95-1058ORIGI�AL
Presented Ey
Referred To
RESOLUTION
GITY OF SA(NT PAUL, Ml
council File # �S — ��5�
Green Sheet # 33447
0
RESOLVED, that a fine in the amount of $40o.00 be imposed against the licensee,
Janice Bias, dba Pyramid Market, 600 Selby Avenue, St. Paul, Minnesota 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 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 ALT is hereby adopted.
This resolution is based upon the record of the proceedings before the ALJ, includang
the hearing on 7une 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, sha11 be sent by first class mail to the
Administrative Law Judge and to Janice Bias.
�
Requested by Department o£;
sy:
Apps
By:
By:
Form Approv d by City Attorney
By: � Y Q/
Approved by Mayor for Submission to
Council
�
Adopted by Council: Date (p ` q,�
�
Adoption Certified by Council Secretary
g,5 - 1oSg
OEPARTMENT/OFFICE/COUNCIL DATE INITIATED '�} � 3 3 4 4 7
City Council GREEN SHEE _ _ _ __ -
CONTAGT PERSON & PHONE INITIAUDATE TI A
O DEPARiMENT DIRECTOR � CITY COUNCIL ..
Nancy Anderson Au� OCT'ATfORNEY �GTYCLEFK
MUST BE ON COUNCIL AGEN�A BY (DATE) pQ� � BUDGET DIREC70A Q F{N. & MGi SEAVI � 5 DIR.
September 6, 1995 OADEB QMAYOR(ORASSISTAI(T) 0
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) .
ACTION RE�UESiED:
Finalizing City Council action taken on August 23, 1995, concerning adverse action against
licenses held by Janice Bias, dba Pyramid Market, 600 Selby Avenue
RECOMMENDA710N5� Approve (A) or Rel� (R� PERSONAL SEqVICE CONTRACiS MUS7 ANSWEA THE FOLLOWING �UESTIONS:
_ PLANNINCa COMMISSION ___ CIVIL SERVICE GOMMISSION 1• Has this personRirm ever worked under a coMrect for this departmerit? -
_ CIB COMMITTEE _ YES PIO
_ 57AFF 2. Has Nis Personlfirm ever been a ciry emptoyee?
— YES NO
, oisTqlCT cOURi _. 3. Does ihis personttirm possess a skill not normally possessetl by any current city employee?
SUPPORTS WHICN COUNCIL O&IECTIVE� YES NO
Explafn all yes answers on separate sheet entl attaeh to green aheet
INITIATMCa PftOBLEM, ISSUE, OPPpRTUNIN (Wtw, What, When, Where, Why):
RF�
ADVANTAGES IF APPROVE�: /� �
i `7 � �vV
J B �kFY
DISAOVANTAGES IFAPPROVED.
3A :�Y i :
r�UG 2 4 19�5
DISADVANTAGES IF NOTAPPAWED:
TOTAI AMOUNT OF 7RANSAC710N $ COST/REVENUE BUOGE7ED (CIRCLE ONE) YES NO
FUNDIWG SOUNCE ACTIVITV NUMBEH
FINANCIAL INFORMATION: (EXPLAIN)
August 16, 1985
STATE OF MII�NESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square. Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 5540�-2138
RECEIVE�
AUG 181995
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, MN 55102
CITY CLERK
Re: In the Matter of the Licenses of Janice L. Bias, d/b/a Pyramid's
Market, 600 Selby Avenue, St. Paul, MN;
OAH Docket No. 80-2101-9761-3
Dear Mr. Owusu:
95-�.���
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
wouid fike a copy of those tapes, please contact our office in writing or telephone 341-
7642. Our file in this matter is now being closed.
Very truly yours,
, -
�
a ,
' �il�t%�" 7 �� , ,��"� d?r-�%�
i
Nanc�M. Thomas
Docket Clerk
Tefephone: 612/341-7615
NT
Enc.
Providing Impartal Heanngs for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section & Adminlstrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fau No (612) 349-2665
95��a�s
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
grepaid, 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
40� City Hall
15 West Rellogg Blvd.
Saint Paul, MN 55102
Ms. Janice L. Bias
Pyramid's Market
600 Selby Avenue
Saint Paul, Minnesota 55102
_
C
it A. McConnell
Subscribed nd sworn�to
bef re�/ is "fs day of July, 1995.
Notary Public
� STEVdY F. fNATTAiNI
�M ��•�TA
AbCmnn�ssan COUNTY
�h+�.Sf,2o0o
OFFICE OF THE CITY ATTORNEY
TuxoUry E. MarX Ciry Aaomey
CITY OF SAINT PAUL
Norm Coleman, Mayor "�. � .: -. . - '_ .
Y' -
��:r._� t. t�.. .. .
August 9 , 1995 � -- `_`_y ' -
Janice L. Bias
Pyramid's Market
600 Selby Avenue
Saint Paul, Minnesota 55102
Civi! Division
400 Ciry Ha1! Telephone: 612 266-871 D
15 Wen Kellogg Blvd Facsimite: 672 298-5619
Soint Paul, Mv�nesota 55102
� -95
NOTICE OF COLTNCIL HEARING
RE: Licenses held by Janice L
located at 600 Selby Avenue,
Our Fil� Numbar: G°5-G154
Dear Ms. Bias:
Bias d/b/a Pyramid's Market,
Saint Paul
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., Aednesday, August
23, 1495, in the City Council Chambers, Third Floor, Saint Paul
City Hall and Ramsey County Courthouse.
You have the opportunity to file exceptions to the report with the
City Clerk at any time during normal business hours. You may also
present oral or written arqument to the council at the Hearing. No
new evidence will be received or testimony taken at this hearing.
The Council will base its decision on the record of the proceedings
before the Administrative Law Judge and on the arguments made and
exceptions filed, but may depart from the recommendations of such
Judge as permitted by law in the exercise of its judgement and
discretion.
Sincerely,
�� �
Gail L. La gfield
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Frank Staffenson, Deputy Director, LTEP
Nancy Thomas, o£fice of Administrative Hearings, 100
Washington Square, Mpls, MN 55401
Anna Petefish, Community Organizer, Summit-University Planninq
Council, 627 Selby Ave., St. Paul, MN 55104
95�1058
80-2101-9761-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FQR TAE CITY OF SAINT PAUL
In re the Licenses
held by Janice L. Bias
dba Pyramid Market
600 Selby Avenue, Saint
Paul, Minnesota
FINDII3GS OF FACT
CQNCLUSIONS �F LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before
Administrative Law Judge Rita A. McConnell on June 30, 1995
at 9:30 a.m., in Room 42, Saint Paul City Hall and Ramsey
County Courthouse, 25 West Rellogg 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).
Steven O. Bowie appeared on behalf of his mother,
licensee Janice L. Bias.
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 of 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.
9 �'i��8
STATEMENT OF ISSUES
1} Should adverse action should be taken against the
licenses held by Janice L. Bias, d/b/a Pyramid's Market, 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 make5 the following:
FINDINGS OF FACT
1. The licensee in this case is Janice L. Bias who
holds three licenses for Pyramid's Market, 600 Selby Avenue
in Saint Paul. One of those licenses permits her to sell
cigarettes. City Exhibit 3.
2. Cigarette licensees are prohibited by state statute
and by the Saint Paul Legislative Code from selling to
individuals under the age of 18. The Office of Licenses,
Inspections and Environmental Protection (LIEP) is charged
with ensuring licensee compliance with this requirement.
When LIEP learns that a licensee may be selling cigarettes
to minors, it conducts a compliance check of that licensee
by sendinq an underage decoy into the store to attempt to
buy cigarettes.
3. On or about December 28, 1994, Pyramid Market sold
ciqarettes to a minor during a compliance check. A letter
informing the licensee of the procedure to be followed in
assessing a fine for the violation was sent on January 6,
1995. Because Ms. Bias did not dispute the violation, the
�
95-1058
matter went directly before the City Council without an
administrative hearing and Ms. Bias paid a$200.00 fine on
March 8, 1995. City Exhibit 3
4. As the December violation was being resolved, the
City received additional complaints that Pyramid's Market
was continuing to sell cigarettes to minors. City Exhibit
1. According, a second compliance check was conducted on
March 16, 1995 by Sergeant Per Tredal of the Saint Paul
Police Department and Kristina Schweinler, Senior License
Inspector for LIEP. Accompanying Serqeant Tredal and Ms.
Schweinler was Catherine Caturia, a 15-year-old high school
student who served as the decoy during the check.
5. As part of the compliance check, Ms. Caturia went
into Pyramid's Market on March 16 and bought a pack of
Marlboro Light cigarettes from the store clerk, Steven O.
Bowie. Mr. Bowie did not ask Ms. Caturia for any
identification nor did he question her age.
6. 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 Mr. Bowie. They told Bowie he
had just sold cigarettes to a minor and that he would
receive a letter explaining the procedure to be followed in
processing the fine.
7. On April 18, 1995, the Saint Paul City Attorney's
Office sent Janice Bias a Notice of Complaint that described
the March 16 violation and LIEP's recommendation that the
licensee be fined $400.00 for a second offense. The letter
stated that Ms.'Bias had two options for proceeding: first,
if she did not dispute the violation, she could send a
letter to that effect to the City Attorney and the matter
would go directly to the City Council for imposition of a
penalty. Second, if Ms. Bias did dispute the violation, a
3
9������
hearing would be set before an Administrative Law Judge.
City Exhibit 4.
8. On June 1, 1995, a Notice of Hearing was sent to
Ms. Bias setting the matter on for hearing on June 30, 1995.
9. On or about June 10, Mr. Bowie called the LIEP
office and asked how he should proceed to pay the fine. As
a result of that phone call, Mr. Bowie sent a letter on his
mother's behalf to LIEP admitting the violation. Mr. Bowie
did not keep a copy of the letter, nor did he note the name
and address where he sent it.
10. On Sune 29, Ms. Bias informed her son that a
hearing regarding the violation was set for the next day.
Mr. Bowie then went to LTEP to pay the fine in order to
avoid the hearing. He was told by LIEP personnel that he
had to submit a lettez admittinq the violation before the
fine could be paid. Mr. Bowie went home and prepared
another version of his June 10 letter, but when he brought
it to LIEP later in the day, the offices were closed.
Licensee Exhibit 1,
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. Ms. Bias received timely and proper notice of the
hearing of this matter pursuant to Saint Paul Leqislative
Code Section 310.Q5(b).
4
95�1058
3. The imposition of a fine is an adverse action
against the license as that term is defined in section
310.01 of 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 �herewith.
Saint Paul Legislative Code Section 310.06(b)(6)a.
(emphasis supplied).
5. The sale of cigarettes to Catherine Caturia was a
violation of the Saint Paul Leqislative 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.
6. Adverse action against the license held by Janice
L. Bias in the form of a$400 fine is reasonable and
appropriate pursuant to the presumptive penalty for a second
violation set forth in Saint Paul Legislative Code Section
324.11(b).
7. The imposition o£ costs under Saint Faul
I,egislative Code Section 31D.05(k) is not warranted in this
matter.
5
9 � r 1 O/ V
Based upon the foregoing Conclusions, the
Administrative Law Judge makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED that the St. Paul City Council
take adverse action against the licenses held by Janice L.
Bias in the form of a fine of $400. It is further
recommended that no costs be imposed against the licensee.
Dated this ��day of July, 1995.
�—
c
ita . McConnell
inistrative Law Judge
Reported: Taped (not transcribed; tape number 22,771).
NOTICE
The St. Paul City Council is requested to serve a copy
of its final decision upon the parties by first class mail.
The licensee in this case has not at any time disputed
that on March lb, 1995, her son, Steven Bowie, sold
cigarettes to a minor on behalf of Pyramid's Market. The
presumpt�ve penalty of a$400.00 fine indicated on the
matrix of the Saint Paul Legislative Code is the appropriate
penalty for this second violation.
