rental of Kitchenwaze Rental of Trailers Roller Rinks Sanitary Disposal Secondhand Dealers Sidewalk Contractors Solid Waste Sign and Billboazd Construction Sound Trucks and Broadcasting Vehicles Public Swimming Pools Tow Trucks—Service Vehicles Tree Trimming Vending Machines Veterinary Hospital Window Cleaning Block Parties Tattoo Pazlors Wrecking of Buildings Building Trades Business Li- censes Building Trades Certificates of Competency Finishing Shop Tire Recapping Plants Transient Merchants Therapeutic Massage Center Therapeutic Massage Practi- tioner LEGISLATIVE CODE L£gZSZO.hU2 Code Ch¢pter 347 348 349 350 351 352 353 354 35b 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 412 414 Cl¢ss II lzcenses means those licenses vchich must be approved or denied by the director, sub- ject to the procedures required by these chapters. The following licenses are so class�ed, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: C1¢ss ZI Licenses Legisl¢tive Code Auctioneers—Short Term License Supp. No. 26 Chapter 390 L2gLSI6CZUC Cluss II Licenses Code City Gambling Permit Section 402.06 Soliciting Funds—Tag Chapter 391 Days Temporary On-5ale Beer Section 410.10 Temporary Wine and Li- Section 409.25 quor Class 777 licenses means those licenses which can be approved or denied only by the council, subject to the procedures required by these chap- ters. The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: Legislatioe Code Cl¢ss III Licenses Ch¢pter Auctianeers 400 Motor Vehicle and Parts Dealer 401 Bingo 402 Bingo Halls 403 Private Clubs 404 Dance Halls 405 Game Rooms 406 Hotel 407 Junk Salvage and Scrap 408 Intoxicating Liquor 409 Noninto�cicating Liquor 410 Entertainment 411 Conversation Parlors 413 Motion Picture Theatres 415 Motion Picture Drive-In The- 416 atres Parking Lots 417 TaYicahs 376 Gambling License 419 Director means the director of the office of li- cense, inspections and environmental protection, unless otherwise defined in the specific chapter, section or subdivision referred to. Diaision means the o�ce of license, inspections and environmental protection as the successor to the former division. Fee means and includes both the license £ee and applicatian fee unless otherwise provided. 2028 �� x: � �S_to�� . . Inspector as used in these chapters means the director of the office of license, inspections and environmental protection or his or her designee, LICENSES § 310.02 ��, �� .�✓� License means and includes all licenses and per- mits provided for or covered by these chapters. License also includes licenses issued by the State of Minnesota under statutory provisions which permit the goveming body to disapprove the issu- ance of such licenses, for the purposes of making procedures in Chapter 310 of the Legislative Code applicable to the approval or disapproval of such licenses. Person means and includes any person, firm, corporation, partnership, company, organization, agency, club or any group or association thereof. It shall also include any executor, administrator, trustee, receiver or other representative appointed by law. Zoning ¢dministrator means the official charged with responsibility for enforcement of the zoning code. (Code 1956, § 510.01; Ord. No. 17303, § 3, 10- 29-85; Ord. No. 17569, § 1, 6-7-88; Ord. No.17919, § 1, 3-31•92; C.F. No. 93-1645, § 8, 12-30-93; C.F. No. 94•46, § 6, 2-2-94; C.F. No. 94-500, § 2, 7-6-94; C.F. No. 94•898, § 1, 7-13-94) Sec. 310.02. Application. (a) Form. All applicants for licenses or permits issued pursuant to these chapters shall make both original and renewal applications to the inspector on such forms as aze provided by the division. Such applications shall not be received by the in- spector until completely filled out, accompanied by all fees, insurance policies, bonds, deposits, sureties, and indemnifications or certificates re- quired by these chapters, together with the certi- fication required in pazagraph (b) below. (b) Taxes. No person shall be granted a license, a renewal of a license or transfer of a license re- quired by the Saint Paul Legislative Code unless, prior to and in addition to any other require- ments, rules or ordinances heretofore or hereafter required, the Ramsey County Department of Prop- erty Taxation certifies that said applicant has paid any and all ta�ces, real or personal, before said tases become delinquent, on any property, real or Supp. No. 26 personal, situated within the City of Saint Paul and used in connection with the business oper- ated under said license. I�TOtwithstanding the previous paragraph, the council, the director or the inspector may issue, renew or transfer a license if it is found that: (1) The applicant has made an agreement sat- isfactory to the Ramsey County attorney to pay delinquent tases in periodic install- ments; (2) The applicant has properly commenced a proceeding to contest the amount of tax due or the valuation of his property, and has made all partial payments required by law in connection with such proceeding; or (3) The business property with respect to which taxes aze delinquent is not owned by the applicant, but by a lessor, and it would be inequitable to require the lessee to pay such tases. If a license is issued, renewed or transferred be- cause of the existence of an agreement as de- scribed in subsection (1) above, the license may be revoked if the licensee defaults upon such agree- ment. (c) Addition¢l information. The inspector shali prescribe the information required to be submitted by each applicant in his application, in addition to that required by specific sections in these chap- ters, as may be necessary to carry out and enforce any provision hereunder. He shall require in every case the applican� to submit his name; business or corporate name; names of partners, officers, direc- tors, shareholders or trustees involved in the busi- ness; age; address; description or blueprint of the premises, if any, and the owner thereof, and loca- tions and addresses of other business locations in Minnesota. (d) No re¢pplication within one (1) year after de- ni¢l or revoc¢tion. No person may apply for any license within one (1) year of the denial or revo- cation of the same or similaz license by the city council, if such denial or revocation was based solely or partially upon misconduct or unfitness of the appiicant, evidence of violations of law in- volving licensed premises, evidence that the ap- � 1 •� q.s• �pO� • § 310.02 LEGISLATIVE CODE plicant had been involved in the operation of a nuisance, or fraud or deception in the license ap- plication. Denial of a license, as used in this paza- graph, shall include a refusal of permiesion to transfer a license to the applicant. A license is "similaz," within the meaning of this pazagraph, i£ the hasis upon which the revocation or denial of the original license was made would have been a relevant basis on which to deny or revoke a li- cense of the type subsequently applied for. (e) Re¢pplication ¢fter denial; "interest" of ap- plic¢nt in reuoked license. An applieation by a person having an interest in, or whose shaze- holders or o�cers have an interest in, any prem- ises or enterprise whose license has been revoked or to which a license has been denied shall be treated as an application by the person whose li- cense was denied or revoked. The term "interest," as used in this paragraph, includes any pecuniary interest in the ownership, operation, management or profits of an establishment, but does not in- clude: bona fide loans; bona fide rental agree- � ments; bona fide open accounts or other obliga- tions held with or without security arising out of the ordinary and regulaz course of business of selling or leasing merchandise, fietures or sup- plies to such establishment; an interest in a cor- poration owning or operating a hotel but having at least one hundred fifty (150) or more rental units holding a license in conjunction therewith; or ten (10J percent or less interest in any other corporation hoiding a license. (fl Prohibition on re¢pplic¢ttion; exception. The prohibition on reapplication herein provided shall not apply in cases where it is otherwise er.pressly provided by statute or ordinance. (g) Waiting period ¢fter filing of petition. Any petition required to be filed with the application for any license shall not be considered as officially fiiled and irrevocable until seven (7) worlring days after a petition is received in the inspector's of- fice. During the seven-day waiting period, any sig- nator of any peiition may withdraw his name therefrom by written request, and such request shall be appended to the subject petition and made a part thereo£ After the seven-day waiting pe- • riod, signatures may not be withdrawn unless it is shown they were obtained by fraud or duress. Signatures withdrawn or obtained by fraud or du- ress shall not be counted in determining the suf- ficiency of the petition. This subdivision sha11 apply in any case where the applicant for a li- cense or license transfer must present a state- ment in writing signed by a specified number or percentage of persons that they have given their consent to the grant of the license or license transfer. (Code 1956, § 510.02) Sec. 310.03. Investigation and review of new applications, etc. The inspector shall determine the suFficiency and accuracy oF each new application and obtain such criminal history information as may be used under Minnesota Statutes, Chapter 364, and is otherwise available by law. The inspector shall make reasonable and appropriate investigation of the premises or personal property, vehicles or fa- cilities, as may be involved in or related to the licensed activity, and shall request, where appro- priate, the assistance of other city divisions or departments in making additional investigations for the purpose of determining whether the appli- cant is or wili be in compliance with all applicable ordinances and statutes. The approval of such other divisions or departments is not required for issuance of a license unless otherwise required by spec�c sections in these chapters. All new appli- cations shall be reviewed by the zoning adminis- trator or his designee for compliance with all re- quirements of the Saint Paul Zoning Code, and no new license shall be granted without full compli• ance with said requirements. All new applica- tions involving a premises, location, building or structure shall be referred to the director of the department of fire and safety services and to the building of�cial for investigation and recommen- dation. (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) Sec. 310.04. Levels of approval; recommen- dations. (a) CZ¢ss I Zicenses. Where an application for the grant, issuance, renewal or transfer of a Class I license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspension of, or the imposition of conditions upon, �'�'� Supp. No.26 2030 qs. �oo� /—.