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88-1071 PIiNKE' �- �NA C EK ' • I ppp ��fff CANARY -DEPARTMENT GI'TY OF SAINT PAiTL COLLIIC11 {`�'Y,/�IJI"/� BiUE -t+F'AVOR File NO. V a `(J � � Ordindnce Ordinance NO. �a�,o Presented By i Referred To � Committee: Date Out of Committee By Date i Section 2 This ordinance s �hall take effect and be in force thirty days, from an�� a('t� ; E ; �� assage� approval and publication. i i � �'.� �-��:: r� �.,,.. � l/- � .�°! :�.� �; �� l� / �_� � ✓� '�� `�� ! �`�d� �/`1 f�``� COUNCIL M$MBERS Yeas Nays I Requested by Department of: '�Bimond �� In Favor coswitz�' �� --7 Against BY �Sonnen � ��4— RQ�� r � �� Form Appro e by City Att ey Adopted by Council: Date 3 Cextified Pas e ncil Se t I BY By Approved by Mayor: Date Approve by ayor for Submission to Council By BY i l'O-lB-k$ . �� , . � �" C�ITY OF SAINT PAUL ��tT• �. �� ; i o M OFFICE OF 'CHE MAYOR ,�� , uni�um / 1 + nn �un o �� • � . 347 CITY HALL � .: -- - �"� i SA[NT PAUL, MINNESOTA SS102 ` GEORGE LATIMER (612) 29R-4323 RECEIVED MAYOR i NOV 0 8 1988 ' CITY CLERK November 8, 1988 � Council President IJames Scheibel and Honorable embers of the City Council � Seventh Floor �ity�Hall Saint Paul, Minnesjota 55102 Dear President Sch�eibel and Members of the City Council: l�fter careful -con ideration and extensive discussion with the City Attorney's O�fice art,d the Finance and Management Services Department, I hav decided to veto Council File 88-1071 pertaining to the�investigation and review of new applications for Class III lic�nses. t find the langua e of this ordinance amendment to be vague and overly broad. It�grants overly broad discretion to the Police Department, Licen e Division and City Attorney's office over certain license m�tters. It raises the possibility of � unwarranted interference with individual rights as well as unwarranted invas�.ons of personal privacy. I am also concern�d that this ordinance reflects a growing trend of the City Council toward overregulation of legitimate behavior and extensive int�usions into the personal lives of private citizens. We should not deal with the issue of civil liberties in an incrementallfashion. If the Council is inclined to consider these matters it must do so with a conscious knowledge and understandinglof the reguirements of our Constitutional form of government. �he proposed ordilance amendment introduces an increase of criminal investig�tive power in an area of civil law. Although in some instances this may be necessary, I believe that we should cross that'' boundary only upon a showing of clear evidence that there is a w�ong to be righted or an evil to be ended. I see no evidence i this case establishing a correlation between this ordinance am�ndment and any actual problems we have encountered with �License holders in our City. , s�46 I - ' • • � Council President �Tames Scheibel ' Nbvember 8, 1988 Page 2 - - __: : _ W� have a serious �esponsibility to effectively enforce the laws pertaining to lice�hsing within the City and, in so doing, we have an obligationito rigorously protect the welfare and safety of City residents, ibut we have an equally serious responsibility to protect the rigY�ts of citizens seeking to do legitimate business within th� City. Very truly yours, i i . - . or atimer Mayo � . ,, I � NOVEMBER� 1988 � Nays Yeas . _�I �ONNEN �/Q�� I WILSOI�� z� �7 �d� iGOSWIT� • �I,ONG �TTMAN i N1R. pRESIDENT� SCHEIBEL � I ;��,�,,, �.... . . ! � �� J . � � �� t . �/ 1 '• , ��^1�� ..' ,' . r, • : ,ltili � . . ' C� � ��`1'�' �' ist : � 'a,�..�y. � .�.,. . � . �a �4y� 'l�• :�� /o -i/ - � � � � � Aaoptecl �o _ �c- es �r�y <5��, f.