G
� � i
The issue that remains is whether the licensee should
also be charged with the costs of the administrative hearing
which the City maintains was unnecessary. The imposition of
costs seems unduly harsh, however, in light of the
licensee's attempts to resolve the matter short of a
hearing. Those efforts included the submission of a letter
admittinq the violation which apparently failed to find its
way to the proper recipient. When he learned that the
hearing was still scheduled, Mr. Bowie went to LIEP and
tried to pay the fine. He was turned away for lack of the
required letter. Mr. Bowie tried to comply by returning
home to prepare another letter, but was unable to get back
to LIEP before the office closed.
While Mr. Bowie could have be
attending to this matter, he made a
pay the fine on his mother's behalf.
not be further penalized because
regulations governing resolution we�
precision.
R.A.M.
:en more diligent in
good faith attempt to
The licensee should
the administrative
-e not followed with
7
STATE pF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS � O � e
100 Washington Square, Suite 1700 ���a q
100 Washington Avenue South
Minneapolis, Minnesota SSd01-2138
July 31, 1995
City Clerk
Saint Paul City Council
386 City Hall
15 West Kellogg Blvd.
Saint Paul, I�iinnesota 55102
Ree In the Matter of the License held by
Janice L. Bias, dba Pyramid's Market
600 Selby Avenue, Saint Paul, Minnesota
File No. 80-2101-9761-3
Dear City Clerke
Enclosed for service upon the Saint Paul City Council are
the Findings, Conclusions, Recommendation and Alemorandum I
prepared following a hearing in the above-referenced matter
A copy of this Report has also been served this day on Gail
Langfield af the Office of the City Attorney and the
licensee, Ms. JanS.ce Bias.
Sincerely,
��
ita A. McConnell
aring Officer
cc: Ms. Gail Langfield
Ms. Janice Le Bias
Providing Impartial Hearings for Government and Citizens
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 6���1 /q � 0
100 Washington Avenue Soutfi � A U ��
Minneapolis, Minnesota 55401-2138
July 31, 1995
Ms. Gail Z,angfield
office of the City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
Ms. Janice L. Bias
Pyramid's Market
600 Selby Avenue
Saint Pau1, MN 55102
Re: In the Mat�er of the
License of Janice L. Bias
File No. 80-2101-9761-3
Dear Ms. Langfield and Ms. Bias:
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
C1erk for the Saint Pau1 City Council on this date>
���
ita . McConnell
�dministrative Law Judge
cc: Saint Paul City Clerk'
Providing Impartial Hearings for Government and Citizens
An Eq�al OppoAunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665
OFFICE OF ADMINZSTRATIVE HEARINGS
FOR THE COIINCIL OF
THE CITY OF SA2NT PAIIL
OAH Case No.
In re the Licenses of Janice L. Bias
dba Pyramid�s Market
600 Selby Avenue
♦ � : �
CITY�S PROPOSED
EXHIBITS
June 30, 1995
TO: Judge Phyllis A. Reha, Administrative Law Judge, Office of
Administrative hearings, 100 Washington Square, Suite 1700,
Minneapolis, Minnesota 55401-2138
The following constitutes the proposed Hearing Exhibits of the
City°s Department of License, Inspections and Environmental
Protection.
E7[hibit No.
Exh. No. 1
EXh. No. 2
EXh. No. 3
EXh. No. 4
EXh. No. 5
Description
Police Report CN 95-034-166 dated March 16,
1995 (2 pp.);
Investigation Report from Kris Van Horn dated
April 3, 1995 re March 16, 1995, incident
( P•);
License in£ormation re Janice L. Bias dba
Pyramid's Market, certified May 31, 1995
( P•)�
Notice of Complaint dated April 18, 1995, re
3/16/95 Tncident (2 pp.);
Notice of Hearing with Affidavit of Service;
dated June 1, 1995 (4 pp.).
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
95°i���
, 1995.
u y a w
Att rney at
Office of th City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8731
. ,
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9�=�.0�8
CITY OF SAIIvT PAUL
L1`TERDEPAR"f.!vIEI3'I'AL MEMORAi�DT3M
P_pril 3, 1995
TO: Robert iCessler
Phil Byrne
Ted Koeppl
FROM: iCris Van Horn
RE: Compliance Checks
The following is a report on the compliance checks of several convenience
stores, on sale liquor establishments and �
Accompanying Sergeant Per Tredal and me was a sixteen year old�female ]mown as
CAC d 'neteen year old male ]�nown as RPL. Our £irst stop was the�
CAC was sold a pack of
ar or cigare tes. � was not asked for identification. all of this was
monitored by Sergeant Tredal and me £rom a vehicle outside. 'v�e entered the
store after the minor returned to the vehicle, identified the clerk and
informed him of the procedure.
Ate then proceeded to Pyramid Market at 600 Selby Avenue (License #55904). The
`� sixteen year old female was sold a�ack of Marlboro cigarettes.
We then proceeded to where Sergeant
Tredal and 2 watched ne a rium while t e two minors went to the
bar. They walked into the bar without being carded or paying the cover.
While in the bar, RPL purchased a Miller Lite and walked out to the tables in
the hall. Sergeant Tredal and 2 went over and talked to the manager on duty
and in£orned him what had happened and identified the bartender.
then went t� to observe the activi
we had monitored. We chec ed which was very busy,
but the bouncers had control o� e doors an were very diligent about
checking identification. We asked about the procedure for checking
identification and, we feel that they have a good system.
We then went to th We saw no violations
at that time.
KVH/lk
- � e t ier� Licenses o Janice L. Bias ■
— dba P�yramid's Market —
City s E�tibit No. 2
We then went to , and our sixteen year
old female was sold an adult vi eo. e ollowed the same grocedure at this
location except Sergeant Tredal indicated that he would be issuing a criminal
tag for this.
Lic ID ...................
STAT .....................
Busines Name............
Address ..................
Zip..... ..............
...
Doing Business As........
Lic ense Name .............
Exp Date..... .........
...
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
NOTE AREA ................
Ta Id ...................
Worker Comp Exp Date.....
Telephone ................
55904
AC
BIAS, JANICE L
600 SELBY AVE
55102
PYRAMID'S MARKET
RESTAURANT (A)- ZERO-12 SEATS
GROCERY (C)
CIGARETTE
03/31/96
95°�0�8
12-28-94 Store employee, steve bowie, sold cigs t
o a minor. Letter sent 1-6-95
3/8/95 C.F. #95-235 APP�D IMPOSING $200 FINE FOR
CIG SALE TO A MINOR
1841869
659-9967
Press 'C� to continue, 'P' to print, or 'R' to redisplay...
Alt-2 FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLO5ED ° PRINT OFF °
5/31/95
I hereby certify that this is a true and exact copy of the records of the
LIEP Office of the City of St. Paul for Janice L. Bias DBA Pyramid`s Market
at 60Q Se1by Avenue.
`� ��..,�._o _ 5 I��I�-
Kris Schweinler Date
Chief License Inspector
ar Public � C �
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LINDA KAY KOAAN
NOTARY PUBLIC-YIqNEgp7�
r ' M!'Caeul�qonF.�pkKJe.S1.tOB6
r
i
��n re t t o amce . ias •
— dba F�yramid's Market —
City s Earhibit No. 3
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crrY o� sau�r pauL
Nmm Coleman, Mayor
ApYil 18, 1995
NOTICE OF COMPLAINT
Janice L. Bias
Pyramid's Market
60o Selby Avenue
Saint Paul, Minnesota 55102
OFFIC� THE CITY ATTORNEY
Timothy .ux, Ciry Attomey
Civ31 Dzvision
400 Ciry H¢tt
IS West Ke[[ogg Blvd.
Saint Pau1, Minnuota 55102
Tetephone: 6I2 266-8710
Fatstinile: 612 298-5619
RE: All licenses held by Janice L. Bias dba Pyramid's Market
Our File Number: G95-0164
Dear Ms. Bias:
The Director of the Office of License, Inspections and
Environmental Protection (LIEP) will reaommend 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 in the
licensed premises. This is an offense under Minn. Stat.
§609.685 and Saint Paul Leqislative Code §324.07.
Since this is the second offense, the recommendation of the Office
of License, Inspections and Environmental Protection will be for a
$400.00 fine.
If you do not dispute the above facts, and send me a letter to that
ePfect 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 hearinq 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 1ega1 assistant,
Peter Pangborn, within 5 days, and we will take the necessary steps
to set up that ALJ hearing. Call him at 266-8776.
�
n re t ie icenses o, amce . ia�'
— dba F Market —
City s E�hibit No. 4
�
- � �
Very truly yours,
Philip B. Byrne
Assistant City Attorney
cc: Robert Kessler
Director, LIEP
Ted Koeppl
License Division
page 2 � " � 1 0 � �
95mi��
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SIJBTITLE A. IN GE�'ERAI,
Chapter 310. Uniform License Procednres
Sec. 310.01. Aefinitions.
LICENSES
For 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 o£ 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, renewal or transfer of a license, the im-
position of a�ne, the assessment of the costs of a
contested hearing, and any other disciplinary or
unfavorable action taken with respect to a li-
cense, licensee or applicant for a license. Adverse
action includes any of the foregoing directed at
one (1) or more licenses held by a licensee at any
location in the City of Saint Paul. Adverse action
also includes disapproval of licenses assued by the
State of Minnesota under statutory provisions
which pemiit the governing body to disapprove
the issuance of the license.
Bond means a bond meeting the requirements
of sectian 31�.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 cbap-
ters.
Buiiding offici¢C means the official in the o�ce
o£ license, inspections and environmental protec-
tion chazged with the responsibility af enforce-
ment of the building code.
Ch¢pters and these ch¢pters shall mean this Uni-
form License Ordinance, any chapter of the I.eg-
islative Code pertaining to licenses as hereinafter
mentioned, and subsequently enacted ordinances
establishing or relating to the requirements for
Class I, Class II and Ciass III licenses under au-
thority of the City of Saint Paul.
Supp. ATO. 26
2027
§ 310.01
CZ¢ss I licenses means those licenses which can
be approved and issued or denied by the director,
subject to the procedures required by these chap-
ters. The following licenses aze so classi�ed, and
the numbers shown opposite them correspond to
the chapters in the Legislative Code pertaining to
each license:
Class I Licenses
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
Cigazettes
Ciose-Out Sales
Building Contractors
Dry Cleaning and Dry Dyeing
Plants; Laundries
Electrical and Appliance Repair
Fire Alarm—Telephone Devices;
Appazatus Tnstallers
Florists
Food License
Fuel Dealers—Liquid Fuel
Fuel Dealers—Solid Fuel
Fumigating—Pest Control
Gasoline Filling Stations
Private Fuei Pumps
Iiardware Stores
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
33?
338
339
340
341
342
343
344
345
346
§ 310.01 LEGISLATIVE CODE ,-� .
