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91-1285 �/������eL - . 3 �5 i Council File # �-' ��� �/ Green Sheet # RESOLUTION CITY OF SA T PAUL, MINNESOTA � , Presented By Referred To � Committee: Date RESOLVED, that the on sale intoxicating liquor and Sunday on sale intoxicating issued to Ronald J. Garcia for the premises at 77 9th Street East, Saint Paul, are hereby revoked. FURTHER RESOLVED, that the Findings of Fact and Conclusions of Law of the AIJ dated June 14, 1991, are expressly ratified and adopted as the written findings and conclusions of the Council. This resolution is based on the record of proceedings before the Administrative Law Judge, including the hearing on May 16, 1991, the documents and e�chibits introduced therein, and the deliberations of the Council in open session on June 27, 1991. The Findings of Fact and Conclusions of Law of the AI�T, as amended, are e�cpressly incorporated in and made a part of this Resolution. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to the counsel for the licenseholder. Yeas Navs Absent Requested by Department of: Dimon �'� �'iOSW1 2 -� Lon �-- acca ee e man -- un e -- i son --� By: t Adopted by Council: Date JUL i 6 1991 Form Approved by City Attorney Adopti-�n Certified by Council Secretary gy; �4,� �. �N�GrB�- �O'z� � '�!� � � 1 By� Approved by Mayor for Submiseion to Approved by Mayor: Date JUL i '7 1991 Council By. 4 G�Gu.��/J By: Pil�tlSHED JU� 27'91 ' . . �Fy�/°7�,s' JAMES H. RANU(�I �no�ev�r uw 828 NORWEST MIDIAND CERTIFIED SPECIAIIST 101 SECOND AVENUE SOUTH CIVIL TRIAL ADVOCATE MINNEAPOUS,MINNESOTA 55�01 NATIONAL BOARD OF TRAIL ADVOCACY 812-333-7579 ALSO ADMITTED IN WISCONSIN June 14 , 1991 , ����I !/ �� The Honorable �eorge Beck JU�I 1 `� 1�91 Office of Administrative Hearings Flour Exchange Building, 5th Floor ��j� �j�ORN�tY 310 Fourth Avenue South Minneapolis, Minnesota 55415 Re: In the Matter of the Revocation of the Liquor License Issued to Ronald J. Garcia d/b/a Garcia's Restaurant, 77 Ninth Street East, St. Paul, Minnesota 55101 File No. 57-2101-5483-� Dear Judge Beck: Enclosed for filing please find Affidavit of Service by mail and three copies of the Findings of Fact, Conclusions of Law, Recommendation and Memorandum. Very truly yours, James H. Ranum JHR�k Encl. ��c — C�.�1 ��`�-�P � �� . . �c9���a STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL 57-2101-5483- � In the Matter of the Revocation FINDINGS OF FACT, of the Liquor License Issued to CONCLUSIONS OF LAW, Ronald J. Garcia d/b/a Garcia's , RECOMMENDATION Restaurant, 77 Ninth Street East, AND MEMORANDUM St. Paul, Minnesota 55101 The above entitled matter came on for hearing before James H. Ranum, Administrative Law Judge, on May 16, 1991, at the Fourth Floor Meeting Room of the Downtown -Main Library, 900 West Fourth Street, St. Paul, Minnesota 55102. Appearing on behalf of the City of St. Paul was Phillip B. . Byrne, Attorney at Law, 647 City Hall, St. Paul, Minnesota 55102. There was no appearance by the licensee. The hearing was attended by the manager and po�ential opera- tors of the restaurant, Tan Xuan and Hoa Thi Do. The record in this matter closed at the end of the hearing on May 16, 1991. STATEMENT OF ISSUE � May the City revoke the liquor license of Ronald J. Garcia � d/b/a Garcia's Restaurant for failure to pay sales tax while its license was in effect? Based upon a the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On March 1, 1991 the City received a Notice from the Minnesota Department of Revenue that Ronald J. Garcia d/b/a Garcia's Restaurant owed delinquent sales tax in the amount of $834.68 (City Exh. 5) . -1- � y • ��cq/��f3� 2. That as of February 20, 1991, Ronald J. Garcia d/b/a Garcia's Restaurant held an On-Sale Liquor, Sunday On-Sale Liquor, Entertainment Class 3 , Restaurant Class B, License 13863 (City Exh. 4) . 3. The Minnesota Department of Revenue will issue a tax clearance certificate when (1) the amount owed plus accrued inter- est is paid, (2) all unfiled returns are filed and all amounts paid, and (3) any returns becoming due prior to the date of payment are filed and fully paid (City Exh. 5) . 4. That on April 24, 1991, Ronald J. Garcia and Ms. Hoa Thi Do, manager, were served by mail with a Notice of Hearing. The letter was returned: "MOVED, LEFT NO ADDRESS, UNABLE TO FORWARD" (City Exh. 2) . 5. As of May 16, 1991, (1) the amounts due was not paid, and (2) no returns were filed (testimony of John Ridge and Chris L. VanHorn) . Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. That Notice of the Hearing was given in a timely fashion. 2. That all other procedural requirements of law have been met, and the City Council and the Administrative Law Judge have jurisdiction under Minn. Stat. 14.50 and St. Paul Legislative Code Section 310.05 to take the proposed action. 3 . Minn. Stat. 270.72 provides: 270.72. Tax clearance; issuance of licenses Subdivision 1. Tax clearance required. The state or a political subdivision of the state may not issue, transfer, or renew a license � for the conduct of a profession, occupation, . trade, or business, if the commissioner no- tifies the licensing authority that the ap- plicant owes the state delinquent taxes, penalties, or interest. The commissioner may not notify the licensing authority unless the applicant taxpayer owes $500 or more in delin- � quent taxes. A licensing authority that has received a notice from the commissioner may issue, transfer, or renew the applicant's li- cense only if (a) the commissioner issues a -2- . • 4 Y � . . y��a�3 tax clearance certificate and (b) the cominis- sioner or the applicant forwards a copy of the clearance to the authority. The commissioner may issue a clearance certificate only if the applicant does not owe the state any uncon- tested delinquent taxes, penalties, or inter- est. 4. That Donald J. Garcia d/b/a Garcia's Restaurant is in default in this matter. 5. That Donald J. Garcia d/b/a Garcia's Restaurant violated the code and statutes regarding payment of taxes. RECOl�IIKEI�iDATION That the St. Paul City Council may revoke the liquor license held by Donald J. Garcia d/b/a Garcia's Restaurant. Dated this ���day of June, 1991. J S . UM Adm istrative Law Judge Reported: Taped. -3- :'f� ,° , , , �q�/��b�, �o�xnvM The statute is clear and unequivocal that a political subdivi- sion may not issue, transfer or renew a license if the licensing authority is notified that the applicant owes delinquent taxes. The licensee owes taxes and accordingly its license may be revoked. JHR , ,= ��-����` R4`�iTT pr . �� 7 �- CITY OF SAINT PAUL � : a - � � .� ` ; �«���;; ; OFFICE OF THE CITY ATTORNEY , ,,, '�. • ,..• JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR RECEIVED June 17, 1991 JUN 18 1991 Mr. Ronald J. Garcia, Licensee CITY CLERK dba Garcia's Restaurant 255 West Winifred Saint Paul, Minnesota 55107 Ms. Hoa Thi Do Manager 4297 Fox Ridge Eagan, Minnesota 55122 NOTICE OF COIINCIL HEARING RE: Licenses held by Ronald J. Garcia, dba Garcia's Restaurant, for the premises at 77 East Ninth Street East. Dear Mr. Garcia and Ms. Hoa Thi Do: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 9:00 o'clock a.m. , June 27, 1991 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 judgment and discretion. Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney cc: Robert Kessler License Inspector Lt. Nancy DiPerna Vice Unit Albert Olson Ms. Julie McEnroe, C.O. City Clerk Downtown Community Development Council � � I i_y � � yr r` ,�� �.:,�?..!-, �1 ,.,�_: JAMES H. RANU11�1 ATTORNEY AT UW 828 NORWEST MIOIJ�ND CERTIFIEO SPECIAUST 101 SECONO AVENUE SOUTH CIVIL TRIAL ADVOCATE MINNEAPOUS,MINNESOTA 55�01 NATIONAL BOARD OF TRAIL ADVOCACY g�p.�3�-75�g ALSO ADMITTED IN WISCONSiN June 14 , 1991 �ECEIVED The Honorable George Beck JUN 1 '� 1991 Office of Administrative Hearings Flour Exchange Building, 5th Floor ��T�( ATTORN�EY 310 Fourth Avenue South Minneapolis, Minnesota 55415 Re: In the Matter of the Revocation of the Liquor License Issued to Ronald J. Garcia d/b/a Garcia's Restaurant, 77 Ninth Street East, St. Paul , Minnesota 55101 File No. 57-2101-5483-� Dear Judge Beck: Enclosed for filing please find Affidavit of Service by mail and three copies of the Findings of Fact, Conclusions of Law, Recommendation and Memorandum. Very truly yours, James H. Ranum JHR�k Encl. ��c — E�.�.� �y�-,�p Y�,-_.�, R � �7 .y� ��.,C.{,,,,,,�,_�,y�"�.-�,�i1./ ��-�_�. o,�- / �� � y '���-G" � __._�' STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL 57-2101-5483- C�i In the Matter of the Revocation FINDINGS OF FACT, of the Liquor License Issued to CONCLUSIONS OF LAW, Ronald J. Garcia d/b/a Garcia's RECOIrII�IENDATION Restaurant, 77 Ninth Street East, AND MEMORANDUM St. Paul, Minnesota 55101 The above entitled matter came on for hearing before James H. Ranum, Administrative Law Judge, on May 16, 1991, at the Fourth Floor Meeting Room of the Downtown Main Library, 900 West Fourth Street, St. Paul, Minnesota 55102. Appearing on behalf of the City of St. Paul was Phillip B. Byrne, Attorney at Law, 647 City Hall, St. Paul, Minnesota 55102. There was no appearance by the licensee. The hearing was attended by the manager and po�ential opera- tors of the restaurant, Tan Xuan and Hoa Thi Do. The record in this matter closed at the end of the hearing on May 16, 1991. STATEl�IENT OF ISSUE May the City revoke the liquor license of Ronald J. Garcia d/b/a Garcia's Restaurant for failure to pay sales tax while its license was in effect? Based upon a the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On March 1, 1991 the City received a Notice from the Minnesota Department of Revenue that Ronald J. Garcia d/b/a Garcia's Restaurant owed delinquent sales tax in the amount of $834.68 (City Exh. 5) . -1- s 2. That as of February 20, 1991, Ronald J. Garcia d/b/a Garcia's Restaurant held an On-Sale Liquor, Sunday On-Sale Liquor, Entertainment Class 3, Restaurant Class B, License 13863 (City Exh. 4) . 3. The Minnesota Department of Revenue will issue a tax clearance certificate when (1) the amount owed plus accrued inter- est is paid, (2) all unfiled returns are filed and all amounts paid, and (3) any returns becoming due prior to the date of payment are filed and fully paid (City Exh. 5) . 4. That on April 24, 1991, Ronald J. Garcia and Ms. Hoa Thi Do, manager, were served by mail with a Notice of Hearing. The letter was returned: "MOVED, LEFT NO ADDRESS, UNABLE TO FORWARD" (City Exh. 2) . 5. As of May 16, 1991, (1) the amounts due was not paid, and (2) no returns were filed (testimony of John Ridge and Chris L, VanHorn) . Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. That Notice of the Hearing was given in a timely fashion. 2. That all other procedural requirements of law have been met, and the City Council and the Administrative Law Judge have jurisdiction under Minn. Stat. 14.50 and St. Paul Legislative Code Section 310.05 to take the proposed action. 3 . Minn. Stat. 270.72 provides: 270.72. Tax clearance; issuance of licenses Subdivision l. Tax clearance required. The state or a political subdivision of the state may not issue, transfer, or renew a license for the conduct of a profession, occupation, trade, or business, if the commissioner no- tifies the licensing authority that the ap- plicant owes the state delinquent taxes, penalties, or interest. The commissioner may not notify the licensing authority unless the applicant taxpayer owes $500 or more in delin- quent taxes. A licensing authority that has received a notice from the commissioner may issue, transfer, or renew the applicant's li- cense only if (a) the commissioner issues a -2- i �� � �' `_�,.'