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89-859 i . � � .. �.� . � . , : . . . � � � ; . WHITE - CITY CLERK � F�lNN - FINANCE • � CMNARV -DEPARTMENT (�ITy O -- NT PAiTL COI1f1C11 h BLUE -MAYOR , • Fll@ NO. � �� \ � .y� Q ; \�? O� � �/LCG �' ?Or in nce 0. t� . _ Presented By . rv1 � ' � , � Ref red To Committee: Date Out of Committee Date ,� \ At� ordinance o amend sections 31�1. �(5 and 31�. 6 of the Saint Paul Legis�,ative Cod oncerning license hearing, procedu e . THE COUNCIL OF THE CITY 0� SAI T PAUL DOES ORDAIN: �,Se t 'on 1 ` Section 31QJ.05 of the Sa�i t Paul Legislative Code is hereby amended to read as follows: \ � "Sec. 310. 0�5. Heari gl rocedures. (a) Adverse action; no `�ice and hearing requirements. In any case where t e��council may or intends to consider any adverse a ti n, including the revocation or suspension of a lic nse , the imposition of conditions upon a 1 cen e, or the denial of an application for t e grant issuance , renewal or transfer of a licens , the ap licant or licensee shall be given notice an n oppo tunity to be heard as provided herein. Th c uncil ma consider such adverse actions when recom e ded by t e inspector, by the director, by the dir c or of any xecutive department established pursuan o Chapter of the Charter , by the city attorney or on its own ini iative. COUNCIL MEMBERS Yeas Nays Requested by Department f: Dimond LOi� In Favor Goswitz Rettman �be1�� Against By Sonnen Wilson Adopted by Council: Date Form Appr ved by City Att ney 1 - Certified Passed by Council Secretary By � � By Approved by Mayor: Date Approved by Mayor for Submission to C uncil By BY � r -- . d . . . : . y . .. .:.� � -. �..�... _ . � W ITE - CITV tLERK � � � .. � .. �-� " ..:q . - ;,... . _�. _. �� '.-.. °� K � FINA�CE (}iTY O�' a AINT PAi�L Co�acil ` y- � �: C ARV -DEPARTMENT �'� �LS �L"� . 9LUE� -MAVOR . � � � . FI�C NO.' s � ,t � „r � �r i ance � �¢��e o. �� .. � ::. � " ... F w.,.. f r,. � :� , ;t � � ��,Y. Presented By � �-,,. r,�. ,x!' ., � _ ._. r� - t -: • RefeEred To Cbmmittee: Date '�-- Out of Committee By Date l�n ozd#nance to t��wnd �eetions 31Q.B5 ans! 31� i�6 a� tbe Ss3nt pa�l Geg i al at f��r C e oncar�i ng i ic�� Aaariag P=c�cet� r . ?�E C�tJ�1CiL �L� �'ItE CIT7 �F S� �'P P1lt3L D�?8� t3R�I�dZ ct on 1 Sectioc� 31�l.�5 of th� S� n Fr�nl Leqia��st3v+� �cde ia hereby i. �ee�l�ed to reae3 as fol2o�rss :° ; r •Sac. 338.��. Herar nq Ptocednraa. � t�) Adaer�e actioe n tice ae8 A�srinc� ree�uizs�e�t�. ,� In ang crose �►�er he coan�il �aY at ir�tencls ta t consider ang adrer ctfar�, inclnclfag tAe revocatioa ; or su�pensio� of a license, the f��►ositior� cf � cond i t f ons r��on iceca�e, or the daA i al c►� st� �;��ii��i�� for h grant� isana�ne�, ren��rai oz tt�n�fez of a 2fce� Lhe applicaot Qr Iicen�ae �rhall be given notice • d a� vppoYtnr�ity to De h�ard as � , : ptc>vi�ted her�#n. T e�ncil �a�► cansfctez s�ch acl�r�rt�+e - - actions �rhen recs .�r nde�d by the in�pector, Hp the , d ira�cto=, Dy the d 1 e tor o� anp eza�c�tf�re depart�e�nt. c:t�b2ishec� porsva t to Chapte� 9 af t�e EAart�r, by the c#ty attorneY o ita oMn initiative. ` . j . COUNCIL MEMBERS . � Y�S y� Requested by Department of: Dimond � �ng In Fav r cosw;tz Rettman B s�ne;be� �_ Agains Y soo�o _ w�u�oo Adopted by Council: Date ' � Form Approved by City Attorney Certified Passed by Council Secretary BY By � Approved by Mayor for Submission t�Council Approved by Mayor: Date � � By BY - �� . I . � �0 � a✓� . ;� (b) Notice. In eac s ch case where adverse action is or will be conisi e ed by the council , ��e eet�ae�� V` s��}} �� e � � the applicant or licensee shall have been notified in writing that adverse action may be taken