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95-1178 Council File # 1 S— � � 1(� o � I �1 � � � � Green Sheet # 33727 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �Q � Presented By � Referred To Committee: Date 1 2 RESOLVED, that all licenses held by Campus Sports Crrill and Nightclub d/b/a 3 Campus Sports Grill, for the licensed premises located at 2554 Como Avenue, in St. Paul, 4 Minnesota are hereby suspended for a period of one day, �G Z-Z , 5 1995; and be it 6 7 FURTHER RESOLVED that the findings of fact, conclusions of law conta.ined in the 8 ALJ report in this case, dated August 30, 1995 are expressly ratified and adopted as the 9 findings and conclusions in this matter. The recommendation of the ALJ is not adopted in 10 this matter. 11 12 This Resolution is based on the record of the proceedings before the ALJ, including 13 the hearing on August 14, 1995, the documents and exhibits introduced therein, and the 14 arguments of the parties on September 20, 1995, and the deliberations of the Council in open 15 session. 16 17 A copy of this Resolution, as adopted, shall be sent by first class mail to the Office of 18 Administrative Hearings and to the licensee, Campus Sports Grill and Nightclub. Yeas Navs Absent Requested by Department of: a e arris rimm uerin � e ar e an / ��G� une —�- By � � �`" Adopted by Council: Date (7 �-_ \q q � Form Approve by City Attorney ��` ` 1r� � Adoption Certified by Council Secretary gY . BY� Approved by Mayo for Submission to S Council Approved by . Date By: By� `tS —Il*l$ � c�t coun�� 9�25�9s �REEN SHEE N_ _3 3 7 2 7 � INIT�AVDATE INITUU.1Dr1TE � DEH�R77AENT DIRL � CITY COUNCIL Nanc Anderson �� CITYATfORNEY � CITYCLERK � i� �'` � euoQer o�cr� � flN. a Mor. ae�es an. � � wuvoR toR �isT�►nrt � TOTAL � OF SIONATlJRE PAOES (CUP AL4 LOCATIONS FOR SIGNATUR� �a� RECU�r�o: Finalizing City Council action taken September 20, 1995, concerning adverse action against licenses held by Campus Sports Grill and Nightclub, dba Campus Sports Gri11, 2554 Como Ave. RECO�MMEND/►TIONB: Appovr pp a iMJ�ot (R) pER80NAL SERVICE CONTNACTS MUST A1l91NER TNE FOLLOWING QUE�T'IONS: _ PW1NMNi COMMI8810N _ CIYH. SERVICE CaA�lI8810N 1. Has tl118 psrsonflirtn e�ror warlced under a oonMqd fa tlfb d�pukMnt? - _ CIB COMMI7TEE _ YE3 NO _ eTAFF _ 2. Hes Mb p�rson/Hrm ever b�Yn e c�ly employse9 . YES NO — ��T �RT — 3. Does this peroon/Nrm possees r ekNl rat normally po�sssssd by any curtent dly smploys�? suPPORTS vIMICH COUI�IL Oe.IEC'nvE4 YES NO Explain a11 y�� nsvwn on NpKab sla�t �nd att�oh to �n�n �I�t INITIATINO PROlLEM� �SUE. �(Who. VWW. WMn. Whsn. YYhY1: ADVANTAOE8 IF APPFlONED: . DISADVAWTAOE8 IF APPROVEO: DIBADVANTAQEB IF NOT APPR01IE0: CWt11C� Ri@3d�1 �il�if � SEP 2 � 1995 TOTAL AMOUNT OF TRANtACT10N = C08T/REVEMUE SUDGETEO (CIRCLE ONE) Y�S NO FUNDING 80URCE ACTIVITY NUMOER flNANC1AL INFOpMATION: {EXPWN) � � OFFICE OF THE CITY ATTO�Y ��,�� Timothy E. Mar� Ciry Attorney CITY OF SAINT PAUL c,,.;r DNU;o„ Norm Cokman, May� 400 Ciry Hall Tekphone: 612 266-8710 1 S West Kellogg Blvd Facsrmile: 612 298-5619 Saint Pau� Minnesola 55102 �� September 5, 1995 Mr. Frank R. Gruler and Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, Minnesota 55104 NOTICE OF COUNCIL HEARING RE: Licenses held by Campus Sports Grill & Nightclub, Inc., d/b/a Campus Sports Grill for premises located at 2554 Como Avenue, St. Paul - Our File Number: G95-0268 Dear Mr. Gruler and Mr. Bertzyk: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 3:30 p.m., Wednesday, September 20, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerel , � � Gail L. ang d Assistant Ci y Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 � ° �s'�� 60-2101-9925-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Campus Sports Grill & Nightclub, Inc. FINDINGS OF FACT. d/b/a Campus Sports Grill CONCLUSIONS AND 2554 Como Avenue RECOMMENDATION The above-entitled matter came on for hearing before John W. Harrigan, Administrative Law Judge, on August 14, 1995, at 9:30 A.M., at Room 41, St. Paul City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102. The hearing concluded on August 14, 1995. Gail L. Langfield, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of Saint Paul. Martin R. Bertzyk, one of the licensees, appeared on his own behalf. This Report is submitted to the Saint Paul City Council, pursuant to Section 310.05 (c-1) of the Saint Paul Legislative Code. This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of this record. The Council may accept, reject or modify the Findings of Fact, Conclusions and Recommendation cantained herein. Pursuant to Section 310.05�c-1) of the Saint Paul Legislative Code, the Council shall provide the licensee an opportunity to present oral or written argument alleging error in this report, and to present argument relating to any action recommended in this report. The licensee should contact Gail L. Langfield, Assistant City Attorney to ascertain the procedure for presenting argument. STATEMENT OF ISSUES 1. The issue to be determined in this proceeding is whether adverse action may be taken against all licenses held by Campus Sports Grill and Nightclub, , qs-�� Inc. d/b/a Campus Sports Grill on the grounds that: On two occasions, June 8 and 9, 1995, Campus Sports Grill sold and served intoxicating liquor in areas outside the building structure, both: (a) without the consent of the Council by resolution under Section 409.06(e) of the Saint Paul Legislative Code, and (b) without the consent of the license inspector under Section 409.1 1 of the Saint Paul Legislative Code. In so doing, other provisions of the Code were necessarily violated. This provides the basis for adverse action under Sections 310.05 and 310.06 of the Code. This is in violation of Section 409.06 and 409.1 1 of the Saint Paul Legislative Code. The Administrative Law Judge makes the following: FINDINGS OF FACT 1. Martin Bertzyk and Frank Gruler own and operate the establishment known as Campus Sports Grill and Nightclub d/b/a Campus Sports Grill. The City of Saint Paul has issued a Sunday On Sale Liquor license to the Campus Sports Grill, operating at 2554 Como Avenue, in St. Paul, Minnesota. 2. The Office of Licenses, Inspections and Environmental Protection (LIEP) is responsible for enforcing licensees' compliance with State statutes and City ordinances. Saint Paul Legislative Code provision 409.06(e) prohibits the sale or service of liquor outside the compact and contiguous space (building) named in the license. Saint Paul Legislative Code provision 409.08(15) requires the licensee to have the responsibility of taking reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can or glass containing any alcoholic beverage. 3. Prior to May 12, 1995, Mr. Bertzyk and Mr. Gruler applied for a temporary license for the extension of the liquor service area. The license (#13102) was issued to allow liquor service in the parking lot adjacent to the building on 5/13/95, 6/3/95 or 6/10/95, 7/15/95, 8/12/95, 9/9/95 or 9/16/95, between the hours of 5:00 p.m. and 9:30 p.m., or if on Sunday, between the hours of 1:00 p.m. and 6:00 p.m. 2 �s-�� 4. Prior to the issuance of the temporary license, Mr. Bertzyk and/or Mr. Gruler attended a meeting at the Saint Anthony Park Community Council where the plans were presented regarding the extension of the liquor service area. The dates presented at the Saint Anthony Park Community Council meeting were represented by Mr. Gruler or Mr. Bertzyk as tentative, pending the availability of entertainment. The Saint Anthony Park Community Council recommended approval of the temporary extension of the liquor service area. 5. The Saint Anthony Park Community Council is a citizen's district council and is not a licensing authority for the City of Saint Paul. Pursuant to Saint Paul Legislative Code Section 409.1 1(a�(6), the licensee was required to present the application for the temporary extension with either: (a) the written consent or nonobjection of the citizen's district council, or (b) petition with signatures of 60% or more of the owners of private residences, dwellings or apartment houses located within 200 fee of the premises, stating they have no objection to the granting of a temporary extension of the service area. 6. On June 8, 1995, Saint Paul Police Officers Mantiers and Harper entered the Campus Sports Grill at 2554 Como Avenue and observed the sale and consumption of liquor outside of the building. On this date, Campus Sports Grill did not have a license for the extension of the liquor service area. 7. On June 9, 1995, Saint Paul Police Officers Mantier, Lutchen and Learmont and Sgt. Cavanaugh entered the Campus Sports Grill and observed the consumption of liquor outside of the building. Kristina Van Horne, License Inspector from the City of Saint Paul was also present and observed liquor consumption outside of the building. On this date, Campus Sports Grill did not have a license for the extension of the liquor service area. 8. On June 9, 1995, Mr. Gruler was notified of the violation and agreed to move everyone inside and discontinue liquor sales outside of the building. 9. On June 23, 1995, the City Attorney's Office sent to Mr. Gruler and Mr. Bertzyk a notice of violation based upon the June 8 and 9 sale and service of liquor outside of the building. 10. On July 28, 1995, a Notice of Hearing was sent to Mr. Gruler and Mr. Bertzyk setting the matter on for hearing on August 14, 1995. 1 1. The City License Inspection Office recommends a one day suspension 3 �' >>� � of license. This recommendation is taken from Section 409.26, St. Paul Legislative Code which establishes a standard by which the City Council determines the length of license inspections. 12. The licensee and his employee, Mr. Qualle, stated emphatically at the hearing that they believed that they had followed all procedures necessary to get twelve "open-ended" dates for outside operation by going to the License Department and �ollowing through with the Saint Anthony Park Community Council. The licensee states that his dates are extremely hard to predict far in advance because of booking difficulties with entertainers. The licensee stated that he thought he only applied for "tentative dates". 13. Kris Schweinler, Senior License Inspector for the City of St. Paul, stated that she did not agree with the licensee, and she found it hard to believe that the licensee got the impression that he had a permit for "tentative" or "open- ended" dates. She further stated that all requests for temporary extension of the liquor service area must be in writing and must supply the specific dates. No open- ended or alternative dates are given. The licensee may obtain 12 dates, no more, in an annual period. Each date must be approved in advance by the Licensing Authority under the provisions of Section 409.07.1 of the Code Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. 340A.503, Subd. 2, and Saint Paul Legislative Code 310.05(c-1►. 2. The notice of hearing was proper in this matter and all procedural requirements of law or rule have been fulfilled by the City of Saint Paul. 3. Saint Paul Legislative Code Section 409, governs the action of liquor licensees in the City of Saint Paul. 4. On June 8 and June 9, 1995, the Campus Sports Grill permitted the sale and consumption of liquor in an extended service area. The licensee did not have a permit to allow service in an extended area on those dates. 5. On June 8 and June 9, 1995, the Licensee appeared to be in 4 qs-��$ compliance with directives of Section 409.1 1 of the Saint Paul Legislative Code in that the temporary area was immediately adjacent to the licensed premises, all operations appeared to be in compliance with the requirements of the law, and the area was enclosed to control access to and from the liquor service and consumption area. RECOMMENDATION IT IS HEREBY RECOMMENDED: That the City Council find that the Licensee was in violation of the provisions of Section 409.1 1 and 409.061e) of the Saint Paul Legislative Code on June 8 and June 9, 1995, by operation of an extended service area without the proper permits. The Council may impose penalties under the provisions of Section 409.26. Taking all of the facts of this case into consideration, the Administrative Law Judge recommends that the Council follow the recommendation of the Licensing Authority, but suspend the penalty for 18 months on the condition that there be no further violations of this provision. � Dated: r 0 �'/ � JOHN W. HARRI AN Administrative Law Ju ge NOTICE Pursuant to Minn. Stat. 14.62, Subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Tape recorded 5 . a�-1�� MEMORANDUM The basis for this Complaint by the City is that the licensee applied for and obtained permits but conducted the permitted activities on different dates, and therefore the activities were prohibited under the Code. The licensee freely admits the violations. Mr. Bertzyk and Mr. Qualle, however, positively assert that they believed that they had satisfied all of the requirements of the law and obtained permits to do what they did. They state that they believe that they did what they were told they had to do by the licensing authorities and that what they did was right. For those reasons, they believe that the recommended penalty, a one-day suspension of license, is too severe. They further state that having gone through this process, it is extremely unlikely that they will make a similar mistake in the future. Section 409.26 of the Saint Paul Legislative Code recommends penalties for license violations and presumes the penalties, "...to be a�propriate for every case; however the council may deviate from in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more apqropriate to do so." When deviating from these standards, the Council shall provide written reasons that specify why the penalty selected was more appropriate. In this case, the licensee went to the licensing authorities and applied for extended service permits, then to the Saint Anthony Park Community Council to comply with Section 409.1 1(a)(61, and states that he came away from those meetings under the impression that the "tentative" or "open-ended" dates were approved. Indeed, the original application, dated April 8, 1995, states, "dates are tentative pending band availability" (see Exhibit 8►. The licensee seems to have taken all of the steps required by the Code to control access to the area and provide the necessary parking, cleanup, etc. For the foregoing reasons, it seems reasonable to delay the imposition of the penalty set forth in Section 409.26 based on the future conduct of the licensee. It does not seem that the licensee intended to violate the Code. It also does not seem likely that the licensee will commit a similar violation. JWH 6 . , qS-��8 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill 2554 Como Avenue CITY'S PROPOSED EXHIBITS August 14, 1995 TO: Judge John Harrigan, Administrative Law Judge, Office of Administrative hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138 The following constitutes the proposed Hearing Exhibits of the City's Department of License, Inspections and Environmental Protection. Exhibit No. Description Exh. No. 1 Police Report CN 95-080-692 dated June 9, 1995 � PP•); Exh. No. 2 Notice of Complaint dated June 23, 1995, re 6/8/95 and 6/9/95 Incidents (2 pp.); Exh. No. 3 License Information re Campus Sports Grill and Nightclub Inc. (3 pp.); Exh. No. 4 License Information re Extension of Liquor Service Area. (1 p.); Exh. No. 5 Temporary License (1 p.); Exh. No. 6 Letter of March 27, 1995, from Frank Gruler to LIEP re: request for outdoor special events permit. (1 p.); Exh. No. 7 Minutes of April 8, 1995 Meeting of St. Anthony Park Community Council (2 pp.); Exh. No. 8 Request for Outdoor Events Permit from Gruler to St. Anthony Park Community Council (2 pp.); �J Exh. No. 9 July 28, 1995 Notice of Hearing (4 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 409 St. Paul Legislative Code § 310 Respectfully submitted this 14th day of August, 1995. � Gail . an e d Attorney a aw Of f ice of the City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8731 .. . q5-11�8 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill 2554 Como Avenue STATEMENT OF UNCONTESTED FACTS August 14, 1995 1. Martin Bertzyk and Frank Gruler own and operate the establishment known as Campus Sports Grill and Nightclub d/b/a Campus Sports Grill. The City of St. Paul has issued a Sunday On Sale Liquor license to the Campus Sports Grill operating at 2554 Como Avenue, in St. Paul, Minnesota. 2. The Office of Licenses, Inspections, and Environmental Protection (LIEP) is responsible for enforcing licensees' compliance with state statutes and City ordinances. St. Paul Legislative Code provision 409.06 (e) prohibits the sale or service of liquor outside the compact and contiguous space (building) named in the license. St. Paul Legislative Code provision 409.08 (15) reguires the licensee to have the responsibility of taking reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can, or glass containing any alcoholic beverage. 3. Prior to May 12, 1995, Mr. Bertzyk and Mr. Gruler applied for a temporary license for the extension of the liquor service area. The license (#13102) was issued to allow liquor service in the parking lot adjacent to the building on 5/13/95, 6/3/95 or 6/10/95, 7/15/95, 8/12/95, 9/9/95 or 9/16/95, between the hours of 5:00 p.m. and 9:30 p.m., or if on Sunday, between the hours of 1:00 p.m. and 6:00 p.m. 4. Prior to the issuance of the temporary license, Mr. Bertzyk and/or Mr. Gruler attended a meeting at the St. Anthony Park Community Council where the plans were presented regarding the extension of the liquor service area. The dates presented at the St. Anthony Park Community Council meeting were represented by Mr. Gruler or Mr. Bertzyk as tentative, pending the availability of entertainment. The St. Anthony Park Community Council recommended approval of the temporary extension of the liquor service area. 5. The St. Anthony Park Community Council is a citizen's district council and in not a licensing authority for the City of St. Paul. Pursuant to St. Paul Legislative Code Section 409.11 (a) . . qs�>>>� (6), the licensee was required to present the application for the temporary extension with either 1) the written consent or nonobjection of the citizen's district council, or 2) petition with signatures of 60% or more of the owners of private residences, dwellings or apartment houses located within 200 feet of the premises, stating they have no objection to the granting of a temporary extension of the service area. 6. On June 8, 1995, St. Paul Police Officers, Mantier and Harper entered the Campus Sports Grill at 2554 Como Avenue and observed the sale and consumption of liquor outside of the building. On this date, Campus Sports Grill did not have a license for the extension of the liquor service area. 7. On June 9, 1995, St. Paul Police Officers Mantier, Lutchen and Learmont, and Sgt. Cavanaugh entered the Campus Sports Grill and observed the consumption of liquor outside of the building. Kristina Van Horne, License Inspector from the City of St. Paul was also present and observed liquor consumption outside of the building. On this date, Campus Sports Grill did not have a license for the extension of the liquor service area. 8. On June 9, 1995, Mr. Gruler was notified of the violation and agreed to move everyone inside and discontinue liquor sales outside of the building. 9. On June 23, 1995 the City Attorney's Office sent to Mr. Gruler and Mr. Bertzyk a notice of violation based upon the June 8 and 9 sale and service of liquor outside of the building. 10. On July 28, 1995, a Notice of Hearing was sent to Mr. Gruler and Mr. Bertzyk setting the matter on for hearing on August 14, 1995. Respectfully submitted this 14th day of August, 1995. � � � Ma tin Bertzyk Gail L. La field Ca us Sports Grill and Attorney at Law Nightclub Office of the City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612) 266-8731 ' . .�> _ I...._ . i _.,..a,- ST. PAUL POClCE DEPARTMENT - "1'j'��7 Y. Page �oi�_ GENERAL REPORT Y � �/' ` - Day Month Dato Yea► Tims: Squad• 7eam; Ottanss• -•+� -g s' � caoo / � t� -,�J� ; �- � ; c�aar � Lxation of calr. � . Location of crim: scan.: , — rrtw ot,4rr.,t OrT �o2c,� . _ � Time 6 Oate of Oxurrence: --• • Bu . Phons: Hom� Phorw.� Oceuned At ❑ Between: Q� hn. on l9� and hro. on -- ComplainsnYa Name (Last, First, Middk • Addresr. . �' � !-�� Articles Fiecovered: _ Dispositton: � Records � Crime Lab Lodcar � � Crima Lab � Proparty Room , _ , . .:. _ _ , �: . ::. .. ,. ,::: �Y`��.�. . ��. ��.��'.�'��. .. . , RATkV� .. � .�. .... . ,- ,. .... ..... . Arrest Number Last Nams Fint Middle Address DOB Ag� Sex Raa � - , - - - - - ---- --- ' . . Dr, � = 8'- 9s � ��,-�JX, aa � _h r� ., m __ - .. �� `�,�� c�, ol� �� a � c� . 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No.: O.T.: T R ,/�„ Code: Nems En . ' �Yss No � �.� � _.r�: r CHF ❑ Hom ❑ Rob ❑Jw ❑ Coord ❑ ID ❑ Lab T A � ❑ D�C ❑ Burg � Thett � Prop ❑ CAU ❑ F8F ❑ Auto ❑ DAO CO n e e icenses o ampus pOT S 11 � O C Nightclub d/b/a Campus Sports Grill — City's Earh. No. 1 _-.:Y'' _' .-.. ..�. . _�".''�r��o.;.,�..t;,.S�w!>iv.,,.._:-r.w�!ay#'r.. . .. . � � ... ' .°L-' .. - . . - � , q +11 � CONTINUE NARRATIVE HERE . _ � � . . . .. _ .�. L�'�o: C'.1.-�r_r�_UG� ,�aY�, - - �"�,�,�.' !�Q _---- . _� . . _ _ , . - S _ �� . ._ �,oa,� . -�-s _ �c � _ .�.��__ �� _ _ _._ . �e:__ . : t , _ - . � � - h� �h �� , c ��; ..�` , ��o . << , �� « l.cJ.�it�2- `-:2�GfDl GZ. �SS i � C.Q �� - ��l a� �- C�u� hG� ��2� G��oa�� _ � �a � ��-e- - ��;�� - . - �� . G',�, � �l -� �ou.� � . _ . ,�� c�� . ;�?� �,�, f � �� "// �a_ � / �310�. - - - - _ _ __ _ ._ _ _ __ _ ._ T.. - � - . . _...ti... . .� -_. .. ..._.' "'..�•w...,r�..w�,.:w.<�w.,..__ . .. . . �-f " - 'Yc'�':._.--"'."_'."'.._ . . . _ . _. , _. . _ . _�, _ .�. . � . . ...� _ ,'> � _�� .. . ._� `�.`��'_�.�_ " . ..... .. .. .. �.. . _ . . �._ . ___._� . . ..��. .... �� . . �/��. .�� _.'..�......._._�..�_._�....�..,.___...�.... .. . �. .... .._.�..�.� .......�.�.�,.._......�..._ ..... �fl.. - . . ._.. . . . .�._.._....�.�_.._ ....�.�___.'_ . ......... ... _. .._ �.�..._. .__.__ _._. .... __ ...... _�"_. .__.._._..�...._...__.. ._. . .... �- � �� . ' � �` _ . . .. � --. _.. ._ _ . _ . � _ � _ _ '-. .�___. �_�� "�_. _._.�.�_`� . . . . . ^ • OFFTCE THE CITY ATTORNEY�_ � � . TimothyE. �, CityAttomey CITY OF SAINT PAUL c�� n��s�on Norm Coleman, Mayor 400 City Hall Telephone:612 2GG-8710 15 WestKelloggBlvd. Facsimile: 612 298-5619 Saint Paul, Minnesota55102 � June 23, 1995 Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, Minnesota 55104 Re: All Licenses of Campus Sports Grill Our File Number: G95-0268 Dear Mr. Gruler and Mr. Bertzyk: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is that: On two occasions, June 8 and 9, 1995, you sold and served intoxicatinq liquor in areas outside the buildinq structure, both (a) without the consent of the Council by resolution under Section 409.06(e) of the Saint Paul Leqislative Code, and (b) without the consent of the license inspector under Section 409.11 of the saint Paul - Leqislative Code. In so doinq, other provisions of the Code were necessarily violated. This provides the basis for a8verse action under Sections 310.05-.06 of the Code. If you do not dispute the above facts, and wish to have the matter go directly to the City Council for its determination based on the above facts and facts contained in the files and reports of the License, Inspections & Environmental Protection office regarding these matters, call me at 266-8728 to work out the procedures for that. If you dispute the facts as I stated them above, or have additional facts that you wish to introduce in a hearing, I will take the necessary steps to schedule a hearing before an independent hearing examiner. You will receive a formal Notice indicating when and where to appear, the basis for the hearing, and other procedural n e e icenses o ampus por s ri —,Nightclub d/b/a Campus Sports Grill — City's E�. No. 2 ^ �� qs-�� $ • • Page 2 rights. Please respond within one week. You may be responsible for costs if I schedule a hearing thereafter and you do not appear and/or contest the facts. Very truly yours, • �. Philip B. Byrn Assistant City Attorney cc: Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP . . �15-1��$ � • STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 27, 1995, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue St. Paul, MN. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. JOANNE G. CL MENTS Subscribed and sworn to before me this 27th day of June, 1995. Notary ublic � BELVA J. FLOYD �RARY M��C -1�MNrESOTA RAMBEY �ITY � M►Oom�. �p+��s,�.n. s�, 2aoo � � • , . . .. . .. � . � . . .. . . ..s f.ar�,f JJ�Ia^ � " . . . i �. ,�. 7c�.� �'Sl�j .N '� , ••'3; f 5: �� .e i'. ��ff�r� . . . - � . . , `� Y : 7. � . .. . . . . . . .. . . . rr: 'r.�; v��++rW.• t q�-►�� Lic ID ................... 33083 STAT..................... AC Business Name............ CAMPUS SPORTS GRILL & NIGHTCLUB, IN C. Address .................. 2554 COMO AVE Zip...... .............. 55108 Doing Business As........ CAMPUS SPORTS GRILL/BASELINE CLUB INC License Name ............. GAMBLING LOCATION (CLASS A) Exp Date ...... .......... 09/30/95 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 3/15/95 PH ON APPN FOR NEW CLASS A GAMBLING . LOCATION LICENSE APP'D C.F. #95-282 Tax Id ................... N/A Worker Comp Exp Date..... Telephone ................ 646-1539 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° July 19, 1995 I hereby certify that this is a true and exact copy of the records of the LIEP Office of the City of St. Paul for Campus Sports Grill & Nightclub Inc. DBA Campus Sports Grill/Baseline Club Inc. at 2554 Como Avenue. . �'Y �-t.t� �' Kris Schweinler, Chief License Inspector ta Public r-� /-� ■�,�N.nnAM/�M�A�r,nwAMAh�/lI1Mn • �,{,ypp K�Y KOflAN : NOTARY PUBLIC-MINNE30TA I�yr Commlalon Expres,Nn. 3t� 2000 . ': � r � � _, Nightclub d/b/a Campus Sports Grill — City's Exh. No. 3 • t ��I�� July 19, 1995 I hereby certify that the attached is a true and exact copy of the records of the LIEP Office of the City of St. Paul for Campus Sports Grill & Nightclub Inc. DBA Campus Sports Grill at 2554 Como Avenue. �,;,,� �� .� � � Kris Schweinler, Chief License Inspector ot y Public '"��'� :nnnnw,�. , , . ,,, ��nnnnn� �:� ' ,_I�{Df? t�';Y KORAN ��,��„� ��:..� ` NOTARY PUBLIC-MINNESOTA � :� My Canmlaelon Expni,lan. St.l000 r � - ry � q5-1��$ Lic ID ................... 72567 STAT..................... AC Business Name............ CAMPUS SPORTS GRILL & NIGHTCLUB INC Doing Business As........ CAMPUS SPORTS GRILL Address .................. 2554 COMO AVE Zip ...................... 55108 Exp Date ................. 09/30/95 License Name ............. ENTERTAINMENT-CLASS C . RESTAURANT (B)-MORE THAN 12 SEATS . SUNDAY ON SALE LIQUOR . LIQ-ON SALE-OVER 200 SEATS-A NOTE AREA ................ 12880 . PH NOTICE SENT 8-15-94 SET 9-28-94 . 10/21/94 ROBERT KNAUFF-EXHUSBAND OF RENEE MONTPETI . 289 5TH ST E#204 (223-8442)-CALLED TO ASK FOR . INFO ON MARTIN BERTZYK & FRANK GRULER-HE ASKED FOR . FRANK GRULER'S ADDRESS. THIS INFO WAS GIVEN OVER . THE PHONE. . 10/26/94 PH ON APPN FOR NEW ON SALE LIQUOR-A, . SUNDAY ON SALE, RESTAURANT-B, AND ENTERTMNT-III . LAID OVER INDEFINITELY (C.F. #94-1400) Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . 12/21/94 PH ON APPN FOR NEW ON SALE LIQUOR(A), . SUNDAY ON SALE LIQUOR, RESTAURANT(B), AND . ENTERTAINMENT-III APP'D C.F. #94-1400 . 1/26/95 REFUND FOR DIFFERENCE BETWEEN CLASS 4& . CLASS 3 ENTERTAINMENT ($1165.00) ISSUED . P.V. #V-330-6441. . LICENSEE WAS MAILED HIS LICENSE INCLUDING THE . CLASS 4 ENTERTAINMENT- HE HAD PREVIOUSLY WRITTEN . REQUESTING IT BE CHANGED TO A CLASS 3. THE . LICENSE WAS CHANGED AND A CORRECTED LICENSE WAS . MAILED TO THE LICENSEE. Bond Policy Number....... B ond Company ............. Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ BRITAMCO UNDERWRITERS Ins. Policy Number....... DOL021247424 3 Insurance Effective Date. 03/21/95 Ins. Expiration Date..... 09/30/95 Associated Stock Holder.. MARTIN RICHARD BERTZYK . FRANK ROBERT GRULER Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Dealer No ................ Tax Id ................... 1595000 Worker Comp Exp Date..... Telephone ................ 646-1339 a5-�� ITINERANT}FILE...... 13102 BUSINESS.NAME....... CAMPUS SPORTS GRILL & NIGHTCLUB INC ADDRESS ............. 2554 COMO AVE ZIP ................. 55108 DBA ................. CAMPUS SPORTS GRILL LICENSE DESCRIPTION. EXTENSION OF LIQUOR SERVICE AREA - EVENT}DATE.......... 05/13/95 . 06/10/95 . 07/15/95 . 08/12/95 . 09/16/95 TAX.ID .............. 1595000 PHONE.NO............ 646-1339 EXPIRE DT........... 091695 NAME OF EVENT ...................... STAND LOCATION...... OUTDOOR CONCERT 2554 COMO OUTDOOR CONCERT 2554 COMO OUTDOOR CONCERT 2554 COMO OUTDOOR CONCERT 2554 COMO OUTDOOR CONCERT 2554 COMO July 19, 1995 I hereby certify that this is a true and exact copy of the records of the LIEP Office of the City of St. Paul for Campus Sports Grill & Nightclub Inc. DBA Campus Sports Grill at 2554 Como Avenue. � _ , Kris Schweinler, Chief License Inspector ary Publie � �03 � —C� � ■ �niwnrtnnrr ■ �r �_INDf! KAY KORAN � � : NOTARY PUBIIC-MINNE80TA 'x:�-,�. ' A9y Commlaslon Explret Jan. 91, Y000 � ;. rv�tinnnMN�nnR�!et�nnnnnnnn��nnMMNV r ampus �por�s uiiii ai _Nightclub d/b/a Campus Sports Grill — City's Exh. No. 4 . . as �� LICENSE N0. - CITY (�F FAIN: PAUL FEE CoLLEC1�D 0�7CE OF LlCENSE, INSPEC770NS 1310 2 �D ENVIRONMENTAL PROTEGTlON $ 5 3. 0 0 TEMPORARY LICENSE POST LiCENSE IN A CONSPICUOUS PLACE THIS IS TO CERTTFY THAT CAMPUS SPORTS GRILL & NIGHTCLUB INC DDING BUSINESS AS CAMPUS SPORTS GRILL PLACE OF BUSINESS 2 5 54 COMO AVE � HAVIIVG PAID TE� ABOVE FEE AND COMPLIED WTfH OTHER ORDINANCE REQUIRENIENTS APPLICABLE TFIE[tETO, IS I�IEREBY AUTHORI7� TO CONDUCT THE BUSINESS UF: EXTENSION OF LIQUOR SERVICE AREA Eatended to the parking lot adjacent to the building on NOT TRANSFERABIB FROM 5/13/95, 6/3 or 6/10/95, 7/15/95, 8/12/95, 9/9/95 or �sox'roPExsotv OR PLACE TO PLACE 9/16/95, between the hours of 5:00 PM and 9:30 PM, or, if on Sunday, between the hours of 1: 00 PM and 6: 00 PM. THIS I.10E1vsE LS tssuID SUBJECf TO TF� PROVLSIONS OF ALL ORDINANCES OF � Tf� CfTY OF ST. PAUL, NIINNESOTA AND MAY BE REVOI�D. THIS LICENSE EXPIItES 0 9/ 16 / 9 5 DATE OF ISSUANCE 0 5/ 12 / 9 5 ROBERT KESSLER , � � � _ Nightclub d/b/a Campus Sports Grill _ City's E�. No. 5 Q5�-1t� $ � - /� 1 a� MARCH 27, 1995 To: Chris VanHorne L.I.E.P. 350 St. Peter Street Suite 300 St. Paul, MN 55102 Re: Request for outdoor special events permit. Location: Campus Sports Grill Back Parking Lot 2554 Como Avenue St. Paul, r�N 55108 Phone: 646-1339 Dates: OUTDOOR CONCERTS Saturday, May 13, 1995 Saturday, June 3 or 10, 1995 Saturday, July 15, 1995 Saturday, August 12, 1995 Saturday, September 9 or 16, 1995 S�3o �/y� All concerts will conclude by 10:00 p.m. Concert dates may be changed due to band availability. OTHER EVENTS June or July - Professional Boxing July or August - Professional Wrestling Security: Provided by Campus Sports Grill Age Distribution: Events will be open to those 18 years and up. Estimated age range is 18 to 40. Beer & Liquor: Beer and liquor area(s)�`will be roped off with security at all entrance(s) and exit(s). If you have any questions please feel free to call me or Mike Qualley at 646-1339. Frank Gruler Owner .�L � �� . _Nightclub d/b/a Campus Sports Grill _ City's Elch. No. 6 OSi11i1995 12=33 FROM St. Rnthonv Pk COMM Cn. TO 992669124 P.01 . . ��1�$ . � � �.;�.d� St. Anthony Park Community Counc�l � Full Counoil � G( t7,� I April 8th, 1995 - 7:00 P.�• � Arndorfer pz-esiding . `^ 1 YktESENT Council Members: Arndorfer, ostrem, Davis, Skx�bred, Boss, I Snoxell, B�rgtad, Shipp�c, Magnuson, Watters� M�Cann� Marnheim; , Gueats Nanay Homans PED, Raeone Buokman Loscalzlo� Andy Driscol, Don i Luna; gtaff: Struck. I � The AGFsNDA and MINUTES for tk�e March 8th meeting we�E approved as � carrected Magnuson chaired the last meeting. The agenda was modifi�d j bv consensu� to postp�ne CIH rsnkinSs and replac� �t with a re'port j from tha Hospitality Task Force. 