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95-955. � �y t� I s , e � � " Council File # I.I f \ t /1 � ` � `� �� Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNES'�OTA Presented By Referred To Committee: Date g�- gs 33y��- !3 1 2 3 4 1 RESOLVED, that the Licenses Held by Sonny's Bar, Inc. d/b/a Louie's Bar 2 located at 883 Payne Avenue in Saint Paul are hereby suspended for a period of one (1) 3 day, provided that the suspension is stayed for eighteen (18) months from the date of 4 violation on condition that the licensee remains law-abiding and of good moral character 5 and does not violate the provisions of any ordinance, law or condition relating to the 6 operation of this business during that period. This penalty is imposed based upon a 7 finding of violations of Minnesota State Law and the Saint Paul L,egislative Code relating 8 to the sale of alcohol to an intoxicated persons. 9 10 This Resolution and the action taken above are based upon the record of 11 proceedings before the Administrative Law Judge, including the hearing on June 9, 1995, 12 the documents and exhibits introduced therein, the ALJ's Findings of Fact and 13 Conclusions of I,aw issued subsequent thereto, the arguments of the counsel for the City 14 and the Licensee on his own behalf on August 2, 1995, and the deliberation of the 15 Council in open session. The report of the ALJ is attached hereto and is expressly 16 incorporated in and made a part of this Resolution. 17 18 A copy of this Resolution, as adopted, shall be sent by first class mail to the 19 Administrative Law Judge and the Licensee. 20 21 22 a�Tcey �Tarris r im�m uer�in eear Re�tman unz e — r vii . Absent fI Requested by Department of: By: Adopted by Council: Date Adoption Certified by Council Secretary B App � Form Approved by City Attorney By: _�t,,�'j � ' �G� ,�-7-15 Approved by Mayor for Submission to Council By: 9�-q�$ �c� y �g�9/95� GREEN SHEE N° 33442 CONTACT PERSON & PHONE IN111AL/DATE INRIAVDATE ODEPARTMENTDIRECTOR �CINCOUNCIL Councilmember Grimm 266-8660 nss�cw OCRYATTORNEY �crrrc�aK MUST BE ON CqUNCIL AGENDA BY (DATE) NUMBER FOA � BUDGEf DIRECTOR � FIN. & MGT. SEflVICES OIR. ROUi1NG .�.11 llSt ].6 1995 OFDEP OMAVOR(ORASSISTAN'n � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED. Finalizing Council Action on August 2, 1995, concerning adverse ac[ion against licenses held by Sonny`s Bax, Inc., dba Louie's Bar, 883 Payne Avenue RECAMMENDA7iONS: Approve (A) or Re�ect (R) PERSONAI SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWING QUESTIONS: _ PIANNMG COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl under a contract for this department? _ CIB COMMITTEE _ YES NO _ STAFF 2. Has this person/firm ever heen a city employee? — YES NO _ DISTRICTCOUBT _ 3. DOesthis (SOntfifrtf pe possess a skdl not normally possessetl by any wrrent city employee? SUPPORTS WHICH COUNCI� O&IECTiVE� VES NO Explain all yes answers on separate sheet and attach to green shcet INITIATING PFOBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Wnyj: AOVANTAGES IF APPROVEO: DISADVANTAGES IF APPROVED. �ISADVANTAGES IF NOTAPPROVED'. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDItdG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION. (EXPLAIN) CTI'Y OF SAINT PAUL Norm CoYeman, Mayor July 18, 1995 Louis A. Lentsch and Louis R. Lentsch Sonny's Bar, INC., dba Louie�s Bar 883 Payne Avenue Saint Paul, Minnesota 55101 NOTICE OF COIINCIL BEAl22NG . , f �.. _ `.. _ �. a' JUL 1 ° i RE: Licenses held by Sonny's Bar, INC., dba Louie's Bar loCated at 883 Payne Avenue, Saint Paul Our File Number: G95-0150 Dear Mr. Lentsch: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 3:3o p.m., Wednesday, Auqust 2, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ��t:�!/` " ` /��rw"�... Janet A. Reiter Office of the City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Sgt. Per Tredal, SIU, St. Paul Police Dept. Sgt. Gene Polyak, SIU, St. Paul Police Dept. Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St Paul, MN 55101 OFFICE OF THE CITY ATTORNEY Tinro�hy E. Mar.S Ciry Attomey t / �J`�d� cMr �.� 400 Ciry Hdl Telephone: 612 2668710 IS Weu Kellogg BNd Facsimile: 672 298-5619 Sauu Paul, Minxesota 55102 {., � q q�s �`'` �� f �: f, .-: t.� ' F� F..F..i`.'� t� C..:. � JUL 14 1995 �� f ��ci��`� 8-2101-9716-3 STATE OF MINNESOTA OFF�CE OF ADMINISTRATIVE HEARINGS FOR THE CfTY OF ST. PAUL, MINNESOTA in the Matter of all Licenses Held by Sonny's Bar, inc., dlbial Louie's Bar, for FINDfNGS OF FA�T the Premises Located at 883 Payne CONCLUSIONS AND RE OMMENDATION Avenue, St. Paul, Minnesota. License ID No. 16161; City File No. G95-0150. The above-captioned matter came on for hearing before Administrative Law Judge Jon L. Lunde commencing at 9:30 a.m, on Friday, June 9, 1995 at the City Hai1 in St. Paul, Minnesota. The hearing was heid pursuant to a Notice of Hearing dated May 15, 1995. Janet Reiter, Assistant St. Paul City Attorney, Civil Division, 400 City Hail, 15 West Kei4ogg Boulevard, St. Pavf, Minnesota 55102, appeared on behalf of the City of St. Paul (City). Louis A. Lentsch and Louis R. Lentsch, 883 Payne Avenue, St. Pau{, Minnesota 55101, appeared on behalf of Sonny's Bar, Inc. (Licensee or Respondent). The record closed at the conclusion of the hearing on June 9, 1995. NOTICE Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the final decision of the St. Paul Ciry Council shall not be made until this Report has been made availabie to the parties to the proceeding for at least ten days and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the City Council, which, after reviewing the record, may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation contained herein. The parties should contact Nancy Anderson, Council Secretary, St. Paul City Councii, 310 City Hall, St. Paul, h4irnes�ta 55102 tn ag�°rt?;r� ±h n�.+�g�,IN�rc fn� {!;�� o Y � ?2 �� f . �.�v�. r ti�^J vi i argument. STATEMENT OF ISSUE The issue in this case is whether one of RespondenYs empioyees served alcoholic beverages to two person who were obvious4y intoxicated in violation Minn. Stat. § 340A.502 (1994); and if so, whether the RespondenYs licenses should be suspended for a period of one day and the Respondent ordered to pay all costs associated with this proceeding. Based upon ali the proceedings herein, the Administrative Law Judge makes the foilowing: , -�..� ►� ► • : � 1. Kristine Schweinler, also known as Kristine Van Horn, is a senior license inspector for the City of St. Paul. She is employed in the License Inspection. and Environmental Protection (LIEP) division, where she has worked for the past 13 years. 2. Among other things, Schweinler is responsible for processing Class 3 license applications and enforcing laws relating to those licenses. Class 3 licenses are those, fike liquor licenses, which can only be issued with City Council approval. 3. On the evening of March 9, 1995, Schweinler was engaged in making compliance checks on ticensed liquor esfablishments whicfi were the subject of complaints. At a!! times materia! to this proceeding, she was accompanied by two St. Paul police officers: Per Tredal and Eugene Polyak. Tredal is a sergeant assigned to a special investigafions unif which deals with gambling, prostitution, liquor violations and pomography. Polyak is also a sergeant in the special investigation unit. 4. At approximately 10 p.m. on March 9, Schweinler, Tredal, and Polyak entered Louie's Bar at 883 Payne Avenue in St. Paul, Minnesota. Neither Tredal or Polyak were in uniform. Approximateiy six to ten patrons, a bartender and a bouncer were in the establishment when they entered. 5. After they entered the estabfisF�ment, the three went to the back side of the bar and sat down. Polyak sat immediately to the right of a patron (Patron 1} who was already seated at the bar. Schweinler sat immediately to his right ar+d Tredal sat immediately to Schweinler's right. Shortly after the three sat down, Schweinler went over to a pull-tab booth in the establishment to purchase some pull-tabs and determine if the operator was properly identified. She then returned fo the same stool at the bar. 6. Patron 1 was rumpled and unkept. He was staring at Polyak after Polyak sat down at the bar, and eventually addressed Polyak in a slurred voice. He stated: "t hope yau're not who I think you are." Pofyak asked Patron 1 who he thougf�t Polyak was. Patron 1 said that he thought he was the police. Potyak denied that he was a potice officer. At that point, Patron 1 said it was good that Polyak was not a police officer because the police didn't belong in the bar. Patron 1 continued to stare at Polyak and eventually stated that he believed he had beaten the tar out of Polyak and finro other police officers some time in fhe past. Pofyak told him that he wasn't the police officer Patron 1 had beaten. Patron i said he hoped he wasn't because he'd hate to have to do the same thing again tonight. Patron 1 continued to talk. His conversaSon was irrational and jumped from one unusual subject to another. 7. When Polyak first sat down at the bar Pafron 1 was drinking a beer. He subsequently ordered and drank a second beer and ordered a third beer. The bartender served these beers to him. White talking to Polyak, he belched several times. He appeared tired and intermittently rubbed his eyes. About the time Patron 1 ordered his third beer Polyak asked him if he didn't fhink he'd had enough fo drink. Patron 1 asked Polyak how he could tell if he'd had too much to drink. Polyak ignored his comment. Thereafter, Patron 1 resumed starring at Polyak. Eventually, Polyak asked 2 95=�� him to move. Patron 1 said that he had been at the bar three hours before Polyak arrived and told Polyak that he is the one that should move. Polyak told Patran 1 that he had more than enough to drink and that if he didn't move, Polyak would have him put in detox. Patron 1 stared at Poiyak for a short while then moved to another booth with Patron 2. Patron 1 had diffrcufty getting off the bar stool when he moved to the booth. 8. Patron 2 was sitting beside Patron 1 when Schweinier, Tredal and Polyak first entered the bar. Nowever, he did not remain there long and was moving around the bar during the 20 to 30 minutes that the three were there. Patron 2 staggered when he walked, had bloodshot eyes, and talked in a loud, irrational manner. When sitting at the bar, he intermittently nodded off. While the three investigators were in the bar, Tredai saw Patron 2 consume one rum and Coke. He ordered and was sesved two more by ih2 bartehder. Eac" drirk con:ained aaFrcximately ane oun�:e of � um, 9. Tredal, Schweinler, and Polyak each believed that Patrons 1 and 2 were intoxicated when the bartender was serving them. The bartender, named Jim, was moving around the bar waiting on customers while the three investigators were in the establishment. The bartender was usuaily in the middle of the bar approximately 15 feet from where the three investigators were seated. He was in a position to hear the conversations of Patrons 1 and 2 and observe their behavior. 10. Tredal and Polyak are experienced police officers. Tredal has been a police offcer for twenty years; Polyak has 11 years experience. They have had training and experience identifying and dealing with intoxicated persons. Schweinler does alcohol awareness training for iicensed liquor estabiishments on behalf of the City, and before she began her employment with the Ciry, she had extensive experience working in establishments which served a�cohofic beverages. 11. The three investigators remained in the establishment for approximately 20 to 30 minutes. Although they believed that Patrons 1 and 2 were intoxicated when served by the bartender, they did not advise the bartender of their opinion, instruct the ba�tender to stop serving them, or advise the bartender that any criminal or administrative citations would be issued. 12. On March 27, 1995, an assistant city attorney notified Mr. Louis A. Lentsch that the City might #ake adverse action against a11 the licenses held by Louie's Bar because its bartender had served alcoho{ic beverages to two patrons who were obviously intoxicated in violation of Minn. Stat. § 340A.502. The notice advised Mr. Lentsch that if he disputed the violations within ten days an administrative hearing would be scheduled. By letter dated April 3, 1995, Mr. Louis A. Lentsch requested a hearing. 13. On May 15, 1995, a hearing notice was served on Mr. Louis A. lentsch, and a copy was filed with the Office of Administrative Hearings. 14. Patrons 1 and 2 were obviously intoxicated when the three City officials were in Louie's Bar on March 9 and were served alcoholic beverages by RespondenYs bartender. The bartender, using usual and reasonable powers of observation knew or 3 should have known that the two patrons were intoxicated when he served them in the officials' presence: Based upon the forgoing Findings of Fact, the Administrative Law Judge makes fhe fo(towing: � - �► 1. The St. Paui City Council and the Administrative Law Judge have authority to consider the charges brought against Sonny's Bar, inc. under Minn. Stat. §§ 14.55 and 340A.415 and §§ 310.05 and 310.06(b)(6)a of the St. Paul Legislative Code. 2. The Licensee received fimely and appropriate r�otice of the charges against it and the time and place of the hearing. 3. 'fhe City has complied wifh ail relevanf substantive and procedur8l requirements of statute and rule. 4. Under Minn. Stat. § 340A.502 and § 409.08(12) of the St. Paui Legislative Code, no person may seli, give, furnish, or in any way procure for another aicoholic beverages for the use of an obviousiy intoxicated person. 5. The Licensee violated Minn. Stat. § 340A.502 and § 409.08(12) of the St. Paul Legislative Code on March 9, 1995 when its bartender sold alcoholic beverages to firro patrons who were obviousiy intoxicated. 6. The City has the burden of proof to establish, by a p�eponderartce of the evidence, that the Licensee violated the sfatute and ordinances under which it has been cited. 7. tlnder § 409.08(5} of fhe St. Paut Legis(ative Code, tfie Licensee is respansibie for the acts of its empioyees at its place of business. 8. Under the penalty matrix in § 409.26(b) of the St, Paul Legislative Code, e one-day suspension of the Licensee's licenses is presumptively appropriate for the offense charged. 9. Under § 310.05(k) of the St. Paul Legislative Code, the City Council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing which may be imposed upon a ticensee include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording. costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: a : •�„j .�G •► 9s- � s� IT IS HEREBY RECOMMENDED: That the licenses of Sonny's Bar, Inc. be suspended for one day. Dated this � day of July, 1995 � _,�� JbN L. LUNDE Administrative Law Judge Reported: Taped: One Tape. NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. MEMORANDUM � Licensee is charged with a violation of Minn. Stat. § 340A.502. The statute states: No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use of an obviously intoxicated person. Violations of the statute also violate section 409.08(12) of the St. Paul Legislative Code. It states: No person shall give, sel1, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. The evidence presented establishes that the Licensee violated the statute and the ordinance. It snows fnai rairons 1 and 2 taiked in a(oud, iragmented, and incoherent manner. it also shows that both slurred their speech and had watery or bioodshot eyes. The evidence afso shows that they were heaviiy consuming alcoholic beverages during the period that Gity investigators were in the establishment, that Patron 1 had difficuity getting off fhe bar stool and that Patron 2 was, at one point, failing asleep at the bar and stumbled when he walked. The behavior the three investigators witnessed is persuasive evidence that the hvo patrons were obviously intoxicated. in Strand v. City ofi Watson, 245 Minn. 414, 72 N.W.2d 609 (1955), the court discussed a prior version of the statute prohibiting the sa{e of liquor to an obviously intoxicated person. it stated, in part, as foilows: The word "intoxicated" is one of those terms used to depict a physica( condition which probably defies precise def+nition. It may have different s meanings when used in different statutes or in connection with dii�erent situations. The degree of intoxication varies with the amount of aicohot absorbed in the blood stream, and just when the point of absorption is reached, where if can be said fhat the perso� is so intoxicated that it is unlawful to sell him more liquor cannot be stated with mathematicat certainty. The outward manifestation of intoxication varies with individuals as it does with the physical condition of the individual. ''* As used in these statutes, the definition used by the trial court probably is as good as any. The court instructed the jury as follows: "*'* When any person from the use of intoxicating liquors has affected his reasoning or his faculties, or has rendered himself incoherent of speech, or has caused himself to lose controi in any manner fo any extent of the actions or motions of his person or body, such person in the contemplation of the law is intoxicated ° The court went on to state: '*' Before there can be an iilegai sale under § 340.14, the person to whom the sale is made must be intoxicated to such an extent that the seller, using his usuaJ and reasonable powers of observation, sees or should see that the buyer is intoxicated. In other words, there must be such oufinrard manifestation of intoxication, that a person using his reasonable powers of obseroation can see or should see that such person has become intoxicated. Strand v. City of Watson, su ra, 72 N.W.2d af 615. The conclusion that Patrons 1 and 2 were intoxicated when last served alcoholic beverages by the l.icensee's bartender is supported by their conduct, by the fact that they either consumed or ordered three drinks during the short time the invesfigators were on the premises, the fact that they had been present prior to the investigators' arrival, the Licensee's failure to present any conflicting testimony tending to show the absence of a violation, and the opinions of the Cify's three wifnesses. � II. The Licensee argued, however, that the procedures followed by the three investigators were inappropriate from a policy standpoint and deprived the Licensee of a fair opportunity to present a defense. Firsf, the Licensee argued that if the invesfigators believed thaf the fwo patrons were obviously intoxicated, they should have informed the bartender of their conclusion and instructed the bartender to stop serving them. In the Licensee's view, such a procedure is in the. best i�terest of the public, the Licensee, and fhe patrons themselves. Second, the Licen,see argued that when it is not advised of a violation at the time the violation is observed, it is unable to present a defense because its personnel likely will not recall the circumstances or the patrons involved. Those arguments have some merit. In the administrative penalty context, administrative officers who observe statute or rule violations normally notify the � ��'-��s Licensee or regulated party of the violations and their intention to issue a penalty order. This is ciearfy done so that hazardous activities are stopped and to alert the Licensee so that it is in a position to recali reievant events, make notes and preserve evidence necessary to defend itself in subsequent proceedings. In this proceeding, for example, the Licensee received no notice of the violation untii approx'unately hvo weeks after it occurred. As a matter of policy, the Administrative Law Judge recommends that L(EP staff who witness violations of sections 340A.502 during the course of inspections promptiy advise the licensee of the violation and of the staff's intention to take adverse administrative licensing action. By so doing, the licensee wiil be able to recall relevant events and they more fikely wilf be able to identify the purchasers who aiiegedly were intoxicated and summon them as witnesses if needed. Fucthermore, once put on nof�ce, sales io the purchaser wiii iikely stop. This is beneficia( io the purc�as2rs and enhances public safety. in most administrative settings, agency personnel who discover violations of laws and rules promptiy identify the offending party of the violations observed and of the agency official's likely issuance of an administrative penalty order of some nature. This is the standard practice followed, for example, by the Department of Health in investigating nursing homes and by the agencies responsible for occupational safety and health. Although it is fairer to bring statutory violations to a �icensee's intention at the time the violations occur, the Administrative Law Judge is not persuaded that the City's failure to give prompter notice of the violations or identify, by name, the patrons involved violated the Licensee's due process rights or require dismissal of the charges in this proceeding. The Licensee cited no authority supporting either requirement and the Judge could find none. Assuming that an intoxicated pakron's identity was known, but the patron died before tr+al, the Judge is not persuaded the prosecution would be barred. Where the patron's identity is unknown, the same conclusion is apt. in a criminai context, due process protects against prosecutoria{ defays planned for the purpose of giving a tactical advantage to the prosecution, if such de4ays result in prejudice. See, e.g., State v. Anderson, 275 N.W.2d 554 (Minn. 1978). There is no evidence in this case that the City failed to issue its penalty order before it did for the deliberate purpose of gaining a tactical advantage. Furthermore, there is no evidence that the City's failure to give prompter notice prejudiced the Licensee. The Licensee's part-owner, Louis A. Lentsch, suggested that his bartender couid not recafi pertinent facts regarding the incident because two weeks elapsed between the time it a4legedly occurred and the time when the Licensee received �otice of adverse action. That argument is unpersuasive and must be rejected. First, the bartender, who was present at the hearing, never testified, and Mr. Lentsch's statements that the bartender was unabie to recall pertinent events firro weeks after ihey occurred is, at best, unreliable hearsay of a comp{etely seif-serving nature. There is, in fact, no specific, reiiabfe evidence indicating that the Licensee's bartender could not recall relevant events, reca!! the identities of the patrons involved, or present a meaningful defense. � It is important to know the identities of the persons who were intoxicated so that the Licensee can present a meaningful defense, prepare for trial, and avoid a second penalty for the same offense, However, the Licensee faited to show that the evidence presented regarding the time and piace of the violation and the description of the intoxicated persons was inadequate to identify the patrons or present a meaningful defense. Even if it were assumed that the City was required, as matter of due process, to disclose the identities of the two persons who were allegedly intoxicated when served a(coho(ic beverages by the Licensee's bartender, that requirement would only come into ptay if the patrons' idenfities are unknown. There is no credible evidence in the record that the Licensee's bartender didn't know fhe iwo patrons invoived in the charge. The Licensee simply failed to establish a due process viotation. II1. Under the St. Paul legislative code, the City is authorized in section 390.05{k) to require a license in a case like this to pay ail of the costs of a contested case hearing. The decision to impose those cosfs is discretionary with the City Council. In determining whether to exercise its discretion, the Administrative Law Judge is persuaded that fhe Councif shou(d consider, among other things, the legitimacy of the defenses asserted by the Licensee. (n this case, the Licensee raised a legitimate due process and policy issues retating to the issuance of penatty nofices after vio(ations are observed. Although the Licertsee d+d not cite any authorities supporting ifs posifion, there are )egitimate due process concems which could, in other cases, lead to a different result. Because the Council now has an opportunity to address the procedures followed by LIEP staff and policy changes tha# could be beneficial to public health and safefy, the Administrative Law Judge is persuaded that the Council should not, in this case, require the Licensee to pay the costs of the proceeding. JLL � s STATE QF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 q�� 'S V (��` "v� �� n�3 July 12, 1995 _.