against t e icense or application , and that he or she is entitle to a hearing before action is taken � the council The notice shall be served or mailed a reasonabl ime before the hearing date, and shall state the plac , date and time of the hearing. The notice shall s at the issues involved or grounds upon which the adv r e action may be sought or based. The council may r qu st that such written notice be prepared and serv r mailed by the inspector or by the city attorney. (c) Hear ing. Wher � e �a�e� �e� �1�� a��e�se Hea��a� _ _ �s �ased t�pex a �s e��e� e€ ��w aA� there is no dispute as to the ac s underlying the violationT or as to the facts esta li hing mitigating or aggravating circumstances, the he ring shall be held b� before the council!� . e�� ` ��e ��s��a��d �e �ea��e�se ,,� x�a��e�s� Otherwis he hearing shall be conducted before a hearing e a iner appointed by the council or retained by contr ct with the city for that purpose. The applicant or h licensee shall be provided an opportunity to pre en evidence and argument as well as meet adverse testi on or evidence by reasonable cross- examination and r b ttal evidence. The e��t��e s� hearing examiner a in its discretion permit other interested persons 'th opportunity to present testimony or evidence or oth rw se participate in such hearing . (c- 1) Procedure ; h ar ing exam iner . The hear ing examiner shall hea a 1 evidence as may be presented on behalf of the cit a d the applicant or licensee , and shall present to t e council written findings of fact and conclusions of 1 w together with a recomm endation for adverse action 2 � s/8 . . � . . . , ��3� � � � � -� .. The council shall co sider the evidence contained in the record, the he ri g examiner's recommended findings of fact and concl s ons, and shall not consider any factual testimon ot previously submitted to and considered by the e ring examiner. After receipt of the hearing exam n r's findinqs, conclusio� ns, and recomme� nd on, th ouncil a� a ga��e kee��xg shall provide the appli a t or licensee an opportunity to present oral or wr tt n arguments alleging error on the part of the exam i er in the appl ication of the law or interpretation of th facts , and to present �e��}�ea� argument related o the recommended adverse action. Upon conclusion o �t�e that hearing , and after considering the r c rd, the examiner's findings and recommendations to et er with such additional arguments ar�� es��x�e�� pre e ted at the hearing, the council shall determine w a , if any, adverse action shall be taken, which act o shall be by resolution. The council may accep , reject or modify the findings, conclusions and re ommendations of the hea ng examiner . e� ee�i�i# �� _ (c-2) Ex parte co ta ts. If a license m atter has been scheduled for an ad e se hearing, council members shall not discuss the li en e matter with each other or with any of the parties o interested persons involved in the matter unless u h discussion occurs on the ��4e recor�n:q? during t e �t�b��e hearings of the matter or t/�� during the council ' s inal deliberations of the matter . (d) Licensee or pp icant may be represented. The licensee or applic nt may represent himself or choose to be represented b nother . (e) Record; evide ce The est�� hearing examiner shall receive and e p a record of such proceedings , including testimon a d exhibits, and shall receive and give weight to evi e ce, including hearsay evidence, whose possesses prob tive value commonly accepted by 3 �slt� . • � . . � � �� _ � reasonable and prud nt persons in the conduct of their affairs. (f) Council action esolution to contain findings. Where the council t k s adverse action with respect