1 BRINGiNG THE RIV�it TO THE NEIGHBOFt�00AS - Nancy Homans from PED �ave a br.i,ef present�tion on the ideas being discussed for rxverfront ! development. The city wili be holding meetzn�a to gather i.deas and � hear citizen z�esctiona both positxve and negata.ve. One id�a is to � ma�e be�ter use of the ri.ver as a focal. point and a factor ht dz�aws � �.l.l of St. Paul together. i ti PRESENTATI.UN ON POLICfi-C�VILIAN INTERNAL AFFAIR3 R�VIEW COMMISSION - � Commisszoner �on I�una spvke about the act�vities of the Commission and � about the tirainin� �eoeived by the citizen pa;rti.eip�nts. Luna exp�:�i.ned the different possible dispossions of camplaxnts that come before t�x� group. Gouncil membri�s snd neighbors are invited to call ' the Commissio�n with any questions or complaints about po�.i.ee services. FH'FSICAL T?LANNING COMMITT�E FtEP�KT - Watters rep4rted about the ' summary of the Intermodal Shipping 3tudy. There wa� disaussion about . the process used in the study and Watters moved and Shi�pee seconded , that the Gouncil write to the MetropoliCan Counoil to express concern a bout the study. The Counc�.l Peels that the u�ocess for citizen participatxon fn the study did not a1J.ow Por meaningful in.put. Motion ' passed. INTEGRATED SERVIC�S DIGITAL NETWORK - Watters reported that US West : will be prov�ding services on th� ISDN to this area in 1996 thar�ks to thE efforts of Mi�e O'Connor. Watters moved and Mazanheim seconded , tk��t a letter to o'Connor be sent expressin� the sppreciation of the Council. Motion Aassed. � . � 280 TASK k�(?RCE - Watters reported tha� the•committee had discussed the , �,iu►elines far the project, which ia Expeated to be couipleted sometime � this summer. �o�a moved and Sti•aut�hn seconded that the Community Counc i�s in favor of the vonstruofi,ion of a noise w�11 elong 'P.H.280 ' from Territorie�l to Como durint3 the 1995 cans�ruction seasan, as the � only practioal method of noi.se �batement. Thi�s xs �o be communxoated � �t:o Counoilmember Mepard. Mation pas�ed. � RIYERFRQNT �ALLPARK - Watters reported that the Commzt�ee had received : a letter from another Council voici.ng ob�ection to the d�velopment of ` � � . _ Nightclub d/b/a Campus Sports Grill _ City's E�. No. 7 03�11�1993 12=34 FROM St. Anthony Pk COMM Cn. TO 992669124 P.02 � . qs-�� a Eallpark on the riverfrorit. There was mucln discussion on possible souxces of funding and other usea of the riverf.ront. Watters moved and Shi.ppee seconded that the Council write to the Mapor and voice the f�ouncil's diss reement With the devalo ment o£ a. baseball stadium oz� the riv�rfront. The Council Peels that thxs is no'� a suite.ble pro ect � £or public funding, particularly CI� funding. Motion passed 7- 5. 1 PR£SBNTATI0 ON THE PROI�OSEA CITY CHARTER AMENDMENT - Andy Dri�col and , Raeone Losca�,zlo talhed about the alternative structux'es for a City Cour►cil that axe now being discussed. Thep exp�,ained that there can ! be advantages to bavi.ng a mixture of Gounci�.members eleoted by wards � and at-a�rge Counoi7.members. Changi.ng the terms to gtag�ered four i year terms wss also discussed. There wi.l7. be a series of � informational meetin�s, then thexe will. be a decisioz� as to whether or not to put tk�e issue on t.he ba�lot. 1 CAMPUS SPURTS GFtILL OU'�AOOR EV�NTS - Frank Gruler explained that the , ,� busi.ness hopes to have four outdaor concerts on Saturdays over the summer riixe Quall, the events 000rdinatar, gave back�round : xnformation about similar events in ather locations and som� of the i specifics of the plans. There was much discussa.on about noise Ie�els� i garkin� and securi•ty. Shi ee moved atzd McCann sc:conded that the Counczt recommend ap rov�l of the Outdoor Ev�nts pexmit as described in Grulers A riY �2 mema to the CounCil witk� the follow limitations: � 1 no more than 90 deoibels a►t the sound boaxd 2) the evet�ts will be � held from 5•00 p m - g•3� n m. 3) i� the �Vent is rained out foz� � Ssturds the event will be resCheduled for the next da Sunda 1:00 ' .m. - 6:00 p.m. Motion assed with one no vote. i ; �iOUSING ANll HUMAN SfiRVICBS - Skzlbred g$ve a reminder about the upeoming food drive, and deacribed,plans for a sma31 scale houaing �' fair. � COUNCIL FORUM -�.rndorfer stated that the next me�ting of the Forum ' wzll be here zn St. Anthony Park, and that agenda will include a . speaker. There axe plana underway �or a retreat for representatives • from all the Council�. It is saheduled for May 12-13 at Wilder ., Forrest. Tl�e theme will be Maki�n� and Strengthening New Connection�s. COMMUNITY �RC3ANITER REPORT - 1'lease attend the Pot Luck Dinne� at � 5:30 before tk�e next Fu1� Council Meeting hexe a't the Reo Center. � Adjourned 9:3Q p.m. Submitted by Abby 3truck C.O. 1 ij ,� � .� � I �• I ' � � _ TOTAL P.02 . � q5- �� $ , Wednesday April 12, 1995 District 12 Council Members Re: Outdoor Events Permit � Location: Campus Sports Grill Back parking lot 2554 Como Ave St. Paul, Mn Dates: Outdoor concerts (dates are tentative pending band availability) Saturday June 3 or 10, 1995 Saturday July 15, 1995 Saturday August 12, 1995 Saturday September 9 or 16, 1995 �� Time(s): Concerts will start mid to late afternoon and will be finished between 9:30 - 10:00 P.M. Security: Security personnel provided by Campus Sports Grill. 15 - 20 people will be staffed per event. Attendance: 300 to 500:people per event(' nigh expectation: 800 to 1000 ) All events will be open to people 18 years of age and older) Beer area: Beer will be served in a secured roped off("Beer Garden")area. Person(s) wishing to purchase beer will be required to show proper I.D., they will also be stamped (wrist bands may also . be used). Beer wiil not be allowed outside of "Beer Garden". Security personnel will be at all entrances and exits to the i "Beer Garden". Parking: Parking will be mainly off the ec=ent site. Area business lots will be used with permission of owners.The University of Minnesota lot two blocks west of Ca�pus Sports Grill is currently being researched. Shuttle service will be provided by Campus Sports Grill. No parking signs will be posted at lots not being used. Trash pick-up: All areas around Campus Sports Grill will be picked up immediately following event. This includes streets, parking lots, and area businesses yards. These areas will be checked again the morning after event by Campus Sports Grill management. _Nightclub d/b/a Campus Sports Grill _ City's Exh. No. 8 . � . .. P ge 2 A5- `1�� • Emergency access: Emergency vehicles will have easy access to event site through the main entranc�:of parking lot. If there are any other questions, please feel free to contact:Frank, Marty or Mike at Campus Sports Grill - 646-1339. � � i � �' � O � . '� � Q' ' � � � __ _ ��1 v • OFFICE OF THE CITY ATTORNEY � Tinwthy E. Mar� Ciry Auorney CTTY OF SAINT PAUL CivA Division Norm Colemax, Mayor 400 Ciry Hall Telephone: 612 266-8710 15 Wen Kellogg Blvd. Facsimile: 612 298-5619 Sain[ Paul, Minnesota 55102 � July 28, 1995 NOTICE OF HEARING Mr. Frank R. Gruler and Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue Saint Paul, Minnesota 55104 RE: All licenses held by Campus Sports Grill & Niqhtclub, Inc., dba Campus Sports Grill for premises located at 2554 Como Avenue, St. Paul Our File Number: G95-0268 Dear Mr. Gruler and Mr. Bertzyk: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Monday Auqust 14, 1995 Time: 9:30 a.m. P1aCe: Room 41 3t. Paul City Hall 15 W. Relloqq Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: John Harriqan Office of Administrative Hearinqs 100 Washinqton Square, Suite 1700 Minneapolis, 1�IId. 55401 Telephone: 872-0222 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against,such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of � � _ Nightclub d/b/a Campus Sports Grill _ City's E�ch. No. 9 . _ �I,�-�>>� licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judqe which may lead to adverse action against all the licenses you hold at the above premises as follows: On two occasions, June 8 and 9, 1995, you sold and served intoxicatinq liquor in areas outside the buildinq structure, both (a) without the consent of the Council by resolution under Section 409.06(e) of the Saint Paul Leqislative Code, and (b) without the consent of the license inspector under section 409.11 of the Saint Paul Leqislative Code. In so doinq, other provisions of the Code were necessarily violated. This provides the basis for adverse action under Sections 310.05-.06 of the Code. Additionally, on June 23, 1995, members of your staff ejected a patron with unnecessary force. This conduct violates Section 409.08 (5) of the St. Paul Leqislative Code which provides: ��Every licensee is hereby required to maintain order and sobriety in such place of business.�� and Section 409.14 (a) which provides that: ��Any act by any clerk, barkeeper, aqent, servant or employee of any licensee hereunder, in violation of this chapter, shall be deemed the act of the employer and licensee of such place ... and every such employer and licensee shall be liable to all the penalties provided for the violation ...�� These acts provide a basis for additional adverse action under Sections 310.05 and .06 of the Code. �� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge ; Notice of Hearing - Page 2 / 1 . as-»�$ may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative . Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very tru y yours, � Gail L. Lang i ld Assistant City Attorney cc: Judge John Harrigan, 1900 Hennepin Ave., Mpls, MN 55403 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 Sgt. Don Cavanaugh, St. Paul Police Dept. Officer Corrine Manthei, St. Paul Police Dept. Notice of Hearing - Page 3 / 1 qs-��$ STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 31, 1995, she served the attached NOTICE OF HEARING on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Frank R. Gruler and Mr. Martin R. Bertzyk Campus Sports Grill 2554 Como Avenue St. Paul, MN. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. OA G. CLEMENTS Subscribed and sworn to before me this 31st day of July, 1995. �-�.�-�. Nota Public � IrI�MI�dT11 AA�Y �OUNTY Mre�r�. s,Mw�,�n. a�.'000 r .: , , . ... ., i n•,r,w ..e.s,hsr, y! � C? �`r,� � ? .4 A+i..3 � � l�Yt•� : i�lt�1A - �.il�tk Y��t7M �` "^ t�.t�:"� 1f�t"'�lf� ,sti ,,,,. ..; .;��..�i • .. � ,.....s�rt:�.�,.'m..,�.�:vrwW..:vy'Y�r'.�a..�1p . . qs-i�� LICENSES § 310.01 3 SUBTITLE A. IN GENER.AI� C1ass I Zicenses means those licenses which can be approved and issued or denied by the director, subject to the procedures required by these chap- Chapter 310. Uniform License Procednres ters. The following licenses are so classified, and the numbers shown opposite them correspond to Sec. 310.01. Definitions. the chapters in the Legislative Code pertaining to each license: For the purposes of this chapter, any chapter of the Legislative Code pertaining to licenses as here- Legislatiue inafter mentioned, and subsequently enacted or- Code dinances establishing or relating to the require- Class I Licenses Chapter ments for Class I, Class II and Class III licenses Automobile ftepair Garage and 315 under authority of the City of Saint Paul, the Body Shop terms defined in this section shall have the mean- p,nimal Foods Manufacturing 316 ings ascribed to them: and Distributing Adaerse action means the revocation or suspen- Amusement Rides 317 sion of a license, the imposition of conditions upon Mechanical Amusement Devices 318 � a license, the denial of an application for the grant, Bill Posters 319 issuance, renewal or transfer of a license, the im- Bituminous Contractors 320 position of a fine, the assessment of the costs of a Boarding and ftoominghouses; 321 contested hearing, and any other disciplinary or pormitories unfavorable action taken with respect to a li- Bowling Alleys; Pool Halls 322 cense, licensee or applicant for a license. Adverse Christmas Tree Sales 323 action includes any of the foregoing directed at Cigarettes 324 one (1) or more licenses held by a licensee at any Close-Out Sales 325 location in the City of Saint Paul. Adverse action Building Contractors 326 also includes disapproval of licenses issued by the Dry Cleaning and Dry Dyeing 327 State of Minnesota under statutory provisions Plants; Laundries which permit the governing body to disapprove Electrical and Appliance Repair 328 the issuance of the license. Fire Alarm—Telephone Devices; 329 Apparatus Installers Bond means a bond meeting the requirements Florists 330 of section 310.07 and indemnifying the City of Food License 331 Saint Paul against all claims, judgments or suits �el Dealers—Liquid Fuel 332 caused by, resulting from or in connection with Fuel Dealers—Solid Fuel 333 any licensed business, activity, premises, thi.ng, �migating—Pest Control 334 facility, occurrence or otherwise under these chap- Gasoiine Filling Stations 335 ters. Private Fuel Pumps 336 Building official means the official in the office Hardware Stores 337 of license, inspections and environmental protec- House Sewer Contractora 338 tion charged with the responsibility of enforce- Ice Cream Processing and Dis- 339 ment of the building code. tributing Mercantile Broker 340 � Chapters and these chapters shall mean this Uni- Milk 341 form License Ordinance, any chapter of the Leg- Oil—Bulk Storage 342 islative Code pertaining to licenses as hereinafter Opticians 343 mentioned, and subsequently enacted ordinances pawn Shops 344 _ establishing or relating to the requirements for Peddlers 345 . Class I, Class II and Class III licenses under au- Soliciting 346 � thority of the City of $aint Paul. Supp. No. 26 2027 § 310.01 LEGISLATIVE CODE �%� � Legisla.tive Legislative Code Closs II Licenses Code Class I Licenses Chapter City Gambling Permit Section 402.06 Pet Shops 347 Soliciting Funds—Tag Chapter 391 Radio and Television ftepairs 348 Days Rental of Clothing 349 Temporary On-Sale Beer Section 410.10 Rental of Hospital Equipment 350 Temporary Wine and Li- Section 409.25 Rental of Kitchenware 351 quor ftental of Trailers 352 Class III licenses means those licenses which Roller Rinks 3 � 3 can be approved or denied only by the council, Sanitary Disposal 354 subject to the procedures required by these chap- Secondhand Dealers 355 ters. The following licenses are so classi�ed, and Sidewalk Contractors 356 the numbers shown opposite them correspond to Solid Waste 357 the chapters in the Legislative Code pertaining to Sign and Billboard Construction 358 each license: Sound Trucks and Broadcasting 359 � Vehicles Legislative Public Swimming Pools 360 Code Tow Trucks—Service Vehicles 361 Class III Licenses Chapter Tree Trimming 362 Vending Machines 363 Auctioneers 400 Veterinary Hospital 364 Motor Vehicle and Parts Dealer 401 Window Cleaning 365 Bingo 402 Block Parties 366 Bingo Halls 403 Tattoo Pazlors gg7 Private Clubs 404 Wrecking of Buildings 368 Dance Halls 405 Building Trades Business Li- 369 Game Rooms 406 censes Hotel 407 Building Trades Cert�cates of 370 Junk Salvage and Scrap 408 Competency Into�ricating Liquor 409 Finishing Shop g7i Nonintoxicating Liquor 41fl Tire Recapping Plants 372 Entertainment 411 Transient Merchants 373 Conversation Parlors 413 Therapeutic Massage Center 412 Motion Picture Theatres 415 Therapeutic Massage Practi- 414 Motion Picture Drive-In The- 416 tioner atres Parking Lots 41? Class II licenses means those licenses which Taxicabs 376 must be approved or denied by the director, sub- Gambling License 419 ject to the procedures required by these chapters. Director means the director of the office of li- The following licenses are so class�ed, and the cense, inspections and environmental protection, numbers shown opposite them correspond to the unless otherwise defined in the speci�c chapter, chapters in the Legislative Code pertaining to each section or subdivision referred to. license: Division means the office of license, inspections Legislative �d environmental protection as the successor to Class II Licenses Code the former division. Auctioneers—Short Term Chapter 390 Fee means and includes both the license fee and License application fee unless otherwise provided. �. ` ` :� Supp. No. 26 2028 . as-it�$ �`� LICENSES § 310.02 i Inspector as used in these chapters means the personal, situated within the City of Saint Paul director of the office of license, inspections and and used in connection with the business oper- environmental protection or his or her designee. ated under said license. License means and includes all licenaes and per- Notwithstanding the previous paragraph, the mits provided for or covered by these chapters. council, the director or the inspector may issue, License also includes licenses issued by the State renew or transfer a license if it is found that: of Minnesota under statutory provisions which permit the governing body to disapprove the issu- (1) The applicant has made an agreement sat- ance of such licenses, for the purposes of making isfactory to the Ramsey County attorney to procedures in Chapter 310 of the Legislative Code pay delinquent taxes in periodic install- applicable to the approval or disapproval of such ments; licenses. (2) The applicant has properly commenced a Person means and includes any person, firm, proceeding to contest the amount of tax due corporation, partnership, company, organization, or the valuation of his property, and has agency, club or any group or association thereof. made all partial payments required by law It shall also include any executor, administrator, in connection with such proceeding; or . trustee, receiver or other representative appointed (3) The business property with respect to which by law. taxes are delinquent is not owned by the Zoning administrator means the official chazged aPPlicant, but by a lessor, and it would be with responsibility for enforcement of the zoning �equitable to require the lessee to pay such taxes. code. (Code 1956, § 510.01; Ord. No. 17303, § 3, 10- If a license is issued, renewed or transferred be- 29-85; Ord. No. 17569, § 1, 6-7-88; Ord. No.17919, �use of the existence of an agreement as de- § 1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.F. scribed in subsection (1) above, the license may be No. 94-46, § 6, 2-2-94; C.F. No. 94-500, § 2, 7-6-94; revoked if the licensee defaults upon such agree- C.F. No. 94-898, § 1, 7-13-94) ment. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submitted (a) Form. All applicants for licenses or permits by each applicant in his application, in addition to issued pursuant to these chapters shall make both that required by specific sections in these chap- original and renewal applications to the inspector ters, as may be necessary to carry out and enforce on such forms as are provided by the division. any provision hereunder. He shall require in every Such applications shall not be received by the in- case the applicant to submit his name; business or spector until completely filled out, accompanied corporate name; names of partners, officers, direc- by all fees, insurance policies, bonds, deposits, tors, shareholders or trustees involved in the busi- sureties, and indemnifications or certificates re- ness; age; address; description or blueprint of the quired by these chapters, together with the certi- premises, if any; and the owner thereof, and loca- �cation required in paragraph (b) below. tions and addresses of other business locations in (b) Taxes. No person shall be granted a license, Minnesota. a renewal of a license or transfer of a license re- (d) No reapplication within one (1) year after de- quired by the Saint Paul Legislative Code unless, nial or revocation. No person may apply for any prior to and in addition to any other require- license within one (1) year of the denial or revo- ments, rules or ordinances heretofore or hereafter cation of the same or similaz license by the city required, the Ramsey County Department of Prop- council, if such denial or revocation was based erty Taxation certifies that said applicant has paid solely or partially upon misconduct or un�tness of -_: ,. � any and all taxes, real or personal, before said the applicant, evidence of violations of law in- , ,\`� taxes become delinquent, on any property, real or volving licensed preauses, evidence that the ap- Supp. No. 26 2029 ' § 310A2 LEGISLATIVE CODE .. plicant had been involved in the operation of a Signatures withdrawn or obtained by fraud or du- nuisance, or fraud or deception in the license ap- ress shall not be counted in determining the suf- plication. Denial of a license, as used in this para- �ciency of the petition. This subdivision shall graph, shall include a refusal of permission to apply in any case where the applicant for a li- transfer a license to the applicant. A license is cense or license transfer must present a state- "similar," within the meaning of this paragraph, ment in writing signed by a specified number or if the basis upon which the revocation or denial of percentage of persons that they have given their the original license was made would have been a consent to the grant of the license or license relevant basis on which to deny or revoke a li- transfer. cense of the type subsequently applied for. (Code 1956, § 510.02) (e) Reapplication ¢fter denial; "interest" of ap- Sec. 310.03. Investigation and review of new plicant in revoked license. An application by a person having an interest in, or whose shaze- applications, etc. holders or officers have an interest in, any prem- The inspector shall determine the sufficiency ises or enterprise whose license has been revoked and accuracy of each new application and obtain or to which a license has been denied shall be such criminal history information as may be used . treated as an application by the person whose li- under Minnesota Statutes, Chapter 364, and is cense was denied or revoked. The term "i*�terest," otherwise available by law. The inspector shall as used in this paragraph, includes any pecuniary make reasonable and appropriate investigation of interest in the ownership, operation, management the premises or personal property, vehicles or fa- or profits of an establishment, but does not in- cilities, as may be involved in or related to the clude: bona fide loans; bona fide rental agree- licensed activity, and shall request, where appro- ments; bona �de open accounts or other obliga- p�ate, the assistance of other city divisions or tions held with or without security arising out of departments in making additional investigations the ordinary and regular course of business of for the purpose of determining whether the appli- selling or leasing merchandise, fixtures or sup- �t is or will be in compliance with all applicable plies to such establishment; an interest in a cor- ordinances and statutes. The approval of such poration owning or operating a hotel but having other divisions or departments is not required for at least one hundred fifty (150) or more rental issuance of a license unless otherwise required by units holding a license in conjunction therewith; specific sections in these chapters. All new appli- or ten (10) percent or less interest in any other �tions shall be reviewed by the zoning adminis- corporation holding a license. trator or his designee for compliance with all re- quirements of the Saint Paul Zoning Code, and no (fl Prohibition on reapplication; exception. The new license shall be granted without full compli- prohibition on reapplication herein provided shall ance with said requirements. All new applica- not apply in cases where it is otherwise expressly tions involving a premises, location, building or provided by statute or ordinance. structure shall be referred to the director of the (g) Waiting period after filing of petition. Any department of fire and safety services and to the petition required to be filed with the application building o�cial for investigation and recommen- for any license shall not be considered as o�cially dation. filed and irrevocable until seven (7) worl�ng days �Code 1956, § 510.03; "Ord. No. 17361, § 1, 6-5-86) after a petition is received in the inspector's of- fice. During the seven-day waiting period, any sig- Sec. 310.04. Levels of approval; recommen• nator of any petition may withdraw his name dations. therefrom by written request, and such request (a) Class I licenses. Where an application for shall be appended to the subject petition and made the grant, issuance, renewal or transfer of a Class a part thereof. After the seven-day waiting pe- I license meets all the requirements of law, and riod, signatures may not be withdrawn unless it there exists no ground for denial, revocation or � is shown they were obtained by fraud or duress. suspension of, or the imposition of conditions upon, � ,� _ ; Supp. No. 26 2030 � . , q 5-t�� LICENSES § 310.04 '�� • such license, the director shall grant, issue, renew hood organization(s) established for citizen or transfer said license in accordance with the participation purposes, at least sisty (60) application. days before the expiration date of all Class III licenses. A public hearing on the renew- (b) Class II licenses. Where an application for al of any such license shall not be held ex- the grant, issuance, renewal or transfer of a Class cept on the request of a councilmember, II license meets all the requirements of law, and which request shall be incorporated in the there e�sts no ground for denial, revocation or form of a council resolution. Upon the pas- suspension of, or the imposition of conditions upon, sage of such resolution, the director shall such license, the director shall grant, issue, renew give written notice of such hearing to the or transfer said license in accordance with the affected neighborhood organizations. Such application. public hearing does not replace or amend any of the prceedures set forth in section (c) Class 1 and Class II licenses, if denied by 310.05 of the Legislative Code. If no re- director. In the event the director, in the case of quest for a public hearing is made before both Class I and Class II licenses, determines that the expiration of any such license, and the application for grant, issuance, renewal or where there esists no ground for adverse transfer of the license dces not meet all the re- action, the council shall by resolution di- quirements of law or that there effist grounds for rect that the director issue the licens� in denial, revocation, suspension or other adverse ac- accordance with law tion against the license or the licensee, the direc- tor shall recommend denial of the application and (e) Appeal; Class I or Class II licenses. An ap- follow the procedures for notice and hearing as set �� t° the city council may be taken by any per- forth in section 310.05. son aggrieved by the grant, issuance, renewal or transfer of a Class I or Class II license; provided, (d) Closs III licenses. however, that the appeal shall have been filed with (1) Grant, issuance or transfer. Upon receipt of the city clerk within thirty (30) days after the a fully completed application and required a�on by the director. The only grounds for ap- fees for a Class III license, and after the �� shall be that there has been an error of law in the grant, issuance, renewal or transfer of the li- investigation required, the director shall no- ��e. The appeal shall be in writing and shall set tify the oouncil. A public hearing shall be forth in particular the alleged errors of law The held on the grant, issuance or transfer of ��cil shall conduct a hearing on the appeal with- all Class III licenses. In any case where the ��irty (30) days of the date of filing and shall director recommends denial of the grant, notify the licensee and the appellant at least ten issuance, renewal or transfer of a Class III (10) days prior to the hearing date. The proce- license, or where the council believes that dures set forth in section 310.05, insofar as is prac- there is evidence which might result in ac- ticable, shall apply to this hearing. Following the tion adverse to the original or renewal ap- hearing, the council may affirm or remand the plication, the director on his or her own ini- matter to the inspector or director, or may reverse tiative, or at the direction of the council, or place conditions upon the license based on the shall follow the procedures for notice and council's determination that the decision was hearing as set forth in section 310.05. Where based on an error of law. The filing of an appeal the application for the grant, issuance, re- shall not stay the issuance of the license. newal or transfer of a Class III license meets all the requirements of law, and where there �fl No waiuer by renewal. The renewal of any eaists no ground for adverse action, the license, whether Class I, II or III, shall not be council shall by resolution direct that the deemed to be a waiver of any past violations or of director issue such license in accordance any grounds for imposition of adverse action �� 1a � against such license. (Code 1956, $ 510.04; Ord. No.17455, § 1, 5-21-87; - (2) Renewal. The director shall in writing no- Ord. No. 17551, § 1, 4-19-88; C.F. No. 94500, § 1, tify the council, and the affected neighbor- 7-6-94) 6� Supp. No. 27 2031 § 310.05 LEGISLATIVE CODE ' �," .,1 , , t; , Sec. 310.05. Hearing procedures. licensee, and shall present to the council written �� (a) Adverse action; notice and hearing reguire- �dings of fact and conclusions of law, together ments. In any case where the council may or in- "�'ith a recommendation for adverse action. tends to consider any adverse action, including The council shall consider the evidence con- the revocation or suspension of a license, the im- tained in the record, the hearing egamine�'s rec- position o f con d itions upon a license, or the denial ommended findings of fact and conclusions, and of an application for the grant, issuance, renewal $hall not consider any factual testimony not pre- or transfer of a license, or the disapproval of a �ously submitted to and considered by the hear- license issued b the State of Minnesota, the a �g examiner. After receipt of the hearing egam- hcant or licensee shall be ven notice and an �er's findings, conclusions, and recommendations, P� � the council shall provide the applicant or licensee opportunity to be heard as prnvided herein. The � opportunity to present oral or written argu- council may consider such adverse actions when ments alleging error on the part of the examiner recommended by the inspector, by the director, by in the application of the law or interpretation of the director of any egecutive department estab- the facts, and to present argument related to the lished pursuant to Chapter 9 of the Charter, by recommended adverse action. Upon conclusion of the city attorney or on its own initiative. that hearing, and after considering the record, the (b) Notice. In each such case where adverse ac- examiner's findings and recommendations, togeth- � tion is or will be considered by the council, the er with such additional arguments presented at applicant or licensee shall have been notified in �e hearing, the council shall determine what, if any, adverse action shall be taken, which action writing that adverse action may be taken against shall be by resolution. The council may accept, the license or application, and that he or she is reject or modify the findings, conclusions and rec- entitled to a hearing before action is taken by the ommendations of the hearing egaminer. council. The notice shall be served or mailed a reasonable time before the hearing date, and shall (c-2) Ex parte contacts. If a license matter has state the place, date and time of the hearing. The been acheduled for an adverse hearing, council notice shall state the issues involved or grounds members shall not discuss the license matter with upon which the adverse action may be aought or each other or with any of the parties or interested based: The council may request that such written Persons involved in the matter unless such dis- notice be prepared and served or mailed by the �sion occurs on the rec:ord during the hearings inspector or by the city attorney. of the matter or during the council's final deliber- ations of the matter. No interested person shall, (c) Hearing. Where there is no dispute as to the with knowledge that a license matter has been facts underlying the violation or as to the facts scheduled for adverse hearing, convey or attempt establishing mitigating or aggravating circum- to convey, orally or in writing, any information, stances, the hearing shall be held before the coun- argument or opinion about the matter, or any is- cil. Otherwise the hearing shall be conducted be- sue in the matter, to a council member or his or fore a hearing examiner appointed by the council her staff until the council has taken final action or retained by contract with the city for that pur- on the matter, provided, however, that nothing pose. The applicant or the licensee shall be pro- herein shall prevent an inquiry or communica- vided an opportunity to present evidence and az- tions regarding status, scheduling or prceedures gument as well as meet adverse testimony or concerning a license matter. An interested person, evidence by reasonable cross-egamination and re- for the purpose of this paragraph, shall mean and buttal evidence. The hearing eaaminer may in its include a person who is an o�cer or employee of discretion permit other interested persons the op- the licensee which is the subject of the scheduled portunity to present testimony or evidence or oth- adverse hearing, or a person who has a financial erwise participate in such hearing. intereat in such licensee. (c-1) Pra:edun; hearing examiner. The hearing (d) Licensee or applicant may be rep�sented examiner shall hear all evidence as may be pre- The licensee or applicant may represent himself _ sented on behalf of the city and the applicant or or choose to be represented by another. �'��' , , .;.::. �- Supp. No 2� 2032 , . . qs-tt�� ,.