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87-1023 WHITE — CITV CLERK PINK — FINANCE GITY OF SAINT PAUL Counci! CANARV — DEPARTMENT ls� � 91.UE —MAVOR File NO. � /�'"� rdin�nce Ordinance N 0. �7�0�� . . Presented By Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 410 of the Saint Paul Legislative Code pertaining to non-in�o,ticating malt liquor. THr� COU�TCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That Chapter 410 of �he Saint Paul Legislative Code be and is hereby amended so as to add the following: 410.12. Revocation; suspension; fine. Any license or permit under this chapter may be either suspended for up to 60 days or revoked or a civil fine imposed not to e;�ceed i2 , 000 for each violation on a finding by �he Council that the license or permit holder has failed �o com;�ly with an applicable statute, rule or ordinance relating to alconolic b�verages. No suspension, revocation or fine shall take effect� until the license or �ermit holder has been afforded an opportunity for a hearing under section 310.05 of this Code. Section 2. This orainance shall '�ake effect an� be in force thir-cy days from and after its passage, approval and publication. COUNCILMEN Requested by Department o • Yeas Nays � �� 8revr c � �� Nicosia [n Favor iive�ms� , s�n.�bei � Against Sonnen T����%Of�' Wilson oEC �14 �g�7 Form Appr ed City Attorney Adopted by Council: Date Certified Pas uncil S c ry BY By p Approv y Mayor. Date � ��C' � `� �U� Approve by ay or ission to Council . B P��p- � - 2198�� :1��(�1 �-:�� :� ; " CITY' 4F ►�AINT PAUL Members: �i°�'� � OFFICE OF TH� CITY COIINCIL Bob Long, Chair '€it m. n � � Janice Rettman �U� _ • Tan Dimond � � ✓�. � Co�r�ittee Rep�rt . � �: a_____nce, Mana���e�t�Personnel Committee. . FEBRUARY 8, 1988 1. Approval of minutes £�om meetings held January 27 and February 1, 1988. Approved � / 2. Letter of the State De rtme�f of Revenue transmitting Application No. 333644 of Richard D. War cir Towle Properties for reduction of assessed valuation of certain 1 state in the City of St. Paul. (Referred from Cit ouncil eeting January 28) -- �j�i� . 3. Resolution approving application to transfer On Sale Liquor, Sunday On Sale Liquor, Ent�rtaiimient, Restaurant, Hotel/Motel and Additional Rooms Licenses . currently issued to M.S.P. Hotel Association (Hershel Sabin, sole general partner) dba SheraCon-Midway St. Paul at 400 N. Hamline to Hotel Managers of St. Paul, Inc. (Robert Baersch, President) dba Sheraton Midway St. Paul at the same address. (Referred from City Council meeting January.28) Approved . . r- 4. Report from Finance Department on status of review of County's proposal on � financing the renovation af City Hall-Court House. (Laid over from camnittee meeting February 1) Discussed � 5. Proposed budget resolution setting limit on taxes and spending in Fiscal Year 1989. (Laid over from cocrsnittee meeting January 27) �d over to�.Feb. 22 :,:fi. Consideration of proposed ordinances and resolution to revise the Council's license procedures and es�ablish guidelines for sanctions in adverse actions. (Laid over €ran.committee meeting February 1) Approved Wilson Ordiria�ces 87-1022, 87-1023 J. Segal reviewing c�[hers , 7. Administrative Resolution establishing the rate of pay for Building Design Contract Administratar in the Salary Plan and Rates of Compensation Resoltz- tion. (Laid over from co�nittee meeting February l) Approved °f3. PropoSed ordinance amending Legislative Code to allow for public hearings on license matters to be held in comnittee. Jerry Segal reviewing as to form 9. Discussion and adoption of corrunittee goals for 1988. �id over to February 22 l�(.�. New business. 11. Adjourn. NOTE: February 15, President's Day, is a holida}T. There caill not be a Finance, ManaQement & Personnel Co�rgnittee meetinQ. ' C'C.'�' �IALL SEVENTH FLOOR SAINT PAUL,MINNESO"I'A 55102 _ '°' •° _ , . _..... _ __ ..,._�. � ... _ _ .. _ _ . ., . . �_ _...... .�:. _... ..�....._...:..._:. ' � � ,r�`�/�a� �w��;M;;;,. � CITY OF SAlNT PAUL ;� �; OFFICE OF THE fITY CLERK �� t u�n ._ i+ ' '� �f � /ILBERT B. OLSON, CtTY CLERK ,, _ ���•i����i,��'°; �f Gtr H7II�Si1Dt PiY{,Minnesota 55102 612-298-4237 CEORGE L/►TIMER MAYOR NOTICE OF PDBLIC BEARING T0 OWNERS OF INTOXICATING AND NON—INTOXiCATING LIQQOR LICENSES The St. Paul City Council will hold a public hearing on the 9th day of December, 1987 at 9:00 A.M. in the Council Chacnbers on the 3rd floor of City Hall to consider ordinances pertaining to procedures for violations to liquor laws and procedures for holding adverse hearings on viol.ations. At said time and place the Council wi21 hear any persons relative to these issues. Attached is a sumnary oE the proposed ordinances. , • j _ . . . _ . . _ ........ . . .. .. . _ .._... . ._. . . . . . . .._ ._:._. . .._._ ._ __.,..._------�..r_._.�: � Ordinance number CF 87-1022 amends section 409. 12 which regulates the licensing and sale of intoxicating liquor_ The present section 409. 12 provides that the council may revoke any liquor license for violations ofi the chapter 409 or of the state's liquor control act, and provides that a public hearing must first be conducted before the council may take such action. The proposed •amendment would incorporate the language of Minnesota Statutes, section 340A.415, and states that the council may either suspend or revoke a liquor 2icense, or impose a civil fine not to exceed $2,000, fi or violations of ordinances or other laws relating to alcholic beverages. A public hearing on such adverse action wouZd be required as specified in section 310.05 of the Legislative Code. Ordinance number CF 87-1023 amends chapter 410 of the code which regulates the licensing and sale on non-intoxicating malt liquor. The amendment would add a new section, 410. 