* ••4, .. .. . ` O �� s I V V :�:� Yeas NdYB OIt�ONp � �/D 7/ C�06WITZ I �� 06W L� . RETTMAN SO[JNEN WILSON MR. PRESIDFaNT� SCHEIBEL �. . ; _ � WNITE -�CITV CLERKI�' , ,� , �" �� k COII[IC1I ' PIAK _ F�►+•N�E i� • •GI`T�� OF' SAINT PAUL `;r'�— �'j "�T f CANARY4-OEPARTME T � � ' bLUE -MAYOR �'� �� - � , F�lIC NO. --" � � � � � � . . � �0rdi�c�nce � �inance NO. � � . . Presented By �� '; ; � Referred �'o Committee: Date I Out of Cc�mmittee By Date i� An ordin�rr�ee ng �ctia� 310.A3 of tt� Saiat Pa+�l =slati�ne► Code p�er�ainitr�q to vnifarv Li Froaadures. I "!'f�S �2I. �' f� GI t�' SAI�1T PAUL DOES (�AII�: h � , , Section l. ia ati�r Cc�r 'i"hat Seati+c� 3 �.G3 of t�e 3ain� Fau2 LeQi 1 fs h�by a�d to ad as foll�s: I ! Se�c. 31t�.+D3. ti�s�i� aod r+evie�r of r�t licsttac�s, eCa. � t�s� � t� �►� s�►�i �� ,. �rr��fe� a�i are�racyr vf ea� m�r appiicatian ar�d obt�r� �v�eh f � criwinsi I�ia intormation as �aq t� us�d �ec :�� ; itir�o�a Sta� �as, Ck�tder 36ri i s�nd is atherrise � at�ailab2a by I . The i�sspector shall ma�ke r�a:o�b2� �nd s�►prc�pria 3a�rersttQatia� of #.� prdiaas or f' P�� P� . �h#cias or facilities. a� may i b� inve�2v�d in or rel��ed to th� Iie�i a�cti�rity. ! a�d st�al2 t, �tre appr�o�riate, t�s as�is�r ; ot` ot.?�rr city divisi�ns ar d�ar�tarenta in arslcing i ad�itiae:al 1 tigatie�s for �hu prurlpose of df�ear�aining i �aethwer ths 3 icaat is or_. �r31 Y be ir� cc�■p2 is�cs i Mith �1Z �ti cable ordir�c�s and sta�tutes. 3!k � apprv�l of at�er divfs�azs Qc departs�snts is ;� �o►t rec�rfre�! f isa�aa�nc� of a li�ears�e c�les� oLhse�ris� . req�ired by ific �c�ioanar ir� these ch�aptea�s. ; AlI ne�► appli tians sAa21 i�e r�evfe�d b�r tha �anfe� adainistraetor r hia dasiy� far ca�rlisrrc�e +�rit� � ail �sq�irea�n af tt�e �aint Fawi �oning t�ad�, � � �o � Ii� �a12 be gr�tad wit�t �n�l t�lia� ' COUNCIL'M BERS ' ' Yeas Nays Requested by Department of: Dimond', �ns I'' In Favor Gosw;tz Re �he�n� Against BY Sonnen'� Wilson ' I Form Approved by City Attorney Adopted by Cou'cil: Date Certified Passe by Council Secretary BY � By Approved by Ma I or: Dafe Approved by Mayor for Submission to Council gy By i ��'�"�°�'�' , �� 6 with said requirements . All new applications involving a premises, location, building or st ucture shall be referred to the director of the department of fire and safety services and to the building official for investigation and recommendation. �b� Class III Licenses . � For all ori inal and renewal a lications for Class III licenses the ' ns ector ma obtain from the Police De artment the criminal histor for all individuals who own the licensed business. Applicants may� be reques�ted b.y the division to provide the name� birth date, address , fingerprints and written consent for the release of their criminal history from all persons who own the business and on such forms as ma be re uired b t e ins ector the F.B. I . and the B.C.A. The Police De artment shal rovide the criminal histor information obtained from its own re ords and to the extent ermitted b state or federal law from the records of the Federal Bureau of Investi ation and the .State Bureau of Cri inal Apprehension. For the purpose of this section "criminal history" shall mean records of convictions for felony, gross misdemeanor and misdemeanor offenses for which a ,iail sentence can be im osed durin the five ear eriod recedin the date of a lication' rovided however that "criminal histor " shall not include convictions whi h have been ursuant to law annulled or ex un ed. Criminal histories mav be considered b the Cit Council onl to the extent permitted by Minnesota Statutes , Chapter 364 . The inspector, with the advice of the city attorne,y, shall prepare administrative guidelines to follow in determining under what circumstances a F.B. I . c iminal histor re ort will be