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95-1057��A� Presented By 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Council File # 1 S — I� 5� Green Sheet # 33448 RESOLUTION CITY OF SAINT PAUL, MINNESOTA RESOLVED, that fines in the amount of $200.00 and $400.00 be imposed against the licensee, Abed Wazwaz, dba Adam's Dairy #2, 601 Dale Street, North, St. Paul, Mimlesota for the violation of the St. Paul Legislative Code and Minnesota Statute regarding sale of cigarettes to a minor. This fine shall be paid within 30 days from the date of adoption of this Resolution by the City Council. FURTHER RESOLVED,that the findings of fact, conclusions of law and memorandum contained in the ALJ Report in this case, dated July 31, 1995, are expressly ratified adopted as the written findings and conclusions of the Council in this matter, and the recommendations of the ALJ is hereby adopted. This resolution is based upon the record of the proceedings before the ALJ, including the hearing on June 30, 1995, the documents and e�ibits introduced therein, the testimony of witnesses heard, and the deliberations of the Council in open session on August 23, 1995. A copy of this Resolution, as adopted, shall be sent by first class mail to the Admimstrative Law Judge and to Abed Wazwaz. !9 , Requested by Department of: By: �.. By: By: Form Approved by City Att�y By: �'j� Approved by Mayor for Submission to Council By: Adopted by Council: Date � (p �� Adoption Certified by Council Secr te ary 95 - 1os� DEPARTME`,NT/OFFICE/COUNCIL 11i25/95 GREEN SHEET N_ 33448 c�t coun��i _ CONTACT PERSON & PHONE IN�TIAL/DATE V� �DEPARTMEMDIRECTOR �CITYCOUNCIL Nancy Anderson NUN FOP � QNATTOFNEY � CINCIEFK � MUST BE ON COVNCILAGENDA BY (DATE) ROU'�NG � BUDGET DIRECTOR � FIN. & MGT. SERVICES Dlq. September 6, 1995 OFDEF �MAVOR(ORASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP AL� LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Finalizing City Council Action taken August 23, 1995, concerning adverse action against licenses held by Abed Wazwaz, dba Adam's Dairy 9i2, 601 Dale Street. AECOMMENDA710NS: Approve (A) or Aelect (R) PERSONAL SERVICE CONTpACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEFVICE COMMISSION 1. Has this perso�rm ever worketl under a contrect for this tlepartment? _ CIBCOMMITTEE _ VES NO _ STAFF 2. Has this person/firm ever been a ciry employee� — YES NO � DISTRICT COUR7 _ 3. Does this personRirm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCI� OBJECTIVE? YES NO Explain ail yes answers on separate sheet and attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Who. What, When. Where, Why): RECEIVED ADVANTAGESIFAPPROVED q�� 2 5 t9g5 JERRY BLAKEY DISADVANTAGES If APPROVED' � �� AUG 2 � ip95 DISADVANTAGES IF NOTAPPROVED: TOTAL AMOUN70F TRANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE AC71VI7Y NUMBER FINANCIAL INFORMATION (EXPLAIN) STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS � p �� 100 Washi�gton Square, Suite 1700 9�° 100 Washington Avenue South Minneapolis, Minnesota 554�1-2138 August 16, 1995 RECEiVEQ Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 AUG 181995 CITY CLERK Re: In the Matter of the Licenses held by Abed A. Wazwaz d/b/a Adam's Dairy #2, 601 Dale Street No., St. Paul, MN; OAH Docket fVo. 80-2101-9759-3 Dear Mr. Owusu: On July 31, 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 ciosed. Very truly yours, �' —�- ��rZva°v1 1�3 - f%`Zsn<z.�a N ncy M�. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Prowding Impartial Hearings for Government and Citizens An Equ al Opportu Em ployer Administrafive Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 s Fa� No. (612) 349-2665 i � AFFIDAVIT 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 31th day of July, 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 Ms. Gail Langfield Office of the City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Mr. Abed A. Wazwaz dba Adam's Dairy #2 601 North Dale Street Saint Paul, Minnesota 55103 � � it A. onnell Subscribed and sworn to befor� ��h's /� day of July, 1995. � �� Notary Public �ruaC�ra�'►R RAI�tt�UN'fY woeneren6psrs.af. saoo OFFICE OF THE CITY ATTORNEY T'unothy & Mars, Ciry Auomry C l1 1 DL' StlllV 1 r�;V-'L; _;.'.' - CivilDivition 9 5 -� o/ 1 Norm Co7enwn, Mayor 400 Ciry Hall Telephone: 6I2 266-8710 t,- ��^ -- - , IS Weu Kellogg BHd Facsimi7e: 6I2 298-5619 � *% ^ - ° ' ' � Saint Paub Mnuaesota 55102 i _ - August 9, 1995 ,- �" '� `'' /�� ' - :'� � Abed A. Wazwaz ' � Adam's Dairy #2 601 North Dale Street Saint Paul, Minnesota 55103 NOTZCE OF COIINCIL HEARING RE: Licenses held by Abed A. Wazwaz d/b/a Adam's Dairy #z, located at 601 North Dale Street, Saint Paul OL'T Filg 2?u??+.ber; G95-0216 Dear Mr. Wazwaz: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 3:30 p.m. ATednesday, August 23, 1995, in the City Council Chambers, Third Floor, Saint Paul City Aall 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 judqement and discretion. Sincerely, � Gail L. Lari(�field Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office o£ Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ms. Kenrie Williams, Community Organizer, Thomas Dale District 7 Planning Council, 369 University Ave., St. Paul, MN 55103 Sgt. Per Tredal, Police Dept. SIU 95 80-2101-9759-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Abed A. Wazwaz dba Adam's Dairy #2 601 Dale Street North, Saint Paul, Minnesota FINDINGS OF FACT CONCLUSIONS OF LAW AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on June 30, 1995 at 11:10 a.m., in Room 42, Saint Paul City Hall and Ramsey County Courthouse, 25 43est Kellogg Blvd, St. Paul Minnesota, 55102. The record closed on June 30 at the close of the hearing. Gail Langfield, Assistant City Attorney, appeared on behalf of the City of St. Paul Office of License, Inspections and Environmental Protection (LIEP). Licensee Abed A. Wazwaz appeared on his own behalf with his daughter Amy Wazwaz, who translated for her father as needed. 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 review o£ the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Parties should contact the City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. 95 STATEMENT OF ISSUES 1) Should adverse action should be taken against the licenses held by Abed A. Wazwaz, dba Adam's Dairy #2, on the grounds that the licensee sold cigarettes to a minor? 2) Should costs of the hearing in this matter be awarded to the city pursuant to Saint Paul Legislative Code Sec. 310.05 (k)? Based on the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Abed A. Wazwaz is licensed by the City of Saint Paul to sell groceries and cigarettes from Adam's Dairy #2, located at 601 Dale Street North in Saint Paul. City Exhibit 8. 2. The Office of Licenses, Inspections and Environmental Inspections (LIEP) is responsible for enforcing licensees' compliance with state statutes that prohibit sales to individuals under the age of 18. When LIEP is informed that a licensee is violating the statutes, it conducts compliance checks by sending underage decoys into the licensee's establishment to buy cigarettes. 3. Prior to Mareh 16, 1995, the City received two complaints through the Mayor's office that Adam's Dairy #2 had sold cigarettes to minors. As a result of those complaints, LIEP Senior License Inspector Rristina Schweinler conducted a compliance check of Adam's Dairy on March 16. Accompanying Ms. Schweinler on this check was Sergeant Per Tredal of the Saint Paul Police Department. The underage decoy was Catherine Caturia, a 16-year-old high school student. City Exhibit l. 95 4. Ms. Caturia bought cigarettes from Adam's Dairy without providing proof of her age on March 16. The clerk who sold her the cigarettes was Moses Wazwaz who was operating the cash register while his father was busy elsewhere in the store. The younger Mr. Wazwaz is not an employee of the store, but on occasion takes over cash register duties for his father. 5. After buying the cigarettes, Ms. Caturia left the store and gave the cigarettes and the receipt to Sergeant Tredal. The sergeant and Ms. Schweinler went into the store and identified themselves to Moses Wazwaz. When they told the clerk Ms. Caturia was a minor, he replied that he thought the teen-ager was twenty-two or twenty-three years old. Sergeant Tredal and Ms. Schweinler told the clerk he would receive a letter from the City Attorney's Office concerning the procedures for assessing a fine. The senior Mr. Wazwaz spoke to his son about the transaction while the two city officials were still in the store, but did not speak directly to Sergeant Tredal and Ms. Schweinler. 6. On April 24, 1995, the City Attorney's Office sent Abed Wazwaz a Notice of Complaint that described the March 16 violation and Mr. Wazwaz's options for proceeding with a hearing either before the City Council or an Administrative Law Judge. City Exhibit 2. 7. The City continued to receive complaints that Adam's Dairy was selling cigarettes to minors after the March 16 violation and after the April 24 letter was sent by the City Attorney's Office. As a result of these continuing complaints, Sergeant Tredal, Ms. Schweinler and Ms. Caturia returned to Adam's Dairy on May 4, 1995 to conduct another compliance check. Ms. Caturia wore a concealed microphone that allowed Sergeant Tredal and Ms. Schweinler to monitor her conversation in the store. 8. When Ms. Caturia entered Adam's Dairy on May 4, there were several young men already in the store. One of the young men, whom Ms. Caturia believed were younger than 95 she, began a conversation with her. Ms. Caturia did not £eel threatened by the conversation, but Mr. Wazwaz, who described the young men as "100� bad boys," was alarmed by their overture to Ms. Caturia. Accordingly, Mr. Wazwaz sold cigarettes to Ms. Caturia quickly after asking her age but without asking for identification. 9. After Ms. Caturia Yeft the store, one of the young men made a move to follow her out but was warned by Mr. Wazwaz to leave her alone. Sergeant Tredal and Ms. Schweinler then entered the store; one of the young men challenged the sergeant (who was in plain clothes) when he looked at them. 10. On May 12, the City Attorney's Office sent Mr. Wazwaz a second Notice of Violation based on the May 4 sale to Ms. Caturia. City Exhibit 5. Mr. Wazwaz responded with a letter received by the City Attorney on May 17. In that letter, Mr. Wazwaz stated that the young men were hugging and kissing Ms. Caturia, so he told her to hurry up and leave the store. City Exhibit 6. 11. On June l, 1995, a Notice of Hearing was sent to Mr. Wazwaz setting the matter on for hearing on June 30, 1995. City Exhibit 7. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Saint Paul Legislative Code Sections 310.05 and 310.06 and 324.07. 2. Mr. Wazwaz received timely and proper notice of the hearing of this matter pursuant to Saint Paul Legislative Code Section 310.05(b). 95 3. The imposition of a fine is an adverse action against the license as that term is defined in section 310.01 0£ the Saint Paul Legislative Code. 4. Adverse action in the form of a fine against the licensee is appropriate where: The licensee...(or any person whose conduct may by law be imputed to the licensee ...) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith. Saint Paul Legislative Code Section 310.06(b)(6)a. (emphasis supplied). 5. Since he was working behind the cash register with the assent of his father on March 16, 1995, the conduct of Moses Wazwaz may be imputed to the licensee under Saint Paul Legislative Code Section 310.17 which provides: "Any act or conduct by any clerk...which...takes place either on the licensed premises...and which act or conduct violates any state or £ederal 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." 6. The sale of cigarettes to Catherine Caturia was a violation of the Saint Paul Legislative Code Section 324.07 and the Minnesota Criminal Code, Minnesota Statute 609.685, both of which prohibit the sale of cigarettes to persons under the age of 18. Under the Minnesota Statute, such a sale is a gross misdemeanor. 7. Adverse action against the license held by Abed A. Wazwaz in the form of a$200 fine for the March 16 violation and a$400 fine for the May 4 violation is reasonable and appropriate pursuant to the presumptive penalty for a second 95-�0�7 violation set forth in Saint Paul Legislative Code Section 324.11(b). 