� LICENSES � 310.05 �,.: . (e) Record; evidence. The hearing examiner (j) If the council imposes an adverse action as shall receive and keep a record of such proceed- defined in section 310.01 above, a generic notice of ings, including testimony and exhibits, and shall such action shall be prepared by the license in- receive and give weight to evidence, including spector and posted by the licensee so as to be vis- hearsay evidence, which possesses probative val- ible to the public during the effective period of the ue commonly accepted by reasonable and prudent adverse action. The licensee shall be responsible persons in the conduct of their affairs. for taking reasonable steps to make sure the no- (fl Council action, resolution to contain find- tice remains posted on the front door of the li- ings. Where the council takes adverse action with censed premises, and failure to take such reason- able precautions may be grounds for further respect to a license, licensee or applicant for a adverse action. license, the resolution by which such action is tak- en shall contain its findings and determination, (k) Imposition of costs. The council may impose including the imposition of conditions, if any. The upon any licensee or license applicant some or all council may adopt all or part of the findings, con- of the costs of a contested hearing before an inde- clusions and recommendations of the hearing ex- pendent heari.ng examiner. The costs of a contest- aminer, and inoorporate the same in its resolution ed hearing include, but are not limited to, the cost taking the adverse action. of the administrative law judge or independent hearing egaminer, stenographic and recording (g) Additional procedures where required. �o �p �g�� city staff and attomey time Where the provisions of any statute or ordinance for which adequate records have been kept, rental require additional notice or hearing procedures, of rooms and equipment necessary for the hear- such provisions shall be complied with and shall ing, and the cost of ezpert witnesses. The council supersede inconsistent provisions of these chap- may impose all or part of such costs in any given ters. This shall include, without limitation by rea- case if (i) the position, claim or defense of the son of this specific reference, Minnesota Statutes, licensee or applicant was frivolous, arbitrary or Chapter 364 and Minnesota Statutes, Section capricious, made in bad faith, or made for the pur- 340A415. pose of delay or harassment; (u) the nature of the (h) Discretion to hear notwithstandi �alation was serious, or involved violence or the ng with- �at of violence by the licensee or employees drawal or surnender of application or license. The �ereof, or involved the sale of council may, at its discretion, conduct a hearing or �gs by the lic- direct that a hearing be held regarding revocation ensee or employees thereof, and/or the circum- or denial of a license, notwithstanding that the stances under which the violation occurred were aggravated and serious; (ui) the violation created applicant or licensee has attempted or purported a serious danger to the public health, safety or to withdraw or surrender said license or applica- welfare; (iv) the violation involved unreasonable tion, if the attempted withdrawal or surrender �k of harm to wlnerable took place after the applicant or licensee had been Persons, or to persons notified of the hearing and potential adverse ac- for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was tion. sufficientl y in control of the situation and there- (i) Continuances. Where a hearing for the pur- fore could have reasonably avoided the violation, pose of considering revocation or suspension of a 8uch as but not limited to, the nonpayment of a ' license or other diaciplinary action involving a li- r�l�'� fee or the failure to renew required in- cense has been scheduled before the council, a $�� Policies; (vi) the violation is covered by continuation of the hearing may be granted by the the matria in section 409.26 of the Legislative council president or by the council at the request Code; or (vii) the violation involved the sale of of the licensee, license applicant, an interested cigarettes to a minor. person or an attorney representing the foregoing, (1) Imposition of fines. The council may impose •-. upon a showing of good cause by the party making a fine upon any licensee or license applicant as an �-,,` ;''- J the request. adverse license action. A fine may be in such ._.� Supp. No. 27 2033 § 310.05 LEGISLATIVE CODE amount as the council deems reasonable and ap- (3) The license was issued in violation of any of • propriate, having in mind the regulatory and en- the provisions of the Zoning Code, or the forcement purposes embodied in the particular li- premises which are licensed or which are to censing ordinance. A fine may be in addition to or be licensed do not comply with applicable in lieu of other adverse action in the sole discre- health, housing, fire, zoning and building tion of the council. ?b the eztent any other provi- codes and regulations. sion of the Legislative Code provides for the im- (4) The license or permit was issued in viola- position of a fine, both provisions shall be read tion of law, without authority, or under a together to the egtent possible; provided, howev- material mistake of fact. er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (5) The licensee or applicant has failed to com- (Code 1956, § 510.05; Ord. No.17551, § 2, 419-88; Ply with any condition set forth in the li- Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, ��e, or set forth in the resolution g�rant- § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. �g or renewing the license. 9446, § 7, 2-2-94; C.F. No. 94898, §§ 2, 3, 7-13-94; (6) a. The licensee or applicant (or any per- C.F. No. 941340, § 2, 10-19-94) son whose conduct may by law be im- puted to the licensee or applicant) has Sec. 310.06. Revocation; suspension; ad- violated, or performed any act which is � verse actions; imposition of con- a violation of, any of the provisions of ditions. these chapters or of any statute, ordi- nance or regulation reasonably related (a) Council may take adverse action. The coun- to the licensed activity, regardless of cil is authorized to take adverse action, as defined whether criminal charges have or have in section 310.01 above, against any or all licenses not been brought in connection there- or permits, licensee or applicant for a license, as with; provided in and by these chapters. Adverse ac- b. The licensee or applicant has been con- tions against entertainment licenses issued under �� of a crime that may disqualify Chapter 411 of the Legislative Code may be initi- said applicant from holding the license ated for the reasons set forth in subsection (b) � question under the standards and below, or upon any lawful grounds which are com- prceedures in Minnesota Statutes municated to the license holder in writing prior to Chapter 364; or the hearing before the council. Such actions shall be initiated and carried out in accordance with c. The licensee or applicant (or any per- the procedures outline in section 310.05; provid- son whose conduct may by law be im- ed, however, that the formal notice of hearing shall puted to the licensee or applicant) has be used to initiate the adverse action without the engaged in or permitted a pattern or use of prior procedural steps. practice of conduct of failure to comply with laws reasonably related to the li- (b) Basis for action. Such adverse action may �� ivity or firom which an infer- be based on one (1) or more of the following rea- ence of lack of fitness or good character sons, which are in addition to any other reason may be drawn. specifically provided by law or in these chapters: (7) The activities of the licensee in the licensed (1) The license or permit was prceured by mis- activity created or have created a aerious representation of material facts, fraud, de- danger to the public health, safety or wel- ceit or bad faith. fare, or the licensee performs or has per- (2) The applicant or one (1) acting in his or her formed his or her work or activity in an behalf made oral or written misstatements ��e manner. or misrepresentations of material facts in (8) The licensed business, or the way in which or accompanying the application. such business is operated, maintains or per- � Supp No. 27 2034 . . �-�� I.ICENSES § 310.06 � •.' mits conditions that unreasonably annoy, (12) The licensee or applicant has violated sec- injure or endanger the safety, health, mor- tion 294.01 of the Legislative Code, or has als, comfort or repose of any considerable made or attempted to make a prohibited ex number of inembers of the public. parte contact with a council member as pro- (9) Failure to keep sidewalks or pedestrian �ded in section 310.05(c-2) of the Legisla- waya reasonably free of snow and ice as tive Code. required under Chapter 114 of the Saint The terms "licensee" or "applicant" for the pur- Paul Legislative Code. pose of this section shall mean and include any (10) The licensee or applicant has shown by past ��on who has any interest, whether as a holder misconduct or unfair acts or dealings: phys- of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ical abuse, assaults or violent actions done ises or in the business or activity which are li- to others, includi.ng, but not limited to, ao- censed or proposed to be licensed. tions meeting the definition of criminal se$- ual conduct pursuant to Minnesota Stat- With respect to any license for activities entitled utes Sections 609.342 through 609.3451; to the protection of the First Amendment, notwith- sexual abuse, physical abuse or maltreat- standing the foregoing provisions, neither the lack ment of a child as defined in Minnesota of good moral character or fitness of the licensee Statutes Section 626.556, subdivisions 2 or applicant nor the content of the protected speech and 10e, including, but not limited to, acts or matter shall be the basis for adverse action which constitute a violation of Minnesota against the license or application. Statutes Sections 609.02, subdivision 10; (c) Imposition of reasonable conditions and/or 609.321 through 609.3451; or 617.246; ne- ��. �en a reasonable basis is found to glect or endangerment of a child as defined impose reasonable conditions and/or restrictions in Minnesota Statutes Section 626.557, sub- upon a license issued or held under these chap- division 2; the manufacture, distribution, �� one (1) or more such reasonable condi- sale, gift, delivery, transportation, egchange � �d/ar restrictions may be imposed upon such or barter of a controlled substance as de- license for the purpose of promoting public health, fined in Minnesota Statutes Chapter 152; safety and welfare, of advancing the public peace the possession of a controlled substance as and the elimination of conditions or actions that defined in Minnesota Statutes Chapter 152 constitute a nuisance or a detriment to the peace- in such quantities or under circumstances fui enjoyment of urban life, or promoting security giving rise to a reasonable inference that and safety in nearby neighborhoods. Such reason- the possession was for the purpose of sale able conditions and/or restrictions may include or or distribution to others; or by the abuse of pertain to, but are not limited to: alcohol or other drugs, that such licensee or �1) A limitation on the hours of operation of applicant is not a person of the good moral � licensed business or establishment, or character or fitness required to engage in a on particular types of activities conducted licensed activity, business or profession. in or on said business or establishment; (11) The licensee or applicant has materially (2) A limitation or restriction as to the location - changed or permitted a material change in within the licensed business or establish- the design, construction or configuration of inent whose [sic] particular type of activi- the licensed premises without the prior ap- ties may be conducted; pmval of the city council in the case of Class III licenses, the director in the case of Class (3) A limitation as to the means of ingress or II licenses, and the inspector in the case of egress from the licensed establishment or Clasa I licenses, or without first having ob- i� Paz'�g lot or immediately adjacent area; tained the proper building permits from the (4) A requirement to provide off-street parking .�' j city. in excess of other requirements of law; / Supp. No. 27 2034.1 § 310.06 LEGISLATIVE CODE � t .. .. �. ta�, (5) A limitation on the manner and means of (4) The management practices of the licensee � advertising the operation or merchandise or applicant with respect to each of such of the licensed establishment; licenses; (6) Any other reasonable condition or restric- (5) The extent to which adverse action against tion limiting the operation of the licensed less than all of the licenses or applications business or establishment to ensure that would result in difficulty in enforcing and the business or establishment will harma monitoring the adverse action taken; nize with the character of the azea in which (6) The hardship to the licensee or applicant it is located, or to prevent the development that would be caused by applying adverse or continuation of a nuisance. action to all licenses or applications; and (7) The hardship and/or danger to the public, The inspector may impose such conditions on Class or to the public health and welfare, that I licenses with the consent of the license holder, or would result from adverse action against may recommend the imposition of such conditions less than all of the licensea or applications. as an adverse action against the license or licens- (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; es; the inspector has the same power with respect Ord. No. 17657, § 15, 6-&89; Ord. No. 17659, � 2, to Class II licenses. The council may impose such 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. � conditions on Class III licenses with the consent 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- of the license holder, or upon any class of license 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, as an adverse action against the license or licens- § 3, 10-19-94) es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- Sec. 310.07. 1�ermination of licenses; surety cense or licenses upon issuance, renewal or bonds; insurance contracts. transfer thereof, or upon and as part of any ad- (a) Automatic termination, reinstatement; re- verse action against a license or licenses, includ- sponsibility of licensee. All licenses or permits ing suspension. Conditions imposed on a license which must, by the provisions of these chapters or or licenses shall remain on such licenses when other ordinances or laws, be accompanied by the renewed and shall continue thereafter until re- filing and maintenance of insurance policies, de- moved by the council in the case of conditions on posits, guarantees, bonds or certifications shall Class III licenses or conditions imposed by ad- automatically terminate on cancellation or with- verse action, and by the inspector in the case of drawal of said policies, deposits, bonds or certifi- Class I and II licenses. cations. No licensee may continue to operate or (d) Standards for multiple license determina- Perform the licensed activity after such termina- tion. In any case in which the council is autha tion. The licensee is liable and responsible for the filing and maintenance of such policies, deposits, rized to take adverse action against less than all �� nds or certifications as are required of the licenses held by a licensee, or applied for by ��ese chapters, and shall not be entitled to as- an applicant, the following standards may be used: 8ert the acts or omissions of agents, brokers, em- (1) The nature and gravity of the grounds found ployees, attorneys or any other persons as a de- by the council to exist upon which the ad- fense or justification for failure to comply with verse action would be based; such filing and maintenance requirements. In the (2) The policy and/or regulatory goals for the event the licensee reinstates and files such poli- particular licenses involved, either as em- cies, deposits, bonds or certifications within thirty bodied in the Legislative Code or as found �30) days, the license is sutomatically reinstated and determined by the council; on the same terms and conditions, and for the same period as originally issued. After thirty (30) (3) The interrelationship of the licenses and days, the applicant must reapply for a renewal of their relative importance to the overall busi- his license as though it were an original applica- . ness enterprise of the licensee or applicant; tion. Supp. No. 2? 2034.2 - . . as-��$ , LICENSES § 310.09 `�� - (b) Bonds and insuran.ce requirements: Sec. 310.08. Terms of licenses; uniform (1) Surety Companies: All surety bonds run- da � s ' ning to the City of Saint Paul shall be writ- (a) All licenses or permits shall be valid for a ten by surety companies authorized to do period of one (1) year from the date of issuance by business in the State of Minnesota. All in- the inspector, except as otherwise provided herein surance policies required by these chapters or in these chapters or in cases of revocation, sus- shall be written by insurance compazues au- pension or termination under section 310.06. thorized to do business in the State of Min- �b) Licensees may continue to operate their nesota. ' business after the expiration date of their license; (2) Approved as to Form: All bonds filed with provided, that the licensee has filed with the in- the City of Saint Paul in connection with spector on or before the expiration date the ap- the issuance of licenses for whatever pur- propriate license application, license fees, insur- pose, and all policies of insurance required ance and bonds. The inspector shall process the to be filed with or by the City of Saint Paul renewal application in the manner provided for in in connection with the issuance of licenses this Code. for any purpose whatsoever, shall first be �c) Whenever any licensee is the holder of the approved as to form by the city attomey. �, (2) or more licenses of the City of Saint Paul (3) Uniform Endorsement: Each insurance pol- which egpire on different dates, the inspector is icy required to be filed pursuant to these authorized, at the request of the licensee, to de- chapters shall contain the endorsement set termine a uniform date for the egpiration of all or forth in Chapter 7 of the Saint Paul Legis- �Y number of such licenses, notwithstanding the lative Code. term and expiration dates of such licenses as orig- inally issued, and notwithstanding any provision (4) Conditions: All bonds required by these �� of license of any ordinance of the city chapters shall be conditioned that the lic- heretofore or hereafter enacted. The provisions ensee shall observe all ordinances and laws hereof shall govern the issuance of any new li- in relation to the licensed activity, busi- cense to one already holding a license. ness, premises or facilities and that he shall conduct all such activities or business in (d) In order to conform to the foregoing provi- conformity therewith. Such bonds shall also sions, new licenses may be issued for a term of indemnify the City of Saint Paul against all less than one (1) year, and the license fee therefor claims, judgments or suits caused by, re- shall be prorated for the period of issuance. sulting from or in connection with the li- (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) censed business, premises, activity, thing, facility, occurrence or otherwise licensed un- Sec. 310.09. Fees. der these chapters. (a) Exempt organizations. The Legielative Code (c) T�rminaction of bonds and insurance �quired egempts certain organizations from paying the cus- by city. Zlermination of bonds and insurance re- tomary license or permit fees or establishes a nom- quired to be filed with the city pursuant to these inal fee of less than seven dollars ($7.00). The chapters shall be in accordance with the require- terms and conditions of such esemptions are atat- ments of Chapter 8 of the Saint Paul Legislative ed within the applicable chapters. Such organiza- Code. tions shall pay a five dollars ($5.00) minimum pro- (d) Expiration date to be concurrent with term �&ing fee for each and every application for a of license or permit. The e�iration date of all such license or permit to be issued by the division man- policies, bonds, guarantees or certifications shall ager, director or council of the city. be concurrent with the e$piration date of the li- (b) Fee schzdule. The council may by ordinance cense or permit. determine and establish one (1) fee schedule for :: _'�� (Code 1956, § 510.07) any or all licenses and permits issued pursuant to Supp. No. 2? 2034.3 § 310.09 LEGISLATIVE CODE these chapters, and a separate fee schedule for provided by the particular licensing provisions in- applications for such licenses and permits, which volved, where an application for any license is may include fees to cover costs incurred by reason withdrawn or denied, the inspector shall refund of the late filing. Such fees, in either schedule, to the applicant the license fee submitted less a shall be reasonably related to the costs of admin- service charge to recover in part the costs in- istration incuned in connection with each such curred in processing the application in the amount application, license or permit. Costs of adminis- of twenty-five (25) percent of the annual license tration shall mean and include, but without lim- fee. itation by this specification, both direct and indi- rect costs and egpenses, such as salaries, wages, �b) Limitation on refund; other cases. In all oth- benefits and all personnel costs including train- er cases as prnvided in paragraph (c), the inspec- ing, seminars and schooling, expenses of investi- �r may refund not to egceed one hundred dollars gations and inspections, handling of inquiries and �$100.00) of fees received in connection with any � requests for assistance, telephone and communi- license, permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the office capital equipment and all o�ice supplies. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and sonable costs of administration incurred up to that posted in the office of the inspector shall super- �°e in connection with said license, permit or sede inconsistent fee provisions in these chapters application. The director may refund not to eg- or in other ordinances or laws. ceed two hundred fifty dollars ($250.00) of such fees upon a like certification by the inspector. The (c) Fee for one year; may be prorated. Unless council may by resolution authorize all refunds otherwise specifically provided, the license fee sta� upon a like certification by the i.nspector. ed is for a period of one (1) year. Such fee may be prorated where a license is issued. for a period of �c) Bases for refunds. Refunds under paragraph less than a year. � (b) may be made to the licensee or his estate: (d) Late fee. Unless otherwise specifically pra �1) Where the place of business of the licensee vided by the particular licensing provisions in- or his principal equipment is destroyed or volved, an applicant for the renewal of a license so damaged by fire or any other cause that who makes application for such renewal after the �e licensee ceases for the remainder of the expiration date of such license shall be charged a licensed period to engage in the licensed late fee for each such license. The late fee shall be activity or business; in addition to any other fee or payment required, (2) Where the business or licensed activity ceas- and shall be ten (10) percent of the annual license es by reason of the death or illness of the fee for such license for each thirty=day period or licensee or the sole employee or manager; portion thereof which has elapsed after the egpi- or ration date of such license. The late fee shall not (3) Where it has become unlawful for the lic- exceed fifty (50) percent of the annual license fee. e�� ntinue in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion, denial or any criminal activity on the ance of an original license than would be the case p� of the licensee. for mere renewal, those requirements must be met (Code 1956, § 510.10) when the license has lapsed by reason of egpira- tion. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82; Ord. No. 17802, § 1, 1-10-91) Sec. 310.10. R.efunds of fees. (a) Refund where application withdrawn or de- nied; service charge. Unless otherwise specifically � :i Supp. No. 27 2034.4 . aS-�t��3 �� ":.�:: -'� LICENSES § 310.11 _ ,. Sec. 310.11. Transfers; general. is provided for on the part of the transferee before (a) License a privileg� not property. All licen- any transfer of license is made ef�'ective by the ses or permits issued by the City of Saint Paul action of approving the transfer. pursuant to these chapters or other ordinances or (fl Transfer; definition. "T�ansfer," as used in laws confer a privilege on the licensee to engage these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person, or from place to place, or a transfer not constitute property or property rights or cre- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- «�ansfer," as used in these chapters, shall not tached, executed upon, assessed or in any manner include the instance where a license is held by an taken for the purpose of satisfaction of any debt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All licen- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be trans- individual or by the members of said partnership. ferable unless the specific chapter of the Saint ( Assignment and bond to accompany appli- Paul Legislative Code pertaining to each specific cation. In the case of a transfer from person to license shall specifically prohibit the transfer of person, the application for transfer shall be ac- such license. No transfer of any Class III license companied by a written assignment of all rights issued by the City of Saint Paul shall be effective of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public hearing and in form required of an original licensee. by the council's committee designated to hear li- cense matters and a resolution approving said (h) Public corporations. Notwithstanding other transfer is passed, approved and published. Both provisions of this chapter, publicly owned corpo- the transferor and transferee shall make applica- rations whose stock is traded in the open market tion for transfer of a license on such forms as may may comply with the transfer requirements per- be prescribed by the division, and in accordance taining to stock ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer tax In all cases of transfer of a and addresses of all stockholders of record upon license from a present licensee to any other per- each renewal of the license. son, there shall be a tax on said transfer in the (i) Affidavit of transferor. No license transfer amount of twenty-five (25) percent of the annual shall be effective unless the transferor submits license fee charged for said license, said tax to be an �davit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer ta� deposit retained or returned (1) That in the case of Class III licenses, the Whenever an application is made for transfer of a transferor-affiant has posted notice to all license, the amount as set out in paragraph (c) employees in a conspicuous place on the shall be deposited with said application. If the licensed premises notifying all employees transfer of license is approved, the amount depos- of the time, place and date of hearing of the ited shall be retained by the city. If the transfer is transfer of the license to be held before the denied, the amount deposited shall be returned to Saint Paul City Council; the party depositing the same, in accordance with (2) That said notice specified in subparagraph the requirements and conditions in Section 310.10. (1) above was posted continuously for four- (e) Transfer ta� exception. Paragraphs (c) and teen (14) days; (d) shall not apply in any case when, by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full annual li- owing the persons employed by the trans- censee fee or a prorated yearly annual license fee feror or that an agreement has been reached . .•�- � , �� Supp. No. 4 2035 � � 310.11 LEGISLATNE CODE , "p� � between transferor and all employees as to (Code 1956, § 510.11; Ord. No. 16822, 9-3-81; Ord. the payment of wages due and owing; No. 17551, § 3, 4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health o�cer or any to employee benefit programs which include, building inspector of the city, as well as the inspector. but are not limited to, pension programs, (Code 1956, § 510.12) hospital, medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may -� (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee �c. 310.14. Savings clause. may consent to and seek to transfer said license � If any provision in these chapters is held to the surviving spouse of the licensee. The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approval under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any contract or agreement regarding employee bene- �� The repeal of any ordinance by ihis ordi= �t or fringe benefit programs; including, but not nance (which enacts the Uniform License Ordi- limited to, pension, hospitalization, medical and nance) shall not affect or impair any act done, life insurance, profit-sharing or holiday pay pro- any rights vested or accrued, or any suit, proceed- grams; provided, that any person or organization ing or prosecution had or commenced in any mat- objecting to a transfer because of failure to pay �r, prior to the date this ordinance became effec- employee benefit or fringe benefit programs shall tive. Every such act done or right vested or accrued �le a written notice of objection with the license shall remain in full force and effect to all intents inspector seven (7) days prior to the scheduled and purposes as if the repealed ordinances had public hearing on the transfer, and said notice themselves remained in force and effect. Every shall contain a complete itemization of the objec- such suit, proceeding or prosecution may be con- tor's claim. tinued after repeal as though the repealed ordi- nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is prosecution which is based upon an act done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent to license, handle all said licenses as Class III licenses. repeal of the repealed ordinances, shall be brought ;� Supp. No. 4 : � 2036 . . �s-�� LICENSES § 310.18 �' "" " 1 pursuant to and under the provisions of such re- Sec. 310.18. License fee schedule. pealed ordinances as though they continued to be in full force and effect. Notwithstanding the provision of any other or- (Code 1956, § 510.14) dinance or law to the contrary, the following fees are hereby provided for all the licenses listed here- Sec. 310.15. Penalty. in. These fees supersede all inconsistent provi- sions, including, but not limited to, graduated fee Any person who violates any provision of these provisions, in these chapters and in other ordi- chapters, or other ordinances or laws relating to nances and laws, and include the fee for the li- licensing, or who aids, advises, hires, counsels or cense application as part of the license fee; pro- conspires with or otherwise procures another to vided, however, that this section does not amend violate any provision of these chapters or other or modify sections 310.09(a) or 310.09(d) of the ordinances or laws relating to licensing is guilty Legislative Code with respect to exempt organi- of a misdemeanor and may be sentenced in accor- zations or late fees. Pursuant to section 310.09(b) dance with section 1.05 of the Saint Paul Legis- of the Legislative Code, these s�hedules shall be lative Code. The term "person," in addition to the posted in the office of the director of the office of definition in section 310.01, shall for the purpose license, inspections and environmental protec- of this section include the individual partners or tion. These fees shall be eff'ective for license re- members of any partnership or corporation, and newals and new license applications occurring on as to corporations, the officers, agents or members and after January 1, 1995, or on the effective date thereof, who shall be responsible for the violation. of this section, whichever is later; provided, how- (Code 1956, § 510.15) ever, that with respect to all licenses whose re- newal dates occur after the effective date of this Sec. 310.16. Reserved. new schedule, there shall be no increases in, nor offsets or refunds of, the esisting fees paid, or due Editor's note--Section 310.16, pertaining to license feea SII(� OWlrig. and aanual increases, and derived from Ord. No.16885, adopt- ed Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and �a) ENFOftCEMENT LEVEL 1 Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Nov 19, 1991. Chapter/Section No. License Description Fee Sec. 310.17. Licensee's responsibility. 