� Janet Reiter Assistant St. Paul City Attorney 400 City Half 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Louis A. Lentsch and Louis R. Lentsch 883 Payne Avenue St. Paul. Minnesota 55101 Nancy Anderson, Council Secretary St. Pau� City Council 310 City Hall St. Paul, Minnesota 55102 RE: ln the Matter of all Licenses Held by Sonny's Bar, Inc., d!b/a/ Louie's Bar, for the Premises Located at 883 Payne Avenue, St. Paul, Minnesota. License ID No. 16161; City File No. G95-0150; OAH Docket No. 8-2101- 9716-3 Dear Parties: Enclosed and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation the above-entitled matter. Enclosed to Ms. Anderso� is the official record, with the exception of the tape recording of the hearing. If you wouid like a copy of those tapes, please contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Yours very truly, JLL:IIc ��- � �� JON L. LUNDE Administrative Law Judge Telephone: 612/341-7645 Providing Impartial Hearings for Government and Ci4zens A Equal Opport Emp Administrative Law Section & Adminisirative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 3A9-2665 �� y�s STATE OF MINNESOTA) ) ss COUN7Y OF HENNEPIN) AFFIDAVIT OF SERVICE BY U S. MAIL Laurie L. Cios, being first duly sworn, hereby deposes and says that on the 2th day of J�, 1995, at the City of Minneapolis, county and state aforementioned, she S2Ned th2 BttaCh2d FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION: 8-2101- 9716-2 by depositing in the United States maii at said City of Minneapofis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuais named herein. Janet Reiter Assistant St. Paul City Attorney 400 City Ha41 15 West Keliogg Boulevard St. Paul, Minnesota 55102 Nancy Anderson, Council Secretary St. Paul City Council 310 City Hal4 St. Paul. Minnesota 551�2 Louis A. Lentsch and Louis R. Lentsch 883 Payne Avenue St. Paul, Minnesota 55101 Subscribed and sworn to before me this 12th day of July, 1995 o�.�� c c�.,,�,.. Notary Public , � - � L�� Laun L. Clos � • tWISE C, COOPER� NOTARI'�—iD�M�{TA � AhOomm.E�t.Ya.at. • � �� 8-2101-9716-3 STATE OF MINNESOTA OFFICE OF ADMINfSTRATIVE HEARINGS FOR THE CITY OF ST. PAUL, MINNESOTA In the Matter of all Licenses Held by Sonny's Bar, Inc., d/b/a/ Louie's Bar, for FINDlNGS OF FACT. the Premises Located at 883 Payne CONCLUSIONS AND RECOMMENDATION Avenue, St. Paul, Minnesota. License ID No. 16161; City File No. G95-015Q. The above-captioned matter came on for hearing before Administrative Law Judge Jon L. Lunde commencing at 9:30 a.m. on Friday, June 9, 1995 at the City Hall in St. Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 15, 1995. Janet Reiter, Assistant St. Paul City Attorney, Civil Division, 400 City Hali, 15 West Kel4ogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul (City). Louis A. Lentsch and Louis R. Lentsch, 883 Payne Avenue, St. Paul, Minnesota 55101, appeared on behalf of Sonny's 6ar, Inc. (Licensee or Respondent). The record closed at the conclusion of the hearing on June 9, 1995. NOTICE Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the final decision of the St. Paul City Council shall not be made untii this Report has been made available to the parties to the proceeding for at least ten days and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the City Council, which, after reviewing the record, may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation contained herein. The parties should contact Nancy Anderson, Council Secretary, St. Paul City Council, 310 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue in this case is whether one of RespondenYs employees served alcoholic beverages to two person who were obviously intoxicated in violation Minn. Stat. § 340A.502 (1994); and if so, whether the Respondent's licenses should be suspended for a period of one day and the Respondent ordered to pay all costs associated with this proceeding, Based upon all the proceedings herein, the Administrative Law Judge makes the following: q� �s.� FINDINGS OF FACT 1. Kristine Schweinler, also known as Kristine Van Horn, is a senios license inspector for the City of St. Paul. She is employed in the License Inspection and Environmental Protection (LIEP) division, where she has worked for the past 13 years. 2. Among other things, Schweinler is responsibfe for processing Class 3 license appfications and enforcing laws relating to those licenses. Cfass 3 licenses are those, like liquor licenses, which can oniy be issued with City Council approval. 3. On the evening of March 9, 1995, Schweinler was engaged in making compliance checks on licensed liquor establishments which were the subject of complaints. At all times material to this proceeding, she was accompanied by two St. Paui police officers: Per Tredal and Eugene Polyak. Tredai is a sergeant assigned to a special investigations unit which deals with gambiing, prostitution, liquor violations and pornography. Polyak is also a sergeant in the special investigation unit. 4. At approximately 10 p.m. on March 9, Schweinler, Tredal, and Polyak entered Louie's Bar at 883 Payne Avenue in St. Paul, Minnesota. Neither Tredal or Polyak were in uniform. Approximately six to ten patrons, a bartender and a bouncer were in the establishment when they entered. 5. After they entered the establishment, the three went to the back side of the bar and sat down. Polyak sat immediately to the right of a patron (Patron 1) who was already seated at the bar. Schweinler sat immediately to his right and Tredal sat immediately to Schweinler's right. Shortly after the three sat down, Schweinler went over to a pull-tab booth in the establishment to purchase some pull-tabs and determine if the operator was properly identified. She then returned to the same stool at the bar. 6. Patron 1 was rumpled and unkept. He was staring at Polyak after Polyak sat down at the bar, and eventually addressed Polyak in a slurred voice. He stated: "I hope you're not who I think you are." Polyak asked Patron 1 who he thought Polyak was. Patron 1 said that he thought he was the police. Polyak denied that he was a police officer. At that point, Patron 1 said it was good that Polyak was not a police officer because the police didn't belong in the bar. Patron 1 continued to stare at Polyak and eventually stated that he believed he had beaten the tar out of Polyak and two other poiice officers some time in the past. Polyak told him that he wasn't the police officer Patron 1 had beaten. Patron 1 said he hoped he wasn't because he'd hate to have to do the same thing again tonight. Patron 1 continued to taik. Fiis conversation was irrational and jumped from one unusual subject to another. 7. When Polyak first sat down at the bar Patron 1 was drinking a beer. He subsequently ordered and drank a second beer and ordered a third beer. The bartender served these beers to him. While talking to Polyak, he belched several times. He appeared tired and intermittently rubbed his eyes. About the time Patron 1 ordered his third beer Polyak asked him if he didn't think he'd had e�ough to drink. Patron 1 asked Polyak how he could tell if he'd had too much to drink. Polyak ignored his comment. Thereafter, Patron 1 resumed starring at Polyak. Eventual{y, Polyak asked z y5 y�s him to move. Patron 1 said that he had been at the bar three hours before Polyak arrived and told Polyak that he is the one thai shouid move. Polyak told Patron 1 that he had more than enough to drink and that if he didn't move, Polyak wouid have him put in detox. Patron 1 stared at Polyak for a short while then moved to another booth with Patron 2. Patron 1 had diificulty getting off the bar stool when he moved to the booth. 8. Patron 2 was sitting beside Patron 1 when Schweinler, Tredai and Polyak first entered the bar. However, he did not remain there long and was moving around the bar during the 20 to 30 minutes that the three were there. Patron 2 staggered when he walked, had bloodshot eyes, and talked in a loud, irrational manner. When sitting at the bar, he intermittently nodded off. Whiie the three investigators were in the bar, Tredal saw Patron 2 consume one rum and Coke. He ordered and was served two more by the bartender. Each drink contained approximately one ounce of rum. 9. Tredal, Schweinler, and Polyak each believed that Patrons 1 and 2 were intoxicated when the bartender was serving them. The bartender, named Jim, was moving around the bar waiting on customers while the three investigators were in the establishment. The bartender was usually in the middle of the bar approximately 15 feet from where the three investigators were seated. He was in a position to hear the conversations of Patrons 1 and 2 and observe their behavior. 10. Tredal and Polyak are experienced police officers. Tredal has been a police officer for twenty years; Polyak has 11 years experience. They have had training and experience identifying and dealing with intoxicated persons. Schweinler does alcohol awareness training for licensed liquor establishments on behalf of the City, and before she began her employment with the City, she had extensive experience working in establishments which served alcoholic beverages. 11. The three investigators remained in the establishment for approximately 20 to 30 minutes. Although they believed that Patrons 1 and 2 were intoxicated when served by the bartender, they did not advise the bartender of their opinion, instruct the bartender to stop serving them, or advise the bartender that any criminal or administrative citations would be issued. 12. On March 27, 1995, an assistant city attorney notified Mr. Louis A. Lentsch that the City might take adverse action against all the licenses held by Louie's Bar because its bartender had served alcoholic beverages to two patrons who were obviously intoxicated in violation of Minn. Stat. § 340A.502. The notice advised Mr. Lentsch that if he disputed the violations within ten days an administrative hearing would be scheduled. By letter dated April 3, 1995, Mr. Louis A. Lentsch requested a hearing. 13. On May 15, 1995, a hearing notice was served on Mr. Louis A. Lentsch, and a copy was filed with the O�ce of Administrative Hearings. 14. Patrons 1 and 2 were obviously intoxicated when the three City officials were in Louie's Bar on March 9 and were served alcoholic beverages by RespondenYs bartender. The bartender, using usual and reasonable powers of observation knew or � 9£ ss� should have known that the two patrons were intoxicated when he served them in the officials' presence. Based upon the forgoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have authority to consider the charges brought against Sonny's Bar, Inc. under Minn. Stat. §§ 14.55 and 340A.415 and §§ 310.05 and 310.06(b)(6)a of the St. Paul Legislative Code. 2. The Licensee received timely and appropriate notice of the charges against it and the time and place of the hearing. 3. The City has complied with all relevant substantive and procedur�l requirements of statute and rule. 4. Under Minn. Stat. § 340A.502 and § 409.08(12) of the St. Paul Legislative Code, no person may sell, give, fiurnish, or in any way procure for another alcoholic beverages for the use of an obviously intoxicated person. 5. The Licensee violated Minn. Stat. § 340A.502 and § 409.08(12) of the St. Paul Legislative Code on March 9, 1995 when its bartender sold alcoholic beverages to two patrons who were obviously intoxicated. 6. The City has the burden of proof to establish, by a preponderance of the evidence, that the Licensee violated the statute and ordinances under which it has been cited. 7. Under § 409.08(5) of the St. Paul Legislative Code, the Licensee is responsible for the acts of its employees at its place of business. 8. Under the penalty matrix in § 40926(b) of the St. Paul Legislative Code, a one-day suspension of the Licensee's licenses is presumptively appropriate for the offense charged. 9. Under § 310.05(k) of the St. Paul Legislative Code, the City Council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing which may be imposed upon a licensee inciude, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: [! q�-�ss RECOMMENDATION IT IS HEREBY RECOMMENDED: That the licenses of Sonny's Bar, Inc. be suspended for one day. Dated this 12th day of July, 1995 ,��, � �,�,.-�- N L. LUNDE Administrative Law Judge Reported: Taped: One Tape. NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. MEMORANDUM Licensee is charged with a violation of Minn. Stat. § 340A.502. The statute states: No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use of an obviously intoxicated person. Violations of the statute also violate section 409.08(12) of the St. Pau! Legislative Code. It states: No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. The evidence presented estab{ishes that the Licensee violated the statute and the ordinance. It shows that Ratrons 1 and 2 talked in a loud, fragmented, and incoherent manner. It also shows that both slurred their speech and had watery or bloodshot eyes. The evidence also shows that they were heavily consuming alcohofic beverages during the period that City investigators were in the establishment, that Patron 1 had difficulty getting off the bar stool and that Patron 2 was, at one point, fafling asleep at the bar and stumbled when he walked. The behavior the three investigators witnessed is persuasive evidence that the two patrons were obviously intoxicated. In Strand v. Gity of Watson, 245 Minn. 414, 72 N.W.2d 609 (1955), the court discussed a prior version of the statute prohibiting the sale of liquor to an obviously intoxicated person. It stated, in part, as follows: The word "intoxicated" is one of those terms used to depict a physical condition which probably defies precise definition. It may have different - 5 9�=y�s meanings when used in different statutes or in connection with different situations. The degree of intoxication varies with the amount of alcohol absorbed in the blood stream, and just when the point of absorption is reached, where it can be said that the person is so intoxicated that it is unfawful to sell him more liquor cannot be stated with mathematical certainty. The outward manifestation of intoxication varies with individuals as it does with the physicai condition of the individual. *"* As used in these statutes, the definition used by the trial court probably is as good as any. The court instructed the jury as foilows: ""'* When any person from the use of intoxicating liquors has afFected his reasoning or his faculties, os has rendered himself incoherent of speech, or has caused himself to lose control in any manner to any extent of the actions or motions of his person or body, such person in the contemplation of the law is intoxicated." The court went on to state: **"` Before there can be an ilfegal sale under § 340.14, the person to whom the sale is made musi be intoxicated to such an extent that the seller, using his usual and reasonable powers of observation, sees or should see that the buyer is intoxicated. In other words, there must be such outward manifestation of intoxication, that a person using his reasonable powers of observation can see or should see that such person has become intoxicated. Strand v. Cit�of Watson, suara, 72 N.W.2d at 615. The conclusion that Patrons 1 and 2 were intoxicated when last served alcoholic beverages by the Licensee's bartender is supported by their conduct, by the fact that they either consumed or ordered three drinks during the sho�t time the investigators were on the premises, the fact that they had been present prior to the investigators' arrival, the Licensee's failure to present any conflicting testimony tending to show the absence of a violation, and the opinions of the City's three witnesses. � The Licensee argued, however, that the procedures followed by the three investigators were inappropriate from a policy standpoint and deprived the Licensee of a fair opportunity to present a defense. First, the Licensee argued that if the investigators believed that the two patrons were obviously intoxicated, they should have informed the bartender of their conclusion and instructed the bartender to stop serving them. In the Licensee's view, such a procedure is in the best interest of the public, the Licensee, and the patrons themselves. Second, the Licensee argued that when it is not advised of a violation at the time the violation is observed, it is unable to present a defense because its personnel likely will not recali the circumstances or the patrons involved. Those arguments have some merit. In the administrative penalty context, administrative o�cers who observe statute or rule violations normally notify the 0 9� g�s Licensee or regulated party of the vio�ations and their intention to issue a penalty order. This is clearly done so that hazardous acfivities are stopped and to alert the Licensee so that it is in a position to recall relevant events, make notes and preserve evidence necessary to defend itself in subsequent proceedings. In this proceeding, for example, the Licensee received no notice of the violation until approximately two weeks after it occurred. As a matter of poficy, the Administ�ative Law Judge recommends that LIEP staff who witness violations of sections 340A.502 during the course of inspections prompt{y advise the licensee of the vio{ation and of the staff's intention to take adverse administrative iicensing action. By so doing, the licensee will be able to recall relevant events and they more likely will be able to identify the purchasers who allegedly were intoxicated and summon them as witnesses if needed. Furthermore, once put on notice, sales to the purchasers will likely stop. This is beneficiai to the purchasers and enhances public safety. In most administrative settings, agency personnel who discover violations of laws and rules promptly identify the offending party of the violations observed and of the agency o�cial's likely issuance of an administrative penalty order of some nature. This is the standard practice followed, for example, by the Department of Health in investigating nursing homes and by the agencies responsible for occupational safety and health. Although it is fairer to bring statutory violations to a licensee's intention at the time the violations occur, the Administrative Law Judge is not persuaded that the City's fai�ure to give prompter notice of the violations or identify, by name, the patrons involved violated the Licensee's due process rights or require dismissal of the charges in this proceeding. The Licensee cited no authority supporting either requirement and the Judge could find none. Assuming that an intoxicated patron's identity was known, but the patron died before trial, the Judge is not persuaded the prosecution would be barred. Where the patron's identity is unknown, the same conclusion is apt. In a criminal context, due process protects against prosecutorial delays planned for the purpose of giving a tacticai advantage to the prosecution, if such delays result in prejudice. See, e.g., State v. Anderson, 275 N.W.2d 554 (Minn. 1978). There is no evidence in this case that the City failed to issue its penalty order before it did for the deliberate purpose of gaining a tactical advantage. Furthermore, there is no evidence that the City's failure to give prompter notice prejudiced the Licensee. The Licensee's part-owner, Louis A. Lentsch, suggested that his bartender could not recall pertinent faets regarding the incident because two weeks elapsed between the time it allegedly occurred and the time when the Licensee received notice of adverse action. That argument is unpersuasive and must be rejected. First, the bartender, who was present at the hearing, never testified, and Mr. Lentsch's statements that the bartender was unable to recall pertinent events two weeks after they occurred is, at best, unreliable hearsay of a comp(etely self-serving nature. There is, in fact, no specific, reliable evidence indicating that the Licensee's bartender could not recail relevant events, recaN the identities of the patrons involved, or present a meaningful defense. i� 9s 9s's It is important to know the identities of the persons who were intoxicated so that the Licensee can present a meaningfui defense, prepare for trial, and avoid a second penaity for the same offense. However, the Licensee failed to show that the evidence presented regarding the time and place of the violation and the description of the intoxicated persons was inadequate to identify the patrons or present a meaningful defense. Even if it were assumed that the City was required, as matter of due process, to disclose the identities of the two persons who were allegediy intoxicated when served alcoholic beverages by the Licensee's bartender, that requirement would only come into play if the patrons' identities are unknown. There is no credible evidence in the record that the Licensee's bartender didn't know the two patrons involved in the charge. The Licensee simply failed to establish a due process violation. Ifl. Under the St. Paul legislative code, the City is authorized in section 310.05(k) to require a license in a case like this to pay all of the costs of a contested case hearing. The decision to impose those costs is discretionary with the City Council. In determining whether to exercise its discretion, the Administrative Law Judge is persuaded that the Counci4 should consider, among other things, the legitimacy of the defenses asserted by the Licensee. in this case, the Licensee raised a legitimate due process and policy issues relating to the issuance of penalty notices after violations are observed. Although the Licensee did not cite any authorities supporting its position, there are legitimate due process concerns which could, in other cases, lead to a different result. Because the Council now has an opportunity to address the procedures followed by LIEP staff and policy changes that could be beneficial to public health and safety, the Administrative Law Judge is persuaded that the Gouncil should not, in this case, require the Licensee to pay the costs of the proceeding. JLL s ♦ gsyss Statement of Louie's Bar .Tune 4, 1995 On March 27, 1995 Louie's Bar received notice Prom Philip B. Byne, Assistant City Attorney, alleging that on March 9, 1995 Louie's Bar engaged in sales to persons violation of state law Minn. Stat. 340A.502(1994), Sales to Obviously Intoxicated Persons. This allegation is based on a report submitted by Ms. Kris Van Horn, an oPficial of the license oPfice. In her report Ms. Van Horn states that the sales were made "to a gentleman who appeared intoxicated" and to "a man ...