Class I Licenses
Pet Shops
Radio and Television Repairs
Rental of Clothing
Rentai of Iiospital Equipment
Rental of Kitchenware
Rental of Trailers
Roller Rinks
Sanitary Disposal
Secondhand Dealers
Sidewalk Contractors
Solid Waste
Sign and Billboazd Construction
Sound Trucks and Broadcasting
Vehicles
Public Swimming Pools
Tow Trucks—Service Vehicles
LQgZSlQtLU2
Code
Chapter
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
Tree Trimming
Vending Machines
Veterinary Aospital
Window Cleaning
Block Parties
Tattoo Parlors
Wrecking of Bu9ldings
Building Trades Business Li-
censes
Building Trades Certificates of
Competency
Finislung Shop
Tire Reeapping Plants
Transient Merchants
Therapeutic Massage Center
Therapeutic Massage Practi-
tioner
370
371
372
373
412
414
Cl¢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 following licenses are so classifred, and the
numbers shown opposite them correspond to the
chaptersin the Legislative Code pertainingto each
license:
Cl¢ss II Licenses
Auctioneers—Short Term
License
L¢gLSIQ,I'LU2
Code
Chapter 390
.j.EgLSl6tiv¢
CI6SS II LLC2nS25 COCl2
City Gambling Permit Section 402.06
Soliciting Funds—Tag Chapter 391
Days
Temporary On-Sale Beer Section 410.10
Temporary Wine and Li- Section 409.25
quor
Class I77 Zicenses 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 aze so classified, and
the numbers shown opposite them correspond to
the chapters in the Legislative Code pertaining to
each license:
Legislatiue
Code
Closs III Licenses Chapter
Auctioneers 400
Motor Vehicle and Parts Dealer 401
g�� 402
Bingo Halls 403
Private Ctubs 404
Dance Halls 405
Game Rooms 406
Hotel 407
Junk Salvage and Scrap 408
intoxicating Liquor 409
Nonintoaricating Liquor 410
Entertainment 411
Conversation Parlors 413
Motion Picture Theatres 425
Motion Picture Drive-In The- 416
atrss
Pazking Lots 417
Taxicabs 376
Gambling License 419`
Director means the director of the office of li•
cense, inspections and environmental protection,
unless otherwise defined in the specific chapter,
section or subdivision referred to.
Division means the o�ce of license, inspections
and envizonmental protection as the successor to
the former division.
Fee means and includes both the license fee and
application fee unless otherwise provided.
� �
Supp. No. 26 2028
95��
�-�..
�
�
Inspector as used in these chapters means the
director of the office of license, inspections and
environmental protection or his or her designee.
LICENSES
§ 310.02
��� �
'���-,�.
_ j
i
�
License means and includes all licenses and per-
mits provided for or covered by these chapters.
License also includes licenses issued by the State
of Minnesota under statutory provisions which
permit the governing body to disapprove the issu-
ance oi 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, £um,
corporation, partnership, company, organization,
agency, club or any group or association thereof.
It shall also include any executor, administrator,
trustee, receiver or other representative appointed
by law.
Zoning ¢dministr¢tor means the official charged
with respansibility for enforcement of the zoning
code.
(Code 1956, § 51�.01; Ord. No. 17303, § 3, 10-
29-85; Ord. No. 17�69, § 1, 6-7-88; Ord. No. 17919,
§ 1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.F.
No. 94-46, § 6, 2-2•94; C.F. No. 94-500, § 2, 7-6-94;
C.F. No. 94-898, § 1, 7-13-94)
Sec. 310.02. Application.
(a) Form. All applicants for licenses or gernuts
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 agplications shall not be received by the in-
spector until completely filled out, accompanied
by all fees, insurance policies, bonds, deposits,
sureties, and indemnifications or certificates re-
quired by these chapters, together with the certi-
fication required in pazagraph (b) below.
(b) Taxes. No person shall be granted a license,
a renewal of a license or transfer of a license re-
quired by the Saint Paul Legislative Code unless,
prior to and in addition to any other require-
ments, rules or ordinances heretofore or herea£ter
required, the Ramsey County Department of Prop-
erty Taxation certifies that said applicant has paid
any and all tases, real or personat, before said
tases become delinquent, on any property, real or
Supp. No. 26
personal, situated within the City of Saint Paul
and used in connection with the business oper-
ated under said license.
IQotwithstanding the previous paragraph, the
council, the director or the inspector may issue,
renew or transfer a license if it is £ound that:
(1) The applicant has made an agreement sat-
isfactory to the Ranisey Gounty 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 connection with such proceeding; or .
(3) The business property with respect to which
taxes are delinquent is not owned by the
applicant, but by a lessor, and it would be
inequitable to require the lessee to pay such
taxes.
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 speciCc sections in these chap-
ters, as may be necessary to carry out and enforce
any provision hereunder. I-ie shall require in every
case the applicant to submit his name; business or
corporate name; names ofpartners, o�cers, direc-
tors, shazeholders or trustees involved in the busi-
ness; age; address; description or biueprint of the
premises, i£ any, and the owner thereof, and loca-
tions and addresses of other business locations in
Minnesota.
(d) No reapplication within one (I) ye¢r after de-
nial or revocation. No person may apply for any
license within one (1) year of the deniai or revo-
cation of the same or similaz license by the city
council, if such denial or revocation was based
solely or partially upon misconduct or unfitness of
the applicant, evidence of violations of law in-
volving licensed premises, evidence that the ap-
2029
§ 310.02 LEGLSI.A'I'IVE WDE - -
plicant had been involved in the opezation of a
nuisance, or fraud or deception in the Iicense ap-
plication. Denial of a license, as used in this paza-
graph, shall inctude a refusal of permission ta
transfer a license to the applicant. A license is
"similar," within the meaning of this paragraph,
if the basis upon which the revocation or denial of
the originai Iicense was made would have been a
relevant basis on wYuch to deny or revoke a li-
cense of the type subsequently applied for.
(e) Reapplic¢tion ¢fter deni¢I; "interest" of ap-
plic¢nt in reaoked licerzse. An application by a
person having an interest in, or whose share-
holders or officers have an interest in, any prem-
ises or enterprise whose Iicense has been revoked
or to which a Hcense has been denied shall be
treated as an application by the person whose li-
cense was denied or revoked. The term "i�terest,"
as used in this paragraph, includes any pecuniary
interest in the ownership, operation, management
or pro�ts of an establishment, but does not in-
clude: bona fide loans; bona fide rental agree-
ments; bona fide open accounts or other obliga-
tions heId with or without seeurity arising out of
the ordinary and regutar course of business of
se7ling or leasing merchandise, fixtures or sup-
plies to such establishment; an interest in a cor-
poration owning or operating a hotel but having
at Ieast one fiundred fifCy (150) or more rentai
ssnits holding a]icense in conjunction theremith;
or ten (10) percent or less interest in any other
corporation holding a license.
(fl Prohibition on reapplication; exception. The
prohibition on reapplication herein provided shall
not apply in cases where it is otherwise e�pressly
provided by statute ar ordinance.
(g} Waiting period after fcZing of petition. Any
petition required to be filed with the app2ication
for any license shall not be considered as officially
filed and irrevocable until seven (7) worl�ng 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
shall be appended to the subject petition and made
a part thereo£ After the seven-day waiting pe-
riod, eignatures may not be withdrawn unless it
is shown they were obtained by fraud or duress.
Signatures withdrawn or obtained by £raud or du-
ress shall not be counfzd in determining the suf-
ficiency of the petition. This subdivision shalI
apply in any case where the appficant for a li-
cense or license transfer must present a state-
ment in writing signed by a specified number or
percentage of persons that they have given their
consent to the grant of the ticense ar 2icense
transfer.
(Code 1956, § 510.02)
Sec. 310.03. Investigatioa and review of new
apptications, etc.
The inspector shall determine the sufficiency
and accuracy of each new app&cation and obtain
such criminal history information as may be used
under Minnesota Statutes, Chapter 364, and is
otherwise available by law. 4'he inspector shall
make reasonable and appropriate investigation oF
the premises or personal property, vehicles or fa-
cilities, as may be involved in or related to the
licensed activity, and shall request, where appro-
priate, the assistance oF other city divisions or
departments in maldng additional investigations
for the purpose of determining whether the appli-
cant is or will be in compliance with all applicable
ordinances and statutes. The approval of such
other divisions or deparEments is not required for
issuance of a license uuless otherwise required by
specific sections in these chapters. All new appli-
cations shall be reviewed by the zoning adminis-
trator or his designee for compiiance with alI re-
quirements of the Saint Paul Zoning Code, and no
new license shatl be granted without full compli-
ance with said requirements. All new applica-
tions involving a premises, location, building or
structure shall be referred to the director of the
department of Fire and safety services and to�the
building official for investigation and recommen-
dation.
(Code I956, § 510.03; Ord. No. 17361, § I, 6-5-56)
3ec. 310.04. Levels oF approval; recommen-
datiotvs.
(a) Class I licenses. Where an application for
the grant, issuance, renewal or transfer of a Class
I license meets all the requirements of law, and
there exists no ground for deniat, revocation.or
suspension of, or the imposition of conditions upon,
�
�°_"
Supp. No. 26 2030
�-- �
7
�
p. T�ya
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�`—
LICENSES
95°����
Q 31�.�4
such license, the director shall gtant, issue, renew
or transfer said license in accordance with the
application.
(b) Ctass II Zicenses. Where an application for
the grant, issuance, renewal or transfer of a Class
II license meets all the requirements of law, and
there e�sts no ground for denial, revocation or
suspension of, or the imposition of conditions upon,
such license, the director shall grant, issue, renew
or transfer said license in accordance with the
application.
(c) Class I and Class II licenses, if denied by
director. In the event the dizector, in the case of
both Class I and Class II licenses, determines that
the application for grant, issuance, renewal or
transfer of the license dces not meet all the re-
quirements of law or that there exist 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 ZII Licenses.
(1) Gr¢nt, issuarece or transfer. Upon receipt of
a fully completed application and required
fees £or a Class III license, and after the
investigation required, the directur shall no-
tify the council. A pubiic hearing shall be
held on the grant, issuance or trans£er of
all Class IIT licenses. In any case where the
director recommends denial of the grant,
issuance, renewal or transfer of a Class 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 pmcedures for notice and
hearing as set forth in section 310A5. Where
the application for the grant, issuance, re-
newal or transfer oFa Class III license meets
all the requirements of law, and where there
exists 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
hood organization(s) sstablished for eitizen
participation purposes, at least sigty (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 councilmember,
which request shall be incorporated in the
form of a council resolution. Upon the pas-
sage of such resolution, the director shall
give written notice of such hearing to the
affected neighborhood organiaations. Such
public hearing does not replace or amend
any of the procedures 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 eusts no ground for adverse
action, the council shall by resolution di-
rect that the direetor issue the license in
accordance with law.
(e) Appe¢l; Class I or CZass 77 licenses. An ap-
peal to the city council may be taken by any per-
son aggrieved by the grant, issuance, renewal or
transfer of a Class I or Class II license; provided,
however, that the appeal shall have been filed with
the city clerk within thirty (30) days after the
action by the director. 'Phe only grounds for ap-
peal shall be that there has been an error of law in
the grant, issuance, renewal or transfer of the li-
cense. The appeal shall be in writing and shall set
forth in particulaz the alleged errors o£ 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 fort,h 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 inspeetor or direetor, 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 waiuer by renewal. The renewal of any
license, whether Class I, II or III, shall not be
deemed to be a waiver of any past violations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. No. 94500, § 1,
7-6-94)
2031
§ 310.05
Sec. 310.05. Hearing procedures.
LEGSSLATIVE CODE
(a) Adverse action; notice ¢nd he¢ring require-
m.ents. In any case where the counciI may or in-
tends to consider anq adverse action, including
the revocation or suspension of a license, the im-
position of conditions upon a license, or the denial
of an application for tlie 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 heazd as provided herein_ The
council may consider such adverse actions when
recommended by the inspector, by the director, by
the director of any eaecutive department estab-
lished pursuant Lo Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse ac-
tion is or will be considered by the couneil, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a hearing before action is taken by the
counciI. The notice shall be served or mailed a
masonable 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
based. The council may request that such written
notice 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 violaLion 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 eYa**+�*+er appointed by the council
or retained by contract with the city for that pur-
pose. The applicant or the licensee shall be pra
vided an opporLnnity to present evidence and ar-
gument as well as meet adverse testimony or
evidence by reasonable cross-eYa*n�nation and re-
buttai evidence. The hearing egaminer may in its
discretion permit other interested persons the op-
portunity to present testimony or evidence or oth-
erwise participate in such hearing.