8. The imposition of costs under Saint Paul Legislative Code Section 310.05(k) is not warranted in this matter. Based upon the foregoing Conclusions, the Administrative Law Judqe makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that the St. take adverse action against the licenses Wazwaz in the form of two fines, one for $400. It is further recommended that no against the licensee. Dated this 31st day of July, 1995. Paul City Council held by Abed A. $200 and one for costs be imposed � c i�a A. Mc 'onnell inistrative Law Judge Reported: Taped (not transcribed; tape number 22,770). NOTICE The St. Paul City Council is requested to serve a copy o£ its final decision upon the parties by first class mail. MEMORANDUM Abed Wazwaz has presented two defenses to the violations at issue in this matter. Mr. Wazwaz claims he should not be held accountable for his son's actions on 95 March 16 because Moses Wazwaz is not a regular employee of the store. On that date, however, the younger Mr. Wazwaz was relieving his father from behind the cash register so the latter could perform other duties in the store. Abed Wazwaz knew his son was working behind the counter and permitted him to do so. Consequently, the licensee is responsible for his son's conduct even if Abed Wazwaz did not participate in the sale to Ms. Caturia. Mr. Wazwaz defends the second sale to Ms. Caturia by claiming that he was acting in her best interest in removing her from the store as quickly as possible on May 4. Mr. Wazwaz's perception of the threat posed by his other customers differs from that of Ms. Caturia hersel£. Mr. Wazwaz recalled that the young men tried to touch Ms. Caturia, while Ms. Caturia is sure they merely spoke to her. Ms. Caturia's recollection is consistent with those of Sergeant Tredal and Ms. Schweinler who were listening to the transaction just outside the store. The circumstances in the store do not justify Mr. Wazwaz's sale to Ms. Caturia. While Mr. Wazwaz may have been concerned for Ms. Caturia's well-being, he was nonetheless willing to take the time to sell her the cigarettes. If there was time to make the sale, there was time to ask for identification and refuse a sale to a minor. While it is appropriate to assess the two fines against the licensee in this case, the assessment of costs would be excessive. The fines alone will serve as a strong notice that the prohibitions against cigarette sales to minors demand strict adherence. Mr. Wazwaz should not be penalized further because he exercised his right to administrative hearing. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South (� y` -10 5 7 Minneapolis, Minnesota 55401-2138 July 31, 1995 Ms. Gail Langfield Office of the City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Mr. Abed A. Wazwaz Adam's Dairy #2 601 North Da12 Street Saint Paul, MN 55103 Re: in the Matter of the License of Abed A. Wazwaz File No. 80-2101-9759-3 Dear Ms. Langfield and Mr. Wazwaz: 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. Sincerely, �� ta A ECOnnell �nistrative Law Judge cca Saint Paul City Clerk' Providing Impartial Hearings for Govemment and Ci4zens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No (612) 349-2665 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 95-1057 July 31, 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 Abed A. Wazwaz dba Adam°s Dairy #2 601 Dale Street North, Saint Paul, Minnesota File No. 80-2101-9761-3 Dear City Clerk: Enclosed for service upon the Saint Paul City Council are the Findings, Conclusions, Reoommendation and Memorandum I prepared following a hearing in the above-referenced matter. A copy of this Report has also been served this day on Gail Langfield of the Office of the City Attorney and the licensee, Mr. Abed A. Wazwazo Sincerely, i��n2'Z.Q� �a A. McConnell Hearing Officer cc: Ms. Gail Langfield Mr. Abed A. Wazwaz Prowding Impartial Hearings for Government and Ci4zens An Equal Opportunity Employer Administrative Law Sec6on & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No (612) 349-2665 STATE OF MINNESOTA OFFI ; 0 WasD gton Squ�arelS Re� 700 NGS �� 100 Washington Avenue South Minneapofis, Minnesota 55401-213$ June 21, 1995 Gail Langfield Assistant City Attorney Office of the City Attorney 400 City Hall I S West Kellogg Boulevard St. Paul, Minnesota 55102 RE: In re the Licenses of Abed A. Wazwaz, d/b/a Adam's Dairy #2; OAH Docket No. 9-2101-9759-3 Deaz Ms. Langfield: Per your letter of June 15, 1995, enclosed find the two subpoenas you requested in the above-entitled matter. Sincerely, �� Cl , v-"" "' �� PHYLLIS A. REHA Administrative Law Judge Telephone: 612/341-7611 lc enclosure Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administretive Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 95 �.�- STATE OF MINNESOTA � - OFFICE OF ADMINtSTRAfiIVE HEARINGS •;� ...;' HEARING SUBrOENA TO: Sergeant Per Tredal, St. Paul Police Deparhnent, 100 E. llth Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appeaz before Administrative Law Phyllis A. Reha of the Office of Administrative Heatings of the State of Minnesota, at St. Paul City Hall, Room 42, 15 West Kellogg Boulevazd, in the City of St. Faul, Ramsey County, Minnesota, on the 30th day of June, 1995, at 1030 o'clock in the forenoon, to appeaz as a witness in the matter of All Licenses Held by Abed A Wazwaz d/b/a Adam's Dairy #2 for the Premises located at 601 Dale Street North in St Paul, Minnesota. YOLT ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following: Pursuant to the authority granted at Minn. Stat. § t4.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this'Zl S �of J�, 1995 �P --`r� � KEV1N E. JOHNS Chief Admiuistrative Law Judge 612/341-7600 Subpoena requested by Gail Langfield, Assistant Cty Attomey Telephone: (612) 266-8710 9��Q57 �� STATE OF MINNESOTA � OFFICE OF ADMIIVISTRATIVE HEARINGS • ...�: �� HEARING SUB?OENA TO: Catherine A. Caturia, St. Paul Police Department, 100 E. llth Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appeaz before Administrative Law Phyllis A. Reha of the Office of Administrative Hearings of the State of Minnesota, at St. Paul City Ha11, Room 42, IS West Kellogg Boulevard, in the City of St. Paul, Ramsey County, Minnesota, on the 30th day of June, 1995, at 10:30 o'clock in the forenoon, to appeaz as a witness in the matter of All Licenses Held by Abed A Wazwaz d/a Adam's Dairy #2 for the Premises located at 601 Dale Street North in St Paui Minnesota. YOU ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following: Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this � of une, 1995 ��o� KEVIN E. JOHN Chief Administrative Law Judge 612/341-7600 Subpoena requested by Gail Langfield, Assistant Cty Attomey Telephone: (612) 2b6-8710 t�i i ._1 lUli il OFF[CE OF "I'HE Cl l'Y ATTORNEY r.�.w,r. Ar�. cay,�uw,�.y CITY OF SAINT PAUL Norm Calorran, Ma}+or Junc 15, 1995 Judge Yliyllis Reha (>Ifice �f AdruinisVative Hearings 1(k) Wasi��gton Square, Suite 1700 Minrzeapolis, Minnesota $5401-2138 IZ1=.: In re The L,iceases of Abed fl. Wazwaz dba Adam's Dairy #2 Liceatie ID No. 59128 (�ur file Nuzvber= Ci95-01x7 Xc C395-1Y116 lle:ir Judge Reha: 95 The purpose of this letter is to request subpoenas pwsuant to Minnesota Rules, past l4O0.7OO(l relatiug to tbe above-mentioned contested case hearing that is scheduled to be heard bcfore you on Friday, June 30, 1995. The City of SU Paul I.icense Division will be calliug these witnesses to testify regardiag the incident which serves as a basis for the action against t}�e licenses of Abed A. Wazwaz dba Adam's Dairy #2. In order to ensure tHese individuals will be in attzndance to testify, the City of St. Paul requests &om tbe State Of6ce of Admirustrative Hearings subpaenas for the following individuals: 1_) Sergeant Per Tredal St. Yaul Yolice llepartment 1(10 E. 11tI� Street St. Yaul, MN 55101 'L.) C �itherine A_ Caturia St. 3'aul Police Department l(� F,. lltb S�eet Sc. Pa�t, MN 55101 �f yuu need addition,il information or have any questions regarding this request, piease do +�ot hesitate to concact me at 266-8748. T1�ank you for your consideration in this matter. Sincerel , � - «�� Uai� T..angf'iela Assistant City Attorncy c:Nr �., 4p0 Csy Holl IS R a# Ketlo� BNd Sauu Pau?, hfw.ncsora 55102 Tdcphonc 612 ?&Sd710 Facsinulc� 612 2A4-SG19 VIA �AX AND U.S. MAIL �� t-fi'.�7 '��9,_61 C�l 3=�I �di i=,.'.31d,�i il1N .!.117 ldi i,�� _�:ST 56=.T-ST-IIi il OFF'ICE OF THE C11'1' ATTORNEY T'+mot7ry & Mm; City.9aontey 1�1 CITY OF SAINT PAUL �� _- _ 9 5-10 5 7 Norm Cokman, Mayor June 15, 1995 40& Eity,.flall �_ Telr�horu: 612 2668710 15'tf'e.47�ello�qL3lvd' �' �_nFacdntile.'6122A4-5619 SaintPau; M'UUVSOm SSIb2 ` VIA ��AX"�iND U.S. MAIL Judge Phyllis Reha Office of Administrative Hearings 100 Wastungton Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: In re The Licenses of Abed A. Wazwaz dba Adam's Dairy #2 License ID No. 59128 Our file Number: G95-0187 & G95-0216 Dear Judge Reha: The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case hearing that is scheduled to be heazd before you on Friday, June 30, 1995. The City of St. Paul License Division will be calling these witnesses to testify regarding the incident which serves as a basis for the action against the licenses of Abed A. Wazwaz dba Adam's Dairy #2. In order to ensure these individuals will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Sergeant Per Tredal St. Paul Police Department 100 E. llth Street St. Paul, MN 55101 2.) Catherine A Caturia St. Paul Police Department 100 E. llth Street St. Paul, MN 55101 If you need additional information or have any questions regarding this request, please do not hesitate to contact me at 266-8748. Thank you for your consideration in this matter. Sincere , � �� Gail Langfield Assistant City Attorney OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCZL f�F THE CITY OF SAINT PAIIL OAH Docket No. 9-2101-9759-3 In re the Licenses of Abed A. Wazwaz dba Adam's Dairy #2 601 Dale Street North 95-1057 CITY'S PROPOSED ERHIBZTS June 30, 1995 TO: Judge Phyllis A. Reha, Administrative Law Judge, Office of Administrative hearings, 10o Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138 The following constitutes the proposed Hearing Exhibits of the City's Department o£ License, Inspections and Environmental Protection. Exhibit No. EXh. No. 1 Exh. No. 2 Exh. No. 3 EXh. No. 4 EXh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Description Police Report CN 95-034-167 dated March 16, 1995 (1 p•)v Notice of Complaint dated April, 24, 1995, re 3/16/95 Incident (2 pp.); Police Report CN 95-059-647 dated May 5, 1995 ( PP•): Investigation Report from Kris Van Aorn re May 4, 1995, incident (1 p.); Notice of Violation dated May 12, 1995, re May 4, 1995 incident (1 p.); Abed Wazwaz letter, date stamped May 17, 1995, re unrelated incident on May 4, 1995 (2 pp.); Notice of Hearing with Affidavit of Service; dated June 1, 1995 (4 pp.); License information re Abed A. Wazwaz dba Adam's Dairy #2, certified May 31, 1995 (1 p. ). 95�1057 Also attached please find courtesy copies of applicable St. Paul City ordinances and State of Minnesota statutes: St. Paul Legislative Code § 324 St. Paul Legislative Code § 310 Minnesota Statute § 609.685 Respectfully submitted this ��day of June, 1995. � Attorney at Law//� Office of the Ci�y Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8731 _ . . Pa3a _�or / ��1 Occurred Q At � Between: L �u, Crime Leb i� of Arrest Crime lab Locker Prooertv Room 1 ' ��(. f � r P/.� � G l0�' �4 G T �G/Gr Gi. �' d/C i v y �G( /v, �a l.� � 22�- l2 9.! � SrC�1 ��f z� �° �^"i��Ovs , � , � s � �� -. . ��, � �+'a � h�i, /r'�.. f�� , , G /�'�� Gc � F� � s c�., f �' /�v Y-NSe � olo� ��' �'-r �o �� +� � ff-�ti..�: f t� �u ��ye,��. % P ele�� G.r� � //-i�/- �y � sa1o� . Z"G�C lLF �PGflr OIGt / � • C = ✓-}�� Cr �G��t� GT /�Gv�Go4G � TGj'Gt�'S +ov� �sZ , GC . 1 p�R�e� f� � Cr fCv� ��1' �` �-, 'F� c � I� , (r� ln C t� w' s ��.,. �f �� r� c.�.. d� % �`GG� �YO�, r�o� � G� �G z �. < s a,`v� f C. � f l. z 'tG�o� y� f `tl.� ��r lj �Gt� G l U � G G� �G�" '�'ci ��c 2 2 a4 2�. � � / � �. t 1—c' /�G c,.. �� S �G v� rt e^P �Lr1'� 7�v 1 e l� � J -� / t ? ��Gt�C�TPJ �G ��L �( G✓ . fL, GI�[ T �'i L� j,(� . �� 5� � Gf v� r'��- rr'�c �C �`1 D' FGoC�- n. -�1.� P/ , � r ��-fl - G�lc�,'�-� � � � s, �l� �,-�F� y � �a,'/,�r� i /�/!� r,E e�. APR 1; i995 � ' CITY AT�t}RN � Assisting tiFi� � Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab D!C ❑ Burg � Thett Q Prop � CAU ❑ F&F 0 Auto ST. PAUL POLICE DEPARTMENT GENERA�REPORT hrs, on and Reporting . �.�.: �Yes � No � ❑ Team � DAO ❑ CO hrs. on _ y�o City's E�ibit No. 1 � �� U CITY OF SAINT PAUL Nomi Colemars, Mayor 9�'�.057 April 24, 1995 NOTICE OF COMPLAINT Abed A. Wazwaz Adam's Dairy #2 601 North Dale Street Saint Paul, Minnesota 55103 RE: All licenses held by Abed A Adam's Dairy #2 License ID: 59128 Our Fi1e Number: C95�187 Dear Mr. Wazwaz: OFFI�F THE CITY ATTORNEY T�nroth}' lm1; C�t}'/1t/ornev cird Dirrsion 400 Ciq� Haf( IS Wes: Ke!!o� DIvG. Sam( Pard, Aluvretora 5510? Tclephonc: Gl? 2G6 5770 Fncsrmitc.