obtained which uidelines ma a 1 to licants who 1 have not resided in the state of Minnesota durin the ast five ears • 2 have state of Minnesota convictions and or arres s durin the revious five ears ' 3 based on information obtained from warrant searches give indications of having been involved in criminal activity from out-of-state jurisdictions ; or ( 4 ) in those situations where such a criminal history report is deemed necessar based on other ° nformation develo ed b the Police De artment License Division or Cit Attorne ' s office. An FBI criminal histor re ort shall not be re red for an license a licant under rovision (b) ( 4) above without th� advice and consent of the city attorney. 2 C .- =�- ,, ; WHITE�.- - CITV CLERK . .� r ' - . � , . � � .. � . . .. � � -. .� � PINR . � FINAN E � � .'�� ... � . .-i ' � . CANAfRY.+DEPAR��MENT C011[ICIl � f�� . e�ue -MwroR; CITY OF' SAINT PAL�L File NO. r � �.w�►` • , p�- Ordindnce ��nan�e N o. ��r ,,; �' � � � � �� Presedted By.�, � � � � Refer�,ed To Committee: Date I x Out of Committee By Date I � ��,_ «_ ��t� �. �t��:� a1'�_�i^ it,��:��aF �Y,,��fi��►tt ��J• �>�`f`�-_.�k_ ��yt.l. t� i_3� €�c+:�� i.a°�s� cir��'� f�`x•a� `�'t�i._ �. II . �, � , � ;y.��>��<,ti .� ! ��x�:# �:»�t.� .�.��.�tit.��. I 'I, I • « , _ _ � � � , — III . � • . _ ,.:' .d , II�� . . .. ' __� � � �: I �". I . .. .. . -- . .. .:.,r. .. COUNCIL ME ERS Y� N� Requested by Department of: -Dimond � -�� `'� In Favor cosv►�1 itettman� scne;bei,,,..�: Against BY _ sonnen Wilson Adopted by Counci • Date ��r s ` '�'' Form Approved by City Attomey Certified Passed I •Council Secretary `' BY ' BY .:� '` �'' �` - Approved by Mayor�' Date Approved by Mayor for Submission to Council By BY � I _ _ —-. , � ^ � � . . - . . ��...�� . . . . . � . � � 7�0�' � � , with said requirementsl Al1 new applications involving a premises, location, building or st!ructure shall be referred to the director of the depart�ent of fire and �afety services and to the building official for invest�gation and recom�nendation. � Class III Licenses.� For all original and renewal applications for Class �II licenses, the inapector may obtain from the Police Department the cr'minal histor fo all individuals who own the licensed business. A lic nts ma be re ue ted b the division to rovide the name birth date ddress fin er ri ta and written consent for the release of their criminal histor from al ersons who own the business and on such forms as ma be re uired b he ins ector the F.B. I . and the B.C.A. The Police Department shal,l provide the criminal historv information obtained from its own re ords and to the extent ermitted b state or federal: law, from the re ords of the Federal Bureau of Investi�ation and the State Bureau of Criminal Apprehension. For the purpose of this section "criminal historv" ahall mean records of convictions for felony. gross misdemeanor and m�.sdemeanor offenses for which a iail sentence can be imposed, during , the five year period preceding the date of application; provided, +however, that "criminal history" shall not include convictions whi�Ch have been, pursuant to law, annulled or expunge'd. Criminal histo�ries mav be considered bv the Citv Council onl to the ' extent permitteqi by Minnesota Statutes. Chapter 364. The inspector, with the ac�vice of the cit attorney, shall prepare administrative �uidelin�es to follow in determining under what circums'tances a F.B. I . c�iminal history report will be obtained. which guidelines map 861�p1y to alpplicants who ( 1 ) have not resided in the state of Minnesota during thelpast five vears; ( 21 have state of Minnesota convictions and/or arrest}s during the previous five �ears; ( 3) based on information obtained fro�n warrant searches