--_ r_ f � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL 57-2101-5483- Co In the Matter of the Revocation FINDINGS OF FACT, of the Liquor License Issued to CONCLUSIONS OF LAW, Ronald J. Garcia d/b/a Garcia's ' RECOHII�IENDATION Restaurant, 77 Ninth Street East, AND MEMORANDUM St. Paul, Minnesota 55101 The above entitled matter came on for hearing before James H. Ranum, Administrative Law Judge, on May 16, 1991, at the Fourth Floor Meeting Room of the Downtown Main Library, 900 West Fourth Street, St. Paul, Minnesota 55102. Appearing on behalf of the City of St. Paul was Phillip B. Byrne, Attorney at Law, 647 City Hall, St. Paul, Minnesota 55102. There was no appearance by the licensee. The hearing was attended by the manager and potential opera- tors of the restaurant, Tan Xuan and Hoa Thi Do. The record in this matter closed at the end of the hearing on May 16, 1991. STATE1rIL�NT OF ISSUE May the City revoke the liquor license of Ronald J. Garcia d/b/a Garcia's Restaurant for failure to pay sales tax while its license was in effect? � Based upon a the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On March 1, 1991 the City received a Notice from the Minnesota Department of Revenue that Ronald J. Garcia d/b/a - Garcia's Restaurant owed delinquent sales tax in the amount of $834.68 (City Exh. 5) . -1- �� -���� �,��}�.'...^5�..`Z r�'GIiT�r+�� ��' . CITY OF SAINT PAUL �. � �.`� t=° "���� ��� � OFFICE OF THE CITY ATTORNEY �4 > A'+` 'S }'� hQ v;; � r�.�� ��� JANE A. MC PEAK, CITY ATTORNEY 647 Ciry Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR CITY'8 EBHIBITS Re: City of Saint Paul vs. Ronald J. Garcia, dba Garcia's Hearing Date: 5-15-91 1. Notice of Hearing and affidavit of service (6 pp) . 2. Copy of Minn. Stat. §270.72, Tax Clearance; Issuance of Licenses (1 pg) . 3 . Copy of Chapter 310 of the Saint Paul Legislative Code, Uniform License Procedures (7 pp) . 4. Certified copy of license held by Garcia's (2 pp) . 5. Letter of February 20, 1991 from Department of Revenue (2 pp) y ��� .�� � v � • ��� r��� Z � �� _ rl� _. _- . _ ---.. � 1►. ' "�arcia's Restaurant• ALJ Hearin� 5-16-9�- " City's Exhibit ���_ u —. ' Affidavft of Servlce By Mall � �: ._ __ �f�te of -�ir�t�e�ota�, . .- 88: . _ _ _ _ _ _ - -� countJof................�.�zn�.�y....................................:._. . : :.JO.ANNE G. CLEMENTS , bein flrst dul sworn, d,�poses arul suys that on. .....��.x:_��....24.....:................�..1�J...91�..,-•.......S..1i.._... . Notice of Hearin�_letter.___......._ . . e served the attaclied ......:........•--•---.:.........------....:.................................._.........._._._.........upon....�... onald J. Garcia and Ms . Hoa Thi Do .,,._.,_..__ . �#�K��x��f�x....._...._._..................................__.._....... . ......_._._._.._..... ' . _...._»._....b� placing a• true a.iul cor.rect copJ thereof in an envelppe addressed cts follows: Ms . Hoa Thi Do �Mr. Ronald J. �Garcia Manager �Licensee, 255 W. Winifred 4297 Fox Ridge � � St. Paul , NIN. 55107 Eagan NfiV. 55122 . (iuhich is the last k wrz said attorne and de ositin th,e ea , with s a e ' , ' United States '�nails at.._......._.��..aln`�`�a�i�i�'f y� , �in �. � � � ..............._......._...___.............._ Szcbscribed and suorn to beforc me tlzis.._�.4.��71............ � <_ � do f. .........A r' .._......: _, ��J.....:��,.. _ _ .._...._....... ..............•- __.. . _..... . . :.�; ....._ ._� ... ..... . . �- _ ; . ....._... ............_. . . _ _ �r'y;� KATHRY N McLAUGHLiN - . .... - -- � _- - NOTARY PUBIIC�NiINNESOTA — -- _ -- �-- - - =- �� _� RAMSEY COUNTY� � � ' . , My Comm�ssion Expires Sept 19, 1995 ' '- ,r „ }r^'i..:y,+-T ..•'"`_'��_r-° -"it`�rs.c�-.- r ..i .�i S ,v'!� �, �'._YY,t . � ,� _."'F '' � '�- -y 1� a t -�� .� .� .,� _ ^t Z T t ...�F��,,�g:�y `+M 1 '.y .- .}' a 7 � � v � ` . '4'� r. f S� �1 . - �11 .g4�1 y 3L� f Y i �• � l d P.' 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" ` . _ e . ��:. .� ....-.,� .'. .. . � . - ���� � '� . �:�'' . .." " ... .�-. .� ..��.�. . .� ..' . '. -'� � - . .. ��-,� �:-:. 1 �� — t _ -. . .:� -.� '_ _ .. .. ', ..� _ ., . .... .. _ . � k,� t �'.� 1 �. " �.''. � _ ' '` �, x r 4< r � �Y _ � „_^�a` /y�/�/ y,��/.., - ^ }'�'p�:r o� ; �/ e� :::�` � �, CITY OF SAINT PAUL ;O Ay �<s :;;��;.;2� A� OFFICE OF THE CITY ATTORNEY r �l� �.����� '�� JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota SS102 612-?98-S121 JAMES SCHEIBEL FAX 612-295-5619 MAYOR April 24, 1991 Mr. Ronald J. Garcia, Licensee 255 West Winifred Saint Paul, Minnesota 55107 • Ms. Hoa Thi Do Manager, � 4297 Fox Ridge Eagan, Minnesota 55122 RE: City of St. Paul vs Ronald J. Garcia, dba Garcia�s Restaurant licenses held for the premises at 77 Ninth Street East, Saint Paul, Minnesota 55102 � ROOM CHANGE FOR HEARING Dear Ms. Hoa Thi Do and Mr. Garcia: The hearing concerning the above referenced matter has been moved from Room 1504 of the City Hall Annex to the 4th floor meeting room of the Saint Paul Main Library. Date: May 16, 1991 Time: 1:30 p.m. Place: Fourth Floor Meeting Room Downtown Main Library 90 West Fourth 3treet � St. Paul, MN 55102 � I have enclosed a copy of the original notice of hearing. This notice of hearing, dated April 11, 1991, addressed to Mr. Ronald J. Garcia and sent to the address for the licensed premises was returned by the Post Office. It was returned as: "MOVED LEFT NO ADDRESS, UNABLE TO FORWARD. " Very Truly Yours, PHILIP B. BYRNE Assistant City Attorney April 24, 1991 Mr. Ronald J. Garcia, Ms. Hoa Thi Do Page two cc: Robert Kessler License Inspector Albert B. Olson City Clerk Paige Purcell • Office of Administrative Hearings Lt. Nancy DiPerna Vice Unit Ms. Julie McEnro Community organizer Downtown Community Development Council Karl Wallin State Dept of Revenue � P.O. Box 64447 - Loc. 551 St. Paul, Mn 55146-5555 ' ' !h . � ���TT �+' CITY OF SAINT PAUL �� ; a a ; ;;;;�;;;��; ; OFFICE OF THE CITY ATTORNEY r AO • !�!� JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55302 612-298-5121 7AMES SCHEIBEL Fnx 6i2-29s-55i9 MAYOR April il, 1991 Mr. Ronald J. Garcia dba Garcia's Restaurant 77 Ninth Street East Saint Paul, Minnesota 55101 NOTICE OF $EARING • RE: In re the Licenses of Garcia�s Restaurant Dear Mr. Garcia• - This is to notify you that a hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: May 16, 1991 Time: 1:30 p.m. Place: City Hall Annex Room 1504 A 25 West Fourth Street St. Paul, MN 55102 The judge will be an Administrative Law Judge from the State of Minnesota off ice of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearinqs � � Fifth Flaar, Flour yxchang2 Bu�.�ding 310 Fourth Avenue South � Minneapolis, MN 55415 Telephone: 349-2544 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 Cade. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions, relating to all licenses you hold. ., F « Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On March 1, 1991, the City received a Notice from the Minnesota Department of Revenue that you owe delinquent state taxes, penalties or interest. Under Minn. Stat. §270. 72 , the City cannot renew your liquor licenses until it receives from the State a Tax Clearance Certificate as provided by that statute. Your license may be denied and your business closed if this matter is not resolved. The result of this hearing will be the loss of all licenses that you hold at that location, and you will be unable thereafter to re- apply for any licenses or have an interest in such licenses for a period of at least one year. You have the right to be represented by an attorney before and during the hearing if you so choose, 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 accordance with the requirements of sections 14 .57 to 14 . 62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or his/her attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the assistant city attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare written 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 . � ' t Council action. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14 . 60, subdivision 2. � Very Truly Yours, , . � PHILIP B BYRNE Assistant City Attorney cc: Robert Kessler License Inspector Albert B. Olson City Clerk _ Paige Purcell - Office of Administrative Hearings Lt. Nancy DiPerna Vice Unit Community Organizer Karl Wallin State Department of Revenue P.O. Box 64447 - Loc. 551 Saint Paul, Minnesota 55146-5555 .� i� 9�/��'' �". � ' �� ii 270.709 DEPARTMENT OF REVENUE 6432 i.� i ' the levy was made is satisfied or has become unenforceable by lapse of time;(2)release �� � of the levy will facilitate collection of the liability;(3)the taxpayer has entered into an ��' .'� i installment payment agreement under section 270.67,subdivision 2,unless the agree- �' ; ment provides otherwise, or unless release of the levy will jeopardize the status of the '", ' department as a secured creditor;or(4)the fair market value of the property exceeds a ,�, � the liability,and release of the levy on a part of the property can be made without hin- �;� ��; i dering collection.In the case of tangible personal property essential in carrying on the r�� ;� , trade or business of the taxpayer, the commissioner shall pravide for an expedited !� � , determination under this subdivision.A release of levy under this subdivision does not prevent a subsequent levy on the property released. ;� ! Subd. 2. Return of property. If the commissioner determines that property has been wrongfully levied upon, it shall be lawful for the commissioner to return: !� � (a) The specific property levied upon, at any time; .� . �� (b) An amount of money equal to the amount of money levied upon,at any time � before the expiration of nine months from the date of the levy; or � � (c) An amount of money equal to the amount of money received by the state of �� Minnesota from a sale of the property,at any time before the expiration of nine months �',�i .i from the date of the sale. �� For purposes of clause(c),if property is declared purchased by the state of Minne- �, ; sota at a sale pursuant to section 270.701,subdivision 5(relating to manner and condi- ��� tions of sale),the state of Minnesota shall be treated as having received an amount of ;� money equal to the minimum price determined pursuant to section 270.701, subdivi- sion 5 or, if larger, the amount received by the state of Minnesota from the resale of � ,. � ! the property. �'i History: 1982 c 523 art 2 s 25; 1990 c 604 an 1 s 18 , . , _. ' , 270J1 ACQUISITION AND RESALE OF SEIZED PROPERTY. I'� For the purpose of enabling the commissioner of revenue to purchase or redeem ;E` � seized property in which the state of Minnesota has an interest arising from a lien for �i unpaid taxes, there is appropriated to the commissioner an amount representing the cost of such purchases or redemptions.Seized property acquired by the state of Minne- �� sota to satisfy unpaid taxes shall be resold by the commissioner. The commissioner �i; ,, shall preserve the value of seized property while controlling it,including but not limited to the procurement of insurance. For the purpose of refunding the proceeds from the ���- ! saie of levied or redeemed property which are in excess of the actual tax liability plus A�it � ' costs of acquiring the property,there is hereby created a levied and redeemed property refund account in the agency fund.All amounts deposited into this account are appra �#� r priated to the commissioner of revenue. The commissioner shall report quaRerly on �; � ' the status of this ro p gram to the chairs of the house taxes and appropriations commit- ±�' t e e s a n d sena te taxes an d tax laws an d finance committees. '` ' ' History: 1982 c 523 art 2 s 26; 1986 c 444 .,�:.., ' 270J2 TAX CLEARANCE;ISSUANCE OF LICENSES. Subdivision l. Tax clearance reqaired.The state or a political subdivision of the state may not issue,transfer,or renew a license for the conduct of a profession,occupa- tion, trade, or business, if the commissioner notifies the licensing authority that the applicant owes the state delinquent taxes,penalties,or interest.The commissioner may not notify the licensing authority unless the applicant taxpayer owes$500 or more in �,` delinquent taxes. A licensing authority that has received a notice from the commis- � : sioner may issue,transfer,or renew the applicanYs license only if(a)the commissioner t '` issues a tax clearance certificate and(b)the commissioner or the applicant forwards a !