(who} appeared to be very intoxicated" (emphasis added). Nowhere in her report does Ms. Van Horn indicate that these persons were obviouslv intoxicated. Also, nowhere in her report does Ms. Van Horn give the basis for her opinion that the persons were intoxicated, i.e. did the persons exhibit siurred speech, impaired walking, etc. The statute does not define what criteria should be used to determine what is "obvious". Because "obviously intoxicated" is not defined it is subject to individual interpretation thereby making it difficult to de�end against any allegation referencing same. On March 9, 1995 when this incident was observed, no tests were conducted to determine a level of intoxication nor were citations issued or police reports filed. The persons named in the report were not identi£ied nor described. If the persons referenced in the report had been identified to the bartender on March 9, 1995 it is possible that there was an explanation for their behavior other than intoxication. For instance, Louie's has a nuanber o£ customers who are hard of hearing and speak very loudly, who are disabled or are recovering from a stroke. Many are residents of a nearby high rise housing senior citizens and disabled individuals. Because the notice was received more than two weeks after Ms. Van Horn's report there is no way to identify q� yss the persons referenced and there£ore no way to offer any alternative explanation for their behavior. The bartender named in the report is an experienced bartender who knows his customers, their limits and whether they walk or drive to and from tha bar. He, as well as all bartenders employed by Louie's have taken Server Training to recognize customers` limits and to discontinue serving customers in order to avoid over serving them. Louis's has been in business on the Eastside since 1963 and has proven its commitment to the neighborhood. Louie's respects the laws of the City regarding on-sale liquor as exhibited by its excellent record. Louie's has a long standing, cooperative relationship with the neighborhood police. Louie's will continue to conduct business in a concerned and responsible manner. E ��=`�� OFBICE OF ADMIDTISTRATZ4S HSARIN68 FOR TH8 COIIPICIL OF TH$ CITY OF SAINT PAIIL In re the Licenses of Sonny's Bar, INC dba Louie's Bar 883 Payne Avenue CITY�S PROPOSED EBHIBITS June 9, 1995 TO: Judge Jon Lunde, Administrative Law Judge, Office of Administrative hearings, 100 Washinqton Square, Suite 1700, Minneapolis, Minnesota 55401-2138 The following constitutes the proposed Hearing Exhibits of the City's Bepartment of License, Inspection and Environmental Protection. Eshibit No. E�. No. 1 Description Letter of Complaint with affidavit of Service; dated March 27, 1995 Exh. No. 2 Letter from Mr. Louis Lentsch to Mr. Philip Byrne requesting infarmation and copy of police report related to March 9, 1995 complianae check; dated April 3, 1995 Exh. No. 3 Mr. Byrne's response letter attaching section of report related to March 9, 1995 compliance check; dated April 6, 1995 E�rh. No. 4 E�ch. No. 5 E}th. 230. 6 Notice of Hearing with Affidavit of Service; dated May 15, 1995 License information regarding Sonny's Bar, INC. dba as Louie's Bar certified May 19, 1995 Investigation Report from Kris Van Horn re 3/9/95 compliance checks; dated Marcri 15, 1995 95�955 Also attached please find courtesy copies of applicable St. Paul City ordinances and State of Minnesota statutes: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code Minnesota Statute § 409.08 (5)(12) § 409.26 § 310.01 § 340A.502 Respectfully submitted this _� day of June, 1995. _4f��'10i� G* � Klt.U. _._ J et A. Reiter Attorney at Law Office of the City Attorney 400 City Hall 15 West Kellogq Boulevard Saint Paul, Minnesota 55102 (612)266-8731 Atty. Reg. No. 0250806 � � OFFIC�THE CITY ATTORNEY ru,wmy s. Gty Arto,,,ey CITY OF SAINT PAUL Norm Calanan, Mayor TeFeQMne: 6I2 266-8710 Facsimile: 672 2985619 95-�� March 27, 1995 Louis A. Lentsch Sonny's Bar Znc. dba 883 Payne Avenue Saint Paul, Minnesota Louies Bar 55101 Re: Licenses of Louies Bar License ID No. 16161 Dear Mr. Lentsch: CivADivision 400 Cuy HaU IS Wesr Kellogg Blvd Saint Pou! Minneww SS102 I am in receipt of information that could lead to adverse action against all the licenses of Louies Bar. The basis for adverse action is: On March 9, 1995, during the evening hours, an employee of the license office and two plain clothes police officers were in Louies Bar on a compliance check. They observed the bartender, named Jim, sexve alcoholic beverages to two patrons who were obviously intoxicated. The sales to persons who are obviously intoxicated violate state law, Minn. Stat. § 340A.502 (1994). If you do not dispute that the above sales took place, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the facts if we are going to follow that path. On the other hand, if you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, I will schedule the ■ dba Louie's Bar City's Exhibit No. 1 � � � 95-`�� hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, � Philip . Byrne Assistant City Attorney cc: Robert Kessler Director, LIEP Kris Van Horn, LIEP Sgt. Per Tredal, SIU -- - # • 95-955 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY II. S. MAIL Joanne Rettner, being first duly sworn, deposes and says that on the 27th day of March, 1994, at the City of St. Paul, county and state aforementioned, (s)he served the attached Letter by depositinq in the United States mail at said City of St. Paul, a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual. Louis A. Lentsch Sonny's Bar Inc. d/b/a Louies Bar 883 Payne Avenue Saint Paul, MN 55101 �OQir�r�' l��iP�e� � Subscribed and sworn to before me this 27th day of March, 1995. ��- �' ��L -� � SEIVA J. FLOYD � mornnrv�c-�nw�sorn � RaMS�r cotmrr � rMCamm.6�res.maal.z000� .,. . � ! �� R �5 1595 � � � � / � � �'�`�4` St `�' �` e e p siff3� !'�°[Fk44��1�'� - � �" t� 1 L, � ( �4 � � ��, ��'R � �= _ _1 U� � � �.� �� t�,� � � �� /�s l�� R dti�l ��' � e r-s C-� t� �� ,f� _�� P y v r�� (�1�� t�� (Z�C�� -�� n,�l.��e.� ��. d� �� Z� _ _ __ _. _ _ � v � � � �.� �.� G�; .�.� ��rn�� _ - _ �,,,t3 v _i � i `j � � `�S — �g� �A �a�� ,�� - - — �� '�-� L., �t� � L J'� - � � D \ � ■�- _-__ - � _ . - .- - - _ _ . . dba Lonie's Bar City's F,Bhi`bit Na 2 J � OFkTCf�F THE CITY ATTORNEY runoUry.�q CtryAnnmey CITY OF SAINT PAUL cN;r DN;�n 9 � r 9 �� ; Norm Co7emon, Maya� 4W Ciry Hall Telephane: 6I2 266-8710 IS West KeZZogg BIvQ Facsirtule: 612 298-56Z9 Saint Pau7, Mulnesora SS102 April 6, 1995 Lauis A. Lentsch Sonny's Bar Inc. dba Louies Bar &83 Payne Avenue Saint Paul, Minnesota 55101 Re: Licenses of Louies Bar License ID No. 16161 Dear Mr. Lentsch: The report that I have is the report of Ms. Van Horn, an official of the license office. She was accompanied by police officers, who also witnessed what is indicated, and who are available to testify in the event that you want a hearing on this matter. Please contact me as soon as possible to indicate whether you wish to have a hearing or not. Very truly yours, ��/l� �. Philip B�Byrne Assistant City Attorney - ■ dba Louie's Bar Citp's �hibit No. 3 � � Pace 2 95 r �� I Our next stop was at Louie's Bar located at 883 Payne Avenue. We sat at the bar. � sat next to a gentle.;�n who appeared intcxicated. Jim, the bartender, continued to serve him. Also, a man sitting across the bar fre:n me appeared to be vezy ir.toxicated and was served three, what appeared to be, ru.-n and coke drinks. Z purchased $10.00 worth of pulltabs and noticed that the seller did not have a badge. It was a young man. There was also a young woman sitting in the booth. I did not see any form of ideatification on her either. KVH/lk 6 ! • 95-��5 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVZCE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 15, 1995, she served the attached NOTICE OF HEARTNG on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Louis A. Lentsch Sonny's Bar, Inc. dba Louie's Bar 883 Payne Avenue St. Paul, MN. 55101 (which is the last known address same, with postaqe prepaid, in Paul, Minnesota. 5ubscribed and sworn to before me this 15th day of May, 1995. �� ' ! � -�= -. _._,�_ ,-- i ,- � - - - , of said person) and depositing the the United States mails, at St. � BELVA J. FLOYD � NO'iMYPU&!G-MIIiIESOTq � F2ARA$EY COUI4TY � AN canm. �qres.�en. s�, zaoo � r . . a Lic ID ................... 16161 STAT ..................... AC Business Name............ 50NNY'S BAR INC Doing Business As........ IAUIE'S BAR Address .................. 883 PAYNE AVE Zip ...................... 55101 Exp Date ................. 03/31/96 License Name ............. CIGARETTE . GAMBLING IACATION {CLAS5 C) . RESTAURANT (B)-MORE THAN 12 SEATS . OFF SALE MALT . SUNDAY ON SALE LIQUOR . LIQ-ON 5ALE-1005EATS/LESS-C ! J � � � J NOTE AREA ................ INSP CHANGE FROM O1 TO 02 ON 3/20/92 . 11050 . 98 SEATS 5-5-87 . 111987 PH ON APPN FOR GAMBLING . 87-1691 . 110487 PH ON APPN FOR GMBL IAC . 11987 . O1/31/91 C.F. 91-173 APPROVED Press <RETURN> to continue... Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � LAG CLO5ED Bond Policy Number....... BondCompany... ......... Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. LOC LIC APP'D C.F. LIC LAYED OVER TO 1 A 3 CONSECUTIVE DAY � PRINT OFF , SUSPENSION OF ALL LICENSES (021791-021991) RENEW APP'D 6/15/93 - MAILED 7/9/93 3j8/94--HOME ADDRESS GIVEN TO WENDY CHAPIRSON WITH ATTY JOHN NORTON'S OFFICE 6070 50TH ST N OAKDALE-- VC--LIC 4/4/95 LOU R LENTSCH ADDED TO OFFICERS PER KSVH PER PAPERW4RK IN FILE. LOOKS LIKE HE SHOULD HAVE BEEN ADDED MANY YEARS AGO. LLOYD5 OF LONDON TAM01034 O1/31/95 03/31/96 LOUIS A LENTSCH . IAU R LENTSCH Dealer ................ Tax Id ............ ..... 9205317 Worker Comp E�cp Date..... 04/O1/95 Telephone ............. . 776-2093 Press <RETITgN> to continue... Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF � Press 'C' to continue, 'P' to print, or 'R' to redisplay... . � dba Lonie's Bar � CStp's Eglubit No. 5 95��5 5/19/95 I hereby certi£g that the attached is a txue and exact copy of the records of the LIEP Office of the Citp of St. Paul for Sonny's Bar Inc. DBA Louie's Bar at 883 Payne Avenue. �'� �� Christine Rozek License Manager � • � ta y Public ■ a `' .� �IND7! KtaY KORAR ~ NOTARYPUBLIC-MINNESOTA - �*'v-� �fgCanmlaslonf�qrsaJan.31,2000 r rMN.MMIJ.�nMAMnnhrt.�.nMR/�NJJ✓J et �-��-aa 95-955: CITY OF SAI\ PALZ L\7ERDEP.4RT'.iE�TAL ?�1E\;ORA�Di;'�I `.arc:� �5, ioo� '=�: Rcbert �Ce=_s_e_ Phil �yr�e C'nristir.e Rezek F�CN,: iCris Va.z �c� +"�._-"7: Investic�t;c� cf 3(9/55 The follouinc is a__ r� cn t^= co-,�liar.ce cnecks of several off s�ie li�,:cr establish.�.ents cc�c�.:c�e3 �y Se___a:,t Per Tredal, an w�der ge :na?e and r„z. Tne mi�cr was w'_rec ___ _,,,.�.d a^.c ^�o�itcred by Sergea�t Trecal ar.d s:e i:on t2;e car. Efter a nurc:ase�a�as -�� Serceant Trecal �,d I irforr.�ed t'�e nerson tnat sold the li�:cr „__- .a3 r�e obta;ned the ide:tificatioa e� that person a.nd infc— that we wculc �e s�Tittirg reports to the City F.tto*_ O�fice � dve_se actioa and that the lice:s=e(s) would receive notice ef �..'_s v:olat:ca. ?he `irst locztion t:at sc_d to the minor was Tne ninor purchasec a to:elve pack of ?5iller iite. No identi`icetion xas reauested. The cle_k con3uctirg the puzchase v:as identified as � ?he secoad locatior. ia v_c1Gt:e, was T'r,e m no: purchased a tu=_lve pack cf N.iller Lite. b'o identification was rec,:ested. The clerk ccacuctir.g the purcha=e uas icentified as �, It shculd b= noted Lhat he is the � T'.:e t'�i-d locatio^ ia violatien was re�aeste3. a twelve te to �e� was tne clerx minor. No identification was Our rext stop was the The minor ordered a bco:� ci sezp and a t�� beer. cE_5eant T:edal znd S entered the pre.:.ises and est�lis: e3 that it F�as beer in tbe alass that c:as served to the mir.cr. The -�=ncr left th= cafe a��3 xe in�c:*ned the barten3er c.` the pro�l=m. i:e was =..-LL=f=aC1 HS _ insoxr.,ed vs that the beer was a Liri.encogin that they have on tap. Ke cid attempt to pL=c:ase were conducted. t?:e minor fcr identificatica. No l•;e then returned to �DO E. 10�n 6treet, took pictures oi the mincr, and tur:ed the beer in for evider.ce. • dba Louie's $ar ■ � � CSity's ExLibit Na 6 — `� ` Q�- 9 5 5 I rece 2 b,'e continued ou- ce....,l�ance c`ecics and H�ere joiaed by Sergea:t Geae Plyak. e•;e •weat to Upca e^terirc t':e bar, t'�ere uas z �?�ite s r.�e 1�� S�Ec�=I1C .. 2 chair a� oae cf �^e tables. He axeke =_=crtly a'ter �„•= set coo.-a at the F= a��ezred EXiZE:�B�V ir.tcxicated �,`r.ea ::e „e :t to t: = bar, �nt he �.•as seroed z Sc �-::ct beer. - also aoticec a bat�e_ry c�erate� peker ca the back bar cr :ep cf the re,ister. Serce�.� ireczl a=_ke3 to see the ca.^;e and played a couple c` rancs. _t :;as r.ot a coi� c_erat=d dec_se. I purcha=_ed :20.00 cf '_'.ac 7 pnllt�;:,s. ;_e becth �.d se L e_ a��eared to be :� co-_olia�ce. iie t^,ea c;eat to t:.ea a��=_ared ia ccs_ 1:�_,.e ,... �-d observed -o �rc�;e.:s. Ou- next stop kas at Lo��ie's 3ar located at fi83 ?ay:e Avea;:e. P;z szt at 'he bar. Gene sat r.ex� �o a centle..-�a „no apaeared �ntcxicated. Ji:;�, �he baTteader, centirv?u to =_e_^�e ='_:�. Also, a^,�. =_itti�g acre=s the b�r f-c:n ^:e a�peared to be ve_ry �r.tex�catec ard •+:es served t:Lee, w�hat an�earec to be, r,:.^i znd coke drinks. I ��rchase3 S'0.00 worth of �uilt�s �3 ncticed that tre selle: did not i:ave a badge. =t Nas a yc�:ng �an. Tnere uas also a yc�:.no we:n�� sittinc in t'r.e booth. Z,.id not see ar;y fox of identification en �er either. K\%:3/lk N 95�'955 Statement of Louie's Bar June 9, 1995 On March 27, 1995 Louie's Bar received notice from Philip B. Byne, Assistant City Attorney, alleging that on March 9, 1995 Louie's Bar engaged in sales to persons violation of state law Minn. Stat. 340A.502(1994), Sales to Obviously Intoxicated Persons. This allegation is based on a report submitted by Ms. Kris Van Horn, an official of the license office. In her report Ms. Van Horn states that the sales were made "to a gentleman who appeared intoxicated" and to "a man ...(who) appeared to be very intoxicated" (emphasis added). Nowhere in her report does Ms. Van Horn indicate that these persans were obviouslv intoxicated. Also, nowhere in her report does Ms. Van Horn give the basis for her opinion that the persons were intoxicated, i.e. did the persons exhibit slurred speech, impaired walking, etc. The statute does not define what criteria should be used to determine what is "obvious". Because "obviously intoxicated" is not defined it is subject to individual interpretation thereby making it difficult to defend against any allegation referencing same. On March 9, 1995 when this incident was observed, no tests were conducted to determine a level of intoxication nor were citations issued or police reports filed. The persons named in the report were not identified nor described. If the persons referenced in the report had been identified to the bartender on March 9, 1995 it is possihle that there was an explanation for their behavior other than intoxication. For instance, Louie's has a number of customers who are hard of hearing and speak very loudly, who are disabled or are recovering from a stroke. Many are residents af a nearby high rise housing senior citizens and disabled individuals. Because the notice was received more than tcao weeks after Ms. Van Horn's report there is no way to identiPy Q5-955 ! the persons rePerenced and the�e£ore no way to o£fer any alternative explanation for their behavior. The bartender named in the report is an experienced bartender who knows his customers, their limits and whether they walk or drive to and from the bar. He, as well as all bartenders employed by Louie's have taken Server Training to recognize customers' limits and to discontinue serving customers in order to avoid over serving them. Lauis's has been in business on the Eastside since 1963 and has proven it� commitment to the neighborhood. Louie's respects the laws of tiaa City regarding on-sale liquor as exhibited by its excellent re�eord. Louie's has a long standing, cooperative relationship with the neighborhood police. Louie's will continue to conduct business in a concerned and responsible manner. 2 95�955 ; _. - e ..� SUBTITLE A. IN GENERAL Chapter 310. Uniform License Procednres Sec. 310.01. Definitions. LICENSES For the purposes of this chapter, any chapter of the Legislative Code peitaining to licenses as here- inafter mentioned, and subsequently enacted or- dinances establishing or relating to the require- ments for Class I, Class II and Class III licenses under authority of the City of Saint Paul, the terms defined in this section shall have the mean- ings ascribed to them: Adverse action means the revocation or suspen- sion of a license, the imposition of conditions upon a license, the denial oF an application for the grant, issuance, renewal or transfer of a license, the im- position of a fine, the assessment of the costs of a contested heazing, and any other disciplinary or unfavorable action taken with respect to a li- cense, licensee or applicant for a license. Adverse action includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the City of Saint Paul, Adverse action also includes disapproval of licenses issued by the State of Minnesota under statutory provisions which permit the governing body to disapprove the issuance of the license. Bond means a hond meeting the requirement,s of section 310.07 and indemnifying the City of Saint Paul against all claims, judgments or suits caused by, resulting from or in conneetion with any licensed business, activity, premises, thing, facility, occurrence or otherwise under these chap- ters. Building o f("ici¢l means the official in the o�ce of license, inspections and environmental protec- tion charged with the responsibility of enforce- ment of the huilding code. Chapters and these chapters shall meanthis Uni- form License Ordinance, any chapter of the Leg- islative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordinances establishing or relating to the requirements for Class I, Class II and Class III licenses under au- thority of the City of Saint Paul. Supp. No. 26 2027 § 310.�1 Class I licenses means those licenses which can be approved and issued or denied by the director, subjectto the procedures required by these chap- ters. The following licenses aze so classified, and the numbers shown opposite them correspond to the chapters in the Legislaiive Code pertaining to each license: Class I Licenses Automobile Repair Gazage and Body Shop Animal Foods Manufacturing and Distributing Amusement Rides Mechanical Amusement Devices Bill Posters Bituminous Contractors Boarding and Roominghouses; Dormitories Bowling Alleys; Pool Halls Christmas Tree $ales Cigarettes Close•Out Sales Building Contractors Dry Cleaning and Dry Dyeing Plants; Laundries Electrical and Appliance Repair Fire Alarm—Telephone Devices; Appazatus Installers Florists Food License Fuel Dealers—Liquid Fuel Fuel Dealers—Solid F�el Fumigating—Pest Control Gasoline Filling Stations Private Fuel Pumps Hardwaze Stores House Sewer Contractors Ice Cream Processing and Dis- tributing Mercantile Broker Milk Oi1—Bulk Storage Opticians Pawn Shops Peddlers Soliciting Legisl¢tiue Code Ch¢pter 315 �3�i.�. 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 § 310.01 � � � _ LEGISLATIVE CODE c _`.