-. • �; � �s`�' �,'h ,' �;, _ �: �.w �;> . , LICENSES such license, the director shall grant, issue, renew or transfer said license in accordance with the application. (b) Class ZI licenses. Where an application for the grant, issuance, renewal or transfer of a Class II license meets all the requirements of law, and there effists no ground for denial, revocation or suspension of, or the imposition of conditions upon, such license, the director shall grant, issue, renew or transfer said license in accordance with the application. (c) Class I¢nd Class II Zicenses, if denied by director. Tn the event the director, in the case of both Class I and Class II licenses, determines that the appiication for grant, issuance, renewal or transFer of the license dces not meet all the re- quirements of law or that there exist grounds £or denial, revocation, suspension or other adverse ac- tion against the license or the licensee,the direc- tor shall recommend denial of the application and follow the pmcedures for notice and hearing as set forth in section 310.05. (d) Class III licenses. (1) Grant, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, and after the investigation required, the director shall na tify the council. A public hearing shall be held on the grant,issuance or transfer of all Class III licenses. In any case where the director recommends denial of the grant, issuance, renewal or transfer of a Class IIT license, or where the council believes that there is evidence which might result in ar tion adverse to the original or renewal ap- plication, the director on his or her own ini- tiative, or at the direction of the councii, shall follow the pmcedures for notice and hearing as set forth in section 310.05. Where the application for the grant, issuance, re- newal or transfer ofa Class III license meets all the requirements of law, and where there eusts no ground for adverse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renemal. The direetor shall in writing no- tify the council, and the affected neighbor- Supp. No. 27 2031 § 330.04 hood organization(s) established for citizen participation purposes, at least sigty (60) days before the espiration date of all Class III licenses. A public hearing on the renew- al of any such license shall not be held eg- cept on the request of a councilmember, which request shall be incorporated in the form of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighhorhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 31Q.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there effists no ground for adverse action, the council shall by resolution di- rect that the director issue the license in accordance with law (e) Appeal; Class I or Class II Iicenses. An ap- peal to the city council may be taken by any per- son aggrieved by the grant, issuance, renewal or transfer of a Class I or Class II license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days aftzr the action by the director. The only grounds for ap- peal shall be that there has been an error of law in the grant, issuance, renewal or transfer of the li- cense. The appeal shall be in writing and shall set forth in particulaz the alleged errors of law. The council shall conduct a hearing on the agpeal with- in thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofar as is prac- ticable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the license. (fl No waiaer by renewal. The renewal of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 419-58; C.F. No. 94-500, § 1, 7-6-94) �IS -� § 310.05 • Sec. 310.05. Hearing procedures. LEGISLATIVE CODE (a) Aduerse action; notice and hearing require- ments. In any case where the council may or in- tends to consider any adverse action, including the revocation or suspension of a license, the im- position of conditions upon a license, or the denial of an application for the grant, issuance, renewal or transfer of a license, or the disapproval of a license issued by the State of Minnesota, the ap- plicant 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 estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse ac- tion is or will be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a � reasonable time beFore the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon vchieh the adverse action may be saught or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attomey. (c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held beFore the coun- cil. Otherwise the hearing shall be conducted be- fore a hearing esaminer appointed by the council or retained by contract with the city for that pur pose. The applicant or the licensee shall be pm vided an opportunity to present evidence and ar gument as well as meet adverse testimony or evidence by reasonable cross-egamination and re- buttal evidence. The hearing examiner may in its discretion permit other interested persons the op- portunity to present testimony or evidence or oth- erwise participate in such hearing. (c-1) P�ncedure; hearing examiner. The hearing examiner shall hear all evidence as may be pre- • sented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, the hearing eaaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing esaminer. After receipt of the hearing e%am- iner's findings, conclusions, and recommendations, the council shall provide the applicant or licensee an opportunity to present oral or written argu- ments alleging error on the part of the examiner in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the exa findings and recommendations, togeth- er with such additional az�uments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shail be by resolution. The council may accept, reject or modify the findings, conclusions and rec- ommendations of the hearing examiner. (c-2) Ex-p¢rte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the counril's final deliber- ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or oginion about the matter, or any is- sue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures conceming a license matter. An interested person, for the purpose of this pazagraph, shall mean and include a person who is an o�cer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a 5nancial interestin such licensee. (d) Licensee or applicant may be represented The licensee or applicant may represent himself or choose to be represented by another. g" � T � �� Supp. No. 27 2032 q5-�oo� f� "� � , .�, �� ' ��, L� LICENSES (e) Record; evidence. The hearing examiner shali receive and keep a record of such proceed- ings, including testimony and ezchibits, and shall receive and give weight to evidence, including heazsay evidence, which possesses probative val- ue commonly accepted by reasonable and prudent persons in the conduct of their affairs. (fl Council ¢ction, resolution to cont¢in �'ind- ings. Where the cAUncil takes adverse aetion with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additional prceedures rohere required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such provisions shall be complied with and shall supersede inconsistent provisions of these chap- ters.'i'his shall include, without limitation by rea- son of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A415. (h) Discretion to he¢r notwithstanding rvith- dr¢wa1 or surrender of appZic¢tion or Zicense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regazding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or appiica- tion, if the attempted withdrawal or surrender t4ok place after the applicant or licensee had been notified of the hearing and potential adverse ac- tion. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attomey representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 27 2033 § 330.05 (j) If the councii imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible foz taking reasonable steps to make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but aze not limited to, the cost of the administrative law judge or independent hearing eaaminer, stenographic and recording costs, copying costs, city sta$' and attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the heaz- ing, and the cost oF eapert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (ri) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, and/or the circum- stances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfaze; (iv) the violation involved unreasonable risk of harm to wlnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was su�eiently in contml of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required in- surance policies; (vi) the violation is covered by the matrix in section 40926 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of fznes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such °I S — � § 310.05 LEGLSLATIVE CODE • amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Zb the eatent anp other pmvi- sion of the Legislative Code provides for the im- position of a fine, both provisions shall be read together to the eatent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 419-SS; Qrd. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-59; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94) Sec. 310.06. Revocation; suspension; ad- verse actions; imposition of con- ditions. (a) Council may taTze adverse action. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses � or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsec�tion (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, 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 foliowing rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was prceured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in � or accompanying the application. (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 apglicabte health, housing, fire, zo ni�o and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to eom- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose cronduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the pmvisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said apglicant frnm holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted 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 li- censed activity or from which an infer- ence of lack of fitness or good chazaeter may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such businesa is operated, maintains or per- C��''fi ��`' Supp. No. 27 2034 qs_�aa 1 � C-�� • ,' . ✓ LICENSES § 310.06 mits conditions that unreasonably annoy, injure or endanger the safet}; health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Legislative Code. (10) (11) The licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to Minnesota Stat- utes Sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreat- ment of a child as defined in Minnesota Statutes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a vio]ation of Minnesota Statutes Sections 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; ne- giect or endangerment of a child as defined in Minnesota Statutes Section 626.557, sub- division 2; the manufacture, distribution, sale, gift, delivery, transportation, eachange