(e-1) Procedure; hearing eraminer. The hearing
esaminer shall hear all evidence as may be pre-
sented on behalf of the city and the applicant or
licensee, and shall present to the council written
frndings of fact and conclusions of law, together
with a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's ree-
ommended findings of fact aad coaclusions, and
shall not consider any faetual testimony not pre-
viously submitted to and considered by the heaz-
ing e8aminer. After receipt of the hearing egam-
iner's findings, conclusions, and recommendations,
the council shall provide the applicant or licensee
an opportunity to present oral or written argu-
ments alleging error on the part of the egaminer
in the applicatioa of the law or interpretation of
the facts, and to present argument related to the
recommended adverse action. Upon cronclusion of
that hearing, and after considering the record, the
PYam; findings and recommendations, togeth-
er with such additionai arguments presented at
the hearing, the council shall determine what, if
any, adverse action shall be taken, which action
shalI be by resolution. The council may accept,
reject or modify the findiags, wnclusions and rec-
ommendations of the hearing exa*�;ner.
(c-2) Ex pwte corztacts: If a license matter has
been scheduled for an adverse hearing, council
members shaIl not diseuss the Hcense matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion oceurs on the record during tiie hearings
of the mattzr or during the council's final deliber-
ations of the matter. No interested person shall,
with knowledge that a ficense matter fias been
scheduled for adverse hearing, convey or attempt
ta convey, orally or in writing, any information,
argument or opinion about the matter, or any is-
sue in the matter, to a oouncit member or his or
her staff until the council has taken final action
on the matter, provided, however, that nothing
herein shaIl prevent an inquiry or communica-
tions regarding status, scheduling or procedUres
concerning a license matter. An interested person,
for the purpose of this pazagraph, shall mean and
inetude a person who is an officer or employee of
the licensee which is the subject of the seheduled
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Licensee or applicant m¢y be represented
The licensee or applicant maq represent himself
or choose to be represented bq another.
�- '_
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Supp. No. 27 2�32
l _�, LICENSES
9 � E � � � � 310A5
, j
������',
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(e) Record; euidence. The hearing examiner
shall receive and keep a record of such proceed-
ings, including testimony and exhibits, and shall
receive and give weight to evidence, including
hearsay evidence, which possesses probative val-
ue commonly accepted by reasonable and prudent
persons in the conduet of their affairs.
(fl Council action, resolution to contain �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 part of the findings, con-
clusions and recommendations of the hearing ex-
aminer, and incorporate the same in its resolution
taking the adverse action.
(g) Additional prceedures where required.
Where the provisions of any statute or ordinance
require additional notice or hearing procedures,
such provisions shall be complied with and shall
supersede inconsistent provisions of these chap-
ters. This shall include, without limitation by rea-
son of this speeific reference, Minnesota Statutes,
Chaptez 364 and Minnesota Statutes, Section
340A415.
(h) Discretion to hear notwithstanding mith-
drawal or surrender of ¢pplication or iicense. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license 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 gresident 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
2033
(j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license in-
spector and posted by the licensee so as to be vis-
ible to the public during the effective period of the
adverse action. The licensee shall be responsible
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 all
of the costs of a contested hearing before an inde-
pendent hearing eaaminer, 'Phe costs of a contest-
ed hearing include, but aze not limited to, the cost
of the administrative law judge or independent
hearing examiner, stenographic and recording
costs, copying costs, city staff and attorney 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 parB of such costs in any given
case if (i) the position, elaim 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 harassment; (n) the nature of the
violation was serious, or involved violence or the
threat of violence by the licensee ar employees
thereof, or involved the sale of drugs by the lic-
ensee or employees thereof, and/or the circum-
stances under which the violation occurred were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
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 contml of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required in-
surance policies; (vi) the violation is covered by
the matris in section 40926 of the Legislative
Code; or (vii) the violation involved the sale of
cigazettes to a minor.
(1) Imposition of�'ines. The council may impose
a fine upon any licensee or license applicant as an
adverse license action. A fine may be in such
§ 310.05
LEGLSLATIVE CODE
amount as the council deems reasonable and ap-
propriate, having in mind the regulatory and en-
forcement purposes embodied in the partieular li-
censing ordinance. A fiae may be in addition to or
in lieu of other adverse action in the sole discre-
tion of the council.lb the extent any other provi-
sion of the Legislative Code provides for the im-
position of a fine, both provisions shall be read
together to the extent possibte; pmvided, howev-
er, that in the case of any conflict or inconsistency,
the other provision shatl be controliing.
(Code 1956, § 510.05; Ord. No.17551, § 2, 419-88;
Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-23-89; Ord. No. 17912, § 1, 3-10.92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94898, §§ 2, 3, 7-13-94;
C.F. No. 94-1340, § 2, 10-I9-94}
Sec. 310.06. Revocatioa; suspension; ad-
verse actions; imposition of con-
ditions.
(a) Council may take adverse action. The coun-
cil is authorized ta take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
pmvided in and by these ehapters. Adverse ac-
tions against entertainment licenses issued under
Cfiapter 411 of the Legislative Code may be initi-
ated for the reasons set forth in subsection (b)
below, or upon anp lawful grounds which aze com-
munfcated to the license holder in writing prior to
the hearing before the council. Such actions shall
be initiated and carried out in aecordance with
the procedures outline in sectian 310.05; provid-
ed, however, that the formal notice ofhearing shall
be used to initiate the adverse action without Lhe
use of prior procedural steps.
(b) Basis for action. Such adverse action may
be based on one (2j or more of the following rea-
sons, which are in addition to any other reason
specificaIIy provided by law or in these chapters:
(1) The ficense or permit was prceured by mis-
representation of material facts, fraud, de-
ceit or bad fait6.
(2) The applicant or one (1) acting in his or her
behalf made oral or written misstatements
or misrepresentations of material facts in
or accompanying Lhe application.
(3) Tfie Iicense was issued in violation of any of
the provisions of the Zoning Code, or the
premises which are licensed or which are to
be licensed do not comply with applicable
health, housing, fire, zoning and building
codes and regulations.
(4) The license or permit was issued in viola-
tion of ]aw, without authority, or under a
material mistake of fact.
(5) The &censee or applicant kas failed to com-
ply with any condition set forth in the li-
cense, or set forth in the resolution gran�
ing or renewing the license.
(6) a. The licensee or applicant (or any per-
son wfiose conduct may by law be im-
puted to the licensee or applicant) has
violated, or performed any act which is
a violation of, auy of the provisions of
these chapters or of any statute, ordi-
nance or reguIation reasonably reIated
to the licensed activity, regaxdless of
whether criminal chazges have or have
not been broughtin connection there-
with;
b. The licensee oi applicant has been con-
victed of a erime that may disqualifp
said applicant firom holding the license
in question under the standards and
procedures in Minnesota Statutes
Chapter 364; or
c. The licensee or applicaat (or any per-
son whose conduct may by law be im-
puted to the Iicensee or applicant) has
engaged in or permitted a pattem or
practice of conduct of failure to eomply
with laws reasonablq related to ihe li-
censed activity or from which an it�'er-
ence of lack of frtness or good character
may be drawn.
(7) The activities of the licensee in the licensed
activity created or have ereated a serious
danger to the puhlic health, safety or wel-
fare, or the licensee performs or has per-
formed his or her work or activity in an
unsafe manner.
(8} 'i�e licensed business, or the way in wluch
such business is operatRd, maintains ar per-
�
Supp. No. 27 2Q34
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5 �'
LICENSES
95�1��8
§ 310.06
mits eonditions that unreasonably 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) The licensee or applicaat has shown by past
misconduct or unfair acts or dealings: phys-
ical abuse, assaults or violent actions done
to others, including, but not limited to, ac-
tions meeting the definition of criminal sex-
ual conduct pursuant to Minnesota Stat-
utes Sections 609.342 through 609.3451;
sexual abuse, physical abuse or maltreat-
ment of a child as defined in Minnesota
Statutes Section 626.556, subdivisions 2
and 10e, including, but not limited to, acts
which constitute a violation o£ Minnesota
Statutes Sections 609.02, subdivision 10;
609.321 through 609.3451; or 617246; ne-
glect or endangerment of a child as defined
in Minnesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale,gift,delivery,transportation,eachange
or barter of a contmlled substance as de-
fined in Minnesota Statutes Chapter 152;
the possession of a controlled substance as
defined in Minnesota Statutes Chapter 152
in such quantities or under circumstances
giving rise to a reasonable inference that
the possession was for the purpose of sale
or distribution to others; or by the abuse of
alcohol or other drugs, that such licensee or
applicant is not a person of the good moral
character or fitness required to engage in a
licensed activity, business or profession.
(11) The licensee or applicant has materially
changed or permitted a material change in
the design, construction or configuration of
the licensed premises without the prior ap-
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
Class I licenses, or without first having ob-
tained the propez building permits from the
city.
Supp. No. 27
(12) The licensee or applicant has violated sec-
tion 294.01 of the Legislative Code, or has
made or attempted to make a prohibited eg
pazte confizct with a council member as pro-
vided in section 310.05(c-2) of the Legisla-
tive Code.
The tzrms "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, notcvith-
standing the foregoing provisions, neither the lack
of good moral character or fitness of the licensee
or applicant nor the content of the protected speech
or matter shall be the basis for adverse action
against the license or application.
(c) Imposition of reasonable conditions and 1 or
restrictions. When a reasonable basis is found to
impose reasonable conditions and/or restrictions
upon a license issued or held under these chap-
ters, any one (1) or more such reasonabie condi-
tions and/or restrictions may be imposed upon such
license £or the purpose of promoting public health,
safety and welfare, of advancing the public peace
and the elimination of conditions or actions that
constitute a nuisance or a detriment to the peace-
ful enjoyment of urban life, or promoting security
and safety in nearby neighborhoods. Such reason-
able conditions and/or restrictions may include or
pertain to, but ate not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishment, or
on particular types of activities conducted
in or on said business or eatablishment;
(2) A limitation or restriction as to the location
within the licensed business or establish-
ment whose [sic] particular type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress frrom the licensed establishment or
its pazking lot or immediately adjacent area;
(4) A requirement to provide off-street parking
in excess of other requirements of law;
2034,1
§ 310.06 � LEGLSLATl'VE CODE
(5) A limitation on the manner and means of (4} The management practices of the licensee
advertising the operation or merchandise or applicant with respect to each of such
of the licensed establishment; licenses;
(6) Any other reasonable condition or restric-
tion limiting the operation of the licensed
business or estabtishment to ensare that
the business or establishment will harmo-
nize with the character of the azea in wluch
it is located, or to prevent the development
or continuation of a nuisauce.
The inspector may impose such conditions on Class
I licenses with the consent of the license holder, or
may recommend the imposition of sucfi conditions
as an adverse action against the license or licens-
es; the inspector has the same power with respect
to Class II licenses. The crouncil may impose such
cronditions on Class III &censes with the consent
of the license holder, or upon any class of license
as an adverse action a inR the license or licens-
es foIIowing notice and hearing as may be re-
quired. Such conditions may be imposed on a li-
cense or licenses upon issuance, renewal or
transfer thereof, or upon and as part of any ad-
verse action against a license or licenses, iaclud-
ing suspension. Conditions imposed on a license
or Iicenses shall remain on such licenses when
renewed and shall continue thereaRzr untii re-
moved by the council in the case of conditions on
Class III licenses or conditions imposed by ad-
verse action, and by the inspector in the case of
Class I and II �icenses.
(d) Standards for muZtiple Zicense determina-
tion. In any case in which the council is autho-
rized to take adverse action a, inct less than all
af the Iicenses heId by a licensee, or applied for by
an applicant, the Following standards may be used:
(1) The nature and gravitp oFthe grouads fouad
by the council to e�st upon which the ad-
verse action would be based;
(2) The policy and/or regulatorp goals for the
particutaz licenses invotved, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationslup of the licenses and
their relative importance to the overali busi-
ness enterprise of the licensee or applicant;
(5) The extent to which adverse action against
less than all of the licenses or appfications
would result in difficulty in enfarcing and
monitoring the adverse action taken;
(6) The hazdstup to the licensee or applicant
that would be caused by applying adverse
action to all licenses or applications; and
(7) The hazdship and/or danger to the pnb&c,
or to the public health and welfaze, that
would result from adverse action against
less than ali ofthe licenses or applications.