167 Commercial Vehicle $ss.00 316 Animal Foods Management & Dis Any act or conduct by any clerk, employee, man tribution ss.00 ager or agent of a licensee, or by any person pro 317 Amusement Ridea ss.0o viding entertainment or working for or on behalf 323 chriatmas '1�ee Sa1es ss.00 of a licensee, whether compensated or not, which 32s close out Sale ss.00 327 Dry Cleaning Pickup Station 66.00 act or conduct takes place either on the licensed 331 Beverage Vehicle ss.00 premises or in any parking lot or other area ad- 332 Liquid Fuel Vehicle 66.00 jacent to (or under the lease or control ofl the 333 Solid Fuel Vehicle ss.00 licensed premises, and which act or conduct vio- 33s Private Fuel Pump ss.0o 339 Ice Cream Vehicle 66.00 lates any state or federal statutes or regulations, 34o Mercantile Broker 66.00 or any city ordinance, shall be considered to be 345 Peddler (Solicitor/1�ansient) 66.00 and treated as the act or conduct of the licensee 34s Reatal of Clothing & Vehicle ss.00 for the purpose of adverse action against all or 349 Reatal of Clothes Attire Vehicle 66.00 any of the licenses held by such licensee. To the 350.02 Rental of Hospital Equipment ss.00 extent this section is in conflict with sections 409.14 350.02 Rental of Hospital Equipment Ve- hicle 66.00 and 410.09 of the Legislative Code, this section 351 Rental of Kitchenware ss.00 _ shall be controlling and prevail; but shall not other- 35s Rolier Rinks ss.00 :�:'1 wise amend, alter or affect such sections. 355.01 Secondhand Dealer �j (Ord. No. 17629, § 1, 1-31-89) (a) &(b) Single Location 66.00 supp. No. 2s 2037 § 310.18 LEGISLATIVE CODE : . -�; Chapter/Section (c) ENFORCEMENT LEVEL 3 • No. License Description Fee Chapter/Section 357.03 Refuse Hauler-Each Vehicle Over No. License Deacription Fee One 66.00 359 Sound Trucks & Broadcast Vehi- 354 Sanitary Disposal Vehicle $317.00 cles 66.00 355.01(d) Secondhand Dealer-Multiple Deal- 371 Finishing Shop 66.00 e� 317.00 361.14 1bw 1�uck/Wrecker Vehicle 66.00 357.03 Refuse Hauler & Vehicle 317.00 362 1�ee 'h�immer-Additioaal Vehicle 66.00 360.03 Public Swimming Pools 317.00 372 1�re Recapping Plant 66.00 360.03 Whirlpools 317.00 376.16(d) Tasicab Driver (new) 66.00 361.14 1bw'hvck Operator 317.00 376.04 Tasicabs 317.00 377 Lawn Fertilizer & Pesticide Ap- 401.02(a)(1) New Motor Vehicle Dealer 317.00 plication 66.00 401.02(a) Motor Vehicle Parts Dealer 317.00 380 Tanning Facility 66.00 401.02(a)(5) Secondhaad Dealer Motor Vehicle 382 Pet Grooming 66.00 p� 317.00 412 Massage Center (Class B) 66.00 401.02(a)(2) Secondhand Motor Vehicle Dealer 317.00 414 Massage Therapist 66.00 407.03 HoteUMotel-1b 50 rooms 317.00 424.02 Gasoline Filling Stations 66.00 407.03 Hotel-Each additional room over 50 317.00 412 Massage Center(Class C) 317.00 . (b) ENFOftCEMENT LEVEL 2 413 Conversation/fiap Parlor (A & B) 3i�.00 415 Mini-Motion Picture Theater- Chapter/Section Adult 317.00 No. License Description F 417.04 Parking Lots (1�-(6) 317.00 320 Bituminous Contractor $164.00 •}22 Motor Vehicle Salvage Dealer 317.00 321.03 Rooming & Boardinghouse 164.00 423.02(b) Auto Body Repair Garage 317.00 322.03 Bowling Center & Pool Halls 427 Health Sports Cluba (Class A& (a) & (b) 164.00 B) 317.00 324 Cigarettes 164.00 428 Steam Room/Bath House (A & B) 317.00 326 Building Contractora 164.00 327 Laundry dc Dry Cieaning Plaats 164.00 332 Fuel Dealera-Liquid 1s4.00 (d) ENFORCEMENT LEVEL 4 333 Fuel Dealera�Solid 164.00 334 Pest Control 164.00 Chapter/Section 338 House Sewer Contractora 164.00 No. License Description Fee 342 Oil Bulk Storage 1 �•� 331.04 Bakery (A) $135.00 347 Pet Shop 164.00 g� (g)_Add on 69.00 352 Rental of 1Ysilers 164.00 331.04 Butcher (A) 135.00 354 Sanitary Dieposal Businesa 164.00 Butcher (B)-Add oa 85.00 355.01(c) Secondhand Dealer-Eshibitions 164.00 331.04 Cateriag (A)-Limited 201.00 356 Sidewalk Contractors 164.00 Catering (B)-Full 252•00 362 1�ee �imming 164.00 Catering (C)-Add oa 180.00 364 Veterinary Clinic 164.00 331.04 Day Care Food (A) 5.00 365.02 Window Cleaning 164.00 Day Care Food (B) 5.00 367 Tattoo Parlors 164.00 331.04 Food Procesaor/Distributor/Ware- 378 Bed & Breakfast Residence 164.00 house 135.00 379 Lock Opening Services 164.00 331.U4 Food Salvage 150.00 401 Motorcycle Dealer 164.00 331.04 Food Vehicle (A) 67.00 405.02(a) Dance Hall i�.pp Food Vehicle (B) 60.00 406 Game Room 164.00 331.04 Food Vending Machine 15.00 408 Recycling Collection Center 164.00 Food Vending Operator 60.00 412 Massage Center (Class A) 164.00 331.04 Food Warehouse/Distributor 67.00 415.04 Theaters and Movie Theaters 164.00 Food/Boarding Facility 135.00 Food/Institutional Facility 5.00 416 Motioa Picture Drive-in Theater 164.00 331.04 Grocery (A) 5.00 426.04 Cabaret (Clasa A& B) 164.00 Grocery �g� g3 Grocery (C)-To 2,000 sq. ft, 150.00 - Supp. No. 28 2038 � q5-1►�� `.'`� LICENSES § 310.19 Chapter/Section (fl ENFORCEMENT LEVEL 6 No. License Description Fee Chapter/Section Grocery (D)-More than 2,000 sq. No. License Description Fee R, 159.00 331.04 Mobile Food 135.00 127 Courtesy Benches $ 20.00 Mobile Food-Limited 50.00 167 Commercial Vehicle-fteplace- 331.04 Original Container 41.00 �eIIt 18.00 331.04 Reataurant (A)-0-12 seats 201.00 225.08 Firearms 44.00 Iiestaurant B)-More than 12 seats 405.00 278 Gambling Hall 354.00 Restaurant (C)-Limited 60.00 318 MAD Operator with up to 10 583.00 Each MAD over 10 42.00 Restaurant (D)-Add on 305.00 Music Machine 44.00 Restaurant (E)-Extension 50.00 Amuaement Rides to 10 301.00 331.04 Special Event Food Sales-l-3 Amusement Ride over 10 28.00 days 92.00 T.V. Units per location 28.00 Special Event Food Sales-4-14 341 Single Service Container 445.00 days 119.00 344 Pawn Shopa 2,500.00 Special Event Food Sales-Annual 146.00 345 Transient Merchant 65.00 . Special Eveat Food Sales-Fee 376.16 Taxicab Driver Renewal 21.00 Waived 5.00 Taxicab Driver Duplicate �6.00 339 Ice Cream Products, Process & Taxicab Duplicate Plate 16.00 Distribution 172.00 Taxicab Vehicle Replacement 44.00 391 Soliciting Funda-Tag Days 21.00 401 Secondhand Dealer Motor Vehicle (e) ENFOftCEMENT LEVEL 5 Parts-second location 87.00 402 'l�mporary Gambling (3 types) 21.00 Chapter/Section 403 Bingo Halls 179.00 No. License Description p 409.24(1) Gambling Manager 66.00 409.05(j) Gambling Location-A 66.00 409 Intomcating Liquor 409.05(j) Gambling Location-B 66.00 409.05(b)(1) OnSale--Over 200 seats $5,050.00 409.05(j) Gambling Location-C 66.00 409.05(bx2) On-Sale-Over 100 seata 4,650.00 409.04(g)(5) Modification of Parking 375.00 409.05(b)(3) OnSale-100 seats or leas 4,200.00 357.03 Solid Waste 1�ansfer Station 1,500.00 40925(b) Temporary Liquor 46.00 408 Recycling Processing Center 750.00 409 On-sale Club-Under 200 mem- 414 Massage Therapy-Practical Exam- be� 2g�,pp ination Fee 50.00 On-sale Club-201-500 members 497.00 414 Massage Therapy-Written Eaam- On-sale Club-501-1,000 mem- ination Fee 20.00 bers 647.00 429 Infectious Waste Processing Facil- On-sale Club-1,001-2,000 mem- ity 1,500.00 bera 797.00 (C.F. No. 92-1742, § 1, 12-8-92; C.F. No. 93-1650, § On�ale Club-2,001�,000 mem- 1, 12-9-93; C.F. No. 94201, § 1, 3-16-94; C.F. No. bers 997.00 941447, § 1, 12-1494) On-sale Club--4,001-6,000 mem- bers 1,997.00 On-sale Club-6,000+ members 2,997.00 4os.o5(e) Off-Sale 1,000.0o Sec. 310.19. Discount from on-sale intosicat- 409.07(b)(2} Sunday On-Sale 200.00 ing liquor license fees. 409.11(a)(8) Extension of Service 53.00 409.15(b) Wine On-Sale 1,385.00 4os.2s Temporary �ne 4s.00 A discount will be provided for on-sale liquor 4io.o2 OnSale Malt (Strong) 445.00 licenses and shall reduce such fees mentioned in aio.o2 On Malt (3.2) �5.0o section 310.18 by approximately seven (7) per 4io.o2 Off-Sale Malt ss.00 cent, in the exact amounts as further provided 4io.�o�a) Temporary Malt 4s.00 herein, contingent upon each of the following con- 411.03 Entertainment--Class A 217.00 411.03 Entertainment�-Class B 527.00 ditionS: '�;, � 411.03 Entertainment�Class C 2,500.00 (1) Driuer's license guide; compilation of laws. ,� 4��.03 Entertainment Temporary 27.00 �e licensee shall maintain on the prem- .�.. Supp. No. 28 2039 � § 310.19 LEGISLATIVE CODE �' ', . , ises, in a location accessible at all times to vestigative services, and (ii) that the all employees of the licensed establishment: security agency shall charge the same a. A current driver's license guide, which amount to all licensees who choose to shall include license specifications for receive such services, so that all such both adults and minors for each state licensees are treated equally and with- (including Canadian provinces), and out discrimination. shall list such information from at least b. Investigation. The contract with the city five (5) yeazs prior to the present date; shall provide for and require one (1) or and more investigations by the security b. A current compilation of the laws re- agency each calendaz yeaz into the prac- lating to the sale and possession of al- tices of the licensee with respect to (i) coholic beverages in the State of Min- age identification of customers in order nesota as outlined in Chapter 7515 of to prevent sales of alcoholic beverages the State of Minnesota Rules and Chap- to minors, and (u) preventing the sale ter 340A of the Minnesota Statutes. of alcoholic beverages to persons who � This compilation must also include are obviously intofficated. The contract Chapters 240 through 246, 409 and 410 shall require that the security agency - of the Saint Paul Legislative Code. disclose the results of all such investi- (2) Signage. The licensee shall maintai.n on the gations to both the licensee and, at no premises, in all customer areas, current sig- cost to the city, to the office of license, nage relating to underage consumption of �p�tions and environmental protec- alcoholic beverages, and relating to driving tion, within ten (10) days after such under the influence of alcohol. One (1) sign investigations are concluded. Failure to must be located behind the bar, and one (1) do so will be grounds for adverse action sign must be present in each additional against the licensee's licenses. The con- room or section within the lounge area in tract shall require that all such inves- which the writing on the sign behind the tigations shall include unannounced bar is not clearly legible. The sign(s) must and random attempts by minors to pur- have dimensions of at least one (1) foot by chase alcoholic beverages in the li- one (1) foot with letters at least one-half censed premises, and surveillance with- (�/z) inch in height. All signs must be com- in the licensed premises. The security fortably readable from a distance of fifteen agency shall employ reasonable mea- (15) feet. sures to minimize or eliminate con- (3) Contract with security agency. flicts of interest in providing and re- porting on investigations of licensees. a. Generally. The licensee shall partici- pate in a training program with an ap- c. ?�aining. The contract shall also pro- proved private security agency, firm or vide for alcohol awazeness training by association (hereafter "security agen- the security agency of all officers, em- c�') which is selected and contracts with ployees or agents of the licensee who the City of Saint Paul for the purpose work in the licensed premises at least of providing investigations and train- once during the calendar year. All new- ing to the licensee pursuant to this sub- ly hired employees or new officers or section. The city contract shall provide agents hired during the calendar year (i) that the security agency shall not be shall receive such training within four reimbursed by the city, but that it shall (4) weeks following their hiring, and recover its costs and profit by fees col- shall not work in the premises after lected from the licensees which choose that four-week period until they have -- to receive the training program and in- received such training. �- �_:v� . Supp. No. 28 2040 . . qs-�� LICENSES § 311.02 �� d. Standards for approval. In addition to awareness training course to new- the requirements specified elsewhere ly hired employees within four (4) in this subsection, the security agency weeks after their hiring by the lic- and its investigations and training must ensee with whom there is a con- meet or exceed the following: tract. 1. The alcohol awareness course shall �e fees after credit for the discount shall be cover all of the topics listed herein. on-sale liquor over two hundred seats: four thou- The content of each training course sand seven hundred dollars ($4,700.00); on-sale shall include, but need not be lim- liquor over one hundred (100) seats: four thou- ited to: sand three hundred twenty-five dollazs ($4,325.00); (a) Pertinent laws and ordinanc- and on-sale liquor up to one hundred (100) seats: es regarding the sale of alco- three thousand nine hundred dollars ($3,900.00). hol. (C.F. No. 94-1447, § 2, 12-14-94) (b) Verification of age, forms of identification, and forms of � false or misleading age iden- CbaP�r 311. Public Telephones; Licensed tification. Premises � (c) The effect of alcohol on hu- mans and the physiology of al- Sec. 311.01. General; definitions. cohol intoxication. This chapter shall apply to any business li- (d) Recognition of the signs of in- censed by the City of Saint Paul where a tele- toxication. phone accessible to the public is located on the (e) Strategies for intervention to licensed premises. The term "licensed premises" prevent intoxicated persons shall mean and include, for the purposes of this from consuming further alca chapter, all the property, whether in or out of a hol. building or structure, which is (a) used for the (fj The licensee's policies and licensed activity, (b) under the ownership, control guidelines, and the employee's or management of the licensee, or leased to the role in observing these poli- licensee, if such property is adjacent to, or in rea- cies. sonably close proximity to, the premises in which (g) Liability of the person serving the licensed activity occurs. The term "licensee" alcohol. shall mean and include, for the purposes of this (h) Eff'ect of alcohol on pregnant chapter, the licensee and the manager of the li- women and their fetuses, and censed business; and if the licensee is a corpora- in other vulnerable situations. tion, partnership or other entity, the term "licens- 2. The security agency shall have a ee" shall also include each o�cer, director, minimum of two (2) years actual shareholder, partner, executive and manager of experience in alcohol awareness such corporation, partnership or other entity. training. The courses may be giv- �C.F. No. 95-64, § 1, 2-8-95) en by one (1) or more instructors, Sec. 311.02. Responsibility of licensees. but each instructor must have a formal education and/or training in It is the responsibility of every person holding a each area they teach. The courses license issued by the City of Saint Paul as a con- may be supplemented by audio- dition of that license and its continuation to take visual instruction. adequate measures to insure that every telephone 3. The security agency shall have suf- on the licensed premises is not used for the pur- �." �.' j ficient personnel and physical re- pose of distribution, sale, use or possession of con- �.:`.>-' sources to provide an alcohol trolled substances, prostitution or other criminal Supp. No. 29 2040.1 § 311.02 LEGISLATIVE CODE f^' : ~`•� activity. Failure to comply with the terms and re- Sec. 311.04. Procedure for designation of a �- quirements of this chapter shall be grounds for problem phone. adverse action. (a) Before issuing an order designating a prob- (C.F. No. 95-64, § 1, 2-8-95) lem telephone under section 311.03, the director Sec. 311.03. Designation of problem tele- or his/her designee shall conduct an informal hear- phones. ing to determine whether a particular telephone is a problem telephone and, if so, what measures The director of the office of license, inspections can be taken to correct the condition. The infor- and environmental protection may by written or- mal hearing shall be preceded by at least ten (10) der designate one (1) or more public telephones days' written notice to the licensee and the owner located on the licensed premises of any licensee as of the public telephone at the address indicated a problem telephone. Such designation shall be on the subject telephone, describing the time, place based upon evidence which possesses probative and subject matter of the hearing. The director or value commonly accepted by reasonable prudent his/her designee may consider any evidence with persons in the conduct of their affairs, which shows probative value commonly accepted by reasonable that one (1) or more of the following conditions p�dent persons in the conduct of their affairs. exist: . (a) The telephone is regularly or frequently �b) Upon a finding of fact that the particular used to further the distribution of controlled telephone is a problem telephone, the director or substances, prostitution or other criminal his/her designee may issue an order, which shall be in writing and addressed to the owner of the activity. telephone and to the licensee, to take and keep in (b) The unrestricted use of the telephone (i) force one (1) or more of the following remedial contributes to loitering or congregation in measures including, but not limited to, the follow- the area or disturbs the peace, quiet or per- ing: sonal safety of other persons in the azea, or (ii) contributes to the existence of a nui- �1) Modifications to the public telephone sance as defined in section 310.17(c) of the through use of existing technology to pre- Saint Paul Legislative Code. vent persons from using the telephone to facilitate criminal activity. (c) The telephone is detrimental to the public �2) Installation of a lockup telephone in place safety. of the existing telephone, or of devices that (d) The telephone unreasonably interferes with effectively prevent the use of the telephone the flow of pedestrians or vehicular traffic. except under the supervision of the licens- (e) The telephone unreasonably interferes with ee or law enforcement authorities. the use of crosswalks, traffic signs or sig- (3) Modifications to the telephone to prohibit nals, hydrants or mailboxes. the reception of all� incoming calls. (fl The telephone unreasonably interferes with (4) Movement of the telephone to a different ingress or egress from any residence or place location on the licensed premises. of business. (5) Modifications to the telephone through the (g) The telephone is deemed by the traffic en- use of existing technology to prevent its use gineer to be a safety concern or hazazd: for calls to pagers and/or cellular telephone (h) The telephone is considered excessive giv- ��mbers. en the number of other public telephones in (6) Modifications to the telephone to prevent the area and that the aggregate number of its use by payment in coins, and/or restric- public phones contribute directly to any con- tions on the provision of coins suitable for ditions listed in subsections (a) through (g) use in the telephone by the licensed busi- above. ness and its employees, manager and own- �: , (C.F. No. 95-64, § 1, 2-8-95) er. - `�_... • supp. No. 2s 2040.2 \ _ 1 . � ��" I � •�'�.� LICENSES § 408.05 .` . . moval of goods or material, attractively (b) Recycling processing center. Every licensee painted, maintained in good condition, and of a recycling processing center shall comply with of a capacity sufficient to accommodate all the following conditions (NOTE: a recycling pro• such materials. The collection schedule cessing center that collects recyclable materials must also be posted in full view of the gublic shall be subject only to the following conditions at all times. and not those stated above for a recycling collec- tion center): (4) The containers used for recycling dropoff stations must be clearly marked to identify (1) The required license, name and phone the type of material and goods that may be number of the facility operator, and the deposited and shall display a notice stating hours of operation must be prominently dis- that no material or goods shall be left out- played. side the recycling containers. There shall �2� All exterior storage and processing areas be a sign indicating that cans and bottles must comply with the requirements for con- should be rinsed prior to deposit at the tainers and screening set forth in section dropoff station or the collection center. 60.612(18) and section 60.613(3)(a) if in an (5) The recycling collection center shall not op- I-1 zoning district or section 60.624(1) if in erate between 7:00 p.m. and 7:00 a.m. if the � I-2 zoning district. facility is located within five hundred (500) (3) There shall be no open burning of any ma- feet of residentially zoned or residentially terial and no �re hazards shall e�st on the used property, measured from the property premises. The use of cutting torches, fur- line of the recycling collection center to the naces and other equipment which produce property line of the nearest residentially a flame shall not be construed to constitute zoned or residentially used property. open burning. (6) No fire hazards shall exist on the premises. (4) The premises shall be maintained in a clean (7) The premises shall be maintained in a clean and orderly condition free of rats and other and orderly condition free of rats and other vermin and free of standing water. No oil, grease, petroleum products or other vermin, wastes and standing water. No oil, harmful, hazardous or noxious liquid shall grease, petroleum products or other be allowed to run off the property or absorb hazmful, hazardous or noxious liquids shall into the ground. be allowed to run off the property or absorb into the ground. (5) Noise levels shall not exceed the limits set forth in Chapter 293 of this Legislative (8) Noise levels shall not exceed the limits set Code. forth in Chapter 293 of this Legislative Code. (6) Weeds and grass on the premises shall be maintained in accordance with Chapter 45 (9) Weeds and grass on the premises shall be of this Legislative Code. maintained in accordance with Chapter 45 of this Legislative Code. (7) No material used in the business shall rest on or protrude on any public property or be (10) No material used in the business shall rest permitted to be blown off the premises. on or protrude on any public property or be permitted to be blown off the premises. (8) N,o activity required by this chapter to be licensed shall be conducted any place ex- (11) No activity required by this chapter to be cept upon the premises described in a li- licensed shall be conducted any place ex- cense, other than necessary transport of ma- cept upon the premises described in a li- terials to or from licensed premises. cense, other than necessary transport of ma- (Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, § � � terials to or from licensed premises. 5, 5-18-94) ��-' Supp. No. 26 2169 � � § 408.06 LEGISLA'TIVE CODE - �:' : : : Sec. 408.06. R.ecord keeping. Sec. 408.07. License not transferable. (a) Transactions for which records required to Licenses issued hereunder shall not be trans- be maintained. Licensees shall maintain records ferable. on the premises for at least one (1) year for the (Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, § following transactions: 7, 5-18-94) (1) Purchases from minors. Purchases of all ma- terials, excluding beverage containers and Sec. 408.08. ftenewal; transition provisions. paper products, from persons under age of eighteen (18). In addition, each licensee (a) Renewal. Any person to whom an initial li- shall obtain written consent of a parent or cense has been issued may obtain the annual re- guardian of the minor before purchasing newal of the license by filing with the inspector any materials for which records of pur- an application which specifies any changes in the chases are required. The written consents information submitted with the initial applica- shall also be maintained by the licensee for tion and the annual license fee. The inspector shall one (1) year. process the application in the manner specified in section 408.04 and the council shall consider the . (2) Purchases oaer two hundred dollars application in the manner specified in section ($200.00). Purchases of all materials, ex- 310.04. cluding beverage containers and paper prod- (b� Transition provisions. Applications for re- ucts, for an amount of two hundred dollars newal by persons holding a license under the pro- ($200.00) or more from any person. visions of Chapters 408 or 420, as of the effective (b) Information recorded. Records for materials date of this ordinance [Ordinance No. 17787, as purchased shall be made at the time of the pur- �ended by C.F. No. 94-539], with respect only to chase and shall provide an accurate account or existing premises, shall be treated as a renewal description of the materials purchased. Each rather than an initial license; provided, that the record shall be clearly and legibly written in the Persons agree to abide by the terms of this chapter English language and shall include the amount �thin ninety (90) days from the expiration of the paid, the date and time of the receipt, the seller's original license. identification including the seller's name and ad- (c) Adaerse action. The council may take ad- dress. Records shall be open to inspection at all verse action on any license in accordance with the . reasonable times by the inspector or designee or procedures set forth in Chapter 310. any member of the police department. (Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, § 8, 5-18-94) (c) Restriction on selling or removing goods and materials purchased. If probable cause exists that specific goods or materials are stolen contraband or have been used in the commission of a crime Chapter 409. Intoxicating Liquor* and a representative of the police department no- ti�es the licensee of such, the licensee shall not Sec. 409.01. License required. sell or permit to be sold, remove or permit to be removed, such goods and materials until such time No person shall sell intoxicating liquor for con- as may be determined by the chief of police or his sumption at any time or place in Saint Paul or her representative, provided that such time without a license. shall in no case exceed the period of ninety (90) (Code 1956, §`308.02) days from the time of notification. (Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, § *Cross references—For general provisions pertaining to 6, 5-18-94) liquor and beer, see Title XXIV; nonintoa�icating malt liquor, Ch. 410; use of beer and intoxicating liquor in drive-in motion -. picture theatres prohibited, § 416.06(b). ' ; Supp. No. 26 2170 qS-�� LICENSES § 409.02 Sec. 409.02. Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this sec- tion: Club shall mean a corporation organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement or promotion of sports which has more than fifty (50) members and for more than a year owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable ac- commodation of its members, and whose affairs and management are conducted by a board of di- rectors, executive committee or other similaz body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents - or employees are paid, directly or indirectly, any compensation by way of profit from the distribu- tion or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wage as may be fixed and voted each year by the directors or other gov- erning body. A club shall also, in order to be li- censed, meet the provisions of Minnesota Stat- utes, Section 340A.404, subdivision 1(4), which requires that the organization shall have been in existence for at least three (3) years, and liquor sales will be only to members and bona fide guests. The above term will include private clubs licensed under former Chapter 404 of this Code, so long as they meet the above requirements upon applica- tion for an on-sale license. Exclusive liquor store shall mean an establish- ment used only for off sale and on sale sales of intoxicating liquor, except that, upon obtaining : .� , Supp. No. 26 2 j 7 j . �s-�� f �-�-�; LICENSES § 409.04 proper state or city licenses for such sales, cigars, On-sale shall mean the sale of liquor by the cigarettes, all forms of tobacco and nonintoxi- glass for consumption on the premises only. cating malt beverages and soft drinks may also be p�kage or original package shall mean and in- sold in said exclusive liquor store at retail; pro• vided, further, that such nonintoxicating malt bev- clude any container or receptacle holding liquor, erages and soft drinks, when sold pursuant to an Which container or receptacle is corked or sealed. off sale liquor license, shall be sold for consump- person shall include individuals, corporations, tion off the premises only. partnerships and associations. General food store shall mean any place of busi- ness carrying a stock of food supplies and prima- Restaurant shall mean an establishment other rily engaged in selling food and grocery supplies than a hotel, under the control of a single propri- to the public. etor or manager, having appropriate facilities for the serving of ineals for no fewer than fifty (50) Hotel shall mean an establishment with resi- guests at one time. dent proprietor or manager, where, for payment, food and lodging are regularly furnished to tran- Sale and sell shall mean and include all barters sients, and which maintains, for use of its guests, and all manner or means of furnishing intoxi- no fewer than fif�y (50) guest rooms with bedding cating liquor or liquors in violation or evasiori of and other suitable and necessaxy furnishings in law. each room, and which has a main entrance with (Code 1956, § 308.01; Ord. No. 17676, § l, 8-24-89) suitable lobby, desk and office for the registration of guests on the ground floor and which employs Sec. 409.08. Number of licenses. an adequate staff to provide suitable and usual service, and which maintains, under th�e same (a) On-sale licenses shall be issued only to ho- management and control as the rest of the estab- tels, clubs, restaurants and establishments for the lishment and as an integral part thereof, a dining sale of on-sale liquors exclusively. room with appropriate facilities for seating not less than thirty (30) guests at one time, where the (b) Off-sale licenses shall be granted subject to general public is, in consideration of payment, the approval of the liquor control commissioner served with meals at tables. only to proprietors of exclusive liquor stores, and Intoxicating liquor or liquor shall mean and in- but one such license shall be issued for every five clude ethyl alcohol, and any distilled, fermented, thousand (5,000) inhabitants in the city. spirituous, vinous or malt liquid of any kind po- (Code 1956, § 308.06; Ord. No. 17172, 10-23-84; table as a beverage, which contains an alcoholic Ord. No. 17570, § 1, 6-23-88) content in excess of three and twatenths (32) per- cent thereof by weight or four (4) percent by Sec. 409.04. Exceptions. volume. This chapter shall not be construed to prohibit Medicines shall mean and include only such po- the sale of wine for sacramental purposes by any table liquids as prescribed by licensed physicians person duly licensed by the state liquor control and dentists for therapeutic purposes and United commissioner so to do; nor shall this chapter be States Pharmacopoeia and National Formulary construed to prohibit the sale of inedicines as preparations and preparations used for the miti- herein defined; nor of industrial alcohol designed gation of disease for external and internal pur- for mechanical, chemical, scienti�c, pharmaceu- poses which are usually sold in drug stores and tical or industrial purposes; nor to compounds or intended for therapeutic purposes and not for bev- preparations containing alcohol, if such compounds erage purposes. or preparations are not potable as a beverage; nor Off-sale shall mean the sale of liquor in original shall it be construed to prohibit the sale of intox- ;:'.