or barter of a contmlled substance as de- fined in Minnesota Statutes Chapter 152; the possession of a contmlled 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 alcohoi or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior ap- provai of the city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 27 (12) The licensee or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited eg partz contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "appiicant' for the pur- pose oF this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled to the protection of the FirstAmendment, notwith- standing the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the pmtec�ted speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of rnasonable conditions and/or restrictions. When a reasonable basis is found to impose reasonable conditions andJor restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions ancUor restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or pmmoting security and safety in nearby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose (sie] particulaz type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its pazking lot or immediately adjacent area; (4) A requirement to pmvide off-street pazking in excess of other requirements of law; 2034.1 qs.. �ou� § 310.06 LEGISLATIVE CODE • (5) A limitation on the manner and means of (4) The management practices of the licensee advertising the operation or merchandise or applicant with respect to each of such of the licensed establishment; licenses; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the chazacter of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or Jicens- es; the inspector has the same power with respect to Class II licenses. The crouncil may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance, renewal or � transfer thereof, or upon and as part of any ad- verse action against a license or licenses, inciud- ing suspension. Conditions imposed on a license or licenses shall remain on such licenses when renewed and shall continue thereafter until re- moved by the council in the case of conditions on Class III licenses or conditions imposed by ad- verse action, and by the inspector in the case of Class I and II licenses. (d) Standards for m,ultiple license determina- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the council to exist upon which the ad- verse action would be based; (2) The policy andlor regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The intenelatianship of the licenses and • their relative unportance to the overall busi- ness enterprise of the licensee or applicant; (5) The estentto which adverse action against less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; (6) T`he hazdship to the licensee or applicant that would be caused by applying adverse action to all licenses or applications; and (7) The hardship and/or danger to the public, or to the public health and welfare, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 941340, § 3, 10-19-94) Sec. 310.07. Termination of licenses; surety bonds; i„c�.�.,ce coatracts. (a) Automutic termination, reinstatement; re- sponsibility oF licensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, de- posits, guazantees, bonds or certifications shall automatically terminate on cancellation or with- drawal of said policies, deposits, bonds or certifi- cations. No licensee may continue to operate or perform the licensed aetivity aftzr such termina- tion. The licensee is liable and responsible for the filing and maintenance of such policies, deposits, guarantees, bonds or certifications as are required in these chapters, and shall not be entitied to as- sert the acts or omissions of agents, bmkers, em- ployees, attomeys or any other persons as a de- fense or ,}ustification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such poli- cies, deposits, bonds or certifications within thirty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30) days, the applicant must reapply for a renewal of his license as though it were an original applica- tion. � �z;�.�; ��g� Supp. No. 27 20342 qs_�aot ��f . �� `"'�u� z�? � � LICENSES § 330.09 (b) Bonds ¢nd insurarzce reguiremzrzts: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- ten by surety companies authorized to do business in the State of Minnesota. All in- surance policies required by these chapters shall be written by insurance companies au- thorized to do business in the State of Min- nesota. (2) Appmved as to Form: Ali bonds filed with the City of Saint Paul in connection with the issuance of licenses for whatever pur- pose, and all policies of insurance required to be filed with or by the City of Saint Paul in connection with the issuance of licenses for any purpose whatsoever, shall first be approved as to form by the city attomey. (3) Uniform Endorsement: Each insurance pol- icy required to be filed pursuant to these chapters shall contain the endorsement set forth in Chapter 7 of the Saint Paul Legis- lative Code. (4) Conditions: All bonds required by these ehapters shall be eonditioned that the lic- ensee shall observe all ordinances and laws in relation to the licensed aetivity, busi- ness, premises or facilities and that he shall conduct all such activities or business in conformity therewith. Such bonds shall also indemni£y the City of Saint Paul against all claims, judgments or suits caused by, re- sulting from or in connectian with the li- censed business, premises, activity, thing, facility, occurrence or othercvise licensed un- der these chapters. (c) �rnzination of bonds ¢nd insumnce mquired by city. 1�rmination of bonds and insurance re- quired to be filed with the city pursuant to these chapters shall be in accordance with the require- ments of Chapter 8 of the Saint Paul Legislative Code. (d) Expiratiort date to be concurrerzt mith term oflicense or permit. The egpiration date of all such policies, bonds, guazantees or certifications shall be concurrent with the expiration date of the li- cense or permit. (Code 1956, § 510.07) Supp. No. 27 See. 310.08. Terms of licenses; unifornx dates. (a) All licenses or permits shall be valid for a period of one (1) year from the date of issuance by the inspector, except as otherwise provided herein or in these chapters or in cases of revocation, sus- pension or termination under section 310.06. (b) Licensees may continue to operate their business after the expiration date of the'u license; provided, that the licensee has filed with the in- spector on or before the eapiration date the ap- propriate license application, license fees, insur- ance and bonds. The inspector shall pmcess the renewal application in the manner provided for in this Code. (c) Whenever any licensee is the holder of the two (2) or more licenses of the City of Saint Paul which espire on different dates, the inspector is authorized, at the request of the licensee, to de- termine a uniform date for the expiration of all or any number of such licenses, notwithstanding the term and expiration dates of such licenses as orig- inaily issued, and notcvithstanding any provision as to term of license of any ordinance of the city heretofore or hereafter enacted. The provisions hereof shall govem the issuance of any new li- cense to one already holding a license. (d) In order to conform to the foregoing provi- sions, new licenses may be issued for a term of less than one (1) year, and the license fee therefor shall be prorated for the period of issuance. (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) Sec. 310.09. Fees. (a) Exempt orgarziz¢tions. The Legislative Code esempts certain organizations from paying the cus- tomary license or permit fees or establishes a nom- inal fee of less than seven dollars ($7.00). The terms and conditions of such exemptions aze stat- ed within the appiicable chapters. Such organiza- tions shall pay a five dollars ($5.00) minimum pro- cessing fee for each and every application for a license or permit to be issued by the division man- ager, director or council of the city. (b) Fee scJzedule. The council may by ordinance determine and establish one (1) fee schedule for any or all licenses and permits issued pursuant to 2034.3 15- too � § 310.09 LEGLSLATIVE CODE • these chapters, and a separate fee schedule f"or applications for such licenses and permits, which may include fees to cover costs incurred by reason oF the late filing. Such fees, in either schedule, shall be reasonably related to the costs of admin- istration incurred in connection with each such application, license or permit. Costs of adminis- tration shall mean and include, but without lim- itation by this specification, both direct and indi- rect costs and expenses, such as salaries, wages, benefits and ali personnel costs including train- ing, seminars and schooling, expenses of investi- gations and inspections, handling of inquiries and requests £or assistance, telephone and communi- cations, stationery, postage, paper, reproduction, o�ce capital equipment and all office supplies. Such fee schedules as adopted by ordinance and posted in the office of the inspector shall super- sede inconsistent fee provisions in these chapters or in other ordinances or laws. (c) Fee for one year,• may be prorated. Unless otherwise specifically pmvided, the license fee stat- ed is for a period of one (1) yeaz. Such fee may be � pmrated where a license is issued for a period of less than a year. (d) Lo.te fee. Unless otherwise specifically pro- vided by the particular licensing provisions in- volved, an applieant for the renewal of a license who makes application for such renewal after the eacpiration date of such license shall be chazged a late fee for each such license. The late fee shall be in addition to any other fee or payment required, and shall be ten (10) percent of the annual iicense £ee for such license for each thirty=day period or portion thereof which has elapsed after the espi- ration datz of such licenae. The late fee shall not exceed fifty (50) percent of the annual license fee. If any provision of these chapters imposes more stringent or additional requirements for the issu- ance of an original license than woutd be the case for mere renewal, those requirements must be met when the license has lapsed by reason of espira- tion. (Code 1956, § 51�.09; Ord. No. 16854, 2-11-82; Ord. No. 17802, § 1, 1-10-91) Sec. 310.10. Refunds of fees. (a) Refund where applzc¢tion withdrarvn or de- • nied; service charge. Unless otherwise specifically provided by the particular licensing provisions in- volved, where an application for any license is withdrawn or denied, the inspector shall refund to the applicant the license fee submitted less a service charge to recover in part the costs in- curred in processing the application in the amount of twenty-five (25) percent of the annual license fee. (b) Limitation on refund; other cases. In all oth- er cases as provided in paragraph (c), the inspec- tor may refund not to exceed one hundred dollars ($100.00) of fees received in connection with any license, permit or application therefor; provided, that he certify in writing that the amount of the refund represents a sum over and above the rea- sonable costs of administration incurred up to that time in connection with said license, permit or application. 