10-975Amended 9/22/2010
RESOLUTION
Council File # 10 -975
Green Sheet #-3 / / (oTq
CITY OFrSAINT PAUL, MINNESOTA 2g
1 WHEREAS, adverse action was taken against all licenses held by Paul Kamp d/b /a Kamp's
2 (License ID #0044113) for the premises located at 1059 Western Avenue North in Saint Paul by Notice of
3 Violation dated August 9, 2010, alleging licensee failed a liquor compliance check on July 22, 2010, by
4 selling alcohol to an underage person in violation of Minn. Stat. § 340A.503 Subd. 2 (1) and Saint Paul
5 Legislative Code § 410.04 (a) (1); and
6
7 WHEREAS, per Saint Paul Legislative Code § 310.05 (m) (2), the licensing office recommended a
8 $500.00 matrix penalty; and
9
10 WHEREAS, the licensee did respond to the Notice of Violation to request a public hearing which
11 was held on September 15, 2010; and now, therefore, be it
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RESOLVED, that Paul Kamp d/b /a Kamp's is hereby ordered to pay a matrix penalty of $500.00
for the sale of alcohol to an underage person on July 22, 2010, in violation of Minn. Stat. § 340A.503
Subd. 2 (1) and Saint Paul Legislative Code § 410.04 (a) (1); and be it further
RESOLVED, that $250.00 of that fine is suspended for eighteen (18) months on the condition that
20 This resolution, and action taken above, is based upon facts contained in the August 9, 2010, Notice
21 of Violation sent to the licensee and the arguments made at the public hearing on September 15, 2010.
Adopted by Council: Date
Adoption Certified by Co it Secretary
By: ' q
Approved q9 Date
By:
Requested by Department of
S
By:
Form A ved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
Yeas
Na s
Absent
Bostrom
r/
Carter
Harris
Helgen
Lantry
Stark
Thune
Adopted by Council: Date
Adoption Certified by Co it Secretary
By: ' q
Approved q9 Date
By:
Requested by Department of
S
By:
Form A ved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
%Q--SrAS
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet AM
Department/Office/Council:
of Safety & Inspections
Date Initiated:
Green Sheet NO: 3116996
SI —Dept.
20 AUG 2010
Department Sent To Person Initial/Date
Contact Person &Phone:
Rachel Tierney
0 Oept. of Safety &Ins ectioas
1 bent. of Safety & Inspections DeDartment Director
266$710
Assign
2 btv Attorney City Attorne
i
Mu Be o Counc Agenda by (Date):
Number
3 a or's Office Ma or /Assistant
•
�u�'
For
4 ouncil City Council
(
Routing
Doc. Type' RESOLUTION
Order
5 Oty Clerk City Clerk
E- Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 266 -6776
Total 0 of Signature Pages (Clip All Locations for Signature)
Action Requested:
Approving adverse action against all licenses held by Paul Kamp d/b /a Kamp's (License ID #0044113) for the premises located at
1059 Western Avenue North in Saint Paul.
I
Recommendations: Approve (A) or Reject (R):
Personal Service Contracts Must Answer the Following Questions:
Planning Commission
1. Has this person/firm ever worked under a contract for this department?
CIB Committee
Yes No
Civil Service Commission
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed a liquor compliance check conducted by Saint Paul Police on July 22, 2010. After notification, licensee requested a
public hearing.
Advantages If Approved:
Imposition of $500.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Cost/Revenue Budgeted:
Transaction:
Funding Source:
Activity Number:
Financial Information:
(Explain)
August 20, 2010 11:04 AM Page 1
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Council File # VO - q 'kS
Green Sheet #
RESOLUTION
CITY OF/SAINT PAU NNESOTA
Present\by
WHEREAS, \or ction was taken against all licenses held by Paul Kamp d/b /a Kamp's
(License ID #00441premises located at 1059 Western Avenue North in Saint Paul by Notice of
Violation dated Au0, alleging licensee failed a liquor compliance check on July 22, 2010, by
selling alcohol to an person in violation of Minn. Stat. § 340A.503 Subd. 2 (1) and Saint Paul
Legislative Code § 1); and
WHEREAS, per Saint Paul Legislative Code § 310.05 (m) (2), the licensing office recommended a
$500.00 matrix penalty; and \\
WHEREAS, the licensee did resp nd to the Notice of Violation to request a public hearing which
was held on September 15, 2010; and now, fikerefore, be it
RESOLVED, that Paul Kamp d/b /a Kam 's is hereby ordered to pay a matrix penalty of $500.00
for the sale of alcohol to an underage person on Jul 22, 2010, in violation of Minn. Stat. § 340A.503
Subd. 2 (1) and Saint Paul Legislative Code § 410.04'(,#) (1).
This resolution, and action taken above, is based ubon facts contained in the August 9, 2010, Notice
of Violation sent to the licensee and the arguments made at tke public hearing on September 15, 2010.
Yeas Nays Absent
Bostrom
Carter
Harris
Helgen
Lantry
Stark
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
Approved by Mayor: Date
M
Requested by Department of
L-12
Form oved by City Attorney \
By:
Form A pr ve by yor fo ub 's 'on to uncil
By:
10 -975
OFFICE OF THE CITY ATTORNEY
Gerald T. Hendrickson, City Attorney
SAINT
P A U L CITY OF SAINT PAUL Civil Division
Christopher B. Coleman, Mayor 400 City Hall Telephone: 651266-8710
15 West Kellogg Blvd. Facsimile: 651298-5619
AAAA Saint Paul, Minnesota 55102
August 24, 2010
NOTICE OF COUNCIL HEARING
Paul Kamp
Kamp's
1059 Western Avenue North
St. Paul, MN 55117
RE: All licenses held by Paul Kamp d/b /a Kamp's for the premises located at 1059 Western Avenue North
in Saint Paul
License ID #: 0044113
Dear Mr. Kamp:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting has
been scheduled for Wednesday, September 15, 2010, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul
City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be presented to the City
Council for their consideration. This is an uncontested matter concerning the fact that on July 22, 2010, Saint Paul
Police conducted a liquor compliance check at your store and cited an employee for selling alcohol to an underage
person in violation of Minn. Stat. § 340A.503, Subd. 2 (1) and Saint Paul Legislative Code § 410.04 (a) (1). This
matter has been placed on the public hearing agenda portion of the City Council meeting during which public
discussion is allowed. The licensing office will recommend a $500.00 matrix penalty.
If there is any information you would like City Council to review prior to the public hearing, I will
need to receive it no later than Tuesday, September 7, 2010.
Sincerely,
70WLCI U-)tr
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
vMary Erickson, Council Secretary
Kerry Antrim, Executive Director, District 6 Planning Council, 213 Front Avenue, St. Paul, MN 55117 -5324
Affirmative Action Equal Opportunity Employer
STATE OF MINNESOTA)
) ss
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
10 -975
Julie Kraus, being first duly sworn, deposes and says that on the J �� ay of
August, she served the attached NOTICE OF COUNCIL HEARING by placing a true and
correct copy thereof in an envelope addressed as follows:
Paul Kamp
Kamp's
1059 Western Avenue North
St. Paul, MN 55117
Kerry Antrim, Executive Director
District 6 Planning Council
213 Front Avenue
St. Paul, MN 55117 -5324
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Ju ' aus
Subscribed and sworn to before me
this,-2y-O-- day of August, 2010
4N. y Public
rg%6" RITA M. �
110MY Pl1BUC
MY COMMISSION
EXPIRES JAN. 31, 2015
10 -975
UNCONTESTED LICENSE MATTER
Licensee Name: Kamp's
Address: 1059 Western Avenue North
St. Paul, MN 55117
Council Date: Wednesday, September 15, 2010 at 5:30 p.m.
Violation: St. Paul Police conducted a liquor compliance check of the
licensed establishment and an employee was cited for the
sale of alcohol to an underage person in violation of Minn.
Stat. § 340A.503, Subd. 2 (1) and Saint Paul Legislative
Code § 410.04 (a) (1).
Date of Violation: July 22, 2010
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
$500.00 matrix penalty
Attachments:
1. Proposed resolution
2. License Group Comments Text from ECLIPS system dated 8/2/2010
3. Liquor Compliance Check Sheet dated 7/22/2010
4. Original Offense /Incident Report CN #10- 158 -385 dated 7/22/2010
5. Notice of Violation with Affidavit of Service dated 8/9/2010
6. Faxed letter from licensee requesting a public hearing dated 8/18/2010
7. Minn. Stat. § 340A.503 Subd. 2 (1)
8. Saint Paul Legislative Code § 410.04 (a) (1)
9. Saint Paul Legislative Code § 310.05
10 -975
License Group Comments Text 08/02/2010
Licensee: PAUL KAMP
DBA: KAMP'S
License #: 0044113
08/02/2010 To CAO for adverse action. CAR
07/2212010 Failed alcohol compliance check conducted by SPPD. $500 matrix penalty. CAR
06/1512010 Passed tobacco compliance check. JWF
11107/2008 Passed tobacco compliance check. RJ
08/06/2008: Sent congratulations letter for passing liquor compliance check done by St. Paul Police Deptment on 07 -21 -2008. ML
07/25/2007 Passed tobacco compliance check. RJ
01/23/2007 $250.00 rcvd for alcohol sales violation. ES
01/12/2007 Copy of adverse action letter sent to Marlene Kjelsberg, AGED. LAB
01/11/2007 Sent Fine letter ($250.00 due 1/19/07). LAB
01/11/2007 CF #06 -1134 amended 12/20/2006 to stay $250.00 of the $500.00 fine for 18 months on condition there be no further violations during this
period. LAB
12/26/2006 CF #06 -1134 orders payment of $500 fine for the sale of alcoholic beverages to two underage person on 10/26/2006. JWF
12/20/2006 Scheduled for council hearing. CAR
11/28/2006 Letter from D6 recommending that fine be lowered to $250, no same or similar for 7 months. CAR
11/07/2006 Notice of Violation from CAO for failure of alcohol compliance check. $500 fine, respond by 11/20/2006. CAR
10/26/2006 Failed alcohol compliance check conducted by SPPD. Counts as first violation, $500 matrix penalty. CAR
06/15/2006 Passed tobacco compliance check. PF
12/13/2005 Passed tobacco compliance check. MED.