� GI? ?98-5679 Wazwaz dba The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses you hold at the above-named premises. This recommendation is based.on the following: On March 16, 1995, a clerk or other employee sold cigarettes to a minor under the age of 18 years old in the licensed premises. This is an offense under Minn. Stat. �609.685 and Saint Paul Legislative Code §324.07. If you do not dispute the above facts, and send ne a letter to that effect within 5 days, the case will be set before the City Council. You will have a chance to appear and make a statement before the Council as to the proper penalty, if any, to be imposed. If you do dispute the above facts, a hearing wi11 be set before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The Council will ultimately decided the case. If this is your choice, please advise my legal assistant, �'l�!�!!��!!� ■ — dba Adam's Dairy #2 — City's E7chibit No. 2 � � i Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ hearing. Call him at 266-8776. Very truly yours, Philip B. Byrne Assistant City Attorney 9�-�.057 cc: Robert Kessler Director, LIEP Ted Koeppl License Division � ?age of � Day Month Date Year Time: S � � � (G60 Class: Location of Cati: �j,-/�' N _ � � Time & Date of Occunence: Occurted � At ❑ Between: �,� hrs. on y ST. PAUL POLICE DEPARTMENT GENERAL REPORT Squad: � Team�:� t 7 �O (/� Location oF Crime Scene: � � / N, - Y' `9 I and __ hrs. on INFo �G C ! Crime Lab �proparty Room N/IRR ; .i ✓t PG'9S� / tr {N � '^CJ d Pfh .SC�Y frsr� C°C:n^�`G'/:.. T r d� j(�t v!� r��PI �JGy r v�C� C�i'(.�' b4 Y/ G�i / /7� l / �G i�� G( N. �a �v, ��, �/�G/�iS�/ r ?'S� - 4 .��/- /7 / / �� s Uc� � l{�� . � L 1£' i�� .� � �s� �, t a /� y Pa � a I cP ( � � �.' {� (' ") '`' /!� � ��n '� a � � ! N �G �,e �a � uY . / � � }P i�GS �'�/r {� h�y C'/'�-rAs-c7�1�n1', f�f t"�af t.��,,, � SGJ�� ..��z�, Ab�� w�f v�, tCP S�'GvZ � 6Gt1 G.Q al vis7 S'rG' f�P �l�'arc�1��S', ,�� 2G> r�lS" �.�- `�- 4'.1" � �'I�l s l/Gr�. f��ti �v�c� 1 a q a� h s e �, f'`�',¢�° " 1�.. � 0 6 c� t�v. �R /-e t�� f7`� �f., � � S u Y �' �'� U L e f� Pr. �S � e e� /�Y cG� 7`� f �1'?�c� f GCNG (/VlnZCJQZJ �(�FGt iT• / cSOIG� (/`�' � e:• Gi �G� G� � G/ {�G� t- �� e v G S �Gv' `�.�Z G m . `� �tGf e t � 'f� P /�%/�G'� � � � v o � �' �. �7` � � � �'S . O� s-4-�rr ., �f1�'' ��i�� z �Uy �.ryGr��f�� ' f e> �f /cc��,�.Hf. �cu� 7`C.� lG�a��;a� r w�u/�✓ �af scl/ fz �n w�c �.- �.�. �EC�� MAY 1 1 1995 � s F p C�� Reporting �cer ` �� / G y" � - --,_..--- �..•-- ... _,...o. �Yes � No GFSF� Hom ❑ Rob ❑ Sw ❑ Coord ❑ ID ❑ Lab � eem ❑ Sex ❑ Aptr ' Other l i� ` C Z D/C � Burg � Thett Q Prop Q CAU � F&F Q Auto � DAO ❑ CO :�� dba Adam's Dai #2 (:itv'c Exhihit No. 3 0 z `�1 � � No.: � i �� 7 m d � \ � C � O � S C d � 0 � � • 1 Q S d O W � a z V' r �f Q v � ` Z � E V Wi � � z � w � } � � W L � C L 7 � Q 6 N LL d Q � � ~ F� � c 3 O LL � � a u `m 1 O d Y � 1 2 L U 6 W � U d � W Q I I � v �. I � a � y m m � o_ a, > �- � � o �p � 0 o E . dZ k o �� Z � �- v � L �D � 0 o �' � o € ° m Q 1g c - g E `o g' o ,n ° o W � ! LL V LL 0 O � � � � L J Q tL V LL m U U o -� E � � 'V 8 C � J 1' � O J ` ` J U m � o E a o_ E E -• e e — a o� U a o- V V ._ i i i i � i U � J O� J J y. J �J '-i a V d d U U 'C �i > > �,�v � u ` m 0� 1 � � E �� - � d z ¢+ `a O L O L � E � � „" O a � u r oa m n i d E � � M=Z � L d O � O Z z 95 CITY OF SAINT PAUL l`�TERDEPAR'ITJFNI'AL D3EMORAh�Di)T4 May 23. 1995 T0: Phil Byrne Robert 7Cessler Ted Koeppl `Peter Pangborn FR: Kris Van Horn ' (�V� RE: Compliance Checks The £ollowing is a report oa the ccmpliance checks of several convenience stores: On May 4, 1995, Ser e�.t Trecal, a sixteen year old female kno�.-n as CAC and Z went to CF.0 k sold a pacic os r�rlboro cicarettes bv a ' The clerk called the ouner on would be. We then went to sold a pack of I�'.arlboro cigarettes to CAC. R�CEfVED � �1� 0 2 1995 CiTY ATT4�NEY Adam�s Daisy at 601 N. Dale Street (I.D. n59128) again sold a pack o£ Marlboro cigarettes to CAC. Abeal Nazua2 xas the clerk at the time. It should be noted that he was in the stere on Narch 16, 1995, and CAC was the sane decoy at that time. to CAC. The clerk Mas as also sold KVH/lk • � � dba Adam's Dairy #2 City's Exhibit No. 4 � OFFIC� THE CITY ATTORNEY Timothy E. rr., Ciry Anam.ey CTTY OF SAINT PAUL Nomz Colemar5 Mayor May 12, 1995 Abed A. Wazwaz Adam's Dairy #2 601 North Dale Street Saint Paul, Minnesota 55103 Civil Drvisron 400 City Hall IS West Kellogg B1vd Saint Paul, Minnerora 55102 Telephone: 612 266-87I0 Facsimiie: 612 298-5619 NOTICE OF VIOLATI013 RE: Al1 licenses held by Abed A. Wazwaz dba Adam's Dairy #2 License ID: 59128 Dear Mr. Wazwaz: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses you hold at the above-named premises. This recommendation is based on the following: On May 4, 1995, a clerk or other employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. If you do not dispute the above facts, and send me a letter to that effect within 5 days, the case will be set before the City Council. You will have a chance to appear and make a statement before the Council as to the proper penalty, if any, to be imposed. If you do dispute the above facts, a hearing will be set before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross- examine the other's witnesses. The Council will ultimately decided the case. If this is your choice, please advise my legal assistant, Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ hearing. Call him at 266-8776. Very truly yours, Philip B. Byrne Assistant City Attorney cc: Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Sgt. Per Tredal, Police Dept., SIU ■�� dba Adam's Dai�ry#2 _ � City's E7thibit No. 5 , _ � • Q5-1057 � _�_.. �-�. �.� _ � . �,'Qz w� . � r / /, / '{� r� � t�; � �c�ti�.k J��-�G ��-� �� _�' a s,., �. LL; i` r� , I�� e-� f�r� .� r� o� �.� LI �f� � `%� . �/ `�`�i�� u��S �� LC�'G,� �'c,tvj/J r: /�, (�-� �� - •�v�t�- `��-( 17 �r'�`� ��n Cf�' "�� t ,�'` � ; �-�a,� G��`�2 C �� `� ��. � �q c�� i��sE � x: � '/�c��t ��f��-� ` r�( ��'SS,,� �CY1 �� , '��, � - 0 .� Q {�-�-� �;L.� C � �.je �,��-t �5 , �t� �l� �� lCJ �Lf1�� U�� f�C�, 'C7 � (��R� I �'�Gi i,� F- �, l � �Q�VI �, � ,� �� 1'�. �- .� � , CC.a.�c� �'�v� 1� � , �L�� u �� .�-� ��,� �.�ive� �� "S�� . � �� z t,�.�� r�„RrR .w ��4;' � �.� �'„�� .i�:. �::'� �� > € t. - f, � � :�,�? �'. ,, � �� ,�,� ��E�,�"�� .�■� dba Adam's Dairy #2 _ City's Elchibit No. 6 - OFFICE OF THE CITY ATTORNEY b/� TimoUry� E. Marx, Ciry Attomcy N C t i 1 �l' Jlyll� 1 L t1 V L. Cn�i1 Division Norm Cotemaq Mayor � u�� ; — 1 ,-, =, <j [�,'0�0 Cery Hal[ Telephone: 672 266.8710 IS Wert Ke(logg Blvd Facsimile: 6Z2 2985619 Saint Pau! Minnesora 55102 �. .� - �� 95-1057 June 1, 1995 NOTICE OF HEARING Abed A. Wazwaz Adam's Dairy #2 001 Dale Street North Saint Paul, Mt3 55103 RE: All licenses held by Abed A. Wazwaz dba Adam's Dairy #2 for the premises located 601 Dale Street North in St. Paul Dear Mr. Wazwaz: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above : Date: June 30, 1995 Time: 10:30 a.m. Place: Room 42 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: Phyllis Reha Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 341-7611 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 for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. �� 1 O �� 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: "That on two separate occassions - on March 16, 1995 and again on May 4, 1995 - the owner, a clerk or other employee for the licensed establishment known as Adam�s Dairy #2 sold cigarettes to minors under the age of i8 years old in the licensed premisis. And that the second violation of May 4, 1995 occurred after Mr. Wazwaz, the owner and licensee, was notiPied in writing of the £irst violation." 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 of 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 Por the record. The City wi11 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 CiLy 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 3udge for incorporation into his or her recommendation for Council action. 95°�d� 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, .�� Gail Langf e d Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, i,IEP Frank Sta£fenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ms. Kenrie Williams, Community Organizer, Thomas Dale District 7 Planning Council, 369 University Ave., St. Paul, MN 55103 � � 95 -1057 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being £irst 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 thereo£ in an envelope addressed as follows: Abed A. Wazwaz Adam's Dairy #2 601 Dale Street North Saint Paul, MN. 55103 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails, at St. Paul, Minnesota. Subscribed and sworn to before me this lst day of June, 1995. �1 � 1 � � ��..� � ._s •. � e�.va,r. fi.ovo � NDTARY�-�tlIRES�TA RAM.REY t�iTY � �NConm.6�s,�en. s�, zaoo � 95 -1057 Lic ID ................... STAT..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 5(31195 59125 AC WAZWAZ, ABED A 601 DALE ST N 55103 ADAM'S DAIRY #2 GROCERY (C) CIGARETTE 05/26/95 1088120 225-1295 I hereby cextify that this is a true and exact copy of the records of the LIEP Office of the City of St. Paul for Abed A. Wazwaz DBA Adam's Dairy Il2 at 601 N. Dale Street. / � r ��,n) �.��,ti s l3, I�s Kris Schweinler Date Chief License Inspector i �� ■ dba Adam's Dairy #2 City's E�ibit No. 8 ■ �a "`"<> �INDA K�YKORAM �"�' woraarPUauc-a�ihassora '�.�"'. �gr A1yGanm�ssicrsExpresJan.39,2P00 q�/p/.M y� f�Iyq j�/� i�A�4A AMi+.N\I�f ll W AMJNMM/ ffi 95 �-- �� - �.. SUBTITLE A. N GENE A T• Chapter 310. Uniform License }'rocednres Sec. 310.01. Definitions. LICENSES �or the purposes of this chapter, any chapter of the Legislative Code pertaining to licenses as here- inafter mentioned, and subsequently enacted or- dinances establishing or relating to the require- ments for Class I, Class II and Class III licenses under authority of the City of Saint Paul, the terms defined in this section shall have the mean- ings ascribed to them: Aduerse action means the revocation or suspen- sion of a license, the imposition of conditions upon a license, the denial of an application for the grant, issuance, renewai or transfer of a Iicense, the im- position of 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 actaon includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the City of 5aint Paul. Adverse action also includes disapproval of licenses issued by the State o£ Minnesata under statutory provisions which permit the governing body to disagprove 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 offzci¢l means the official in the office of license, inspections and environmental protec- tion chazged 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 of the City of Saint Paul. Supp. No. 26 2027 § 310.01 Class I Iicenses 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 are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: Class I Licerzses Automobile Repair Garage and Body Shop Animal Foods Manufacturing and Distributing Amusement Rides Mechanical Amusement Devices Bill Posters Bituminous Contractors Boazding and Roominghouses; Dormitories Bowling Alleys; Pool Halls Christmas Tree Sales Cigarettes Close-Out Sales Building Contractors Dry Cleaning and Dry Dyeing Plants; Laundries Electrical and Appliance Repair Fire Alarm—Telephone Devices; Apparatus Installers Florists Food License Fuel Dealers—Liquid Fuel Fuel Dealers—Solid Fuel Fumigating—Pest Control Gasoline Filling Stations Private Fuel Pumps Hardwaze Stozes House Sewer Contractors Ice Cream Processing and Dis- tributing Mercantile Broker Milk Oil—Bulk Storage Opticians Pawn Shops Peddlers Soliciting Legislative Code Ch¢pter 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 § 310.01 LEG7SLATNE CODE . � Class I Licenses Pet Shops Radio and Television Repairs Rental of Clothing Rental of Hospital Equipment Rental of Kitchenwaze Rental of Trailers Roller Rinks Sanitary Disposal Secondhand Deaters Sidewalk Contractors Solid Waste Sign and Billboard Construction Sound Trucks and Broadcasting Vehicles Public Swimming Pools Tow Trucks—Service Vehicles 'I4�ee Trimming Vending Machines Veterinary Hospital Window Cleaning Block Parties Tattoo Parlors Wrecking of Buildings Buiiding Trades Business Li- censes Building �ades Certificates of Competeney Finishing Shop Tire Recapping Piants Transient Merchants Therapeutic Massage Center Therapeutic Massage Practi- tioner Legislative Code Chapter 347 348 349 350 351 352 3b3 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 412 4i4 