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File #: Ord 12-42    Version: 1
Type: Ordinance Status: Passed
In control: City Council
Final action: 8/22/2012
Title: Amending Chapter 310 of the Saint Paul Legislative Code pertaining to technical amendments for computation of time and appearances.
Sponsors: Kathy Lantry
Title

Amending Chapter 310 of the Saint Paul Legislative Code pertaining to technical amendments for computation of time and appearances.

Body

THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:

                                                SECTION 1

Section 310.05 of the Saint Paul Legislative Code is hereby amended to read as follows:

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(v)  Computation of time.

(1)  Second appearance. A second violation within twelve (12) months shall be treated as a second appearance for the purpose of determining the presumptive penalty.

(2)  Third appearance. A third violation within eighteen (18) months shall be treated as a third appearance for the purpose of determining the presumptive penalty.

(3)  Fourth appearance. A fourth violation within twenty-four (24) months shall be treated as a fourth appearance for the purpose of determining the presumptive penalty.

(4)  Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. Measurement of the twelve-, eighteen-, or twenty-four-month period shall be as follows: The beginning date shall be the earliest violation's date of appearance before the council, and the ending date shall be the date of the new violation. In case of multiple new violations, the ending date to be used shall be the date of the violation last in time.

(5)  Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council regarding a death or great bodily harm in a licensed establishment that is related to a violation of the law or license conditions shall be counted as a second appearance, regardless of how much time has passed since the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed establishment. A third appearance for the same shall be counted as a third appearance regardless of how much time has passed since the first or second appearance.

(6)  For the purpose of a second, third...

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