03/182005 Sent congratulations letter for passing alcohol compliance check. RDH
02/2612005 Passed alcohol compliance check. RDH
02/09/2004 Passed tobacco compliance check (recheck). RDH
01/21/2005 Rcvd $50.00 from Carol Kamp, clerk, for cig sales violation. AMW
01/20/2005 $200.00 rcvd for cig sales violation. ES
01/12/2005 CAO sent Notice of Violation for sale of tobacco to a minor; recommended fine is $200; deadline to respond is Jan. 24, 2005. RS
1/04/2005 To CAO for adverse action. CAR
12/28/2004 Failed tobacco compliance check.First failure, $200 matrix penalty. RDH
12/10/2003 Refund of $50.00 processed (prorated butcher license to expire with other licenses). ES
12/01/2003 Mailed Butcher - Secondary appn. LAB
04/23/2003 Passed tobacco compliance check. CMK.
12/23/2002 Sent congratulations letter for passing alcohol compliance check. CMK.
12/12/2002 Passed DPS alcohol compliance check conducted by SPPD. CMK.
03/18/2002 Passed tobacco compliance check. SS
06/18/2001 Passed tobacco compliance check. SS
03/21/2001 Passed tobacco compliance check. SS
03/05/2001 Sent congratulations letter for passing alcohol compliance check. scs
02/22/2001 Passed DPS alcohol compliance check conducted by SPPD. scs
06/29/2000 Sent congratulations letter for passing alcohol compliance check. SS
06/28/2000 Passed tobacco compliance check. SS
05/18/2000 Passed U of M alcohol compliance check conducted by LIEP /Schweinler. SS
2/7/2000 $250 fine received. CAR
1/27/2000 - Fine letter sent ($250.00 due 2/11/00) - LAB
01/12/2000 CF00 -33 approved imposing $250 fine for sale of alcohol to an underage. (to pay $250.00 within 30 days and suspend $250. for 18 months).
CAR
1/12/2000 for sale of alcohol to a minor. $500 fine recommended. CAR
12/22/99 Notice of Council Hearing from CAO for
12/10/99 Notice of Violation from CAO for failed compliance check of 12/2/99. $500 fine recommended, 12/20/99 response date. CAR
12/2/99 failed second round compliance check. To CAO for adverse action. CAR
4/26/99 completed required alcohol awareness training -DL
4/6/99 passed cig compliance check - 4/12/99 letter sent SS
On 3/18/99 Failed check; "unofficial", 12/2/99 Failed liq.comp.ck conducted by vice.KS.waming- training due 4/18/99 -DL
7/29/98 Congratulations letter sent. PJW
7/13/98 Passed cigarette compliance check. PJW
7/1/97 Late Fee $181.00 Paid.
5/96 Butcher Add -On Lic Eliminated Per Cf #95 -1457
3/16/94 Restaurant Removed From License Per Gary Pechmann.
11/14/91 Ph On Appn For New A/2 Grocery-B, Off Sale Malt 3.2 & Cigarette License App'D C.F. 91 -2097
Address Licensee Contact I License 1 Cardholder
�AUL KAMP
KAMP'S
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License # Tag # I Licensee Name DBA License Tye Status Reason Effective [Expiration
44113 0 PAUL KAMP KAMP'S Retail Food Butcher - Secondary Facility Active License Printed 1210912003 0313112011 10E
PAUL KAMP KAMP'S Cigarettelfobacco
Active License Printed 04101 M 991 0313112011 1
0., PAUL KAMP
KAMP'S Retail Fd (D) - Grocery 3001 -6000 sq It
Active
License Printed 03131 12003 03131 1201 11 0E
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Grocery (D)
Canceled
0112812003 LC331 A - chanc 0410119 991 031311100310E
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Licensee AUL KAMP
Pay Pflnt Hist S;�EE—tl
_ DBA AMP'S
License Licensee Lic. Types Insurance
( Property Licensee (� Unofficial
Street #: 059
Street Name:ilVESTERN
Street Type: F AVE Direction:
Unit Ind: F— Unit #:
City: T PAUL
State: : Zi N
p i 55117
dVard: Browse I
Dist Council: V6
Bond i Requirements I
Project Facilitator: JASUNCION, CORINNE
Adverse Action Comments
112812003 LC331 A - change in license type from
rocery (D) to Retail Food (D) - Grocery 3001 -6000 sq
License Group Comments:
810512010 Passed tobacco comp. check. JVW
8/0212010 To CAO for adverse action. CAR
712212010 Failed alcohol compliance check conducted
y SPPD. $500 matrix penalty. CAR
6/1512010 Passed tobacco compliance check. JV1tF
Licensee: �Zl- KAMP Licensee 211811995 Lic. # 1793 '1995 issued for
DBA: CAMP'S Comments: emale Fawn Boxer "Rosey ", age 1 year.
Sales Tax Id: 5082078 Bus Phone: 651 488-6- 636 4 CC
n 4 M 001 Ummn fvnm PAC' Dov
License
Class Effective
Retail Food Butcher - Secondary Facility R
Malt Off Sale N
Cigarette/Tobacco
License # 144113
1
1210912003
0313112011
0410111991
0313112011
0001 M 991
0313112011
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Conditions License Fee
N $62.00
N $191.00
N $431.00
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Licensee AUL KAMP
Pay Prirrt Hist Summ
DBA '
£AMP S
License Licensee Lic. Types Insurance Bond Requirements
License Type: Malt Off Sale T
Effective: 410111 991 Expiration: 3131 12011
Apply Discount: I Remove Discount: F Discount Rec'd:
Replace Fee: # of Units: 1
Name
SCHVYEINLER, KRISTINA (KRIS) _M ]License
License Class:
I Status:
dive
j Status Changed:
311012010
Application Date:
0100!0000
Phone #
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(651) 266 -9110
✓y� Name Trade Type Card # Card Type Expiration Add Mast
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Tag #: I
Fields
License =' 44113
CNIVIN
License Type Comments(long):
-4 -97- -NEED LATE FEE OF $181.00 PER KRIS SCHIIVEIN-
ER-- LK - -LIC
11197 LATE FEE RCVD AND PAID.
A 6P91- -NEED CLASS 3 APPN, SITE PLAN AND LEASE
Save Changes to History
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LIQUOR COMPLIANCE CHECK SHEET
o . . CN#
DATE Tm.
ESTABLISHMENT J TYPE (ON -S (oFF SALE; \~
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ADDRESS b in1A � r
VICE OFFICERS d
CHEam #3 Dos 1 # 38 Os 10 J3
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LAST NAME .k FIRST h MIDDLE
DATE OF BIRTH `� HEIGHT WEIGHTS CE
ADDRESS CITY STATE ZIP
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iDENTIFICAT ION TYPE .—
MANAGER
LAST NAME _ FIRST MIDDLK_
DATE OF BIRTH--Z.
ADDRESS CITY STATE
PHONE: WORK (
NOTES.
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10 -975
10 -975
Saint Paul Police Department Page of
ORIGINAL OFFENSE / INCIDENT REPORT
Complaint Number Reference CN Date and rme of Report
10158385 07/23/2010 10:11:00
Primary offense:
LIQUOR LAW- FURNISHING LIQUOR TO A MINOR
Primary Reporting Officer. Schoen, David A Name of location/business:
Primary squad: 792
Secondary reporting officer.
Approver. Schoen, David
District Central
Site:
Arrest made:
Secondary offense:
Location of incident: 1059 WESTERN AV N
ST PAUL, MN 55117
Date & time of occurrence: 07/22/2010.17:44:00 to
07/23/2010 17:44:00
Police Officer Assaulted or Injured: Police Officer Assisted Suicide:
Crime Scene Processed:
OFFENSE DETAILS
LIQUOR LAW- FURNISHING LIQUOR TO A MINOR
Attempt Only: Appears to be Gang Related:
NAMES
Suspect
AKA Last Name:
Details
Sex:
Race: DOB: Resident Status:
Hispanic: Age: from to
Parent or Guardian
Parent ST PAUL
Phones
Home: Call: Contact:
Work:
Fax:
Pager.
Employment
Occupation: Employer
SP954MC260MD
10 -975
Saint Paul Police Department Page 2 of
ORIGINAL OFFENSE I INCIDENT REPORT
Complaint Number Reference CN Date and Time of Report
10158385 07/23/2010 10:11:00
Primary offense:
LIQUOR LAW- FURNISHING LIQUOR TO A MINOR
Identification
SSN: License or ID#: license State:
Physical Description
US: Metric:
Height: to Build., Hair Length: Hair Color.
Weight: to Skin: Facial Hair. Hair Type:
Teeth: Eye Color. Blood Type:
Offender Information
Arrested: Pursuit engaged. Violated Restraining Order.
DUI: Resistance encountered:
Condition:
Taken to health care facility.• Medical release obtained.
SOLVABILITY FACTORS
Suspect can be Identified.