give indications of having been involved in crimina activit from out-of-state 'urisdictions• or �4) in hose situations �rhere such a criminal histor report is deemed necessa�y based on other �nformation developed by the Police Depart�ent. License Division or Citv IAttorne�'s office An F.B.I criminal histo re rt shall no be re red for an Ilicense a licant under rovision b 4 of this section without the advice and consen of the Cit Attorne 's Office. � i 2 � �,. � f�_8"�f ' i • I� ; —�0 Z� �.,,►,� . . . . � . o��,,,,� �� C�E�� SI�ELT Ho: 0�7 4 4 Kiki Sonn n " - .. !.' . 6/20/88 6/22/88 , � coNrACT PE�ON � oev�rrt o�cwn wvan tp��!3.: Mo lly U�R ui'� 'i ° I45sKaN '— rw�a eMiw�ae�rt sennt�s an�ctoR «rr l� K J��1'"� � NWYIBER FOR — _ �� ROUTIW(i euooEr anEC'ron City Co il ' , 298-5378 ! �� — crn�rrow+EV _ — . Ordinance ending Legis ative e 310.03 o provide for BCA �nd FBI checka of Clasa III license app ications and renewa . e St. Paul Police �eparLment, Licease Divfsion, or City Attorney's ffice may xequest a �jearch based on the folloWiag: an address outside of MianesoEa during the ast �ive years, Sta convictions/arrests during the past five yeare, informatio�t from r�arran searches that woul ndicate criminal activit fro� out-of-state �urisdictians, er fo tion develo ed b Police De t. Liee se D�vision Cit Attorne �►TaNS: ln)or�ca�) cou�+ctt.nes�ncti nevoirr : v��rx� cm�semnce cou�ssior+ " o��x� o��our �rsT owone no. �- mr«r�c oo�as iso ez�scrao�eou�o . f srn� cwwreA can�ese� i c�w�ns is aoot wFO.�oo�* nero m aoKr�r _ _�uo�x�o. —r��oom* ororn�.�oa�cx. A City Couilci m ��,,. . surronrewrMa+oou+ck 'r A Inter Depar n 1 : _ Licenae C t , None. � . - i � . : Mnv►frw Mo�er. c�roirtt�nr�n,o.wner.Nn�,. +nm�r): Administrat on's License Committ e found that police backgrQUnd checks of Class III licenses could_nat .e tend beyond Ramsey 'i�nty because the Ctty did not have code provisions for BCA and .FBI che ks. _ . _. � . � ��ra+ �,�at: � New emghasi on thorough iicensel �nvestigation indicatea n�ed to go heyand Ramsey County for background hecks. i .. �. Attached is a License and Permit �onsent Form and Procedures for Bacl�gro�nd Ghecks on:Claas III License Applicants. , � oot�pinw.. �na�wr�om>: _ . -. , , More thorou checks result in h �her fees for licenses, more coordination work for staff, more info tion in making licen e decisions . I� ; xtenturnres: �os c�s I � � Statue q o Less ,�or.k, less fees Not thoraugh eaough � �ranrnn�rrs: ; City lic se eodes � _ � «rew�s: ', � Unknown. . ' ; : � � I � ��..a-a�,.� . . • , - _ .� ' .� Members: . '� -k' • 7� SAINT PAUL Janice Rettman, chair ��.;,��,� CI Y OF Bill Wilson 't��{'E �� : _I ��/4 71 .. OFFICT�. OF TFIE CiTY COIINCIL Bob Long � �o� Date: Sept�ember 22, 1988 � JANICE RETTMAN ��n�,�e�son , Committee Report To: 'Saint Paul City �Council From : Community �nd Human Services Committee . Janice Rettr�nan, Chair A meeting af the Community and �iuman Services Committee was held on Wednesday, September 21, 1988, at 1:00 p.m� 1. City Council Agenda 8/23/88� Item No. 13: Resolution - 88-1385 - Approving the appointment by the Mayor of'Arlend Wilson to serve as a member of the Mayor's Ad Hoc Traffic Safety Commi�tee, term to expire March 31, 1989. (FOR REFERRAL TO THE COMMUNITY AND HUMAN $ERVICES COMMITTEE.) Recommended for approval onl3-0 vote. 2. City Co�uncil Agenda 9/6/88, Item No. 11: Resolution - 88-1452 - Establishing the Food and Nutrition Commissi�n as an ongoing commission and appointing members to the Commission as designate by the Director of Community Services. (FOR REFERRAL TO THE COMMUNITY AI�TD HUMAN SERVICES COMMITTEE.) Recommended for approval on 4-0 vote. 3. Request from Joy Donovan, a Ilobbyist for animal rights, to make presentation to the City Council regarding Pound adoption policies. Laid over to October 5, 198� at Joy Donovan's request. 