`'-� packages in retail stores for consumption of�' or icating liquor for medicinal purposes by a duly +- away from the premises where sold. licensed and registered pharmacist or druggist �� Supp. No. 16 2172 § 409.04 LEGISLATIVE CODE upon bona fide prescription, in writing, by a phy- creasing the license fees. At said public hearing, sician or dentist. the department of finance and management ser- (Code 1956, § 308.22) vices shall present evidence to the council showing the relationship between the proposed fee increase Sec. 409.05. On- and off•sale licenses; term; and the costs borne by the city for liquor-related fees. regulating and policing. (a) Term. A11 licenses for the sale of intoxi- (e) License fee, off-sale. The license fee for an cating liquor shall be for a term of one (1) year off-sale license is hereby fixed at the sum of one from the date of issuance, renewal or transfer, thousand dollars ($1,000.00). except as provided herein. The date shall be de- termined by the inspector and entered upon the (fl Fees, transfers. Where a transfer of an on- license. In 1990 and 1991, the inspector is hereby sale or off-sale license is approved by the council, authorized and empowered to stagger such license the fee to be charged shall be the prescribed an- renewal dates administratively, employing a nual fee less a credit given for each month or por- system for random extension of individual licenses tion of a month remaining of the original term. on a one-time only basis so that the work load of . the license and permit administration on such li- (g) ]�te fees. Notwithstanding the provisions of censes is spread more or less equally over a twelve- Section 310.09, an applicant for renewal of an on- month period. sale liquor license shall be charged a late fee in an (b) License fees, on-sale; semiannual install- �ount of ten (10) percent of the installment due ments. The license fee for an on sale license is for such license for each thirty-day period or por- hereby fixed as follows: tion thereof which had elapsed after the expira- � tion date of such license or semiannual period, (1) Seating capacity over 200 ... $3,000.00 �d the late fee shall not exceed fifty (50) percent (2) Seating capacity over 100 ... 2,750.00 of the annual life. (3) Seating capacity 100 or less . 2,500.00 (h) Annual license fees for clubs and private Said sum shall be paid in two (2) equal amounts, clubs. The annual license fee for a club and a pri- the first to be paid before the license is issued or vate club shall be in conformity with Minnesota renewed, the second payment to be made within Statutes, Section 340.408, subdivision 2(b). six (6) months from the date of issuance or re- newal. (i) Lawful gambling location license: (c) On-s¢le license; replacement af �er revocation. Class C establishments (seating capacity 100 or If, for any reason, the on-sale license in this less) chapter provided for is revoked by the council of , the City of Saint Paul, no replacement license shall Class B establishments (seating capacity 101— be issued until the full license fee for the new 200) license due for the remainder of the license year is first paid; provided, however, that in no event shall Class A establishments (seating capacity more a licensee pay less than the applicable annual li- than 200) cense fee together with the applicable issuance tax for a license, or combination of licenses, during (j) License fee, gambling locations. The license a license year. fee for lawful gambling locations as of January 1, (d) Increase in on-sale license fee; notice to lic- 1991, shall be as follows: ensees. The license inspector is hereby directed to Class C . . . . . . . . . . . . . . . . . . . . . . . . $268.00 notify in writing via U.S. mail all on-sale lic- Class B . . . . . . . . . . . . . . . . . . . . . . . . 401.00 ' = ensees of the public hearing date for council con- sideration of any amendments to this section in- Class A . . . . . . . . . . . . . . . . . . . . . . . . 535.00 _ � Supp. No. 16 2172.2 . as->»� LICENSES � 409.06 :� \ '1 � ''' provided, however, that the fee for subsequent and an exact description, including the pro- years may be increased in accordance with Sec- posed ffoor plan and seating capacity, of the tion 310.16 of this Legislative Code. particular place within the building struc- (k) Notwithstanding subsection (a) of this sec- ture where such sales are proposed. tion, where an existing on-sale intoxicating liquor (3) Whether the applicant has ever been en- license holder makes application for a new on-sale gaged in a similar business and, if so, the license for the same location together with one or location thereof and the date when so en- more family members as additional license gaged. The application shall be signed and holders, the term of the new license shall coincide verified by the applicant in person and, if with the end of the existing liceuse and end on the the applicant is a corporation, by an officer same date. No additional license fee for the new of the corporation. license shall be paid for the remainder of the term - of the existing license, so long as the license fees �4) Whether applicant has ever used or been for the existing license are fully paid. The normal known by a name other than his true name; license fee must be paid in any case for the re- and if so, what was such name or names mainder of the term of the existing license. Each and information concerning dates and additional family member becoming a license places where used. holder shall fill out an application form for pur- (�) Street addresses at which applicant and poses of the background investigation by the li- present spouse.have lived during the pre- cense division, and provide such other informa- ceding ten (10) years. tion as may reasonably be required by the license division, and sliall pay a fee of fifty dollars ($50.00) (6) Kind, name and location of every business with the application. The term "family members," or occupation applicant has been engaged for the purpose of this subsection shall include in during the preceding ten (10) years. parents, children, grandchildren, brothers and sis- �7� Names and addresses of applicant's em- ters, together with the spouses of such parents, ployers and partners, if any, for the pre- children, grandchildren, brothers and sisters. ceding ten (10) years. (Code 1956, § 308.17; Ord. No. 16842, 10-20-81; Ord. No. 17321, § 1, 12-31-85; Ord. No.17328, § 1, (8) Whether applicant has ever been convicted 1-23-86; Ord. No. 17424, §§ 1, 2, 1-6-87; Ord. No. of any felony, crime or violation of any or- 17676, § 2, 8-24-89; Ord. No. 17789, § 1, 11-20-90; dinance other than tr�c. If so, the appli- Ord. No. 17818, § 1, 4-11-91; Ord. No. 17918, § 1, cant shall furnish information as to time, 3-31-92) place and offense for which convictions were had. The inspector and council shall not Sec. 409.06. Licensing requirements. make use of any conviction or criminal record not available for lawful use under �(a) Application. Any person desiring a license Minnesota Statutes, Chapter 364. to sell intoxicating liquor shall make his verified application in writing upon a form approved by �9) Whether applicant has ever been engaged the liquor control commissioner of the State of as an employee of or in operating a saloon, Minnesota and shall file the same with the in- hotel, restaurant, cafe, tavern or other busi- spector. Such application form shall require that ness of similar nature. If so, applicant shall the following information be set forth upon the furnish information as to the time, place application� and such further information as may �d length of time. be required: (10) If the applicant is a partnership, the names (1) The name and place of residence of the ap- and addresses of all partners and all infor- � plicant. mation concerning each partner as is re- quired of a single applicant. A managing (2) The locat�on of the premises upon which partner or partners shall be designated. The - the applicant proposes to sell such liquor interest of each partner in the business shall �,� . . '. .: _ , Supp. No.19 2173 § 409.06 LEGISLATIVE CODE '' �':1 be disclosed. A true copy of the partnership mises, fixtures, furniture, stock-in-trade, agreement shall be submitted with the ap- and any other asset, and proof of the source plication; and if the partnership is required of such money. to file a cert�cate as to a trade name under (15) The names and addresses of all persons, the provisions of Chapter 333, Minnesota other than the applicant, who have any fi- Statutes, a copy of such certificate certified nancial interest in the business, buildings, by the clerk of district court shall be at• premises, fixtures, furniture and stock-in• tached to the application. trade; the nature of such interest, amount (11) If the applicant is a corporation or other thereof, terms for payment or other reim- organization and is applying for an on-sale bursement. This shall include, but not be or off-sale license, the following: limited to, any lessees, mortgagees, mort- gagors, lenders, lien holders, trustees, trus- a. Name, and if incorporated, the state of tors and persons who have cosigned notes incorporation. or otherwise loaned, pledged or extended b. A true copy of certificate of incorpora- security for any indebtedness of the appli- tion, articles of incorporation, or asso- cant. ciation agreement and bylaws; and if a �. foreign corporation, a cert�cate of au- (16) VVhether or not all real estate and personal thority as described in Chapter 303, property taxes for the premises to be li- Minnesota Statutes. censed that are due and payable have been c. The name of the manager or proprietor Pazd, and if not paid, the years and amounts or other agent in charge of the pre- Which are unpaid. mises to be licensed, the assistant man- The applicant shall file with the inspector, with ager(s), the food manager(s), and the his application, the amount of the license fee beverage manager(s), giving all the in- herein fixed for the particular license for which formation about said person(s) as is re- he makes application. quired of a single applicant in subpara- graph (3) of this section. (b) Investigation; issuance; etc. The license in- d. The application shall contain a list of spector shall register the application in books kept all persons who, singly or together with for that purpose, one for on-sale licenses and one any other person, own or control an in- for off sale licenses. He or she shall notify imme- terest in said corporation or associa- diately the director of the division of public health, tion in excess of five (5) percent or who the chief of police and the chief of the department aze officers of said corporation or assa of fire and safety services of the fact that such : ciation, together with their addresses application is filed. It is hereby made the duty of and all information as is required of a the aforesaid director, the chief of police and the single applicant, except that applica- �`�'e chief to inspect and examine or have inspected tions for off-sale shall list all persons �d examined the premises described in the ap- who own or control any interest in said Plication and inquire into the character of the ap- corporation. plicant and make report to the inspector of their opinion, whether the applicant is a proper person (12) R.eserved. to receive such a license and whether the pre- _ (13) A copy of the Minnesota buyer's card or mises are suitable for such a business. Upon re- application therefor, and a copy of the fed- ceipt of the reports, the inspector shall examine eral retail dealer tax stamp or application them and transmit them to the city council, to- therefor, received or submitted by the ap- �ther with his or her recommendations respecting plicant. the applicant or the place of business. Upon re- ceipt of such reports and recommendations, the (14) The amourit of the investment that the ap- council shall consider the same and shall, by res- plicant has in the business, building, pre- olution, grant or deny the application. - ;` :�. Supp. No. 19 2174 . . as-�1�� LICENSES § 409.06 �. ... Where the application is for an off-sale liquor (21) yeazs of age or older, of good moral character license and the applicant is the holder of an on- and repute, nor, consistent with and subject to sale nonintoxicating malt liquor license hereto- Minnesota Statutes, Chapter 364, to any person fore issued by the city council to sell such nonin- convicted of (1) any federal, state or local crime or toxicating malt liquor for consumption on the o$'ense involving the manufacture, sale, distribu- premises, the council shall not grant such off-sale tion or possession for sale or distribution of intox- liquor license until the applicant surrenders his icating liquor, or (2) of any crime under Minnesota license to sell nonintoxicating malt liquor for con- Statutes, Sections 152.021 through 152.025, or (3) sumption on the premises. If an off-sale license is of any crime usable under Minnesota Statutes, granted, the resolution granti.ng it shall direct the Chapter 364, which directly relates to the occu- inspector to issue the license whenever the bond pation or business for which the license is sought. hereinafter provided for has been approved and The foregoing shall not aff'ect or modify the pro- the liquor control commissioner advises the in- visions of Minnesota Statutes, Section 340A402 spector that he approves of the issuance of the relating to persons eligible for retail licenses. license to the particulaz applicant. If an on-sale license is granted, such resolution �c-1) Public hearing; notices. No new license for either on-sale or off-sale shall be issued until the shall direct the inspector to issue the same when- council's committee designated to heaz license;nat- ever the bond hereinafter provided for has been ters shall have first held a public hearing on the approved. application. The notification requirements appli- Should the application for a license not be grant- cable to license transfers or change in licensed ed, the resolution refusing the same shall autho- �'eas in section 409.11 shall be applicable in the rize and direct the proper city officers to refund to issuance of new licenses. the applicant the deposit made at the time of the filing of the application. (d) One license on1y. Not more than one (1) off- sale retailer's license shall be directly or indirect- No new license shall be issued for any location ly issued to any one (1) person or for any one (1) within a one-half-mile radius of which there al- place in this city, nor shall any retailer's off-sale ready are four (4) or more premises licensed for license be directly or indirectly issued for any place the sale and consumption of intoxicating liquor on for which a license of another class has been grant- the premises; provided, however, that this restric- ed. It shall not be a violation of this paragraph for tion shall not apply: a person who owns, directly or indirectly, or who (1) If the proposed new location lies within a has an interest in any intoxicating liquor license designated commercial development dis- ��g city additionally to own directly or indi- trict; rectly or to have an interest in one (1) or more corporations owning or operating a hotel holding (2) Zb an on-sale wine or into�cating malt li- ��xicating liquor license in connection there- quor license issued under section 409.15 of ��; provided, that such hotel shall have at least this Code; or one hundred fifty (150) or more rental units. (3) 1b a license issued to a club which at the time of application for an on-sale license (e) Premises of license. No on-sale or off-sale hereunder held a private club license under license shall be effective beyond the compact and former Chapter 404 of the Code for the same contiguous space named in such license and for premises now sought to be licensed under Which'the same was granted, except that an on- this chapter, and for so long as the on-sale sale 1i�ense granted for sales in the dining room of license remains at that location and the li- anY hotel may permit sales of liquor with meals in censed premises is neither enlarged nor additional dining rooms open to the public and transfened. � specified in the license if ineals are regularly served to guests therein. If ineals are regularly served to �� (c) License qualifications. No license shall be guests in guest rooms in any such hotel, liquor �''-_:� ° issued to anyone other than a person twenty-one may be sold in such guest rooms but only with �� . � Supp. No. 28 2175 § 409.06 LEGISLATIVE CODE `,r--;l`. meals; provided, that such guest rooms must be service area below the number of off-street - specified in the license granted. No sales shall be pazking spaces which would be required if made upon the premises of an on-sale licensee the licensed premises tagether with the out- except upon the ground floor; provided, however, side service azea were to be newly construct- that this limitation shall not apply to a hotel duly ed in conformity with the zoning code; pro- licensed to sell on another floor as in this section vided, however, that this requirement may provided; and provided further, that a licensee shall be modified by the council by resolution in be permitted to sell at a place in a building other accordance with the procedures and sub- than the ground floor if a license has been granted stantive criteria provided in section for sales on a floor other than such ground floor. 409.08(11)e. of this Legislative Code. All licenses granted hereunder shall set forth the �4) No outside service area shall be permitted exact location within the building structure where �ess the licensee provides, in addition to such sales may be made and no sale shall be per- other requirements of law, safety barriers mitted except in that part of the premises defined or other enclosures to protect patrons from in the license, except as provided in the following � hazards, including vehicular traffic. subsections (1) through (8): (1) The council may, by resolution, permit any «� No outside service area shall be located on licensee to sell or serve intoxicating liquors public property or upon any street, alley or in areas outside the building structure sidewalk, nor shall such outside service ar- which aze immediately adjacent to and con- eas hinder or obstruct vehiculaz or pedes- tiguous with the structure containing the trian traffic on any street, alley or side- licensed premises. Such outside service az- walk. Notwithstanding the foregoing, the eas shall be seasonal, and shall not involve sale and service of alcoholic beverages with- an enlargement of the building structure. � a sidewalk cafe by a food establishment Such permission shall not be granted un- in the downtown business district, which is less all the conditions of subsections (1) licensed as a restaurant under Chapter 331 through (8) and all pertinent provisions of of the Legislative Code and which is in com- the. zoning code are satisfied. pliance with the provisions of section 106.01 (2) No outside service azea shall be permitted of the Legislative Code, is permitted. unless the licensee presents with his or her (6) The council may deny any application for application for such outside service area a an outside service area where it has reason statement in writing by ninety (90) percent to believe, or may revoke its permission for of the owners and tenants of all private res- such an outside service area where it is sat- idences, dwellings and apartment houses is8ed, that the impact of such outside ser- located within two hundred (200) feet of the vice area oa adjoining property will be, or proposed outside service area that they have has been, any of the following: no objection to such service area. Measure- a. Loud, boisterous or disturbing noise lev- ments shall be determined from the prop- e �� erty line of the licensed premises to the prop- b. Hazardous traffic conditions; erty line of the residential uses; provided, however, that where the licensed premises c. Offensive, obnoxious or disturbing is located within a shopping mall or shop- odors; ping center the measurements shall be de- d. Excessive litter; termined from the nearest corner of the building in which the licensed premises is e. Egcessive artificial lighting; located to the property line of the residen- f. Substantial decrease in adjoining prop- tial uses. erty values; or (3) Off-street parking spaces may not be re- g. Any other condition inconsistent with " r . duced by the establishment of an outside the reasonable use and enjoyment of :��- f� ,`� Supp. No. 28 2176 �-1�� LICENSES § 409.06 �� , adjoining property and inconsistent minor, noncitizen or a person who has been con- with the health, safety, morals and gen- victed of a crime other than a violation of this eral welfaze of the adjoining neighbors chapter or the liquor control act. or community. (j) Reserued. (7) Permission to sell and serve intoxicating liquor in or upon any outside service azea (k) Renewals: may be revoked by the council on three (3) �1� � on-sale license renewal may be denied days' notice to the licensee, pursuant to in- for any licensee who is delinquent in any formation received at a public hearing be- payment or contribution to a health and fore said council. The information need not welfare trust or pension trust. be received under oath, but must reason- ably satisfy the council as to the existence (2) If on or before the expiration of the license of any or all of the conditions listed in sub- the licensed business has discontinued its paragraph (6). The public hearing shall be operation or closed, the council shall renew conducted with such formal or informal pro- said license only upon the condition that cedures as the council may permit, so long the licensee shall reopen and restore the as the licensee and any complaining par- licensed business to full operation within ties have an opportunity to be heard. the terms of the renewed license, or in ad- dition, in the case of an off-sale license, that (8) The licensee shall, with respect to any out- the licensee shall make application for and side service area, comply with all applica- obtain passage, approval and publication of ble provisions of law and regulations in re- a resolution for the transfer of said license gard to the sale and service of intoxicating �t� the term of the renewed license to liquor, including, without limitation by rea- another person. No license issued upon con- son of this specification, all applicable reg- dition pursuant to this subsection shall be ulations contained in sections 409.08 and ��her renewed unless one (1) or the other 409.09 of this chapter. of the above conditions has been fully met; (fl Zoning restrictions. No license shall be is- provided, however, that notwithstanding the sued for premises located within an area wherein foregoing the council may at any time reis- such use of the premises is prohibited by the zon- sue a license for a business which has not ing code, nor within an area where such sales aze been in full operation duri.ng the prior li- forbidden by the state law or any other ordinance cense year if the licensed premises were (1) of the city. acquired by eminent domain or under the threat of eminent domain and the licensee (g) License restrictions. No off-sale license shall has made a good faith attempt to relocate be issued for any place where nonintoxicating malt the business to another location, or (2) de- beverages shall be sold for consumption on the stroyed by a disaster or natural forces, and premises. the licensee indicates an intent to recon- (h) Other required permit. No license granted struct and reopen the premises. hereunder shall be effective until a permit shall (3) Any license which is not renewed pursuant be issued to such licensee by the United States if to this paragraph (k) or for any other rea- any such permit is, in fact, required. son lapses and may be reissued pursuant to section 409.16. (i) State restrictions. No license shall be issued to any person in connection with the premises of (1) License near church or school. No license, another to whom no license could be issued under except an on-sale wine or intoxicating malt liquor the provisions of the state liquor control act; pro- license issued to a restaurant as defined in section vided, however, that this provision shall not pre- 409.15, shall be issued for any premises located vent the granting of a license to a proper lessee by within three hundred (300) feet from any public ±� reason of the fact that he shall lease premises of a or parochial school, church or synagogue, said three �� Supp. No. 28 2177 § 409.06 LEGISLATIVE CODE . -. ,� hundred (300) feet being calculated and computed absence of consideration and excluding gifts as the distance measured from the property line or donations, has a pecuniary interest in of the premises or building proposed as the loca- the retail license; and tion for the liquor license to the property line of any school, church or synagogue in the area for which the license is sought. (2) Does not include loans, rental agreements; open accounts or other obligations held with Any licenses in force and effect on November or without security arising out of the ordi- 10, 1962, the location of which license is in conflict nary and regular course of business of sell- with the provisions hereof, may be renewed, trans- ing or leasing merchandise, fixtures, sup- ferred or otherwise dealt with in accordance with plies to the establishment; an interest in a law, it being the intent of this paragraph that it be corporation owning or operating a hotel but applied prospectively for proposed locations of li- having at least one hundred fifty (150) or censes, and further it being the intent of this para- more rental units holding a liquor license graph that the limitations set forth in this para- � conjunction therewith; or ten (10) per- graph shall in no manner be applicable to any cent or less interest in any other corpora- hotel or motel. Upon written petition signed on tion holding a license; and 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- (3) In determining whether an"interest" ex- sevenths vote disregard the provisions of this para- ists, the transaction must have been bona graph insofar as location adjacent to a church, fide and the reasonable value of the goods school or synagogue of a proposed license is con- and things received as consideration for a cerned. payment by the licensee and all other facts (m) Unlawful use of weapons. If during any reasonably tending to prove or disprove the existence of a purposeful scheme or arrange- twelve-month period there are reported two (2) or �ent to evade the restrictions of this para- more incidents involving unlawful use or han- �aph must be considered. dling 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 (o) Nonconforming clubs; transition. The restric- the council. Any adverse action may be considered tions and requirements in sections 409.06(fl, by the council pursuant to the hearing provisions 409.06(1), and 409.08(11) of this chapter shall not of section 310.05. apply to licenses issued to a club under this chap- (n) Prohibited interests. Aholder of a license as ter which at the time of application for an on-sale a manufacturer, brewer or wholesaler may not license held a private club license under former have any interest or ownership, in whole or in Chapter 404 of this Code for the same premises part in a business holding a retail intoxicating for which a license hereunder is sought or will be liquor license or in the license so held, but a man- issued, for so long as the on-sale license remains ufacturer or wholesaler of intoxicating or nonin- at that location and the licensed premises is nei- toxicating liquor may use or have property rented for retail intoadcating liquor sales if the manufac- turer or wholesaler has owned the property con- tinuously since November 1, 1933. For the pur- poses of this paragraph, the term "interest": (1) Includes any pecuniary interest in the own- ership, operation, management or profits of a retail liquor establishment, and a person who receives money from time to time di- .. ' rectly or indirectly from a licensee, in the - Supp. No. 28 2178 as-�r,� �,R"""� LICENSES § 409.07 ther enlarged nor transferred. Such licensed prem- cember 31, off-sale may be made until 10:00 p.m. ises will be deemed a lawful nonconforming use No off-sale shall be made on December 24 after under the zoning code. 8:00 p.m. ' (Code 1956, §§ 308.03, 308.05, 308.07-308.11, 308.13, 308.15, 308.19, 308.26, 308.34; Ord. No. (b) Sunday sales: 17172, 10-23-84; Ord. No. 17173, 10-23-84; Ord. No. 17177, 10-23-84; Ord. No. 17229, § 1, 4-18-85; �1) Notwithstanding the provisions of para- Ord. No. 17247, § 1, 6-6-85; Ord. No. 17289, § 1, �'aph (b), establishments to which on-sale 9-10-85; Ord. No. 17318, § 1, 12-24-85; Ord. No. licenses have been issued or hereafter may 17328, § 2, 1-23-86; Ord. No. 17551, § 4, 4-19-88; be issued for the sale of intoxicating liquors Ord. No. 17562, § 1, 5-17-88; Ord. No. 17563, § 1, �'�'�ch are hotels or restaurants and which 5-17-88; Ord. No. 17631, § 1, 2-7-89; Ord. No. have facilities for serving no fewer than fif- 17657, § 1, 6-8-89; Ord. No. 17676, § 5, 8-24-89; ty (50) guests at one (1) time may serve Ord. No. 17704, § 2, 1-16-90; C.F. No. 92-899, § 1, intoxicating liquors between the hours of 7-9-92; C.F. No. 94-1033, § 2, 9-14-94; C.F. No. 10:00 a.m. on Sundays and 1:00 a.m. on 94-1561, § 1, 11-16-94; C.F. No. 94-1563, § 1, 11- Monday in conjunction with the serving of 16-94) food, but no liquor shall be served on Sun- Cross reference-Licensing requirements for establish- dByS ottleT ti18T1 to peTSOns wilo aTe Seated ments selling noninto�cating malt liquors, § 4�0.03. at tables; provided, that the licensed estab- lishment is in conformance with the Min- Sec. 409.065. Insurance requirements. nesota Clean Indoor Air Act. No license under this chapter may be issued, (2) It is unlawful for any such establishment, maintained or renewed unless the licensee or ap- directly or indirectly, to sell or serve intox- plicant therefor complies with the insurance re- icating liquors as provided in subparagraph quirements imposed by Minnesota Statutes, Sec- (1) above without having first obtained a tion 340A.409; provided, that the licensees referred special license therefor. Such special license to in Minnesota Statutes, Section 340A.409, sub- may be issued by the council for a period of division 4, shall not be exempt from the coverage one (1) year and for which the fee shall be of this section in the Legislative Code. It is the two hundred dollars ($200.00). Application intent of this section to require liability insurance for said special license shall be made to the coverage for all licenses issued under this chapter council in the same manner as application without exception. Such insurance coverage shall for other licenses to sell intoxicating liquor comply with the requirements of Minnesota Stat- are made. utes, Section 340A.409 and Chapters 7 and 8 of this Legislative Code. (c) No consumption or display when prohibited. (Ord. No. 17796, § 1, 12-13-90) No person shall consume or display or allow con- sumption or display of liquor upon the premises of Sec. 409.07. Hours of sale; Sunday sales, etc. an on-sale licensee at any time when the sale of such liquor is not permitted. (a) Hours of sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until (d) Private Christmas parties. Notwithstand- 8:00 a.m. on Monday. No on-sale shall be made ing any other provision of the Legislative Code, between the hours of 1:00 a.m. and 8:00 a.m. on the license holder of premises having an on-sale any weekday. No off sale shall be made before 8:00 license may once a year during the Christmas sea- a.m. or af�er 8:00 p.m. of any day except off-sale son have a private party at no charge to the guests shall be permitted on Friday and Saturday until after the lawful closing hours; provided, that a 10:00 p.m. No off-sale shall be made on Thanks- written request for said party is submitted to the giving Day or Christmas Day, December 25. If the license inspector thirty (30) days prior to the pra ;,'�, ...':' � sale of liquors is not otherwise prohibited on July posed date of the party; and provided further, that `�� 3, the date preceding Thanksgiving Day or on De- no sales as defined by law of intoxicating liquors Supp. No. 28 2179 § 409.07 LEGISLATIVE CODE - - ' ; `, or nonintoxicating malt liquor shall be made at or tended hours. No alcoholic beverage con- during said party. The inspector shall notify the tainer of any kind, whether empty or chief of police of the date of each proposed party. containing any alcoholic beverage, shall re- (Code 1956, § 308.20; Ord. No. 16815, 7-23-81; main on the bar, tables, counters or any Ord. No. 17037, 6-30-83; Ord. No. 17162, 9-27-84; other place to which a customer has access, Ord. No. 17693, § 2, 11-7-89; Ord. No. 17829, § 1, or at any location in the customer areas of 5-14-91; Ord. No. 17897, § 1, 12-10-91) the establishment, after 1:00 a.m., if the establishment has an extended service li- Sec. 409.07.1. Extended service license. cense. (a) License. Establishments located holding on- (3) Alcohol storage. All alcoholic beverages shall sale licenses issued under this chapter may re- be stored not later than 1:15 a.m. and dur- main open for the sale of food after the hours of ing extended service hours in a cabinet, lock- sale provided in section 409.07 of the Legislative er, or storage area which is locked and se- Code and until 3:00 a.m. if they have first ob- cure, and which shall remain locked at all tained an extended service license. Such license times during extended service hours. shall be a Class III license. Except as provided in �4) Entertainment. Except as provided in sub- subsection (d) below, the notice, hearing and con- section (d) below, no entertainment shall be sent requirements in section 411.04(b) of the Leg- provided during the extended service hours islative Code shall apply to extended service li- �less the applicant first complies with the censes. Applications shall be made on such forms petition and consent requirements of sec- as may be provided by the office of license, inspec- tion 411.04(b) of the Legislative Code. This tions and environmental protection. The fee for is a separate and distinct requirement from such license shall be established by ordinance as that provided for in section 409.07.1(a) provided in section 310.19(b) of the Legislative above, provided that the hearing dates may Code. be combined at the discretion of the coun- (b) Procedures. Notwithstanding any other pro- cil. The provision of entertainment during vision of law, the council may, at any time and any extended service hours shall be in con- with respect to any establishment, condition, deny formity with all the other requirements of or revoke an extended service license in order to law, including Chapter 411 of the Legisla- protect the public peace, welfare and safety, or tive Code. Notwithstanding the foregoing, upon the grounds in section 310.06 of the Legis- no establishment shall provide Class C en- lative Code, but without compliance with the for- tertainment during the hours of extended mal contested case hearing procedures in section service hereunder. 