'I'he director may refund not to ex- ceed two hundred fifty dollars ($250.00) of such fees upon a like certification by the inspector. The council may by resolution authorize all refunds upon a like certification by the inspector. (c) Bases for rnfunds. Refunds under paragraph (b) may be made to the licensee or his estate: (1) Where the place of business of the licensee or his principal equipment is destroyed or so damaged by fire or any other cause that the licensee ceases for the remainder of the licensed period to engage in the licensed activity or business; (2) Where the business or licensed activity ceas- es by reason of the death or illness of the licensee or the sole employee or manager; or (3) Where it has become unlawful for the lic- ensee to continue in the business or licensed activity other than by revocation, suspen- sion, denial or any criminal activity on the part of the licensee. (Code 1956, § 510.10) ��h�� `�+��< Supp. No. 27 2034.4 qs_ �oo� - -� �� 3�r � ��:r ,� � :�_��i LICENSES Sec. 310.11. 1�ansfers; general. (a) License a priuileg� not property. All licen- ses or permits issued by the City of Saint Paul pursuant to these chapters or other ordinances or laws confer a privilege on the licensee to engage in the activity or occupation so licensed, and do not constitute property or property rights or cre- ate any such rights in any licensee. No such li- cense or permit may be seized, levied upon, at- tached, executed upon, assessed or in any manner taken for the purpose of satisfaction of any debt or obligation whatever. (b) Licenses transfer¢ble; conditions All licen- ses issued by the City of Saint Paul shall be trans- ferable unless the specific chapter of the Saint Paul Legislative Code pertaining to each specific license shall specifically prohibit the transfer of such license. No transfer of any Class IR license issued 6y the Gity of Saint Paul shall be effective until the council oF the City of Saint Paul has approved the transfer following a public hearing by the councii's committee designated to heaz li- cense matters and a resolution approving said transfer is passed, approved and published. Both the transferor and transferee shall make applica- tion for transfer of a license on such forms as may be prescribed by the division, and in accordance with Section 310.02. (c) Tr¢nsfer ta,r. In all cases of trans£er o£ a license from a present licensee to any other per- son, there shall be a tas on said transfer in the amount of twenty-five (25) percent of the annual license fee charged for said license, said tas to be paid by the transferee. (d) Transfer ta� deposit retained or returned Whenever an application is made for transfer of a license, the amount as set out in paragraph (c) shall be deposited with said application. If the transfer of license is approved, the amount depos- ited shall be retained by the city. ff the transfer is denied, the amount deposited shall be returned to the party depositing the same, in accordance with the requirements and conditions in Section 310.10. (e) Tr¢nsfer tax; exception. Paragraphs tc) and (d) shall not apply in any case when, by the terms of these chapters, payment of the full annual li- censee fee or a prorated yeazly annual license fee Supp, No. 4 2035 § 310.11 is provided for on the part of the transferee before any transfer of license is made effective by the action of approving the transfer. (fl Transfer,• definition "� as used in these chapters, shall include a transfer from per- son to person, or from place to place, or a transfer of stock in a corporate licensee, or of shares or interests in a partnership or other legal entity. "�ansfer," as used in these chapters, shall not include the instance where a license is held by an individual or partnership and the transfer is by said individual or partnership to a corporation in which the majority of the stock is held by said individual or by the members of said partnership. (g) Assignment and bond to ¢ccompany appli- cation. In the case of a transfer from person to person, the application for transfer shall be ac- companied by a cvritten assignment of all rights of the original licensee in and to the license and shal] be accompanied by a surety bond in amount and in form required of an original licensee. (h) Public corporations. Notwithstanding other provisions of this chapter, publicly owned corpo- rations whose stock is traded in the open market may comply with the transfer requirements per- taining to stock ownership and stock transfer by furnishing the inspector on request with the names and addresses of all stockholders of record upon each renewal of the license. (i) Affidavit of tr¢nsferor. No license transfer shall be effective unless the transferor submits an affidavit of such transferor, taken under oath, stating the following: (1) That in the case of Class III licenses, the transferor-�ant has posted notice to all employees in a conspicuous place on the licensed premises notifying ali employees of the time, place and date of hearing of the transfer of the license to be held before the Saint Paul City Council; (2) That said notice specified in subparagraph (1) above was posted continuously for four- teen Q4) days; (3) That transferor has paid all wages due and owing the persons employed by the trans- feror or that an agreement has been reached °l s - I � § 310.11 C � LEGISLATNE CODE between transferor and all employees as to the payment of wages due and owing; (4) That transferor has made payment to all employees in lieu of vacation time earned by said employees or in lieu thereof an agreement has been reached between trans- feror and all employees as to payment in lieu of vacation time earned; (5) That transferor has satisfactorily and com- pletely complied with his contractual obli- gations pertaining to employer contributions to employee benefit programs which include, but are not limited to, pension programs, hospital, medical and life insurance pmgrams, profit-sharing programs and holiday pay benefits. (j) Deceased licerzsee Notwithstanding any other provision of these chapters, in any case where a liquor license is held by a person not incorporated and where the license would, by reason of the death of said licensee, lapse to the city in the absence ofthis paragraph,the authorized repre- sentative of the estate of the deceased licensee may consent to and seek to transfer said license to the surviving spouse of the licensee. The trans- fer shall be subject to all applicable requirements of these chapters and existing law. (k) No approo¢l under certain conditions. The council shall not approve any transfer where ei- ther party has not complied with the terms of any contract or agreement regarding employee bene- fit or fringe benefit programs; including, but not limited to, pension, hospitalization, medical and life insurance, profit-sharing or holiday pay pro- grams; provided, that any person or organization objecting to a transfer because of £ailure to pay employee benefit or fringe benefit programs shall file a written notice of objection with the license inspector seven (7) days prior to the scheduled public hearing on the transfer, and said notice shall contain a complete itemi2ation of the objec- tor's claim. (I) Transfer of more than one license if one is Class IZI. If an application is made to transfer more than one license at the same time, the in- spector may, if one of the licenses is a Class III license, handle all said licenses as Class III licenses. 5upp. No. 4 (Code 1956, § 51�.11; Ord. No. 16822, 9-3-81; Ord. I�TO. 17551, § 3, 4-19-88) Sec. 310.12. Inspection of premises. The premises, facilities, place, device or any- thing named in any license issued pursuant to any provision of the Saint Paul Legislative Code or other law shall at all times while open to the public or while being used or occupied for any purpose be open also to inspection and examina- tion by any police, fire, or health officer or any building inspector of the city, as well as the inspector. (Code 1956, § 510.12) Sec. 310.13. Renewal. Every license renewal under these chapters may be denied for any licensee who is delinquent in any payment or contribution to a health and wel- fare trust or pension trust, or similar program, established for the benefit of his employees. (Gode 1956, � 510.13) Sec. 310.14. Savings clause. (a) If any provision in these chapters is held unconstitutional or invalid by a court of compe- tent jurisdiction, the invalidity shall extend only to the provision involved and the remainder o£ these chapters shall remain in force and effect to be construed as a whole. (b) The repeal of any ordinance by 'chis ordi- nance (which enacts the Uniform License Ordi- nance) shall not affect or impair any act done, any rights vested or accrued, or any suit, proceed- ing or prosecution had or commenced in any mat- ter, prior to the date this ordinance became effec- tive. Every such act done or right vested or accrued shall remain in full force and effect to all intents and purposes as if the repealed ordinances had themselves remained in force and effect. Every such suit, proceeding or prosecution may be con- tinued after repeal as though the repealed ordi- nances were fully in effect. A suit, proceeding or prosecution which is based upon an act done, a right vested or accrued, or a violation committed prior to repeal of the repealed ordinances, but which is commenced or instituted subsequent to repeal of the repealed ordinances, shall be brought ��. � g z: �� 2036 �S � -; `� � , LICENSES § 310.15 pursuant to and under the provisions of such re- pealed ordinances as though they continued to be in full force and effect. (Code 1956, § 510.14) Sec. 310.15. Penalty. Any person who violates any provision of these chapters, or other ordinances or laws relating to licensing, or who aids, advises, hires, counsels or ��. c� f„ r`c s;:+. �,: yu , � u� j _' `"� 5upp. No. 4 2036.1 . r�� < • pursuant to and under the provisions of such re- pealed ordinances as though they continued to be in full force and effect. (Code 1956, § 510.14) Sec. 310.15. Penalty. Any person who violates any provision of these chapters, or other ordinances or laws relating to licensing, or who aids, advises, hires, counsels or conspires with or otherwise procures another to violate any provision of these chapters or other ordinances or laws relating to licensing is guilty of a misdemeanor and may be sentenced in accor- dance with section 1.05 of the Saint Paul Legis- lative Code. The term "person," in addition to the definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the o�cers, agents or members thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sec. 31016. Reserved. Editor's note—Section 310.16, pertaining to license fees and annual increases, and derived from Ord. No. 16885, adopt- ed Feb. 11, 1952; Oxd. No. 19059, adopted Oct. 20, 1953; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Nov. 