4. City Council Agenda 7/28/88,I Item No. 56: Resolution - 88-1253 - Suspending On Sale Intoxicating Liquor,l Sunday On Sale and other licenses held by Arnold Rampa, dba Patrick's Lounge, located at 1318 West Larpenteur Avenue. (Not contested.) (At the r�jquest of the attorney representing Patrick's Lounge, the item was laid over to Se'ptember 21, 1988 so that we may have all alleged violations heard at the same, time.) No resolution has been draftled. Resolution to be drafted and signed by Committee Chair: License su�spension for eleven (11) days. This action recommended on 4-0 vote. . City Co�kncil Agenda 6/30/88,' 2tem No. 5: First Reading - �8-1071 - An ordit�ce amendi Sect�.an 310.03 of e Legislative Code pertaining to Uniform License Procedu�es for investigatio and review of .new applications for BCA and FBI checks qf Class III licenses. (Laid over to August 17, 1988 so that Jerry Segal may rev�.ew author's potentiail amendments.) (Laid over from August 17, 1988 so that Ms, Sonnen may address ��e issue.) (Laid over to September 21, 1988 so that Ms. Son�en may be present at he Committee meeting.) CITY HALL ROOM NO. 71�8 SA1NT PAUG MINNESOTA 55102 612/298-5289 s.�4s I COMMITTEE REPORT � Community and Human Services Committee September 22, 1988 Page �bst�:te�te� �espl,ution submitted. Recommerided -��b�°�ap�t�0�'�1 an 4-A �3t�rt,s•�- 6. City Council Agenda 5/24/88, Item No. 2: First Reading - 88-794 - An ordinance amending Chapter 33.02 of the Legislative Code and providing an increase in the Certificate of Occupancy fees and to reflect the administrative merger of the Certificate of Occupancy inspections program from the Department of Community Services-Building to the Department of Fire and Safety Services-Fire Marshall. (For Steve Zaccard's report.) (Laid over until August 3, 1988 for Gene Schiller to review with Steve Zaccard.) (New information has been received. Laid over to August 17, 1988 to review information.) (Laid over to August 31, 1988 for Steve Zaccard to procure comparative d�.ta.) (Laid over to September 21, 1988 at Bob Long's request.) Substitute resolution submitted. Page 5, No. 5, deleted. Paul McCloskey and Steve Zaccard will submit to the City Clerk and the Chair language stating two- year cycle of inspection. Recommended for approval, as amended, on 4-0 vote. 7. City Council Agenda 8/23/88, Item No. 6: First Reading - 88-1384 - An ordinance repealing Chapter 58 of the Legislative Code in its entirety and reenacting a new Chapter 58 which provides for the establishment of a program dealing with the installation and monitoring of hard wired smoke detectors in single family dwellings. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.) Recommended for approval on 4-0 vote. 8. City Council Agenda 8/16/88, Item No. 23: Resolution - 88-1343 - Affirming the City Council's intent to conduct a Community Standards Survey and directing the Mayor to execute the appropriate fund transfer. � (Laid over to September 21, 1988 at Bob Long's request.) Recommended for approval on 3-1 vote. 9. City Council Agenda 8/16/88, Item No. 27: Resolution - 88-1347 - Adopting the Child Care Policy for the City of Saint Paul. (Continued discussion on September 21, 1988.) Laid over to October 5, 1988 for Jerry Segal to work with Committee staff. cc: Ed Starr A1 Olson � . . ��i/o77`,,� 4 • y°�T1':�, � , . CITY OF SATI�1� UL .��0` ;�?