(Code 1956, § 510.06; Ord. No. 17584, § 1, &25-88;
Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2,
6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 42&
92; C.F No. 94500, § 3, 7-6-94; C.F. No. 941340,
§ 3, 10-19-94)
Sec. 310.07. Termination of licenses; surety
bonds; ���±*Ance coatracts.
(a) Aatomatic termination, , reinstatement; re-
sponsibility of Zicerzsee. All ficenses or permits
which must, by the pmvisions of these cbapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance poticies, de-
posits, guarantees, bonds or certifications shall
automatically terminate on cancellation or with-
drawal of said polieies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perform the licensed activity afLer such termina-
tion. The licensee is liable and responsible for the
filing and maintenance of such policies, deposits,
guarantees, bonds or certifications as are required
in these chapters, and shall not be entitled 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 reiastates and files such poli-
cies, deposits, bonds or certifications within thirty
(30) days, the license is automatically reinstat�d
on the same terms and cronditioas, and for the
same period as originally issued. After thirty (30)
days, the applicant must reapply for a renewal of
his license as though it were an originai applica-
tion.
� �- } '
Supp. No. 27 20342
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LICENSES O � � � e � �§ 310.09
(b) Bonds and insurance requirements: Sec. 310.08. Terms of licenses; uniform
(1) Surety Companies: All surety bonds run-
nin to the City of Saint Paul shall be writ-
ten by surety companies authorized to do
business in the State of Minnesota. All in-
surance policies required by these chapters
shall be written by insurance companies au-
thorized to do business in the State of Min-
nesota.
(2) 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 whatscever, shall first be
approved 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 0£ 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 therecvith. 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, occurrenee or otherwise licensed un-
der these chapters.
(c) 1�rnzination of bonds ¢nd irzsurance �quired
by city. 'I�rmination of bonds and insurance re-
quired to be filed with the city pursuant to these
chapters shall be in aceordance with the require-
ments of Chapter 8 of the Saint Paul Legislative
Code.
(d) Expiration date to be concurrnnt with term
of Zicense or permit. The e�cpiration date of all such
policies, bonds, guazantees or certifications shall
be concurrent with the eapiration date of the li-
cense or permit.
(Code 1956, § 510.07)
Supp. No. 27
dates.
(a) All licenses or permits shall be valid for a
period oF one (1) yeaz from the date of issuance by
the inspector, except as otherwise provided herein
or in these chapters or in cases of revocation, sus-
pension or termination under section 310.06.
(b) Licensees may continue to operate their
business after the expiration date of 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 shali process the
renewal application in the manner provided for in
this Code.
(c) Whenever any licensee is the holder of the
tcvo (2) or more licenses of the City of Saint Paul
which eapire on different dates, the inspector is
authorized, at the request of the licensee, to de-
termine a uniform date for the er.piration of all or
any number of such licenses, notwithstanding the
term and e�iration dates o£such licenses as orig-
inally issued, and notwithstanding any provision
as to term of license of any ordinance of the city
heretofore or hereaffzr enacted. The provisions
hereof shall govern 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 une (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) Exzmpt organizations. The Legislative Code
exempts c,ertain 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 eaemptions are stat-
ed within the applicable chapters. Such organiza-
tions shall pay a five dollars ($5.00) minimum pro-
cessing fee for each and every application for a
license or permit to be issued by the division man-
ager, director or council of the city.
(b) Fee scheduZe. 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
LEGLSLATIVE CODE
these chapters, and a separate fee schedule for
applications for such licenses and permits, which
may include fees to cover crosts incurred by reason
of the Iate filing. Such fees, in either schedule,
shail be reasonably related to the costs of admia-
istration incurred in connection with each such
application, license or permit. Costs of adminis-
tration shail mean and include, but without lim-
itation by thzs specifieation, both direct and indi-
rect costs 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 inquixies and
requests for assistance, telephone and communi-
cations, stationery, postage, paper, reproduction,
o�ce capital equipment and all office supplies.
Such fee schedules as adopted by ordinance and
poste�2 in the office of the inspector shall super-
sede inconsistent fee provisions in these chapters
or in other ordinances or laws.
(c) Fee for one year, may be prorated Unless
otherwise specifically pmvided, the license fee sta�
ed is for a period of one (1) yeaz: Such fee may be
pmrated where a license is issued for a period of
less than a yeaz.
{d) Iate fee. Unless otherwise specifically pro-
vided bp the partieulaz licensing provisions in-
volved, an applicant for the renewal of a license
who makes application for such renewal after the
expiration date of such license shall be charged a
late fee for each such lieense. 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 license. The late fee shall not
exceed fifty (50) percent of the annual license fee.
If any provision of these chapters imposes more
stringent or additional requirements for the issu-
ance of an original license than would be the case
For mere renewal, those requirements must be met
when the license has lapsed by reason of e%pira-
tion.
(Code 1956, § 510.09; Ord. No. 16884, 2-11-82;
Ord. No. 17802, § 1, 1-10-91)
See. 310.10. Refunds of fees.
(a) Refund where application withdr¢mn or de-
nied; service charge. Unless otherwise specifically
provided by the particular licensing provisions in-
volved, where an application for any license is
withdrawn or denied, the inspector shall refund
to the applicant the license fee submitted less a
service charge to recover in part the costs in-
curred in processing the application in the amount
of twenty-five (25) pereent of the annual license
fee.
(b) Limitation on refund; other cases. In all oth-
er cases as pmvided in paragraph (c) the inspec-
tor may refund not to eaceed one hundred dollars
($100.00) of fees received in connection with any
license, permit or application therefor, provided,
that he certify in writing that the amount of the
refund represents a sum over and above the rea-
sonable costs of administration incurred up to that
time in connection with said license, permit or
application. The director may refund not to eg
ceed two hundred fitty dotlars ($250.00) of such
fees upon a like certification by the inspector. The
council may by resolution authorize all refunds
upon a like certification by the inspector.
(c) Bases for nfunds. Refunds under pazagraph
(b) may be made to tfie licensee or his estate:
(1) Where the place of business of the licensee
or his principal equipment is destroyed or
so damaged by fire or any other cause that
the licensee ceases for the remainder of the
licensed period to engage in the licensed
activity or business;
(2} Wfiere �e business or ficensed activity ceas-
es by reason of the death or illness of the
licensee or the sole employee or manager,
or
(3) Where it has become unlawful for the lic-
ensee to continue in the business or licensed
activity other than by revocation, suspen-
sion, deaial or any criminal activity on the
part of the licensee.
(Code 1956, § 510.10)
5tay
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Supp. No. 27 2034.4
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LICENSES
Sec. 310.11. T�-ansfers; general.
(a) License a priuilege noi property. All licen-
ses or permits issued by the City of Saint Paul
pursuant to these chapters or other ordinances or
laws confer a privilege on the licensee to engage
in the activity or occupation so licensed, and do
not constitute property or property rights or cre-
ate any such rights in any licensee. No such li-
cense or permit may be seized, levied upon, at•
tached, executed upon, assessed or in any manner
taken for the purpose of satisfaction of any debt
or obligation whatever.
(b) Licenses transferable,• condifions. All licen-
ses issued by the City of Saint Paul shall be trans-
ferable unless the specific chapter of the Saint
Paul Legislative Code pertaining to each specific
license shall specifically prohibit the transfer of
such license. No transfe7 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 heaz li-
cense matters and a resolution approving said
transfer is passed, approved and published. Both
the transferor and transferee shall make applica-
tion for transfer of a license on such forms as may
be prescribed by the division, and in accordance
with Section 310.02.
(c) Transfer tax. In all cases of transfer of a
license from a present licensee to any other per-
son, there shali be a tax on said transfer in the
amount of twenty-five (25) percent of the annual
license fee charged for said license, said tas to be
paid by the transferee.
(d) Transfer tax deposit retained or returned
Whenever an application is made for transfer of a
license, the amount as set out in paragraph (c)
shall be deposited with said application. If the
transfer of license is agproved, the amount depos-
ited shall be retained by the city. If the transfer is
denied, the amount deposited shall be returned to
the party depositing the same, in accordance with
the requirements and conditions in Section 310.10.
(e) Transfer ta�• uception Pazagraphs {c) and
(d) shal] 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
§ 330.11
is provided for on the part of the transferee before
any transfer of license is made effective by the
action of approving the transfer.
(� Transfer; defznition. "�ansfer," as used in
these chapters, shall include a transfer from per-
son to person, or from place to place, or a transfer
of stock in a corporate licensee, or of shares or
interests in a partnership or other legal entity.
"n as used in these chapters, shall not
include the instance where a license is heid 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 borzd to accompany appli-
cation In the case of a transfer from person to
person, the application for transfer shall be ac-
companied by a written assignment of all rights
of the original licensee in and to the license and
shal] be accompanied by a surety bond in amount
and in form required of an origina] licensee.
(h) Public corporations. Notwithstanding other
provisions of this chapter, publicly owned corpo-
rations whose stock is traded in the open market
may comply with the transfer requirements per-
taining to stock ownership and stock transfer by
furnishing the inspector on request with the names
and addresses of al] stockholders of record upon
each renewal of the license.
(i) Affidauit of transferor. No license transfer
shall be effective unless the transferor submits
an �davit of such transferor, taken under oath,
stating the following:
(1) That in the case of Class III licenses, the
transferor-a�ant 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;
t2) 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 employed by the trans-
feror or that an agreement has been reached
2035
4 310.11 LEGISLATIVE CODE � ' �
between transferor and all employees as to
the payment of wages due and owing;
(4} That transferor has made payment to all
employees in lieu of vacation time earned
by said empioyees or in lieu thereof an
agreement has been reached between trans-
feror and all employees as to payment in
lieu of vacation time earned;
(5) That transferor has satisfactorily and com-
pletely complied with his contractual obli-
gations pex�taining to employer contributions
to employee benefit programs which include,
but are not limited to, pension programs,
hospital, medical and life insurance programs,
profit-shazing programs and holiday pay
benefits.
(j) Dece¢sed luensee Notwzthstanding any other
procision 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 autfiorized repre-
sentative of the estate of the deceased licensee
may consent to and seek to transfer said license
to the surviving spouse of the licensee. The trans-
fer shall be subject to all applicable requirements
of these chapters and existing law.
(k) No approu¢Z under certain conditiorzs. The
council shall not approve any transfer where ei-
ther party has not complied with the terms of any
contract or agreement regazding employee bene-
fit or fringe benefit programs; including, but not
limited to, pension, hospitalization, medical and
life insurance, profit-sharing or holiday pay pro-
grams; pro��ided, that any person or organization
objecting to a transfer because of faiIure to pay
employee benefit or fringe benefit programs shall
file a written notice of objection n-ith the license
inspector seven (7) days prior to the scheduled
pubIic hearing on the transfer, and said notice
shall contain a complete itemization of the objec-
tor's claim.
(I) Transfer of more than one licerzse if one is
Class III. ff 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 licen�es.
Supp. No. 4
(Code 1956, § 5I0.11; Ord. No. 16822, 9-3-81; Ord.
No. I7551, § 3, 4-19-88)
Sec. 310.12. Inspectioa of gremises.
The premises, facilities, place, device or any-
thing named in any license issued pursuant to
any provision of the Saint Paul Legislative Code
or other law shall at all times while open to the
pubiic or while being used or occupied for any
purpose be open also to inspection and examina-
tion by any police, fire, or health o�cer or any
building inspector of the city, as well as the inspector.
(Code 1956, 6 510.12)
Sec. 310.13. Renewal.
Every license renewal under these chapters may
be denied for any licensee who is delinquent in
any payment or contribution to a fieaIth and wel-
fare trust or pension trust, or similar program,
established for the benefit of his employees.