�;, copy of the clearance to the authority.The commissioner may issue a clearance certifi- �_:, cate only if the applicant does not owe the state any uncontested delinquent taxes,pen- ;" alties, or interest. A,, ,�' Subd. 2: Definitions. For purposes of this section, the following terms have the meanings given. i�� � : ity o t. au v. ona arcia a �� '-Garcia's Restaurant ALJ�iearing 5-�ti-9T `�' City's Exhibit �� Z . � �� i 6433 DEPARTMEIVT OF REVENiJE 270.73 (a) "Taxes" are all taxes payable to the commissioner in interest due on the taxes. cluding penalties and (b) "Delinquent taxes" do not include a tax liability if(i) an administrative or court action which contests the amount or validity of the liability has been filed or served,(ii)the appeal period to contest the tax liability has not expired,or(iii)the appli- '� ` cant ha Kentered into a payment agreement and is current with the payments. j� � (c) Applicant means an individual if the license is issued to or in the name of � an individual or the corporation or partnership if the license is issued to or in the name j`�, of a corporation or partnership. "Applicant"also means an officer of a corporation, a j;�; , member of a partnership,or an individual who is liahle for delinquent taxes,either for + , - the entity for which the license is at issue or for another entity for which the liability j,�;}: was incurred,or personally as a licensee. In the case of a license transfer, "applicant" also means both the transferor and the transferee of the license. {�'f Subd. 3.Notice and hearing.The commissioner,on notif in a licensin authorit `'��� Y 8 8 Y � pursuant to subdivision 1,must send a copy of the notice to the applicant.If the appli- '�_ cant requests,in writing,within 30 days of the date of the notice a hearing,a contested �'rt case hearing must be held.The hearing must be held within 45 days of the date the com- a'�� missioner refers the case to the office of administrative hearings. Notwithstanding any '�� law to the contrary,the applicant must be served with 20 days notice in writing specify- �' ing the time and place of the hearing and the allegations against the applicant. The notice may be served personally or by mail. ;� ' Subd. 4. Licensing aathority; dades. All licensing authorities must require the i � applicant to provide the applicant's social security number and Minnesota business ,� _ identification number on all license applications. Upon request of the commissioner, ,�' the licensing authority must provide the commissioner with a list of all applicants, ;� including the name,address,business name and address,social security number,and business identification number of each applicant.The commissioner may request from � a licensing authority a list of the applicants no more than once each calendar year. i Subd. 5. [Repealed, 1Sp1986 c 1 art 7 s 37] a History: 1984 c 502 art 8 s 2,• 1984 c 655 art 2 s 10 subd 1; 1986 c 444;ISp1986 c � 1 art 7 s 15-17,• 1987 c 268 art 17 s 6,7; 1989 c 184 art 2 s 14 j 270J3 POSTING OF TAX DELINQUENCY;SALE OF LIQUOR OR BEER. �� Subdivision 1.Posdng,notice.Pursuant to the authority to disclose under section ;:�' 270B.12,subdivision 4,the commissioner shall,by the 15th of each month,submit to �'� the commissioner of public safety a list of all taxpayers who are required to withhold or collect the tax imposed by section 290.92 or 297A.02,or local sales and use tax pay- �� able to the commissioner of revenue,or a local option tax administered and collected ;� by the commissioner of revenue,and who are 30 days or more delinquent in either fil- ing a tax retum or paying the tax. ;� The commissioner of revenue is under no obligation to list a taxpayer whose busi- ��� ness is inactive. At least ten days before notifying the commissioner of public safety, the commissioner of revenue shall notify the taxpayer of the intended action. �'; The commissioner of public safety shall post the list in the same manner as pra !� vided in section 340A.318, subdivision 3. The list will prominently show the date of ! posting. If a taxpayer previously listed cures the delinquency by filing all retums and �; paying all taxes,the commissioner shall notify the commissioner of public safety within '! ' two business days that the delinquency was cured. "' r;� Subd. 2.Sales pmhibited.Beginning the third business day after the list is posted, ;� ' no wholesaler,manufacturer,or brewer may sell or deliver any product to a taxpayer '" included on the posted list. �'� ' ,,; Subd. 3.Penalty.A wholesaler,manufacturer,or brewer of intoxicating liquor or I' ' � nonintoxicating mait liquor who violates subdivision 2 is subject to the penalties pro- r vided in section 340A.304. I � Histo IS 1986 c 1 art 7 s 29,• 1987 c 268 art 17 s 26,41; 1989 c 184 art 2 s 15; ,� ' rY� P : 1990 c 480 art 10 s 1; 1990 c 480 art 2 s 1S ;;;- � r'' � I:, ,� � i I ' � ,c;�`?�':`,... LICENSES § 310A1 � -:.; d,\:r SUBTITLE A. IN GENERAL Legislative Code Chapter 310.Uniform License Procedures Class I Licenses Chapter Automobile Repair Garage and Sec. 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter,any chapter of Distributing 316 the Legislative Code pertaining to licenses as here- Amusement Rides 317 inaf�er mentioned, and subsequently enacted ordi- ' Mechanical Amusement Devices 318 nances establishing or relating to the requirements Bill Posters 319 for Class I, Class II and Class III licenses under Bituminous Contractors 320 authority of the City of Saint Paul, the terms Boarding and Roominghouses; defined in this section shall have the meanings Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 Christmas ZYee Sales 323 Adverse action means the revocation or suspen- Cigarettes 324 sion of a license,the imposition of conditions upon - Close-Out Sales 325 a license,the denial of an application for the grant, Building Contractors 326 issuance, renewal or transfer of a license, and Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action taken plants;Laundries 327 with respect to a license,licensee or applicant for Electrical and Appliance Repair 328 ��, a license. Fire Alarm—Telephone Devices; ��:� g Bond means a bond meeting the requirements Apparatus Installers 329 '�� �' Florists 330 �s� � �x��_yj of Section 310.07 and indemnifying the City of Food License 331 -::���% Saint Paul against all claims,judgments or suits caused by, resulting from or in connection with Fuel Dealers—Liquid Fuel 332 any licensed business, activity, premises, thing, Fuel Dealers—Solid Fuel 333 facility, occurrence or otherwise under these Fumigating—Pest Control 334 chapters. Gasoline Filling Stations 335 Private Fuel Pumps 336 Building o�cial means the supervisor of code Hardware Stores 337 enforcement in the department of community House Sewer Contractors 338 services. Ice Cream Processing and Distrib- uting 339 Chapters and these chapters shall mean this Mercantile Broker 340 Uniform License Ordinance, any chapter of the Milk 341 Legislative Code pertaining to licenses as here- Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ordi- Opticians 343 nances establishing or relating to the requirements Pawn Shops 344 for Class I, Class II and Class III licenses under Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licenses means those licenses which can ftadio and Television Repairs 348 be approved and issued or denied by the inspec- Rental of Clothing 349 tor, subject to the procedures required by these g,�ntal of Hospital Equipment 350 chapters. The following licenses are so classif'ied, Rental of Kitchenware 351 and the numbers shown opposite them correspond Rental of�Yailers 352 to the chapters in the Legislative Code pertaining �ller Rinks 353 _ to each license: Sanitary Disposal 354 � ? ,'i � : : ;�° Supp.No.9 �� :,, . . 202? -6arcia's Restaurant ALJ�iearing 5-16-9�' City's Exhibit �� 3 , § 310.01 LEGISLATNE CODE I Legislative Legislative Code Code Class I Licenses Chapter Class 777 Licenses Chapter Secondhand Dealers 355 Auctioneers 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 Game Rooms 406 Tow ZYucks—Service Vehicles 361 Hotel 407 �ee�imming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Masseuse 414 Building�rades Business Licenses 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Parking Lots 417 Finishing Shop 371 Taxicabs 376 Tire Recapping Plants 372 Gambling License 419 �::.�,. �ansient Merchants 373 Director means the director of the department Class II licenses means those licenses which of finance and management services, unless oth- must be approved or denied by the director, sub- erwise de�ned in the specific chapter, section or ject to the procedures required by these chapters. subdivision referred to. The following licenses are so classified, and the Division means the division of license and per- numbers shown opposite them correspond to the mit administration in the department of finance chapters in the Legislative Code pertaining to and management services. each license: Legislatiue Fee means and includes both the license fee Class II Licenses Code and application fee unless otherwise provided. Auctioneers—Short Chapter 390 License means and includes all licenses and Term License permits provided for or covered by these chapters. City Gambling Permit Section 402.06 Person means and includes any person, firm, Soliciting Funds—Tag Days Chapter 391 corporation, partnership, company, organization, Temporary On-Sale Beer Section 410.10 agency, club or any group or association thereof. Temporary Wine and Liquor Section 409.25 It shall also include any executor, administrator, Class III licenses means those licenses which trustee, receiver or other representative appointed can be approved or denied only by the council, by law. subject to the procedures required by these chap- Zoning administrator means the supervisor of ters. The following licenses are so classified, and code enforcement in the department of commu- the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license: ,':, Supp.No.9 `- ` `. 2028 ' • �1-- /�?�''��'" '�•�'� LICENSES §310.02 �,.