� CZ¢ss I Licenses Legisla#ive Code Chapter Pet Shops Radio and Television Repairs Rental of Clothing Rental of Hospital Equipment Rental of Kitchenware Rental of Trailers Roller Rinkc $anitary Disposal Secondhand Dealers Sidewalk Contractors Solid Waste Sign and Billboazd Construction Sound'I�ucks and Broadcasting Vehicles Public S'�*ri**+ming Pools Tow Trucks—Service Vehicles Tree Trimming Vending Machines Veterinary Hospital Window Cleaning $lock Parties Tattoo Paziors Wrecking of Buildings Building Trades Business Li- censes Building `i4�ades Certificates of Competency Finishing Shop Tire Recapping Plants 'I4�ansient Merchants Therapeutic Massage Center Therapeutic Massage Practi- tioner 347 348 349 350 351 3a'2 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 37i 372 373 412 414 CZ¢ss II licenses means those licenses which must be approved or denied by the director, sub- ject to the procedures required by these chapters. The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining tA each ficense: CZ¢ss f7 Licenses Auctioneers—Short Term License Legislative Code Chapter 390 Legislative Class fl Licenses Code City Gambling Permit Section 402.06 Soliciting Funds—Tag Chapter 391 Days Temporary On-Sale Seer Section 410.10 Temporary Wine and Li- Section 40925 quor Class III licenses means those licenses which can be approved or denied only by the council, subject to the procedures required by these chap- ters. The following licenses aze so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each ficense: Legisl¢tive Code Cl¢ss III Licenses Chapter Auctioneers 400 Motor Vehicle and Parts Dealer 401 B�� 402 Bingo Halls 403 Private Cluhs 404 Dance HaIis 4Q5 Game Rooms 406 Hotel 407 Junk Salvage and Scrap 408 intoxicating Liquor 409 Noninto�cicating Liquor 410 Entertainment 411 Conversation Parlors 413 Motion Picture Theatres 415 Motion Picture Drive-In The- 416 atres Parking Lots 417 Taxicabs 376 Gambling License 419 Director means the director of the o�ce of li- cense, inspections and environmental protection, unless otherwise defrned in the specific chapter, section or subdivision referred to. Division means the office of license, inspections and environmental protection as the successor to the former division. Fee means and includes both the ticense fee and application fee unless otherwise provided. 7 � ?�;i �:> n�._ _-; Supp. No. 26 2028 _ 95-955 ' - LICENSES § 310.02 - v " : Inspector as used in these chapters means the director of the o�ce of license, inspections and environmental protection or his or her designee. Lzcense means and includes all licenses and per- mits provided for or covered by these chapters. License also includes licenses issued by the State of Minnesota under statutory provisions which permit the goveming body to disapprove the issu- ance oF such licenses, for the purposes of making procedures in Chapter 310 of the Legislative Code applicable �o the approval or disapproval of such licenses. Person means and includes any person, firm, corporation, partnership, company, organization, agency,club or any group or association thereof. It shall also inelude any executor, administratot, trustee, receiver or other representative appointed by law. Zoning ¢dministrator means the official charged with responsibility for enforcement of the zoning code. (Code 1956, § 510.01; Ord. No. 17303, § 3, 10- 29-85; Ord. No. 17569, § 1, 6-7•88; Ord. No. 17819, § 1, 3-31-92; C.F. No. 93•1645, § 8, 12-30-93; C.F. No. 94•46, § 6, 2-Z•94; C.F. No. 94-500, § 2, 7-6-94; C.F. No. 94-898, § 1, 7-13-94) Sec. 310.02. Application. (a) Form. All applicants for licenses or permits issued pursuant to these chapters shall make both original and renewal applications to the inspector on such forms as are provided by the division. Such applications shall not be received by the in- spector until completely filled out, accompanied by all fees, insurance policies, bonds, deposits, sureties, and indemnifications or certificates re- quired by these chapters, together with the certi- fication required in paragraph (b) below. (b) Tazes. No person shall be granted a license, a renewal o£ a license or transfer of a license re- quired by the Saint Paul Legislative Code unless, prior to and in addition to any other require- ments, rules or ordinances heretofore or hereafter required, the Ramsey County Department of Prop erty Taxation cert�es that said applicant has paid any and all taxes, real or personal, before said ta�ces become delinquent, on any property, real or Supp. No. 26 personal, situated within the City of Saint Paul and used in connection with the business oper- ated under said license. I�'ot�rzthstanding the previous paragraph, the council, the director or the inspector may issue, renew or trans£er a license if it is found that: (1) The applicant has made an agreement sat- isfactory to the Ramsey County attorney to pay delinquent tases in periodic install- ments; (2) The applicant has properly commenced a proceeding to contest the amount of tax due or the valuation of his property, and has made all partial payments required by law in cannection with such proceeding; or (3) The business property with respect to which taz�es are delinquent is not owned by the applicant, but by a lessor, and it would be inequitable to require the lessee to pay such ta�ces. If a license is issued, renewed or transferred be- cause of the e�ustence of an agreement as de- scribed in subsection (1) above, the license may be revoked if the licensee defaults upon such agree- ment. (c) Additional information. The inspector shall prescribe the information required to be submitted by each applicant in his application, in addition to that required by specific sections in these chap- ters, as may be necessary to carry aut and enforce any provision hereunder. He shall require in every case the applicant to submit his name; business or corporate name; names of paztners, off'icers, direc- tors, shareholders or trustees invoived in the busi- ness; age; address; description or blueprint of the premises, if any, and the owner thereof, and loca- tions and addresses of other business locations in Minnesota. (d) No re¢pplication wit]zin one (I) ye¢r ¢fter de- nial or reuoc¢tion. No person may apply for any license within one (1) year of the denial or revo- cation of the same or similaz license by the city council, if such denial or revocation was based solely or partially upon misconduct or unfitness of the applicant, evidence of violations of law in- volving licensed premises, evidence that the ap- 2029 § 310A2 " LEGISLATlVE CODE ` plicant had been involved in the operation oF a nuisance, or fraud or deception in the license ap- plication. Denial of a license, as used in this paza- graph, shaIl inciude a refusal of permission to transfer a license to the applicant. A license is "similaz," wittun the meaning of this pazagraph, if the basis upon which the revocation or deniai of the original license was made would have been a relevant basis on which to deny or revoke a li- cense of the type subsequently applied for. (e) Reapplic¢tion after denial; "interest" of ¢p- plic¢nt in revoked license. An application by a person having an interest in, or whose shaze- holders or officers have an interest in, any prem- ises or enterprise whose license has been revoked or to which a license has been denied shail be treated as an application by the person whose li- cense was denied or revoked. The term "interest," as used in this pazagraph, includes any pecuniary interest in the ownersiiip, operation, management or profits o£ an establishment, but does not in- clude: bona fide loans; bona fide rental agree- ments; bona fide open accounts or other obliga- tions held with or without security arising out of the ordinary and reallaT crourse of business of selling or Ieasing merchandise, fixtures or sup- pHes to such establishment; an interest in a cor- poration owning or operating a hotel but having at least one hundred fifty (150) or more rental units holding a license in conjunction therewith; or ten (10) percent or less interest in any other corporation holding a license. (fl Prohibition on reapplic¢tion; exception. The prohibition on reapplication herein provided shall not apply in cases where it is otherwise eapressly provided by statute or ordinance. (g) Waiting periad ¢fter fzlirzg of petition. Any petition required to be filed with the application for any license shall not be considered as officially filed and irrevocable until seven (7) worldng days after a petition is received in the inspector's of- f5ce. During the seven-day waiting period, any sig- nator of any petition may withdraw his name therefrom by written request, and such request shall be appended to the subject petition and made a part thereo£ After the seven-day waiting pe- riod, signatures may not be withdrawn unless it is shown they were obtained by fraud or dnress. Signatures withdrawn or obtained by fraud or du- ress shall not be counted in determ�n;ng the suf- ficiency of the petition. This subdivision sha11 apply in any case where tfie appiicant for a Ii- cense or license transfer must present a state- ment in writing signed by a spec�ed number or percentage of persons that they have given their consent to the grant of the license or license transfer. (Code 1956, § 510.02) Sec. 310.03. Investigatioa and review of new applications, etc. The inspector shall determine the sufficiency and accuracy of each new application and obtain such criminai history information as may be used under Minnesota Statntes, Chapter 364, and is othexwise available by law. The inspector shall make reasonable and appropriate investigation of the premises or personal property, vehicles or fa- cilities, as may be invoived in or related to the licensed activity, and shall request, where appro- priate, the assistance of other city divisions or departments in making additional investigations for the purpose of determ; whether the appli- cant is or will be in compliance witfi all appficable ordinances aad statutes. The approval of such other divisions or departments is not required for issuance of a license unless otherwise required by specific sections in these chapters. All new appli- cations shall be reviewed by the zoning adminis- trator or his designee for compliance with all re- quirements of the Saint Paui Zoning Code, and no new license shall be granted without full compli- ance with said requirements. All new applica- tions involving a premises, location, building or structure shall be teferred to the director ofthe department of fire and safety services and to the building ofFicial for investigation and recommen- dation. (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) Sec. 310.04. Levels of approval; recommen- dations. (a) CZass I Zicenses. Where an application for the grant, issuance, renewal or transfer of a Class I license meets all the requirements of ]aw, and there esists no ground for denial, revocation or suspension o£, or the imposition of conditions upon, � °-_: Supp. No. 26 2030 LICENSES q 5 � � � � § 310.04 �'_', � � such license, the director shall grant, issue, renew or t*ansfer said license in accordance with the application. (b) Class II licenses. VJhere an application for the grant, issuance, renewal or transfer of a Class II license meets all the requirements of law, and there exists no ground for denial, revocation or suspension af, or the imposition af conditions upon, such license, the director shall grant, issue, renew or transfer said license in accordance with the application. (c} Class 1 and Class 77 dicenses, if denied by director. In the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance, renewal or transfer of the license does not meet ali the re- quirements of law or that there e�st grounds for denial, revocation, suspension or other adverse ac- tion against the License or the licensee, the direc- tor shall recommend denial of the application and foAow the procedures for notice and hearing as set forth in section 310.05. (d) Class III licenses. {1} Grant, issu¢nce or transfer. Upon receipt of a fully completed application and required fees for a Class III license, and after the investigation required, the director shall no- tify the council. A public hearing shall be held on the grant, issuance or transfer of all Class III licenses. In any case where the director recommends denial of the grant, issuance, renewal or transfer of a Ciass III license, or where the council believes that there is evidence which might result in ac- tion adverse to the original or renewal ap- plication, the director on his or her own ini- tiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 310.05. Where the application for the grant, Sssuance, re- newal or transfer of a Class III license meets all the requirements of law, and where there exists no ground for adverse action, the council shall by resolution direct that the director issue such license in accordance with law. (2) Renewal. The director shall in writing na tify the council, and the affected neighbor- Supp. No. 27 hood organization(s) established for citizen participation purposes, at least siaty (60) days before the egpiration date of all Class III licenses. A public hearing on the renew- ai of any such license shall not be held e%- cept on the request of a councilmember, which request shall be incorporated in the form of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood organizations. Such pubiic hearing does not replace or amend any of the procedures set forth in section 310.05 0£ the Legislative Code. If no re- quest for a pu6lic hearing is made beFore the expiration of any such license, and where there exists no ground for adverse action, the council shall by resolution di- rect that the director issue the license in accordance with law. (e) Appeal; Class I or Cl¢ss II licenses. An ap- peal to the city council may be taken by any per- son aggrieved by the grant, issuance, renewal or transfer of a Class I or Class TI license; provided, however, that the appeal shall have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for ap- peal shall be that there has been an error of law in the grant, issuance, renewal or transfer of the li- cense. The appeal shall be in writing and shall set forth in particulaz the alleged errors of law. The council shall conduct a hearing on the appeal with- in thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofar as is prac- ticable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the license. (fl No waiuer by mnew¢l. The renewal of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 419-88; C.F. No. 94500, § 1, 7-6-94) 2031 § 310.05 Sec. 310.05. Hearing prceedures. LEGISLATIVE CODE (a) Adaerse action; notice and hearing r�quire- ments. In any case where the council may or in- tends to consider any adverse action, including the revocation or suspension of a license, the im- position of wnditions upon a license, or the denial of an application for Lhe grant, issuance, renewal or transfer of a license, or the disapproval of a license issued by the State of Minnesota, the ap- plicant or licensee sfialt be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attomey or on its own initiative. (b) Notice. In each such case where adverse ac- tion is or will be considered by the couneil, the applicant or licensee shall have been notified in writing that adverse action map be taken against the license or application, and that he or she is entitled to a hearing before aetion is taken by the council. The notice shall be served or mailed a rnzsonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse acEion may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hearing. Where there is no dispute as to the facts underlying the vioIation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the coun- cil. Otherwise the hearing shall be conducted be- fore a hearing PYam;ner appointed by the councit or retained by contract with the city for that pur- pose. The applicant or the licensee shall be pro- vided an opportunity to present evidence and az- gument as well as meet adverse testimony or evidence by reasonable cross-esamination and re- buttal evidence. The hearing PYa**+;ner may in its discretion permit other interested persons the op- portunity to present testimony or evidence or oth- arwise participate in such hearing. (c-1) Pra:edure; hearingexaminer. The hearing egaminer shall hear all evidence as may be pre- sented on behalf of the city and the applicant or licensee, and shall present to the council writtzn findings of fact and conclusions of law, together with a recommendation for adverse action.. The council shall consider the evidence con- tained in the record, the hearing eaamine�'s rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing esaminer. After receipt of the hearing esam- iner's findings, conclusions, and recommendations, the councii shall pmvide the applicant or licensee an opportunity to present oral or written argu- ments alleging error on the part of the es�m; in the application of the law or interpretation of the facts, and to present azgument reIated to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the ex�*T++ne�'s findings and recommendations, togeth- er with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shaIl be by resoIution. The,council may accept, reject or modify the &ndings, conelusions and rec- ommendations of the hearing examiner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the,matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's &nal deliber- ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, oraIly or in writing, any information, argument or opinion about the matter, or any is- sue in the matter, to a council member or his or her staff until the counciI has taken finat action on the matt�r provided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures concerning a ticense matter. An interested person, for tbe purpose of this pazagraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a persan who has a&nancial interestin such lieensee. (d) Licensee or applicant may be represented The licensee or applicant may represent himself orchoose, to be represented by another. i , F„ - � �° Supp. No, 27 2�32 �-� LICENSES / 7 y �� ¢ 310.05 .� �°'" o �� (e; Record; evidence. The hearing examiner shali receive and keep a record of such proceed- ings, including testimony and exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative val- ue commonly accepted by reasonable and prudent persons in the conduct of their a$'airs. (f! Couneil actiorc, resolution, to contain find- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition of cronditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Additionat procedures where required. Where the provisions of any statute or ordinance requue additional notice or hearing procedures, such provisions shall be complied with and shall supersede inconsistent provisions of these chap- ters. T'his shall include, without limitation by rea- son of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A415. (h) Discretion to he¢r notwithstanding with- dr¢w¢Z or surrender of ¢pplication or license. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or licensee had been notified of the hearing and potential adverse ac- tion. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a li- cense has been scheduled before the council, a continuation o£the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attomey representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 27 2033 (j) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps ta make sure the no- tice remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or ail of the costs of a eontested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the hear- ing, and the cast of eapert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or harassment; (n) the nature of the violation was serious, or invoived violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the lic- ensee or employees thereof, and/or the circum- stances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfaze; (iv) the violation involved unreasonable risk of harm to w]nerable persons, or to persons for whose safety the licensee or applicant is or was responsibie; (v) the applicant or licensee was su�ciently in control of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required in- surance policies; (vi) the violation is covered by the matrix in section 40926 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of fcnes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such § 310.Q5 LEGISLATIVE CODE amount as the council deems reasonabie and ap- propriate, having in mind the regulatory and en- Forcement puiposes embodied in the particular li censing ordinance. A fine may be in addition to or in fieu of other adverse action in the sole discre- tion of the council. Zb the eatent any other provi- sion of the Legislative Code provides for the im- position of a fine, both provisions shall be read together to the estent possible; pmvided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be controlling. (Cade 1956, § 510.05; Ord. No.17551, § 2, 419-88; Ord No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94) Sec. 31�.06. $evocation; suspension; ad- verse action� imposition of con- ditions. (a) Council may take adverse action. The coun- cil is authorized to take adverse aetion, as de&ned in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as pmvided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 o£the Legislative Code may be initi- ated for the reasons set forth in subsection @) below, or upon aay lawful grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accardance with the procedures outline in section 310.05; provid- ed, however, that the formal notice ofhearing shall be used to initiate the adverse action without tfie use of prior procedural steps. (b) Rasis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The ficense or permit was pracured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the pmvisions of the Zoning Code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the &- eense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the pmvisions of these chapters or of any staLute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal.charges have or have not been brought in connection there- with; b. The licensee or applicant has been con- victed of a crime thaE may disqualify said applicant from holding the license in question under the standards and prceedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a paLtern or practice of conduct of failure to complp with laws reasonably related to the li- censed activity or from whieh an infer- ence of lack of fitness or good character may be drawn. (7) The aetivities of the licensee in the licensed activity created or fiave created a serious danger to the pub&c health, safety or wel- faze, or the licensee performs or has per- formed his or, her work or activity in an unsafe manner. (8) The licenaed business, or the way in which such business is operated, maintains or per- � � �� , Supp. No. 27 2034 LICENSES / � y � � J § 310.06 . :" �� _. � �Er:; x �, �� mits conditions that unreasonably annoy, injure or endanger the safety, heaith, mor- als, comfort or repose of any considerable number of inembers af the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Legislative Code. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meet'sng the definition of criminai sex- ual conduct pursuant to Minnesota Stat- utes Sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreat- ment of a child as defined in Minnesota Statutes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10; 609.321 through 609.3451; or 617246; ne- glect or endangerment of a child as defined in Minnesota Statutes Section 626.557, sub- division 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as de- fined in Minnesota Statutes Chapter 152; the possession of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonabie inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior ap- proval of the city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 27 (12) The licensee or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "appiicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which aze li- censed or proposed to be licensed. With respect to any license for activities entitled to the pmtection of the First Amendment, notwith- standing the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of reasonable conditions ¢nd/or mstrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and(or restrictions may be imposed upon such license for the purpose of promoting public health, safety and weifaze, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment o£urban life, or promoting security and safety in neazby neighborhoods. Such reason- able conditions and/or restrictions may include or pertain to, but aze not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particulaz types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sic) particulaz type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress &om the licensed estabiishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; 2034.1 § 310.06 � � LEGISLATIVE CODE (5) A limitation on the manner and means of (4) The management practices ef the licensee advertising the operation or merchandise ar applicant with respect to each of such of the licensed establishment; licenses; (6) Any other reasonable condition or restrio- tion limiting the operation of the licensed business or estabiishment to ensure that the business or establishment will barmo- nize with the character of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The council map impose such cronditions on Class III licenses with the consent of the license hoider, or upon any class of license as an adverse action against the Iicense or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance, renewal or transfer thereof, or upon and as part of any ad- verse action against a license or licenses, includ- ing suspension. Conditions imposed on a license or licenses shall remain on such licenses when renewed and shall continue thereafter until re� moved by the council in the case of conditions on Class III licenses or conditions imposed by ad- verse action, and by the inspector in the case of Class I and II licenses. (d) Standards for multiple iicense determina- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1) The nature and gravity of the grounds found by the oouncil to exist upon which the ad- verse action would be based; (2) The policy and/or regulatory goals for the particulaz licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationslup of the licenses and their relative importance to the werall busi- ness enterprise of the licensee or applicant; (5) The extent to which adverse action against less than all of the licenses or applications would resutt in di�eulty in enforcing and monitoring the adverse action taken; (6) The hardship to the licensee or applicant that would be caused hy applying adverse action to all licenses or applications; and (7) The hardship and/or danger to the public, or to the public health and welfaze, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No.17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-&89; Ord. No. 17659, § 2, 6-13-89; Ord. No. I7901, §§ 2, 3, 1-I4-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94) Sec. 310.07. Termination of licenses, surety t10II(� incairtin� COIIti'8C�8. (a) Automatic termination, reinst¢tement; rn- sporrsibility of licensee. All licenses or permits which must, hy the provisions of these chapters or other ordinances or laws, be aceompanied by the filing and maintenance of insurance polieies, de- posits, guazantees, bonds or certifications shall automatically terminate on cancellation or with- drawal of said policies, deposits, bonds or certifi- cations. No licensee maq continue to operate or perform the licensed activity after such termina- tion. The licensee is liable and responsible for the filing and maintenance of such policies, deposits, guarantees, 6onds or certifications as are required in these chapters, and shall not be entitled to as- sert the acts or omissions of agents, bmkers, em- ployees, attorneys or any other persons as a de- fease or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates aad files such poli- cies, deposits, bonds or certificaLions mithiu thirty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty C30) days, the applieant must reapply for a renewal of his license as though it were an original applica- tion. � .>, ^r �: �:-_z.�A , � Supp. No. 2? 20342 �`�"��. �� LICENSES 95��55 § 310.09 (b) Bonds and insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- ten 6y surety companies authorized to do business in the State of Minnesota. All in- surance policies required by these chapters shall be written by insurance companies au- thorized to do business in the State of Min- nesota. (2) Approved as to Form: All bonds filed with the City of Saint Paul in connection with the issuance of licenses for whatever pur- pose, and all policies of insurance required to be filed with or by the City of Saint Paul in connection with the issuance of licenses for any purpose whatsoever, shall first be approved as to form by the city attomey. (3) Uniform Endorsement: Each insurance pol- icy required to be filed pursuant to these chapters shall contain the endorsement set forth in Chapter 7 of the Saint Paul Legis- lative Code. (4) Conditions: All bonds required by these chapters shall be conditioned that the lic- ensee shall observe all ordinances and laws in relation to the licensed activity, busi- ness, premises or £acilities and that he shall conduct all such activities or business in conformity therewith. Such bonds shall also indemnify the City of Saint Paul against a11 claims, judgments or suits caused by, re- sulting from or in connection with the li- censed business, premises, activity, thing, facility, cecurrence or otherwise licensed un- der these chapters. (c) �rnzination of bonds and insurance required by city. 'I�rmination of bonds and insurance re- quired to be filed with the city pursuant to these chapters shall be in accordance with the require- ments of Chapter 8 of the Saint Paul Legislative Code. (d) Expir¢tion date to be concurrent with term of Zicense or permit. The expiration date of all such policies, bonds, guarantees or certifications shail be concurrent with the expiration date of the li- cense or permit. (Code 1956, § 510.07) Supp. No. 27 Sec. 310.08. Terms of licenses; uniform dates. (a) All licenses or permits shall be valid for a period of one (1) year from the date of issuance by the inspector, except as othercvise provided herein or in these chapters or in cases of revocation, sus- pension or termination under section 310.06. (b) Licensees may continue to operate their business after the expiration date of their license; provided, that the licensee has filed with the in- spector on or before the expiration date the ap- propriate license application, license fees, insur- ance and bonds. The inspector shall process the renewal application in the manner provided For in this Code. (c? R'henever any licensee is the holder of the two (2) or more licenses of the City of Saint Paul which expire on different dates, the inspector is authorized, at the request of the licensee, to de- termine a uniform date for the expiration of all or any number of such licenses, notwithstanding the term and expiration dates of sueh licenses as orig- inally issued, and notwithstanding any provision as to term of license of any ordinance of the city heretofore or hereafter enacted. The provisions heteof shall govem the issuance of any new li- cense to one already holding a license. (d) In order to conform to the foregoing provi- sions, new licenses may be issued for a term of less than one (1) year, and the license fee thereFor shall be prorated for the period of issuance. (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) Sec. 310.09. Fees. (a) Exempt organizations. The Legisiative Code e%empts certain organizations from paying the cus- tomary license or permit fees or estabiishes a nom- inal fee of less than seven dollars ($7.00). The terms and conditions of such exemptions are stat- ed within the applicable chapters. Such organiza- tions sha11 pay a five dollars ($5.00) minimum pro- cessing fee for each and every application for a license or permit to be issued by the division man- ager, director or council of the city. (b) Fee schedule. The council may by ordinance determine and establish one (1) fee schedule for any or ail licenses and permits issued pursuant to 2034.3 § 310.09 ' LEGLSLATIVE CODE these chapters, and a separate fee schedule for applications for such licenses and permits, which may include fees to cover costs incurred by reason of the late filing. Such fees, in either schedule, shall be reasonably related to the costs of admin- istration incurred in connection with each such app&cation, license or permit. Costs of adminis- tration shall mean and include, but without lim- itation by this specification, both direct and indi- reet costs and eapenses, such as sataries, wages, benefits and all personnel casts including train- ing, seminars and schooling, eapenses of investi- gations and inspections, handling of inquiries and requests for assistance, telephone a¢d crommuni- cations, stationery, postage, paper, reproduction, office capital equipment and all office supplies. Such fee schedules as adopted by ordinance and posted in the office of the inspector shall super- sede inconsistent fee pmvisions in these chapters or in other ordinances or laws. (c) Fee for one year,• may be promted Unless otherwise speci&calty pmvided, the license fee stat- ed is for a period of one (1) year. Such fee may be prorated where a license is issued for a period of Iess than a year. (d) Zate fee. Uniess otherwise specificaily pro- vided by the particulaz licensing provisions in- volved, an applicant for the renewal of a license who makes application for such renewat after the expiration date of sueh Hcense shall be charged a late fee for each such license. The late fee shall be in addition to any other fee or payment required, and shall be ten (10) percent of the annual Iicense fee for such license for each thirty�ay period or portion thereof which has elapsed after the expi- ration date of such license. The late fee shall not eaceed fifty (50) percent of the annual license fee. If any provision of these chapters imposes more stringent or additional requirements for the issu- ance of an original license than would be the case for mere renewal, those requirements must be met when the license has lapsed by reason of egpira- tion. (Code 1956, § 51Q.09; Ord. No. 16884, 2-21-82; Ord. No. 17802, § 1, 1-10-91) Sec. 310.10. Refimds of fees. (a} �fund mhere application withdramn or de- nied; service charge. Unless otherwise speeiScally pmvided by the partieular licensing provisions in- volved, where an application for any license is withdrawn or denied, the inspector shall refund to the applicant the license fee submitted less a service chazge to recover in part the costs in- curred in processing the appIication in tfie amount of twenty-&ve (25) percent of the annual license fee. (b) Limitation orz refund; otlzer cases. In all oth- er cases as pmvided in paragraph (c), the inspec- tor may refund not to eaceed one hundred dollars ($100.00) of fees received in connection with any license, permit or application therefor, provided, that he certify in writing that the amount of the refund represents a sum over and above the rea- sonable costs of administration incurred up to that time in connection with said license, permit or application. The director map refund not to eg- ceed two hundred fifty dollars {$250.00) of such fees upon a like certification by the inspector. The council may by resolution authorize alI refunds upon a like certification by the inspector. (c) Bases for refunds. Refunds under paragraph (b) may be made to the licensee or his estate: (1) Where the place of business of the licensee or his principal equipment is destroyed or so damaged by fire or any other cause that the licensee ceases for the remainder of the licensed period to engage in the licensed activity or business; (2) Where the business or licensed activity ceas- es by reason of the death or illness of the licensee or the sole employee or manager; or (3) Where it has become unlawful for the lic- ensee to continue in the business or ticensed activity other than by revocation, suspen- sion, denial or any cri*�;*+al activitp on the part of the licensee. (Code 1956, § 510.10) � Supp. No. 27 2034.4 r-� r�. �� k .� �i LTCENSES Sec. 310.11. Transfers; general. (a) Licerzse a priailege, not property. All licen- ses or permits issued by the City of Saint Paul pursuant to these chapters or other ordinances or laws confer a privilege on the licensee to engage in the activity or occupation so licensed, and do not constitute property or property rights or cre- ate any such rights in any licensee. No such li- cense or permit may be seized, levied upon, at- tached, executed Upon, assessed or in any manner taken for the purpose of satisfaction of any debt or obligation whatever. (b) Licenses transferable,� conditions. All licen- ses issued by the City of Saint Paul sha11 be trans- ferable unless the specific chapter of the Saint Paul Legislative Code pertaining to each specific license shal] specifica]]y prohibit the transfer of such ]icense. No transfer of any Class III license issued by the City of Saint Paul shall be effective until the council of the City of Saint Paul has approved the transfer following a public hearing by the council's committee designated to hear li- cense matters and a resolution approving said transfer is passed, approved and published. Both the transferor and transferee shall make applica- tion for transfer of a license on such forms as may be prescribed by the division, and in accordance with Section 310.02. (c) Transfer fax In all cases of transfer of a license from a present licensee to any other per- son, there shall be a taac on said transfer in the amount of twenty-£ve (25) percent of the annual license fee charged for said license, said tax to be paid by the transferee. (d) Transfer t¢z; deposit retainzd or returned Whenever an application is made for transfer of a license, the amount as set out in paragraph (c) shall be deposited with said application. If the transfer of license is approved, the amount depos- ited shall be retained by the city. If the transfer is denied, the amount deposited shall be returned to the party depositing the same, in accordance with the requirements and conditions in Section 310.10. (e) Transfer ta,;• exception Paragraphs (c) and (d) shall not apply in any case when, by the terms of these chapters, payment of the ful] annua] li- censee fee or a prorated yearly annual license fee Supp. No. 4 95�� § 330.11 is provided for on the part of the transferee before any transfer of license is made effective by the action of approving the transfer. (fl Transfer; defznizion. "T�-ansfer," as used in these chapters, shall include a transfer from per- son to person, or from place to place, or a transfer of stock in a corporate licensee, or of shares or interests in a partnership or other legal entity. "�ansfer," as used in these chapters, shall not include the instance where a license is held by an individual or partnership and the transfer is by said individual or partnership to a corporation in which the majority of the stock is held by said individual or by the members of said partnership. (g) Assignment and bond to accompany applL cation. In the case of a transfer trom person to person, the application £or transfer shall be ac- companied by a written assignment of all rights of the original licensee in and to the license and shall be accompanied by a surety bond in amount and in form required of an original licensee. (h) Public corporations. Notwithstanding other provisions of this chapter, publicly owned corpo- rations whose stock is traded in the open market may comply with the trans£er requirements per- taining to stock ownership and stock transfer by furnishing the inspector on request with the names and addresses of al] stockholders of record upon each renewal of the license. (i) Affidauit of transferor. No license transfer shall be effective unless the transferor submits an �davit of such transferor, taken under oath, stating the Following: (1) That in the case of Class RI licenses, the transferor-�ant has posted notice to a11 employees in a conspicuous place on the licensed premises notifying all employees of the time, p]ace and date of hearing of the transfer of the license to be held before the Saint Paul City Council; (2) That said notice specified in subparagraph (1) above was posted continuously for four- teen (14) days; (3) That transferor has paid all wages due and owing the persons employed by the trans- feror or that an agreement has been reached 2035 § 310.11 LEGLSLATIVE CODE between transferor and all employees as to the payment of wages due and owing; (4) That transferor has made payment to all employees in Iieu of vacation time eazned by said employees or in lieu thereof an agreement has been reached between trans- feror and all employees as to payment in lieu of vacation time eazned; (5) That transferor has satisfactorily and com- pleteiy complied with his contractual obli- gations pertaining to employer contributions to employee benefit programs which include, but are not limited to, pension programs, hospital, medical and life iiisarance programs, profit-sharing programs and holiday pay benefits. (j) Dece¢sed Iicensee. Notwithstanding any other procision of these chapters, in any case where a liquor license is held by a person not incorporated and where Lhe 2icense would, by reason of the death of said licensee, lapse to the city in the absence of this paragraph,the authorized repre- sentative of the estate of the deceased licensee may consent to and seek to transfer said license to the surviving spouse of the licensee. The trans- fer shall be subject to all applicable requirements of these chapters and existing law. (k) No ¢pproaal under certairz conditions The council shall not approve any transfer where ei- ther party has not complied with the terms of any contract or agreement regazding employee bene- fit or fringe benefit programs; including, but not limited to, pension, hospitalization, medicaI and ]ife insurance, profit-sharing or holiday pay gro- grams; provided, that any person or organization objecting to a transfer because of failure to pay employee benefit or fringe benefit programs shall fle a cvritten notice of objection crith the license inspector seven (7) days prior to the scheduled public hearing on the transfer, and said notice shall contain a complete itemization of the objec- tor's ciaim. (1) Transfer of more than one license if one is CZass III. If an application is made to transfer more than one license at the same time, the in- spector may, if one of the licenses is a Class III license, handle all said licenses as Class III Iicenses. Supp. No. 4 (Code 1956, § 510.11; Ord. No.16822, 9-3-81; Ord. No. 17551, § 3, 4-19-88) Sec. 310.12. Inspection of premises. The premises, faciIities, pIace, device or any- thing named in any license issued pursuant to any provision of the Saint Paul Legislative Code or other law shall at all times while open to the public or while being used or occupied for any purpose be open also to inspection and examina- tion by any police, fire, or health officer or any building inspector of the city, as well as the inspec tor. (Code 1956, § 510.12) Sec. 320.13. Renewal. Every license renewal under these chapters may be denied for any licensee who is delinquent in any payment or contribution to a health and k fare trust or pension trust, or similar program, established for the benefit of his emplo}•ees. (Code 1956, § 510.13) Sec. 310.14. Savings clause. (a) If any provision in these chapters is held unconstitutional or invalid by a court of compe• tent jurisdiction, the invalidity shall extend only to the provision involved and the remainder of these chapters shall remain in force and effect to be construed as a whoIe. (b) The repeal of any ordinance by ihis ordi- nance (which enacts the Uniform License Ordi- nance) shall not affect or impair any act done, any rights vested or accrued, or any suit, proceed- ing or prosecution had or commenced in any mat- ter, prior to the date this ordinance became effeo- tive. Every such act done or right vested or accrued shall remain in full force and effect to all intents and purposes as if the repealed ordinances had themselves remained in force and effect. Every such suit, proceeding or prosecution may be con- tinued after repeal as though the repealed ordi- nances were fully in effect. A suit, proceeding or prosecution which is iaased upon an act done, a right vested or accrued, or a violation committed prior to repeal of the repealed ordinances, but which is commenced or instituted subsequent to repeal of the repealed ordinances, shall be brought 2036 � � �* ,"- _ �-':, � �. � " pursuant to and under the provisions of such re- pealed ordinances as though they continued to be in fuli force and effect. (Code 1956, § 510.14) Sec. 310.15. Penalty. Any person who violates any provision of these chapters, oz other ordinances or laws relating to licensing, or who aids, advises, hires, counsels or conspires with or otherwise procures another to violate any provision of these chapters or other ordinances or laws relating to licensing is guiity of a misdemeanor and may be sentenced in accor- dance with section 1.05 of the Saint Paul Legis- lative Code. The term `person," in addition to the definition in section 310.01, shall for the purpose of this section include the individual partners or members of any partnership or corporation, and as to corporations, the officers, agents or members thereof, who shall be responsible for the violation. (Code 1956, § 510.15) Sec. 310.16. Reserved. Editor's note Sectian 31016, pertaining to license fees and annual iacreases, aad derived from Ord. No. 16885, adopb ed Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and Ord. No. 17303, adopted Oct. 29, 19&5, was repea]ed by Ord. No. 17884, § 1, adopted Nov. 