310.05 of the Legislative Code. The licensee or (5) Conditions. The council may further condi- applicant shall be given an opportunity to be heard tion any extended service license issued before the council on such actions. hereunder, which conditions may include, (c) Regulations. The following regulations shall but are not limited to, by reason of this spec- apply to all extended service licenses: ification: (1) Food menu. The establishment shall, as a a. Limitations on the time of the extend- condition of issuance and throughout the ed service hours, and/or the days of the term of such license, provide as a menu item week on which such extended service during such extended hours of service at hours may be held; least four (4) different types of entrees and/ b. R,equirements concerning staffing or se- � or sandwiches and a choice of nonalcoholic curity levels and/or the provision of se- beverages. curity during extended service hours; (2) No alcohol. No alcoholic beverages may be c. Conditions relating to security, light- o$'ered, displayed, sold or consumed by any- ing, noise, litter, parking or traffic con- one in the establishment during such ex- trol; and Supp. No. 28 2180 . . as-�� LICENSES § 409.08 �a d. Other conditions enumerated in sec- censed premises any intoxicating li- tion 310.06(c) of the Legislative Code. quor to any minor; nor shall such Such conditions may be imposed on, re- licensee, agent or employee permit any vised or added to any extended service li- minor to be furnished with or to con- cense at any time, without compliance with sume any such liquor on the licensed the formal contested case hearing proce- premises; nor shall such licensee, agent dures in section 310.05 of the Legislative or employee permit any minor to be de- Code. The licensee or applicant shall be giv- livered any such liquor. en an opportunity to be heard before the b. No minor shall misrepresent his or her council on such conditions. age for the purpose of obtaining intox- icating liquor nor shall he or she enter (d) Downtown business district. Applicants for any premises licensed for the retail sale extended service license located in the downtown of intoxicating liquor for the purpose of business district shall not have to comply with the purchasing or having served or deliv- notice, hearing and consent requirements in sec- ered to him or her for consumption of tion 411.04(b) for either the license itself or the any such intoxicating liquor or beer nor provision of entertainment under an existing en- shall any such person purchase, at- tertainment license during the extended service tem t to urchase, consume, or have hours. Class C entertainment cannot be provided P P during the hours of extended service hereunder. another person purchase for him or her For the purposes of this section, the downtown any intoxicating liquor or beer. business district shall be and include all that por- c. No minor shall induce any person to tion of the City of Saint Paul lying within and �purchase, procure or obtain intoxicat- bounded by the following streets: Beginning at ing liquor for him or her. the intersection of Shepard Road with Chestnut d, proof of age for purposes of consuming, Street, Chestnut Street to PleasantAvenue, Pleas- purchasing or possessing an alcoholic ant Avenue to Kellogg Street, Kellogg Street to beverage, the consumption, sale or pos- Summit Avenue, Summit Avenue to �lenth Street, session of which is regulated by age, Tenth Street to Interstate Freeway 94, Interstate may only be established by a valid driv- Freeway 94 to Lafayette Bridge, Lafayette Bridge er's license or a Minnesota Identifica- to where the bridge crosses over Wamer Road, tion Card issued pursuant to Minnesa Warner Road to Shepard Road, Shepard Road to ta Statutes, Section 171.07, or, in the Chestnut Street. case of a foreign national, liy a valid (C.F. No. 94-1658, § 1, 12-28-94) passport. Sec. 409.08. R.egulations generally. (3) No sale shall be made in any place or in All licensees hereunder are hereby required to p� of a building where such sales are pra observe the following regulations; provided, how- hibited by state law or this chapter. ever that any such regulation which specifically (4) No person under eighteen (18) years of age refers to an on-sale licensee shall not bind an off- may be employed in a place where intoxi- sale licensee, nor shall any regulation which spe- cating liquor is sold for consumption on the cifically refers to an off-sale licensee bind an on- premises, except persons under eighteen sale licensee: (18) years of age may be employed as mu- (1) All sales shall be made in full view of the sicians or in bussing or washing dishes in a public. restaurant or hotel that is licensed to sell intoxicating liquor and may be employed as (2) A"minor," as used herein, is any person vvaiters or waitresses at a restaurant, hotel under the age of twenty-one (21) years. or motel where only wine is sold; provided, �: , a. No licensee, or agent or employee there- that the person under the age of eighteen �� .��i of, shall serve or dispense upon the li- (18) may not serve or sell any wine. �• Supp. No. 28 2180.1 § 409.08 LEGISLATIVE CODE (5) Every licensee is hereby made responsible owns or has the right to control, when such for the conduct of his place of business and property has been leased or otherwise made required to maintain order and sobriety in available to another (hereafter, "rental prop- such place of business. erty"). Each such on-sale licensee shall take (6) No licensee shall keep, possess or operate, reasonable and adequate steps to prevent or permit the keeping, possession or oper- entertainment and other activities on the ation of, on any licensed premises or in any rental property from violating any provi- room adjoining the licensed premises any sion of law including, but not limited to, the slot machine, dice or any gambling device noise regulations in Chapter 293 of the Leg- or apparatus, nor permit any gambling islative Code, and to prevent the conduct of therein (whether or not licensed by the persons present at or leaving the rental state), nor permit the licensed premises or property from causing a nuisance in the any room in the same or in any adjoining community in the immediate area of the building directly or indirectly under his con- rental property. Such steps may include trol to be used as a resort for prostitutes or written lease agreements, conditions in each other disorderly persons, except that pull- lease agreement for the rental property tabs and tip-boards may be sold on licensed which require the provision of security - premises when such activity is licensed by guazds, the limitation of the hours during the state pursuant to Minnesota Statutes, which entertainment may take place, the Chapter 349, and conducted pursuant to termination of entertainment upon the re- regulations contained in this Legislative ceipt of two (2) or more noise complaints by Code. This exception shall not apply to es- the police, and consent for inspection of the tablishments licensed by the city for the rental property by the police or license di- sale of nonintoxicating malt beverages, non- vision at times when the rental property is intoxicating malt beverages and wine, and in use. Notwithstanding such steps, the on- nonintoxicating malt beverages and wine sale licensee shall be subject to adverse ac- as menu items only. tion for entertainment and other activities taking place on the rental property or on Notwithstanding other provisions of this the licensed premises which violate the pro- Legislative Code to the contrary, the coun- vision of any law or ordinance, or which cil may permit an on-sale licensee to permit constitute a nuisance. the holding of a single event, such as a ban- quet, that includes the sale of raffie tickets � The license issued to said licensee shall be as a part of the event activity; provided, posted in a conspicuous place in that por- that such events are separate from the pub- tion of the premises for which the license lic areas of the licensed establishment, not has been issued. open to the general public, and the raffie (9) No person shall remain in or loiter in the conducted by a charitable organization li- parking lot of an on-sale licensee after the censed by the State of Minnesota. lawful closing hour. (7) No dancing wherein the public participates, (10) When a licensee is notified by the police and no dancing, singing or other vaudeville department that a parade will be held with- exhibitions or entertainment shall be per- in one (1) block of the licensee's establish- mitted on the premises of any on-sale lic- ment, all beer and all intoxicating liquor or ensee unless such premises are duly li- liquid of any type sold during the entire censed for entertainment. Each on-sale day of said parade shall be sold only in plas- licensee shall be responsible for all enter- tic or paper containers. In addition, upon tainment of any kind that is provided on receiving such notice, the licensee shall the licensed premises, and by others on place a person at each entrance and each property in the same building as the li- exit of the establishment at least one (1) , censed premises which the on-sale licensee hour prior to the time of parade, and the .; ` Supp. No. 28 2180.2 . . as-ti�� LICENSES § 409.085 �� licensee shall require a person to remain at provision shall not apply to any religious those locations until one (1) hour after the corporation, association or society with re- parade, to ensure that patrons do not enter spect to membership or access based on re- or exit with beer or intoxicating liquor. ligion, where religion is a bona fide quali- fication for membership or access. A (11) When an existing building is converted to �olation of the foregoing shall constitute on-sale intoxicating liquor purposes, e�ust- S�cient grounds for adverse action against ing off-street parking facilities which serve the license or license application, including the building shall be provided with a visual revocation or denial of the license. screen where the parking facility adjoins or (Code 1956, § 308.23(1�(10); Ord. No. 17015, abuts across an alley any residential use or 4-28-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, residential zoning district. The screen shall 10-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. be between four and one-half (4�/z) and six 17368, § 1, 6-24-86; Ord. No. 17436, § 1, 2-24-87; and one-half (6'/2) feet in height and of suf- Ord. No. 17460, § 1, 5-28-87; Ord. No. 17473, §§ 1, ficient density to visually separate the park- 2� 7_7_87� Ord. No. 17657, §§ 8, 12, 6-8-89; Ord. ing facility from the adjacent residential use No. 17676, § 3, 8-24-89; Ord. No. 17705, § 2, 1-16- district. The screen may consist of various 90; Ord. No. 17901, § 9, 1-14-92; C.F. No. 93-1324, fence materials, earth berms, plant mate- § 1, 11-23-93) � rials or a combination thereof. Access by patrons to the parking facility from an ad- Sec. 409.085. Safety in on-sale establish- jacent alley should generally be prohibited. ments. (12) No person shall give, sell, procure or pur- chase intoxicating liquor to or for any per- T�g section applies to on-sale licenses for the son to whom the sale of intoxicating liquor sale of intoxicating liquor. is forbidden by law. (a) Notice to chief of police. The liceusee shall, (13) No person shall mix or prepare intoxicating within thirtY (30) days following November 4,1994, liquor for consumption, or consume it, in notify the chief of police in writing if any firearms any public place not licensed in accordance as defined in section 225.01 of the Legislative Code with this Code and the State of Minnesota. are kept on or within the licensed premises. Such notice shall include a description of each firearm (14) No intoxicating liquor shall be sold or con- and the location where it is kept on the licensed sumed on a public highway or in an auta premises. Thereafter, the licensee shall notify the mobile. chief of police if there are any additional firearm (15) Each on-sale licensee shall have the respon- or firearms, or changes in the location, number or sibility of taking reasonable and adequate description of each such firearm listed in the first steps to prevent persons from leaving the notice, kept on or within the licensed premises, licensed premises with a bottle, can or glass within five (5) days following any such change. containing any alcoholic beverage, and the The licensee is responsible for ensuring that the failure to do so may subject such licensee to notification given to the chief is updated and ac- adverse action against his or her license. curate with respect to any changes in kind, num- ber or location of firearms kept on or within the (16) No person, group or association applying licensed premises. for or holding a license under this chapter shall restrict membership in its club or or- (b) �aining. The licensee shall, with respect to ganization, or restrict access to the licensed all employees who (1) are authorized to use a fire- premises or any facilities of such person, arm on the licensed premises and (2) who are not group or association, on the basis of race, prohibited by law from using such firearm, pro- creed, religion, sex, national origin or an- vide training in firearms safety and the lawful use cestry, age, disability, marital status or sta- of deadly force, as well as in procedures for main- �" tus with respect to public assistance. This taining order and peace on the licensed premises e` �,, Supp. No. 28 2180.3 § 409.085 LEGISLATIVE CODE - = �� by methods other than use of firearms and/or dead- d. The displaying of the pubic hair, anus, ly force. The training required by this subsection vulva, genitals or female breast below shall be acceptable to the chief of police and pro- the top of the areola. vided for all existing employees within ninety (90) �g� � permit any person to use artificial de- days following November 4, 1994, and for future vices or inanimate objects to depict any of employees within sixty (60) days following their the prohibited activities described above. employment. (C.F. No. 94-859, § 2, 10-5-94) (7) To Permit any person to remain in or upon the licensed premises who exposes to pub- lic view any portion of his or her genitals or Sec. 409.09. Certain sesual conduct prohib- anus. ited. (8) To permit the showing of film, still pictures, electronic reproduction or other visual re- The following acts or conduct on licensed prem- productions depicting: ises are unlawful and shall be punished as pro- a. Acts or simulated acts of sexual inter- vided by section 1.05 of the Saint Paul Legislative course, masturbation, sodomy, bestial- Code: ity, oral copulation, flagellation or any � (1) To employ or use any person in the sale or se�al act which is prohibited by law. service of alcoholic beverages in or upon the b � person being touched, caressed or licensed premises while such person is un- fondled on the breast, buttocks, anus clothed or in such attire, costume or cloth- or genitals. ing as to expose to view any portion of the female breast below the top of the areola or c. Scenes wherein a person displays the of any portion of the pubic hair, anus, cleft �va or the anus or the genitals. of the buttocks, vulva or genitals. d. Scenes wherein artificial devices or in- animate objects are employed to de- (2) To employ or use the services of any hostess pict, or drawings are employed to por- while such hostess is unclothed or in such tray, any of the prohibited activities attire, costume or clothing as described in described above. subparagraph (1) above. (Code 1956, § 308.23(11)) (3) Zb encourage or permit any person on the Sec. 409.10. R.estrictions on licenses. licensed premises to touch, caress or fondle �en a reasonable basis is found by the council the breasts, buttocks, anus or genitals of to impose reasonable restrictions upon a license any other person. held under this chapter, the council, upon issuing (4) To permit an,y employee or person to wear a new license or renewing a license or approvi.ng a or use any device or covering exposed to transfer of a license, may impose reasonable con- view which simulates the breast, genitals, ditions and restrictiona pertaining to the manner anus, pubic hair or any portion thereof. and circumstances in which the business shall be (5) Zb permit any person to perform acts of or conducted to preserve the public peace and pro- acts which simulate: tect and promote good order and security. These reasonable conditions or restrictions may pertain a. With or upon another person sexual in- to: tercourse, sodomy, oral copulation, flag- �1) A limitation as to the hours when intoxi- ellation or any sexual act which is pro- cating liquor may be sold and/or consumed hibited by law. on the licensed premises; b. Masturbation or bestiality. (2) A limitation and restriction as to the exact c. With or upon another person the touch- location within a building where intoxicat- ing, caressing or fondling on the but- ing liquor will be served and/or sold and/or tocks, anus, genitals or female breast. consumed; .� Supp. No. 28 2180.4 . . °�`1�� LICENSES $ 409.11 }`,' � :° * (3) Alimitation and restriction as to the means (2) No licensee shall receive more than twelve of ingress to or egress from the licensed es- (12) such service extensions in any calen- tablishment; dar year; (4) A requirement that certain o$=street park- (3) The temporary extended service area can ing facilities be provided; be either indoors or outdoors, but must be immediately adjacent to the licensed prem- (5) A condition that the license will be in effect ises; only so long as the establishment remains a drugstore, restaurant or hotel as defined (4) All business operations on or in the tempa by the state liquor act or regulations adopt- rary extended service area shall be in com- ed pursuant thereto; pliance with all other requirements of state law and of this chapter, and in particulaz (6) Alimitation and restriction as to the means shall comply with the requirements of the and methods of advertising the sale of in- Chapter 293 of this Legislative Code relat- toxicating liquor on the building and/or on �g to noise; the premises adjacent thereto; (5) The temporary extended service area, if out- (7) Reasonable conditions limiting the opera- doors, shall be enclosed by a vertical fence tion of the licensed premises so as to ensure or partition at least four (4) feet in height that the licensed business will comport with which allows control of access to and from the character of the district in which it is the liquor service and consumption area; located and/or to the end that nuisances � � licensee shall present with his or her will be prevented. application for permission for a temporary (Code 1956, § 308.11(b)) extension either the written consent or non- objection of the citizens' district council Sec. 409.11. �ansfer of license; change in service area. (a) No license granted hereunder shall be trans- ferable from person to person or from place to place (including changes in licensed areas) with- out the consent of the city council, which consent shall be evidenced by resolution passed by the city council. 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 in- spector or his or her designee may waive this lim- itation and allow a temporary extension of the liquor service azea subject to the following criteria herein established by the city council. Failure to make a waiver and/or allow such a temporary ex- tension is not adverse action and does not require notice and hearing in the event of denial or inac- tion: (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; Supp. No. 28 2180.5 _- �:::�. � :1 � � a5-�►�b f -��. LICENSES § 409.11 � -�. whose geographical area encompasses the to such corporation under the authority of this licensed premises, or a petition containing chapter. a statement in writing with the signatures of sixty (60) percent or more of the owners Such corporate officers shall also notify the city and occupants of private residences, dwell- council whenever any change is made in the of- ings and apartment houses located within �cers of any such corporation, and the failure to two hundred (200) feet of such premises so notify the council shall likewise be sufficient stating that they have no objection to the cause for revocation of any liquor license granted granting of such temporary extension of ser- to such corporation. vice area. If such consent or nonobjection is Notwithstanding the provisions of this section, refused or if such petition fails, the city publicly owned corporations whose stock is traded council may by resolution authorize the on the open market may comply with the require- temporary extension of the service area; ments pertaining to stock ownership and stock (7) The licensee shall notify, at least ten (10) transfer by furnishing the council with the names days in advance of the date of the proposed �d addresses of all stockholders of record upon temporary extension, all owners and occu- each renewal of the license. pants who own property or reside within p� application for the transfer of such a license three hundred (300) feet of the property line shall be made by the transferee upon forms fur• within which the licensed establishment is nished by the division of license and permit ad- located of the proposed temporary exten- ministration of the department of �nance and sion of liquor service. Such notice shall be management services. Prior to the city council's typewritten and include the location, date consideration of said application, the application and time of the proposed extension of li- shall be read by the city clerk at the next regular quor service. The notice shall spec�cally meeting of the city council. state: "If any person has comments about this proposed temporary extension of li- The council's committee designated to hear li- quor service, they are encouraged to tele- cense matters shall then schedule a date for public phone the mayor and Council Information hearing upon said application for transfer or and Complaint Office."; and change in licensed area. At least forty-five (45) (8) The licensee shall be required to apply for days before a public hearing on a transfer or each such temporary extension in such form change in licensed area, the department shall no- as the license inspector may require, and tify by mail all owners and occupants who own the fee for each such application, whether Property or reside within three hundred fifty (350) granted or not, shall be fifty dollars ($50.00). feet of the establishment to which the license is to be transferred or area changed, and all commu- The transfer of stock in any corporate license nity organizations that have previously registered shall be deemed a transfer within the meaning of With said department to be noti�ed of any such this section, and no such transfer of stock shall be application, of the time, place and the purpose of made without the consent of the city council. such hearing, said three hundred ffty (350) feet being calculated and computed as the distance It is hereby made the duty of the officers of any measured in a straight line from the property line corporation holding a license issued under the au- of the building where intoxicating liquor is sold, thority of this chapter to notify the city council of consumed or kept for sale to the property line any proposed sale or transfer of any stock in such owned, leased or under the control of the resident. corporation, and no such sale or transfer of stock Prior to the hearing date, said department shall shall be effective without the consent of the council submit to the council's committee designated to given in the manner above set forth. The transfer hear license matters a list of the names and ad- • of any stock without the knowledge and consent dresses of each person or organization to whom of the city council shall be deemed sufficient cause notice was sent, and certification of such list by for revocation by the council of any license granted the department shall be conclusive evidence of '� Supp. No. 19 2181 § 409.11 LEGISLATIVE CODE � such notice. A transfer or change in licensed area (3) The on-sale licensed business of the trans- under this section only becomes effective upon feror has for the six (6) months preceding compliance with this section and consent of the approval of the transfer discontinued its op- council by resolution. The failure to give mailed eration or closed for any reason. notice to owners or occupants residing within three hundred �fty (350) feet, or to community organi- From and after January 1, 1990, no on-sale li- zations, or defects in the notice, shall not invali- cense shall be transferable from person to person. date the transfer provided a bona fide attempt to (c) Notwithstanding any other provision in the comply with this section has been made. A bona Saint Paul Legislative code, an on-sale license may �de attempt is evidenced by a notice addressed to be transferable from place to place within one li- "owner" and to "occupant" of the listed address. quor patrol limit as de�ned in Section 17.07 of the Only one notice need be mailed to each house or City Charter, and from such liquor patrol limit to each rental unit within a multiple-family dwelling any location in a commercial development dis- regardless of the number of occupants. trict, also as defined in said section of the Charter, The notification requirements of this section so long as the transfer and new location meet all shall not be applicable where the license is to be the requirements of law, ordinance, Code or transferred to a place located within the down- Charter. An on-sale license may be transferable . town business district. For purposes of this sec- from place to place into a liquor patrol limit sub- tion, downtown business district shall include all Ject to all the restrictions and requirements of Sec- that portion of the City of Saint Paul lying within tion 17.07.2 of the City Charter. and bounded by the following streets: Beginning (d) Notwithstanding the foregoing, no licensee at the intersection of Shepard Road with Chestnut shall be allowed to change the location of the li- Street, Chestnut Street to Pleasant Avenue, censed premises for on-sale intoxicating liquor Pleasant Avenue to Kellogg Street, Kellogg Street (place to place transfer) to any location within a to Summit Av.enue, Summit Avenue to Tenth one-half-mile radius of which there already are Street, Tenth Street to Interstate Freeway 94, In- four (4) or more premises licensed for the sale and terstate Freeway 94 to Lafayette Bridge, Lafay- consumption of intoxicating liquor on the pre- ette Bridge to where the bridge crosses over mises, unless his or her previous location is within Warner Road, Warner Road to Shepard Road, one-half mile of the new location and the previous Shepard Road to Chestnut Street. � location was acquired or condemned by a body (b) Notwithstanding any other provision in the having the power of eminent domain, or the pre- vious location was destroyed or made unusable by Saint Paul Legislative Code, no on-sale license fire or natural disaster, or the lease for the pre- shall be transferable from person to person; pro- vious location expired and the landlord was un- vided, however, that until December 31,1989, such � to renew it. This paragraph does not apply license may be transferred from person to person if the proposed new location lies within a desig- if the following requirements are met: nated commercial development district. (1) The consideration for the transfer, whether �e) A license issued under this chapter is a priv- e�ressed as payment for the license or for ilege accorded to the licensee to engage in all the the trans£eror's consent to the transfer, lawful activities permitted thereunder and is nei- shall not exceed the license redemption ther property nor a property right. Such license value under Section 409.19 at the time the may not be leased, assigned, pledged, mortgaged transfer is approved; or liened. An agreement providing for manage- (2) The transferee may operate said on-sale li- ment of the licensed business or premises (or any cense for the twenty-four-month period next part thereo� shall be reduced to writing, executed following the approval of the transfer only by. the parties thereto and filed within ten (10) in a commercial development district as de- days after its execution in the office of the in- fined in Section 17.07 of the City Charter; spector. Failure to reduce a management agree- and � • • .ment to writing, and failure to �le the same with ` �iJ' Supp. No. 19 � 2182 . - - qs-�t�g ��•'� LICENSES § 409.15 the inspector as required above, shall each consti- Sec. 409.14. Owner's responsibility. tute separate grounds for adverse action. The lic- ensee notwithstanding a management agreement (a) Any act by any clerk, barkeeper, agent, ser- remains fully responsible for the licensed busi- vant or employee of any licensee hereunder, in ness and/or premises, as well as the conduct of all violation of this chapter, shall be deemed the act employees, managers and agents in accordance of the employer and licensee of such place as well with Sections 310.17 and 409.14 of the Code. as that of such clerk, barkeeper, agent, servant or employee, and every such employer and licensee (fl Notwithstanding any other provision of law shall be liable to all the penalties provided for the to the contrary, the addition of one or more family violation of same equally with the clerk, bar- members as defined in Section 409.05(k) of the keeper, agent, servant, or employee. Legislative Code as partners, o�cers or share- (}�) � sale of intoxicating liquor by a clerk, holders in a partnership or corporation holding a b�keeper, agent, servant or employee made in or license under this chapter shall not be deemed to from any place duly licensed to sell nonintoxi- be a transfer of the license or to require the sub- cating malt liquor but not duly licensed to sell mission of an original application for a license so intoxicating liquor shall be deemed the act of the long as all the additional family members comply employer and licensee, as well as that of the person with the provisions of Section 409.05(k). actually making the sale, and every such em- (Code 1956, § 308.16; Ord. No. 17172, 10-23-84; ployer and licensee of such place shall be liable to Ord. No. 17173, 10-23-84; Ord. No. 17177, 10- all the penalties provided in this chapter for such 23-84; Ord. No. 17551, § 5, 4-19-88; Ord. No.17657, sale, equally with the person actually making the § 16, 6-8-89; Ord. No. 17918, § 2, 3-31-92; C.F. No. sale. 92-852, § 1, 7-9-92) (Code 1956, §§ 308.24, 308.25) Sec. 409.12. Revocation; suspension; fine. Sec. 409.15. On-sale wine licenses. (a) Def nitions. The following definitions shall Any license or permit under this chapter may apply to this section: be either suspended for up to sixty (60) days or -. revoked or a civil fine imposed not to exceed two (1) Restaurant shall mean an establishment thousand dollars ($2,000.00) for each violation on under the control of a single proprietor or a finding by the council that the license or permit manager, having appropriate facilities for holder has failed to comply with an applicable serving meals and for seating not fewer statute, rule or ordinance relating to alcoholic bev- than twenty-five (25) guests at one time and erages. No suspension, revocation or fine shall take where, in consideration of payment therefor, effect until the license or permit holder has been meals are regularly served at tables to the afforded an opportunity for a hearing under Sec- general public, and which employs an ade- tion 310.05 of this Code. quate staff to provide the usual and suit- (Code 1956, § 308.14; Ord. No. 17522, § 1, 12- able service to its guests. 