�.. ..,....,•. nity services, or the official charged with respon- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, § 510.01;Ord.No. 17303, §3, 10-29-85; in subsection (1) above, the license may be re- Ord. No. 17569, § 1, 6-7-88) � voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- (a) Form. All applicants for licenses or permits ted by each applicant in his application, in addi- issued pursuant to these chapters shall make both tion to that required by specific sections in these original and renewal applications to the inspector chapters, as may be necessary to carry out and on such forms as are provided by the division. enforce any provision hereunder. He shall require Such applications shall not be received by the in every case the applicant to submit his name; inspector until completely filled out, accompanied business or corporate name; names of partners, by all fees, insurance policies, bonds, deposits, officers,directors,shareholders or trustees involved sureties, and indemnifications or certi�cates re- in the business; age; address; description or blue- quired by these chapters, together with the certi- print of the premises,if any,and the owner thereof, �cation required in paragraph(b)below. and locations and addresses of other business lo- cations in Minnesota. (b) Taxes. No person shall be granted a license, a renewal of a license or transfer of a license (d) No reapplication within one year after de- required by the Saint Paul Legislative Code un- nial or revocation. No person may apply for any less, prior to and in addition to any other require- license. within one year of the denial or revoca- ments,rules or ordinances heretofore or hereafter tion of the same or similar license by the city ` "� required,the Ramsey County Department of Prop- council, if suc�: denial or re�rocation was based � erty Taxation certifies that said applicant has solely or partially upon misconduct or n�tness -y paid any and all taxes, real or personal, before of the applicant, evidence of violations of law in- said taxes become delinquent, on any property, volving licensed premises, evidence that the ap- real or personal, situated within the City of Saint plicant had been involved in the operation of a Paul and used in connection with the business nuisance, or fraud or deception in the license ap- � operated under said license. plication. Denial of a license, as used in this para- graph, shall include a refusal of permission to Notwithstanding the previous paragraph, the transfer a license to the applicant. A license is council, the direetor or the inspector may issue, "similar,"within the meaning of this paragraph, renew or transfer a license if it is found that: if the basis upon which the revocation or denial of (1) The applicant has made an agreement sat- th�original license was made would have been a isfactory to the Ramsey County attorney to relevant basis on which to deny or revoke a li- cense of the type subsequently applied for. pay delinquent taxes in periodic installments; (e) Reapplication after denial; "interest" of ap- (2) The applicant has properly commenced a plicant in reuoked license. An application by a proceeding to contest the amount of tax person having an interest in,or whose sharehold- due or the valuation of his property, and ers or officers have an interest in, any premises has made all partial payments required by or enterprise whose license has been revoked or law in connection with such proceeding; or ��,�,hich a license has been denied shall be treated (3) The business property with respect to which as an application by the person whose license was taxes are delinquent is not owned by the denied or revoked. The term "interest," as used applicant, but by a lessor, and it would be in this paragraph, includes any pecuniary int.er- inequitable to require the lessee to pay such est in the ownership, operation, management or taxes. pro�ts of an establishment, but does not include: i ' �,::.:`'.; `.�,�-"' Supp.No.4 2029 D 310.0`l LEGISLATNE CODE �� ' bona fide loans;bona fide rental agreements;bona priate, the assistance of other city divisions or �de open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- ing merchandise, �xtures or supplies to such es- ble ordinances and statutes.The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for or operating a hotel but having at least one hun- issuance of a license unless otherwise required by dred fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations�shall be reviewed by the zoning adminis- cent or less'interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the lg) Waiting period aftc�r f ling of petition. Any building official for investigation and recom- petition required to be �led with the application mendation. for any license shall not be considered as offic- (Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially filed and irrevocable until seven(7)working days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recotnmenda- office. During the seven-day waiting period, any tions. sign�►tor of any petition may withdraw his name (a) Glass I licenses. Where an application for , -- therefrom by written request, and such request � shall be appended to the subject petition and made the grant,issuance,renewal or transfer of a Class ;'k,,:� I license meets all the requirements of law, and a part thereof. After the seven-day waiting peri- there exists no ground for denial, revocation or od, signatures may not be withdrawn unless it is suspension of,or the imposition of conditions upon, shown they were obtained by fraud or duress. such license,the inspector shall grant,issue,renew Signa�ures withdrawn or obtained by fraud or or transfer said license in accordance with the duress shall not be counted in determining the application. sufficiency of the petition. This subdivision shall apply in any case where the applicant for a li- (b) Class II licenses. Where an application for cense or license transfer must present a state- the grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or II license meets all the requirements of law, and percentage of persons that they have given their there exists no ground for denial, revocation or consent to the grant of the license or license transfer. suspension of,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in accordance with the application. applications,etc. (c) Class I and Class II licenses, if denied by The inspector shall determine the sufficiency inspector or director. In the event the inspector, and accuracy of each new application and obtain in the case of Class I licenses, or the director, in such criminal history information as may be used the case of Class II licenses, determines that the under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- otherwise available by law. The inspector shall fer,of the license does not meet all the require- make reasonable and appropriate investigation ments of law or that there exist grounds for deni- of the premises or personal property, vehicles or al,revocation,suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector licensed activity, and shall request, where appro- or director shall recommend denial of the applica- � � Supp.No.4 '`-- 2030 '"�'` LICENSES §310.05 tion and follow the procedures for notice and hear- determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay (d) Class III licenses. Upon receipt of a fully the issuance�of the license. completed application and required fees for a Class �Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord.No. 17551, § 1,4-19-88) III license, and after the investigation required, � the inspector shall notify the council. A public hearing shall be held by the council's committee �c. 1 .05. earing procedures. designated to hear license matters on the grant, (a) Adaerse action; notice and hearing require� issuance or transfer of all Class III licenses. The �ments. In any case where the council may or in- council's committee designated to hear license mat- tends to consider any adverse action, including ters may hold a hearing on the renewal of any the revocation or suspension of a license, the im- Class III license. In any case where the inspector position of conditions upon a license,or the denial recommends denial of the grant,issuance,renewal of an application for the grant,issuance,renewal or transfer of a Class III license, or where the or transfer of a license, the applicant or licensee council's committee designated to hear license ma� shall be given notice and an opportunity to be ters believes that evidence might be received at _ heard as provided herein. The council may con- the public hearing which might result in action sider such adverse actions when recommended by adverse to the application, the inspector or coun- the inspector, by the director, by the director of cil's committee designated to hear license mat- any executive department established pursuant ters shall follow the procedures for notice and to Chapter 9 of the Charter,by the city attorney hearing as set forth in Section 310.05. Where the or on its own initiative. application for the grant, issuance, renewal or transfer of a Class III license meets all the re- (b) Notic� In each such case where adverse ac- quirements of law,and where there exists no ground tion is or will be considered by the council, the for adverse action,the council shall by resolution applicant or licensee shall have been noti�ed in direct that the inspector issue said license in ac- �'iting that adverse action may be ta�en against cordance with law. the�icense or application, and that he or she is entitled to a hearing before action is taken by the (e) Appea� Class I or Class 77 licenses. An ap- council. The notice shall be served �r.hnailed a peal to the city council may be taken by any reasonable time before the hearing date, an� person aggrieved by the grant, issuance,renewal state the place,date and time of the hearing.The or transfer of a Class I or Class II license; provid- notice shall state the issues involved or grounds ed,however,that the appeal shall have been filed upon which the adverse action may be sought or with the city clerk within thirty (30) days after based.The council may request that such written the action by the license inspector or director. notice be prepared and served or mailed by the The only grounds for appeal shall be that there inspector or by the city attorney. has been an error of law in the grant, issuance, renewal or transfer of the license. The appeal (c) Hearing. Where there is no dispute as to the shall be in writing and shall set forth in particu- facts underlying the violation or as to the facts lar the alleged errors of law. The council shall establishing mitigating or aggravating circum- conduct a hearing on the appeal within thirty(30) stances,the hearing shall be held before the coun- days of the date of filing and shall notify the cil. Otherwise the hearing shall be conducted be- licensee and the appellant at least ten (10) days fore a hearing examiner appointed by the council prior to the hearing date. The prceedures set forth or retained by contract with the city for that pur- in Section 310.05, insofar as is practicable, shall pose. The applicant or the licensee shall be pro- apply to this hearing. Following the hearing,the vided an opportunity to present evidence and ar- council may �rm or remand the matter to the gument as well as meet adverse testimony or inspector or director,or may reverse or place con- evidence by reasonable cross-examination and re- ditions upon the license based on the council's buttal evidence.The hearing examiner may in its �--"" Supp.No.8 2031 §310.05 LEGISLATIVE CODE �" � f�. �: ;. :. discretion permit other interested persons the op- (� Council action; resolution to contain findings. portunity to present testimony or evidence or oth- Where the council takes adverse action with re- erwise participate in such hearing. spect to a license, licensee or applicant for a li- (c-1) Procedure; hearing examiner. The hearing cense,the resolution by which such action is taken examiner shall hear all evidence as may be pre- shall contain its findings and determination, in- sented on behalf of the city and the applicant or cluding the imposition of conditions, if any. The licensee, and shall present to the council written council may adopt all or part of the findings, con- findings of fact and conclusions of law, together clusions and recommendations of the hearing ex- with a recommendation for adverse action. aminer, and incorporate the same in its resolu- tion taking the adverse action. The council shall consider the evidence contained �g� Additional procedures where required Where in the record,the hearing examiner's recommended findings of fact and conclusions, and shall not the provisions of any statute or ordinance require consider any factual testimony not previously sub- additional notice or hearing procedures, such pro- mitted to and considered by the hearing examin- visions shall be complied with and shall super- er. After receipt of the hearing examiner's find- sede inconsistent provisions of these chapters.This ings, conclusions, and recommendations,the council shall include,without limitation by reason of this shall provide the applicant or licensee an oppor- specific reference, Minnesota Statutes, Chapter tunity to present oral or written arguments alleg- 364 and Minnesota Statutes, Section 340A.415. ing error on the part of the examiner in the appli- (h) Discretion to hear notwithstanding withdrawal cation of the law or interpretation of the facts, or surrender of application or license. The council and to present argument related to the recom- may, at its discretion, conduct a hearing or direct mended adverse action. Upon conclusion of that that a hearing be held regarding revocation or = hearing, and after considering the record, the ex- denial of a license, notwithstanding that the ap- - aminer's findings and recommendations, together plicant or licensee has attempted or purported to with such additional arguments presented at the withdraw or surrender said license or application, hearing,the council shall determine what,if any, if the attempted withdrawal or surrender took adverse action shall be taken, which action shall place after the applicant or licensee had been be by resolution.The council may accept,reject or notified of the hearing and potential adverse action. modify the findings, conclusions and recommen- dations of the hearing examiner. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a (c-2) Ex-parte contacts. If a license matter has license or other disciplinary action involving a been scheduled for an adverse hearing, council license has been scheduled before the council, a members shall not discuss the license matter with continuation of the hearing may be granted by each other or with any of the parties or interested the council president or by the council at the persons involved in the matter unless such dis- request of the licensee, license applicant, an in- cussion occurs on the record during the hearings terested person or an attorney representing the of the matter or during the council's �nal delib- foregoing, upon a showing of good cause by the erations of the matter. party making the request. (d) Licensee or applicant may be represented ' (Code 1956, § 510.05; Ord. No. 17551, § 2,4-19-88; The licensee or applicant may represent himself Ord.No. 17559, §§ 1,2,5-17-88;Ord.No. 17659, § or choose to be represented by another. 1, 6-13- �,,_.__ (e) Recorc�evidence. The hearing examiner shall Sec. 0.06 R.evocation; suspension; adverse receive and keep a record of such proceedings, ._. actions;imposition of conditions. including testimony and exhibits, and shall re- ceive and give weight to evidence, including hear- �a) Council may take adverse action. The coun- say evidence, which possesses probative value com- cil is authorized to take adverse action,as defined monly accepted by reasonable and prudent per- in Section 310A1 above, against any license or sons in the conduct of their affairs. permit, licensee or applicant for a license, as pro- � Supp.No.8 2032 "'�'^ LICENSES §310.06 vided in and by these chapters. Such actions shall formed his work or activity in an unsafe be initiated and carried out in accordance with manner. the procedures outlined in Section 310.05. (g) The licensed business, or the way in which (b) Basis for action..Such adverse action may said,.business is operated, maintains or per- be based on one or more of the folTowing reasons;; mits conditions tTia�;�nioeasonably annoy, which are in addition to any other reason,specifi- injure or endanger the safety,liealth, mor- cally provided by law or in these chapters: als, comfort or repose of any considerable (1) The license or permit was procured by mis- number of inembers of the public. representation of material facts, by fraud, � (9) Failure to keep sidewalks or pedestrian ways by deceit or by bad faith. reasonably free of snow and ice as required (2) The applicant or one acting in his behalf under Chapter 114 of the Saint Paul Legis- made oral or written misstatements or mis- lative Code. representations of material facts in or ac- (10) The licensee or applicant has shown by past companying the application. misconduct, unfair acts or dealings, or by (3) The license was issued in violation of any _ the frequent abuse of alcohol or other drugs, of the provisions of the Saint Paul Zoning that such Iicensee or applicant is not a per- Code. son of the good moral character or fitness required to engage in a licensed activity, (4) The license or permit was issued in viola- business or profession. tion of law, without authority, or under a material mistake of fact. (c) Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to rt - (5) The licensee or applicant has failed to com- impose reasonable conditions and/or restrictions r �=� ,n ply with any condition set forth in the li- upon a license issued or held under these chap- '" cense, or set forth in the resolution grant- ters, any one or more such reasonable conditions ing or renewing the license. and/or restrictions may be imposed upon such li- (6) (i) The licensee or applicant (or any per- cense for the purpose of promoting public health, son whose conduct may by law be im- safety and welfare,of advancing the public peace puted to the licensee or applicant)has and the elimination of conditions or actions that violated,or performed any act which is constitute a nuisance or a detriment to the peace- a violation of, any of the provisions of ful enjoyment of urban life,or promoting security these chapters or of any.statute, ordi- and safety in nearby neighborhoods. Such reason- nance or regulation reasonably related able conditions and/or restrictions may include or to the licensed activity, regardless of Pertain to,but are not limited to: whether criminal charges have or have (1) A limitation on the hours of operation of not been brought in connection there- the licensed business or establishment, or with. on particular types of activities conducted (ii) The licensee or applicant has been con- in or on said business or establishment; victed of a crime that may disqualify said applicant from holding the license �2) A limitation or restriction as to the loca- in question under the standards and tion within the licensed business or estab- procedures in Minnesota Statutes,Chap- lishment whose Esic]particular type of activ- ter 364. ities may be conducted; (7) The activities of the licensee in the licensed �3) A limitation as to the means of ingress or activity create or have created a serious egress from the licensed establishment or danger to the public health, safety or wel- its parking lot or immediately adjacent area; : fare, or the licensee performs or has per- �;,:;,�:�:::;..; \:;`,;- Supp.No.8 20321 §310.06 LEGISLATIVE CODE '� �� � _., (4) A requirement to provide off-street park- acts or omissions of agents, brokers, employees, ing in excess of other requirements of law; attorneys or any other persons as a defense or (5) A limitation on the manner and means of Justification for failure to comply with such filing advertising the operation or merchandise and maintenance requirements. In the event the licensee reinstates and files such policies, depos- of the licensed establishment; its,bonds or certifications within thirty(30)days, (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that , the business or establishment will harmo- 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 licenseholder,or may recommend the imposition of such conditions as an adverse action against the license or licen- � ses;the director has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the licenseholder, or upon any class of license as an adverse action against the license or licen- ses 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 adverse action against a license or licenses,including suspension. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord.No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89) Sec. 310.07. Termination of licenses; surety bonds;insurance contracts. (a) Automatic termtination, reirtstatement; re- sponsibility oFlicensee All licenses or permits which must,by the provisions of these chapters or other ordinances or laws, be accompanied by the �ling and maintenance of insurance policies, deposits, guarantees, boncLs or certifications shall automati- cally terminate on cancellation or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The li- censee is liable and responsible for the filing and maintenance of such policies,deposits, guarantees, bonds or certifications as are required in these chapters, and shall not be entitled to assert the Supp.No.8 -- 2032.2 ;f,;:�� ' LICENSES $310.09 the license is automatically reinstated on the same (d) Expiration date to be concurrent with term terms and conditions, and for the same period as of license or permit The expiration date of all originally issued. After thirty (30) days, the ap- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his license shall be concurrent with the expiration date of as though it were an original application. the license or permit. (b) Bonds and insurance requirements: (Code 1956, § 510.07) (1) Surety Companies: All surety bonds rur.- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be writ- ' (a) All licenses or permits shall be valid for a ten by surety companies authorized to do Period of one year from the date of issuance by business in the State of Minnesota. All in- the inspector, except as otherwise provided herein surance policies required by these chapters or in these chapters or in cases of revocation, shall be written by insurance companies suspension or termination under Section 310.06. authorized to do business in the State of (b) Licensees may continue to operate their busi- Minnesota. ness after the egpiration date of their license; provided, that the licensee has filed with the in- (2) Approved as to Form: All bonds �led with �$p�tor on or before the expiration date the ap- the City of Saint Paul in connection with propriate license application, license fees, insur- the issuance of licenses for whatever pur- ance and bonds. The inspector shall process the pose, and all policies of insurance required renewal application in the manner provided for to be�led with or by the City of Saint Paul in this Code. in connection with the issuance of licenses for any purpose whatsoever, shall first be �c) Whenever any licensee is the holder of the �- approved as to form by the city attorney. two(2)or more licenses of the City of Saint Paul �- �, >` which expire on different dates, the inspector is " (3) Uniform Endorsement: Each insurance pol- authorized, at the request of the licensee, to de- icy required to be filed pursuant to these termine a uniform date for the expiration of all or chapters shall contain the endorsement set any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Paul Legis- term and expiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these chap- heretofore or hereafter enacted. The provisions ters shall be conditioned that the licensee hereof shall govern the issuance of any new li- shall observe all ordinances and laws in cense to one already holding a license. relation to the licensed activity, business, (d) In order to conform to the foregoing provi- premises or facilities and that he shall con- sions, new licenses may be issued for a term of duct all such activities or business in con- less than one year, and the license fee therefor formity therewith. Such bonds shall also Shall be prorated for the period of issuance. indemnify the City of Saint Paul against (Code 1956, § 510.08; Ord. No. 17360, § 1,6-5-86) all claims, judgments or suits caused by, resulting from or in connection with the �c. 310.09. Fees. licensed business, premises, activity, thing, facility, occurrence or otherwise licensed �a) Application charge: under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination of bonds and insurance required Code, each applicant shall pay, at the time by city. Termination of bonds and insurance re- of�ling, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to these cessing charge for each and every applica- chapters shall be in accordance with the require- tion for a license or permit to be issued by ments of Chapter 8 of the Saint Paul Legislative the inspector, director or council of the City Code. of Saint Paul. • 2033 §310.09 LEGISLATNE CODE `..;:..i �-,., .