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, man- ager or agent of a licensee, or by any person pro- viding entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other azea ad- jacent to (or under the lease or control ofl the licensed premises, and which act or conduct vio- lates any state or federa] statutes or regulations, or any city ordinanee, shall be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the e�ctent this section is in conflict with sections 409.14 and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shall not other- wise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-31-89) Supp. No. 28 95��'�5 LICENSES Sec. 310.18. License fee schedule. § 310.18 Notwithstanding the grovision of any other or- dinance or law to the contrary, the following fees are hereby provided for all the licenses listed here- in. These fees supersede all inconsistent provi- sions, including, but not lunited to, graduated fee provisions, in these chapters and in other ordi- nances and laws, and include the fee for the li- cense application as part of the license fee; pro- vided, however, that this section does not amend or modify sections 310,09(a) or 310.09(d) of the Legislative Code with respect to exempt organi- zations or late fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the office of the director of the office of license, inspections and environmental protec- tion. These fees shall be effective for license re- newais and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, how- ever, that with respect to all licenses whose re- newal dates occur after the effective date of this new schedule,there shall be no increasesin, nor offsets or refunds of, the e�sting fees paid, or due and owing. (a) ENFORCEMENT LEVEL 1 Chapler/Section No. License Description Fee 167 Commercial Vehicle $66.00 316 Aaimal Foods Managemeat & 7Jis- tribution 66.00 317 Amusement Rides 66.0� 323 Christmas 7Yee Sales 66.00 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Statioa 66.00 331 Beverage Uehicle 66.00 332 Liquid Fuel Vehicle 66.00 333 Solid Fuel Vehicle 66.00 336 Private Fuel Pump 66.00 339 Ice Cream Vehicle 66.00 340 Mercanti]e Broker 66.00 345 Peddler (Solicitor/'lYansient) 66.00 34S Rental of Clothing & Vehicle 66.00 349 Rental of Clothes Attire Vehicle 66.00 35�.02 Rental of Hospitai Equipment 66.0� 350.02 Reatal of Hospital Equipmeat Ve- hicle 66.00 351 Rental of Kitcheaware 66.00 353 R.oller Riaks 66.00 355.01 Secondhand Dealer- (a) & (b) Single Location 66.00 2037 § 310.18 , LEGISLATIVE CODE Ch¢pterlSection No. Lrc�ense Description 357.03 359 371 361.14 362 372 376.16(d) 377 380 382 412 414 424.02 Refuse FlaulerEach Vehicle Over Oae Sound 1Yvcks & Broadcast Vehi- etes �nishing Shop 1bw 2Yuck/Wrecker Vehicle 7Yee 1YimmerAdditional Uehicle 15re RecapPing Plant Taffirab Driver (new) 7awn Fertilizer & Pesticide Ap- plication Tanning Facility Pet Grooming Massage Center (Class B) Massage Therapist Gasoline FSUing Stations (h) ENFORCEMENT LEVEL 2 Chapter/Section No. L'uense Aescription 320 321.03 322.03 (a) & @) 324 326 327 332 333 334 338 342 347 352 354 355.01(c) 356 362 364 355.02 367 378 379 401 405.02(a) 406 408 412 415.04 416 426.04 Bitumiaous Contractor Rooming & Boazdinghouse Bowling Center & Pool Halls OSBarettes Buildiag Contractors I,aundry & Dry CIeaniag Plaats Flte] Dealera-Liquid F�el Dealers-Solid Pest Control House Semer Contractozs Oil Bulk Storage Pet Shop Rental of 1Yailers Sanitazy Dispossl Business Secondhand Dealer-Eahibitions Sidewalk Coatractors 7Yee "mmino Veterinary Cliaic Window Cleaning Tattoo Pazlors Bed & Brnakfast Residence Lock Openiag Services Motorcycle Dealer Dance Hall Game Room liecycling Collecrioa Center Massage Center (Class A) Theaters and Mavie T6eaters Motion Picture Drive-in Theater Cabaret (Class A & B) (e) ENFORCEMENT LEVEL 3 Fee 66.00 66.OD 66.D0 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 Chapter/Section No. License Description 354 355.01(d) 357.03 360.03 360.03 361.14 376.04 401.02(a}(1} 401.02(a) 401.02(a)(5) 401.02(a)(2) 407.03 407.03 412 423 415 Fee 417.04 (1}- (6) $164.00 422 164.00 423.02(b) 427 164.00 164.00 164.00 164.00 is4.00 164.00 164.00 164.00 164.00 I64.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 164.00 Sanitary Disposal Vehicle Secondhand Dealer-Mukiple Deal- ers gefuse Haulu & Yehicle Public S�a��?+g Pools Whirlpaols 7bw Truck Operator Ta�ricabs New Motor Uehicte DeaIer Motoz Vehicle Parts Dealer SecondLand Dealer Motor Vetucle Parts Secoadhand Momr Vehicle Dealer HoteUMotel-1b 50 moms Hotel-Each additional room wer b0 Massage Center (Class C) Convezsation/Rap Pazlur (A & B) Mini-Motioa Picture Theater- Adult Pazking Lots 42S Motor Vehicle Salvage Deaier Auto Body Repair Gazage Health Sports Clubs (Class A & B) Steam RoomBath House (A & B) (d) ENFORCEMENT LEVEL 4 Chapter/Section No. Luense Description 331.04 331.04 331.04 331.04 331.04 331.04 331.04 331.04 331.Q4 832.04 Bakery (A) Bakery (B)-Add on Butchez (A) Butcher (B)-Add on Catering (A)-Limited Catering B)-FuIl Catering (C)-Add on Day Caze Food (A) Day Care Foad (B) Food Frocessoz/Distributor/Wue- house Food S2lvage Food Vehicle (L� Food Vehicle (B) Food Vending Machine Food Vending Operawz Food Warehouse/Distributnr Food/Boaxding Facility Food/fnstitutional Facility Grocery (A) Grocery (B) Grocery (Cl-To 2,000 sq. ff. Fee $317.D0 317.00 317.00 317.00 317.00 317.00 317.00 327.OQ 317.00 327.00 317.00 317.00 319.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 317.00 Fee $135.00 69.00 135.00 85.00 Z01.00 252.00 180.00 5.00 5.00 135.00 150.00 67.00 60.00 15.00 60.00 s7.00 135.00 5.00 5.00 83.00 150.00 � �.;: �K Supp. No. 28 2038 95--��5 ��* ": ��' Chapter/Seciion ATO. Licerese Descripiion Grocery (D)-More thaa 2,000 sq. ft. 331.04 Mobile Food Mobile Food-Limited 331.04 Original Container 331.04 Restaurant (A)-0.-12 seats Restaurant B)-More than 12 seats Restaurant (C3-Limited Restaurant (D)-Add oa Restaurant (E)-Extension 331.04 Special Event Food Sales-l-3 days Special Event Food Sales-4-14 days Special Event Food Sales-Aanual Special Event Food Sales-Fee Waived 339 Ice Cream Products, Process & Distributioa (e) ENFORCEMENT LEVEL 5 ChapterlSection No. License Descripfion 409 Intoricating Liquor 409.05(b)(1) On-Sale--Over 200 seats 409.05(b)(2) OnSale-Over 100 seats 409.05(b)(3) On-Sale-100 seats or less 409.25(b) Temporary Liqvor 409 Oa-sale Club--Under 200 mem- bers On-sale C1u�201-50� mem6ers On-sale Club--501-1,000 mem- bers On-sale Club-1,001-2,000 mem- bers oa�sle Club-2,001-4,00o mem- bers On-sale Club--4,001�,000 mem- bers On-sale Club--6,000+ members 409A5(e) Off-9ale 409.07(b)(2) Sunday On-Sale 409.11(a)(S) Extension of Service 409.15(b) Wine On-Sale 409.25 Temporary Wine 410.02 On-Sale Malt (Strong) 410.02 On-Sale Malt (32) 410.02 Off-Sale Malt 410.10(a) 1�mporary Malt 411.03 Entertainment-Class A 411.03 Entertainmen�Class B 411.03 Entertainmenb--Class C 411.03 Entertainment Temporary Supp. No. 28 LICEt�SES § 310.19 (fl EI3FORCEMEI3T LEVEL 6 Fee Chapter/Seciion No. License Description Fee 159.00 135.00 50.00 41.00 201.00 405.00 60.00 305.00 50.00 92.00 119.00 146.00 5.00 172.00 Fee $5,050.00 4,650.00 4,200.00 46.00 297.00 497.00 647.00 �97.00 997.00 1,997.00 2,997.00 1,000.00 200.00 53.00 1,385.00 46.00 445.00 445.00 89.00 46.00 217.00 527.00 2,500.00 27.00 127 Courtesy Benches $ 20.00 167 Commercial Vehicic Replace- ment 15.00 225.08 Firearms 44.00 278 Gambling Hall 354.00 318 MAD Operator with up to 10 583.00 Each MAD over 10 42.00 Music Machine 44.00 funusement Rides to 10 301.00 Amusement Ride over 30 28.00 T.V. Units per ]ocation 25.00 341 Single Service Container 445.0� 344 Pawn Shops 2,500.00 345 'Itansient Merchant 65.00 376.16 Ta�ticab Driver Reoewal 21.00 T'axicab Driver Duplicate 6.00 Taaicab Duplicate Plate 16.00 Taxicab Vehicle Replacement 44.00 391 Solicitiag Funds-Tag 4ays 21.OQ 401 Secondhand Dealer Motor Vehicle Parte-second location 87.00 402 Temporary Gambling (3 types) 21.00 403 Bingo Ha]]s 1i9.00 409.24(I) Gambling Manager 66.00 409.05(j) Gambling Locatioa-A 66.00 409.05(j) Gamhling Location-B 66.00 409.05(j) Gambling Location-C 66.00 409.04(gH5) Modification of Pazking 375.00 357.03 Solid Waste R�ansfer Statioa 1,500.00 408 Recycliag Processing Center 750.00 414 Massage Therapy-Practical E�ra- ination Fee 60.00 414 Massage Therapy-Written Exam- inatiou Fee 20.00 429 Infectious Waste Processing Facil- �ty 1,500.00 (C.F. No. 92-1742, § 1, 12-8-92; QF. No. 93-1650, § 1, 12-9-93; C.E No. 94-2Q1, § 1, 3-16-94; C.F. No. 94-1447, § 1, 12-14-94) Sec. 310.19. Discount from on-sale intoaicat- ing liquor license fees. A discount will be provided for on-sale liquor licenses and shall reduce such fees mentioned in section 310.18 by approximately seven (7) per- eent, in the exact amounts as further provided herein, contingent upon each of the following con- ditions: (1) Driver's Zicense guide; compil¢tion of laws. The licensee shall maintain on the prem- 2039 § 310.19 � . -� LEGISLATIVE CODE ises,in a location accessible at all times to all employees of the licensed establishment: a. A current driver's license guide, which shall include license specifications for both adults and minors for each state (including Canadian provinces), and shall list such information from at least five (5) years prior to the present date; and b. A current compilation of the laws re- lating to the sale and possession of al- coholic beverages in the State of Min- nesota as outlined in Chapter 7515 of the State of Mianesota Rules and Chap- ter 340A of the Minnesota Statutes. This compilation must also include Chapters 240 through Z46, 4d9 and 410 of the Saint Paul Legislative Code. (2) Signage. The licensee shall maintain on the premises, in all customer areas, cuttent sig- nage relating to underage consumption of aIcoholic beverages, and reiating to driving uader the influence of alcohol. One (1) sign must be lxated behind the baz, and one (1) sign must be present in each additional room or sechion within the lounge area in which the writing on the sign behind the baz is not cleazly legible. The sign(s) must have dimensions of at least one (1} foot by one (1) foot with letters at least one-half (�/z) inch in height. All signs must be com- fortably readable from a distance of fifteen (15) feet. (3) Contract wifh security agency. a. Generally. The licensee shall partici- pate in a training program with an ap- proved private security agency, firm or association (hereafter "security agen- c�') which is selected and contracts with the City of Saint Paul for the purpose of pmviding investigations and train- ingto the licensee pursuantto tliis sub- section. The city contract shall provide (i) that the security agency shall not be reimbursed by the city, but that it shall rewver its costs and profit by fees col- lected from the licensees which choose to receive the training program and in- � c. vestigative services, and (ii) that the security agency shall charge the same amount to all licensees wfio choose to receive such services, so that all such licensees aze treated equally and with- out discrimination. Investig¢tion. The contract with the cit3' shall provide for and require one (1) or more investigations by the security agency each calendaz year into the prac- tices of the licensee with respect to (i) age identification of customers in order to prevent sales of alcroholic beverages to minors, and (ii) preventing the sale of alcoholic beverages to persons who aze obviously intofficated. The contract shall require that the security agency disclose the results of all such investi- gations to both the licensee and, at no cost to the city, to the office of license, inspections and environmental grotec- tion, within ten (10) days after such investigations aze concluded. Failure to do so will be grounds for adverse action against the licensee's ticenses. The con- tract shall require that all such inves- tigations shall include unannounced and random attempts by minors to pur- chase alcoholic beverages in the li- censed premises, and surveillance with- in the licensed premises. The security agency shall employ reasonable mea- sures to minimize or eliminate con- flicts of interest in providing and re- porting on investigations of licensees. Training. The contract shall also pro- vide for alcohol awazeness training by the security agency of all officers, em- ployees or agents of the licensee who work in the licensed premises at least once during the caIendar yeaz. Ail new- ly hired:employees or new officers or agents hired during the calendaz year shall receive such training within four (4) weeks following their hiring, and shall not work ia the premises after that four-week period until they have received such training. � Supp. No. 2S 2040 � `-_ .% LICENSE$I � a � r � � � 311_02 d. Stand¢rds for approu¢l. In addition to the requirements specified elsewhere in this subsection, the security agency and its investigations and training must meet or exceed the following: 1. The alcohol awareness course shall cover all of the topics listed herein. 'I`he content of each training course shall include, but need not be lim- ited to: (a) Pertinent laws and ordananc- es regazding the sale of alco- hol. (b) Verification of age, forms of identification, and forms of false or misleading age iden- tification. (c) The effect of alcohol on hu- mans and the physiology of al- cohol intoxication. (d) Recognition of the signs of in- to�cation. (e) Strategies for intervention to prevent intoxicated persons from consuming further alco- hol. (� The licensee's policies and guidelines, and the employee's role in observing these poli- cies. (g) Liability of the person serving alcohol. (h) Effect of alcohol on pregnant women and their fetuses, and in other winerable situations. 2. The security agency shall have a minimum of two (2) years actual exgerience in alcohol awareness training. The courses may be giv- en by one (1) or more instructors, but each instructor must have a formal education and/or training in each area they teach. The courses may be supplemented by audio- visual instruction. 3. The security agency shall have suf- ficient personnel and physical re- sources to provide an alcohol Supp. No. 29 awareness training course to new- ly hired emplayees within four (4) weeks after their hiring by the lic- ensee with whom there is a con- tract. The fees after credit for the discount sha11 6e on-sale liquor over two hundred seats: four thou- sand seven hundred dollars (w�4,700.00); on-sale liquor over one hundred (100) seats: four thou- sand three hundred twenty-five dollazs ($4,325.00); and on-sale liquor up to one hundred (100) seats: three thousand nine hundred dollars ($3,906.00}. (C.F. No. 94-1447, § 2, 12-14-94) Chapter 311. Public Telephones; Licensed Premises Sec. 311.01. General; definitions. This chapter shall apply to any business li- censed by the City of Saint Paul where a tele- phone accessible to the public is located on the licensed premises. The term "licensed premises" sha11 mean and include, £or the purposes of this chapter, all the property, k�hether in or out of a building or structure, which is (a) used for the licensed activity, (b) under the ownership, control or management of the licensee, or leased to the licensee, if such property is adjacent to, or in rea- sonably close proximity to, the premises in which the licensed activity occurs. The term `licensee" shall mean and include, for the purposes of this chapter, the licensee and the manager of the li- censed business; and if the licensee is a corpora- tion, partnership or other entity, the term "licens- ee" shall also inciude each o�cer, director, shareholder, partner, executive and manager of such corporation, partnership or other entity. (C.E No. 95-64, § 1, 2-8-95) Sec. 311.02. Responsibility of licensees. It is the responsibility of every person holding a license issued by the City of Saint Paul as a con- dition of that license and its continuation to take adequate measures to insure that every telephone on the licensed premises is not used for the pur- pose of distribution, sale, use or possession of con- trolled substances, prostitution or other criminal 2040.1 § 311.02 LEGISLATIVE CODE activity. Failure to comply with the terms and re- quirements of this chapter shall be grounds for adverse action. (C.F. No. 95-64, § 1, 2-8-95} Sec. 311.03. Designation of problem tele- phones. The director of the office of license, inspections and environmental protection may by written or- der designate one (1) or more public telephones Iocated on the licensed premises of any licensee as a problem telephone. Such designation shall be based upon evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct oftheir affairs, which shows that one (1) or more of the following conditions eacist: (a) The telephone is regularly or frequently used to further the distribution of controlled substances, pmstitution or other criminal activity. (b) The unrestricted use of the telephone (i) contributes to loitering or congregation in the area or disturbs the peace, quiet or per- sonal safety of other persons in the azea, or (ii) contributes to the existence of a nui- sance as defined in section 310.17(c) of the Saint Paul Legislative Code. (c) The telephone is detrimental to the pub&c safety. (d) The telephone unreasonably interferes with the flow of pedestrians or vehicular traffic. (e) The telephone unreasonably interferes with the use of crosswalks, traffic signs or sig- nals, hydrants or mailboaes. ( fl The telephone unreasonably interferes with ingress or egress firom any residence or place of business. (g) The telephone is deemed by the traffic en- gineer to be a safety concem or hazazd. (h) The telephone is considered excessive giv- en the number of other public telephones in the area and that the aggregate number of public phones contribute directly to any con- ditions listed in subsections (aJ through (g) above. (C.F. No. 95-64, § 1, 2-8-95) Sec. 311.04. Procedure for desigaation of a problem phone. (a) Before issuing an order designating a prob- lem telephone under section 311.03, the director or his/her designee shail conduct an informal hear- ing to determiae whether a particular telephone is a problem telephone and, if so, what measures can be taken to correct the condition. The infor- mal hearing shall be preceded by at least tea t20? days' written notice to the licensee and the owner of the public telephone at the address indicated on the subject telephone, describing the time, place and subject matter of the hearing. The director or his/her designee may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. (b) Upon a finding of fact that the pazticular telephone is a problem telephone, the director or his/her designee may issue an order, which shall be in writing and addressed to the owner of the tetephone and ta the ticensee, to take and keep in force one (1) or more oF the following remedial measures including, but not limited to, the follow- ing: (1) Modifications to the public telephone through use of e�sting technology to pre- vent persons from using the telephone to facilitate criminal activity. (2) Installation of a lockup telephone in pIace of the effisting telephone, or of devices that effectively prevent the use of the telephone except under the supervision of the licens- ee or Iaw enforcement authorities. (3) Modifications to the telephone to prohibit the reception of all incoming calls. (4) Mwemeat of the telephone to a different location on the licensed premises. (5) Modifications to the telephone thmugh the use o£existing technology to prevent its use for calls to pagers and/or celtular telephone numbers. (6) Modifications to the telephone to prevent its use by.payment in coins, and/or restric- tions on tke provision of coins suitable for use in the telephone by the licensed busi- ness and its employees, manager and own- er � Supp. No. 29 20402 .