� . . . �o ��, � � OFFICE OF 7HE CITY ATTORNEY '�� iiilji ii�ii +':' ' <;m �<- EDWARD P. STARR, CITY ATTORNEY '�°'�r�,��•�• 647 City Hall, Saint Paul, Minnesota 55102 ,m��' ' ^� 612-298-5121 GEORGE LATIMER MAYOR �} � ` October 5 , 1988 +`��"�'� . �- , ;,� � x :',�;'�v �,�r� C'�i, � '��' _ '.z;'�� ,;tiv , `', ��;. Council President James Scheibel ��:F�� 716 City Hall �`�. Saint Paul , MN 55102 Dear President Scheii�el : The City Council at its meeting on Tuesday, October 4, 1988 , considered Ordinance No. C.F. 88-1071 which amends Section 310.03 of the Code adding a provision pertaining to obtaining criminal histories of applicants for Class III licenses. The City Council indicated that it d�sired the City Attorney draft an alternative provision adding to �the amendment a proviso requiring the license division to prepar� administrative guidelines to be used in administering this ordinance. I have prepared the amending language for your consideration. The amendment is found in the last sentence in clause (b) found on Page 2 which is �enclosed. I am sending a copy of the draft to all members of the Council so they will have an opportunity to review it prior to the next Council hearing on October 11 . If you have any questions or desire any further changes to the draft, please notif� me. You s very truly, JE E J�. L A� i tant ' ty Attor�ey ! � J : jr i Enc. , . ' . ' , • .' ; � � , . `► , ' �jc�/07/ � ..� � ti • � ., . , :e�'��T•'p.e I ' � � ' CITY OF SAINT`P7� �` �� ' � OFFICE OF THE CITY ATTORNEY �; �� ' ';`� ��i1i i1{� ,� '� EDWARD P. STARR, CITY ATTORNEY , m ;" "«,��'°`fi��'�� ' 647 City Nall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR � fp � �,��,;� � June 14, 1988 �; � Y� ��:' � �� . � �.� a � JUN 171988� Z; COtiNC11MEMBER 9 Council Member Kiki 5onnen '�K�K� S�NNEfV "� Seventh Floor � ,�;�� City Hall ��7-,T��:�� Dear Council Member Sdnnen: This is in response to your request that the City Attorney draft an ordinance requiring a criminal history check through the B.C .A. and the F.B. I . for all Class III license applications and renewals . I have prepared a draft ordinance which would amend section 310. 03 �y adding a new subsection. Enclosed is a copy of a letter which I received from Sgt. Joseph Corcoran which points out the additional costs to the City for each criminal history search. You may wish to consider the factors involved in this additional cost, as well as dis- cussing with the Police Department�-- whet�er they would experience �ny"�"d:i � bt'ainin this information in a timely manner. The License Division should be consulted or advice wfie�F`ier the license fees �or�lass III licenses would have to be increased so as to provide the required funds for these criminal history searches . I believe the Administration is presently examining licensing procedures , and you may wish to refer this ordinance draft for comments . ' The draft ordinance would require that all owners and managers of Class III licensed businesses provide fingerprints as well as a written consent for the release of the criminal history information. Finger�rints are required for the F.B. I . exami- nations , and the writt n consent is a B.C .R. requirement. State Law (M. S . § 364. ) restricts the use of criminal records for City licensing purposes to convictions only, and not arrests which do not lead to a conviction. Chapter 364 further restricts the use of convictions for licensing purposes to crimes which directly relate to the, proposed licensed business . �.: � � � I � � � ��/a?� • =.