Photos Taken:
Evidence Turned In:
Related Incident
By:
Stolen Property Traceable:
Property Tumed In:
Lab
Biological Analysis: Fingerprints Taken:
Narcotic Analysis:
Lab Comments:
Items Fingerprinted.,
Participants:
Person Type: Name: Address: Phone:
Suspect
NARRATIVE
I, Sgt. Dave Schoen, am assigned to the Vice unit. On this date, Sgt. Sandell and I conducted a series of
alcohol compliance checks. We used Checkers # 37, and # 38 with date of births of 11/11/91 & 10/23/91
respectively. Both Checkers had valid pictured drivers licenses, with bold red highlighted printing, indicating
they were 'under 21' next to their picture. We have used both Checkers in the past and they were trained to be
honest, courteous, and to never be deceptive about their age. The Checkers were given an electronic
transmitting device so the Officers can monitor their conversations.
On 7- 22 -10, at approx. 1744 hrs., we went to Kamp's grocery, 1059 N. Western, Checker # 38 entered the
store and purchased a six pack of Miller Lite beer. Checker #38 brought the beer to me along w/ the change
SP954DE5C26003D
10 -975
Page 3 of 3
Saint Paul Police Department
ORIGINAL OFFENSE I INCIDENT REPORT
Complaint Number Reference CN
Date and Time of Report
10158385 07/23/2010 10:11:00
Primary offense:
LIQUOR LAW- FURNISHING LIQUOR TO A MINOR
from our previously recorded $20.00 bill. We confirmed with Checker #38 that he was not asked for his ID
prior to being sold the beer. Checker #38 described the cashier who appeared to be the only one working. Sgt.
Sandell & I entered the store and identified ourselves as police officers, we informed the cashier that X94 had
just sold beer to an under aged customer. The cashier was verbally identified as:
showed her the Checkers ID to let her know that the Checker was 18 yrs. of age. said 'I thought he
looked old enough, I guess you got me'.
I returned the beer and change, and gave us the same $20.00 bill that the Checker had used.
(The bill was photocopied and I compared the serial numbers.)
We photographed and the beer, I provided my business card and told her city licensing would be sending
the owner a letter about the incident.
PUBLIC NARRATIVE
Alcohol compliance check.
SP954DE5C260D3D
SAINT CITY OF SAINT PAUL
PAUL
Christopher B. Coleman, Mayor
AAAA
August 9, 2010
NOTICE OF VIOLATION
Paul Kamp
Kamp's
1059 Western Avenue North
St. Paul, MN 55117
OFFICE OF THE CITY ATTORNEY
Gerald T. Hendrickson, City Attorney
Civil Division
400 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
10 -975
Telephone: 651266 -8710
Facsimile: 651298-5619
RE: All licenses held by Paul Kamp d/b /a Kamp's for the premises located at 1059 Western Avenue North
in Saint Paul
License ID #:0044113
Dear Mr. Kamp:
The Department of Safety and Inspections (DSI) will recommend adverse action against all licenses held by
Paul Kamp d/b /a Kamp's for the premises located at 1059 Western Avenue North in Saint Paul, based on the following
information:
On July 22, 2010, at approximately 5:44 p.m., Saint Paul Police conducted a liquor compliance
check at Kamp's located at 1059 Western Avenue North (CN #10- 158 -385). The officers used
under aged checkers who had valid picture identification with bold red highlighted print
indicating they were "under 21" next to their picture.
One of the checkers entered your establishment and purchased a six (6) pack of Miller Light
Beer. The checker returned to the police vehicle and gave the officer the beer, receipt and the
change from the purchase. He stated that the cashier at the counter did not ask for his
identification prior to being sold the beer.
The officers then entered your establishment and after identifying themselves as police officers,
informed the cashier that she had just sold beer to an under aged customer. The cashier
responded "I thought he looked old enough, I guess you got me."
Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503 and Saint Paul
Legislative Code §410.04 (a) (1).
Per Saint Paul Legislative Code §310.05 (m) (2), the licensing office will recommend a $500.00 matrix penalty.
Affirmative Action Equal Onnortunity EmDlover
10 -975
Kamp's
August 9, 2010
Page 2
At this time, you have three options on how to proceed:
You can pay the recommended $500.00 matrix penalty. If this is your choice, you should make payment
directly to the Department of Safety and Inspections, at 375 Jackson Street, Suite 220, St. Paul, Minnesota
55101 -1806 no later than Thursday, August 19, 2010. Information should be directed to the attention of
Christine Rozek. A self - addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix
penalty will be considered to be a waiver of the hearing to which you are entitled.
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a
statement admitting the facts requesting a public hearing. We will need to receive your letter by Thursday,
August 19, 2010. The matter will then be scheduled before the City Council for a public hearing to determine
whether to impose the $500.00 matrix penalty. You will have an opportunity to appear before the Council and
make a statement on your own behalf.
If you dispute the above facts, you can request a hearing 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 St. Paul City Council will ultimately decide the case. If this is your choice, please advise me
no later than Thursday, August 19, 2010, and I will take the necessary steps to schedule the administrative
hearing.
If you have not contacted me by that date, I will assume that you do not contest the imposition of
the $500.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for
approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266 -8710.
Sincerely,
Rachel Tierney
V
Assistant City Attorney
cc: Christine Rozek, Deputy Director, DSI
Kerry Antrim, Exec. Director, District 6 Planning Council, 213 Front Avenue, St. Paul, MN 55117-5324
Affirmative Action Eaual Onnortunity Emnlover
STATE OF MMESOT
ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SL- _ JICE BY U.S. MAIL
10 -975
Julie Kraus, being first duly sworn, deposes and says that on the —q* • day of
August, she served the attached NOTICE OF VIOLATION by placing a true and correct copy
thereof in an envelope addressed as follows:
Paul Kamp
Kamp's
1059 Western Avenue North
St. Paul, MN 55117
Kerry Antrim, Exec. Director
District 6 Planning Council
213 Front Avenue
St. Paul, MN 55117 -5324
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
k , Lwa-��
Juli Kraus
Subscribed and sworn to before me
this day of August, 2010
RITA M. BOSSAR�
NOTARY PUBLIC . MINNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2015
MUta iU L.U.LU l.L - U UH r MUI'I- NMArJ rUUV I'IHMNC I bDi40033 rb I U: eyti5b1'J
Christine Rozek
City of St. Paul
My name Is Paul Kamp. For the past 27 years my wife and I have operated Kamp's Food Market, a family
business which has been in operation for 102 years in St. Paul. Our store has a wonderful reputation as a
business that gives back to the community and hires youth from the area, thus providing them with a first
time work experience. Sometimes there are flaws in this hiring practice.
Recently, we received a citation for selling an under age person alcohol. I do admit fault in the instance.
There are a few areas that concern me.
The cashier, a minor, was already on warning for her work behavior. She had been told over 100 times to
card everybody who buys beer and alcohol. We also subscribe to the "We Card" program and have the
calendar at the cashier stand for customers and cashier to use in verifying a person's right to purchase
alcohol and tobacco.
I am at the mercy of my employees in these cases. I can be mad, yell, suspend them and in this cake
terminate their employment, but the person who committed the infraction walks away without penalty. The
vast majority of my cashiers are wonderful and abide by the rules. Now and then one is preoccupied, in this
case talking to a friend, and make an error. In this case, she just plain didn't care.
I understand I am the person in charge and am ultimately responsible in some form, but I would hope for a
break in the penalty and maybe a fine to the cashier who didn't care enough to even check ID. This cashier
told me she sold the alcohol to the minor and told me that the officer said there would be no fine this time.
She also put the information given to her by the officer in her pocket so 1 had no information until 1
received the citation letter.
Another point is that we never have youth attempting to purchase alcohol. This also means that a flag
should pop up when there is an attempt. I've made the reference that we sell as much a 3.2 beer to people
under 30 then we sell them Metamucil. This is a fact.
I would lice to see some consideration in a fine reduction as we have been upstanding members of our
community and the infraction was totally the fault of a cashier and not of a store policy or any lack or effort
on our Dart.
you for
Kamp's Fond Market
1059 Western Ave. N
St. Paul, MN 55117
License ID# 0044113
�L LJAA5 L SO i
611 -7
VIA
101975
AUG -18 -2010 12:06 6514883376 96% P.01
10 -975
MINNESOTA STATUTES 2009 340A.503
340A.503 PERSONS UNDER 21; ILLEGAL ACTS.
Subdivision 1. Consumption. (a) It is unlawful for any:
(1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or
bottle club permit holder under section 340A.414, to permit any person under the age of 21 years
to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or
(2) person under the age of 21 years to consume any alcoholic beverages. If proven by a
preponderance of the evidence, it is an affirmative defense to a violation of this clause that the
defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian
and with the consent of the parent or guardian.
(b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction
where consumption occurs or the jurisdiction where evidence of consumption is observed.
(c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage
and the physical condition of having ingested an alcoholic beverage.
Subd. 2. Purchasing. It is unlawful for any person:
(1) to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age;
(2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage
unless under the supervision of a responsible person over the age of 21 for training, education, or
research purposes. Prior notification of the licensing authority is required unless the supervised
alcohol purchase attempt is for professional research conducted by postsecondary educational
institutions or state, county, or local health departments; or
(3) to induce a person under the age of 21 years to purchase or procure any alcoholic
beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota
identification card, or other form of identification by a person under the age of 21 years for the
purpose of purchasing or attempting to purchase an alcoholic beverage.
If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation
of clause (1) that the defendant is the parent or guardian of the person under 21 years of age and
that the defendant gave or furnished the alcoholic beverage to that person solely for consumption
in the defendant's household.