CZ¢ss II licenses means those licenses which must be approved or denied by the director, sub- ject to the procedures required by these chapters. The foIIowing licenses aze so classified, aztd the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license; Cl¢ss II Licenses Auctioneers—Short Term License Legislative Code Chapter 39D LegisZatiU¢ Class II Licenses Code City Gambling Permit Section 402.06 Soliciting Funds—Tag Chapter 391 Days Temporary On-Sale $eer Section 410.10 Temporary Wine and Li- Section 40925 quor C1ass III 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 cIassified, and the numbers shown opposite them conespond to the chapters in the Legislative Code pertaining to each license: Legisl¢tive Code Class ZII Licenses Chapter Auctioneers 400 Motor Vehicle and Parts Dealer 401 B�� 4d2 Bingo Halls 4�3 Private Clubs 404 Dance Halls 405 Gazne Rooms 406 Hotel 407 Junk Salvage and 5crap 40S Intoxicating Liquor 409 Nonintoxicating Liquor 410 Entertaininent 411 Conversation Parlors 413 Motion Picture Theatres 415 Motion Picture Drive-In The- 416 atres Pazking Lots 417 Taxicabs 37& Gambling License 419` Director means the director of the office of li- cense,inspections and environmental protection, unless otherwise deFmed in the specific chapter, section or subdivision referred to. Division means the office of license, inspeetions and environmental proteetion as the successor to the former division. Fee means and includes both the license fee and application fee un2ess otherwise provided. � Supp. No. 26 2028 95 r -, i Inspector as used in these chapters means the director of the office of license, inspectians and environmental protection or his or her designee. LICENSES § 310.02 � -��>- : `Y�'� � � 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 germit 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,receiverorother representative appointed by law. Zoning administr¢tor 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, 6-7-58; Ord. No. 17919, § 1, 3-3i-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 paragraph (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 Depax�tment of Prop- erty Taxation cert�es that said applicant has paid any and all tases, real or personal, before said t�es 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. Notwithstanding 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 taxes in periodic install- ments; (2) The applicant has properly commenced a proceeding to contest the amount of taac due or the valuation of his property, and has made all partial payments required by law in cannection with such proceed'ang; or (3) The business property with respect to which tases are 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) Additional information. The inspector shall 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 en£orce any provision hereunder. He shall require in every case the applicant to submit his name; business or corporate name; names of partners, o£ficers, direc- tors, shazeholders or trustees involved in the busi- ness; age; address; description or biueprint 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) ye¢r after de- ni¢l or revocation. No person may apply for any license within one (1) year of the denial or revo- cation of the same or similar license by the city council, if such denial or revocation was based solely or partially upon misconduct or unfitness of the applicant, evidence of violations of law in- volving licensed premises, evidence that the ap- 2029 § 310.02 LEGISLAI'IVE CODE pIicant had been invoived in the operation of a nuisance, or fraud or deception in f.he Iicense ap- plication. IIenial of a license, as used in this para- graph, shall inctude a refusai of permission to transfer a License W the applicant. A Iicense is "simi2ar," within the meaning of this paragraph, if the basis upon which the revocation or detssal of the originai license was made would have been a relevant basis on which to deny or revoke a&- cense of the type subsequently applied for. (e) Re¢pplic¢tion ¢fter deni¢Z; "interest" of ap- plic¢nt in revoked license. An application by a person having an interest in, or whose shaze- holders or officers have an interest in, any prem- ises or enterprise whose Iicense has been revoked or to which a license has been denied shaIl be treated as an applicaf.ion by the person whose Ii- cense was denied or revoked. 7'he term "i�terest," as used in this para�aph, includes any pecuniary interest in the ownership, operation, management or profits of an estabiishment, but does not in- clude: bona fide loans; bona fide rental agree- ments; bona fide open accrounts or other obliga- tfbns held with or without seeurity arising out of tHe ordinary and regular course of business of selling or leasing merchandise, £ut�res or sup- pIies to such establishment; an interest in a cor- poration owning or operating a hotel but hav�ag at least one hundred fifty (150) or more rental units holding a license in conjunction therewith; or ten QO) percent or less interest in any other carporation holding a license. (� Prohibition on re¢pplication; exception. The prohibition on reappiication herein provided shall not apply in cases where it is otherwise expressiy provided by statute or ordinance. (g) W¢iting period ¢fter fcling of petition_ Any petition required to be filed with the application for any license shall not be considered as officially filed and irrevocable until seven (7) worlang days after a petition is received in the inspector's of- fice. During the seven-day waiting period, any sig- nator of any petition may withdraw his name therefrom by written request, and such request shaIl be appended to the subject petition and made a part thereof. 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 shail not be counted in determining the suf- ficiency of the petition, This subdivision shatt apply in any case where the applicant for a li- eense 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. Investigstion and review of new applieations, etc. 'I`he inspector shaIl determine the su�ciency and accuracy of each new application and obtain such criminal history information as may be used under Minnesota Statutes, Chapter 364, and is otherwise avaiiable 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 7iceased 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 will be in crompliance with all applicable ordinances and statutes. The approval of such other divisions or departments is not required for issuance of a Iicense unless otherwise required by specific sections in these chapters. All new appli- cations shall be reviewed by the zoning adminis- trator or his designee for compliance �cith all re- quirements of the Saint Paui Zoning Code, and no new Iicense shall be granted without full compli- ance with said requirements. AIl new appIica- 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 official for investigation and recrommen- dation. (Code 1956, § 510.03; Ord. No. 2736Z, § 1, 6-5•86) See. 310.04. Levels of approval; recommen- dations. (a) C1ass I licenses. Where an application for the grant, issuance, renewal or transfer of a Class I license meets all the requirements o£ Iaw, and there exists no ground for denial, revocation or suspension of, or the unposition o£conditions upon, I �.,"�` - �. - 3�,a*� _, Sapp. No.26 2030 ,-'-� - _ � �r�;w.� ��y� a �� ; • LP+<`F �_� ' such license, the director shall grant, issue, renew or transfer said license in accordance with the applieation. (b) Ciass II 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 applieation. (c) Class 1 and Cl¢ss II Zicenses, if denied by director. In the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance, renewal or transfer of the license does not meet all the re- quirements of law or that there eicist grounds for 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 procedures 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 directorshall na tify the council. A pubiic hearing shall be held on the grant, issuance or transfer of ail Class III licenses. In any case where the director recommends denial o£ the grant, issuance, renewal or transfer of a Glass III license, or where the council believes that there is evidence which might result in ac- tion adverse to the original or renewal ap- plication, the director on his or her own ini- tiative, or at the direction of the council, shall follow the procedures for notice and hearing as set forth in section 310.05. Where the application for the grant, issuance, re- newal or transfer of a Class III license meets all the requirements of law, and where there eaists no ground for adverse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renewal. The director shall in writing no- tify the council, and the affected neighbor- Supp. No. 27 LICENSES 95 $ 330.04 hood organization(s) established for citizen participation purposes, at least siaty (60) days before the expiration date of all Class III licenses. A public hearing on the renew- al of any such license shall not be held ex- cept on the request of a councilmemher, which request shall be incorporated in the £orm of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace or amend any of the prceedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists 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 Z or Class 77 dicenses. An ap- peal to the city council may be taken by any per- son aggrieved by the grant, issuanee, renewal or transfer of a Class I or Ciass II license; pmvided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after 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. Tfie appeal shall be in writing and shall set forth in particulaz the alieged errors of law. The council shall conduct a hearing on the appeal 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. 'I'he 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 directoz, 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 waiver by mnewal. 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, 419-88; C.F. No. 94500, § 1, 7-6-94) 2031 § 310.05 Sec. 310.05. Hearing procedicres. LEGISLATIVE CODE (a) Aduerse action; notice and hearing requirn- 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 upoa a Iieense, or the deniat of an appfication 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 pmvided 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 ao- tion is or will be considem3 by the council, the app&cant or &censee shall have been noti&ed in writing Ehat adverse action may be taken against the ficense or app&cation, and that he or sfie is entitled to a hearing before action is taken by tfie 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 which the adverse action may be sought or basecL The eouncil may request that such written aotice be prepared and served or mailed by the inspector or by the city attorney. (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 examiner appointed by the council or retained by contract with the ciLy for that pur- pose. The applicant or the fioensee shall be pro- vided an opportunit9 to present evidence and ar- gument as well as meet adverse testimony or evidence by reasonable cross-esamination and re- buttal evidence. The hearing esaminer may in its discretion permit other interested persons the op- portunity to present testimony or evidence or oth- erwise participate in such hearing, (c-I) Procedure; hearing examinzr. 