�"'°-.. '� � CITY OF SAI NT PAUL = 'w � � � � DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES � „ ' �� e � �7�jD � DIVISION OF LICENSE AND PERMIT ADMINISTR�lYlO � �� I Room 203, City Hall I Saint Paul,Minnesota 55102 Geo�ge Latimer i Mayor LICENSE AND PERMIT CONSENT FORM Section 310.03, part b I of the Saint Paul Leqislative Code states that a criminal background che�Ck is required for all new and renewal applicants for Class III licenses. l If the application is for a class III liquor or gambling license, thi� background check will also include a state criminal history check through the Bureau of Criminal Apprehension, and if necessary, a fede�al check conducted by the Federal Bureau of Investigation. (This m�y also apply to other class III applicants. ) The Minnesota Data Priv�cy Law requires a signed statement acknowledging the informed consent qf any person for the release of private data related to criminal coi�victions. Only information pertaining to the license application wiill be disclosed, and at no time will this information be made publlic without further consent. I ------------------------------------------------- The following named indlividual has made an application for a class III license with the Cityjof Saint Paul License Division. A criminal history record check is �requested under Section 310.03 of the Saint Paul Legislative Code. This form is to serve as an acknowiedgment of the signer's informed consen� to such checks. . FULL NAME OF APPLICANT (Printed) I T FIRST MIDDLE DATE OF BIRTH � I authvrize the Minnesota Bureau of Criminal Apprehension, and if necessary, the Federal Bureau of Investigation to disclose criminal history record informat�ion to the Saint Paul Police Department, City Attorney's Office, and jLicense Division for the purpose of substan- tiating my competancy, c aracter, and fitness for such a license. This also au�horizes the Sai t Paul Police Department to disclose criminal history to the License Di ision and City Attorney�s office. SIGNATURE OF APPLICANT DATE � OFFICE USE ONLY Notary Public Count F�� # Y ; St�te Date Commission Expires 1 i NOTARY S�EAL ' i Ii - I . , , . �G �/Q / � , . lA � - ' �_ • . .. � . .. �� PROCEDURES FOR BA�CKGROUND CHECKS ON CLASS III LICENSE APPLICANTS I l. Class III License applicants will complete forms and return them in person to the License Division. 2. Applicant's full name (last, first, middle) and date of birth will be forwarded by the License Division to the St. Paul Police Department Vice �Tnit for local criminal history and warrant searches. I 3 . Local record searches will consist of arrest and conviction information from l�amsey County. 4 . A warrantl search will consist of a National Crime Tnformation Center (NCIC) computer check. All warrants must be cleared prior to ontinuing in the application process. o � au Police De artment Vice 5. Inf rmation btained by the St. P 1 p i#nit will be completed within 3 to 5 days and returned by courier to the License Di ' ision. � A 'cants �see 'n ew o enewal class III li uor or 6. ppli ki g n r r q gambling licenses; or other licenses as determined by the License Inspector will be'Idirected by the License Division to the Bureau of Criminal Appre2�ension (BCA) to complete a BCA records search. 7. The applicant will complete form and report to the Records Section, ureau of Criminal Apprehension, 1246 University Avenue, between 8�00 AM and 4:00 PM, Monday through Friday. $. Bureau of Criminal Apprehension employees will complete the State criminal h'story records search for a fee of $5. 00 (cash, money order or bu iness check - no personal checks) in about 5 to 10 minutes. 9. The applica t will return the BCA records search to the License Division 'n a timely manner. 10. THE LICENSE 'DIVISION WILL NOT PROCESS THE APPLICATION UNTIL THE BCA RECORDS S�ARCH IS RETURNED! 11. The St. Pa 1 Police Department, License Division, or the City Attorney's ffice may request FBI record searches on class III license appli ants based on the following: , - An address utside of Minnesota during the past five years. - State convictions/arrests during the past five years. - Information from warrant searches that would indicate . criminal activity from out-of-state jurisdictions. � . . � �'��. � CF�iD�� . .; . �/ . . , . . . . � �z�� . � - Other info�mation developed by the St Paul Police Department� License Division, or City Attorney's Office. 