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, man- ager or agent of a licensee, or by any person pro- viding entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazldng lot or other area ad- jacent to (or under the lease or control ofl the licensed premises, and which act or conduct vio- lates any state or federal statutes or regulations, or any city ordinance, shall be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shall not other- wise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-31-89) Supp. No. 28 LICENSES Sec. 310.18. License fee schedule. Notwithstanding the provision of any other or- dinance or law to the contrary, the following fees are hereby provided for all the licenses listed here- in. These fees supersede all inconsistent provi- sions, including, but not limited to, graduated fee provisions,in these chapters and in other ordi- nances and laws, and include the fee for the li- cense application as part of the license fee; pro- vided, however, that this section does not amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt organi- zations or late fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the office of the director af the office of license, inspections and environmental protec- tion. These fees shall be effective for license re- newals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, how- ever, that with respect to all licenses whose re- newal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the e�sting fees paid, or due and owing. (a) ENFORCEMENT LEVEL 1 `lS—loot § 330.18 Chapter/Section No. License Description Fee 167 316 317 323 325 327 331 332 333 336 339 340 345 348 349 350.02 350.02 351 353 355.01 (a) & (b) Commercial Vehicle Anima] Foods Management & Dis- tribution Amusement Rides Christmas'L�ce Salea Close Out Sale Dry Cleaning Pickup Station Beverage Vehicle Liquid Fuel Vehicle Solid Fuel Vehicle Private Fuel Pump Ice Cream Vehicle Mercantile Broker Peddler (So]icitor/1}ansient) Rental of Clothing & Vehicle Rental of Clothes Attire Vehicle Rental of Hospital Equipment Renta] of Aospital Equipment Ve- hicle Rental of Kitcheawaze Raller Rinks Secondhand Dea]er- Single Location $66.00 66.00 66.00 66.�� 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 2037 qs-ia�i § 310.18 • � • Chapter/Secfiors No. L'uense Descriptian 357.03 359 371 361.14 362 372 376.16(d) 379 380 382 412 414 424.02 Refuse HaulerEach Vehicle Over One Sound 1Y & Broadcast Yehi- cles FSnishiag Shop 'fbw'huck/Wrecker Vehicle 'IYee 1Yimmer-Additional Vehicle 15re Recapping Plant Taxicab Driver (new) Lawn Fertilizer & Pesticide Ap- plication Tanning Facility Pet Grooming Massage Center (Class B) Massage Therapist Gasoline Filliag Stations (b) ENFORCEMENT LEVEL 2 ChapterlSection No. L'uense Descripzzon 320 321.03 322.03 (a) & (b) 324 326 327 332 333 334 338 342 347 352 354 355.01(c) 356 362 364 365.02 367 37S 379 401 405.02(a) 406 408 412 415.04 416 426.04 Bituminous Contractor Ftooming & Boardinghouse Bowling Center & Pool Halis Cigarettes Buildiag Contractors Laundry & Dry Cleaning Plants �el Dealers-Liquid Fliel Dealers�olid Pest Control House Sewez Contractors Oil Bulk Storage Yet Shop Reatal of'h�ailers Sanitary Disposal Business Secondhand Dealer-Exhibitions Sidewalk Contractors �Yee 'himming Vetsrinary Cliaic Window Cleaning Tattoo Pazlors Bed & Breakfast Residence Lock Openiag Services Motorcycle Dealer Dance Hall Game Room Recycling Collection Center Massage Center (Class A) Theaters and Movie Theaters Motion Picture Drive-ia Theater Cabaret (Class A & B) Supp. No. 28 LEGISLATIVE CODE Fee 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 (c) ENFORCEMENT LEVEL 3 Chapter/Section No. License Description 354 355.01(d) 357.03 360.03 360.03 361.14 376.04 403A2(a)(1) 401.02(a) 401.02(a)(5) 401.02(a)(2) 407.03 407.03 Sanitary Disposal Vehicle Semndhand Dealer-Multiple Deal- ers Refuse Hauler & Uehicle Public Swimming Pools Whirlpools Tow'hvck Operator Taxicabs New Motor Vehicle Dealer Motor Vehicle Parts Dealer Secondhand Dealer Motor Vehicle Parts Secondhand Motor Uehicie Dealer Hotel/Motel-'Ib 50 rooms Hotel-Each additional room over 50 Massage Center(Class C) . Conversation(Rap Pazlar (A & B) Mini-Motioa Picture Theater- Adult Parking Lots 412 413 415 F 417.04 Q)--(6) $164.�0 ¢22 164.00 423.02(b) 427 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.06 164.00 164.00 164.00 164.00 428 Motor Vehicle 5alvage Dealer Auto Body Repair Garage Aealth Sports Clubs (Class A & B) Steam RoomBath House (A & B) (d) ENFORCEMENT LEVEL 4 Chapter/Section No. License Aescrzption 331.04 331.04 331.04 331.04 331.04 331.04 331.04 331.04 331.04 331.04 Bakery (A) Bakery (B)-Add on Butcher (A) Butcher (BJ-Add on Catering (A)-Limited Catering B)-Full Catering (C)-Add on Day Care Fobd (A) Day Care Food (B) Food Pracessor/Distributor/Waze- house Food Salvage Food Vehicle (A) Food Vehicle (B) Food Veading Machine Food Vending Operator Food Wazehouse/Distributor Food/Boarding Facility Foodllnstitutional Facility Grocery (A) Grocery (B) Grocery (C)-To $000 sq. ft. 2038 Fee $317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 517.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 Fee $135.00 69.00 135.00 85.00 201.00 252.00 180.00 5.00 5.00 135.00 150.00 67.00 60.00 15.00 60.00 67.00 135.00 5.00 5.00 83.00 150.00 � � r £. �' �S-° �° °� • �� ;, � �. Chapter/Section No. License Description Grocery (D?-Moze than 2,000 sq. ft. 331.04 Mobile Food Mobile Food-Limited 331.04 Origiaal Container 331.04 Restaurant (A)-D-12 seats Restaurant B)-More than 12 seats Restaurant (C)-Limited Restaurant (D)-Add on Restaurant (E)-Extension 331.04 Special Event Food Sales-l-3 days Special Event Food Sales-4--14 days Special Event Food Sales-Aanual Special Event Food Sales-Fee Waived 339 Ice Czeam Products, Process & Aistribution (e) ENFORCEMENT LEVEL 5 Chapter/Section No. License Description 409 409.05(b)(1) 409.05(b)i2) 409A5(b)B) 40925(b) 409 409.05(e) 409.07(b)(2) 409.11(a)(8) 40915(b) 40925 430.02 410.02 410.02 410.10(a) 411.03 411.03 411.03 411.03 Intoxicatiag Liquor On-Sale--0ver 200 seats On-SalrOver S00 seats On-Sale--100 seats or less Temporary Liquor On-sale Clul�tinder 200 mem- bers On•sale C1u1�201-500 membeis On-sale Club-501-1,000 mem- bers On•sale C1u1�1,001-2,000 mem- ters On-sale Club-2,001-4,000 mem- te=g On-sale Club-4,001-6,000 mem- bers Oa-sale Club--6,000+ members Off-Sale Sunday OnSale Extension of Senice Wine On-Sale Temporary Wine On-Sale Malt (Strong) On-Sale Malt (32) Off-Sale Malt Temporary Malt Entertainment-Class A Entertainment-Class B Entertainment�Class C Entertainme�t Temporary Supp. No. 28 LICENSES §31019 (fl ENFORCEMENT LEVEL 6 Fee Chapfer/Section No. License Descriptiorz Fee 153.00 135.00 50.00 41.00 201.00 4D5.00 60.00 305.Q0 50.00 92.00 119.00 146.00 5.00 172.00 Fee $5,050.00 4,650.00 4,200.00 46.00 297.00 497.00 647.OQ 7s7.00 ss7.00 1,997.00 2,997.00 1,000.00 200.00 53.00 1,355.00 46.00 445.00 445.00 89.00 46.00 217.00 527.00 2,500.00 27.00 127 Courtesy Benches $ 20.00 167 Commercial Vehicle-Replace- ment 18.00 225.08 Firearms 44.00 278 Gambling FIall 354.00 31S MAD Operator with up to 10 583.00 Each MAD over 30 42.00 Music Machine 44.00 rUnusement Rides to 10 301.00 Amusement Ride over 10 28.00 TV. Units per location 28.00 341 Single Service Container 445.00 344 Pawn Shops 2,500.00 345 Transient Merchaat 65.00 376.16 1�axicab Driver Renewa] 21.00 Taxicab Driver Duplicate 6.00 Taxicab Duplicate Plate 16.00 Taxicab Vehicle Replacement 44.00 391 Soliciting Flinds-Tag Days 21.00 401 Secondhand Dealer Motor Vehicle Parts--second location 87.00 402 4�mporary Gambling (3 types) 21.00 403 Bingo Halls 179.00 409.24p) Gambling Manager 66.00 409.05(j) Gambliag Location-A 66.00 409.05(j) Gambling Locatioa-B 66.00 409.05(j) Gambling Locatian--C 66.00 409.04(g)(5) Modification of Pazking 375.00 357.03 Solid Waste 7Yansfer Station 1,500.00 408 Recycliog Pmcessing Center 750.00 414 Massage Therapy-Practical Exam- ination Fee 50.00 414 Massage Therapy-Writtea Exam- inatioa Fee 20.00 429 Infectious Waste Processing Facil- ity 1,500.00 (C.F. No. 92-1742, § 1, 12-8-92; C.F. No. 93-1650, § 1, 12-9-93; C.F. No. 94201, § i, 3-16-94; C.F. No. 94-1447, § 1, 12-14-94) Sec. 310.19. Discount from on-sale intoaicat- ing liquor license fees. A discount will be provided for on-sale liquor licenses and shall reduce such fees mentioned in section 310.18 by approximately seven (7) per- cent, in the exact amounts as further provided herein, contingent upon each of the following con- ditions: (1) Driuer's license gccide; compilation of laws. The licensee shall maintain on the prem- 2039 qs- I�a� • § 310.19 LEGISLATIVE CODE � vestigative services, and (ii) that the security agency shall charge the same amount to all licensees who choose to receive such services, so that all such licensees aze treated equally and with- out discrimination. � �J ises,in a location accessible at all times to all employees of the licensed establishment: a. A current driver's license guide, which shall include license specifications for both adults and minors for each state (including Canadian provinces), and shall list such information from at least five (5) years prior to the present date; and b. A current compilation of the laws re- lating to the sale and possession of al- coholic beverages in the State of Min- nesota as outlined in Chapter 7515 of the State of Muuiesota Rules and Chap- ter 340A of the Minnesota Statutes. This compilation must also include Chapters 240 through 246, 409 and 410 of the Saint Paul Legislative Code. (2) Signage. The licensee shall maintain on the premises, in all customer azeas, current sig- nage relating to underage consumption of alcoholic beverages, and relating to driving under the influence of alcohol. One (1) sign must be located behind the baz, and one (1) sign must be present in each additional room or section within the lounge azea in which the writing on the sign behind the baz is not clearly legible. The sign(s) must have dimensions of at least one (1) foot by one (1) foot with letters at least one-half (�/z) inch in height. All signs must be com- fortably readable from a distance o£fifteen (15)feet. (3) Contr¢ct with security agency. a. Gener¢lly. The licensee shall partici- pate in a training program with an ap- proved private security agency, firm or association (hereafter "security agen- c�') which is selected and contracts with the City of Saint Paul for the purpose of providing investigations and train- ing to the licensee pursuant to this sub- section. The city contract shall provide (i) that the security agency shall not be reimbursed by the city, but that it shall recover its costs and profit