Subd. 3. Possession. It is unlawful for a person under the age of 21 years to possess any
alcoholic beverage with the intent to consume it at a place other than the household of the person's
parent or guardian. Possession at a place other than the household of the parent or guardian creates
Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
10 -975
2 MINNESOTA STATUTES 2009 340A.503
a rebuttable presumption of intent to consume it at a place other than the household of the parent
or guardian. This presumption may be rebutted by a preponderance of the evidence.
Subd. 4. Entering licensed premises. (a) It is unlawful for a person under the age of 21
years to enter an establishment licensed for the sale of alcoholic beverages or any municipal
liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage.
(b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule
charter city may prohibit a person 18, 19, or 20 years old from entering an establishment licensed
under this chapter to:
(1) perform work for the establishment, including the serving of alcoholic beverages, unless
otherwise prohibited by section 340A.412, subdivision 10;
(2) consume meals; and
(3) attend social functions that are held in a portion of the establishment where liquor is not
sold.
Subd. 5. Misrepresentation of age. It is unlawful for a person under the age of 21 years to
claim to be 21 years old or older for the purpose of purchasing alcoholic beverages.
Subd. 5a. Attainment of age. With respect to purchasing, possessing, consuming, selling,
furnishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the
day of that person's 21 st birthday.
Subd. 6. Proof of age; defense; seizure of false identification. (a) Proof of age for
purchasing or consuming alcoholic beverages may be established only by one of the following:
(1) a valid driver's license or identification card issued by Minnesota, another state, or a
province of Canada, and including the photograph and date of birth of the licensed person;
(2) a valid military identification card issued by the United States Department of Defense;
(3) a valid passport issued by the United States; or
(4) in the case of a foreign national, by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove
by a preponderance of the evidence that the defendant reasonably and in good faith relied upon
representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or
giving the alcoholic beverage.
(c) A licensed retailer or municipal liquor store may seize a form of identification listed
under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe
Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
10 -975
3 MINNESOTA STATUTES 2009 340A.503
that the form of identification has been altered or falsified or is being used to violate any law.
A retailer or municipal liquor store that seizes a form of identification as authorized under this
paragraph must deliver it to a law enforcement agency, within 24 hours of seizing it.
Subd. 7. [Repealed, 1989 c 351 s 19]
History: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c 301 s
13,14; 1990 c 602 art 5 s 2 -4; 1991 c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13;
1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24; 1Sp1997 c 2 s
57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 131 s 7
Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
Chapter 410. - Nonintoxicati� Malt Liquor Page C? 5
St. Paul, Minnesota, Code of Ordinances >> PART II - LEGISLATIVE CODE >> Title XXIX -
LICENSES >> Chapter 410. - Nonintoxicating Malt Liquor >>
IChapter 410. - _Non!ntoxicatingMalt Liquori
Cross reference — Liquor and beer regulations generally, Title XXIV; intoxicating liquor, Ch. 409; use of beer and intoxicating liquor
prohibited in motion picture drive -in theatres, § 416.06(b).
Sec. _ 41. 0. 01 __License_requi_red,definitions exceptions.
Sec. 410_02. _Fees.
Sec._ 410_03__ Licensing requirements,
Sec. 410_035. -_ Insurance requirements,.
Sec. 410.04_- Regulations.
Sec. 410 045. - _Safety in on -sale establishments.
Sec. 410.05 - Certain sexual conduct prohibited.
Sec._ 4.10,06. -_ Restrictions on licenses.
Sec. 41.0.07. - Transfer of license' change in service area.
Sec. 4.10.08. -. Violations reported.
Sec. 410.09,. Employees; owner's responsibility.
Sec. 410_.10, - Temporary on -sale beer license.
Sec 410.11. - Licenses for _munic�aIgolf courses.
Sec. 410.12. - Revocatiom s"s ensio_n; fine.
Sec. 410.01_._ -License required; definitions; exceptions.
(a) No person shall sell nonintoxicating malt liquors at retail in Saint Paul without a license.
(b) On -sale licenses shall permit the licensee for the sale of said nonintoxicating malt liquors to sell such for
consumption on the premises. On -sale licenses shall be granted only to restaurants, hotels, bona fide
clubs, establishments for the exclusive sale of nonintoxicating malt beverages and establishments
licensed for the exclusive sale of intoxicating liquors. The term "bona fide clubs" shall include private
clubs licensed under former Chapter 404 of this Code so long as they meet the requirements of
Minnesota Statutes, Section 340A.101, subsection 7.
(c) Off -sale licenses shall permit the licensee of such nonintoxicating malt liquors to sell same in original
packages for consumption off the premises only.
(d) Nothing herein contained shall be construed to prohibit the sale and delivery in original packages
directly to the consumer by the manufacturer or distributor of nonintoxicating malt liquors.
(e) No off -sale license shall be issued for any place where nonintoxicating malt beverages shall be sold for
consumption on the premises.
(f) "Nonintoxicating malt liquor" is any fermented malt liquor, potable as a beverage, containing not less
than one -half of one percent ('/2 of 1 %) alcohol by volume nor more than three and two- tenths (3.2)
percent alcohol by weight.
(Code 1956, §§ 310.01, 310.17, 310.20; Ord. No. 17676, § 8, 8- 24 -89)
Sec., 410.02_. - Fees.
The fee required for a license shall also be established by ordinance as specified in section 310.09(b) of
the Saint Paul Legislative Code.
(Code 1956, § 310.03; Ord. No. 16843, 10- 20 -81; C.F. No. 99 -527, § 1, 7 -7 -99)
Sec. 410.03. - Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shall first make an
application therefor to the council of the City of Saint Paul by filing with the inspector of said city for
presentation by him to the council of an application in writing therefor, which said application shall set
forth with reasonable accuracy the name and place of residence of the applicant; the exact location of
the place at which the applicant proposes to carry on the business of selling nonintoxicating malt liquors;
and whether or not he has at any time previous to the date thereof been engaged in said business or in
the business of selling foodstuffs in the City of Saint Paul, and if so, when and where. Said application
10 -975
Chapter 410. - Nonintoxicati Malt Liquor Page 2 of 9
shall be signed by the applicant in person or by an officer of the club seeking said license or by an officer
of the corporation seeking said license, and when received by the inspector shall be by him placed on
file, and the name of the applicant shall be by him registered in a book of registration to be kept in the
office of said inspector for that purpose; provided, however, that said inspector shall not receive such
application or register the name of said applicant unless the application is accompanied by the fee
required by section 410.02.
(b) Reserved.
(c) No license after conviction; underage. No license shall be issued, consistent with and subject to
Minnesota Statutes, Chapter 364, if the applicant has been convicted of any crime involving the
manufacture, sale, distribution or possession for sale or distribution of intoxicating or nonintoxicating
liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions 1(1), 1(3) and 2. No
license shall be issued to any person who is not at least twenty -one (21) years of age.
(d) Exception if compliance with other bonding requirements. For those applicants also applying for or
already having an on -sale wine license pursuant to section 409.15, compliance with the bonding
requirements of section 409.06(j) satisfies the bonding requirements of paragraph (d) of this section.
(e) Investigation. The applicant shall permit representatives of the department of police and the department
of safety and inspections to inspect and examine the place of business described in the application,
together with all the appliances and instruments used or to be used in the transaction of the business for
which the license is sought, and any refusal on the part of such applicant to permit such inspection shall
be deemed as sufficient ground upon which the council shall refuse to issue the license applied for.
(f) License within three hundred (300) feet of another license. No license shall be issued for off- sale 3.2
percent malt liquor for any location which is within a radius of three hundred (300) feet as measured from
property line to property line of any existing establishment with a license to sell off -sale 3.2 percent malt
liquor
(1) The council may waive the restrictions set forth in paragraph (f) above relating to distance if it
makes findings that such a license is not inconsistent with the health, safety, morals and general
welfare of the adjoining neighbors or community. Factors which may be considered include, but
are not limited to the following: the likelihood of increased noise, traffic, litter, loitering or unlawful
behavior by patrons of the establishment, excessive artificial lighting, substantial decrease in
adjoining property values, and the extent to which any of the potential problems can be addressed
by conditions on the license.
(2) An establishment holding a valid license on the effective date of this amendment shall not be
affected by this limitation, but shall be entitled to have such license renewed so long as they are in
compliance with all other requirements of law and there exist no grounds for adverse action
against such license.
(g) License near school or church. No license for on -sale nonintoxicating malt liquors shall be issued for any
premises, except for a restaurant as defined in section 409.15 having an on -sale wine or intoxicating malt
liquor license, located within three hundred (300) feet from any public or parochial school, church or
synagogue, said three hundred (300) feet being calculated and computed as the distance measured from
the property line of the premises or building proposed as the location for the nonintoxicating malt liquor
license to the property line of any school, church or synagogue in the area for which the license is
sought.
All licenses in force and effect on November 10, 1962, the location of which license is in conflict with the
provisions hereof may be renewed or otherwise dealt with in accordance with law, it being the intent of this
paragraph to be applied prospectively for proposed locations of licenses, and further it being the intent of this
paragraph that the limitations set forth in this paragraph shall in no manner be applicable to any hotel or motel.
Upon written petition signed on behalf of the school, church or synagogue located within three hundred
(300) feet of the proposed location of the license, the council may by a five- sevenths vote disregard the
provisions of this paragraph insofar as location adjacent to a school, church or synagogue of a proposed license
is concerned.
(h) Public hearing; notices. No new on -sale or off -sale license shall be issued until the council's committee
designated to hear license matters shall have first held a public hearing on the application. The
notification requirements applicable to change in licensed areas in section 410.07 shall be applicable in
the issuance of new licenses.