�� :�� rt�n;:' �.. LICEtiSES d. Other conditions enumerated in sec- tion 310.06(c) of the Legislative Code. Such conditions may be imposed on, re- vised or added to any extended service li- cense at any time, without compliance with the formal contested case hearing proce- dures an section 314.05 of the Legislative Code. The licensee or applicant shall be giv- en an opportunity to be heazd before the council on such conditions. (d) Downtown business district. Applicants for extended service license located in the downtown business district shall not have to comply with the notice, hearing and consent requixements in sec- tion 411.04(b) for either the license itself or the provision of entertainment under an er.isting en- tertainment license during the extended service hours. Class C entertainment cannot be provided during the hours of extended service hereunder. For the purposes of this section, the downtown business district shall be and include ail that por- tion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to PleasantAvenue, Pleas- ant Avenue to Kellogg Street, Kellogg Street ta Summit Avenue, Summit Avenue to Tenth Street, Tenth Streetto Interstate Freeway 94,Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Shepard Road, Shepard Road to Chestnut Street. (C.F. No. 941658, § 1, 12-28-94) Sec. 409.08. Regulations generally. All licensees hereunder are hereby required to observe the following regulations; pro��ided, how- ever that any such regulation which specifically refers to an on-sale licensee shall not bind an off- sale licensee, nor shall any regulation which spe- cifically refers to an off-sale licensee bind an on- sale licensee: (1) All sales shall be made in full view of the public. (2) A"minor," as used herein, is any person under the age of twenty-one (21) years. a. No licensee, or agent or employee there- of, shall serve or dispense upon the li- Supp. No. 28 2180.1 95�°�� § 4�9.08 � c. fQ censed premises any intoxicating li- quor to any minor; nor shall such licensee, agent or employee permit any minor to be furnished with or to con- sume any such liquor on the licensed premises; nor shall such licensee, agent or employee permit any minor to be de- livered any such liquor. No minor shall misrepresent his or her age for the purpose of obtaining intox- icating liquor nor shall he or she enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or deliv- ered to him or her far consumption of any such intoxicating liquor or beer nor shall any such person purchase, at- tempt to purchase, consume, or have another person purchase for him or her any intoxicating liquor oz beer. No minor shall induce any person to purchase, procure or obtain intoxicat- ing liquor for him or her. Proof of age for purposes o£consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or pos- session of which is regulated by age, may only be established by a valid driv- er's license or a Minnesota Identifica- tion Card issued pursuant to Minneso- ta Statutes, Section 171.07, or, in the case of a foreign national, by a valid passport. (3) No sale shall be made in any piace or in part of a building where such sales are pro- hibited by state law or this chapter. (4) No person under eighteen (18) yeazs of age may be employed in a piace where intoxi- cating liquor is sold for consumption on the premises, except persons under eighteen (18) years of age may be employed as mu- sicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell intoxicating liquor and may be employed as waiters or waitresses at a restaurant, hotei or motel where only wine is sold; provided, that the person under the age of eighteen (18) may not serve or sell any wine. § 409.08 LEGISLATIVE CODE (5) Every licensee is hereby made responsible for the conduct of his place of business and required to maiatain order and sobriety in such place of business. (6) No licensee shall keep, possess or operate, or permit the keeping, possession or oper- ation of, on any licensed premises or in any room adjoining the licensed premises any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein (whether or not licensed by the state), nor permit the licensed premises or any room in the same or in any adjoining building directly or indirectly under his con- trol to be used as a resort for pmstitutes or other disorderly persons, eaccept that pull- tabs and tip-boards may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statutes, Chapter 349, and conducted pursuant to regulations coatained in this Legislative Code. This exception shall not apply to es- tablishments licensed by the city for the sale ofnonintoxicating malt beverages, non- into�cating malt beverages and wine, and nonintoxicating malt beverages and wine as menu items only. Notwithstanding other provisions of this Legislative Code to the contrary, the coun- cff may permit an on-sale Iicensee to permit the holding of a single event, such as a ban- quet, that includes the sale of raffie tickets as a pazt of the event activity; provided, that such events aze sepazate from the pub- lic azeas of the licensed establishment, not open to the general public, and the raffie conducted by a charitable organization li- censed by the State of Minnesota. (7) No dancingwherein the public participates, �a no a��g singing or other vaudeville exhibitions or entertainment shall be per- mitted on the premises of any on-saie lic- ensee unless such premises are duly li- censed for entertainment. Each on-sale licensee shall be responsible for all enter- tainment of any kind that is provided on the licensed premises, and by others on property in the same buiIding as the li- censed premises which the on-sale licensee owns or has the right to control, when snch pmperty has been leased or othercvise made available to another (hereafter, `�ental prop- erty�'). Each such on-sale licensee shall take reasonable and adequate steps to prevent entertainment and other activities on the rental property from violating any provi- sion of law including, but not Iimifzd to, the noise regulations in Chapter 293 of the Leg- isiative Code, and to prevent the conduct of persons present at or Ieaving the rental property from causing a nuisance in the community in the immediate area of the rentaI property. Such steps may inciude written lease agreements, conditions in each lease agreement for the rental property whicfi require the provision of security guazds, the limitation of the hours during which entertainment may take place, the termination of entertainment upoa the re- ceipt of two (2) or more noise complaints by the police, and consent for inspection of the rental property by the police or license di- vision at times when the rental property is in use. Notwithstanding such steps, the on- sale licensee shall be subject to adverse ac- tion for entertainment and other activities taking place on the rentaI pmperEy or on the licensed premises which violate the pro- vision of any law or ordinance, or which constitute a nuisance. (8) The iicense issued to said &censee shall be posted in a conspicuous place in that por- tion of the premises for which the license has been issued. (9) No person shall remain in or loiter in the parking lot of an on-sale licensee after the lawful closing hour. (10) When a licensee is notified by the police department that a pazade will be held with- in one (1) block of the licensee's establish- ment, ali 6eer and all into�cating liquor or liquid of any type sold during the entire day of said pazade shall be sold only in plas- tic or paper containers. In addition, upoa receiving such notice, the licensee shall place a person at each entrance and each exit of the establishment at least one (1) hour prior to the time of parade, and the -rjs� Z Supp. No. 28 21802 � � � � � � � �%� (11) (12) licensee shall require a person to remain at those locations until one (1) hour after the parade, to ensure that patrons do not enter or exit with beer or intoxicating liquor. When an e�cisting building is concerted to on-sale intoxicating liquor purposes, exist- ing off-street pazking facilities which serve the building shall be provided with a visual screen where the parking facility adjoins or abuts across an alley any residential use or residential zoning district. The screen shall be between four and one-half (4�/z) and six and one-half (6�/z) feet in height and of suf- ficient density to visually separate the park- ing facility from the adjacent residential use district. The screen may consist of various fence materiais, earth berms, plant mate- rials or a combination thereo£ Access by patrons to the parking facility from an ad- jacent alley should generally be prohibited. No person sha11 give, sell, procure or pur- chase intoxicating liquor to or for any per- son to whom the sale of into�cating liquor is forbidden by law. LICE\SES § 409.085 provision shall not apply to any religious corporation, association or society with re- spect to membership or access based on re- ligion, where religion is a bona fide quali- fication for membership or access. A ciolation of the foregoing shall constitute sufficient grounds for adverse action against the license or license application, including revocation or denial of the license. (Code 1956, § 30823(1)--(10); Ord. No. 17015, 428-83; Ord. No. 17043, 8-9-83; Ord. No. 17173, 10-23-84; Ord. No. 17321, § 2, 12-31-85; Ord. No. 17368, § 1, 6-24-86; Ord. No. 17436, § 1, 2-24-87; Ord. I3o. 17460, § 1, 5-28-87; Ord. No. 17473, §§ 1, 2, 7-7-87; Ord. No. 17657, §§ 8, 12, 6-8-89; Ord. No. 17676, § 3, 8-24-89; Ord. No. 17705, § 2, 1-16- 90; Ord. No. 17901, § 9, 1-14-92; C.F. No. 93-1324, § 1, 11-23-93) Sec. 409.085. Safety in on-sale establish- ments. This section applies to on-sale licenses for the sale of intoxicating liquor. (a) Notice to chief of police. The licensee shall, within thirty (30) days following November 4,1994, notify the chief of police in writing if any firearms as defined in section 225.01 of the Legislative Code are kept on or within the licensed premises. Such notice shall include a description of each firearm and the location where it is kept on the licensed premises. Thereafter, the licensee shall notify the chief of police if there are any additional firearm or firearms, or changes in the location, number or description of each such firearm listed in the first notice, kept on or within the licensed premises, within five (5) days following any such change. The licensee is responsible for ensuring that the notification given to the chief is updated and ac- curate with respect to any changes in kind, num- ber or location of firearms kept on or within the licensed premises. (13) No person shall m� or prepare into�cating liquor for consumption, or consume it, in any public place not licensed in accordance with this Code and the State of Minnesota. (14) No into�icating liquor shall be sold or con- sumed on a public highway or in an auto- mobile. (15) Each on-sale licensee shall have the respon- sibility of taking reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can or glass containing any alcoholic 6everage, and the failure to do so may subject such licensee to adverse action against his or her license. (16) No person, group or association applying for or holding a license under this chapter shall restrict membership in its club or or- ganization, or restrict access to the licensed premises or any facilities of such person, group or association, on the basis of race, creed, religion, sex, national origin or an- cestry, age, disability, marital status or sta- tus with respect to public assistance. This Supp. No. 28 (b) �aining. The licensee shall, with respect to all employees who (1) are authorized to use a fire- arm on the licensed premises and (2) who are not prohibited by law from using such firearm, pro- vide training in firearms safety and the lawful use of deadly force, as well as in procedures for main- taining order and peace on the licensed premises 2180.3 § 409.085 LEGISLATIVE CODE by methods other than use offirearms and/or dead- ly force. The training required by this subsection shall be acceptable to the chief of police and pro- vided for ait existing emp2oyees cvithin ninety (90) days following November 4, 1994, and for future employees within sixty (60) days following their employment. (C.F. No. 94-859, § 2, 10-5-94) Sec. 409.09. Certain segual conduct prohib- ited. The following acts or conduct on licensed prem- ises aze unlawfiil and shall be punished as pro- vided by section 1.05 of the Saint Paut Legislative Code: (1) (2) (3) (4} To employ or use any person in the sale or service of alcohoIic beverages in or upon the licensed premises while such person is un- clothed or in such attire, costume or cloth- ing as to expose to view any portion of the female breast below the top of the azeola or of any portion of the pubic hair, anus, cIeft of the buttocks, vulva or genitals. To employ or use the services of any hostess while such hostess is unclothed or in such attire, costume or clothing as described in subpazagraph (1) above. To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person. To permit any employee or person to wear or use any device or covering egposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. (5) 'Ib permit any person to perform acts of or acts which simulate: a. With or upon another person sexual in- tercourse, sodomy, oral copulation, flag- ellation or any sexual act which is pro- hibited by law. b. Masturbation or bestiality. c. With or upon another person the touch- ing, caressing or fondling on the but- tocks, anus, genitals or female breast. d_ The displaying of the pubic hair, anus, vulva, genitals or female breast below the top of the areola. (6) To permit any person to use arti&eial de- vices or inanimate objects to depict any of the prohibited activities described above. (7) To permit any person to remain in or upon the licensed premises who exposes to pub- lic view any portion of his or her genitals or aaus. (8) To permit the showing of film, still pictures, electronie reproduction or other visual re- productions degicting: a. Acts or simulated acts of segual inter- course, masturbation, sodomy, bestial- ity, oral copulation, �agellation or any se�cual act which is prohibited by law. b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. Scenes wherein a person displays the vulva or the anus or the genitals. d. Scenes wherein artificial devices or in- animate objects are employed to de- pict, or drawings are employed to por- tray, any of the prohibited activities described above. (Code 1956, § 30823(11)) Sec. 409.10. $estrictions on licenses. When a reasonable basis is found by the council to impose reasonable restrictions upon a license held under this chapter, the council, upon issuing a new license or renecving a license or approving a transfer of a license, may impose reasonable con- ditions and restrictions pertauiing to the manner and circumstances in which the business shall be conducted to preserve the public peace and pro- tect and gromote good order and security. These reasonable conditions or restrictions may pertain to: (1) A limitation as to the hours when intoxi- cating liquor may be sold and/or consumed on the licensed premises; (2) A limitation and restriction as to the exact location within a building where into�cat- ing liquor will be served and/or soId and/or conswned; +� * ��. r r> �,.� «�' t � Supp. No. 28 2180.4 „� LICENSES 9 5 ” � � � § 409.24 �� }� � � for lawful purposes, that the calendaz-year total of contributions received as a result ofits status as an eligible recipient does not exceed the allow- able amount under the ordinance, that it does not operate any gambling activities, and that no such contribution or any previous contribution will be or has been used for capital expenses, salaries or travel eacpenses except as may be allowed herein. (g) Limit¢tions on ¢ward and use of funds. Funds may not be used for capital expenses, ex- cept as may be provided in administrative rules adopted by the advisory board permitting use of funds for purchase or maintenance of capital goods other than real property, nor for salaries or travel expenses, but may be eapended for an individual or team representing the city or state in the state or national championship tournament in that sport or activity, or from the city where such individual or team has qualified for the state or national championship toumament in that sport or activ- ity by competing in and winning the champion- ship of a toumament in the city or state; provided, that travel expenses shall not be paid for any in- vitational tournament, qualifying toumament or other tournament. The term °championship tour- nament" means that such toumament is sanc- tioned as such by the governing body of that sport or activity. Funds may also be expended for rea- sonable bus rental for same-day trips for special events or activities. (h) Contribution of checks through the license diuision. Notwithstanding any other provision of law to the contrary, an organization conducting charitable gambling shall make its contribution to an eligible recipient on the list by sending its check for the amount to the license inspector. The license inspector shall verify that the intended eligible recipient has complied with all require- ments of this chapter and that the proposed con- tribution will not exceed the allowable limits, nor be in excess of eight thousand dollars ($8,000.00) for that calendar yeaz (as modified by the provi- sions of subparagraph (e)(5) of section 40923 above conceming organizations in certain eligible azeas or making certain demonstrations). If all require- ments of law have been satisfied, the license in- spector shall forward such contribution to the in- tended eligible recipient by mail. Supp. No. 28 (i) Alternate compli¢rzce. Notwithstanding any pro��sion oflaw to the contrary, any organization conducting charitable gambling within the City of Saint Paul may satisfy its obligations under para- graph (e) above and sections 402.10 and 4Q922(14) of the Code to give ten (10) percent of its net prof- its to eligible recipients by, in lieu thereof, con- tributing such ten (10) percent to the Youth Pro- gram F�nd established under section 40923 of the Code. (Ord. No. 17652, § 4, 6-1-59; Ord. No. 17925, § 4, 5-25-92) Sec. 40924. Gambling managers. No person shall be a manager of any charitable organization selling paddlewheel tickets, pull- tabs and tipboards in on-sale liquor establish- ments unless licensed by the city as provided here- in and compliance with the following requirements: (1) Application for gambling manager license shall be made at the office of license inspec- tor on forms provided by said o�ce. The annual license fee shall be established pur- suant to section 310.09(b) and published in section 310.18 of the Legislative Code. i2) Gambling managers shall meet all the re- quirements of Minnesota Statutes, Chap- ter 349, and must file proof that a ten thou- sand dollar ($10,000.00) fidelity bond has been provided. (3) Reserved. (4) Gambling managers shall be compensated in compliance with applicable state and fed- eral law, and applicable rules and regula- tions promulgated thereunder. (5) All gambling managers must successfully complete a training program established by the state, which training program shall in- clude state charitable gambling laws, city charitable gambling ordinances, account- ing procedures, record keeping and report- ing procedures and methods. (Ord. No. 17321, § 6, 12-31-85; Ord. No. 17666, § 1, 7-13-89; Ord. No. 17678, § 2, 8-29-39; C.F. No. 93-1591, § 2, 11-30-93; C.F. No. 94-74b, § 5, 6-22- 94) 2194.3 § 409.25 LEGISLATIVE CODE — Sec. 40925. Temporary wine and liquor li- censes. (a) �ne licenses. Notwithstanding any other provision of this chapter, a club or charitable, re- ligious or other nonprofit organization in exist- ence for at least three (3) years, or a politicai com- mittee registered under Minnesota 5tatutes, Section 10A.14, may obtain an on-sale license to sell wine and strong beer not exceeding fourteen (14) pereent alcohol by vclume for consumption on the licensed premises only. The fee for such li- cense shall be established by ordinance as pravid- ed in section 310.09(b) of the Legislative Code, and licenses shall be issued ior periods not to eg- ceed three (3) consecutive days. No organization or political committee shall be granted more than three (3) licenses within a twelve-month period. No more than three (3) such licenses may be grant- ed for any one (1) location within the city. (b) Liquor licenses. Notwithstanding any other provision of this chapter, a cIub or charitable, re- ligious or other nonprofit organization in exist- ence for at least three (3) years may obtain on- sa3e license to sell into%icating liquor for consumption on the licensed premises only and in connection with a social event wittiin the city spon- sored by the licensee. The license may provide that the licensee may contract for into�cating li- quor catering services cvith the holder of a full yeaz on-sale intoxicating liquor license issued by the cit}: The fee for such license shall be forty-one doIlars ($41.00) per day and shall be issued for not more than three (3) consecutive days. No or- ganization shall be granted more than five (5) such licenses per calendaz yeaz. {c) App[ication. App&cation for such temporary licenses shall be made on forms pmvided by the inspector and shall contain such information as specified by the inspector, including the following: (1) The name, address and purpose of the or- ganization, together with the names and addresses ofits o�cers, and evidence ofnon- profit status or of its status as a club under section 409.02 above. (2) The purpose for which the temporary li- cense is sought, together with the place, dates and hours during which wine or in- toxicating liquor will be sold. (3) Consent of the owner or manager of the premises or person or group with lawful re- sponsibility for the premises. (4) Evidence that the manager or director has received alcohol awazeness training provid- ed by a bona fide instructor or the city. (d) Application of other prooisions of this ch¢p- ter. No other provisions of this chapter shall appty to licenses granted under this section, e%cept seo- tions 409.06, 409.07, 409.OS (egcept clauses (11) and (12)), and sections 409.09 through 409.14. (e) Cl¢ss 77 Zicense, Notwithstanding any other provision of law to the contrary, the temporary wine and liquor licenses provided in this section shall be administered as a Class II license and subject to the provisions of these chapters govern- ing Class II ficenses. The inspector shall make all referrals as provided by section 310.03, but the director may require the inspector to issue such license before receiving any recommendations on the application thereof if necessary to issue such 3icense on a timely basis. (Ord. No. 17459, § 1, 5-28-87; Ord, No. 17569, § 4, 6-7-88; Ord. No. 17853, § 1, 7-18-92; C.F No. 94 1561, § 2, 11-16-94) Sec. 40326. Into�catiag liquor, noninto�- cating matt liquor, presumptive penalties. (a) Purpose. The purpose of this section is to establish a standazd by which the city council de- termines the length of license suspensions and the propriety of revocations, and shall apply to all on-saIe and off-saie licensed premises for both in- to�cating liquor under this chapter and nonin- toxicating liquor under Chapter 410. These pen- alties are presumed to be appropriate for every case; however the council may deviate Lherefrom in an individual case where the council finds and determines that there exist substantial and com- pellitig reasons malring it more appropriate to do so. When deviating from these standards the coun- cil shall provide written reasons that specify why the penalty selected was more apgropriate. (b) Presumptiue penalties for viol¢tions. Ad- verse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indieate consecutive days'suspension): i_ �,ry'. Supp. No. 28 2194.4 � .