(Code 1956, § 510.13)
Sec. 3I0.14. Savings clause.
(a) If any provision in these chapters is held
unconstitutiona] or invalid by a court of compe-
tent jurisdiction, the invalidity shail extend only
to the provision involved and the remainder of
these chapters shaIl 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-
iag or prosecution had or commenced in aay mat-
ter, prior to the date this ordinance became effec-
tive. Every such act done or right vested or accrued
shall remain in fuIl force and effect to all intenfs
and purposes as if the repealed ordiaances had
themseIves remained in force and effect. Every
such suit, proceeding or prosecution may be con-
tinued after repeal as though the repealed ordi-
nances were fulty in effect. A suit, proceeding or
prosecution which is based upon an act done, a
right vested or accrued, or a violation committed
prior to repeal of the repealed ordinances, but
which is commenced or instituted subsequent to
repeal of the repealed ordinances, shall be brought
2036
� a
9������
f "_� .
�� <.
��..
LICEN6ES
pursuant to and under the provisions of such re-
pealed ordinances as though they continued to be
in full force and effect.
(Code 1956, § 510.14)
Sec. 310.15. Penalty.
Any person who violates any provision of these
chapters, or other ordinances or laws relating to
licensing, or who aids, advises, hires, counsels or
conspires with or otherwise procures another to
violate any provision of these chapters or other
ordinances or laws relating to licensing is guilty
of a misdemeanor and may be sentenced in accor-
dance with section 1.05 of the Saint Paul Legis-
lative Code. The term "person," in addition to the
definition in section 310.01, shall for the purpose
of this section include the individual partners or
members of any partnership or corporation, and
as to corporations, the officers, agents or members
thereof, who shall be responsible for the violation.
(Code 1956, § 510.15)
Sec. 310.16. Reserved.
Editor's note�Section 310.16, pertaining to license fees
aad annual iacreases, and derived from Ord. No. 16855, adopt-
ed Feb. 11, 7982; Ord. No. 17059, adopted Oct. 20, 1983; and
Ord. No. 17303, adopted OM. 29, 1985, was repealed by Ord.
No. 17884, § 1, adopted I�TOV. 19, 1991.
Sec. 310.17. Licensee's responsibility.
Any act or conduct by any clerk, employee, man-
ager or agent of a licensee, or by any person pro-
viding entertainment or working for or on behalf
of a licensee, whether compensated or not, which
act or conduct takes place either on the licensed
premises or in any parking lot or other area ad-
jacent to (or under the lease or control ofl the
licensed premises, and which act or conduct vio-
lates any state or federal statutes or regulations,
or any city ordinance, shali be considered to be
and treated as the act or conduct of the licensee
for the purpose of adverse action against all or
any of the licenses held by such licensee. To the
ea�tent this section is in eonflict with sections 409.14
and 410.09 of the Legislative Code, this section
shall be controlling and prevail; but shail not other
wise amend, alter or affect such sections.
(Ord. No. 17629, § 1, 1-31-89)
Supp. No. 2S
Sec. 310.15. 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 inciude the fee for the li-
cense appiication 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 a£ the director of the office of
license, inspections and environmental protec-
tion. These fees shali be effective for license re-
newals and new license applications occurring on
and after January i, 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�cisting fees paid, or due
and owing.
(a) ENFORCEMENT LEVEL 1
Ch¢pfer/Section
No. License Description Fee
167 Commercial Vehicle $66.00
316 Anima] Foods Management & Dis-
tti6ution 66.00
317 Amusement Rides 66.00
323 Christmas'h�ee Sales 66.00
325 Close Out Sale 66.00
327 Dry Cleaning Pickup Station 66.00
331 Beverage Vehicle 66.00
332 Liquid Fuel Vehicle ` 66.00
333 Solid Fuel Vehicle 66.00
336 Private Fuel Pump 66.00
339 Ice Cream Vehicle 66.00
340 Mercantile Brokes 66.00
345 Peddler (SolicitovlYansient) 66.00
348 Rental of Clothing & Vehicle 66.00
349 Aeatal of Clothes Attire Vehicle 66.00
350.02 Rental of Hospital Eqnipment 66.00
350.02 Reatal of Hospital Equipmeat Ve-
hic3e 66.00
351 Rental of Kitchenware 66.00
3b3 Roller Rinks 66.00
355.Q1 Secondhand Dealer-
(a) & (b) Single Location 66.00
2037
§ 310.18
ChapLerlSection
No.
357.03
359
371
361.14
3S2
372
376.16(d)
377
380
382
412
424
424.02
��
License Description
Refuse HaulerEach Yetucie Over
Oae
Sovnd 'tYvcks & Broadcast Vehi-
cles
Flnishing Shop
1bw'ilvck/R'recker Vehicle
Tree 1]immer Additinnal Vehicle
1Tre Recapping Plant
Tasicab Driver (new)
Lawn Fertilizer & Pestiode Ap-
plication
�aaniag Facility
Pet Gzooming
Massage Center (Class B)
Massage Therapist
Gasoline Filliag Statioas
(b) ENFORCEMENT LEVEL 2
Chapter/Section
No. License Ducri.ption
320
321.03
322.03
(a) & (b)
324
326
327
332
333
334
338
342
347
352
354
355.01(c)
356
362
364
365,02
367
378
379
401
405.02(a)
406
408
412
415.04
416
426.04
Bitumiaous ContracWr
Rooming & Boazdinghouse
Bowling Center & Pool Halls
Cigatettes
Bwlding Contractors
Lanadry & Dry Cleaaing Plants
F1ie1 Dealezs-Liquid
fi�e1 Dealers---3olid
Pest Contml
Hoiuse Sewer Contractors
Oil Bulk SWrage
Pet Shop
Rental of 1Yailers
Sanitary Disposal Business
Semndhand Dealer-Fshibitions
Sidewalk Contractors
'hee 2Yimming
Veterinary Clinic
Window Cleaning
Tettoo parlors
Bed & Bzeakfast Resideace
Lock Opening Services
Motorcycie Dealer
Dance Hall
Game Room
Recycling Collection Centet
Massage Center (Class A)
Theaters and Movie Theaters
Motion Picture Drive-in TheaEer
Cabazet (Class A & B)
LEGISLATIVE CODE
(c) ENFORCEMENT LEVEL 3
Fee
66.00
66.00
66.00
66.00
66.00
66.00
66.00
66.00
66.00
66.00
66.00
66.00
66.00
ChapterlSection
No. License Descriptzon
354
355.01(d)
357.03
360.03
360.03
361.14
376.04
4D1.02(a)(1)
401A2(a)
401.02(a7(5)
401.02(a)(2)
407.03
407.03
412
413
415
F � 417.04
a�- cs>
$164.00 422
164.00 423.02(b)
427
Sanitary Disposal Pehicle
9econdhand Dealer-Multiple Deai-
ers
Refuse Hauler & Ve}ucle
Public Swimmiag Pools
WhirIpools
7bw RYuck Operator
Ta�cabs
New MoTOr Vehicle Dealer
Motor Velucle Parts Dealer
Secondhand Dealer MoWr Yehicle
Parts
Secondhand Motor Vehicle Dealer
Ho2eUMote1-1b 50 zooms
Hotel-Each additional mom over
50
Massage Center (Class C)
Coaversation/Rap Pazlor (A & B)
Mini-Motion Pictuze Theater-
Adult
Pazking Lots
164.00
164.00
164.00
164.00
isa.00
164.00
164.00
164.00
164.00
164.00
164.00
164.00
264.00
164.00
164.00
164,OQ
164.00
I64.00
164.00
164.00
164.00
164.00
164.00
164.D0
164.00
164.00
164.00
164.00
428
Motor Vehicle Salvage Dealer
Auta Body Repair Gazage
Health Sports Ciuba (Class A &
B)
Steam RoomBath Hovse (A & B)
(d) ENFORCEMENT LEVEL 4
Chapter/Section
No, License Descripfion
331.04
331.04
332.04
331.04
331.04
331.04
331.04
331.04
331.04
331.04
Bakery (A)
Bakery (B)-Add on
Butcher (!�
Butcher (B)-Add oa
Cateriag (t�-Limited
Catering (B)-Full
Catering <C)-Acld oa
Day Care Food (A)
Day Care Food B)
Food Pzceessor/Distribvtor/Ware-
house
Food Salvage
Foad Vehicle (E�
Food Vehicle (B)
Food Ueading Machine
Food Vendiag Operator
Food Warehouse/DistribuWr
FoodBoarding Facility
Food/Institutional Facility
Gxocery (A)
Grocery (B)
Gmcery (C�1b 2,000 sq. ft.
Fee
$317.00
317.00
319.00
317.00
317.00
31?.00
317.00
317.00
317.00
317.00
31i.00
317.00
317.00
317.00
317.00
317.00
317.00
317.00
317.00
317.00
317.00
Fee
$135.00
69.00
135.00
S5.D0
201.00
252.00
180.00
5.00
' 5,00
135.00
I50.00
67.00
60.00
15.00
60.00
67.00
135.00
5.00
5.00
&3.00
150.00
�� �
Supp. No. 28 2038
i -��: ._, � � �;.. +�
�' ^.
i
��€�;
��' �,:
�
Ch.apter/Section
No. L'uerzse Description
331.04
331.04
331.04
331.04
339
Grocery (D)-More than 2,000 sq.
ft.
Mabile Food
Mobile Food-Limited
Origiaal Container
Restaurant (A�0-12 seats
Restaurant B)-r4ore than 12 seats
Restaurant (C)-Limited
Restaurant(D)-Add on
Restavraat (E)-Extension
Special Event Food Sales-l-3
days
Special Event Food Sales-4--14
days
Special Event Food Sales-Annual
Specia] Event Food Sales-Fee
Waived
Ice Cream Products, Process &
Distribution
(e) ENFORCEMENT LEVEL 5
Ch¢pter/Section
No. License Description
409
409.05(b)(1)
409.05(b)(2)
409A5(b)(3)
409.25(b)
409
409.05(e)
409.07(b)(2)
409.11(a)(8)
409.15(b)
40925
410.02
430.02
430.02
410.10(aJ
411.03
411.03
411.03
411.03
Intoxicatiag Liquor
On-5ale-Over 200 seats
On-Sale--Over 100 seats
OaSale--100 seats or ]ess
Temporary Liquor
On-sale Club-Under 200 mem-
bers
On-sale Clutr-201--500 membe:s
On-sale Club---501-1,000 mem-
hers
Oo-sale Club-1,001-2,000 mem-
�s
On-sa]e Club--2,001-4,000 mem-
bers
On-sale Club--4,001--6,000 mem-
��
On-sale Club---6,000+ members
ox sale
Sunday On-Sale
Extension of Service
Wine OnSa]e
Temporary Wine
On-Sale Malt (Strong)
On-Sale Malt (32)
OffSale Malt
Tempozary Malt
Entertaiament-Class A
Entertainment--Class B
Entertainment-Class C
Entertaioment Temporary
Supp. No. 28
LICEtiSES § 310.19
(fl ENFORCEMENT LEVEL 6
Fee
Chapter/Section
No. License Deurzprion Fee
159.00
135.00
50.00
41.00
201.00
405.OQ
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
7s7.00
997.00
1,997.00
2,997.00
l,000.00
200.00
53.00
1,355.00
46.00
445.00
445.00
59.00
as.00
21200
527.00
2,500.00
27.00
127 Courtesy Benches $ 20.00
167 Commercial Vehicle-Replace-
ment 18.00
225.08 FSrearms 44.00
278 Gambling Hall 354.00
318 MAD Operator with up to 10 583.00
Each MAD ovez 10 42.00
Music Machine 44.00
Amusemeat Rides to 10 301.00
Amusement Ride over 10 28.00
TV. Units per location 28.00
341 Single Service Container 445.00
344 Pawa Shops 2,500.00
345 'hansient Merchant 65.0�
376.16 Taxicab Driver Renewal 21.00
Tar.icab Driver Duplicate 6.00
'I�asicab Duplicate Plate 16.00
Taxicab Vehicle Replacement 44.00
391 Soliciting �nds-Tag Days 21.00
401 Secondhand Dealer Motor Vehicle
Parts-secoad location 87.00
402 Temporary Gambling (3 types) 21.00
403 Bingo Halls 179.00
40924(1) Gambling Manager 66.00
409.05(j) Gambling Location-A 66.00
409.05(j) Gambling Locatioa-B 66.00
409.05(j) Gamhling Location-C 66.00
409.04(g)(5) ModificaUon of Parking 375.00
357.03 Solid Waste 1Yansfer Station 1,500.00
408 Recycling Processing Center 750.00
414 Massage Therapy-Practical Exaxn-
ination Fee 50.00
414 Massage Therapy-Written Exam-
ination Fee 20.00
429 Infectious Waste Processing Facil-
ity 1,500.00
(QF. I3o. 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.