(i) Unlawful use of weapons. If during any twelve -month period there are reported two (2) or more incidents
involving unlawful use or handling of firearms, assault weapons or knives, as defined in section 225.01,
on any licensed on -sale premises, a public hearing shall be conducted by the council. Any adverse
action may be considered by the council pursuant to the hearing provisions of section 310.05.
(j) Prohibited interests. A holder of a license as manufacturer, brewer or wholesaler may not have any
interest or ownership, in whole or in part, in a business holding a nonintoxicating malt liquor license or in
the license so held, but a manufacturer or wholesaler of intoxicating or nonintoxicating liquor may use or
have property rented for retail nonintoxicating liquor sales if the manufacturer or wholesaler has owned
the property continuously since November 1, 1933. For the purpose of this paragraph the term "interest ":
(1) Includes any pecuniary interest in the ownership, operation, management or profits of a retail
10 -975
Chapter 410. - Nonintoxicatir Malt Liquor Page 3 of 9
liquor establishment, and a person who receives money from time to time, directly or indirectly,
from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary
interest in the retail license; and
(2) Does not include loans; rental agreements; open accounts or other obligations held with or
without security arising out of the ordinary and regular course of business of selling or leasing
merchandise, fixtures or supplies to the establishment; an interest in a corporation owning or
operating a hotel, but having at least one hundred fifty (150) or more rental units, holding a liquor
license in conjunction therewith or ten (10) percent or less interest in any other corporation holding
a license; and
(3) In determining whether an "interest" exists, the transaction must have been bona fide and the
reasonable value of the goods and things received as consideration for a payment by the licensee
and all other facts reasonably tending to prove or disprove the existence of a purposeful scheme
or arrangement to evade the restrictions of this paragraph must be considered.
(k) Nonconforming clubs, transition. The restrictions and requirements in sections 410.03(g) and 410.04(g)
of this chapter shall not apply to licenses issued under this chapter to a club which at the time of an
application for an on -sale license held a private club license under former Chapter 404 of this Code for
the same premises for which the on -sale license hereunder is sought or will be issued for so long as the
on -sale license remains at that location and the licensed premises is not enlarged. Such licensed
premises will be deemed a lawful nonconforming use under the zoning code.
(Code 1956, §§ 310.02(a), (c )-(e), 310.04,310.18; Ord. No. 16848,11-12-81; Ord. No. 17174,10-23-84; Ord. No. 17248, § 1, 6 -6-
85; Ord. No. 17290, § 1, 9- 10 -85; Ord. No. 17551, § 9,4-19-88; Ord. No. 17563, § 2, 5- 17 -88; Ord. No. 17631, § 2, 2 -7 -89; Ord. No.
17657, § 2, 6 -8 -89; Ord. No. 17676, § 9,8-24-89; Ord. No. 17704, § 2,1-16-90; C.F. No. 95 -479, § 1, 5- 31 -95; C.F. No. 99 -395, § 1, 6-
16-99; C. F. No. 05 -1212, § 1, 1 -25 -06; C.F. No. 07 -149, § 162, 3- 28 -07)
Editor's note-
Ordinance No. 17290, § 1, adopted Sept. 10, 1985, amended § 410.03 by adding a new paragraph (h).
Inasmuch as Ord. No. 17248, adopted June 6, 1985, already enacted provisions herein codified as
paragraph (h), the provisions of Ord. No. 17290 have been redesignated as a new paragraph (i) at the
editor's discretion.
Cross reference- Licensing requirements for establishments selling intoxicating liquors, § 409.06.
Sec. 410.035. - Insurance requirements.
No license under this chapter may be issued, maintained or renewed unless the licensee or applicant
therefor complies with the insurance requirements imposed by Minnesota Statutes, Section 340A.409. Such
insurance coverage shall comply with the requirements of Minnesota Statutes, Section 340A.409 and Chapters
7 and 8 of this Legislative Code.
(Ord. No. 17796, § 2, 12- 13 -90; C.F. No. 99 -729, § 1, 8- 25 -99)
Sec. 410.04. - Regulations.
(a) Restrictions on minors. A minor, as used herein, is any person under the age of twenty -one (21) years.
(1) No licensee, or agent or employee thereof, shall serve or dispense upon the licensed premises
any intoxicating liquor or nonintoxicating malt liquors to any minor; nor shall such licensee, agent
or employee permit any minor to be furnished with or to consume any such liquors on the licensed
premises; nor shall such licensee, agent or employee permit any minor to be delivered any such
liquors.
(2) No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor or
nonintoxicating malt liquor; nor shall he or she enter any premises licensed for the retail sale of
intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or
delivered to him or her for consumption of any such intoxicating liquor or beer; nor shall any such
person purchase, attempt to purchase, consume or have another person purchase for him or her
any intoxicating liquor or beer.
(3) No minor shall induce any person to purchase, procure or obtain intoxicating liquor or
nonintoxicating malt liquor for him or her.
(4) Proof of age for purposes of consuming, purchasing or possessing an alcoholic beverage, the
consumption, sale or possession of which is regulated by age, may only be established by a valid
driver's license or a Minnesota Identification Card issued pursuant to Minnesota Statutes, Section
171.07 or, in the case of a foreign national, by a valid passport.
(b)
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Chapter 410. - Nonintoxicaf Malt Liquor Page 4 of 9
Intoxicating liquor prohibited. It shall be unlawful for any person duly licensed to sell nonintoxicating malt
liquor, but not duly licensed to sell intoxicating liquor, or for any of his agents, servants or employees, to
keep, store, possess, have under his control, sell or permit any person to keep, store or possess any
intoxicating liquor upon said premises.
It shall be unlawful for such licensee, his agents, servants or employees to permit the consumption of
intoxicating liquor upon said premises.
For the purposes of this chapter, "intoxicating liquor" is hereby defined to mean and include ethyl alcohol
and any distilled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which liquid
contains an alcoholic content in excess of three and two - tenths (3.2) percent thereof by weight.
(c) Sales prohibited, hours. No such nonintoxicating malt liquors shall be sold either on -sale or off -sale
between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday inclusive, nor
between the hours of 1:00 a.m. and 12:00 noon on Sundays. Notwithstanding the foregoing, an
establishment which has received a permit from the state which authorizes sale of 3.2 percent malt liquor
on -sale between the hours of 1:00 a.m. and 2:00 a.m. may make such sales if it has provided a copy of
the permit to the director of the department of safety and inspections. No on -sale licensee shall permit
any such nonintoxicating malt liquors to be consumed on its premises during the hours when the sale
thereof is by this chapter prohibited. Notwithstanding the foregoing, establishments holding on -sale
licenses issued under this chapter may remain open for the sale of food after the hours of sale provided
therein and until 3:00 a.m. if they have first obtained an extended service license. Such license shall be a
class III license. Application shall be made on such forms as may be provided by the department of
safety and inspections. The fee for such license shall be established by ordinance as provided in section
310.09(b) of the Legislative Code. The regulations in section 409.07.1(b), and notice and consent
requirements in section 409.07.1(c) of the Legislative Code shall apply to extended service licenses
under this chapter.
(c- Extended hours during 2008 Republican National Convention. Notwithstanding the above, between
1) 12:00 p.m. on August 31, 2008 through 4:00 a.m. on September 5, 2008, licensed establishments may
obtain an RNC 4:00 a.m. permit. The RNC 4:00 a.m. permit shall allow service, consumption and display
of 3.2 percent malt liquor in on sale establishments until 4:00 a.m. The RNC 4:00 a.m. permit shall not
allow consumption, display or service of 3.2 percent malt liquor after 2:00 a.m. outdoors including on any
patio or sidewalk cafe. Establishments may obtain the RNC 4:00 a.m. permit under the following
conditions:
(1) Applicant must hold a valid on -sale 3.2 percent malt liquor license and a license for Sunday sales.
(2) Applicant must hold a valid permit for 2:00 a.m. closing permit issued by the state.
(3) Applicant must complete an application provided by the department of safety and inspections and
pay RNC 4:00 a.m. permit fee of two thousand five hundred dollars ($2,500.00).
(4) In all areas except the downtown development district and commercial development districts,
applicant establishment must have at least two hundred ninety -one (291) seats as determined by
the department of safety and inspections.
(c- Presumptive penalties during the 2008 Republican National Convention. For purposes of the penalty
2) matrix at 310.05(m) of the Saint Paul Legislative Code, the presumptive penalty for establishments
found to serve, display, or allow consumption of 3.2 percent malt liquor after 2:00 a.m. between August
31, 2008 and September 5, 2008 when that establishment does not hold an RNC 4:00 a.m. permit is two
thousand dollars ($2,000.00) per incident.
(d) Dancing. Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions
or entertainment are hereby at all times prohibited on the premises of any off -sale licensee; provided,
however, that if such premises are duly licensed for entertainment, such dancing, exhibitions or
entertainment may be permitted.
(e) Music. All music, by whatever means provided, is hereby prohibited upon the premises of any on -sale
licensee between the hours of 9:00 p.m. of any one (1) day and 9:00 a.m. of the following day, except
where such premises are duly licensed for entertainment; provided, that an on -sale licensee is hereby
permitted to operate a radio and obtain music therefrom between said hours of 9:00 p.m. and 9:00 a.m.;
provided further, that the tone of such radio is modulated so as not to annoy the occupants of nearby
premises. The failure of any on -sale licensee using a radio between said hours to keep the same from
becoming a nuisance to occupants of nearby premises shall be deemed sufficient cause, in the
discretion of the council, to revoke his license to sell such nonintoxicating malt liquor.