by fees col- lected from the licensees which choose to receive the training program and in- Supp. No. 28 2040 c. Inuestigati.on. The contract with the city shall provide for and require one (1) or more investigations by the security agency each calendar yeaz into the prac- tices of the licensee with respect to (i) age identification of customers in order to prevent sales of alcoholic beverages to minors, and (ri) preventing the sale of alcoholic beverages to persons who are obviously into�cated. The contract shall require that the security agency disclose the results of all sueli investi- gations to both the licensee and, at no cost to the city, to the office of license, inspections and environmental protec- tion, within ten (10) days after such investigations are concluded. Failure to do so will be grounds for adverse action against the licensee's licenses. The con- tract shall require that all such inves- tigations shall include unannounced and random attempts by minors to pur- chase alcoholic beverages in the li- censed premises, and surveillance with- in the licensed premises. The security agency shall employ reasonable mea- sures to minimize or eliminate con- flicts of interest in providing and re- porting on investigations of licensees. �aining. `I'he contract shall also pro- vide for alcohol awareness training by the security agency of all officers, em- ployees or agents of the licensee who work in the licensed premises at least once during the calendar yeaz. All new- ly hired employees or new officers or agents hired during the calendar year shall receive such training within four (4) weeks following their hiring, and shall not work in the premises after that four-week period until they have received such training. � � �' � ,� E��`=e � � qS- lod� i`�� • ' C�� • LSCENSES § 311.02 d. St¢ndards for approv¢Z. In addition to the requirements specified elsewhere in this subsection, the security agency and its investigations and training must meet or exceed the following: 1. The alcohol awazeness course shall cover all of the topics listed herein. The content of each training course shall include, but need not be lim- ited to: (a) Pertinentlaws and ordinanc- es regarding the sale of alco- hol. (b) Verification of age, forms of identification, and forms of false or misleading age iden- tification. (c) The e$'ect of alcohol on hu- mans and the physiology oFal- cohol intoxication. (d) Recognition of the signs of in- toxication. (e) Strategies for intervention to prevent intoxicated persons from consuming further alco- hol. (t� The licensee's policies and guidelines, and the employee's role in observing these poli- cies. (g) Liability of the person serving alcohol. (h) Effect of alcohol on pregnant women and their fetuses, and in other vulnerable situations. 2. The security agency shall have a minimum of two (2) years actual experience in alcohol awareness training. The courses may be giv- en by one (1) or more instructors, but each instructor must have a formal education and/or training in each area they teach. The courses may be supplemented by audio- visual instruction. 3. 'I'he security agency shall have suf- ficient gersonnel and physical re- sources to provide an alcohol Supp. No. 29 awareness training course to new- ly hired employees within four (4) weeks after their hiring by the lic- ensee with whom there is a con- tract. The fees after credit for the discount shall be on-sale liquor over two hundred seats: four thou- sand seven hundred dollars (�4,700.00); on-sale liquor over one hundred (100) seats: four thou- sand three hundred twenty-five dollars ($4,325.00); and on-sale liquor up to one hundred (100) seats: three thousand nine hundred dollars ($3,900.00). (C.E No. 94-1447, § 2, 12-14-94) Chapter 311. Public Telephones; Licensed Premises Sec. 311.01. General; definitions. This chapter shall apply to any business li- censed by the City of Saint Pau1 where a tele- phone accessible to the public is located on the licensed premises. The term °licensed premises" shall mean and include, for the purposes of this chapter, all the property, whether in or out of a building or structure, which is (a) used £or the licensed activity, (b) under the ownership, control or management of the licensee, or leased to the licensee, if such property is adjacent to, or in rea- sonably close proximity to, the premises in which the licensed activity occurs. The term `licensee" shall mean and include, for the purposes of this chap�er, the licensee and the manager of the li- censed business; and if the licensee is a corpora- tion, partnership or other entity, the term "licens- ee" shall also include each officer, director, shareholder, partner, executive and manager of such corporation, partnership or other entity. (C.F. No. 95-64, § 1, 2-8-95) Sec. 311.02. Responsibility of licensees. It is the responsibility of every person holding a license issued by the City of Saint Paul as a con- dition of that license and its continuation to take adequate measures to insure that every telephone on the licensed premises is not used for the pur- pose of distribution, sale, use or possession of con- trolled substances, prostitution or other criminal 2040.1 �'S- iaoi § 422.04 LEGISLATIVE CODE highway or through highway or which abuts residential buildings, residential property or property whose use district classification is anything other than I-1, I-2 and I-3 In- dustrial District, except that the council may waive the requirement for such fence or wall or reduce the height of the same where a plan approved by the building official pro- viding for a tree planting and landscaping program is carried out which will effectice- ly screen the premises from public �riew. (10) No licensee shall receire any material for use in the licensed business from any per- son under the age of eighteen (18) years without the writien coneent of the parent or guzrdian of such person, which shall be kept on file by the licer.see for at ]east cne (1) year. (11) Licensees shall be sub;ect to :zascnable in- spection at reasonable times by proper city o8"icials zs in the case of other licensed busi- nesses. �ee. 422.05. License nvt transferable. Licenses issued hereunder shall not be trans- ferable. Sec. 422.06. Renewal, revocatiaa a�d sns- pension. (a) Any person to whom an initial license has been issued hereunder may obtain renewal there- of by filing an application with the inspector in- dicating any changes in the material submitted with the initial application. The inspector shall circularize the application to those officials who re�zew initial appJications and the license shall be granted of course by the counci] unless, in its judg- ment, reports from city agencies or from the pub- lic demand a formal hearing be held. Any apnli- cation hereunder from a person holding a license under Chapter 408, as o; the effective date of this chapter, with respect to an existing premises, shall be treated as a renewal provided the licensee agrees to abide by the terms of this chapter within ninety <80) days, but no initial licenses shall be granted hereunder for other premises except in I-1, I-2 and I-3 Industrial Districts. Supp. No. 28 (b) The council may revoke, suspend or refuse to renew the license o£ any person hereunder for any violation of this or any other ordinance of the city, or of any statute or regulation of the State of Minnesota or agency thereof. Chapter 423. Automobile Repair Garage and Body 3hop* See. ?23.01. License required. (a) Automobile rep¢ir garage. No persoa snall maintain or operate an automobile or motor vehi- cle repair garage in Saint Paul k�ithout a license. This does not apply where the work performed is done by a gasoline filling station iicensed under Chapter 424 and consists of the usual servicing of motor cehicles ordinarily performed at such sta- tions, such as the sale and installation of frost shields, radiator hoses, spark plugs, batteries and battery cables, hrake fluid, oil fiiters, fuses, fan belts, light bulbs and windshield wipers, or such service as drauung radiators; provided, however, that if such gasolize ffiling stations engage in the business of repairing mechanical parts of motor vehicles, a license as provided herein shall be re- quired. (b) Body shop. No person shall maintain or op- erate an automobile body repair or automobile body painting shop, whether alone or in conjunction with another business activity, in Saint Paul with- out a license. (C.E No. 94-1562, § 1, 11-16-94) Sec. 423.02. Fee. (a) Automobile repair garage. The fee required far an automobile repair garage, which is one in which motor vehicles are repaired, shall be estab- lished 6y ordinance as specified in section 310.09(b). *Editor's note—The license under this chapter, formerly codified as Ch. 315, derived from Code 1956, Q§ 345.01— 345.03, as amended by Ord. No. 16883, adopted Feb. 11, 1982, and was reclassified from Class I to Class III license by Ord. No. 17207, adopted Jan. 31, 1985, and recodified as Ch. 423. Cross references—Motor vehicle and parts dealers, Ch. 401; junkyards and junk dealers, Ch. 408; moWr vehicle sal- vage dealer, Ch. 422. ,�.� �- �;: � '"^'- �,> �.-�; 2220 � In re the Licenses of George H. L'Heure � dba George's Seiby Auto Repair — City's E�ibit #3 �� k ��N ��. \� LICENSES �s—�oac § 424.05 (b) Body shop. The fee required for an automo- bile body repair shop or an automobile body paint- ing shop, which is a shop in the business of mak- ing major or substantial repairs to the shell or body of an automobile, and of major or substantial painting or repainting of the shell or body, shall be established by ordinance as specified in section 310.09(b). (C.F. No. 94-1562, § 2, 11-16-94) Cross refezence—Annual increases in license fees, § 310.16. Sec. 423.03. Business hours. Where a reasonable basis is found by the coun- cil to e�st and to protect the adjacent property and the publie peace, health and safety, the coun- cil, upon issuing a new license or renewing a li- cense, may impose as a condition on the license a limitation as to the hours when the business may remain open. Chapter 424. Gasoline Filling Stations* Sec. 424.41. License required; definition. (a) No person shall engage in the business of keeping, maintaining or operating any gasoline filling station in Saint Paul without a license. (b) A"gasoline filling station" means and in- cludes any place, building, pump or device main- tained and used on private premises or upon any public place for the main purpose of selling or daspensing gasoline, oil or any automotive fuel for use in motor vehicles of any kind. Sec. 424.02. Fee. The fee required, where the gasoline filling sta- tion is located wholly on private property, is as follows: for each station having three (3) pumps or fewer, fifty-three dollars ($53.00); and for each sta- •Editor's note--The license under this chapter, formerly codified as Ch. 335, derived from Code 1956, §§ 351.01, 351.02, 351.04-351.07, 389.02, as amended by Ord. No. 16883, adopb ed Feb. 11, 1982, aad was reclassified from Class I to Class III license by Ord. No. 17208, adopted Jan. 31, 1985, and recod- ified as Ch. 424. Cross references—F�e] dealers in liquid fuel, Ch. 332; private fue] pumps, Ch. 336. Supp. No.28 tion having four (4) pumps or more, fifty-three doilars (�53.00) plus eleven dollars ($11.00) for each pump in excess of three (3). Cross referene�Annual iacreases in license fees, § 310.16. Sec. 424.