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 muncil written findings of 6et and oonciusions of law, together with a recommendation £or adverse action. The council shall consider the evidence con- tained in the record, tlle hearing eraminp,r'S rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the heaz- ing esaminer. After receipt of the hearing esam- iner's Sndings, conclusions, and recwmmendations, the wuncil shall pmvide the applicant or licensee an opportunity to present oral or written argu- ments alleging error on the part of the esaminer in the application of the 2aw 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 esaminer's Sndings and recommendations, togeth- er with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, whieh action shall be by resolution. The wuncil may accept, reject or modify the findings, conclusions and ree- ommendations of the hearing exa*n+ner. (c-2) Ex-parte contacts. If a license matter has been scheduted for an adverse hearing, council members sfiall not discvss the Iicense matter with each other or witfi any of the parties or interested persons invotved in the matter unless such dis- cussion accurs on the record during the hearings of the matter or during the council's final deliber- ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled foz adverse hearing, convey or attempt to eonvey, orally or in writing, any information, argument or opinion about the matter, or any is- sne in the matter, to a council member or his or her staff uatil the council has taken final action on the matter; pmvided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures concerning a license matter. An interested person, for tfie purpose of this paragrapfi, shaIl mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a finaneial interestin such licensee. (d) Licensee or appticant may be represented The ficensee or appIicant may represent himseff or choose to be represented by aaother. � �- Supp. No. 27 `L�` $ f �. �� ,�"_�> �� LICENSES 95 § 310.05 (e) Record,• evidence. The hearing examiner shall receive and keep a record of such proceed- ings, including testimony and exhihits, and sha11 receive and give weight to evidence, including hearsay evidence, which possesses probative val- ue commonly accepted by reasonable and prudent persons in the canduct of their affairs. (fl Council action, resodution to conEain /'ind- ings. Where the council takes adverse action 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 pazt of the findings, con- clusions and recommendations of the hearing ex- aminer, and ineorporate the same in its resolution taking the adverse action. (g) Addition¢1 procedures where required. Where the provisions of any statute or ordinance require additional notiee or hearing procedures, sueh pmvisions shall be complied with and shall supersede inconsistent provisions of these chap- ters.l�is shall include, without limitation by rea- son of this specific re£erence, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to hear notwithstanding with- drawal or surrender of applic¢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 cvithdraw or surrender said iicense or applica- tion, if the attempted withdrawal or surrender took 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 attorney representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 27 (i) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action sha11 be prepazed 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 for 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 ail of the costs of a contested hearing before an inde- pendent hearing eacaminer. The costs of a contest- ed hearing include, but aze not limitzd to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the hear- ing, and the cost of expert 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 viotence by the licensee or employees thereof, or involved the sale of drugs hy the lic- ensee or emplayees thereof, andJor 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 welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control 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 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of fines. The council may impose a fine upon any licensee or lieense applicant as an adverse license action. A fine may be in such 2033 § 310.05 LEGISLATIVE CODE amount as the council deems reasonable and ag- pmpriate, having in mind the regulatory and en- forcement purposes embodied in the partieular 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. 1b the eatent anp other provi- sion of the I.egistative Code pmvides for the im- position of a fine, both provisions shall be read together to the estent possible; pmvided, 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, 419-88; Ord. No. 17559, §§ 2, 2, 5-17-88; Ord. No. 17659, § 1, &13-89; Ord. No. 17911, § 2, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94888, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94) Sec.3I0.06.Itevocation; suspension; ad- verse actions, imposition of con- ditions. (a) Courscil m¢y take aduerse action. The coun- ciI is authorized to take adverse action, as defined in section 310A1 above, against any or all licenses or permits, licensee or applicant for a license, as pmvided in and by these chapters. Adverse ae- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any Iawful grounds which aze com- municated to the license holder in writing prior to the hearing before the eouneiL Such actions shall be initiated and carried out in accordance with the procedures outline in section 3Z0.05; pmvid- ed, however, that the formal notice afhearing shall be used to initiste the adverse action without the use of prior procedural steps. (b) Basis for action, Sueh adverse action may be based on one (1) or more of the following rea- sons, wIueh are in addition to any other reason specifically pmvided by law or in these chapters: (1? The Hcense or permit was pracared by mis- representation of material facts, &aud, de- ceit or bad faith. (2) The applieant or one (2) acting in his or her befialf made oral or written misstatements or misrepresentations of material facts in or acxompanying the application. (3) The licease was issued in violation of any of the pmvisions of the Zoning Code, or the premises wiucfi are licensed or which are to be licensed do not comply with applicable health, housing, fire, zo nino and building eodes and regulations. (4) The Iicense or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5} The &censee or appIicant has failed to com- 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 $censee or app&cant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any aet which is a violation of, aay of the pmvisions of these chapters or of any statute, ordi- nance or regulation reasonablq related to tfie licensed activity, regazdless of whether �**>;n� charges have orhave not been brought in connection there- with; b. The licensee or appiicant has been con- victed of a erime that may disqualify said applicant firom 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 c:omply with taws reasonably related to the li- censed acEivity or from wluch an in�'er- ence of Iack of fitness or good eharacter may be drawn. (7) The activities of the licensee ia the licensed activity created or have created a serious danger to the pnblic health, safetp or wel- fare, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8} The ficensed business, or the way in wIuch such business is operated, maintains or per- � � .�.� � + Supp. No. 27 2034 �;. . � �� }�, { �' �_� � LICENSES 9 5 5 7 § 3�0.06 mits conditions that unreasona6ly annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonablp 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, inciuding, 6ut 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 &26.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; ne- glect or endangerment of a child as defined in Minnesota Statutes Section 626.557, sub- division 2; the manu£acture, distrihution, sale,gift,delivery,transportation,exchange or barter of a eontmlled substance as de- fined in Minnesota Statutes Chapter 152; the possession of a controlied substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant is not a person of the good moral chazacter or fitness required to engage in a licensed activity, 6usiness or grofession. 'I`he 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- proval 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 C1ass I licenses, or without first having ob- tained the proper huilding 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 ex parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "applicant" 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 ofthe FirstAmendment, notwith- standing the foregoing pmvisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protec�ted speech or matter shall be the basis for adverse action against the license or application. {c) Imposition of reasonable conditions andlor restrictions. When a reasonable basis is found to impose reasonable conditions andtor restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions andlor restrietions may be imposed upon such license for the purpose of pmmoting 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 promoting security and safety in neazby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but are not limited to: tl) A limitation on the hours of operation of the licensed business or establishment, or on particulaz types of activities conducted in or on said business or establishment; (2) A timitation or restriction as to the location within the licensed business or establish- ment whose [sic] 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 provide off-street pazking in excess of other requirements of law; 2034.1 § sio.os LEGISLATIVE CO➢E (5) A limitation on the manner and means of advertising tfie operation or merchandise of the licensed establishment; (4) The management practices of the licensee or applicant with respect to each of such licenses; � (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or estabIishment to ensure that the business or establishment will harmo- nize with the charaeter 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 licens- es; the inspector has the same power with respect to Class II&censes. The council may impose such conditfons on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action aa ina the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- C2IISC' 02' 12C6II525 llj/0II ISSi13IIC2� 2'@II@W3� OS transFer thereof, or upon and as part of any ad- verse action against a ficense or licenses, includ- ing suspension Conditions imposed on a Iicense or licenses shall remain on sucfi licenses wfien 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 Ciass I and II &ceases. (d) Standards for multiple Iicense determina- tion. In any case in which the wuncil is autho- rized to take adverse action against less than all of the &censes hetd by a&censee, or applied For by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the wuncil to e�st upon which the ad- verse actian would be based; (2) The policy and/or regulatory goals for the pazticulaz licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative importance to the overall busi- ness enterprise of the licensee or applicant; (5) The extent to which adverse action against less than all of the licenses or applications would resutt in di�culty in enforcing and monitoring the adverse action taken; (6) The hardslup to the licensee or applicant that would be caased by applying adverse action to all licenses or app&cations; and (7) The hazdship and/or danger to the pu6lic, or to the public health and welfare, that would result from adverse action against less than all of the ficenses or agplications. (Code 1956, § 510.06; Ord. No. 17584, § 1, &25-88; Ord. No. 17657, § 15, Cr&S9; Ord. No. 17659, § 2, 6-I3-89; Ord. No. 17901, §§ 2, 3, 1-I4-92; Ord. No. 179I7, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 42& 92; C.F No. 94-500, § 3, 7-6-94; C.F. No. 941340, § 3, 10-19-94) Sec. 310.07. Termination of lieenses; surety �10II� inc�±ranC6 COIIti"dCtS. (a) AatomaEic termirtation, reinstatement; re- sponsibility of licensee. All licenses or permits which must, by the pmvisions of these chapters or other oxdinances or laws, be accompanied by the filing and maintenance of insurance policies, de- posits, guarantees, bonds or certifications shall automatically terminate on cancellation or with- drawal of said policies, deposits, bonds or certifi- cations. No licensee may contiaue to operate or perform the licensed activitq after such termina- tion, The licensee is fiable 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, brokers, em- ployees, attorneys or any other persons as a de- fense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and &les such poli- cies, deposits, bonds or certifications within thirty (30) days, the ficense is automatically reinstated on the same terms and conditions, and for the same period as originatly issued. After thirty (30) days, the applicant must reapply for a renewal of his license as though it were an original applica- tion. s' �"' ` �.:_ �� "` : Supp. No. 27 20342 95 � LICENSES § 310.09 � �� (b) Bonds and insurance requirements: (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 6y these chapters shall be written by insurance companies au- thorized to do business in the State of Min- nesota. (2) Approved as to Form: All 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 apgraved as to form by the city attorney. (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 chapters shall be conditioned that the lic- ensee shall observe all ordinances and laws in relation to the licensed activity, busi- ness, premises or facilities and that he shall conduct all such activities or business in conformity therewith. Such bonds shall also indemnify the City of Saint Paul against all