(f) Sales on days of parades. When a licensee is notified by the police department that a parade will be
held within one (1) block of the licensee's establishment, all nonintoxicating malt beverages and liquid of
any type sold during the entire day of said parade shall be sold only in plastic or paper containers. In
addition, upon receiving such notice, the licensee shall place a person at each entrance and each exit of
the establishment at least one (1) hour prior to the time of parade, and the licensee shall require a
person to remain at those locations until one (1) hour after the parade to ensure that patrons do not enter
or exit with beer or intoxicating liquor.
(g) Parking, visual screen. When an existing building is converted to on -sale nonintoxicating malt liquor
purposes, existing off - street parking facilities which serve the building shall be provided with a visual
10-975
Chapter 410. - Nonintoxicatir 'Malt Liquor Page 5 0 9
screen where the parking facility adjoins or abuts across an alley any residential use or residential zoning
district. The screen shall be between four and one -half (4'/2) and six and one -half (6' /Z) feet in height and
of sufficient density to visually separate the parking facility from the adjacent residential use district. The
screen may consist of various fence materials, earth berms, plant materials or a combination thereof.
Access by patrons to the parking facility from an adjacent alley should generally be prohibited.
(h) Sale of nonintoxicating liquor regulated. No person shall give, sell, procure or purchase nonintoxicating
liquor to or for any person to whom the sale of nonintoxicating liquor is forbidden by law.
(i) Consumption in public place prohibited. No person shall mix or prepare nonintoxicating liquor for
consumption, or consume it, in any public place not licensed in accordance with this Code and the State
of Minnesota.
(j) Sale or consumption in automobiles or on public highways prohibited. No nonintoxicating liquor shall be
sold or consumed on a public highway or in an automobile.
(k) Leaving licensed premises with nonintoxicating liquor, responsibility of licensee. No licensee shall allow
any person to leave a premises, for which an on -sale nonintoxicating license has been issued, with a
bottle, can or glass containing any nonintoxicating liquor. Each licensee shall be responsible for taking
reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can
or glass containing any alcoholic beverage, and the failure to do so may subject each licensee to
adverse action against his or her license.
(1) No person, group or association applying for or holding a license under this chapter shall restrict
membership in its club or organization, or restrict access to the licensed premises or any facilities of such
person, group or association, on the basis of race, creed, religion, sex, national origin or ancestry, age,
disability, marital status or status with respect to public assistance. This provision shall not apply to any
religious corporation, association or society with respect to membership or access based on religion,
where religion is a bona fide qualification for membership or access. A violation of the foregoing shall
constitute sufficient grounds for adverse action against the license or license application, including
revocation or denial of the license.
(Code 1956, §§ 310.07- 310.10, 310.13, 310.14; Ord. No. 17014, 4- 28 -83; Ord. No. 17174, 10- 23 -84; Ord. No. 17437, § 1, 2- 24 -87;
Ord. No. 17461, § 1, 5- 28 -87; Ord. No. 17474, § 1, 7 -7 -87; Ord. No. 17657, §§ 11, 13, 6 -8 -89; Ord. No. 17705, § 3, 1- 16 -90; C.F. No.
93 -1324, § 1, 11- 23 -93; C.F. No. 94 -1659, § 1, 12- 28 -94; C.F. No. 03 -687, § 1, 8- 13 -03; C.F. No. 07 -149, § 163, 3 -28 -07; C.F. No. 08-
608, § 1, 6- 25 -08)
Sec. 410.045. - Safety in on -sale establishments.
This section applies to on -sale licenses for the sale of nonintoxicating liquor.
(a) Notice to police chief. The licensee shall, within thirty (30) days following November 4, 1994, notify the
chief of police in writing if any firearms as defined in section 225.01 of the Legislative Code are kept on
or within the licensed premises. Such notice shall include a description of each such firearm and the
location where it is kept on the licensed premises. Thereafter, the licensee shall notify the chief of police
if there are any additional firearm or firearms, or changes in the location, number or description of each
such firearm listed in the first notice, kept on or within the licensed premises, within five (5) days following
any such change. The licensee is responsible for ensuring that the notification given to the chief is
updated and accurate with respect to any changes in kind, number or location of firearms kept on or
within the licensed premises.
(b) Training. The licensee shall, with respect to all employees who (1) are authorized to use a firearm on the
licensed premises and (2) who are not prohibited by law from using such a firearm, provide training in
firearms safety and the lawful use of deadly force, as well as in procedures for maintaining order and
peace on the licensed premises by methods other than use of firearms and /or deadly force. The training
required by this subsection shall be acceptable to the chief of police and provided for all existing
employees within ninety (90) days following November 4, 1994, and for future employees within sixty
(60) days following their employment.
(C.F. No. 94 -859, § 3,10-5-94)
Sec. 41.0_.05. - Certain sexual conduct prohibited.
The following acts or conduct on licensed premises are unlawful and shall be punished as provided by
section 1.05 of the Saint Paul Legislative Code:
(1) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed
premises while such person is unclothed or in such attire, costume or clothing as to expose to
view any portion of the female breast below the top of the areola or of any portion of the pubic
hair, anus, cleft of the buttocks, vulva or genitals.
10 -975
Chapter 410. - Nonintoxicati Malt Liquor Page 6 of 9
(2) To employ or use the services of any hostess while such hostess is unclothed or in such attire,
costume or clothing as described in subparagraph (1) above.
(3) To encourage or permit any person on the licensed premises to touch, caress or fondle the
breasts, buttocks, anus or genitals of any other person.
(4) To permit any employee or person to wear or use any device or covering exposed to view which
simulates the breast, genitals, anus, pubic hair or any portion thereof.
(5) To permit any person to perform acts of or acts which simulate:
a. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or
any sexual acts which are prohibited by law.
b. Masturbation or bestiality.
C. With or upon another person the touching, caressing or fondling on the buttocks, anus,
genitals or female breast.
d. The displaying of the pubic hair, anus, vulva or female breast below the top of the areola.
(6) To permit any person to use artificial devices or inanimate objects to depict any of the prohibited
activities described above.
(7) To permit any person to remain in or upon the licensed premises who exposes to public view any
portion of his or her genitals or anus.
(8) To permit the showing of films, still pictures, pictures, electronic reproduction or other visual
reproductions depicting:
a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are prohibited by law.
b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.
C. Scenes wherein a person displays the vulva or the anus or the genitals.
d. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings
are employed to portray, any of the prohibited activities described above.
(Code 1956, § 310.19)
Sec. 410.06. - Restrictions on licenses.
Where a reasonable basis is found by the council to impose reasonable restrictions upon a license held
under this chapter, the council, upon issuing a new license or renewing a license, may impose reasonable
conditions and restrictions pertaining to the manner and circumstances in which the business shall be
conducted to preserve the public peace and protect and promote good order and security. These reasonable
conditions or restrictions may pertain to:
(1) A limitation as to the hours when nonintoxicating malt liquor may be sold and /or consumed on the
licensed premises;
(2) A limitation and restriction as to the exact location within a building where nonintoxicating malt
liquor will be served and /or sold and /or consumed;
(3) A limitation and restriction as to the means of ingress to or egress from the licensed
establishment;
(4) A requirement that certain off - street parking facilities be provided;
(5) A condition that the license will be in effect only so long as the establishment remains primarily a
restaurant;
(6) A limitation and restriction as to the means and methods of advertising the sale of nonintoxicating
malt liquor on the building and /or the premises adjacent thereto;
(7) Reasonable conditions limiting the operation of the licensed premises so as to ensure that the
licensed business will comport with the character of the district in which it is located and /or to the
end that nuisances will be prevented.
(Code 1956, § 310.20(b); C.F. No. 95 -479, § 2, 5- 31 -95)
Sec,,.- 410.07. - Transfer of license; change in service area.
(a) No license granted hereunder shall be transferable from person to person or from place to place. No
license granted for a specified part of any particular premises shall permit sales of such liquor on a part
of such premises not specified in the license, or in an area adjacent to such licensed premises; provided,
however, that the license inspector or his or her designee may waive this limitation and allow a
Chapter 410. - Nonintoxicati 'Malt Liquor
Page 9 09R
temporary extension of the liquor service area subject to the following criteria herein established by the
city council. Failure to make a waiver and /or allow such a temporary extension is not adverse action and
does not require notice and hearing in the event of denial or inaction:
(1) No such extension shall be for more than a continuous twenty- four -hour period and shall be valid
only at times that liquor sales are allowed by law;
(2) No licensee shall receive more than twelve (12) such service extensions in any calendar year;
(3) The temporary extended service area can be either indoors or outdoors, but must be immediately
adjacent to the licensed premises;
(4) All business operations on or in the temporary extended service area shall be in compliance with
all other requirements of state law and of this chapter, and in particular shall comply with the
requirements of Chapter 293 of this Legislative Code relating to noise;
(5) The temporary extended service area, if outdoors, shall be enclosed by a vertical fence or
partition at least four (4) feet in height which allows control of access to and from the liquor service
and consumption area;
(6) The licensee shall present with his or her application for permission for a temporary extension
either the written consent or nonobjection of the citizens' district council whose geographical area
encompasses the licensed premises, or a petition containing a statement in writing with the
signatures of sixty (60) percent or more of the owners and occupants of private residences,
dwellings and apartment houses located within two hundred (200) feet of such premises stating
that they have no objection to the granting of such temporary extension of service area. If such
consent or nonobjection is refused or if such petition fails, the city council may by resolution
authorize the temporary extension of the service area; - -
(7) The licensee shall notify, at least ten (10) days in advance of the date of the proposed temporary
extension, all owners and occupants who own property or reside within three hundred (300) feet of
the property line within which the licensed establishment is located of the proposed temporary
extension of liquor service. Such notice shall be typewritten and include the location, date and
time of the proposed extension of liquor service. The notice shall specifically state: "If any person
has comments about this proposed temporary extension of liquor service, they are encouraged to
telephone the public information and complaint office "; and
(8) The licensee shall be required to apply for each such temporary extension in such form as the
license inspector may require, and the fee for each such application, whether granted or not, shall
be as set forth in section 310.18 of the Saint Paul Legislative Code.