94-1447, § 1, 12-14-94)
Sec. 310.19. Discount from on-sale intoxicat-
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 appro�cimately seven (7) per-
cent, in the exact amounts as further provided
herein, contingent upon each of the following con-
ditions:
(1) Driuer's lacense guide; compil¢tion of laws.
The licensee shall maintain on the prem-
2039
§ 310.19 LEGISLATIVE CODE
ises, in a location accessibte 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
shali &st 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-
coholie 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 also include
Chapters 240 through 246, 409 and 410
of the Saint Paul Legislative Code.
(2) Signage. The licensee shall maintain on the
prexnises, in all customer areas, current sig-
nage relating to underage consumption of
alcoholic beverages, and relating to driving
under the influence of alcohol. One (1) sign
must be located behiud the bar, and oae (1)
sign must be present in each additional
room or seetion within the lounge azea in
which the writing on the sign behind the
baz is not cleazly legible. The sign(s) must
have dimensions of at least one (1) foot by
one (1) foot with letters at least one-half
(�/s) inch in height. All signs must be com-
fortably readable from a distance of fifteen
(15) feet.
(3) Contract mith security ¢geney.
a. GeneraZly. The licensee shall partici-
pate in a training program with an ap-
proved private security agency, firm or
association (hereafter "security agen-
c�') which is selected and contracts with
the City of Sauxt Paul for the purpose
of providing investigations and train-
ing to the licensee pursuant to this sub-
section. The city contract shalI 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-
L�
c.
vestigative services, and (ii) that the
security agency shall charge the same
amount to all licensees who choose to
receive such services, so that all such
licensees aze treated equally and with-
out discruninatioa.
Inaestig¢tion. The contract with the city
shall provide for and require one (1) or
more investigations by the security
agency each calendar yeaz into the prac-
tices of the ficensee wif.h respect to (i}
age identifrcation of eustomers in order
to prevent sales of alcoholic beverages
to minors, and (ri) preventzng the sale
of alcoholic beverages to persons who
aze obviousIy into�cated. The conisact
shall require that the secarity agency
disclose the results of all such investi-
gations to both the licensee and, at no
cost to the city, to the office of license,
inspections and environmenfal protec-
tion, within ten (10) days after such
investigations are concluded. Failure to
do so will be grounds for adverse action
against the licensee's licenses. The con-
tract shall require that alI sucfi inves-
tigdtIOIIS shall incZude 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 *n,n;m;�e or eliminate con-
fficts of interest in pmviding and re-
porting on investigations of licensees.
�aining. The contract shall also pm-
vide for alcohol awareness training by
the security agency af all o8icers, 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 daring the calendar year
shall receive such training within four
(4) weeks following their hiring, and
shall not work in the premises after
that fourweek period until tfiey have
received such training.
�� .
�
Supp. No. 28 2040
95-����
,n
Q �$��
LICENSES
§ 371.02
d. Standards for approu¢l. Tn 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-
cohol intoxication.
(d) Recognition of the signs of in-
toaucation.
(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 alcohol on pregnant
women and their fetuses, and
in other vulnerable situations.
2. The security agency shall have a
minimum of two (2) years actual
experience in alcohoi awareness
training. The courses may be giv-
en by one (1) or more instructors,
but each instructor must have a
formal education andlor 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 dollars ($4,700.00); on-sale
liquor over one hundred (100) seats: four thou-
sand three hundred twenty-five dollazs ($4,325.00);
and on-sale liquor up to one hundred {100) seats:
three thousand nine hundred dollars ($3,900.00).
(C.E No. 94-1447, § 2, 12-14-94)
Chapter 311. Public Telephones; Licensed
Premises
Sec. 311.01. General; definitions.
This chapter shall apply to any business li-
censed by the City of Saint Paul where a tele-
phone accessible to the publac is located on the
licensed premises. The term `licensed premises"
shall mean and include, for the purposes of this
chapter, all the property, whether in or out of a
building or structure, which is (a) used 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, executive and manager oF
such corporation, partnership or other entity.
(C.F. No. 95-64, § 1, 2-8-95)
Sec. 311.02. Responsibility of licensees.
It is the responsibility of every person holding a
license issued by the City of Saint Paul as a con-
dition of that license and its continuation to take
adequate measures to insure that every telephone
on the licensed premises is not used for the pur-
pose of distribution, sale, use or possession of con-
trolled substances, prostitution or other criminal
2040.1
§ 311.02 LEGfSLATLVE CODE
activity. Failure to comply with the terms and re-
quirements of this chapter shall be grounds for
adverse action.
(C.F. No. 95-64, § 1, 2-8-95)
Sec. 311.03. Designation of problem tele-
phones.
The director of the o�ce of license, inspections
and environmental protection may by written or-
der designate one (1) or more public telephones
tocated on the licensed premises of any licensee as
a problem telephone. Such designation shaII be
based upon evidence whieh 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
eust:
(a) The telephone is regularly or frequently
used to further the distribation ofc;ontmlled
substances, prostitution or other rr;m;nal
activity.
(b) The unrestricted use of the telephone (i)
contributes to loitering or congregation in
the area or disturbs the peace, quiet or per-
sonat safety of other persons in the azea, or
(u) contributes to the existence of a nui-
sance as defined in section 310.17(c) of the
Saint Paul Legislative Code.
(c) The telephone is detrimental to the public
safety.
(d) The telephone unreasonably interferes with
the flow of pedestrians or vehiculaz traffic.
(e) The telephone unreasonably interferes with
the use of crosswalks, traffic signs or sig-
nals, hydrants or mailboxes.
(fl The telephone unreasonably interferes with
ingress or egress from any residence or place
of business.
(g) The telephone is deemed by the traffic en-
gineer to be a safety concem or hazard.
(h) The telephone is considered egcessive giv-
en the number af other publie telephones in
the area and that the aggregate number of
public phones contribute directly to any con-
ditions listed in subsections (a) through (g3
above.
(C.F No. 95-64, § 1, 2-8-95)
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 shall conduct an informal hear-
ing to determine whether a particular telephone
is a pmblem telephone 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' writtea 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 direcfur 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 finding of fact that the particular
telephone is a problem telephone, the director or
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 including, but not limited to, the follow-
ing.
(1) Modifications to tfie public telephone
through use of existing techno2ogy to pre-
vent persons &om usirig the telephone to
facilitate criminal activity.
(2) Installation o£ a lockup telephone in place
of the existing telephone, or of devices that
effectively prevent the use of the telepfione
egcept under the supervision of the licens-
ee or law enforcement authorities.
(3) Madifications to the telephone to prohibit
the reception of all incoming calls.
(4) Movement of the telephone to a different
location on the licensed premises.
(5) Modifications to the telephone through the
use of eavsting technology to prevent its use
for calls to pagers and/or cellular telephone
numbers.
(6) Modifications to the telephone to prevent
its use by payment in coins, and/or restric-
tions on the provision of coins suitable for
use in the telephone by the licensed busi-
ness and its employees, manager and own-
er
r�
; `-�
N �, ,;'
.
Supp. No. 29 20402
§322.03 9�
I.EGISLATIVE CODE -
Sec. 322.03. Hovrs of operation; cause for re�
vocation.
The keeper of any such pool or billiazd room
shall not allow the same to be kept open or used
by any person later than 12:00 of any night and
the same shall thereafter remain closed until i:Op
each morning. There shall 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 Iiquor li-
cense must, during tbe hours of prohibited sale of
such liquors as set forth in section 409.07 of the
Saint Paul Legislative Code, cover all liquor and
liquor dispensing devices and must secure them
from public view and accessibility by a laclang
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 council of the City of Saint
Paul.
(Code 1956, § 406.04; Ord. No. 1i557, § 1, 5-10-88)
together with the name of the person from whom
and the place from which he intends to cut or
secure the trees intended to be sold.
(b) All applications for licenses, in each and
every calendaz year, shall be filed prior to ?Qa
vember 1 of said year, and no applications re-
ceived on or a£ter 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, fir, spruce or other
trees of like kind for what are known and de-
scribed as Christmas trees shall 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 323. Christmas'i�ee SaIes
Sec. 328.01. License required.
No person shall, in Saint Paul, trade, barter or
sell any cut evergreen, fir, spruce or other tree of
like kind for what is generally knomn and de-
scribed as a Christmas tree cvithout a license. This
chapter shall not apply to the use of omamental
trees hacing a height of less than thirtysix (363
inches which are fireproofed and sprayed with col-
oring and sold by licensed florists.
(Code 1956, § 361.013
Sec. 323.02. Fee.
The fee required is forty-twodollars ($42.00) and
shall not be prorated for a period of less than one
(11 year, notwithstanding any otber provision of
these chapters.
!Code 1956, § 36i.03; Ord. No. 16883, 2•11-82)
Sec. 323.03. Appiication.
(a? Every applicant for such license sha11 file
an application stating, in addition to other r�
quired information, his name, address and the ad-
dress of the place of intended sale of such trees,
Chapter 324. Tobacco
Sec. 324.01. License required.
(a1 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
tobaeco, 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:
(1) All tobacco vending machines shall be op-
erabie only by f.be activation of an elec-
tronic switch operated by an employee of
the establishment before each sale, or by
insertion of a taken provided to the pur-
chaser by an employee of the licensee; and
(2) The machine shail be located in the imme-
diate vicinity, plain view and control of a
responsible employee so that all tobacco pur-
chases wili be readily observable by that
employee. The tobacco vending machine
shall not be located in a coatroom, restroom,
unmonitored hallway, outer k�aiting azea
or similaz unmonitored azeas. The tobacco
Supp. No. 26 20¢6.2
9���.0�fi
.�
LICENSES
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 corporation
that operates the principal business at that ad-
dress. Each vending machine shall be required to
have a sepazate license.
iCode 1956, § 366.02; Ord. No. 1i714, § 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 permit the licensee to sell to-
bacco at retail at the one (1) location spec�ed in
said license, and a sepazate license shall be re-
quired for 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 following words and phrases, as used in
this chapter, shall, for the purposes of this chapter,
have the meanings respectively ascrihed to them
in this section, except in those cases where the
context clearly indicates a different meaning.
(1) Cigarette paper and cigarette wrapper means
and includes any paper or other substance
or materials, except tobacco, used as a
wrapper or cover for a cigarette, as herein
de�ned.
(2) S¢le means and includes any transfer, con-
ditional or otherwise, of title or possession.
(3) Sa1e ¢t ret¢il means and includes all sales
except those where the merchandise is soId
for the purpose of resale by a person prin-
cipally engaged in selling merchandise £or
resale.
(4) Tob¢cco means cigazettes, cigars, snuff,
chewing tobacco, dipping tobacco, or any
other kind or form of tobacco prepazed in
such a manner as to be suitable for chewing
or smoking.
(�) Tobacco vending machine means a machine
for vending tobacco by the insertion of a
coin.
(Code 1956, § 336.01; C.F. No. 94-341, § 3, 413-94)
Supp. No.26
Sec. 324.04. Fee and duration.