claims, judgments or suits caused by, re- sulting from or in connection with the li- censed business, premises, activity, thing, facility, occurrence or otherwise licensed un- der these chapters. (c) Termin¢tion of bonds and insurance rnquirnd by city. �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) Ezpir¢tion date to be concurmnt mith term of ticense or permiG fihe expiration date of all such policies, bonds, guarantees or certifications shall be concurrent with the espiration date of the li- cense or permit. (Code 1956, § 510.07) Supp. No. 27 Sec. 310.08. Terms of licenses; uniform 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 othexwise 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 eicpiration date of their license; provided, that the licensee has filed with the in- spector on or before the expiration date the ap- propriate license application, license fees, insur- ance and bonds. The inspector shall process 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 expire on different dates, the inspector is authorized, at the request of the licensee, to de- termine a uni£orm date for the ezcpiration of all or any number of such licenses, notwithstanding the term and expiration dates of such licenses as orig- inally issued, and notwithstanding any pmvision 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 organizations. The Legislative Code exempts 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 are stat- ed within the apglicable chapters. Such organiza- tions sha11 gay a five dollars ($5A0) 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 schedule. The council may by ordinance determine and establish one (1) fee schedule for any or all licenses and permits issued pursuant to 2034.3 § 310.09 LEGISLATIVE CODE these chapters, and a separate fee schedule for applications for such licenses and permits, wluch 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 spec:ification, both direct and ind4- rect �sts and espenses, such as salaries, wages, benefits and all personnel costs including train- ing, seminars and schooling, egpenses of investi- gations and inspections, handling of inquiries and requests for assistance, Eelephone 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 pmvisions in these chapters or in other ordinances or laws. (c) Fee for one year,• may be prorated Unless otherwise specifically provided, the license fee stat- ed is for a period of one (1) yeaz. Such fee may be prorated where a license is issued for a period of less than a year. <d) Late fee. Unless otherwise specifically pro- vided by the particuIar Iicensing pmvisions in- volved, an applicant for the renemal of a ficense who makes application for such renewal after tfie eapiration date of such license shall be charged 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 license fee for such license for each thirty--day period or portion thereof which has elapsed after the expi- ration date of such ficense. The late fee shall not exceed fil�y (50) percent of the annual &cense fee. If aay provision of these chapters iacposes more stringent or additional requix+ements for the issu- ance o£ an original license than would be the case for mere renewal, those requirements must be met when the license has lapsed by reason of espira- tion. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82; Ord. No. 17802, § 1, 1-10-91) Sec. 310.10. R.efuads of fees. (a) Refund where applieation mithdrawn or de- nied; service charge. Unless otherwise specifieally provided by the partieutaz licensing provisions in- voIved, where an app&cation for any license is withdrawn or denied, the inspector sfialI refund to the applicant the license fee submitted Iess a service chazge to recover in part the costs in- curred in proeessing the application in the amount of twenty-five (25) percent of the annual license fee. (b) Limitation on refund; otlzer cases. In aIl oth- er cases as provided in paragraph (c) the inspec- tor may refund not to esceed one hundred dollars ($lOQ.00) of fees received in cronneetion 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 iacurred up to that time in wnnection with said license, permit or apptication. The director may refund not to ex- ceed two hundred fifty doIIars ($250.00) of such fees upon a like cerEification by the inspector. The council may by resoiution authorize ail refunds upon a Iike certification by the inspector. (c) Bases for refunds. Refunds under paragraph @) may be made to the licensee or his estate: (1) Where the place of business oF the licensee or his prineipal 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 unlawfrxt for the &c- ensee to continue in the business or licensed activity other than bp revocation, suspen- sion, deniai or any �rir?�nai activity on the part of the licensee. (Code 1956, § 510.10) , �� h Supp. No. 27 2034.4 �� ,. .� ��, ��..:, a _.,, .,�" : `� LIC£NSES Sec. 310.11. Transfers; general. (a) License a prioilege, not property. Ai1 licen- ses or permits issued by the City of Saint Paul pursuant to thess 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 transferable; conditions. All licen- ses issued by the City of Saint Paul shall be trans- ferable un]ess 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 III license issued by the City 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 council's committee designated to hear 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) Transfer tar. In all cases of transfer of a license from a present licensee to any other per- son, there shall be a tax on said transfer in the amount of twenty-£ve (25) percent of the annual license fee charged for said license, said tax 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 pazagraph (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 dettied, the amount deposited shall be returned to the party depositing the same, in accordance with the requirements and conditions in Section 310.10. (e) Transfer ta,;• exception, Paragraphs (c) 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 95 -10�7g3�o.�� is provided for on the part of the transferee before any transfer of license is made efi'ective by the action of approving the transfer. (fl Transfer,• definition. "�ansfer," as used in these chapters, shall include a transfer fram per- son to person, or from place to place, or a transfer of stock Sn a corporate licensee, or of shares or interests in a partnership or other legal entity. "'I�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 accompany appli- cation In the case of a tzansfer from person to person, the application for transfer shall be ac- companied by a written assignment of all rights of the origina] licensee in and to the license and shall be accompanied by a surety bond in amount and in form required of an original licensee. (h) Pubtic 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) A�d¢uit of transferor. 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-affiant has posted notice to all employees in a conspicuous place on the licensed premises notifying all 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 (14) days; (3) That transferor has paid all wages due and owing the persons empioyed by the trans- feror or that an agreement has been reached 2035 § 310.11 LEGISLATIVE CODE between transferor and all employees as to the payment of wages due and owing; (4) That f,ransferor 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 eazned; (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 Zicensee 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 of this 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 chapfzrs and existing Iaw. (k) No approval under cerfain 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-shazing or holiday pay pro- grams; provided, that any person or organization objecting to a transfer because of failzxre to pay employee beneft or fringe bene£t programs shall file a written notice of objection w-ith the iicense inspector seven (7) days prior to the scheduIed public hearing on the transfer, and said notice shall contain a complete itemization of the objec- tor's claim. (I) Transfer of more than one license ij one is Class III. 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. Supp, No. 4 (Code 1956, § 510.11; Ord. No.16822, 9-3-81; Ord. No. 17551, § 3, 4-19-88) Sec. 3I0.12. Inspection of premises. T'he 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 shaIl 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 weIl as the inspector. (Code 1956, § 510.12) Sec. 310.13. Renewai. Every license renewal under these chapters may be denied for any licensee who is delinquent in any payment or contributian to a health and wet- faze trust or pension trust, or similar program, established for the benefit of his employees. (Code 1956, § 510.13) Sec. 31014. Savings clause. (a) If any provision in these chapters is heId unconstitutional or invalid by a court of compe- tent jurisdiction, the invalidity shall extend only to the provision involved and the remainder of these chapters shall remain in force and effect to be construed as a whole. (b) The repeal of any ordinance by ihis 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 t�xe repealed ordi- nances,were fuily in effect. A suit, proeeeding 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 2036 =�` 95 � �., � �� N' ; �� LICENSES pursuant to and under the provisions of such re- pealed ordinances as though they continued to be in fulI force and effect. (Code 1956, § 51014) 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 individuai partners or members of any partnership or corporation, and as to corporations, the officers, agents or members thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sea 310.16. Reserved. Editor's aote--.Sectioa 310.16, pertaiaing to license fees and aanual iacreases, aad derived from Oxd. No. 16885, adopb ed Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted ATw. 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any cierk, 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 parking lot or other azea 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 heid by such licensee. To the eactent this section is in conflict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shali not other- wise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-31-89) 5upp. No. 28 Sec. 310.18. License fee schedule. § 310.18 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 o�ce of the director of 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 Chapter/SeCtion No. Lzcense Description Fee 167 Commercial Vehicle $66.00 316 Animal Foods Management & Dis- tribution 66.00 317 Amusement Rides 66.00 323 Christmas Ttee Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaaing Pickup Station 66.00 331 Beverage Vehicle 66.00 332 Liquid Fuel Vehic]e ' 66.00 333 Solid Fuel Vehicle 66.00 336 Private Fvel Pump 66.00 339 Ice Cream Vehicle 66.00 340 Mercantile Broker 66.00 345 Peddler (SolicitodTYansieat) 66.OU 348 Rental of Clothing & Vehicle 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospital Equipmeat 66.00 350.02 Rental of Hospital Equipment Ve- hicle 66.00 351 Rental of Kitchenwaze 66.00 353 Roller ffinks 66.00 355.01 Secondhand Dealer- (a) & (b) Single Locatiou 66.00 2037 § 310.15 ChapterlSection No. 357.03 359 371 361.14 362 372 37616(d) 377 380 382 412 414 424.02 License DeuripYion Refuse HaulerEach Vehicle Over Oae Sound 1]�ucks & Bmadcast Vehi- cIes Fiaishing Shop 1bm 1}uck/Wrecker Vehicle 1?ee 1YimmerAdditional Vehicle 75ze Recapping Plant Tafficab Driver (new) Lawn Fertilizer & Pesticide Ap- plication Taaning Faciliry Pet Grooming Massage Center (Class B) Massage Therapist Gasoline FiIIing Stations (b) ENFORCEMENT LEVEL 2 Chapter/Section Na.� LicenseDescripiion 32U 321.03 322:03 ca� � cn� 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 4I5.04 416 426.04 Bituminous Contractor Rooming & Boazdinghouse Bowliag Center 8s PooI Ha1Is Cigarettes Building Contracto� I,aundry & Dry Cleaning Plaats F�el Dealers-Liquid Ft�el Dealers-fiolid pest Control House Sewer Contractors Oil Bulk Storage Pet Shop Reatal of 1Yailers Sanitary Diaposat Business Secondhand Deater-FshibiLions Sidewalk Caatractozs 1Yee 1Yima�ing Veterinary Cliaic Window Cleaning Tattoo Pazlors Bed & Breakfast Residence Lock Opening Services Motorcycle Dealer Dance Hall Game Rnom Recycling Collection Ceater Massage Center (Ciass A) Theaters and Movie Theaters Motion PiMure Drive-in Theater Caharet (Class A & B) LEGISLATIVE CODE (c} ENFORCEMENT LEVEL 3 Fee 66.00 66.00 66.OQ 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66,00 Chapter/Section No. License DescripEion 354 355.01(d) 357.03 360.03 360.03 361.14 376.04 401.02(a)(D 40SA2(a) 402.02(aX5) 401.02(a)(2) 407.03 407.03 412 413 415 Fee 417.04 (1}-t6) $164.00 422 164.00 423A2(b) 421 Sanitary Dispusa] Vehicle Secondhand DealeaMultiple Deal- ers Refuse Hauler & Vehicle Public Swimming Pools Whirlpools 1bw 1Yvck Operator 1�aucahs New Motor Vehicle Dealer Motor Vetucte Pazts Dealer Secoadhaad Dealer Motor Vehicle Parts Secondhand Motor Vehicle Dealer HoteUMotel-1b 50 rooms Hote1-Each additional room wer 50 Massage Center (Class C) Conversation/Rap Parlor (A & B) Mini-Motion Picture Theater- Adult Paz�ag Lots ir�a.00 164.00 164.00 164.00 is4.