(b) The transfer of stock in any publicly held corporation which holds a license shall not be deemed a
transfer within the meaning of this section. The transfer of stock or partnership shares, or changes in
officers or directors, in any other corporation or business entity shall require the corporation or business
entity to apply for and receive a new license in conformity with all requirements relating to the licensee
and the licensed business, but not as to location or premises.
(c) A public hearing is required upon an application for change in licensed area. At least forty -five (45) days
before a public hearing on a transfer or change in licensed area, the department of safety and
inspections shall notify by mail all owners and occupants who own property or reside within three
hundred fifty (350) feet of the establishment at which the area is to be changed, and all community
organizations that have previously registered with said department to be notified of any such application,
of the time, place and the purpose of such hearing, said three hundred fifty (350) feet being calculated
and computed as the distance measured in a straight line from the property line of the building where
intoxicating liquor is sold, consumed or kept for sale to the property line owned, leased or under the
control of the resident. A change in licensed area under this section only becomes effective upon
compliance with this section and consent of the council by resolution. The failure to give mailed notice to
owners or occupants residing within three hundred fifty (350) feet or community organizations, or defects
in the notice, shall not invalidate the change in service area. Change in service area to an outside
location (patio, deck, etc.) will also require payment of an additional license fee which shall be
established by ordinance as provided in section 310.09(b) of this Code.
(d) The notification requirements of this section shall not be applicable where the change in service area is
in an establishment within the downtown business district. For the purposes of this section, downtown
business district shall include all that portion of the City of Saint Paul lying within and bounded by the
following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to
Pleasant Avenue, Pleasant Avenue to Kellogg Street, Kellogg Street to Summit Avenue, Summit Avenue
to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge,
Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Shepard Road,
Shepard Road to Chestnut Street.
(Code 1956, § 310.06; Ord. No. 17174,10-23-84; Ord. No. 17551, § 10, 4- 19 -88; C.F. No. 92 -853, § 1, 7 -9 -92; C.F. No. 95 -479, § 3,
5- 31 -95; C.F. No. 03 -129, § 1, 3 -5 -03; C.F. No. 07 -149, § 164,3-28-07)
Sec. 410.08. - Violations reported.
..._.7 -- - . -. - -- /T TTT, IT /1 /N/N /_ 1 /1 __._l'1 /TITT Tt7 %7T %7 elA I f% 1_x___1 / /� r Inns n
10 -975
Chapter 410. - Nonintoxicati 'Malt Liquor Page 8 of 9
It is hereby made the duty of the chief of police to notify the city council whenever any person is
convicted of a violation of this chapter. Such conviction shall be deemed sufficient cause for the city council to
revoke any license issued to such convicted person under this chapter.
(Code 1956, § 310.15)
Sec. 410.09, - Employees; owner's responsibility.
Any act of any clerk, barkeeper, agent, servant or employee, in violation hereof, shall be deemed the act
of the employer and licensee of such place, as well as that of said clerk, barkeeper, agent, servant or employee,
and every such employer and licensee shall be liable to all the penalties provided herein for the violation of
same equally with the clerk, barkeeper, agent, servant or employee.
(Code 1956, § 310.11)
Sec._410.10. - Temporary on -sale beer license.
(a) Temporary license; fee. Notwithstanding any other provision of this chapter to the contrary, a club or
charitable, religious or other nonprofit organization in existence for at least three (3) years, or a political
committee registered under Minnesota Statutes, Section 10A.14, may obtain a temporary on -sale license
to sell nonintoxicating malt liquor on the premises specified in the license, including playgrounds, school
grounds and school buildings. The fee for such license shall be established by ordinance as provided in
section 310.09(b) of the Legislative Code, and shall be paid prior to issuance of the license.
(b) Application. Application for such licenses shall be made on forms provided by the inspector and shall
contain the following:
(1) The name, address and purpose of the organization, together with the names and addresses of
its officers.
(2) The purpose for which the temporary license is sought, together with the place, dates and hours
during which the nonintoxicating malt liquor will be sold.
(3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for
the premises, including city, county, or school district property.
(4) Evidence that the manager or director has received alcohol awareness training provided by a
bona fide instructor or the city.
(c) Conditions. A temporary license shall be issued subject to the following conditions:
(1) Such license shall be issued for a period not to exceed four (4) consecutive days.
(2) No more than three (3) four -day, four (4) three -day, two (2) six -day, or twelve (12) one -day
temporary licenses, in any combination not to exceed twelve (12) days per year, may be issued
for the sale of nonintoxicating malt liquor to any one (1) organization or political committee, or any
one (1) location, within a twelve -month period.
(d) Applicability of other provisions of this chapter. No other provisions of this chapter shall apply to licenses
granted under this section, except section 410.03(a) through (e);section 410.035; section 410.04(a), (b)
and (c); sections 410.05, 410.06, 410.07, 410.09 and 410.10.
(e) Music, etc. An organization licensed under this section may provide instrumental music with dancing,
singing or vaudeville entertainment in connection with said license without regard to the requirements of
chapter 411 concerning entertainment.
(f) Class T license. Notwithstanding any other provision of law to the contrary, the temporary on -sale beer
license provided for in this section shall be administered as a Class T license and subject to the
provisions of these chapters governing Class T licenses. The inspector shall make all referrals as
provided by section 310.03, but the director may require the inspector to issue such license before
receiving any recommendations on the application therefor if necessary to issue such license on a timely
basis.
(Code 1956, § 310.21; Ord. No. 16783, 4- 30 -81; Ord. No. 17569, § 5, 6 -7 -88; Ord. No. 17854, § 1, 7- 18 -91; C.F. No. 94 -1561, § 3,
11- 16 -94; C.F. No. 97 -567, § 1, 6 -4 -97; C.F. No. 98 -551, § 1, 7- 22 -98; C.F. No. 00 -1045, § 1, 11- 22 -00)
Sec. 410.11. -Licenses for municipal golf courses.
The division of parks and recreation may be issued licenses for the sale of nonintoxicating malt liquor at
the Highland 18, Highland 9, Como and Phalen Golf Course Club Houses without payment of the license fee
and without submission of the bond required under sections 410.02 and 410.03.
/T TTL AI /1 nn/ 1 /1 ____1'7 /T1TT f, A 1 n 1_x__.1
10 -975
Chapter 410. - Nonintoxicati- Malt Liquor Page 9 of 9
(Code 1956, § 310.22)
Sec. 410.12._ - Revocation; suspension; fine.
Any license or permit under this chapter may be either suspended for up to sixty (60) days or revoked or
a civil fine imposed not to exceed two thousand dollars ($2,000.00) for each violation on a finding by the council
that the license or permit holder has failed to comply with an applicable statute, rule or ordinance relating to
alcoholic beverages. No suspension, revocation or fine shall take effect until the license or permit holder has
been afforded an opportunity for a hearing under section 310.05 of this Code.
(Ord. No. 17523, § 1, 12- 24 -87)
Chapter 310. - Uniform Licens,, Procedures
10 -975
Pagel of 5
Sec.. 310.05. - Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the council may or intends to
consider any adverse action, including the revocation or suspension of a license, the imposition of
conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license,
or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be
given notice and an opportunity to be heard as provided herein. The council may consider such
adverse actions when recommended by the inspector, by the director, by the director of any executive
department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own
initiative.
(b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or
licensee shall have been notified in writing that adverse action may be taken against the license or
application, and that he or she is entitled to a hearing before action is taken by the council. The notice
shall be served or mailed a reasonable time before the hearing date, and shall state the place, date
and time of the hearing. The notice shall state the issues involved or grounds upon 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 violation or as to the facts
establishing mitigating or aggravating circumstances, the hearing shall be held before the council.
Otherwise the hearing shall be conducted before a hearing examiner appointed by the council or
retained by contract with the city for that purpose. The applicant or the licensee shall be provided an
opportunity to present evidence and argument as well as meet adverse testimony or evidence by
reasonable cross - examination and rebuttal evidence. The hearing examiner may in its discretion permit
other interested persons the opportunity to present testimony or evidence or otherwise participate in
such hearing.
(c -1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be presented on
behalf of the city and the applicant or licensee, and shall present to the council written findings of fact
and conclusions of law, together with a recommendation for adverse action.
The council shall consider the evidence contained in the record, the hearing examiner's recommended
findings of fact and conclusions, and shall not consider any factual testimony not previously submitted to and
considered by the hearing examiner. After receipt of the hearing examiner's findings, conclusions, and
recommendations, the council shall provide the applicant or licensee an opportunity to present oral or written
arguments alleging error on the part of the examiner in the application of the law or interpretation of the facts, and
to present argument related to the recommended adverse action. Upon conclusion of that hearing, and after
considering the record, the examiner's findings and recommendations, together with such additional arguments
presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shall
be by resolution. The council may accept, reject or modify the findings, conclusions and recommendations of the
hearing examiner.