§ 324.07
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 D4azch 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.1Qo. 17356, § 1, 8-19-86;
C.F. 2Qo. 92-193Q, § 1, 1-14-93; QF. ?�o. 94-341, §
4, 4-13-94)
Sec. 324.05. Application.
In addition io 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 office of license, inspections and environ-
mental protection (LIEP) a list of all locations of
sale andlor the location of each vending machine
for which lieense applications aze 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. No. 84-341, § 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 affuc his or her name, address and
telephone number in a conspicuous place on each
machine.
(Code 1956, § 336.06; C.F. No. 94-341, § 6, 4-13-94)
Sec. 324.07. Sales prohibited.
No person shall sell or dispense cigarette paper
or cigazette kTappers from a vending machine or
a motor vehicle. No person shall sell 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
9�v�Q��
LEGISLATI4'E CODE
this chapter shall 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. No. 94-341, § 7, 4-13•94)
Sec. 324.08. Distribution of free tobacco
products prohibited.
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. :30. 17i14, § 1 2•20-90;
C.F. 92-1930, § 2, 1-14-93; C.F. No. 94-341, § 8,
4-13•94)
Sec. 32A.09. Use of false identification by mi-
nors prohibited.
No person under the age of eighteen f 18) years
shall purchase tobacco or tobacco-related devices,
as those terms aze defined by Minnesota Statutes,
Section 609.685, subdivisions lta) and 1(b), 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 materiai fact of iden�cation.
(Ord. I�TO. 17733, § 1, 5-8•90; C.F. No. 94341, § 9,
4-13-94)
Sec. 324.10. Use of tobacco prohibited.
No person under the age of eighteen (18) years
shall purchase, use or possess tobacco or tobacco-
related devices, as those terms aze defined by Min-
nesota Statutes, Section 609.685, subdivisions 1(a)
and 1(b).
(Ord. No. 17733, § 2, 5-5-90; C.F. No. 94-341, § i6,
4•13-94)
Sec. 324.11. Presumptive penalties.
!a) Purpose. The puzpose o£ this section is to
establish a standard by which the city council de-
termines the amount o£ fines, length of license
svspensions and the propriety of revocations.
These penalties aze presumed to be appropriate
for ecery case; however, the council may deviate
therefrom in an individual case where the council
fmds and determines that there exist substantiai
and compelling reasons which make it appropriate
to do so. When deviating from these standazds,
the council shall provide written reasons that
specify why the penalty selected was more appro-
priate.
(b) Presumptivepenaltiesforuiot¢tions.Adverse
penalties for violations or convictions shall be pre-
sumed as follows:
Type oj
Yolation Appenr¢nce
Isi 2nd 3rd 4:h
(1) Sale of $200.00 $400.00 30-day Revo-
tobacco to a fine fine sus- cation
minor pension
(Ord. I�TO. 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.
No person shall advertise, represent or hold out
that any sale 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 £ire, smoke,
water or otherwise in Saint Paui without a li-
cense to conduct such saIe. This shall not apply to
sheriffs, constables or other public or court of-
ficers, or to any other person or persons acting
under the license, direction or authority of any
court, state or federal, selling goods, wares or mer-
cha�dise in the course of their o�cial duties.
(Code 1956, §§ 368.01, 368.09} •
Sec. 325.02. Fee.
The fee required is one hundred six dollars
($106.00).
(Code 1956, § 368A2; Ord. No. i6883, 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,
xw�
��
�S
Supp. No. 26 2046.4
95�-1�a8
609.68d CRIMINAL CODE �qb
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 sell glue, cement, or aerosol paint containing intoxicating
substances, to a penon 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 into�cication, 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 substance listed in subdi-
vision 1 other than butane or butane lighters shall post a sign stating that it is illegal
to sell butane or butane lighters to anyone under the age of 18. This sign shall fulfill the
requirements under this subdivision.
History: 1992 c 485 s 2
609.685 SALE OF TOBACCO TO CHILDREN.
Subdivision 1. Definitions. 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 saaps, 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. Gmss misdemeanoc (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 re(ied 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 tobaceo related devices and is
under the age of 18 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 op 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 furnished as part of a
traditionai 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.
Hisrory: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 290 art
3 s 33,34; 1992 c 588 s 1; 1993 c 224 ari 9 s 44,45; 1994 c 636 art 2 s 44
M�. Jan,Lce 8a,i�
b00 Se.�by Avenue
S�t. Pau,2, MN
June 29, 1995
Ta Whom I� May Conce�cn�
95
Un Apn,i.0 4�h, 1995. A emp2oyee a5 Fynami,d Mcu�lzet, �v.2d a packaye o5 ci.ycvice�te.
To an undeh age pe�u,on unhnauu.ngQy.
The emp2vyee 2n que��i,an adm.i,t .that he ba.i,� �o ahk Soa pnopeJc Idewti.sac�i,on.
and -i.n Zhe 5i�tune he w.iX2 entiebu2.ey I.D. c.i.ganeZte cub�umeJ�S.
Pynami.d Ma�che,t wou2d Zi.ke �ta apo2ag�.ze gon yhave e�vcon o� judgemev�t.
S�.ncehe2y,
1avu,ce 8a.i�
�/CY'/x-P `° �f� �
�
9��i6�
STATE OF MINNESOTA }
) ss.
COUNTY OF RAMSEY )
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on June 1, 1995, she served the attached NOTICE OF HEARING on
the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Janice L. Bias
Pyramid's Market
600 Selby Avenue
Saint Paul, MN. 55102
(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. ,,��� �
i
Subscribed and sworn to before me
this lst day of June, 1995.
l!.�e.�.�- �— .��Qo�
Notary ublic
~ BELVA J. FLOYD j
M�t1�itYPl1&,IC £
RAMSEY COUNTY g
� eHcomm.Ex�oeaaan.si.z000�
�
June 21, 1995
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS A � , � Q ��
100 Washington Square, Suite 1700 �j1
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Gail Langfield
Assistant City Attomey
Office of the City Attorney
400 City Hall
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
RE: In re the Licenses of Janice L. Bias, d/b/a Pyramid's Mazket; OAH Docket No. 9-
2101-9761-3
Dear Ms. Langfield:
Per your letter of June I5, 1995, enciosed find the two subpoenas you requested in the
above-entitled matter.
Sincerely,
(���: �. . � �f`
PHYLLIS A. REHA
Administrative Law Judge
Telephone: 612l341-7611
Ic
enciosure
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 � TDD No (612) 341-7346 � Fax No. (612) 349-2665
9����
��� STATE OF MINNESOTA
� _ OFFICE OF ADMINISTRATIVE HEARINGS
��� ...; � �
HEARING SUB20EI�iA
TO: Sergeant Per Tredal, 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 Hall, Room
42, 15 West Kellogg Boulevard, in the City of St. Paul, Ramsey County,
Minnesota, on the 30th day of June, 1995, at 9:30 o'clock in the forenoon, to
appeaz as a witness in the matter of All Licenses Held by Janice L Bias dib/a
Pyramid's Mazket for the Premise located at 600 Selby Avenue in St Paul
Minnesota.
YOU ARE FURT'I�R 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, Mimiesota
this Z ts f of June, 1995
W�
KEVIN E. 70 SON
Chief Administrative Law Judge
612/341-7600
Subpoena requested by Gail Langfield, Assistant Cty Attorney
Telephone: (612) 266-8710
95-1058
�,.'
�;..
� ;a¢r�;
� `�. �1=;�
;�....
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
HEARING SUBPOENA
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 appear before Administrarive Law Phyllis A. Reha of the O�ce of
Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room
42, 15 West Kellogg Boulevazd, in the City of St. Paul, Ramsey County,
Minnesota, on the 30th day of June, 1995, at 9:30 o'ciock in the forenoon, to
appeaz as a witness in the matter of All Licenses of Janice L Bias d/F /a
Pvramid's Market for the Premises located at 600 Dale treet North in t Paul,
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'z � S �'of June, 1995
�,�0
KEVIN E. JOHN N
Chief Adminisuative Law Judge
612/341-7600
Subpoena requested by Gail Langfield, Assistant Cty Attorney
Telephone: (612) 266-8710
OFFICE OF TAE CTI'1' AT'I'ORNEY
T'uxoUry E. Mmx, Ciry Attomey
v
�7
CITY OF SAINT PAUL
Nottn Co7e+rtart, MaY°�
Civi1 Dividon
400 City HaA
IS Wa1 Ke7logg Blvd
Saint Paul, Minnesota SS102
Telephone: 612 2665710
Facdndle: 612 298-5619
June 15, 1995
Judge Phyllis Reha
Office of Administrative Hearings
100 Washington Squaze, Suite 170Q
Minneapolis, Minnesota 55401-2138
VIA FAX AND U.S: ��YIAIL
RE: _Tn re The I_�ces�s ef T,,^:^� T_. T_�iw �bz u �' r� vr.
- z- _ s ::...,:
License ID No. 55904
Our file Number: G95-0164
Dear 3udge 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
heard 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 Janice L. Bias dba Pyramid's Market.
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. lith 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 regazding this request, please do
not hesitate to contact me at 266-8748. Thank you for your consideration in ttris matter.
Sincere y,
�� �
Gail Lan eld
Assistant City Attomey
t
- OFFICE OF THE CITY ATTORNEY
TimothyE. Masx, CiryArromey
�� in�Q
CITY OF SAINT PAUL (� - c�aDn.;rion
Norm Coleman, Mayo� 74 �_,.—% :'�^=�f00 Cuy Hall Telephonc 6I2 266-8710
�� IS Wes1 Kellogg Btvd. Facsimile: 672 298-5619
� - SaintPaul, Minxesota 55102
w++. ... � .-. . : ' l
June 1, 1995
NOTICE OF HEARING
Janice L. Bias
Pyramid's Market
600 Selby Avenue
Saint Paul, Minnesota 55102
RE: All licenses held by Janice L. Bias dba Pyramid's Market for
the premises located 600 Selby Avenue in St. Paul
Dear Ms. Bias:
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: 9:30 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 Administrat?ve Hearings:
Name: Phyllis Reha
office of Administrative Hearinqs
S00 Aashinqton 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
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penalties or conditions.
Evidence will be presented to the judge which may lead to adverse
action against all the licenses you hold at the above premises as
follows:
"That on March 16, 1995, a clerk or other employee for
the licensed establishment known as Pyramid's Market sold
cigarettes to a minor under the age of is years old in
the licensed premisis."
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 for the record. The City will then present its
witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then of£er in rebuttal any
witnesses or evidence it may wish to present, each of whom the
City's attorney may cross-examine. The Administrative Law Judge
may in addition hear relevant and material testimony from persons
not presented as witnesses by either party who have a substantial
interest in the outcome of the proceeding; for example, the owners
or occupants of property located in close proximity to the licensed
premises may have substantial interest in the outcome of the
proceeding. Concluding arguments may be made by the parties.
Following the hearing, the Judge will prepare Findings of Fact,
Conclusions of Law, and a specific recommendation for action to be
taken by the City Council.
You should bring to the hearing all documents, records and
witnesses you will or may need to support your pcsition. Subpoenas
may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part
1400.7000.
If you think that this matter can be resolved or settled without a
formal hearing, please contact or have your attorney contact the
undersigned. If a stipulation or agreement can be reached as to
the facts, that stipulation will be presented to the Administrative
Law Judge for incorporation into his or her recommendation for
Council action.
If you fail to appear at the hearing, the allegations against you
which have been stated earlier in this notice may be taken as true
and your ability to challenge them forfeited. If non-public data
I
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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, Airector, LIEP
Frank Staffenson, Deputy Director, LIEP
Nancy Thomas, office of Administr�tive Hearings, 100
Washington Square, Mpls, MN 55401
Anna Petefish, Community Organizer, Summit-University Planning
Council, 627 5elby Ave., St. Pau1, MN 55104