•;,: �. (2) Refunds: Said two dollar fifty cent ($2.50) met when the license has lapsed by reason of � processing charge shall not, under any cir- expiration. cumstances, be refunded. (Code 1956, § 510.09; Ord. No. 16884,2-11-82) (b) Fee schedule. The council may by ordinance �c. 310.10. Refunds of fees. determine and establish one fee schedule for any or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de- these chapters, and a separate fee schedule for niec�service charge. Unless otherwise specifically applications for such licenses and permits,which provided by the particular licensing provisions may include fees to cover costs incurred by reason involved, where an application for any license is of the late filing. Such fees, in either schedule, withdrawn or denied, the inspector shall refund shall be reasonably related to the costs of admin- to the applicant the license fee submitted less a istration incurred in connection with each such service charge to recover in part the costs incurred application, license or permit. Costs of adminis- in processing the application in the amount of tration shall mean and include,but without limi- twenty-five(25)percent of the annual license fee. tation by this speci�cation, both direct and indi- rect costs and expenses, such as salaries, wages, �� Limitation on refun� other cases. In all other benefits and all personnel costs including train- cases as provided in paragraph (c), the inspector ing, seminars and schooling, expenses of investi- may refund not to exceed one hundred dollars gations and inspections, handling of inquiries and �$100.00) of fees received in connection with any requests for assistance, telephone and communi- license, permit or application therefor; provided, cations, stationery, postage, paper, reproduction, that he certify in writing that the amount of the off'ice capital equipment and all office supplies. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance and sonable costs of administration incurred up to __ that time in connection with said license, permit r?. posted in the office of the inspector shall super- 4 ,:::� ,,J sede inconsistent fee provisions in these chapters or application. The director may refund not to _: or in other ordinances or laws. exceed two hundred�fty dollars($250.00)of such fees upon a like certi�cation by the inspector. (c) Fee for one year; may be prorated Unless The council may by resolution authorize all re- otherwise specifically provided,the license fee stated funds upon a like certification by the inspector. is for a period of one year. Such fee may be pro- (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of less (b)may be made to the licensee or his estate: than a year. (1) Where the place of business of the licensee (d) Late fee. Unless otherwise specifically pro- or his principal equipment is destroyed or vided by the particular licensing provisions in- so damaged by fire or any other cause that volved, an applicant for the renewal of a license the licensee ceases for the remainder of the who makes application for such renewal after the licensed period to engage in the licensed expiration date of such license shall be charged a activity or business; late fee for each such license.The late fee shall be �2) Where the business or licensed activity ceases in addition to any other fee or payment required, by reason of the death or illness of the and shall be ten(10)percent of the annual license licensee or the sole employee or manager; fee for such license for each thirty-day period or portion thereof which has elapsed after the expi- or ration date of such license. The late fee shall not (3) Where it has become unlawful for the li- exceed fifty(50)percent of the annual license fee. censee to continue in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion,denial or any criminal activity on the ance of an original license than would be the case part of the licensee. for mere renewal, those requirements must be (Code 1956, as amended, § 510.10) �::_�_'_`,•;, � � _ �_:_::: 2034 � • �� `,��`-'� .�>� �,. LICENSES §310.11 Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a priuilege, not property. All licen- any transfer of license is made effective by the ses or permits issued by the City of Saint Paul action of approving the transfer. pursuant to these chapters or other ordinances or (fl Transfer; definition. "�ansfer," as used in laws confer a privilege on the licensee to engage these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person,or from place to place,or a transfer not constitute property or property rights or cre- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- ,interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- '��ansfer," as used in these chapters, shall not tached,executed upon,assessed or in any manner include the instance where a license is held by an taken for the purpose of satisfaction of any debt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All licen- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be trans- individual or by the members of said partnership_ ferable unless the specific chapter of the Saint (g) Assignment and bond to accompany appli- Paul Legislative Code pertaining to each specific ' cation. In the case of a transfer from person to license shall specifically prohibit the transfer of person, the application for transfer shall be ac- such license. No transfer of any Class III license companied by a written assignment of all rights issued by the City of Saint Paul shall be effective of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public hearing and in form required of an original licensee. �-�".: by the council's committee designated to hear li- ' � � �� cense matters and a resolution approving said (h) Public corporations. Notwithstanding other , , transfer is passed, approved and published. Both provisions of this chapter, publicly owned corpo- the transferor and transferee shall make applica- rations whose stock is traded in the open market tion for transfer of a license on such forms as may may comply with the transfer requirements per- be prescribed by the division, and in accordance taining to stcek ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer tax In all cases of transfer of a and addresses of all stockholders of record upon license from a present licensee to any other per- each renewal of the license. son, there shall be a t� on said transfer in the (i) Affidauit of transferor. No license transfer amount of twenty-five (25) percent of the annual shall be effective unless the transferor submits license fee charged for said license, said tax to be an�davit of such transferor,taken under oath, paid by the transferee. stating the following: (d) Transfer tax; deposit retained or returned (1) That in the case of Class III licenses, the Whenever an application is made for transfer of a transferor-affiant has posted notice to all license, the amount as set out in paragraph (c) employees in a conspicuous place on the shall be deposited with said application. If the licensed premises notifying all employees transfer of license is approved,the amount depos- of the time,place and date of hearing of the ited shall be retained by the city.If the transfer is transfer of the license to be held before the denied,the amount deposited shall be returned to Saint Paul City Council; the party depositing the same,in accordance with (2) That said notice speci�ed in subparagraph the requirements and conditions in Section 310.10. (1)above was posted continuously for four- (e) Transfer ta� exception. Paragraphs (c) and teen(14)days; (d)shall not apply in any case when,by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full annual li- owing the persons employed by the trans- censee fee or a prorated yearly annual license fee feror or that an agreement has been reached t-;,::' J Supp.No.4 2035 ,:� - ��� §310.11 LEGISLATNE CODE �. ;. ; :.;. between transferor and all employees as to (Code 1956, § 510.11;Ord.No. 16822,9-3-81;Ord. the payment of wages due and owing; No. 17551, § 3,4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health officer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (�ode 1956, § 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee �c. 310.14. Savings clause. may consent to and seek to transfer said license �a) If any provision in these chapters is held to the surviving spouse of the licensee.The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approval under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any �� �e repeal of any ordinance by ichis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not nance) shall not affect or impair any act done, limited to, pension, hospitalization, medical and any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- ing or prosecution had or commenced in any mat- grams; provided, that any person or organization ter,prior to the date this ordinance became effec- objecting to a transfer because of failure to pay tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs shall shall remain in full force and effect to all intents �le a written notice of objection with the license and purposes as if the repealed ordinances had inspector seven (7) days prior to the scheduled themselves remained in force and effect. Every public hearing on the transfer, and said notice Such suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec- tinued after repeal as though the repealed ordi- tor's claim. nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is prosecution which is based upon an act done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent to license,handle all said licenses as Class III licenses. repeal of the repealed ordinances,shall be brought Supp.No.4 � 2036 ' , . LICENSES §317.02 pursuant to and under the provisions of such re- or any city ordinance, shall be considered to be pealed ordinances as though they continued to be and treated as the act or conduct of the licensee in full force and effect. for the purpose of adverse action against all or (Code 1956, § 510.14) any of the licenses held by such licensee. To the extent this section is in conflict with Sections Sec. 310.15. Penalty. 