�3. Permit. It shall be unlawful for any person, firm or cor- poration to install, operate or maintain any curb pump or other gasoline dispensing device on any public street, alley or other public property within the City of Saint Paul; provided, that the council by ordinance may grant a temporary permit, re- vocable at the pleasure of the council, for the in- stallation, maintenance and operation of such fa- cilities in any public highway and without the portion thereof designed for vehiculaz traffic, ex- cept in a district classified as residential by virtue of the zoning code, when such facffities shall be installed, maintained and operated exclusively for the supplying of gasoline not for public sale, but for private use in and upon the abuttang premises; provided, that there be compliance with Chapter 336. Sec. 424.04. Inspection. It shali be the duty of such members of the de- gartment of fire and safety services as the direc- tor thereof may detail for such duties to inspect all such filling stations at various and reasonable times for the purpose of ascertaining whether the provisions of all ordinances and laws pertaining to precaution against damage from fire have been complied with in the construction, operation and maintenance of said filling stations, and to en- force the same. Such inspection may also be made at any reasonable time for the purpose of ascer- taining whether construction, remodeling or re- pairs have been accomplished in accord with plans or specifications required to be filed with the city. Sec. 424.05. 1�ansfer. Such license shall be transferable only (first) when the licensee desires to change his place of business, and (second) when the licensee has sold and disposed of his business. 2221 9S -loo� Lic ID ................... STA`P ..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier......_. Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 53943 RS L'HEUREUX, GEORGE H 880 SELBY AVE 55104 GEORGE'S SELBY AUTO REPAIR AUTO REPAIR GARAGE 08�08�95 12888 PA NO'I`ICE SENT 3/17/95 SE'I' 3 f 29/95 31 MAILED, 30 EMAILED, 2 INTEROFFICE 3/29/95 LAID OVER TO 4/26/95 4/26/95 L.O. TO 5/3j95 5/3/95 PH ON APPN FOR NEW GENERAL REPAIR LIC APP'D W/RS C.F. #95-321 . � LG Tax Id ................... 1670669 Worker Comp Exp Date..... Telephone ................ 225-4366 Press <RETURN> to continue... A1t-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or `R' to redisplay... 5/31/95 I hereby certify Chat this is a true and exact copy of the records of the LIEP Office of the City of St. Paul for George H L'Heureux DBA George's Selby Auto Repaix at 880 Selby Avenue. � �� i5 K�s Schweinler Date Chief License Inspector � ! /�� t y Public ■ C � S $ Z LIND/! KAY KORRN S �� NOTARYPUBLIC-MINkESOTA � �� My Gommlaslort Explrea Jan. 39, 2000 a wwneifl.nuNann w.+rwn �,nnnnRnevertnnnnnr s Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � ■ In re the Licenses of George H. L'Heureus — dba George's Selby Auto Repair — City's E�ehibit #4 , ��'��t,l � �"f\ 5��rjS'� Council Fi1e # �f 'Rl.� �Cl/�� m v .LJ "b Greea Sheet � 29523 Presented By Referred To Committee: Date 3 a s � 'O pt _' Resolved: That application (I.D. m53943) for a General Repair Garage License applied for by George H, L'Heureux DBA Geozge's Selby Auto Repair at 860 Selby Avenue be and the same is hereby approved.with ehe following conditions: 1. The number of vehicles on the lot which have been repaired or are awaiting repairs shall not exceed six. 2. Al1 repair work shall be done within an enclosed building. 3. There shall be no outside storage. 4 5 6 7 A"No Loitering" sign will be posted outside of the building. 6raffiti must be removed. Provide an interior customer waiting area. The property must be kept clean and free from debris. 8. As iness 9:UU a.m. – 6:00 p.m. Sa 11: .icensed premis be limited ro 0 a.m. to 3:00 a11 othe; tim � the business premises shall be locked and vacant, the licensee shall not work in or on the licensed premises, and the business shall be closed. (See atCached signed conditions by George L'Heureux) �-�� –��--� Requested by Department oE: Office o£ License. Ins�ections and Environmental nrotection Adopted by Council: Adoption Certi£ied By: Apur By: � RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: 1.��.1� � �z��' �/ r^orm Approved by City Attorney 8,.: ��.h � - �2c� F5 - /� - 9� Aoproved by Mayor for Submission to Council By• i - n re tie icenses of eorge ' eureus — dba George's Selby Auto Repair — City's E�ibit #5 5-� OFFICE OF LZCENSE, INSPECTZONS AND ENVIRONMENTAL PROTECTION Roben Kessfer, Ditector 9 S,�oo1 CITY OF SAII�I' PAIJI, ucen�sEavo Telephone: 612-266-9100 Norm Coleman, Mayor INSPECT70NS Facsimde: 612 4 6 6-912 4 350 Sr. Peter Srrret Suite 300 Saint Pau[, Minnesam 55102 I agree to the following conditions being placed on the General Repair Garage License (#53943) at 880 Selby Avenue be and the same is hereby approved with the following conditions: 1. The total number of vehicles on the lot at any time shall not exceed six in number, regardless of ownership or relationship to the licensed business. 2. All repair work sha11 be done within an enclosed building. 3. There shall be no outside storage of any kind. 4. Graffiti shall be obliterated, painted over or removed from the building in which the licensed activity occurs within 72 hours of its appearance or sooner. 5. The licensee shall provide and maintain an interior customer waiting area. 6. The exterior of the property must be kept clean and free of debris. 7. The licensee shall take reasonable steps to prevent his licensed premises, which shall include the interior vehicle repair area, the customer waiting area, and the parking lot out front, (a) from being used in any way to assist or facilitate transactions in stolen property, drugs or other illegal substances, or (b) from being used by persons selling or transferring stolen property, drugs, or other illegal substances on such license premises. 8. As provided by the nonconforming used permit for the licensed premises, the hours of operation of the licensed business shall be limited to 9:00 AM - 6:00 PM, Monday through Friday, and 11:00 AM to 3:00 PM, Saturday. The business shall be closed on Sunday. At a11 other times, the business premises shall be locked and vacant, the licensee shall not work in or on the licensed premises, and the business shall be closed. � ��.� ��i�--�—�� l �- � � - 9S IVame � Date �I � ♦ 'i DEPAqTMENTlpPFICEICOUNCtL DATEIN{TIATE� N� 2 9 5 2 3 LIEP — Licensing G R E E N S H E E � CONTACS PERSON 8 PHONE INITIAL/DATE 1 AUg E � DEPARTMENT DIRECTOR � CITY COUNCIL Christine Rozek/266-9�- � �y ASSIGN �CITVATiORNEY �GTYCLERK NUMBERFOR ' I MOST BE ON COUNQL AGENDA BV (DATE) ROUTNG � BUDGET DIRECTOR � FIN & MGT $ERVICES DIR. r'OI' Hearing: � Z'7 �� ORDEH ❑MAYOF(OiiASSISTANn � TOTAI, # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REOUESTED Application (I.D. �/53943) for a General Repair Garage License RECOMMENDATIONS npprove (n) or Re�ect (R) PEpSONAL SERVICE CONTRACTS MUST ANSW ER TME FOILOWMG OUEST{ONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/fum ever worketl under a contrect for this tlepariment? _ CIB COMMITTEE _ YES NO _ STAFF 2. Has this person/firm ever been a ciry employee? — YES NO _ DiSTRiCT COUR7 _ 3. Does this persoNf�rm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNqL OBJECTNE7 YES NO Explain ell yes answers on separate sheet entl attech to green sheet INITIATING PROBLEN, ISSUE, OPPORTUNITY (Wha, W�at, W�en, Wnere, Why)� George H. L'Heureux DBA George's Selby Auto Repair at 880 Selby Avenue requests Council approval of its application fox a Genexal Repair Garage License. All applications and fees have been submitted. All required departments have reviewed and approved this application. ADVANTAGES IF APPROVEO �/ ^ ` • � �' ,Cn ^'>._.,._.. .. .....'r � a � d,; ''::., � G � � Q ; �_ - _ ,�.�� 9 � ��.:-, . i � DISADVANTAGES IF APPROVE� I � DISAOVANTAGE$ IF NOTAPPROVED' I TOTAL AMOUNT OF TRANSACTION S COSTlREVENUE BU�GETED (qRCLE ONE} YES NO I FUN�IfJG SORHCE ACTiVITV NUMBER I FINANCIAL INFOqMATION (EXPLqIN) Greensneet # 29523 L.I.E.P. REVIEW CHECKLIS7 tn Tracke�? ��5 - 3 , 1 Date: 8/9/94 / 8/10/94 App'n Received / App'n Processed License ID # 53943 ��' �� Company Name: GeorQe H. L'Heureux DBA: Geor2e's Se1b�Auto Renair Business Addresss: $$0 Selby Ave Business Phone: 225-4366 Contact Name/Address: George Henry L'Heureux Home Phone: 489-5430 83 W Arlington �1207 Date to Council Public Hearing I Notice Sent to I Notice Sent to F Department/ City Attorney Environmental j Health Fire License Police Zoning .� / ��IJ �i " I S �"1 � �S C� � -!— --,- Date Inspections Varifi�xi ��i��9�- oK � S�/'�/�� I U � tabels Ordered: nJa District Council #:_ 08 �`� �- � Ward #: Comments 1 ��i0/9`f h.e�a�' a J�' 7��u� 1 ��19 � - - �w`- "� �� z�-c� - G.�,-,�,��-�,s h�:.� l�.�.n Site Plan Received: Lease Aeceived: W�' h'G,a�,� �'fi�'�9� �'ec�'rv�c�'�/ali�/-U�- _ `��3�`I� 1L � Cy'�g'�-, c�'ita�t—Cr��ar�xrtc7y f U �.l u� � 1 — i'1�i lf J -9 % /��n "f� r �cK � bts� �Y�i! , K�ro�e�� J ��-i�! i�--viL. �� :.n1 � CLASS IIT LICENSE APPLICATION �� crrY oF s.��a � o:rce ot Liccns=,rns uoas 2nd &^.�iro�me�:ai Pro:e::io� i5i S. Pemr Si.Sum :�p $-`.: Psu( N.i�.�aaa SSIC3 (f::)'.�'d'S]M :u (b1]) XbSii< License I.D. ;;� _23 �— (tor ofrce uu onty) THIS APPLICATIOV IS SL�?ECT TO RE�7E\� BY THE PUBLIC PLEASE TI"r E OR PS2INT IN I;�'K r � > Type of License being spplied for: "? %� � P.: �� - i % - � % ��5 .° �': � �' �� - i Coap2ny Name: � � 2t � ,;a _ _ :-v ,<? : � �c f'. r, , r / P�rnclship If bes:ness is incorporzte� give date of incorporation: . _ DO�a $�15iD25S.�S: iJ P?� o :-� / - '� Cn^. � DIliIDESS t�GOL�: -1 -,� � ' �_. 7! �, o � � � ' , BusinessAddrzss: .,�,' _�� =• 2. 1 .>�= ; Strect Add:esS Ci;y S;zic Zp Sera�een ubat aoss streets is t3e business located? �,%' C�? a '' ; � ' �. \l'hich side of t6e street. -,<'i ,t i'%� � ,are tbe premues now occupied? ��- «'hzt T�pe of Buiness? � -' �' ', _,� G° �, , cr -- c, ;; . — ; � � �' ri�i] To Address: .. , — — , _ ,. . _ ,. '_ - ` S:ect AGc:css Gry S:s;e zip Applic2nt Informstion: „i Nzne and Title: i � - .� -. ; � v �„ Fst �' \:idCii (`.fziLen) Lzst Ti:le Ho�e Address: 4 - - ^ �1 j�{'. i�'. : � r '% • _ � , i % sir«c n.aa:-ess � ' Qry 5:�u zsp Date of Butb: - �! '�� Place of Birth: �� =� , ' Home P6one: `i �'`' - � °� o Are you a citize� of the United States? Native? �[ S ?�'ztu:lized? If }ou are not a U.S. ci[iun, }�ou must Lave work auihoriz�tion from the US. Immie ation $\aturalization Senice. Ha��e you e�er been cor,�icfed of zny feloay, c.i�e or Gio!zUOa of any city ordinance otber tbza tr2.