to a license, license r applicant for a license , the resolution by which s ch action is taken shall contain its findings and etermination , including the imposition of con itions, if any. The council m� adopt all or part o the findings, conclus o s and recommendations of the hearing examiner , and incorporaterthe�s m in�its resolution taking the adverse action. � (g) Additional pro e ures where required. Where the provisions of an statute or ordinance require additional notice or hearing procedures , such provisions shall b omplied with and shall supersede inconsistent prov ' si ns of these chapters. This shall include, without 1 m ' tation by reason of this specific reference , Minne'so a Statutes , Chapter 364 , and Minnesota Statutes S ction 340A.415. (h) Discretion to e r notwithstanding withdrawal or surrender of appli a ion or license. The council may, at its discretion c nduct a hearing or direct that a hearing be held r g rding revocation or denial of a ic�ense- notwit�ista d ng that the applicant or licensee has attem pted or u ported to withdraw or surrender said license or pplication , if the attem pted withdrawal or sur en er took place after the applicant or licensee had b en notified of the hearing and potential adverse ac ion. ( i) Continuances. here a hearing for the purpose of considering revo ation or suspension of a license or other disciplinar tion involving a license has been scheduled before t e council , a continuation of the hearing may be g an ed � the council president or � the council at t e request of the licensee, license 4 1��/8 __ __ '. �� applicant , an intere ted person or an attorney _ representing the fore o ' ng, e�� g�e�}de� �e�e�� {�� F1�e�e �l�e �e t�i � �5 t��e a� �e�s� �va��=�et�� _ . . . {�4} �e��e g��e e ��e ��l�edt�� t�e��r �1��± ��es��ea� �� e ee�ae} � e� ��ie eet�t�e�� a� eea��t�e ��e �iea � � upon a showing of good cause by the party mak n the request . _ ��} w�ke�e ��e � � es� }s �a�e �ess �l�a� �we�� e�� 4} 1�9e�s � s�eT b�� eta �.k� �a� e€ �1�� I sel�eel��d ke�� gr �t�e eet��e�� a�� ee��e �ke _ _ �iea�4c�g t�ge� a s e �� e� �ee� eai�se �� e pa�� i �al��a� ��e �e�a s� _ _ _ I �3} Wi�e�e ��e �e� es� �s �xade ea �l�e �a� e�� ea��g �� s�� e�T �ke eet��e�� a� ��a�� e , ee��i��ee e� � e ee��s� ��ia� �� ga�� e�t#es��g �ke ee ��t��aee ga� �e �l�e �� e� _ _ . 5�� P�ct�� e � `-s ae�t�a� �es�� €e� �� eet�� _ �eg��e� a�d w�� e�ses �l�e a�gea�ed �e� ��e �iea��gT �� e e �t�t��ed �e��a�s {$��=��r ��eH�� s ��e � s�e�T�� Sec i n 2 Section 310.06 of the Sain aul Legislative Code is hereby amended to read as follows : "Sec. 31Q1.06. Revoca io ; suspension; adverse actions; imposition of conditi n . (a) Council may take a verse action. The council is authorized to take ad e se action as defined in section 310.01, above, agains ny license or permit, licensee or applicant for a li e se, as provided in and by these chapters. Such actio s shall be initiated and carried out in accordance it the procedures outlined in Section 31a. 015. 5 �� s/� � WHITE - CITY CLERK PINK - FINANCE GITY OF A NT PAUL Council � CANARV -DEPARTMENT �_�� BLUE - MAVOR File NO. 0 O/ K�Z nce Ordinance N0. �_ �' L� � ,. / Presented By '� Ref rred To Committee: Date Out of Committee By Date Sect on 3 This ordinance shall be in o e and take effect thirty (30) days following its passage, appr v 1 and publication. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �ng In Favor cosw;tz Rettman Scheibel A gai ns t BY Sonnen Wilson Form Appr ed by Cit ttorney Adopted by Council: Date ' Certified Passed by Council Secretary By � � �� By Approved by Mayor: Date Approved by Mayor for Submission to Council gy By 4 , n � . .r � V�� ./�i�'v�_ ' � ' Members: �"�--� ,�' r,j� Janice Rettman, chair ��,� -� -,� `: CiITY OF ►�A N ` 1�AUL gill Wilson iii, ,.'i ti;/ ' l��' _ � orFic� or TA� 2� covivciL Bob Long ��"�� Date: May 4, 19s9 RrCEfVED JANICE RETTMAN RECEfVED Councilperson. C o m m i tt e e o rt p MAY 111989 To: Saint Paul Cit Council ciT� ��R� MAY � "-1989 Y CiTY (.Ltti� �--- �,-�-�.� . � . From : Community and Huma S rvices Commi��e . Janice Rettman, Chair � �Y��r,� i � �J �` A meeting of ;the Community and Human Servi ce Committee wa� `� "�,��/(�ednesday, May 3, 1989. $�yf�eF� . 1. Approval of Minutes of April 19, 1989 Minutes approved on 3-0 vote. / J 2. Cit Council A enda 10/20/89, Item No 3 First Readin - 88-1674 - An ordinance amending Chapters 409 and 410 revisin a d u datin various rovisions of the Saint Paul Le islative code re ulatin t e sale of alchoholic bevera es and the conduct of licensed establishments. Re erred to Communit and Human Services Committee.) (Laid over from December' 14 1988.) (Laid over for four weeks or more, as determined b � Kiki Sonnen.) (L id over to A ril 5, 1989.) (Laid � over to Ma 3, 1989. Phil B rne wil de elo rotot es of matrix.) Recommended for approval of substitu o dinance or. a 4-0 vote. Phil Byrne will subrait ordinance to Chair. Fir t ading to be scheduled for May 11, 1989. 3. Cit Council A enda 10/27/89, Item N . First Readin - 88-1721 - An � ordinance amendin Section 409.36(b} of the Saint Le islative Code ertainin to resum tive enalties for license vi lations. (For referral to the Communit and Human Services Committ e. (Laid over from December 14, 1988.) (Laid over for four weeks or more, a d termined b Kiki Sonnen.) (Laid over . to Ma 3, 1989. Phil B rne will dev lo rotot es of matrix.) � Recommended that 88-1721 be withdra , n a 4-0 vote. 4. Presentation of ordinance addressin fo d ins ection crisis situations. Ordinance will be brought directly t t e City Clerk's Office for introduction. S. Presentation of rou h draft of new mb in ordinanc_e. "� The Committee recommended for approv 1, on 4-0 vote, to the City Council the attazhed ordinance. ThP first readi g hould be scheduled for May 11, 1989. CITY HALL ROOM NO. 704 SA T AUI., MINNFSOTA 55102 612/298-5289 S 46 Community and Human Services Committee � COMMITTEE REPORT , May 3, 1989 Page Two 6. City Council Agenda 4/6/89, Item No 22: Resolution - 89-604 - Approving the appoinrment by the Mayor of KatP Seng to serve as a member of the Saint Paul Overnight Shelter Board. (For referral to the Community and Human Services Committee.) Recommended for approval an 3-0 vote. 7. City Council Agenda 3/23/89, Item No 27: Resolution - 89-50I - Requesting � the Mayor to direct a 30-day moratorium. commencing April 24, 1989 on the sale, transfer, requ�s�tion, or gift of any animal under the City's possession or control to any medical and/or product-testing laboratory or their agents or representatives and requesting the Mayor to direct animal pound officers and cable TV officers to implement and broadcast a weekly TV program showing all lost and abandoned animals currently at the pound with instructions on how to reclaim pets and for people interested in adopting an animal (For referral to the Community and Human Services Committee.) (Laid over to May 3, T989 City Attorney's Office to draft amendments.) Recommended for approval, as amended, on 3-1 vote. 8. City Council Agenda 3/23/89, Item No 30: Resolution - 89-504 - Authorizing J Division of Parks and Recreation to undertake a Pest Control Program on City park properties and post notification of same. (For referral to the Community and xuman Services Committee.) Recommended for approval c�n 3-0 vote. cc: A1 Olson Ed Starr