409.14 and 410.09 of the Legislative Code, this Any person who violates any provision of these section shall be controlling and prevail;but shall chapters, or other ordinances or laws relating to not otherwise amend,alter or affect such sections. licensing, or who aids, advises, hires, counsels or �(Ord. No. 17629, § 1, 1-31-89) conspires with or otherwise procures another to violate any provision of these chapters or other Chapters 311-314. Reserved ordinances or laws relating to licensing is guilty of a misdemeanor and may be sentenced in ac- SUBTITLE B. CLASS I LICENSES cordance with Section 1.05 of the Saint Paul Leg- islative Code. The term "person," in addition to the definition in Section 310.01, shall for the pur- Chapter 315.Reserved* pose of this section include the individual part- ners or members of any partnership or corpora- Chapter 316.Animal Foods tion,and as to corporations,the off'icers,agents or Manufacturing and Distributing members thereof,who shall be responsible for the violation. Sec. 316.01. License required. (Code 1956, § 510.15) - No person shall engage in the business of the - manufacture or distribution of animal foods in Sec. 310.16. License fees, annual increases. Saint Paul without a license. Effective on January 1 of each calendar year, (Code 1956, § 384.01) all license fees, except building trades business license fees and fees for building trades certi�- Sec. 316.02. Fee. cates of competency, shall increase by the per- centage increase in the budget for the division of �e fee required is forty-five dollars($45.00). license and permit administration of the depart- (Code 1956, § 384.02) ment of�nance and management services. Prior to November 1 of each year, the director of fi- Chapter 317.Amusement Rides nance and management services shall file with the city clerk a notice of the percentage increase, Sec. 317.01. License required. if any, in license fees. (Ord. No. 16885, 2-11-82; Ord. No. 17059, 10-20-83; No person shall engage in the business of pro- Ord. No. 17303, § 4, 10-29-85) viding amusement rides,for charge,to the public in Saint Paul without a license. Sec. 310.17. Licensee's responsibility. (Code 1956, § 411.01) Any act or conduct by any clerk,employee,man- �c. 317.02. Fee. ager or agent of a licensee, or by any person pro- viding entertainment or working for or on behalf �e fee required is one hundred dollars($100.00) of a licensee, whether compensated or not, which for each lceation at which such person will oper- act or conduct takes place either on the licensed premises or in any parking lot or other area adja- 'Editor's note—The licenses under this chapter, derived cent to (or under the lease or control ofl the li- from $§345.01-345.03 of the city's 1956 Code,were redesig- censed premises, and which act or conduct vio- nated as Class III licenses by Ord.No.17207,adopted Jan.3I, � lates any state or federal statutes or regulations, 1985,and recodified as Ch.423. '�<:- ,.. `""- Supp.No.7 2037 §317.02 LEGISLATNE CODE f� ate and maintain the business of providing such devices is seven hundred fifty dollars ($750.00), . rides. together with an additionai fee of �'if.ty dollars (Code.135"6,� 4'11:U2) ($50.00) for each mac�ine other than music ma- chines, coin-o.per.ated television units, or coin- Chapter 318.Mechariical Amusement��Devices operated amusement rides owned and operated by.the'licensee. Sec. 318.01. License required;definitions. (Code 1956, § 412.03; Ord. No. 16784, 4-30-81; Ord. No. 16883, 2-11-82) 1Vo,persun�ha'11-own and allow to be operated � for'business purposes any coin-operated mechani- Sec. 318.03. Application. cal amusement device without a license. A coin- The application shall include, in addition to operated mechanical amusement device is hereby �ther required information, a list of the locations defined as any machine which,upon the insertion �,here the applicant proposes to install and oper- of a coin, token or slug, operates or may be oper- ated by the public for use as a game, entertain- ate such machines, the kind and number thereof, and the address of the place where the machines ment or amusement, which amusement device are to be stored. All applications shall contain a contains no automatic payoff device for the re- statement of the list price of such machines. turn of money, coins, checks, tokens or merchan- �Code 1956, §412.03) dise, or which provides no such pay-off by any other means or manner. The term "coin-operated �c. 318.04. License tags;no transfer;removal. mechanical amusement device" shall include so- called pinball machines; music machines; coin- (al The licensee shall receive,in addition to the operated television units;motion picture machines; license, one annual license tag for each machine � =:-., ,,;:�_,__ amusement rides, excepting those provided for he is licensed to own, which tag shali be displayed " under Chapter 317,pertaining to amusement rides upon the machine in a prominent place. Such of the type used at carnivals; table shuffleboard license tags must be secured and affixed to the games or similar games of amusement for which machines before machines are set up for opera- a fee is charged to players for the playing thereof; tion by the public. It shall be the responsibility of and all other machines which,by the insertion of licensee to obtain and affix such tags to said a co'in or token, operate for the entertainment or machines. amusement of the player,except weighing machines. (Code 1956, §§ 412.01, 412.02) 0�) No license issued hereunder may be trans- ferred, but a machine with license tag affixed may be moved by the owner from one location to Sec. 318.02. Fee. another; provided, however, that the owner shall (a) Amusement rides. The fee required for li- notify the inspector in writing at least five (5) censes for coin-operated amusement rides shall days before the move to the new location, advis- be one hundred seventy-five dollars ($175.00) for ing him of the name and address of the new loca- ten (10) amusement ride machines or fewer, and tion; and, further provided, that in the event the fifteen dollars($15.00)per machine for each amuse- inspector notifies the owner that the intended ment ride machines in excess of ten dollars($10.00). location is not properly licensed if a license is required, is in violation of zoning, health, �re or (b) Music machines; teleUision. The fee required other codes,or is otherwise unlawfully existing or for licenses for music machines shall be twenty- operated, then the owner shall not move any ma- five dollars ($25.00) per machine; and for coin- chines to that location until the inspector advises operated television units shall be sixteen dollars that the illegality has been removed. ($16.00) per location regardless of the number of (Code 1956, § 412.03; Ord. No. 17134, 5-10-84) machines per location. (c) Other deuices. The fee required for licenses - for all other coin-operated mechanical amusement Supp.No.7 2038 � riay 15, 1991 I hereby certify that the attached is a true and exact copy of the records of the License & Permit Division of the City of Saint Paul for Ronald J. Garcia DBA Garcia's Restaurant at 77 E. 9th Street. Ja en 0 f e Manager Jr'�S- �l� Date � �Q��C.o't�/ � " -- , —;�� ,��M.���,�.,,,�„M��,���,,,,,,���J`5 --�I ;;:::::::_ .,�,_ - . 1 .J�R.�' \ ,, , - � �s>�t�a r� �tlTa� „ _ Z �t�. <i;. , . � ; � � � My Co�:�r:r.�:r„� r.:�::,-,;a�; �.,. i::9� Kvwwwwwvvw�,n,•w�vwvw��rww"x ity o t. au v. Ronald Garcia dba Garcia's Restaurant ALJ H aring 5-16-3I City's Exhibit ��� LICENSE NO. CITY OF SAINT PAUL FEE $3 7 3 2.0 0 ���,' 13863 LICENSE & PERMIT DIVISION LICENSE INTOXICATING LiQUORS "ON SALE" 1ST HALF:$1866.00 2ND HALF:$ THIS CERTIFIES THAT RONALD J GARCIA HAVING PAID THE ABOVE FEE AND HAVIIdG COMPLIED W1TH OTHER ORDINANCE REQUIREMENTS I3 HER.EBY AUTHORIZED TO SELL INTOXICATING LIQUORS "ON SALE" � IN ACCORDANCE WITH THE PROVISION3 OF ORDINANCE NO.7bS7�APPROVED JANUAB.Y 18.19S4,BUT SUBJECT TO ANY AMENDMENT OR AMENDMENTS OF SAID OR.DINANCE NO.7557,IN THE FOLLOWIIdG DESCRIBED PORTIONS ONLY OF THE BUII.DING 3TRUCTURE KNOWN AS GARCIA'S RESTADRANT LOCATED AT 77 E 9TH ST ST PAUL MN 55101 THIS LICENSE MUST BE BEPT POSTED IN A CONSPICUOUS PART OF THE ABOVE PLACE OF BUSINESS NOT TRANSFERABLE FROM PERSON TO PERSON OR PLACE TO PLACE THIS LICENSE I3 ISSUED SUBJECT TO THE PROVISIONS OF ALL ORDINANCES OF THE CITY ` OF ST.PAUL,MIIdNE30TA.AND MAY BE REVOKED AT ANY TII�IE IF SAID P80VISION3 AR.E VIOLATED. THIS LICENSE EXPIRES 12/29/91 ROBERT KESSLER DATE OF I3SiIANCE O l�29`91 LICENSL dc PERMIT MANAGER. LicErtsE xo. CI7'Y OF SAINT PAUL FEE COLLECTED 13863 LICENSE AND PERMIT DIVISION $878.50 LICENSE POST LICENSE IN A CONSPICUOUS PLACE THIS IS TO CERTIFY THAT RONALD J GARCIA DOING BUSINESS AS GARCIA'S RESTAURANT PLACE OF BUSINESS 77 9TH ST E ST PAUL, MN 55101 HAVING PAID THE ABOVE FEE AND COMPLIED WITH OT�Ii OSDIIdANCE REQUIItEMENTB APPLICABLE THERETO,IS HER.EBY AUTHORLZED TO CONDUCT THE BUSIIVFSS OF: , SIINDAY ON SALE LIQUOR (1) — $2 0 0.0 0 NOT TRAN3FERABLE ENTERTAINMENT—CLASS 3 (1) — $4 3 5.5 0 FROM PER.SON TO PERSON RESTAURANT 14IiRS TO 99 SEATS—B (1) — $243.00 OH PLACE TO PLACE TEIS LICENSE IS ISSUED SUBJECT TO THE PROVISIONS OF ALL ORDINANCES OF T�CITY OF ST.PAUL�MIDiNESOTA AND MAY BE REVOKED. Tffi3 LICENSE FJCPIRE3 12/29/91 ROBERT KESSLER DATE OF ISSUANCE O 1�2 9�91 LICENSE dc PERMIT MANAGER �3_ I- �j ,,���' � . � � ' ���"`�"- ts���"���7 � :.� �.. _ '� �.�a�,•„� February 20, 1991 STATE OF MINNESOTA DEPARTMENT OF REVENUE GARCIQ RONALD J 77 E NINTH ST y o . au v. ona arcia a , ST PAUL , MN 55101 -�Garcia's Restaurant ALJ H aring 5-16-TI City's Exhibit ��.�_ ht : �iccoun� Number� �456�'42-OU1 Tax Tyae � SALES Periods � 11/90 , 12/90 Balance Due � S 834.68 Unfiled Tax Returns � License Holder� RONALD J GARCIA D/B/A GARCIA'S RESTAURANT Licensing Agency� CITY OF ST PAUL License Renewal Date � 12/30/91 Title of License (s ) � ON SALE LIQUOR, SUNDAY ON SALE LIQUOR, ENTER7AIN. CLASS 3, RESTAURANT CLASS B LIC #13863 NOTICE OF REQUIREMENT FOR TAX CLEARANCE The Minnesota Department of Revenue has been advised of the pending issuance, renewal or transfer of the license named above . Under Minnesota Statute 270 . 72, the above named licensing agency, upon receipt of this Notice , will not issue , renew or transfer the license until the Department of Revenue issues a Tax Clearance Certificate . The Department will issue a Tax Clearance Certificate when � 1 . The amount shown above plus accrued interest is paid , 2. All unfiled returns listed above must be filed and the tax, penalty and interest paid , . 3. Any returns becoming due prior to "the date of • payment are filed and fully paid . PAYMENTS MUST BE BY CERTIFIED FUNDS, CASHIER 'S CHECK OR MONEY ORDER AND MADE PAYABLE TO THE MINNESOTA DEPARTMENT OF REVENUE . o� :�� �� � _ ��� rss� til`! :, r'7'j-1�- � .i �( J -i F.i , � '....1�_�i.��la AN EQUAL OPPORTUNITY EMPLOYER . , �,����,�r • � r � �>>�,�°� ....,.:,.. y�"` � � i 3�.; `. �����.....+��.. mr;���� STATE OF MINNESOTA DEPARTMENT OF REVENUE NOTICE OF REQUIREMENT FOR TAX CLEARANCE Page 2 Send your payment and/or returns ,. MINNESOTA DEPARTMENT OF REVENUE COLi.�CTIUN EN��RCEMENT UNIT P.O . BOX 64447 - LOC. 551 ST. PAUL, MN 55164 If you have any questions, please call KARL WALLIN at t612)296-2128 . You have the right to protest the Department of Revenue 's action . You may request a hearing before the 0-Ffice of Administrative Hearings (an independent agency) . To request a hearing , state the basis for your protest, in writing , and submit along with the attached copy of this letter in the enclosed return envelope . Your request must be received within THIRTY (30 ) DAYS of the date of this Notice . A hearing will be scheduled by an Adminstrati >>e Law Judge and you will receive notification of the date and location of the hearing . , If you take no action before the renewal date of your license , the decision to deny you a Tax Clearance Certificate will be final . � a � ROSE A UNDERHILL , COLLECTION OFFICER MINNESOTA DEPARTMENT OF REVENUE COLLEC7ION ENFORCEMENT UNIT cc � CITY OF ST PAUL; DEPT OF PUBLIC SAFETY, LIQUOR CONTROL PLEASE NOTE THE ISSUANCE OF A TAX CLEARANCE CERTIFICATE BY THE MINNESOTA DEPARTMENT OF REVENUE DOES NOT GUARANTEE THE AUTOMATIC ISSUANCE OF YOUR LICENSE . WHEN YOU RECEIVE YOUR COPY OF THE TAX CLEARANCE CERTIFICATE, YOU MUST CONTACT THE LICENSING AGENCY FOR FURTHER INSTRUCTION. 2456942-001 0000113630 LCNOTI01 0400 AN EQUAL OPPORTUNITY EMPLOYER ���.�'�II�II�iB�� C`�••......••`•'Y�.@. v�IIEO�NR��/���/�J w, ��a). �/•y :�C .F�1 ��• , � ��I���'.p..�.p•} •� n!