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 is4.00 164.00 164.00 164.00 164.00 I64.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 428 Motor Velvcle Salvage Dealer Auto Body Repaiz Guage Health Sports Clubs (Class A & B) sc�� ro�sac� xo� ca s� $> (d) ENFORCEMENT LEVEL 4 Chapter/Section No. License Descri.ptiorz 331.04 331.04 331.04 331.04 331.04 331.04 331.04 331,04 331.04 331.04 Bakery fA) Bakery B�Add oa Butcher (tU Butcher B)-�1dd oa cac�g cn�-t�r�a Catezing ($)-Ftiill Catering (C)-Add on Day Care Foad W Day Care Food B) Food Pmcessot/Distributor/Waze- house Food Salvage Foad Velucle U� Food Vehicie B) Food l�ending Machine Food Vending Operetor Food Warehouse/Distributor FoodBoarding Faci]ity Food/Institutionat Facility Grocery (eV Grocery (B) Grocery (C)-To 2,000 sq, ft. Fee $317.00 317.00 317.00 327.Q0 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317_00 317.00 31T.00 317.00 317.00 Fee $135.00 69.00 135.00 55.00 zoi.00 252.00 180.00 5.00 ' 5.0� 135.00 150.00 67.00 fi0.00 15.00 60.00 fi7.00 135.00 5.00 5.00 83.00 150.00 1 � ", Supp. No. 28 2�38 95 �-_. '� } ��,-��x:+. �� ChapterlSecti.oa No. Licerzse Descripzion 331.04 331.04 331.04 331.04 339 Grocery (D)-More thsn 2,000 sq. ft. Mobile Food Mobile Food-Limited Qriginal Container Restaurant (A?-Q-12 seats Restaurant B)-More than 12 seats Restaurant (C)-Limited Resiaurant (D3-Add on Restaurant (E)-Exteasion SpeciaJ Event Food Sales-l-3 days Special Event Food Sales-4-14 days Special Event Food Sales•Annua] Special Event Food Sales-Fee Waived Ice Cream Products, Process & Distribution (e) ENFORCEMENT LEVEL 5 Chapter/Section No. License Pescription 409 409.05(b)(D 409.O5ib)(2) 409.05(b)(3) 40925(b) 409 409.05(e) 409.07(bX2) 40911(a)(8) 409.15(b) 409.25 410.02 410.02 410.02 410.10(a) 411.03 411.03 411.03 411.03 Into�cating Liquor On-Sale-Over 200 seats On-Sale-Over 100 seats On-Sale-100 seats or less Temporary Liquor On-sale Club-Under 200 mem- bers On-sale Club-201-500 membexs On-sa]e CIu1�501-1,000 mem- bers On-sale Clutr-1,001-2,000 mem- ne:s On-sa]e Club-2,001--4,000 mem- bers On-saie Club-h,001-6,000 mem- bers On-sale Club--6,000+ members Off-Sale Sunday On-Sale Extension of Service Wine On-Sale Temporary �ne On-Sale Malt (Strong) On-Sale Malt B21 Off-Sale Malt Temporary Malt Entertainmen�C]ass A Entertainmentr-Class B Entertainment--Class C Entertainment Temporary Supp. Na. 28 LICENSES § 310.19 (fl ENFORCEMENT LEVEL 6 Fee ChapteriSect'wn Zdo. License Description Fee 159.00 135.00 50.00 41.00 201.00 405.00 60.00 305.00 50.00 92.00 119.00 146.00 5.00 172.00 Fee $5,050.00 4,650.00 4,200.00 46.00 297.00 497.00 647.00 �szoo 997.00 1,997.00 2,997.00 1,000.00 200.00 53.00 1,385.00 46.00 445.00 aas.0o 89.00 4s.00 217.00 52�.00 2,500.00 27.00 127 Courtesy Benches 3 20.00 167 Commercial Vehicle--Replace- ment 18.00 225.08 Firearms 44.OD 276 Gambling Flall 35A.00 318 MAD Operator with up to 10 583.00 Each MAD over 10 42.00 Music Machine 44.00 Amusement Rides tq 1� 3�1.0� Amusement Ride over 10 28.00 T.V. Units per ]ocatioa 25.00 341 Single Service Container 445.00 344 Pawn Shops 2,500.OQ 345 1Yaasient Merchant 65.00 376.16 Taxicab Driver Renewal 21.00 Taxicab Driver Duplicate 6.00 Ta�cab Duplicate Plate 16.00 Taxicab Vehicle Replacement 44.00 391 Soliciting Funds-Tag Days 21.00 401 Secondhand Dealer Motor Vehicle Parts-second location 87.00 402 Trmporary Gambling B types) 21.00 403 Biago Halls 179.00 40924(1) Gambling Manager 66.00 409.05(j) Gambling Locatioa-A 66.00 409.05(j) Gambling Location-B 66.00 409.05(j) Gambling Location--C 66.00 409.04(gX5} Modificatioa of Pazkiag 375.00 357.03 Solid Waste 1Yansfer Statioa 1,500.00 408 Recycliag Processing Ceater 750.00 414 MassageTherapy-PracticalExam- ination Fee 50.00 414 Massage Therapy-Written Exam- inatioa Fee 20.00 A29 Infectious Waste Prceessing 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, § 1, 3-16-94; C.F. No. 941447, § 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 guide; compil¢tion of lacus. The licensee shail maintain on the prem- 2039 § 310.19 LEGISLATIVE CODE 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 Minnesota Rules and Chap- ter 340A of the Minnesota Statutes. This compilation must aIso include Cfiapters 240 through 246, 409 and 420 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 reIating to driving under the infiuence 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 area in which the writing an the sign behind the bar is not clearlp tegible. The sign(s) must fiave 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 firom a distance of fifteen (15) feet. (3) Contract with security agency. a. Gener¢Zly. The ficensee shaII partici- pate in a training program with an ap- proved private security agency, &rm or association (hereafter "security agen- cy�') 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 G� c. vestigative services, and (ii) that the security agency shall chazge the same amount to all licensees who choose to receive such services, so that all such licensees are treated equal2y and with- out discrimination. Investigation, The contract with the eity shall provide for and require one (1) or more investigations by the security agency each calendar yeaz into the prac- tices of the Iicensee 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 aze obviously intofficated. The contract shall require that the security agency disclose the results of all such iavesti- gations to both the licensee and, at no crost to the city, to the office of &cense, inspections and environmental protec- tion, with2n 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. �¢ining. The contract shall also pm- vide for alcohol awazeness training by the security agency of all o�cers, 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 calendaz 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. c "`-`s; r£ 95 � ��; s,� .-*,� a LICENSES § 311.02 d. St¢ndards for ¢pprou¢l. 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 awareness 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) Pertinent laws 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 effect of alcohol on hu- mans and the physiology of al- coholintnxication. (d) Recognition of the signs of in- toxication. (e) Strategies for intervention to prevent intoxicated persons from consuming further alco- hol. (fl 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 alcohoi on pregnant women and their fetuses, and in other wlnerable situations. 2. The security agency shall have a minimum of two (2) years actual experience in alcohol awareness training, 'I`he courses may be giv- en by one (1) or more instructors, but each instructor must have a formal education ancUor training in each area they teach. The courses may be supplemented by audio- visual instruction. 3. The security agency shall have suf- ficient personnel 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 doilars ($4,7�o.00); on-sale liquor over one hundred (1�0) seats: four thou- sand three hundred twenty-five dollazs ($4,325.00); and on-sale liquor up to one hundred (1�0) seats: three thousand nine hundred dollars ($3,90�.00). (C.E No. 941447, § 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 Paul 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, ail the property, whether in or out of a building or structure, which is (a) used for 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 chapter, 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, egecutive and manager o£ such corporation, partnership or other entity. (C.R 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 § 311.02 LEGISLATIVE CODE activity. Failure to comply with the terms and re- quirements of this chapter shall be grounds for adverse action. (C.E No. 95-64, § 1, 2-8-95) Sec. 311.03. Designation of problem tele- phones. The director of the oflice of license, inspections and environmental pmtection may by written or der designate one (1) or more p¢blic telephones 2ocated on the licensed premises of any licensee as a pmblem telepfione. Such designation shall be based upon evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct oftheir affairs, which shows that one (1) or more of the following conditions e�st; (a) The telephone is regularly or frequently used to further the distribution of controlled substances, prostitution or other criminal activity. (b) The unrestricted use of the telephone (i) contributes to loitering or congregation in the azea or disturbs tfie peace, quiet or per- sonal safety of other persons in the azea, or (ii) contributes to the eacistence of a nui- sance as defined in section 3I0.17(c) of the Saint Paul LegisIative Code. (c) The telephone is detrimental to the public safety. (d} �e telephone unreasonably interferes with the flow of pedestrians or vehieulaz traffic. (e) The telephone unreasonably interferes with the use of crosswaiks, tra�c signs or sig- nals, hydrants or mailboxes. (fl The telephone unreasonably interferes with ingress or egress from any residence or place af business. (g) The telephone is deemed by the traffic en- gineer to be a safety concern or hazazd: (h) The telephone is considered excessive giv- en the number of other public telephones in the area and that the aggregate number of public phones contribute directly to any con- ditions listed in subsections (a) through (g} above. (C.F. No. 95-64, § 1, 2-5-95) Sec. 311.04. Procedure for designation of a problem phone. (a) Before issuing an order designating a prob- lem telephone under section 311.03, the director or his/her designee shalI conduct an informai hear- ing to determine whether a particular telephone is a pmblem teIephone and, if so, what measures can be taken to correct the condition. The infor- mal hearing shall be preceded by at least ten (10) days' written notice to the licensee and the owner of the public telephone at the address indicated on the subject telephone, describing the time, place and subject matter of the hearing. The director or his/her designee may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. (b) Upon a&nding of fact that the particular telephone is a problem telephone, the director oz his/her designee may issue an order, which shall be in writing and addressed to the owner of the telephone and to the licensee, to take and keep in force one (1) or more of the following remedial measures inclading, but not limited to, the follow- ing. (1) Modifications to the public telephone through use of effisting technology to pre- vent persons firom using the telephone to facilitate criminal activity. (2) Insta72ation of a lockup telephone in place of the e�sting telephone, or of devices that effectively prevent the use of the telephone egcept under the snpervision of the &cens- ee or law enforcement authorities. (3) Modifications to the telephone to prohibit the reception of all incoming calls, (4) Mwement of the te2ephone to a different location on the licensed premises. (5) Modifications to the telephone through the use o£ effisting technology to prevent its use for calls to pagers and/or cellular telephone numbers. (6) Modifications to the tetephone to prevent its use hy payment in coins, and/or restric- tions on the provision of coins suitable for use in the tetephone by the licensed busi- ness and its employees, manager and own- er. �_` Supp. No. 29 `L�4�.