^�1 ' _� �� , �� _' - �, (1) (2) LICENSES / � y I � J Appe¢r¢nce Type of Vwlatiorz Ist 2rzd 3rd Commission of a felony related to the li- Revocation NA NA censed activity. Sale of alcoholic beverages while license Revocation NA NA is under suspension. Supp. No. 24 2194.5 4th NA E�1 § 409.26 Type of Volatiorz (3) Sale of alcoholic beverages to under-age person. (4) Sale of alcoholic beverage to intoxicated person. (5) After hours sale of alcoholic beverages. (6) After hours display or consumption of al- coholic beverage. i7) Refusal to allow city inspectors or police admission to inspect premises. (S) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alco- holic beverage. (10) Failure to make application for license renewal prior to license e�cpiration date. (11) Sale of into�cating liquor where only li• cense is for nonintoxicating liquor. (12) Failure to comply with statutory, and or• dinance requirements £or liability insur- ance. q 5 `� 7 � � § 4�9.26 LICEI.'SES Appear¢nce Ist 2nd 3rd 4tlz 6 18 ftevocation 6 18 Revocatian 6 18 Revocation 4 12 Revocation 15 Revo- NA cation 6 18 Revocation 4 12 Revocation 6 18 Revocation 6 18 Revocation Revo- NA NA cation 1 1 1 1 5 1 1 1 1 10 For those violations which occur in on•sale in- toxicating liquor establishments listed above in numbers (3), (4), (5), (6), (S), (9), (10) and (11), the council may in its discretion impose a fine in lieu of a suspension on the first appearance, in accor- dance with the following schedule whose amounts are presumptively appropriate: Seating capacity 0-99 . . . . . . . . . . $ 500.00 Seating capacity 100-149 . . . . . . . 1,000.00 Seating capacity 15Q-199 .. .. ... 1,500.00 Seating capacity over 200 . . . . . . . 2,000.00 For those violations which occur in off-sale in- to�cating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), the council may in its discretion impose a fine in lieu of a suspension on the first appearance, in accor- � � dance with the following schedule, whose amounts are presumptively appropriate, based on the square footage of the retail area o£ the establish- ment: 2,000 square feet orless......... 2,001-5,000 squaze £eet......... 5,001-10,000 square £eet.. . . . ... 10,001 square feet or more.. .. ... $ 500.00 1,000.00 1,500.00 2,000.00 (c) Multiple uiotations. At a licensee's first ap- pearance before the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative pro- cedures act up to and including the formal notice of heazing. The council in that case shall consider the presumptive penalty for each such violation Svpp. No. 21 2195 § 409.26 LEGISLATIVE CODE under the "lst Appeazance" column in pazagraph (b) above. The occuaence of multiple violations shall be grounds for departure from such penal- ties in the wuncil's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the couacil in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the "lst Appearance." Sn all other cases, violations occurring after the date o£ the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appeazaace" before the council. The same procedures shall apply to a second, third or fourth appeazance before the council. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shall impose the presumptive penalty for the violation or viola- tions giving rise to tke subsequent appearance without regard to the particular violation or via lations that were the subject of the first or prior appeazance. (e) Computation of Kme: (1) If a licensee appeazs before the council for any violation in pazagraph (b) where that violation has occurred within eighteen (18) caIendar months after the first appearance of the same licensee for a violation listed in paragraph (b) above, the cuirent appear- ance shall be treated as a second appeaz- ance for the purFmse of determining the pre- sumptive penalty. (2) If a licensee has appeazed before the council on two (2) previous occasions, both for vio- lations listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in said para- gaph (b), and if the current violation oc- curred within thirty (30) calendaz months of the violation that gave rise to the first appearance before the council, then the cur- rent appeazance shall be treated as a third appeazance for the purpose of determining presumptive penalty. t3) If a ficensee has appeared before the council on three (3) previous occasions, each for vi- olations Iisted in paragraph (b) above, and if said licensee again appears before the council for a violation listed in pazagraph {b) above, and if the current violation oc- curred within fortyeight (48) calendar months of the violation that gave rise to the first appearance, then the current ap- peazance shall be Ereated as a fourth ap- pearance for the purpose of determining the presumptive penalty. (4) Any appeazance not crovered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case o£ muIEiple vioIations in any appeazance, the date to be used to measure whether eighteen (18), thirty (30) or forty-eight (48) months has elapsed shall be the date of the violation last in time at the fust appearance, and the date of the violation first in time at any subsequent appearance. (fl Other penalties. NotIung in this section shalI restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollazs ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner pro- vided for in Section 310.05 of this Code. (g) Effect af responsible business pr¢ctices in de- terminingpenalty. In determining the appropriate penalty, the council may, in its discretion, con- sider evidence submitted to it in the case of un- contested adverse actions or submitted to a hearing eYaminer in a contested hearing upon which find- ings of fact have been made that a licensee has followed or is likely to follow in the future respon- sible business practices in regard to sales to in- toxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, "`�'�; m -,. ��`- Supp. No. 21 2196 x �• �� LICENSES � � y � � � § 410.01 those policies, procedures and actions that aze implemented at time of service and that: a. Encourage persons not to become in- to�cated if they consume alcoholic bev- erages on the defendant's premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alterna- tives other than driving while into�• cated; d. Prohibit employees and agents of de- fendant from consuming alcoholic bev- erages while acting in their capacity as employee or agents; e. Establish promotions and marketing ef- forts that publicize responsible busi- ness practices to the defendant's cus- tomers and community; f. Implement comprehensive trainingpro- cedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendant's business; h. Establish a standardized method for hiring qualified employees; i. Reprunand employees who violate em- ployer policies and procedures;and j. Show that the licensee has enrolled in recognized courses providing training to self and one or more employees of the licensed establishment in regazd to standards for responsible liquor ser• vice. (2) For the purposes of service to minors, evi- dence of responsible business practices may include, but is not limited to, those listed in subsection (1} and the following: a. Management policies that are imple- mented at the time of service and that ensure the aYa*n;. of proof of iden- t�cation (as established by state law) For all persons seeking service of alco- holic beverages who may reasonably be suspected to be minors; b. Comprehensive trauung o£ employees who are responsible £or such examina- tion regazding the detection of false or altered identi�cation; and Supp. No.21 c. Enrollment by the licensee in recog- nized courses providing training to self and one or more employees of the li- censed establishment in regazd to stan- dards for responsible liquor service. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Ord. No. 17675, § 1, 8-22-89; Ord. No. 17694, § 2, 11-7-59; Ord. No. 17756, § 1, 8-7-90; Ord. No. 17924, §§ 2, 3, 5-7-92; C_F. No. 92-1929, § 1, 2-9-93) Chapter 410. Nonintoacicating Malt Liquor* Sec. 410.01. License required; definitions; ex• ceptions. (a) No person shall sell nonintoxicating malt liquors at retail in Saint Paul without a license. (b) On•sale licenses shall permit the licensee £or the sale of said nonintoaricating malt liquors to sell such £or consumption on the premises. On- sale licenses shall be granted only to restaurants, hotels, bona fide clubs, establishments for the ex- clusive sale of nonintoxicating malt beverages and establishments licensed for the exclusive sale of intoxicating liquors. The term "bona fide clubs" shall include private clubs licensed under former Chapter 404 of this Code so long as they meet the requirements of Minnesota Statutes, Section 340A.101, subsectian 7. (c) Off-sale licenses shall permit the licensee of such nonintoxicating malt liquors to sell same in original packages for consumption off the pre- mises only. (d) Nothing herein contained shall be construed to prohibit the sale and delivery in original Pack- ages directly to the consumer by the manufac- turer or distributor of nonintoxicating malt li- quors. (e) No off•sale license shall be issued for any place where noninto�cating malt beverages shall be sold for consumption on the premises. •Cross referenees—Liquor and beer regulations gener- ally, Title XXIV; intoxicating liquor, Ch. 409; use of beer and intqxicating liqvor prohibited in motion picture drive-in the- atres, § 416.06tb). 2196.1 $ 410.01 � . � LEGISLATIVE CODE _ - \ (fl "Noninto�cicating malt liquor" is any fer- mented malt liquor, potable as a beverage, con- taining not less than on�half of one percent (�/z of 190) alcohol by volume nor more than three and two-tenths (32) percent alcohol by weight. (Code 1956, §§ 310.02, 320.17, 31020; Ord. No. 17676, § 8, 8-24-89) Sec. 410.02. Fees. Before the filing of an application for either of the Iicenses fiereinbefore provided for, tfie appli- cant shall deposit with the license inspector the sum of two hundred fifty doIIazs ($250.00) if the application is for an on-sale license, and the sum of fifty dollazs ($50.00) if the application is for an off-sale license, and the inspector shall thereupon deliver to such applicant duplicate receipts therefor, containing a statement of the purpose for which such deposit was made, aad one of said receipts shall be attached to and fffed with said application. (Code 1956, § 310.03; Ord. No. 16843, 10-20-81) Sec. 410.03. Liceasiag requirements. (a) Application. Any person desiring either of the licenses as hereinbefore described shall first make an application therefor to the council of the City of Saint Paul by filing with the inspector of said city for presentation by him to the council of an application in writing therefor, which said ap- plication shall set forth with reasonable accuracy the name and place of residence of the applicant; the esaet location of the place at which the appli- cant pmposes to carry on the business of selling nonintoxicating malt liquors; and whether or not he has at any time previous to the date thereof been engaged in said business or in the business of selling foodstuffs in the City of Saint Paul, and if so, wfien and where. Said application shaIl be signed by the applicant in person or by an officer of tfie club seeFung said license or by an o£ficer of the corporation seeking said license, and when received by the inspector shaIl be by him placed on file, and the name of the applicant shall be by him re�stered in a book of registration to be kept in the office of said inspector for that purpose; provided, however, that said inspector shall not receive such application or register the name of said applicant unless the application is accompa- nied by the fee required by Section 410.02. (b) Reserved. (c) No Zicense after conviction; under¢ge. No li- cense shall be issued, consistent with and subject to Minnesota Statutes, Chapter 364, if the appli- cant has been convicted of any crime involving the manufacture, sale, distribution or possession for sale or distribution of intoicicating or nonin- toxicating liquor or of any crime under Minnesota Statutes, Section 152.09, subdivisions 1(1),1(3) and 2. No license shall be issued to any person who is not at least twentyone (21) years of age. (d) Reserued. (e) Exception if compliance with oticer bonding requirements. For those applicants also applying for or already having an on-saIe wine license pur- suant to Section 409.15, compliance with the bonding requirements of Section 409.06(j) saEis- fies the bonding requirements of paragraph (d) of this section. (fl Inuestig¢tion. The appticant shall pernut rep- resentatives of the division of public health, de- partment of police and department of fire and safety services to inspect and eicamine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought, and any refusal on the part oF such appiicant to permit such inspec- tion shall be deemed as s�cient ground upon which the council shall refuse to issue the license applied for. (g) License ne¢r school or church. No license for on-sale nonintoxicating malt liquors sha21 be is- sued for any premises, eaccept for a restaurant as defined in Section 409.15 having an on-sale wine or intoxicating malt liquor license, located within three hundred (300) feet from any public or pazo- chial school, church or synagogue, said three hun- dred (300) feet being calcuIated and computed as the distance measured from the property line of the premises or building proposed as the location for the nonintoxicating malt liquor license to the property line of any school, church or synagogue in the azea for which the license is sought. � s Supp. No. 21 21962 95-95 340A.418 IIQUOR 620 Subd. 2. Tastings authorized. (a) A charitable, religious, or other nonprofit organi- zation may conduct a wine tasting on premises the organization owns or leases or has use donated to it, or on the licensed premises of a holder of an on-sale intoxicating liquor license that is not a temporary license, if the organization holds a temporary on- sale intoxicating liquor license under section 340A.404, subdivision I Q and complies with this section. An organization holding a temporary license may be assisted in con- ducting the wine tasting by another nonprofit organization. (b) An organization that conducts a wine tasting under this section may use the net proceeds from the wine tasting on]y for: (1) the organizatiods primary nonprofit purpose; or (2) donation to another nonprofit organization assisting in the wine tasting, if the other nonprofit organization uses the donation only for that organization's primary nonprofit purpose. (c) No wine at a wine tasting under this section may be sold, or orders taken, for off-premise consumption. (d) Notwithstanding any other law, an organization may purchase or otherwise obtain wine for a wine tasting conducted under this section from a wholesaler licensed to sell wine, and the wholesaler may sell or give wine to an organization for a wine tast- ing conducted under this section and may provide personnel to assist in the wine tast- ing. A wholesaler who sells or gives wine to an organization for a wine tasting under this section must deliver the wine directly to the location where the wine tasting is con- ducted. History: 1994 c 67I s 25 RETAIL SALES REGULATIONS 340A.501 RESPONSIBILITY OF LICEA'SEE. Every licensee is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any emp]oyee authorized to sell alcoholic beverages in the establishment is the act of the licensee for the purposes of all provisions of this chapter except sections 340A.701, 340A.702, and 340AJ03. History: 1985 c 305 art 7 s 1; 1987 c 151 art 1 s 1; art 2 s 2 340A.502 SALES TO OBVIOUSLY INTOXICATED PERSONS. No person may sell, give, fumish, or in any way procure for another alcoholic bev- erages for the use of an obviously intoxicated person. History: 1985 c 305 art 7 s 2; 1987 c 152 art I s 1 340A.503 PERSONS UNDER 21; ILLEGAL ACTS. Subdivision 1. Consumption. (a) It is unlawful for any: (1) retail intoxicating liquor or nonintoxicating liquor licensee, municipal ]iquor store, or bottle club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or (2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed t;�e alcoholic beverage in the household of the defendanYs parent or guardian and with the wnsent of the parent or guardian. (b) An oftense under paragraph (a), clause (2), may be prosecuted either at the place where consumption occurs or the p]ace where evidence of consumption is observed. (c) When a person is conviaed of or adjudicated for an offense under paragraph (a), clause (2), tt,e coun shall determine whether the person consumed the alcohol while operating a motor vehicle. If so, ihe court shall notify the commissioner of public safety s OFFICE OF THE CITY ATTORNEY � TimoUryE. Marx, CrryAttomey CITY OF SAINT PAL7L; �" - No,m Coleman, Mayor C � �' � ' 1 , ;� i �'' [ � �.. f:.,. 1 � - . , il".,...�`�. .. May 15, 1995 Louis A. Lentsch Sonny's Bar, Inc. dba 883 Payne Avenue Saint Paul, Minnesota �5-9�� Ci�il Divirion 400 Ciry Hall IS West Kellogg BNd. SaintPau/, Minnerota 55102 NOTICE OF HEARING Louie's Bar 55101 Telephane: 6I2 266-8710 Facs�nile: 6I2 298-5619 RE: All licenses held by Sonny's Bar, Inc. dba Louie's Bar, for the premises located 883 Payne Avenue, 5t. Paul License ID # 16161 Our File Number G95-0150 Dear Mr. Lentsch: Please take notice that a hearing will be held at the followinq time, date and place concerning all licenses for the premises stated above: Date: June 9, 1995 Time: 9:30 a.m. Place: Auditorium Room 41 st. Paul City Hall 15 A. Rellogg Blvd. 3oIIIt Ffl7II� 31�T. 5�102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Jon Lunde office of Administrative Hearings loo washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 341-7645 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 o£ �� 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: "That on March 9, 1995 during evening hours, an employee of the license office and two plain clothes police officers were in Louie's Bar on a compliance check. They observed the bartender, named Jim, serve alcoholic beveraqes to two patroas who were obviously intoxicated. The sales to persons who are obviously intoxicated violates state laW, Minn. Stat. § 340A.502 (1994)." 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 o£ the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property loaated in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for �� Council action. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them for£eited. IP 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. Ver truly yours, �k�z%K� Janet Reiter Ofiice of the City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, 0£fice of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ms. Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St Paul, MN 55101 �� STATE OF MINNESOTA OfFICE Of ADMINISTRATIVE HEARIlIGS NEARING SUBPOEMA T0 Seraeant Eugene Polyak, St. Paul Police De�artment 100 E. llth Street, St. Paul, Minnesota 55101 GREETIMGS: TOU ARE HERfBY CClMANDED to lay aside aii your business and excuses and to appear before Ad�inistrative Law Judae Jon Lunde of the Office of Administrative Nearings of tAe State of Mlnnesota at �uaito ri um Roon 41, St. Paul City Hall, 15 T?. Kellogg IIl�d. in the C1ty of St. Paul , Ramsev ��t Minnesota, on the 9th day of June � 95 at 9:30 o'ciak 1n the fore �� to appear as a ritness 1n the mdtter Of the Licenses of Sonny's Bar, Inc , d/b/a Louie's Bar License ID Ivo. 16161; OAH Docket tdo. 8-2101-9716-3. YW ARE �'URTHER COFAiANDED to bring and have rlth you, to be used as evidence in the hearing, ff required, the foiloxing: Pursuant to the authorlty granted in Minn. Stat. § 14.51. Nitness, the Ftorwrabie Kevin E. Johnson. Ch1ef Administrative lar Judge. at Mtnneapotis. Minnesota, this znd day of June ��g 95 , Subnoena requested by: Janet Reiter �� Tele: 266-5710 � i � � KEVIN E. JOH SON Chief Adoinistntive lar Judye 612/341-T600 HG-00061-01 , .�� v >� +� • . • � !:>,� *_:.: � _��. -' : ., _. : STATE Of MINNESOTA OFFICE QF ADMINISTRATIVE HEARINGS HEARING SUBPOENA 95-�� T0 Sergeant Per Tredal, St. Paul Police Deoartr,tent 100 E. lltn Street St. Paul *?innesota 55101 GREETIMGS: YW ARE HEREBY COMiANpEO to lay aside all your business and excuses and to appear before Adninistrative Lao-� Judce Jon Lunde of the Office of Administrative Nearings of the State of Minnesota at Auai tori um Room 41, St. Paul City Hall, 15 v1. ?:elloga Blvd in the C1ty of st. Paul Rarr.se� Minrtesota, on tbe 9th ' County, day of June , �g 95 at 9 �30 o'clak 1n the fore�pp�, to appear as a vitness tn the mdtter of the Licenses of Sonny's Har Inc d b/a Louie's Bar, License ID No. 16161; OAH Docket No. 8 YOU ARE FlIRTHER COFP(ANDED to bring and have rith you, to be used as evidence 1n the hearing, if required, the fotloring: Pursuant to the authority granted in M1nn. Stat. § 14.51, Fiitness, the Nonorabte Kevin E. Johnson. Ch1ef Admtnistrative law Judye. at Minneapolis. Minnesota, this 2na day of _, ig_gr 3ubpoena requested by: � Janet Reiter Tele: 266-8710 U KEVIM . JONN Chief Adatnistrative Lav Judqe 612/341-7600 MG-00061-01 OFFICE OF THE CITY ATTORNEY Timothy E. Mar, Cary Auamey CITY OF SAINT PAUL �-. =� � ',- ° _ Norm Colei�:mr, Mayor r ,+ �� F„ _ ! : ii _. _- . June 1, 1995 ., ij�•Y� .. .J.. Judge Jon Lunde Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: In re The Licenses of 5onny's Bar, INC dba as L.ouie's Bar License ID No. 16161 Dear Judge Lunde: � Te[ephane: 6I2 266-8710 Facsamile: 612 2985619 HAND DELIVERED C �� The purpose of this letter is to request subpoenas relating to the above-mentioned contested case hearing that is scheduled to be heard before you on Friday, June 9, 1995. The City of St. Paul License Division will be calling as witnesses two (2) St. Paul Police Officers to testify regarding the incident which serves as a basis for the action against the Licenses of Louie's Bar. In order to ensure the officers will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Sergeant Per Tredal St. Paul Police Department 100 E. 11th Street St. Paul, MN 55101 2.) Sergeant Eugene Polyak St. Patil Police Department 100 E. 11tb Street St. Paul, MN 55101 If you need additional information or have any questions regarding this request, please do not hesitate to contact me at 266-8731. Tf�ank you for your consideration in this matter. Sincerely, �� Janet A, Reiter Office of the City Attorney Civil Divisron 400 Ciry Ha[L IS Wut Kellogg BNd. Saiat Paul, Minnuom 55102