(c -2) Ex -parte contacts. If a license matter has been scheduled for an adverse hearing, council members
shall not discuss the license matter with each other or with any of the parties or interested persons
involved in the matter unless such discussion occurs on the record during the hearings of the matter or
during the council's final deliberations of the matter. No interested person shall, with knowledge that a
license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in
writing, any information, argument or opinion about the matter, or any issue in the matter, to a council
member or his or her staff until the council has taken final action on the matter; provided, however, that
nothing herein shall prevent an inquiry or communications regarding status, scheduling or procedures
concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and
include a person who is an officer or employee of the licensee which is the subject of the scheduled
adverse hearing, or a person who has a financial interest in such licensee.
(d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose
to be represented by another.
(e) Record; evidence. The hearing examiner shall receive and keep a record of such proceedings,
including testimony and exhibits, and shall receive and give weight to evidence, including hearsay
evidence, which possesses probative value commonly accepted by reasonable and prudent persons in
the conduct of their affairs.
(f) Council action, resolution to contain findings. Where the council takes adverse action with respect to a
license, licensee or applicant for a license, the resolution by which such action is taken shall contain its
findings and determination, including the imposition of conditions, if any. The council may adopt all or
part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the
10 -975
Chapter 31 0. - Uniform Licensc Procedures Page 2 of 5
same in its resolution taking the adverse action.
(g) Additional procedures 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 chapters. This shall include, without limitation by reason of this specific
reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415.
(h) Discretion to hear notwithstanding withdrawal or surrender of application or license. 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 application, if the attempted withdrawal or surrender took place after the
applicant or licensee had been notified of the hearing and potential adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or
other disciplinary action involving a license has been scheduled before the council, a continuation of the
hearing may be granted by the council president or by the council at the request of the licensee, license
applicant, an interested person or an attorney representing the foregoing, upon a showing of good
cause by the party making the request.
(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 inspector and posted by the licensee so as to be visible to the
public during the effective period of the adverse action. The licensee shall be responsible for taking
reasonable steps to make sure the notice remains posted on the front door of the licensed premises,
and failure to take such reasonable 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 independent hearing examiner. The costs of a contested
hearing include, but are 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 hearing, and the
cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the
position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad
faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or
involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of
drugs by the licensee or employees thereof, and /or the circumstances under which the violation
occurred were aggravated and serious; (iii) the violation created a serious danger to the public health,
safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to
persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee
was sufficiently in control of the situation and therefore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a required fee or the failure to renew required insurance
policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the
violation involved the sale of cigarettes to a minor.
(1) Imposition of fines. The council may impose a fine upon any licensee or license applicant as an
adverse license action. A fine may be in such amount as the council deems reasonable and
appropriate, having in mind the regulatory and enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion
of the council. To the extent any other provision of the Legislative Code provides for the imposition of a
fine, both provisions shall be read together to the extent possible; provided, however, that in the case of
any conflict or inconsistency, the other provision shall be controlling.
(m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by
which the city council determines the amount of fines, the length of license suspensions and the
propriety of revocations, and shall apply to all license types, except that in the case of a violation
involving a liquor license § 409.26 shall apply where a specific violation is listed. In the case of an
adverse action filed for a violation of chapter 331A, the licensee shall be given a fine for each individual
violation of § 331 A. The total fine amount for violations of § 331A may exceed the maximum fine
outlined below due to multiple violations in one (1) appearance. All penalty recommendations for
chapter 331A violations shall be based on the food penalty guideline referred to in chapter 331 A. These
penalties are presumed to be appropriate for every case; however the council may deviate therefrom in
an individual case where the council finds and determines that there exist substantial and compelling
reasons making it more appropriate to do so. When deviating from these standards, the council shall
provide written reasons that specify why the penalty selected was more aoorooriate.
Type of
Violation
Appearance
1st
2nd
3rd
4th
ie -9
RFnn nn find
I ci nnn nn fin.
to nnn nn find
I R.vnrafinn
Chapter 310. - Uniform License, Procedures
10 -975
Page 3 of 5
conditions
and 10 -day
placed on the
suspension
license
(2) Violation of
$500.00 fine
$1,000.00 fine
$2,000.00 fine
Revocation
provisions of
and 10 -day
the legislative
suspension
code relating to
the licensed
activity
(3) Violation of
$500.00 fine
$1,000.00 fine
$2,000.00 fine
Revocation
provisions of
and 10 -day
the legislative
suspension
code relating to
the licensed
activity, other
than violations
of the food code
(4) Failure to
5 -day
10 -day
15 -day
Revocation
permit entrance
suspension
suspension
suspension
or inspection by
DSI inspector or
police
(5) Commission
$700.00
$1,500.00
5 -day
Revocation
of a crime other
suspension
than a felony on
the premises by
a licensee or
employee
(6) Commission
$2,000.00
Revocation
n/a
n/a
of a felony on
the premises by
a licensee or
employee
(7) Death or
30 -day
60 -day
Revocation
n/a
great bodily
suspension
suspension
harm in
establishment
related to
violation of law
or license
conditions
(8) Failure to
Revocation
pay license fees
(9) Critical
$250.00
$500.00
$1,000.00, 5 -day
Revocation
violations under
suspension
331 A
(10) Non - critical
$150.00
$250.00
$500.00
$1,000.00
violation under
331 A
(i) Fines payable without hearing.
Chapter 3l 0. - Uniform Licen,„ Procedures
10 -975
Page 4 of 5
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making
a first or second appearance before the council may elect to pay the fine to the
Department of Safety and Inspections without a council hearing, unless the notice of
violation has indicated that a hearing is required because of circumstances which may
warrant deviation from the presumptive fine amount. Payment of the recommended
fine will be considered to be a waiver of the hearing to which the licensee is entitled,
and will be considered an "appearance" for the purpose of determining presumptive
penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid
without a hearing regardless of how many prior appearances that licensee has made
before the Council. The above council hearing requirement applies to violations under
Chapter 331A unless the fine recommended by the Department of Safety and
Inspections is equal to or less than the fine amount outlined in the above matrix.
Payment of the recommended fine will be considered to be a waiver of the hearing to
which the licensee is entitled, and will be considered an "appearance" for the purpose
of determining presumptive penalties for subsequent violations. A non - critical violation
under chapter 331A shall not be considered an "appearance" for purposes of
determining presumptive penalties for non -331A violations. A council hearing is
required if the Department of Safety and Inspections recommends a fine that is an
upward departure for the amount outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city council, the council shall
consider and act upon all the violations that have been alleged and /or incorporated in the
notices sent to the licensee under the administrative procedures act up to and including the
formal notice of hearing. The council in that case shall consider the presumptive penalty for
each such violation under the "l st Appearance" column in paragraph (b) above. The
occurrence of multiple violations shall be grounds for departure from such penalties in the
council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring after the date of
the notice of hearing that are brought to the attention of the city attorney prior to the hearing
date before an administrative law judge (or before the council in an uncontested facts hearing)
may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that
case be treated as though part of the "1st Appearance." In all other cases, violations occurring
after the date of the formal notice of hearing shall be the subject of a separate proceeding and
dealt with as a "2nd Appearance" before the council. The same procedures shall apply to a
second, third or fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the council by a
particular licensee, the council shall impose the presumptive penalty for the violation or
violations giving rise to the subsequent appearance without regard to the particular violation or
violations that were the subject of the first or prior appearance. However, non - critical violations
of Chapter 331A shall not be counted as an "appearance" before the Council in relation to any
violation other than another violation of Chapter 331A.
(v) Computation of time.
(1) If a licensee appears before the council for any violation in paragraph (m) where that
violation has occurred within twelve (12) calendar months after the first appearance of
the same licensee for a violation listed in paragraph (m) above or section 409.26, the
current appearance shall be treated as a second appearance for the purpose of
determining the presumptive penalty.
(2) If a licensee has appeared before the council on two (2) previous occasions for
violations listed in paragraph (m) or section 409.26, and if said licensee again appears
before the council for a violation listed in paragraph (m), and if the current violation
occurs within eighteen (18) calendar months of the violation that gave rise to the first
appearance before the council, then the current appearance shall be treated as a third
appearance for the purpose of determining presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous occasions, each
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation contained in paragraph (m), and if the
current violation occurred within twenty -four (24) calendar months of the violation that
gave rise to the first appearance, then the current appearance shall be treated as a
fourth appearance for the purpose of determining the presumptive penalty.
Chapter 310. - Uniform Licens„ Procedures
10 -975
Page 5 of 5
(4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a
first appearance. In case of multiple violations in any appearance, the date to be used
to measure whether twelve (12), eighteen (18), or twenty -four (24) months have
elapsed shall be the date of the violation last in time at the first appearance, and the
date of the violation first in time at any subsequent appearance.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before
the council regarding a death or great bodily harm in a licensed establishment that is
related to a violation of the law or license conditions shall be counted as a second
appearance, regardless of how much time has passed since the first appearance if
the first appearance was also regarding a death or great bodily harm in a licensed
establishment. A third appearance for the same shall be counted as a third
appearance regardless of how much time has passed since the first or second
appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4- 19 -88; Ord. No. 17559, §§ 1, 2, 5- 17 -88; Ord. No. 17659, § 1, 6- 13 -89; Ord. No. 17911,
§ 1, 3- 10 -92; C.F. No. 94-46, § 7, 2 -2 -94; C.F. No. 94 -898, §§ 2, 3, 7- 13 -94; C.F. No. 94 -1340, § 2, 10- 19 -94; C.F. No. 95 -473, § 4, 5-
31-95; C.F. No. 05 -180, § 1, 4 -6 -05; C.F. No. 06 -954, § 1, 11 -8 -06; C.F. No. 06 -1072, § 1, 12- 27 -06; C.F. No. 07 -149, § 73, 3- 28 -07;
C.F. No. 07 -1053, § 1, 11- 28 -07; C.F. No. 08 -1208, § 1, 12- 17 -08)