12, which contains a provision fior susp�nsion, revocation or civil fiine identical to that provided in chapter 409 (intoxicating liquor) . Ordinance number CF 87-254 would add provisions to chapter 409 relating to intoxicating liquor. The purpose og the ordinance• is stated in subdivision 1 thereo-F as follows: � Purpose, The purpose ofi this section is to e�tablish a standard by which the License Inspector may be guided in determining which lic�nse holder should be � brought before the city council fior possiSle adverse act�on, including license suspension, revocation, fine/and or the placing of conditions upon the - business license. This 5ection shall apply to aIl on-sale and off-sale licensed businesses. Following this statement of purpose is a "point schedule" listing types of offen�es and assigning to each type a point value. Subdivision 3 provides that the license inspector shall bring to hearing before the city council any licensee who has accumulated more than 100 points during a 12-month period, 150 points during a 24-month period and 200 points during a 36-month period. 7herefore the point system e�tablished by the ordinance clirects the _ . __ , _ _ . . _ _._._ _. _ _. _. , , . . l.icen�e Inspector'� action� regarding when the Council - should be� notified of liquor related violation� fior the - purpose ofi considering taking �ome type ofi adverss action, �uch as suspension, revocation or civil f ine. In addition to specifi yin9 when the License Inspector �hall schedule adverse hearings, subdivision 4 also es�ab2ishes a standard guiding the council in determining what type of - adverse action �hould be taken in each in�tar►ce_ Thi� subdivision provideg that in the instance where I00 points are accumulated during a 12-month period a 5 day suspension may be levied; 150 point� during a 24-mon�h period may result in a 10 days suspension, and a I5 �ay suspension in the case of 200 points during a 36-month period. Subdivision 5 provide� that the council may take other adverse in a particu2ar case, different than that �uggested in subidivisi.on 4, including revocation or a civil fiine not to exceed $2,000. Ordinance number CF 87-681 is somewhat similar- to the above ordinance (87-254) in that its stated purpo�e is to provide the council with standards by which it �ill determine what type of adverse action is to be taken regarding liquor-law violations and when the License Inspector should bring to the council 's attention such violations by licensees. Purpose. The purpose of this section is to establish a standard by which the City Council datermines the length of licen�e suspensions, revocation, fine and/or the placing of corditions upon the busines� license. This section �hall apply to all on-sale and offi-sale licensed busine�ses. Subdivisian 2 requires that the License Inspector place on the council agenda f or adverse hearing any Iiauar-rela�ed convictions on behalf of licensees or employees_ I� zddition, the Inspector is required to place on the Cauncil , at the request of the Fire Chief or Directar of the Department of Com�unity Services, any licen�ee whc has failed to correct violations of fire, bui2ding or healzh codes within the time specified by the re�pective admini�trative ofificial . Subdivision 3 specifies that the Inspector shall �lace these hearings on the cou�cil agenda within 60 days oL each conviction or notification receiveC from the Chief or Director and require� that the Inspector send written notice of the hearing to those partie;; specified in th� Early Notification Policy. Subdivision 4 of the proposed ordinance reyuires the - .. _ __ __ - _ �_._ .. . ._.. ... . _ _._.. . • .. � . . � ._ . . Inspactor to notity city stai't ofi th� council hea�ing, ' specifies that the In�pector is to receive report� trom ail city staff who will then provides copies ot the �eports to all councilmemb�rs, and also requires that city sta�f appear at : the cquncil hearing. Subdivision 5 sets -Porth standard� to guide the council in determ.ining what adverse action to take in the case of � convictions or uncorrected code violations, broken dov�n into three classe�: lst occurrence, 2nd occurrenc� and 3rd occurrence. • Subdivision 6 states that a conviction or viola.tion shall be conside�ed a 2nd one ifi it occurs within 18 months ofi . the first conviction or report, and �hal3 be can3idersd a 3rd one if it cccurs within 30 months o� the second �conviction or report. � Subdivision 7 require� that the Counci2 consider the evidence presented at the hearing, and that it may take some f orm of adverse action, such as suspsnsion, revocation, civil fine or p�acement o-P conditions trpon the license. Subdivision 8 prohibits councilmembers from contacting any of the affected parties prior to the council makirtg a determination on what adve��e action is to be taken, other than communicating any questions to the City Attorney for a written re.,pon�e to all councilmembers and affiectect � � parties. Subdivision 9 state� that the Council retain� the right t� suspend up to 60 day� or revoke a license or �mpose a �.ci.vi2 f�ne not to e:<ceed 52,000 for liquor related violations o-P ordinance or statutory provisions. ��` � lst j' :��"/;.,Y; '! ��T` 2nd � --'.� �� / �-� __ 3rd ��� �Adonted <�'"r'''�'+j c� /� �1�- Y as ` ��� Nays DREW , � � ..;.. ��;_r-- r .. - ' NICOSIA � / ,�_�._�.'�'�-a RETTMAN SCHEIBEL SONNEN � WILSON ' MR. PRESIDENT TEDESCO :,