24-87; Ord. No.17551, § 6, 4-19-88; Ord. No.17574, (2) On-sale wine license shall mean a license § 1, 7-12-88) authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only Sec. 409.13. Inspector's duties. in conjunction with the sale of food. It is hereby made the duty of the inspector to (b) Issuance of license; fee; conditions. On-sale see that no applicant for any license hereunder wine .licenses may be issued, subject to the� ap- begins to operate such business until the license proval of the liquor control commissioner, to the � has actually been issued to such applicant so to do proprietor of any restaurant as de�ned in-this sec- �� by the inspector. tion and without regard to Section 409.03.limita- �`� (Code 1956, § 30821) tions. The license fee shall be eight hundred Supp. No. 19 2183 , :;: ; : § 409.15 LEGISLATIVE CODE - r � = ; seventy-five dollars ($875.00) payable in two (2) equal amounts, the first to be paid before the li- cense is issued or renewed, the second payment to be made within six (6) months from the date of issuance or renewal. Where a transfer of a license is approved by the council, the fee to be charged shall be the prescribed annual fee less a credit given for each month or portion of a month re- maining of the original term. The licenses shall be valid on all days of the week consistent with the hours of sale provided in Section 409.07(a). All other provisions of this chapter shall be appli- cable to such licenses and licensees unless incon- sistent herewith. (c) Public hearing; notices. No new on-sale wine license shall be issued, nor any existing license transferred from place to place, until the council ' shall have first held a public hearing on the ap- plication. The notification requirements appli- cable to transfers or change in licensed areas in Section 409.11 shall be applicable to the issuance of new on-sale wine licenses or transfers from place to place. (d) On-sale malt beverages. A holder of an on- sale wine license issued pursuant to this section who is also licensed to sell on-sale nonintoxicating malt liquor and whose gross receipts are at least sixty (60) percent attributable to the sale of food may be permitted by the city council to also sell intoxicating malt liquors at on-sale in conjunction with the sale of food without having to pay any additional license fee. Such authorization, if ap- proved by the council, shall be noted upon the • licenses issued by the inspector. This provision is enacted pursuant to authority granted by Minne- sota Statutes, Section 340A.404(5). (Code 1956, § 308.27; Ord. No.16912, 4-22-82; Ord. No.17247, § 2, 6-6-85; Ord. No.17328, § 3,1-23-86; Ord. No. 17491, § 1, 9-16-87) Sec. 409.16. Issuance of new licenses. (a) Applicability. This section applies only to the issuance of new licenses and to the reissuance of licenses under this chapter which have reverted to the City of Saint Paul for any reason, including revocation, the death of the licensee, or lapse of the license by failure to renew. This sectian is not applicable to renewals or transfers of licenses. ' 3upp. No. 19 2184 , - � �� "'; •: � LICENSES 3 409.16 �. (b) Special issuance eaccise tax—Off-sale tomarily placed on transfers between pri- (1) The council shall condition the issuance or vate parties, rather than to confer it upon re-issuance (hereafter, "issuance") of a li- one licensee as a windfall benefit. cense under this section upon payment of (c) Special issuance tax—On-sale. the special issuance tax in addition to all other requirements of this chapter and this (1) Notwithstanding any other provision of law section. or ordinance, the council shall condition the issuance or reissuance (hereafter, "is- (2) The special issuance tax shall be an amount suance") of an on-sale license under this equal to the fair market value of the li- section upon payment of a special issuance cense as defined in subparagraph (3) of this tax determined in accordance with this sub- subdivision. division, in addition to all other require- (3) A license issued under this chapter and ments of this chapter and this section. The this section is a privilege accorded to the proceeds of such tax shall be used for the licensee to engage in the activities permit- redemption of licenses under Section 409.19. ted thereunder, and is neither property nor The terms "issuance or reissuance," as used a property right. The phrase "fair market in this subdivision, do not include the issu- value," therefore, means, for the purpose ance of an on-sale license as an absolute of this section, the pecuniary value custom- first priority under paragraph (e) of this arily placed upon the consent of a license section, and no such tax will be imposed holder to the transfer of his license by the thereon. parties to such a transfer as authorized by (2) The special issuance tax shall be an amount this chapter and Section 310.11. The value determined by the following schedule: of such a consent necessarily does not in- clude real property, fixtures, equipment, a. From August 1, 1984 through January inventory, good will or any other assets. 31, 1986—$40,000.00; b. From February 1, 1986 through Janu- (4) Such fair market value, as defined in sub- ary 31, 1987—$36,000.00; paragraph (3), shall be determined by mo- c. From February 1, 1987 through Janu- tion agreed to by a majority of the mem- ary 31, 1988—$32,000.00; bers of the council after the council's d. From February 1, 1988 through Janu- committee designated to hear license mat- ary 31, 1989—$28,000.00; ters takes testimony at a public hearing e. �om February 1, 1989 through Decem- held before the receipt of any application. ber 31, 1989—$24,000.00. Such value may be established by testimony (3) An on-sale license is a privilege accorded to of the inspector regarding recent license the licensee to engage in the activities per- transfers, and shall be the value as rea- mitted thereby, and is neither property nor sonably may be determined on or about the a property right. Such privilege is not im- time of issuance of such license under this pliedly altered by the city's discretionary section. The council's committee designated option to pay a redemption value for out- to hear license matters may also hear any standing licenses or by the payment of a other relevant evidence. Notice of such pub- special issuance tax. Such provisions have lic hearing shall be published once in a been adopted by the city council in order to newspaper of general circulation in the city � into aocount the private pecuniary value not less than ten (10) days prior to such customarily placed on the consent of a li- hearing. cense holder to the transfer of a license by (5) It is the intent of the council in adopting the private parties to that transaction, said this section to gain for the citizens of the transfers now being prohibited by law. `=:� City of Saint Paul this value which is cus- Supp. No. 4 2185 � § 409.16 LEGISLATNE CODE : ` �`, (d) Applications: that fact and the grounds for the recom- (1) The council shall, after determining the mendation and provide them with an op- amount of the special issuance tax, by mo- Portunity to be heard before the council's tion instruct the inspector to receive appli- committee designated to hear license mat- cations for the re-issuance of such license, ters before any other action is taken on specifying beginning and ending dates of a such re-issuance. The council shall, after period not to exceed thirty (30) days during such hearing, determine whose applications which such applications will be received. may further be considered despite the ad- verse recommendation made. If the council (2) All applications shall be made on such forms determines that one or more recommenda- and contain such information as the inspec- tions for denial are well-founded, the ap- tor may require and shall be accompanied plications involved shall not be included by an application fee of one hundred dol- for random selection. lars ($100.00). Such application fee is in addition to the proportion of the special (e) Selection—Off-sale. issuance excise tax required by subparagraph (1) Upon receiving the report from the inspec- (4) of this subdivision, and in addition to tor that all the eligible applications have " the annual license fee required by Section been received, inspected and investigated, 409.05. This application fee shall be retained and after hearing having considered and by the city to defray its expenses hereun- determined whose applications may further der whether or not the applicant receives a be considered despite any adverse recom- license. mendation made, the council's committee (3) Each application must meet all the require- designated to hear license matters shall by ments of law and this section, including motion set a date for a public hearing at inspection of the premises sought to be li- Which an applicant is to be chosen by ran- censed by appropriate o�cials of the divi- dom selection. All applicants are to be noti- sion of housing and building code enforce- . �ed in writing of such date. ment, the division of public health, and the (2) At the public hearing, the secretary of the department of fire and safety services. The council's committee designated to hear li- inspector shall refer each application to each cense matters shall place the names of all of the above agencies and to the depart- eligible applicants on separate, equal-sized . ment of police for their inspection and rec- pieces of paper, under the supervision of ommendation, and shall conduct such other the council's committee designated to hear investigation of each applicant as may be license matters. Such pieces of paper shall appropriate. When all inspections have been be placed in an opaque container from which made and recommendations received by the one name shall be drawn at random by a inspector, it shall notify the council. member of the council's committee desig- (4) Each application shall be accompanied by nated to hear license matters as designated the deposit of a sum of money equal to ten by the presid�ng officer of the council's com- (10) percent of the special issuance excise mittee designated to hear license matters. tax in the form of a cashier's check or certi- T�e applicant so selected shall be announced, fied check payable to the "City of Saint and shall be awarded the license, by reso- „ lution, upon payment within forty-eight (48) Paul. hours thereafter of the remaining ninety (5) In the event either the inspector or one of (90) percent of the special issuance excise the agencies reporting on the applications tax. makes a recommendation that no license be issued to one or more applicants, the �3) In the event the applicant so chosen fails to inspector.� shall inform such applicants of Pay the remainder of the special issuance . •, . , Supp. No. 4 �✓ ; - 2186 - . q5-t11$ � LICENSES § 409.16 ,•. • excise tax within forty-eight (48) hours, the ing and serving meals to not less than council's committee designated to hear li- fifty (50) guests at one time, ranked in cense matters shall select another applicant the order of such seating and serving in accordance with the procedures in this capacity from the greatest number down section. to fifty (50); (4) The deposit of ten (10) percent of the spe- d. Applicants for the operation of restau- cial issuance excise tax shall be retained rants or hotels not covered above, ranked by the city until the license is awarded, in the order of capacity for seating and after which time the deposits of the unsuc- sexving meals to guests from the great- cessful applicants shall be refunded. In the est to the lowest seating and serving event any applicant demands and receives capacity; and back his deposit prior to the award of the e. All other applicants, in the order by license, the application shall be deemed to date and time on which their completed have been withdrawn. applications were received by the license inspector. (fl Selection—On-sale. No person whose license was redeemed by (1) Upon receiving the report from the inspec- the city may apply for the issuance of � a tor that all the eligible applications have new on-sale license within one year of such been received, inspected and investigated, redemption. and after hearing having considered and � Nonissuance Nothing contained in this sec- determined whose application may further tion shall obligate the City of Saint Paul, nor be considered despite any adverse recom- imply any obligation, to reissue any licenses which mendation made, the council's committee have reverted to the city. The city council may, designated to hear license matters shall by by resolution, declare that such licenses shall not , motion set a date for a public hearing at be reissued, specifying any length of time deemed which one or more applicants, depending advisable during which no such licenses shall be on the number of licenses to be issued, are re-issued. to be chosen according to the priorities set forth in this subdivision. (h) Council contact prohibited No person may (2) If there are more qual�ed applicants than communicate with any member of the city council on-sale licenses to be issued, applicants shall regarding any application or applicant for issu- be entitled to receive such licenses accord- ance or re-issuance of a license pursuan� to this ing to the following order of priority: section unless such communication is made dur- ing the course of a public hearing before the coun- a. As an absolute first priority, an appli- cil's committee designated to hear license mat- cant who purchases an existing busi- ters held pursuant to this section. ness having an on-sale license with the intent of operating said business at the (i) Neighborhood Betterment Fund A Neighbor- same location for at least one year hood Betterment Fund is hereby established, to thereafter; which ten (10) percent of the proceeds of the spe- b. Applicants for the operation of restau- cial issuance tax are hereby appropriated. Such rants capable of seating and serving fund shall be used to assist the housing and rede- meals to not less than one hundred velopment authority of the City of Saint Paul„ (100) guests at one time, ranked in the Minnesota, in the acquisition, clearance or rede- order of such seating and serving ca- velopment of blighted or deteriorated areas and pacity from the greatest number down structures in neighborhoods having concentrations to one hundred (100); of businesses licensed for the sale and consump- c. Applicants for the operation of hotels tion of intoxicating liquor on the premises, which ='�, having dining rooms capable of seat- acquisition, clearance or redevelopment are hereby � Supp. No. 4 2187 � § 409.16 LEGISLATNE CODE �`~ � . ,.. determined to be for a public purpose. Such pur- and conditions may limit the dispensing of intox- poses and uses of the fund may include the acqui- icating liquor to designated areas of the facility. sition of the real or personal property of existing The department of community services may �x on-sale liquor businesses, and �rmative assis- and assess a fee to be paid to the general fund in tance of financing of minority-owned businesses the case of Town Square Park and to such special seeking or needing on-sale intoxicating liquor fund as may be designated by the director of said licenses. department in the case of Phalen Park Club House (Code 1956, §§ 30828-308.33; Ord. No. 17172, by an on-sale licensee for each event for which 10-23-84; Ord. No.17176,10-23-84; Ord. No. 17551, the licensee is engaged to dispense intoxicating § 7, 4-19-88) liquor. (Ord. 16812, 7-16-81; Ord. No. 17074, 11-17-83) Sec. 409.17. Violation; penalty. Violation of any of the regulations contained in �c. 409.19. License redemption. Sections 409.08 and 409.09 shall be a misdemeanor The city may, at its option and in its sole dis- and shall be punished as provided by Section 1.05 cretion, and only to the extent funds therefor re- of the Saint Paul Legislative Code. ceived from the special issuance tax are avail- . (Code 1956, § 308.23(12)) able, redeem any on-sale license, with the consent • of the licensee, by payment of the redemption Sec. 409.18. Town Square Park; Phalen Park value to said licensee. Such redemption terminates Club House. the license for that license holder, and permits The department of community services may au- the city at its option and in its sole discretion to issue said license in accordance with the require- thorize any holder of an on-sale liquor license ments of law and ordinance. The city may not issued by the city to dispense intoxicating liquor redeem any on-sale license which has been re- at any event of definite duration on the public voked or not renewed for cause. The redemption premises known as Town Square Park and Phalen value shall be an amount determined by the fol- Park Club House. The event may not be profit lowing schedule: making except as a fund raising event for � non- profit organization or a political committee as (a) From August 1, 1984 through January 31, defined in Minnesota Statutes, Section 210A.01, 1986—$70,000.00; Subdivision 8. The licensee must be engaged to �� From February 1, 1986 through January . dispense intoxicating liquor at the event held by 31, 1987—$60,000.00; a person or organization permitted to use the prem- ises and may dispense intoxicating liquor only to (c) From February 1, 1987 through January persons attending the event. A licensee's author- 31, 1988—$50,000.00; ity shall expire upon termination of the contracted �d) From February 1, 1988 through January event. The authority to dispense intoxicating li- 31, 1989—$40,000.00; quor shall be granted in accordance with the stat- utes applicable to the issuance of on-sale licenses (e) From February 1, 1989 through December in cities of the first class consistent with Laws of 31, 1989—$30,000; and Minnesota for 1981, Chapter 335 and Laws 1983, Chapter 259. The dispensing of intoxicating li- �fl �'om and after January 1, 1990, there shall quor shall be subject to all laws and ordinances be no redemption value. governing the dispensing of intoxicating liquor as All on-sale licenses which are revoked or not re- are not inconsistent with Laws, 1981, Chapter newed for cause, or which are not renewed as 335 and Laws 1983, Chapter 259. All dispensing required by Section 409.06(k), may be issued or of intoxicating liquor shall be in accordance with re-issued by the city in accordance with law. the terms and conditions prescribed by the de- (Ord. No. 17172, 10-23-84) partment of community services and those terms �.� � , - � Supp. No. 4 ` 2188 � . as-�� `� LICENSES § 40921 V Sec. 409.20. Commercial development dis- Sec. 409.21. Pull-tabs and tipboards in bars tricts. by qualified charitable nonprofit (a) Commercial development districts, as de- organizations. fined in section 17.07.1 of the City Charter, may (a) Permission of city council; endorsement; ter- be created or expanded by the filing in the office mination: of the city clerk of a written petition therefor set- �1) On-sale licensees may request permission ting forth the boundaries of the expanded district, of the city council to permit qualified char- and containing the written consent of the owners itable organizations to conduct lawful gam- of two-thirds of the several descriptions of real bling in the form of paddlewheels, pull-tabs estate situate within the new or azea of the ex- �d tipboards only on the licensed prem- panded district, together with the written consent ises. Application for permission shall be of the owners of twathirds of the several descrip- made to the license inspector and payment tions of real estate situated within one hundred (100) feet of the new or expanded district, and of the specified fee. If the application is after the affirmative vote in favor thereof by at g'I'anted, the license shall contain an en- least five (5) members of the city council. dorsement specifying this approval and the gambling endorsement may be considered (b) The city council may waive the requirements for renewal at the same time as the council for consent signatures if the city council shall de- may consider renewal of the on-sale license. termine that a hardship exists therefor, and in such case the council may, on its own, initiate the �2) In the event the permission of any chari- process of creating or expanding a commercial de- table nonpro�t organization to conduct velopment district. In such case, the affirmative lawful gambling on the licensed premises vote of at least five (5) members of the city council is terminated by the licensed establishment shall be required to create or expand any such on whose premises the organization was district. conducting said gambling, or in the event such organization terminates its lawful (c) In all such cases, the planning commission gambling as a result of coercion, pressure shall be consulted for advice conceming the pro- or unreasonable or unlawful conduct by the posals for consistency with the city's comprehen- licensee or its employees, the on-sale lic- sive plan and zoning ordinances, and the plan- ensee shall not be able to make application ning commission shall report in writing to the for a gambling endorsement for a new chaz- city council its findings and recommendations. itable nonpro�t organization to take the (d) Upon receipt of the report of the planning place of the former organization until one commission, the council's committee designated (1) year after discontinuance of all gam- to hear license matters shall fix a date for public bling activity on the licensed premises by hearing to consider the petition or proposal to the former organization. create or expand a commercial development dis- (b) Gambling endorsement regulations. Gam- trict and afford an opportunity to all affected per- bling endorsements on on-sale licenses shall be sons to be heard. The city clerk shall cause notice subject to the following regulations which shall of the hearing to be published once in the official be deemed as a part of the license, and failure of newspaper of the city, and mailed notice thereof shall be given by the department of finance and compliance may constitute grounds for adverse management services to all owners of land within 'action as prescribed in the Legislative Code: the new or area of the expanded district. Pub- (1) Only charitable nonprofit organizations li- lished notice and mailed notice shall be made at censed by the State of Minnesota to operate least twenty (20) days in advance of the public paddlewheels, tipboards and pull-tabs may hearing. be allowed to sell paddlewheel tickets, pull- '"'�� '� �. (Ord. No. 17238, § 1, 5-9-85; Ord. No. 17551, § 8, tabs and tipboards on the licensed prem- ��_� 4-19-88) ises. Supp. No. 26 2189 § 409.21 LEGISLATIVE CODE �::`�� erated by the club itself in conformity with (5) Must e�ibit and sell paddlewheel tickets, applicable state and municipal licenses and pull-tabs and tipboards in a method as re- regulations thereunder. quired by the license inspector. (d) Number of establishments restricted. No (6) Shall not commingle game cards. charitable organization, whether a large organi- �7� Shall pay employees in compliance with ap- zation, exempt under state law, licensed by the plicable state and federal law, and any ap- State of Minnesota or issued a gambling permit under any ordinance, shall sell paddlewheel plicable rules and regulations promulgated tickets, pull-tabs and/or tipboards in more than thereunder. three (3) establishments licensed by the City of (8) Shall comply with all provisions of Minne- Saint Paul for the sale of intoxicating liquor in sota Statutes, Chapter 349, and all orders accordance with section 409.22; provided, how- issued by the state board pursuant to sec- ever, that no such organization may operate in a tion 349.172 hereof. second establishment until it has been in full op- �g� Shall register with the state gambling board eration for at least three (3) months in the first �1 equipment and supplies used in a li- establishment, nor operate in a third establish- censed on-sale liquor establishment. ment until it has been in full operation for at least - three (3) months in both the first and second es- (10) Shall post in a conspicuous place rules and tablishments. regulations concerning charitable gambling (Ord. No. 17321, § 3, 12-31-85; Ord. No. 88-500, § as required by the license inspector. 9, 11-17-88; Ord. No. 17657, § 7, 6-8-89; Ord. No. (11) Shall pay to the Youth Program Fund, or to 17713, § 2, 2-8-90; C.F. No. 92-1065, § 1, 10-5-92; one (1) or more eligible recipients on the C.F. No. 94-141, § 1, 3-2-94; C.F. No. 94-745, § 1, list established pursuant to section 409.235, 6-22-94) following the procedures established Cross references—Gambling, Ch. 270; ]awful gambling, Ch. 402; bingo halls, Ch. 403; game rooms, Ch. 406. therein, ten (10) percent of the monthly net profits from each Saint Paul site at which charitable gambling operations are con- Sec. 409.22. Charitable gambling regula- ducted from the sale of paddlewheel tickets, tions. pull-tabs and tipboards. The sale of paddlewheel tickets, pull-tabs and (12) Shall expend, in each calendar year, at least tipboards in on-sale licensed premises shall be con- seventy-five (75) percent or more of its net ducted only by quali�ed and state-licensed chari- proceeds from charitable gambling at Saint table organizations. In addition to satisfying the Paul locations to or for purposes which ben- qualifications set forth in Minnesota Statutes, efit programs or activities occurring in the Chapter 349, the following regulations and qual- Saint Paul trade azea. Fifty-one (51) per- ifications must be complied with by all such char- cent of the net proceeds from charitable itable organizations: gambling at Saint Paul locations must be tl) Must have been in existence for three (3) expended to directly benefit Saint Paul res- idents who participate in such programs or years. activities. The "Saint Paul trade area" is (2) Must file with the license inspector bian- defined as the City of Saint Paul and each nually a list containing the names and ad- city contiguous to Saint Paul. Contribu- dress of all current members. tions to the Saint Paul Youth Fund under (3) Must file financial reports monthly with the sections 409.23 and 409235 of this chapter license inspector. shall be presumed to benefit programs and activities which occur in the Saint Paul (4) May not have a gambling license in more trade area, and shall be presumed to di- than three (3) liquor establishments in the rectly benefit Saint Paul residents who par- . City of Saint Paul, ticipate in such programs or activities. - ;,- ,�;�..