`L � § 322.03 Sec. 322.03. Hours of operation; cause for re- vocation. The keeper of any such pool or billiazd room shall not allow the sazne to be kept open or used by any person later than 12:Q0 of any night and the same shall thereafter remain closed unti17:00 each morning. There shail be no limit on the hours of operation for bowling centers. Any bowling center that has an on•sale intoxicating liquor li- cense or on-sale nonintoxicating malt liquor li- cense must, during the hours of prohibited sale of such liquors as set forth in section 409.07 of the Saint Paul Legislative Code, cover ali liquor and liquor dispensing devices and must secure them from public �dew and accessibility by a locldng device. Any violation of this requirement as well as any disorderly or improper conduct on the prem- ises shall be sufficient ground for revocation of such license by the cAUncil of tbe City of Saint Paul. (Code 1956, § 406.04; Ord. No. 17557, § 1, 5-10•88) Chapter 323. Christmas �ee Sales Sec. 323.01. License requaed No person shall, in Saint Paul, trade, harter or sell any cut evergreen, fir, spruce or other tree of like kind for what is generally known and de- scribed as a Christmas tree without a license. This chapter shall not apply to the use of ornamental trees having a height of less than thirty-six (36) inches which aze fireproofed and sprayed with col- oring and sold by licensed florists. (Code 1956, § 361.01) Sec. 323.02. Fee. The fee required is forEy-two dollars ($42.00) and shall not be prorated for a period of less than one (1? year, notwithstanding any otber provision of these chapters. (Code 1956, § 36i.03; Ord. No. 16883, 2-11-82) Sec. 323.D3. Application. (a? Every applicant for such license shall file an application stating, in addition to other re� quired information, his name, address and the ad- dress of the piace ofintended sale of such trees, LEGISLATIVE CODE 95 together with the name of the person from whom and the place from which he inf,ends to cut or secure the trees intended to be sold. (b) All applications for licenses, in each and every caiendar year, shall be filed prior to No- vember 1 of said year, and no applications re- ceived on or after November 1 in any given yeaz shall be accepted. Sec. 323.04. Removal of Christmas trees. On or before the fifteenth day following Christmas, all cut evergreen, fu, spruce or other trees of like kind for what aze known and de- scribed as Christmas trees shail be removed from the lot or premises used by the licensee hereunder for the sale, trade or barter of such trees. Such trees shall be removed at such time to a proper and suitable place intended and allowed under the law for the disposal of refuse. (Code 1956, § 361.04) Chapter 324. Tobacco Sec. 324.01. License required. (a) No person shall sell or offer for sale at retail within the City of Saint Paul any tobacco, or in any manner represent or hold himself or herself out as one who sells or offers for sale at retail any tobacco, or maintain a tobacco vending machine for the sale of tobacco without a license. (b) A tobacco vending machine may be located in a public accommodation, provided that: Q) All tobacco vending machines shall be op- erable only by the aetivation of an elec- tronic switch operated by an employee of the establishment before each sale, or by insertion of a token provided to the pur- chaser by an employee of the licensee; and (2) 'The machine shall be located in the imme- diate vicinity, pIain view and control of a responsible employee so that all tobacco pur- chases will be readily observable by that employee. The tobacco vending machine shall not be located in a coatroom, restroom, unmonitored hallway, outer waiting area or similar unmonitored azeas. The tobacco Supp. No. 26 20462 # �� LICENSES 95 § 324.07 vending machine shall be inaccessible to the public when the establishment is closed. (c) Any license issued pursuant to this chapter shall be issued to the person, firm or corQoration that operates the principal business at that ad- dress. Each vending machine shall be required to have a separate license. (Code 1956, § 366.02; Ord. ?�Ta. 17714, § 1, 2-20-90; C.F. No. 94-341, § 1, 4-13-94) Sec. 324.02. License for each location or vending machine. A license shall pemzit the licensee to sell to- bacco at retail at the one (1) location specified in said license, and a sepazate license shall be re- quired £or each location or tobacco vending ma- chine. (Code 1956, § 366.05; C.F. No. 94-341, § 2, 4-13-94) Sec. 324.03. Definitions. The folIowing words and phrases, as used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this sectian, except in those cases where the conte�ct cleazly indicates a different meaning. (1) Cigarette paper and cigarette wr¢pper means and includes any paper or other substance or materials, except tobacco, used as a wrapper or cover for a cigarette, as herein defined. (2) Sale means and includes any transfer, con- ditional or otherwise, of title or possession. (3) S¢le at ret¢il means and includes all sales except those where the merchandise is sold for the purpose of resale by a person prin- cipaliy engaged in selling mercbandise for resale. (4) Tobacco means cigarettes, cigazs, snufF, chewing tobacco, dipping tobacco, or any other lrind or form of tobacco prepared in such a manner as to be suitable for chewing or smoking. (�l Tobocco aending machine means a machine for vending tobacco by the insertion of a coin. (Code 1956, § 336.61; C.F. No. 94-341, § 3, 4-13-94) Supp. No. 26 Sec. 324,04. Fee and duration. The annual license fee for each location of sale or each tobacco vending machine shall be estab- lished by ordinance as specified in section 310.09(b) of the Legislative Code. The license shall expire on March 31st of each calendar yeaz. The annual license fee shall not be prorated for licenses in force less than a full year. (Code 1956, § 336.03; Ord. IrTO. 17386, § 1, 8-19•86; C.F. No. 92-1930, § 1, 1-14-93; C.F. I��o. 94-341, § 4, 4•13-94) Sec. 324.�5. Application. In addition to any other information required by the director, the applicant shall state the true name of the applicant, the name under which he or she shall conduct his or her business, whether such business is that of an individual, sole trader, firm, partnership, or corporation, and the address where such business is to be conducted. Any person applying for more than one (1) license shall file with the o�ce of license, inspections and environ- mental protection (LIEP) a list of all locations of sale andJor the location of each vending machine for which license applications are being filed. Any change in the location of the place or sale shall be reported to the director within five (5) days of said change. (Code 1956, § 336.04; C.F. I�TO. 94-341, § 5, 4•13-94) Sec. 324.06. License to be displayed. The license shall be displayed by the licensee in a prominent and conspicuous place at the location of the tobacco vending machine to be licensed. In the case of a tobacco vending machine, the oper- ator shall also affix his or her name, address and telephone number in a conspicuous place on each machine. {�de 1956, § 336.06; C.F. No. 94-341, § 6, 4-13-94) Sec. 324.07. Sales prohibited. �o person shall sell or dispense cigarette paper or cigazette wrappers from a vending machine or a motor vehicle. I�TO person shall seli or dispense tobacco from a motor vehicle. No person shall ac- tivate the remote control or provide tokens for a tobacco vending machine or sell tobacco to anyone under the age of eighteen (18). Any violation oF 2046.3 � § 324.07 LEGISLATIVE CODE this chapter shali subject the licensee to provi- sions of section 3i0 and section 324.10 of the Saint Paul Legislative Code. (Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; C.F. I`TO. 94•341, § 7, 4•13-94) Sec. 324.QS. Distribution of free tohacco groducts prahibited. No person in the business of selling or pro- moting tobacco products or agent or employee of such person shall distribute tobacco products free to any person on the sidewalks, pedestrian con- courses, pedestrian malls or pedestrian skyway systems within the City of Saint Paul. (Code 1956, § 336.08; Ord. No. 17714, § 1 2-20-90; C.F. 92-1930, § 2, 1-14-93; C.F. ?�TO. 94-341, § 8, 4-13-94) Sec. 324.09. Use of false identification by mi- nors prohibited. No person under the age of eighteen (18) years shall purchase tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(h), using a driver's license, a Minnesota identification card, or other form of identification which is false, fic- titious, altered or counterfeited as to age or any other material fact of identification. (Ord. No. 17733, § 1, 5•&90; C.F. No. 94-341, § 9, 4•13•94) Sec. 324.10. Use of tobacco prohibited. No person under the age of eighteen (18) yeazs shall purchase, use or possess tobacco or tobacco- related devices, as those terms are defined by Min- nesota Statutes, Section 609.685,subdivisions 1(a) and 1(b). (Ord. No. 17733, § 2, 5-8-90; C.F_ No. 94-341, § I0, 4-13-94) Sec. 324.11. Presumptive penalties. (a) Purpose. The purgose of this section is to establish a standard by which the city councii de- termines the amount of fines, length of license saspensions and the propriety of re�ocations. These penalties are presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case where the council 95-1057 finds and determines that there exist substantial and compelling reasons whicb make it appropriate to do so. When deviating from tbese standazds, the council shall provide written reasons that specify why the penalty selected was more appro- priate. (b) Presumptive penalties for uiolations. Adverse penalties for violations or convictions shall be pre- sumed as follows: Type of Volation Appeor¢nce Ist 2nd 3rd 4tfi (1) Sale of 5200.00 $400.00 30-day Revo- tobacco to a fine fine sus• cation minor pension (Ord. IrTo. 17733, § 3, 5-8•90; C.F. No. 94-341, § 11, 4-13-94) Chapter 325. Close-Out Sales Sec. 325.01. License required; exemptions. IvTO person shall advertise, represent or hold out that any sa3e of goods, wares or merchandise is an insurance, bankrupt, mortgage, insolvent, assign- ee's, executor's, administrator's, receiver's, trust- ee's, removal or closing out sale or sale of goods, wares, or merchandise damaged by fire, smoke, water or otherwise in Saint Paul without a li- cense to conduct such sale. This shall not apply to sheri£fs, constables or other public ar court of- ficers, or to any other person or persons acting under the license, direction or authority of any court, state or federal, sellinggoods, wares or mer- cha�dise in the course of their official duties. (Code 1956, §§ 368.01, 368.09) � See. 325.02. Fee. The fee required is one hundred six dollars ($lO6.OQJ. (Code 1956, § 368.02; Ord. No. 16883, 2-11-82} Sec. 325.03. Application. Anyone desiring to obtain such a license shall make application therefor to the inspector, which application shall be in writing and under oath, � �� Supp. No. 26 2046.4 -,-�- 95 609.684 CRIr[INAL CODE 196 supervision of a medical doctor. A person is guilty of a misdemeanor who intentionally aids another in violation of this subdivision. Subd. 4. Notice required. (a) A business establishment that offers for sale at retail any toxic substance must display a conspicuous sign that contains the following, or sub- stantially similar, language: "NOTICE It is unlawful for a person to seli glue, cement, or aerosol paint containing intoxicating substances, to a person under 18 years of age, except as provided by law. This offense is a misdemeanor. It is also a misdemeanor for a person to use or possess glue, cement, aerosol paint, with the intent of inducing intoxication, excitement, or stupefaction of the central nervous system. This use can be harmful or fatal.^ (b) A business establishment may omit from the required notice references to any toxic substance that is not offered for sale by that business establishment. (c) A business establishment that does not sell any toxic substaace listed in subdi- vision 1 other than butane or butane lighters shall post a sign stating that it is illega] to sell butane or butane lighters to anyone under the age of 18. This sign shall fulfill the requirements under this subdivision. History: l992 c 485 s 2 609.685 SALE OF TOBACCO TO CHILDRElY. Subdivision 1. DefiniNons. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section. (a) `Tobacco" means cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clip- pings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, pre- pared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. (b) "Tobacco related devices" means cigarette papers or pipes for smoking. Subd. 1 a. Gross misdemeanor. (a) Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. Subd. 2. Misdemeanor. Whoever furnishes tobacco or tobacco-related devices to a person under the age of 18 years is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of t 8 years is guIlty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivisions 1 to 3. Subd. 5. Exception. Notwithstanding subdivision 2, an Indian may fumish tobacco to an Indian under the age of 18 years if the tobacco is fumished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as defined in section 257.351, subdivision 9. History: 1963 c 753 art l s 609.685; 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 29Q art 3 s 33,34; 1992 c 588 s 1; 1993 c 224 an 9 s 44,45; 1994 c 636 art 2 s 44