//[f[�`IX6�1R�� STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55415 (612)341-7600 RECEIVED �une 20, 1991 JUN 2 6 1991 A1 bert B. O1 son, Ci ty C1 erk CITY CLERK St. Paul City Council 386 City Hall St. Paul , MN 55102 Re: City of St. Paul v. Garcia' s Restaurant; OAH Docket No. 57-2101-5483-6 Dear Mr. Olson: Because the report in this matter has been served (June 14, 1991 > I am closing our file and returning the official record to you. Sincerely, �, � ' V'��.5`-'�� PAIGE L. PURCELL Docket Clerk, OAH Telephone: 612/341-7615 PP Enclosure AN EQUAL OPPORTUNITY EMPLOYER � �- f- f��s��=- STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL RECEIVED J U N 2 6 1991 5�-2ioi-5483 �� CITY CLERK In the Matter of the Revocation FINDINGS OF FACT, of the Liquor License Issued to CONCLUSIONS OF LAW, Ronald J. Garcia d/b/a Garcia's RECOMMENDATION Restaurant, 77 Ninth Street East, AND MEMORANDUM St. Paul, Minnesota 55101 The above entitled matter came on for hearing before James H. Ranum, Administrative Law Judge, on May 16, 1991, at the Fourth Floor Meeting Room of the Downtown Main Library, 900 West Fourth Street, St. Paul, Minnesota 55102 . Appearing on behalf of the City of St. Paul was Phillip B. Byrne, Attorney at Law, 647 City Hall, St. Paul, Minnesota 55102. There was no appearance by the licensee. The hearing was attended by the manager and potential opera- tors of the restaurant, Tan Xuan and Hoa Thi Do. The record in this matter closed at the end of the hearinq on May 16, 1991. STATIIKLNT OF ISSUE May the City revoke the liquor license of Ronald J. Garcia d/bfa Garcia's Restaurant for failure to pay sales tax while its license was in effect? Based upon a the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On March 1 , 1991 the City received a Notice from the Minnesota Department of Revenue that Ronald J. Garcia d/b/a Garcia's Restaurant owed delinquent sales tax in the amount of $834.68 (City Exh. 5) . -1- �' � �� � 2. That as of February 20 , 1991 , Ronald J. Garcia d/b/a Garcia's Restaurant held an On-Sale Liquor, Sunday On-Sale Liquor, Entertainment Class 3 , Restaurant Class B, License 13863 (City Exh. 4) . 3. The Minnesota Department of Revenue will issue a tax clearance certificate when ( 1) the amount owed plus accrued inter- est is paid, (2) all unfiled returns are filed and all amounts paid, and ( 3) any returns becoming due prior to the date of payment are filed and fully paid (City Exh. 5) . 4. That on April 24, 1991 , Ronald J. Garcia and Ms. Hoa Thi Do, manager, were served by mail with a Notice of Hearing. The letter was returned: "MOVED, LEFT NO ADDRESS, UNABLE TO FORWARD" (City Exh. 2) . 5. As of May 16, 1991 , (1) the amounts due was not paid, and (2) no returns were filed (testimony of John Ridge and Chris L. VanHorn) . Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. That Notice of the Hearing was given in a timely fashion. 2. That all other procedural requirements of law have been met, and the City Council and the Administrative Law Judge have jurisdiction under Minn. Stat. 14.50 and St. Paul Legislative Code Section 310.05 to take the proposed action. 3. Minn. Stat. 270.72 provides: 270.72. Tax clearance; issuance of licenses , Subdivision 1. Tax clearance required. The state or a political subdivision of the state may not issue, transfer, or renew a license for the conduct of a profession, occupation, trade, or business, if the commissioner no- tifies the licensing authority that the ap- plicant owes the state delinquent taxes, penalties, or interest. The commissioner may not notify the licensing authority unless the applicant taxpayer owes $500 or more in delin- quent taxes. A licensing authority that has received a notice from the commissioner may issue, transfer, or renew the applicant's li- cense only if (a) the commissioner issues a -2- �% �`�. � `� tax clearance certificate and (b) the commis- sioner or the applicant forwards a copy of the clearance to the authority. The commissioner may issue a clearance certificate only if the applicant does not owe the state any uncon- tested delinquent taxes, penalties, or inter- est. 4 . That Donald J. Garcia d/b/a Garcia's Restaurant is in default in this matter. 5. That Donald J. Garcia d/b/a Garcia's Restaurant violated the code and statutes regarding payment of taxes. RECOIKl�:NDATION That the St. Paul City Council may revoke the liquor license held by Donald J. Garcia d/b/a Garcia's Restaurant. Dated this - �u�day of June, 1991. J S H. RANUM Adm nistrative Law Judge Reported: Taped. -3- � C �'o � � l Ic� � � r MII��IORANDUIrI The statute is clear and unequivocal that a political subdivi- sion may not issue, transfer or renew a license if the licensing authority is notified that the applicant owes delinquent taxes. The licensee owes taxes and accordingly its license may be revoked. JHR A� f��. n __ JAM ES H. RAN U M " ~- � - � --�? ATfORNEY AT UW e ' "°,. , � �i � f � � , � t. � : � r��.;.,:�� � . _ -- r � 628 NORWEST MIDLAND �i"CER€IFIEb SPECIALIST 101 SECOND AVENUE SOUTH CIVIL TRIAL ADVOCATE MINNEAPOUS,MINNESOTA 55�01 NATIONAL BOARD OF TRAIL ADVOCACY 812-333-7579 ALSO ADMITTED IN W�SCONSIN June 14, 1991 RECEIVED The Honorable George Beck Office of Administrative xearings JUN 2 6 199� Flour Exchange Building, 5th Floor 310 Fourth Avenue south CITY CLERK Minneapolis, Minnesota 55415 Re: In the Matter of the Revocation of the Liquor License Issued to Ronald J. Garcia d/b/a Garcia's Restaurant, 77 Ninth Street East, St. Paul, Minnesota 55101 File No. 57-2101-5483- � Dear Judge Beck: Enclosed for filing please find Affidavit of Service by mail and three copies of the Findings of Fact, Conclusions of Law, Recommendation and Memorandum. Very truly urs, Ja s H. anum JHR/k Encl. ,-� �� -� ��� AFFIDAVIT OF SERVICE James H. Ranum, of the City of Minneapolis, County of Henne- pin, in the State of Minnesota, being duly sworn, states that on the ��t� day of June, 1991, he served the annexed Findings of Fact, Conclusions of Law, Recommendation and Memorandum on the following persons by mailing to them a copy thereof, enclosed in an envelope, postage prepaid,� and by depositing the same in a post office at Minneapolis, Minnesota, directed to them at the following addresses: Mr. Ronald J. Garcia d/b/a Garcia's Restaurant 77 Ninth Street East St. Paul, Minnesota 55101 Mr. Ronald J. Garcia 255 West Winifred St. Paul, Minnesota 55107 The original file with exhibits has been mailed to Phillip B. Byrne, Assistant City Attorney, 647 City Hall, St. Paul, Minnesota 55102. Subscribed and sworn to before me this _L"^day of J ne, 1 1. , . � .____.._ Notary Public —�--_.___._�.� ■ s .�"� KATHLEEN M.KORST 1` NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY My Com�rission Expues June 9, 1992 . " ��,v��� �i -����r dF.'�sr"'? .•�,�L6 Uly�� v`o ��y ���.;� � _•:MM ��• ' ��t....•}••� �oiUrl`��ptIIff�� STATE O F M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILDING 310 FOURTH AVENUE SOUTH RECEIVED MINNEAPOLIS,MINNESOTA 55415 (612)341•7600 J U N 2 6 1991 Apri 1 16, 1991 CITY CLERK Mr. Ronald J. Garcia dba Garcia' s Restaurant 77 Ninth Street East St. Paul , MN 55101 Philip B. Byrne Assistant City Attorney 647 City Hall St. Paul , MN 55102 Re: City of St. Paul v. Garcia's Restaurant; OAH Docket No. 57-2101-5483-6 Gentlemen: Please make note that due to a scheduling conflict Adminstrative Law Judge Steve M. Mihalchick is not available to preside over the above-referenced matter. Please direct all future questions and correspondence to Administrative Law Judge James H. Ranum, 828 Norwest Midland Liuilding, 401 Second Avenue South, Minneapolis, Minnesota 55401 , telephone no. (b12> 333-7579. Please note that the hearing time, place and da�e will remain the same. Thank you for your anticipated cooperation. Yours very truly, —I PAIGE L. PURCELL Docket Clerk, OAH Telephone: 612/341-7615 PP AN EQUAL OPPORTUNITY EMPLOYER mm�nmunrr„� �/ J I -` �•� ;, � • �;. .�ES.1,.�. � � C�••.... t: y,•:a<OUS no wa���i. . . . . :�! � 1 ��.�' �,._ �'f�.....}�•Yy ��u,r;1��yS� STATE OF M I N N ESOTA OFFICE OF ADMINISTRATIVE HEARINGS FIFTH FLOOR,FLOUR EXCHANGE BUILOING RECEIVED 310 FOURTH AVENUE SOUTH MINNEAPOIIS,MINNESOTA 55415 �6,2,34,-�� JUN 2 6 1991 CITY CLERK April 16, 1991 Mr. Ronald J. Garcia dba Garcia's Restaurant 77 Ninth Street East St. Paul , MN 55101 Philip 6. Byrne Assistant City Attorney 647 City Hall St. Paul , MN 55102 Re: City of St. Paul v. Garcia' s Restaurant; OAN Docket No. 57-2101-5483-6 Gentlemen: Please make note that due to a scheduling conflict Adminstrative Law Judge Steve M. Mihalchick is not available to preside over the above-referenced matter. Please direct all future questions and correspondence to Administrative Law Judge James H. Ranum, 828 Norwest Midland Building, 401 Second Avenue South, Minneapolis, Minnesota 55401 , telephone no. (612) 333-7579. Please note that the hearing time, place and date will remain the same. Thank you for your anticipated cooperation. Yours very truly, —1 � PAIGE L. PURCELL Docket Clerk, OAH Telephone: 612/341-7615 PP AN EQUAL OPPORTUNITY EMPLOYER . , _ v —S 4 8 3 - C� ���' �a �`�� . 57 � � I ♦Cl*r��� �R� = CITY OF SAINT PAUL a � � iiii�iit n •" '}:�� �5 �--,� .-_ ;t., OFFICE OF THE CITY ATTORNEY �+ �O 1�`..__ .. __s I ;_;J ,... 1� ��'� �� �r� �� �J� JANE A. MC PEAK, CITY ATTORNEY 647 City Hail,Saint Paul,Minnesota 55102 r.�.��' �•�•�,i�.W i;�:'�C 612-298-5121 JAMES SCHEIBEL r . ,,,. MAYOR '��rn;•��:�:U J FAX 612-298-5619 April 11, 1991 RECEtVED Mr. Ronald J. Garcia �UN 2 61991 dba Garcia's Restaurant �7 Ninth street East CITY CLERK Saint Paul, Minnesota 55101 NOTICE OF HEARING RE: In re the Licenses of Garcia's Restaurant Dear Mr. Garcia: - This is to notify you that a hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: May 16, 1991 Time: 1:30 p.m. Place: City Hall Annex Room 1504 A 25 West Fourth Street St. Paul, 1�IIJ 55102 The judge will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. ihalchick �°-``'��."�:"ti�-�� � Office o�Administrative Hearinqs Fifth Floor, Flour Exchanqe Buildinq 310 Fourth Avenue South Minneapolis, MN 55415 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310. 05 and 310. 06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions, relating to all licenses you hold. . -%i t��� � . . Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On March 1, 1991, the City received a Notice from the Minnesota Department of Revenue that you owe delinquent state taxes, penalties or interest. Under Minn. Stat. §270.72, the City cannot renew your liquor licenses until it receives from the State a Tax Clearance Certificate as provided by that statute. Your license may be denied and your business closed if this matter is not resolved. The result of this hearing will be the loss of all licenses that you hold at that location, and you will be unable thereafter to re- apply for any licenses or have an interest in such licenses for a period of at least one year. You have the right to be represented by an attorney before and during the hearing if you so choose, 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 accordance with the requirements of sections 14.57 to 14. 62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or his/her attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the assistant city attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare written 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 forfeited. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14. 60, subdivision 2. Very Truly Yours, ` . �✓ PHILIP B BYRNE Assistant City Attorney cc: Robert Kessler License Inspector Albert B. Olson City Clerk � Paige Purcell Office of Administrative Hearings Lt. Nancy DiPerna Vice Unit Community Organizer Karl Wallin State Department of Revenue P.O. Box 64447 - Loc. 551 Saint Paul, Minnesota 55146-5555