� Supp. No. 26 2192 . . qs-��$ �°"'"'-� LICENSES $ 409.23 (13) The charitable organization shall not use a be known as the "Youth Program Fund." The pur- pull-tab or tipboazd which does not return pose of this fund shall be to assist in providing to the players a**+;n;mum percentage of sev- funding for youth programs developed and oper- enty (?0) percent. ated by volunteers associated with youth serving (Ord. No. 17321, § 4, 12-31-85; Ord. No. 17542, § groups and/or organizations providing services to 1, 3-10-88; Ord. No. 88-500, § 4, 11-17-88; Ord. No. Saint Paul youth under the age of twenty (20). All 17652, § 3, 6-1-89; Ord. No. 17678, § 1, 8-29-89; proposal shall be submitted to the Youth Program Ord. No. 12214, § 1, 12-27-90; Ord. No. 17843, § 1, Fund manager. Monies in this fund may be ex- 6-18-91; Ord. No. 17869, § 1, 8-20-91; Ord. No. pended only for such lawful purposes as set forth 17916, § 1, 3-26-92; Ord. No. 17925, § 2, 5-28-92; in Minnesota Statutes, Chapter 349. Organiza- C.F. No. 93-1591, § 1, 11-30-93; C.F. No. 94-745, § tions selling paddlewheel tickets, pull-tabs or tip- 2, 6-22-94) boards in licensed establishments shall be ineli- Crosa reference—Lawful gambling Ch. 402. gible to receive funds from the Youth Program Fund. Sec. 409.225. Posting. (b) Advisory board. The mayor, with the advice (a) Inspector's discretion. The inspector may and consent of the city council shall appoint a issue an order requiring an organization selling city-wide Youth Program F�nd advisory board pull-tabs to post major prizes and the names of whose membership shall consist of one (1) youth major prize winners if he or she has reasonable and one (1) adult representative from each of the grounds to believe that the organization, or a city's council districts as well as four (4) at-large person receiving compensation from the organiza- members to advise the city council on the disburse- tion for participating in the sale of pull-tabs, has ment of these funds. The advisory boazd shall by been or is providing information to a player or resolution adopt rules and regulations governing players that provides an unfair advantage related the administration of the fund, eligible applicants to the potential winnings from pull-tabs. The in- and appropriate uses for the funds, which rules formation posted shall comply with the require- shall, prior to becoming effective, be approved by ments of Minnesota Statutes, Section 349.172, sub- the city council. These rules shall include all the division (2). provisions of this section. (b) Notice. The inspector must notify the orga- (c) Applicant qualifications: nization at least fourteen (14) days before the order �1) Applicants for fundi'ng must be: becomes effective. The notice to the organization must describe the organization's right to a hearing a. Incorporated, nonprofit organizations under the provisions of section 310.05 of this Leg- formed for the purpose serving Saint islative Code. Paul youth, or have an incorporated, (c) Hearing. An organization to which the in- nonprofit organization which provides spector issues an order under this section may Programs for Saint Paul youth as a request a hearing under section 310.05 of this Leg- �scal agent; or islative Code. The request for a hearing shall not b. Community-based nonpro�t corpora- delay the effective date of the order. tions which by their articles or bylaws (C.F. No. 94-745, § 3, 6-22-94) operate solely in speci�c geographic areas of the City of Saint Paul, or booster clubs organized for a recreation � Sec. 409.23. Fund established; administra- center, which provide programs for tion. youth in the communities or neighbor- (a) Youth Program Fund. There is hereby es- hoods which such organizations repre- tablished a special fund for the administration sent. and distribution of the proceeds contributed by Organized clubs, activities and teams of 1 - :_-;;_ ; charitable gambling in on-sale liquor establish- public or private schools will not be eli- �`. V� ments as specified in this chapter. This fund shall gible. Evidence that an organization has Supp. No. 26 2193 § 409.23 LEGISLATIVE CODE - been recognized by the IftS as exempt from (5) Proposed program budget (expenses and in- taxation pursuant to 26 U.S.C. Section 501 come) for the activity. or is using an organization so recognized as a fiscal agent shall be accepted as proof that Financial information must demonstrate it is a nonprofit orgazuzation, but such ev- that the proposed programs to be funded idence is not the exclusive method of estab- will be used for the bene�t of the public in lishing nonprofit status. providing youth programs for youth twenty (2) No organization operating charitable gam- (20) years old and under, at least seventy- bling in the State of Minnesota will be eli- �ve (75) percent of whom are residents of gible to receive funds. the City of Saint Paul. (3) No organization formed, incorporated, op- (6) Evidence that insurance, if needed, can be erated or managed by the mernbers, officers obtained by the organization. or dixectors of any organization operating (e) Standards for awards of funds. or conducting lawful gambling, or subject to requirements for contributions under sec- (1) Funds will be awarded on a three Youth tions 409.22(1) or 402.10 of the Legislative Program Fund dollars to one (1) organiza- Code, will be eligible to receive funds. tion dollar matching basis only. Volunteer - hours may be used toward the match ($10.00 (4) An incorporated, nonprofit organization per hour of volunteer time involved in the formed for the purpose of serving Saint Paul implementation of the proposed program). youth, or which has an incorporated, non- profit organization which provides pro- (2) Proposals will be evaluated on their merits. grams for Saint Paul youth as a fiscal agent, Proposals may be denied if the Youth Pro- can apply for funding from the Youth Pro- gram Fund board determines that other gram Fund in any calendar year in which suitable funding may be available to the it has received funds from any organization organization or for the activity, or that the pursuant to the procedures under section proposal does not meet the requirements of 409.235 of the Legislative Code, but cannot applicable ordinances or the guidelines exceed the limits as set forth in this chapter. adopted by the board. Priority will be given (d) Requirements for ¢pplications for funding. to proposals that: Applicants shall provide program information set- a. Are developed and evaluated with ting forth its stated purpose (goals and objective), youth involvement; number of youth served, area served and reasons b. Are directed toward prevention of why the funds are needed. The submitting orga- youth problems; or nization must provide at the time of application c. Address demonstrable community the following information: needs that cannot be met because of (1) Veri�cation of the nonprofit status of the the lack of financial resources on the fiscal agent and a copy of the articles and P� of institutions or individuals in bylaws of such agent. that community. (2) A list of officers and/or board of directors of �3) Organizations receiving funds shall fiie fi- the organizations(s), and the fiscal agent(s), nancial reports with the city showing how if any, involve in the project. A list of indi- the funds were expended and for what pur- viduals (staff and volunteers) responsible pose. No additional grants will be made for the proposed program. until the organization has �led such re- ports of previous expenditures. (3) Letter verifying approval of the application by the board of the fiscal agent. ' (4) Funds will be granted for new and ongoing activities of any eligible organization which (4) Previous year's program budget and finan- will operate or :has operated with signifi- . cial statement (if applicable). cant community volunteer involvement; aa �� ,��. Supp. No. 26 2194 - q5'-n�� . �"'�„ i LICENSES $ 409.235 tivities of eligible organizations that have tournament in the city or state; provided, been operating youth programs for less than that travel expenses shall not be paid for �ve (5) years; or ongoing activities which any invitational tournament, qualifying might not be offered because of substantial tournament or other tournament. The term loss of other funding or because of substan- "championship tournament" means that tial increases in major program costs. such tournament is sanctioned as such by (5) Programa will be limited to eight thousand the governing body of that sport or activity. dollars ($8,000.00) in grants each year. Or- Funds may also be expended for reasonable ganized athletic programs, regardless of bus rental for same-day trips for special events or activities. sport, based at or primarily using the facil- ities or equipment of a particular recre- (2) No part of the funds deposited in the Youth ational facility may be considered one (1) Program Fund shall be used for any part of program at that facility. In addition to the the costs of administration or regulation of foregoing, an eligible ora ni�ation may be such fund. allowed to receive an additional six thou- (Ord. No. 17321, § 5, 12-31-85; Ord. No. 17613, § sand dollars ($6,000.00) of grants from the 6, 11-17-88; Ord. No. 17925, § 1, 5-28-92; C.F. No. Youth Program Fund each year if the or- 94-745, § 4, 6-22-94) - ganization is located with, or primarily served youth located in, a Community De- velopment Block Grant-eligible area or the Sec. 409.235. Contributions to eligible recip- organization can demonstrate that a ma- ients. jority of the youth directly benefitted by (a) Advisory board. The board shall be the the program come from families whose in- Youth Program Fund Advisory Board established come is below the income standards which pursuant to section 409.23 above. are used to measure Community Develop- ment Block Grant area eligibility. (b) Eligible recipients list established. There is hereby established a list of recipients eligible for (6) Funds should be received by the grantee distribution of proceeds contributed by charitable organization within thirty (30) days after gambling in on-sale liquor establishments as spec- the approval of the city council, so long as ified in this chapter, and in private clubs and other such organization has complied with all places as provided in section 402.10 of these chap- lawful requirements and the city and such ters. The list of eligible recipients shall. be pro- organization have previously executed a mulgated annually by resolution by the city . contract with respect to such funds. council upon the advice and report of the board. (fl Limitations on use of funds: Such list may be amended from time to time by the city council to add or delete recipients. Such (1) �nds may not be used for capital eicpenses, list shall be maintained for public inspection in except as may be provided in administra- the office of the city clerk, and shall be mailed tive rules adopted by the advisory board quarterly to all organizations conducting chari- permitting use of funds for purchase or table gambling within the City of Saint Paul by maintenance of capital goods other� than the Youth Program �nd manager. real property, nor for salaries or travel ex- (c) Applicant qualifications for inclusion on list. penses, but may be expended for an indi- Applicants shall be required to apply annually vidual or team representing the city or state and shall meet the following requirements in order in the state or national championship tour- nament in that sport or activity or from the to �e included on the list: city where such individual or team has qual- (1) Applicants for inclusion on the list must be ified for the state or national championship incorporated, nonprofit organizations -. tournament in that sport or activity by com- formed solely for the purpose of serving `�� peting in and winning the championship or Saint Paul youth, or having an incorpo- Supp. No. 26 2194.1 , § 409.235 LEGISLATIVE CODE � .. rated, nonpro�t organization, which pro- tion's funding is used for the bene�t of the vides programs for Saint Paul youth, as a public in providing youth programs for fiscal agent. Booster clubs, which provide youth twenty (20) and under, at least programs for youth, organized for a recre- seventy-�ve (75) percent of whom are resi- ation center will be eligible, but organized dents of the city. clubs, activities and teams of public or pri- vate schools, will not be eligible. Evidence (3) No organization operating charitable gam- that an organization has been recogriized bling in the State of Minnesota will be eli- by the IRS as exempt from taxation pur- gible for inclusion on the list. suant to 26 U.S.C. Section 501 or is using (4) An organization formed, incorporated, op- an organization so recognized as a fiscal erated or managed by the members, officers agent shall be accepted as proof that it is a or directors of any organization operating nonprofit organization, but such evidence or conducting lawful gambling, or subject is not the exclusive method of establishing to the requirements for contributions under nonprofit status. sections 409.22(1) or 402.10 of the Legisla- (2) No other organization shall be eligible for tive Code, or the ten (10) percent contribu- inclusion on the list. tion requirement in this section, shall not . be an eligible recipient. (d) Requirements for applications for inclusion on the list: (5) An eligible recipient, as a condition to con- (1) Each applicant for inclusion on the list shall tinuation on the list, may not engage in or provide information setting forth its stated operate charitable gambling nor use any contributions received as a result of its purpose, number of participants served, status as an eligible recipient for anything area served and the reasons why funds are other than a lawful purpose. Each recipient needed. as a condition of receipt of contributions (2) The submitting organization must provide must execute the verified receipt and rep- at the time of application: resentations required above. a. Verification of nonprofit status and (e) Contributions required. Organizations con- copy of organizational bylaws. ducting charitable gambling within the City of b. List of current officers or directors. Saint Paul shall, to meet requirements imposed c. Letter verifying organization's ap- by law, including, but not limited to, sections proval of the proposal and, where nec- 402.10 and 409.22(14) of the Saint Paul Legisla- essary, letter verifying approval of the tive Code, give ten (10) percent as required therein application and proposal by the board to one (1) or more eligible recipients on the list of the fiscal agent. promulgated by the city council or to the Youth d. Previous year's budget and financial program Fund established under section 409.23. statement. All such contributions must go only to eligible e. Current balance sheet and income recipients on the list provided above. An organi- statement, if applicable. zation cannot contribute to any recipient not fur- f. Proposed budget (expenses and income) nishing the verified receipt as provided. for the activity. g. Evidence that insurance, if needed, can (fl �davit. Each eligible recipient shall annu- be obtained by the organization. ally, during the month of January, file an affi- h. Area served, number of participants davit with the Youth Program Fund manager, in served, and reasons why funds are which each officer of the recipient shall state that needed. the contributions which it received during the pre- vious calendar year have been expended for a The �nancial information must demon- lawful purpose and state the purpose, that all pre- strate that the majority of the organiza- vious contributions, if any, have been expended �- Supp. No. 26 2194.2 �s-�� LICENSES § 409.24 for lawful purposes, that the calendar-year total (i) Alternate compliance. Notwithstanding any of contributions received as a result of its status provision of law to the contrary, any organization as an eligible recipient does not exceed the allow- conducting charitable gambling within the City of able amount under the ordinance, that it does not Saint Paul may satisfy its obligations under para- operate any gambling activities, and that no such graph (e) above and sections 402.10 and 40922(14) contribution or any previous contribution will be of the Code to give ten (10) percent of its net prof- or has been used for capital expenses, salaries or its to eligible recipients by, in lieu thereof, con- travel expenses except as may be allowed herein. tributing such ten (10) percent to the Youth Pro- gram Fund established under section 409.23 of (g) Limitations on award and use of funds. the Code. Funds may not be used for capital expenses, ex- (Ord. No. 17652, § 4, 6-1-89; Ord. No. 17925, § 4, cept as may be provided in administrative rules 5-28-92) adopted by the advisory board permitting use of funds for purchase or maintenance of capital goods Sec. 409.24. Gambling managers. other than real property, nor for salaries or travel expenses, but may be expended for an individual No person shall be a manager of any charitable or team representing the city or state in the state organization selling paddlewheel tickets, pull- or national championship tournament in that sport tabs and tipboards in on-sale liquor establish- or activity, or from the city where such individual ments unless licensed by the city as provided here- or team has qualified for the state or national � and compliance with the following requirements: championship toumament in that sport or activ- ity by competing in and winning the champion- (1) Application for gambling manager license ship of a tournament in the city or state; provided, shall be made at the office of license inspec- that travel expenses shall not be paid for any in- tor on forms provided by said office. The vitational tournament, qualifying tournament or annual license fee shall be established pur- other tournament. The term "championship tour- suant to section 310.09(b) and published in nament" means that such tournament is sanc- section 310.18 of the Legislative Code. tioned as such by the governing body of that sport �2� Gambling managers shall meet all the re- or activity. Funds may also be e�ended for rea- quirements of Minnesota Statutes, Chap- sonable bus rental for same-day trips for special ter 349, and must file proof that a ten thou- events or activities. sand dollar ($10,000.00) fidelity bond has (h) Contribution of checks through the license been provided. division. Notwithstanding any other provision of (3) Reserved. law to the contrary, an organization conducting �4) Gambling managers shall be compensated charitable gambling shall make its contribution in compliance with applicable state and fed- to an eligible recipient on the list by sending its eral law, and applicable rules and regula- check for the amount to the license inspector. The tions promulgated thereunder. license inspector shall verify that the intended eligible recipient has complied with all require- (5) All gambling managers must successfully ments of this chapter and that the proposed con- complete a training program established by tribution will not exceed the allowable limits, nor the state, which training program shall in- be in excess of eight thousand dollars ($8,000.00) clude state charitable gambling laws, city for that calendar year (as modified by the provi- charitable gambling ordinances, account- sions of subparagraph (ex5) of section 409.23 above ing procedures, record keeping and report- concerning organizations in certain eligible areas ing procedures and methods. or making certain demonstrations). If all require- (Ord. No. 17321, § 6, 12-31-85; Ord. No. 17666, § ments of law have been satisfied, the license in- 1, 7-13-89; Ord. No. 17678, § 2, 8-29-89; C.F. No. . spector shall forward such contribution to the in- 93-1591, § 2, 11-30-93; C.F. Na 94-745, § 5, 6-22- �i � tended eligible recipient by mail. 94) � -_ Supp. No. 28 2194:3 § 409.25 LEGISLATIVE CODE 4 . Sec. 409.25. Temporary wine and liquor li- (3) Consent of the owner or manager of the censes. premises or person or group with lawful re- (a) �ne licenses. Notwithstanding any other sponsibility for the premises. provision of this chapter, a club or charitable, re- (4) Evidence that the manager or director has ligious or other nonprofit organization in exist- received alcohol awareness training provid- ence for at least three (3) years, or a political com- ed by a bona fide instructor or the city. mittee registered under Minnesota Statutes, (d) Application of other provisions of this chap- Section 10A.14, may obtain an on-sale license to �r. No other provisions of this chapter shall apply sell wine and strong beer not exceeding fourteen to licenses granted under this section, escept sec- (14) percent alcohol by volume for consumption on �ons 409.06, 409.07, 409.08 (except clauses (11) the licensed premises only. The fee for such li- �d (12)), and sections 409.09 through 409.14. cense shall be established by ordinance as provid- ed in section 310.09(b) of the Legislative Code, (e) Class II license. Notwithstanding any other and licenses shall be issued for periods not to eg- provision of law to the contrary, the temporary ceed three (3) consecutive days. No organization wine and liquor licenses provided in this section or political committee shall be granted more than shall be administered as a Class II license and three (3) licenses within a twelve-month period. subject to the provisions of these chapters govern- . No more than three (3) such licenses may be grant- ing Class II licenses. The inspector shall make all ed for any one (1) lceation within the city. referrals as provided by section 310.03, but the (b) Liquor licenses. Notwithstanding any other �'ector may require the inspector to issue such license before receiving any recommendations on provision of this chapter, a club or charitable, re- the application thereof if necessary to issue such ligious or other nonprofit organization in exist- �cense on a timely basis. ence for at least three (3) years may obtain on- (Ord. No. 17459, § 1, 5-28-87; Ord. No. 17569, § 4, sale license to sell intoxicating liquor for �q_gg� Ord. No. 17853, § 1, 7-18-91; C.F. No. 94- consumption on the licensed premises oniy and in �561, § 2, 11-16-94) connection with a sociai event within the city spon- sored by the licensee. The license may provide �c. 408.26. Intosicati�p�g► liquor; noninto�- that the licensee may contract for intoxicati.ng li- catiag malt liquor; presumptive quor catering services with the holder of a full penalties. year on-sale intoxicating liquor license issued by the city. The fee for such license shall be forty-one (a) Purpose. The purpose of this section is to dollazs ($41.00) per day and shall be issued for establish a standard by which the city council de- not more than three {3) consecutive days. No or- termines the 1eng�h of license suspensions and ganization shall be granted more than five (5) such the propriety of revocations, and shall apply to all licenses per calendaz yeaz. on-sale and off-sale licensed premises for both in- tofficating liquor under this chapter and nonin- (c) Application. Application for such temporary �fficating liquor under Chapter 410. These pen- licenses shall be made on forrns provided by the ��es are presurned to be appropriate for every inspector and shall contain such information as case; however the council may deviate �herefrom specified by the inspector, including the following: ��dual case where the council finds and (1) The name, address and purpose of the or- determines that there exist substantial and com- ganization, together with the names and pelling reasons making it more appropriate to do addresses of its officers, and evidence of non- so. When deviating from these standards the coun- profit status or of its status as a club under cil shall provide written reasons that specify why section 409.02 above. the penalty selected was more appropriate. (2) The purpose for which the temporary li- (b) Presumptiue penalties for violations. Ad- cense is sought, together with the place, verse penalties for convictions or violations shall dates and hours during which wine or in- be presumed as follows (unless specified, numbers toxicating liquor will be sold. below indicate consecutive days' suspension): . , Supp. No. 28 2194.4 - �Is-»>� �- ;•�'�� LICENSES § 409.26 .-"'' � Appearance � Type of �olation Ist 2nd 3rd 4th (1) Commission of a felony related to the li- Revocation NA NA NA censed activity. (2) Sale of alcoholic beverages while license Revocation NA NA NA is under suspension. , . ,�� ..: �,_� j Supp. No. 24 2194.5 .� _ ..l:,,. Y` . f� i i� .�t ' �� qs-�� , LICENSES § 40926 Appearance Type of Vola.tion 1st 2nd 3rd 4th (3) Sale of alcoholic beverages to under-age 1 6 18 Revocation person. (4) Sale of alcoholic beverage to intoxicated 1 6 18 Revocation person. (5) After hours sale of alcoholic beverages. 1 6 18 Revocation (6) After hours display or consumption of al- 1 4 12 Revocation coholic beverage. (7) Refusal to allow city inspectors or police 5 15 Revo- NA admission to inspect premises. cation (8) Illegal gambling on premises. 1 6 18 Revocation (9) Fail to take reasonable steps to stop 1 4 12 ftevocation � person from leaving premises with alco- holic beverage. (10) Failure to make application for license 1 6 18 Revocation renewal prior to license expiration date. (11) Sale of intoxicating liquor where only li- 1 6 18 Revocation cense is for nonintoxicating liquor. (12) Failure to comply with statutory, and or- 10 Revo- NA NA dinance requirements for liability insur- cation ance. For those violations which occur in on-sale in- dance with the following schedule, whose amounts toxicating liquor establishments listed above in are presumptively appropriate, based on the numbers (3), (4), (5), (6), (8), (9), (10) and (11), the square footage of the retail area of the establish- council may in its discretion impose a fine in lieu ment: of a suspension on the first appearance, in accor- 2,000 square feet or less ......... $ 500.00 dance with the following schedule whose amounts are presumptively appropriate: 2,001-5,000 square feet . . . . . . . . . 1,000.00 Seating capacity 0-99 . . . . . . . . . . $ 500.00 5,001-10,000 square feet. . . . . . . . 1,500.00 Seating capacity 100-149 . . . . . . . 1,000.00 10,001 square feet or more. . . . . . . 2,000.00 Seating capacity 150-199 ....... 1,500.00 �c) Multiple violations. At a licensee's �rst ap- Seating capacity over 200 ....... 2,000.00 pearance before the city council, the council shall consider and act upon all the violations that have For those violations which occur in off-sale in- been alleged and/or incorporated in the notices toxicating liquor establishments listed above in sent to the licensee under the administrative pro- numbers (3), (4), (5), (6), (8), (9), (10) and (11), the cedures act up to and including the formal notice council may in its discretion impose a fine in lieu of hearing. The council in that case shall consider _ of a suspension on the first appearance, in accor- the presumptive penalty for each such violation �'�.✓ Supp. No 21 2195 § 40926 LEGISLATIVE CODE � "' r ` >, under the "lst Appearance" column in paragraph appearance for the purpose of determining (b) above. The occurrence of multiple violations presumptive penalty. shall be grounds for departure from such penal- ties in the council's discretion. (3) If a licensee has appeared before the council on three (3) previous occasions, each for vi- Violations occurring after the date of the notice olations listed in paragraph (b) above, and of hearing that are brought to the attention of the if said licensee again appears before the city attorney prior to the hearing date before an council for a violation listed in paxagraph administrative law judge (or before the council in (b) above, and if the current violation oc- an uncontested facts hearing) may be added to the curred within forty-eight (48) calendar notice(s) by stipulation if the licensee admits to months of the violation that gave rise to the facts, and shall in that case be treated as the first appearance, then the current ap- though part of the "lst Appearance." In all other pearance shall be treated as a fourth ap- cases, violatione occurring after the date of the pearance for the purpose of determining the formal notice of hearing shall be the subject of a presumptive penalty. separate proceeding and dealt with as a"2nd �4� �y appearance not covered by subsections Appearance" before the council. (1), (2) or (3) above shall be treated as a first - The same procedures shall apply to a second, aPPearance. In case of multiple violations third or fourth appearance before the council. in any appearance, the date to be used to measure whether eighteen (18), thirty (30) (d) Subsequent appearances. Upon a second, or forty-eight (48) months has elapsed shall third or fourth appearance before the council by a be the date of the violation last in time at particular licensee, the council shall impose the the first appearance, and the date of the presumptive penalty for the violation or viola- violation first in time at any subsequent tions giving rise to the subsequent appearance appearance. without regard to the particular violation or vio- lations that were the subject of the first or prior (fl Other penalties. Nothing in this section shall appearance. restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, (e) Computation of time: or impose a civil fine not to exceed two thousand (1) If a licensee appears before the council for dollars ($2,000.00), to impose conditions or take any violation in paragraph (b) where that �Y other adverse action in accordance with law, violation has occurred within eighteen (18) provided, that the license holder has been afforded calendar months after the first appearance � opportunity for a hearing in the manner pro- of the same licensee for a violation listed in vided for in Section 310.05 of this Code. paragraph (b) above, the current appear- ance shall be treated as a second appeaz- (g) Effect of responsible business practices in de- ance for the purpose of determining the pre- termining penalty. In determining the appropriate sumptive penalty. penalty, the council may, in its discretion, con- sider evidence submitted to it in the case of un- (2) If a licensee has appeared before the council contested adverse actions or submitted to a hearing on two (2) previous occasions, both for vio- examiner in a contested hearing upon which find- lations listed in paragraph (b) above, and if ings of fact have been made that a licensee has said licensee again appears before the followed or is likely to follow in the future respon- council for a violation listed in said para- sible business practices in regard to sales to in- graph (b), and if the current violation oc- toxicated persons and sales to minors. curred within thirty (30) calendar months of thc violation that gave rise to the first (1) For the purposes of service to intoxicated appearance before the council, then the cur• persons, evidence of responsible business rent appearance shall be treated as a third practices may include, but is not limited to, �, � _.::�%' Supp. No. 21 2196 , �1�-1�� . OFFICE OF THE CITY ATTOR Y ` Timotlry E. Mar.� City Attorney CTTY OF SAINT PAUL `! f!�:' cN�r nrv;s;o„ Norm Coleman, Mayor �} ry r � 400 City Hall Te%phone: 612 266-8710 �;} r,�„ —? �<„ �� ! IS Wen Ke/logg Blvd Facsimile: 612 298-5619 Saint Paul, Minnesota 55102 ii�� -. ..�i .. . �.. July 28, 1995 NOTICE OF HEARING Mr. Frank R. Gruler and Mr. Martin R. Bertzyk Campus Sports Grill 2554 Coxia Avenue Saint Paul, Minnesota 55104 RE: All licenses held by Campus Sports Grill & Nightclub, Inc., dba Campus Sports Grill for premises located at 2554 Como Avenue, St. Paul Our File Number: G95-0268 Dear Mr. Gruler and Mr. Bertzyk: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Monday Auqust 14, 1995 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Relloqq Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: John Harriqan Office of Adiuinistrative Hearings 100 Washinqton Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 872-0222 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against,such licenses, under Chapter 310, including sections 310.05 and 31U.06, of the Saint Paul Legislative Code. In the case of i � . °i5'-1�� licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and. other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On two occasions, June 8 and 9, 1995, you sold and served intoxicatinq liquor in areas outside the buildinq structure, both (a) without the consent of the Council by resolution under Section 409.06(e) of the Saint Paul Leqislative Code, and (b) without the consent of the license inspector under Section 409.11 of the Saint Paul Leqislative Code. In so doinq, other provisions of the Code were necessarily violated. This provides the basis for adverse action under Sections 310.05-.06 of the Code. Additionally, on June 23, 1995, members of your staff ejected a patron with unnecessary force. This conduct violates Section 409.08 (5) of the St. Paul Leqislative Code which provides: ��Every licensee is hereby required to maintain order and sobriety in such place of business.�� and Section 409.14 (a) which provides that: ��Any act by� any clerk, barkeeper, aqent, servant or employee of any licensee hereunder, in violation of this chapter, shall be deemed the act of the employer and licensee of such place ... and every such employer and licensee shall be liable to all the penalties provided for the violation ...�� These acts provide a basis for additional adverse action under Sections 310.05 and .06 of the Code. �� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the reguirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge Notice of Hearing - Page 2 / 1 , . . q5'-11�� may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative . Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very tru y yours, � Gail L. Lang i ld Assistant City Attorney cc: Judge John Harrigan, 1900 Hennepin Ave., Mpls, MN 55403 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Abby Struck, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114 Sgt. Don Cavanaugh, St. Paul Police Dept. Officer Corrine Manthei, St. Paul Police Dept. Notice of Hearing - Page 3 � I �MS-t+� STATE OF MINNESOTA ��un OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South ` .`. Minneapolis, Minnesota 55401-2138 September 1, 1995 RECEIVED S�r 51995 �,ITY' CLERK Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the Licenses of Campus Sports Grill & Nightclub, Inc. d/b/a Campus Sports Grill; OAH Docket No. 60-2101-9925-3 Dear Mr. Owusu: On August 30, 1995, Administrative Law Judge Harrigan served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the official record. A copy of the tape recording will follow. Our file in this matter is now being closed. Very truly yours, �� 2a�� : `�1 , /«,�'�vr�'X� Nanc M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 as-�� •�;;�oo • STATE OF MINNESOTA ��'•Gi� OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 ��j868� RECEIVED September 7, 1995 SEP 81995 CITY CLERK Fred Owusu �� City Clerk 170 City Ha11 SE� 1� l3�Ja 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In the Matter of the Licenses of Campus Sports Grill & Nightclub, Inc., d/b/a Campus Sorts Grill; OAH Docket No. 60-2101-9925-3. Dear Mr. Owusu: On August 14 1995, a hearing was held in the above-referenced matter. Our usual procedure is to make a copy of the tapes from the hearing and forward them to your office. Unfortunately, there was a malfunction in the tape recorder and there is no audio recording of this hearing. We apologize for this occurrence Sincerely, �� .�� SANDRA A. HAVEN Administrator of Office Services Telephone: 612/341-7642 sh Providing Impartial Hearings for Government and Citizens An Eq ual Opp Em ployer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 • Fax No. (612) 349-2665 qs-��8 STATE OF MINNESOTA 1 ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) Luann Skrivseth, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 30th day of August, 1995, she served the annexed FINDING OF FACT, CONCLUSIONS AND RECOMMENDATION on Frank R. Gruler and Martin R. Bertzyk, Campus Sports Grill, by mailing to said persons a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to them at 2554 Como Avenue, St. Paul, Minnesota 55104, the last known address of said persons. f --- - � Subscribed and sworn to before me this th day of Au st, 1995. . ,.'�; Notary Public ;' > � JOF�I W. HARRIpAN ��C•MME80TA wo�a�r.,�,,„.a000 , . :�:- :.�. �.;...,, V1A��t�tAAH .W k"�� '� ATGr3��S'M • S'Yi'.;"� Y�!�TG�YI '•:G:,ti��s4alu¢'�..i . . . ;J�+� � �..�: q5-11�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) Luann Skrivseth, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 30th day of August, 1995, she served the annexed FINDING OF FACT, CONCLUSIONS AND RECOMMENDATION on Gail L. Langfield, Assistant City Attorney, by mailing to said person a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to her at 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, the last known address of said person. Subscribed and sworn to before me this 30th day of Au ust, 1995. �..,� (� otary Public JOMIV W. H�q� ��NE80TA . �qA�A�H k!V YtK�i► �rd��f t� ._ 'tv�at��i � � ,, .,. -. " '''`f``