�c? YES , KO � Date of zrrest: C:; �: ge _ Con'.iction: ��1�ere? �Swtence: List the nanes �nd residences of three persons of good �oral c�aracter, li�ing uithin tbe Twia Cities Nfetro Area, not related to the zpplicaat or fmzncizily inte:ested in t6e p;emises or b::s;aess, w3o nay be referred to zs to tbe applicant's cb2r2cter: N.�1.1E AIIDRESS PHO;�TE .i,, n;�� n � , . , l . r, ''� J•' ; _ �'�-i�C. �I: �� i7�J ir).'J' (l�.AC��f�;�T �`�I.t�,u„ �i�I� C�r« I C,uS:`, ?�Gn �-r �;��ehc:;�, z7 H'�i5 rF, t cs YGi 7:�,� -G�=: List licenses which you cvrentl�ho d formerly be1d, or may have an interest ia: Have any of the above n2med 5censes ever been revoked? _ YF� � NO If yes, list i6e dates znd reaso:u for revocation: ,: � ; A:e }'ou going to operz;e t�is business persoa�!]}? ��S _ NO If aoC, who xill operate it? Izst Fint \zmc MiBCIc 1nai=1 (?.�y3rn) Ho�e.48dress: S:xa Nz-�e G}� Are you going to bzve a mzazger or zssutant in this bus:.ess? operator, p]ease coaplete tbe follo�ing iuforaatioa: Fat Nzre hfidd;e Iaiiial HoneAddr�ss: S::<ei;��ne (`,!aCcn) GS -`�� Dxm of Bi-h Sta.e Zip Phooe \unber � Ple2se list your emplo;'�ent history for the pre��ous fi��e (7 }'ezr period: S usin ecs /Emplo�m ent Address .5 q �ci>et— � -,; '=,�i ' �•, /, ` - <� �•� ��: v .l� 1 �%3 Fi�. 5 !�. �`7, %/jU,'.t i / List all otber officers of tbe corporzvon: OFFICER TITLE HODSE HOD4E BUSI;��SS DATE OF I�'A�SE (OKce Held) ADDRESS PHO:�� PHO�� BIRTH If b�iness is a putnership, pleaze include tbe follov.ing'v^..`o;mation for ea� pzrtner (use additional pages if necessar}): F:sc i�zme .`.1idd7< Ini:izl Home AdC.-css: S:met \zne Fst ,�mc ?.:idClt Ir.itizl (.'.:xiCcn) G.y ('�:zidcn) Lzst Statt Ust Datc o; Bir.h Zin Phon� .'�umber Datc o( Biah Ro^e �dd:ess: Stroct \xae Gp• State Zip Phoac Numbcr Attach to this applicatioa: 1) .4 detaiied description oC the design, location aad square footage of the premises to be licensed (site plan). 2) A copy of ��our )ease a�rement or proof ot owaership of the properiy. A.'�'Y FALSIFICATIO?�T OF A;\SF�'ERS GIG'EN OR 1�iATERI�I. SUB�4ITTED V,'ILL RESULT I;�i DE\Z�L OF THTS APPLICATION I hereby state under oath that I bave abswered z11 of the zbove ovestions, znd tbat the iaformation contained 6ereia is vue and correc[ to t�e best of ay 3:nowledge znd belief. I bereby state fvtber under oath t6at I have received no money or otSer consideration, by way of ]oaa, gifr, contribution, or otheraise, o:her thzn already disclosed in tbe application which I herewith submitted. i; Subscn'bed znd sw rn to before me t � day o� 19G� 'V� r� . � Notzsy Public �.: r..-1n V County, MN My Commission ezpires. �2. <<� 1 ��h?:�Yh� ATY.+��..:.r..an ? S �afure.bf �j �I�� "n ...:TS, � P1;�2��Gy �..�� „yC;K�m_ .,; :. y� 4 V...+ .... . ,. . I.aS[ '\ % S;�tc Zi� Phonc:�u-bcr YES .>'� NO if the mznzger is not the sa.ne as tbe — 1.'✓� G _a-1 y Date OFFICE OF LICENSE, ZNSPECTIONS AND ENVIRONMES�*TAL PROTECTION Ro6ert Kessfer, D'uector � Q � q S-� C1TY OF SAINT PAIJL LICENSEAND Tekphorse:612-266-91D0 Norm Coleman, Mayor WSPECI70NS Fauimife: 672-2669124 350 Sk Peter Sirert Suite 300 � Sainr Paui. Misu�ewm 55702 I agree to the following conditions being placed on the General Repair Garage License (#53943) at 880 Selby Avenue be and the same is hereby approved with the £ollowing conditions: �1. The total number of vehicles on the lot at any time shall riot exceed six in number, regardless of ownership or relationship to the licensed business. 2. All repair work shall be done within an enclosed building. 3. There shall be no outside storage of any kind_ 4. Graffiti sha11 be obliterated, painted over or removed from the building in which the licensed activity occurs within 72 hours of its appearance or sooner. 5. The licensee shall provide and maintain an interior customer waiting area. 6. The exterior of the property must be kept clean and free of debris. 7. The licensee shall take reasonable steps to prevent his licensed premises, which shall include the interior vehicle repair area, the customer waiting area, and the parking lot out front, (a) from being used in any way to assist or facilitate transactions in stolen property, dsugs or other illegal substances, or (b} £rom being used by persons selling or transferring �__- stolen property, drugs, or other illegal substances on such license premises. 8. As provided by the nonconforming used permit for the , licensed premises, the hours of operation of the licensed business shall be limited to 9:00 AM - 6:�0 PM, Montlay through Friday, and 11:00 AM to 3:00 PM, Saturday. The business shall be closed on Sunday. At a11 other times, the business premises shall be locked and vacant, the licensee shall not work in or on the licensed premises, and the business shall be closed. � �/ -a£r- Name L� Date � _ dba George's Selby Auto Repair _ �ity's Fxhibit #6B ' . � Page Occu�red / a , l ith Date Year Time: SS zz/ Location ot cali: '— � ot Occurtence: �At [� BeNreem, z7//i hrs. on Ps Neme (Lasq First, Middle): �� overed: ��1� 1r r Last Name First GH y5-�D62-3S�1S and hrs. on - -�,�?! ,�gv 1 -� iG �� - .✓� Time of Arr C '_'�'�_ — Bus, Phone: Home Phone � Reeords � Crime !ab txker � C�ime Lab � Property Room While on tour,Sqd#175 tGainey/Wuorinen> vere passing the Selby Auto business at 880 Selby Av. when we observed six autos parked in the parking lot of the buainess and the buaineas lights were on,making the business appear to be open tor business. We thought that this might be a violation ot the businesses agreement with the city so we investigated. The doors of the business were all closed,hut when we tried the aervice door we found it open,iaside the business re Sound four males working on a pick up truck. The owner of the husiness thanked us for checking and said that uaually he doesn't wcrk this late PM. The door wae unlocked he eaid because one oi the people already inside had �ust arrived. 0 z � • n re t►e icenses o eorge eureu- — dba George's Selby Auto Repair — City's E�ibit #7a � CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ Ip ❑ Lab �'Rec �}1'eam ❑ Sex ❑ Fptr D/C ❑ Burg ❑ Thek � prop [] CAU ❑ F&F [] Auto ❑ DAO ❑ CO ❑ HumServ ST, PAUL POIICE DEPARTMENT GENERAL REPORT r � er -,�s�� fCCqSt �"Swd`� PM 62�t�6i �\v1"° P Pege ot� Day Mon Date Year Time: / Class: Location of Calh. / O G Time & Date of Occurrence: - Occurted�At 0 Behveen: �,� hrs. on Complai rs N�me (Last, Frst, Middla): hrs, on r— Crima Lab Crime Lab Lxker Property Room WHILE ON TOUR,SQD#174 (Wuorinen) WAS ON PATROL IN THE SELBY AV. AREA WHEN I OBSERVED TWO THINGS,#1 THE TIME WAS 2130 HOURS AND #2 THE BUSINESS AT 880 SELBY AV. WAS OPEN FOR BUSINESS. S GEORGE'S AUTO IS AT 880 SELBY AV.,PH#224-5951 AND IT IS MY ' UNDERSTANDING THAT THE CITY LICENSLNG BUREAU AND THIS BUSINESS HAVE AN AGREEMENT REGARDING THE BUSINESS HOURS. I ALSO OBSERVED A BROWN PICR-UP PARKED UNDER THE OVERHEAD DOQR AND A MOTORCYCLE WAS ALONGSIDE. THE LIGHTS WERE ON AND OVERHEAD DOOR OF TAE BUSI- NESS WERE OPSN. G �•- " � _� O Z 0 � � — dba George's Selby Au�o Repair � City's E�tibit #�' 8 T8E9L056 I� �� I� ��III II�II'llll IIIII �III ��II� 11 I Assisting Officer. CFiF ❑ Hom ❑ Ro6 ❑ Jw ❑ Coord ❑ ID ❑ la6 D/C � Burg ❑ Theft Q Prop � CAU ❑ F&F 0 Auto ST. PAUL POLICE DEPARTMENT GENERAL REPORT CO ❑ Sex ❑ RpV ❑ HumServ u � cm�� L � < <,,s � D, ,1 v PM 621-92R qS- Ioo1 Flom: To: D8te: 8ubject: I have a business contains RobertKessler (ItESSLER) ATTORNEY:BYRNE, Tuesday, May 16, 1995 12:31 pm 880 Selby Report Police Report, C.N. 95-062-310, that verifies that the was open at 10:10 p.m. on Tuesday, May 9th. The report an admission £rom the owner that they were open and working on cars. On Wednesday night May lOth, I personally observed the business open at 7:45 p.m. Both large garage doors were open and I could see several people inside looking at a car parked half inside the western door. There was also another man's legs sticking out from one side of the car. He appeared to be working on or looking at the underside of the vehicle. I returned at 9:30 p.m. and the doors were closed, there were 7 cars parked in the driveway/lot area in front of the business, and the lights inside were out. In general,based on this report, and the in£ormation from Gerry McInerney, it is obvious that the owner has no intention of following the restrictions approved by the City Council on May 3, 1995. I would like to start an adverse action with the intent o£ hitting him with a substantial suspension (10 to 15 days) to get his attention that this is a serious situation. Let me know if you have questions. CC: Rozek, Sta£fens, VanHorn � ■ n re ie icenses o eorge eurewc — dba George's Selby Auto Repair — City's Eathibit #& Paga ('�t3 B � ST. PAUL POLICE DEPARTMENT GENERAL REPORT Year� Time: Squad: Team: _� D 9. 1 Y�0 l3 � - c�ass: 2� � Occurred Q AtID Betxeen: �� \ hrs, on � /�-� � � nrs.00 � Disposition: � Records . � Crime lab � Crime Lab locM Propesly Room , p'�r� ,:.�: � � � � ,� �� .�..� .�.�- �� ,,X �8o d� � �, ,`��"�`�` � -o-' � ° � � � � � - �e fZaZ� �, /�� 6 : o o �� - w� ,��`- .� � �� .. ,�-' � � �z �� .�,� , ;o v �. ,., . �-�C' .� � �.� .z.�--� ,�O- �--.,�-r�-��e. �„'""`.��C °„�`� � .o-z �"�-t . li` �e � °`.,-�' �y�,.-�-�' �ti /�� .� � /�� ''`�"�.-�., . � /�" v _,�*-'�� w//�-� � l.�-� �� ,�� p-a� 7; 3�� „� �e. �e �...�-��-t'� �`�-z-`� �� `e. _ �r�-�—� ,�.,.z.,.z �t o��e, ��2 �-e��-�-t., r,�.Z� ��'�- `,�� -�� _ �- �z..�- � -� - � � .� , j � �`�� .u:�' .�. +,/ �..:-�-e.a - `-� � � � '� j � �� ,� � '� �.�-`-�- o ,c.e-� 2R-u.i��` / D,, J � � ��fc�P�r� � �6'�- �v't'f:'`' � �, : cH.�' z � �-a'� � � ,�'� y �- � . � �; wi�-Q: � �-a- D �� • � � � � c� '�,--r �(�iGt�y--.s� � / � � '� � �l/_ � -� ♦: d\ � f'� �i �2 � Q Emp. No.: Reporting Otfice, r. � �(��b mp. No:' 1ssisijjig OHicer.� � Z� O . � �/(� __ �� Nn.nn Fntv �'7 ai� ac �i�c a�ac�aac� vi va.v.s�. �a. .+ eFIF ❑ Hom ❑ Rob ❑ �uv ❑ Coord ❑ I ❑ Lab �Ree Tean dba George's Selby Aut Repair --�q DjC ❑ Surg [] Thett Q Prop Q CAU ❑ F8F 0 Auto [] DAO ❑ CO — Cl�+ E�chibit # � 9 ' CONTINUE NARRATIVE HERE _qs- l�ot 1�e ��..�z�� - ',� � �� (-�=t.� � �-�.,�.� �-�a2 �. ��, �� , �� .� �- C.r��Son � �!^o� w � c�k-� 1�2 �^-� �� 1i2 ,-r.� t-�r �"� � �i D�'t � u^--� y�� ✓/'�� Gti ��-f �-e-z. a- / t��-u�" ��-`� .a�-v- `� /✓yt %��-e � G` / 7 � �.�-�./�c.y� ' �� /"� 'r" /�-�- �s'``Z ,5�1 �-Z a�� t�-in,—t G'� �^ � _ L ��--�� f �-� �� `. �� :��..,.,� ,�- �. �-� :�� -�e � � �-�-�- : �� - n .� .f`c �a r� v �"-`t. „�--� . 1"�Z 't',-`°� � -z�¢ ?/-�.k`t �Q, G i^� ,� ,.�� m-t � �� - /`��z ,�.-� L� ��' �� - �� /3� 1��, , �� G� � � � �--� , 4� L) ♦ . L7 CJ � .. � �j� {.+;u ;� �i t i 1 � . `; �d��nrn�.� rl�� : � . � "� �� _ 7� � �lt� � - �� xG� � �01/l. , � .; c� _; 3i�ct y ` �`�`�—.�' ,� � �( �1�(lL�i�t b!A.ia�7 i � ✓�..Y_�__ j -�Gtt� �� Q�fri��f � ,� � � � ' v �U! ��✓ � ��GE'��f �'X N 1 D ; _ ; _ _ �� :� I ; - , ;, , � ■ • � —�dt7`�. �Cf STiPU�.t1r�oRJ ��:� � , f F - � �; 1�:� P� /0, i0 �yl . 9. �� r�. �:3�� _ _ �