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File #: Ord 11-92    Version: 1
Type: Ordinance Status: Passed
In control: City Council
Final action: 9/28/2011
Title: Amending Chapter 409.26 of the Saint Paul Legislative Code to simplify matrix penalties for repeat violations.
Sponsors: Kathy Lantry
Title
Amending Chapter 409.26 of the Saint Paul Legislative Code to simplify matrix penalties for repeat violations.


Body

THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:

Section 1

Section 409.26 of the Saint Paul Legislative Code is hereby amended to read as follows:

(a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate.

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(e) Computation of time.

(1) If a licensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above or section 409.26 the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. 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) If a licensee has appeared before the council on two (2) previous occasions for violations listed in paragraph (m) or section 409.26, and if said licensee again appears before the council for a violation listed in paragraph (m), and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, th...

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