12 . Applicantsi required to complete an FBI national record search must repo�t to the St. Paul Police Department, Information , Management Servic�es, 100 E. llth Street, between 8:00 AM and 9:00 PM, Monday throu�h Friday (other hours by appointment) . 13 . The applicaint will submit fingerprints and a $12. 00 check to the FBI. The i fingerprint cards will be forwarded to the FBI through the BCA. , The fingerprint cards will then be forwarded by the FBI to the St. Paul Police Department in approximately six weeks. The info�-mation from the fingerprint cards will then be fowarded by theiSt. Paul Police Department Vice Unit to the License Division. ' 14. The St Paiul Police Department Vice Unit will "stamp" . application formsiwith any of the following: 1}TO ARREST RECORD MO ACTIVE WARRANTS. $EE ATTACHMENT (will have local record attached) � �OSSIBLE WARRANTS DSW/JFC/jr � . � ' � . II . . , I� � , . - . , . ' • � . .. . . . .' ,, , • . , ; ' , , " • ' ' . I � ' ' ' I ' \ . . _.- - - __ --- ------- _ _ . _ j_ . _ _ _ _- - - - - - _ _ WHITE - CITY CLERK . COl1I1C11 PINK - FINAN�E CIITY OF SAINT PAUL �-l07I CANARY -OEPARTMENT BLUE -MAVORI File NO. I • ' O/ dZ/L�/`Ce Ordinance M�. _ Present � �D�l�� Q i � I y c�NS R en+ed To�'''''""'� • '�' [�u rn H- f� S L's °' Committee: Date � " 3 J^ �� Out o I Committee By Date � An ordinance !amending Section 310.03 of the � aint Paul L gislative Code pertaining to U ' form Lice se Procedures. THEIiCOUNCIL THE C�TY OF SAINT PAUL DOES ORDAIN: ' Section 1 . � ! That Section 3II10.03 of the Saint Paul Legislative Code is hlereby amended t Iread as follows : ' Sec. 310.03. In stigation and review of new I appl cations, etc. ' (a) The inspecltor hall determine the sufficiency � and accuracy ofl each ew application and obtain such � criminal histor� info ation as may be used under � Minnesota Statu�tes , Ch ter 364, and is otherwise � available by lav�. The i pector shall make reasonable � and appropriatel investig tion of the premises or �� personal property, vehicle or facilities , as may � be involved in lor related o the licensed activity, and shall reque�t, where app opriate , the assistance �iof other city Idivisions or departments in making � additional investigations for the purpose of determining �whether the ap�licant is or w 11 be in compliance �with all applic�able ordinances nd statutes . The ,approval of suclh other divisions or departments is ;not required for issuance of a licen e unless otherwise ;required by sp�cific sections in these chapters . iAll new applications shall be review d by the zoning iadministrator or� his designee for ompliance with iall requirements of the Saint Paul Z�ning Code, and ino new license sY�all be granted without �ull compliance COUNCIL MEM$ERS Yeas Nays Requested by Department of: Dimond I �� In Favor coswitz I Rettman Scheibel I II Against BY Sonnen Wilson I Form Approve by City Attorney Adopted by Councili: Date � Certified Passed byl Council Secretary BY By IF , Approved by Mayor:�I Date li Approve b Mayor for Submission to Council , By BY i � � �- :,,r.- ,.-:. <E _ Y-: _ :-.,�. ,. ,..�.0 ..� . _ . : . ..:_ .,._. i -. WHITE — CIT76c C ERK ! . . . . �. � COUl1C11 `:�.. ..:� .. ' " PINIQ� — FIN�ti E �,. ' �� ..._�� CANARY—DEPAR MENT - G TY, O� SAI�1V`"� PAITL BWE —MAYORi . . �y � . Ti'llg N�. � • � Ordinance �inance N O. � A�� --,�J Presented : ' a-'�,.c >� ,� ; .. Refer d To` -'"r 'f" "� �-� � �'� � � ' '� Committee: Date � �`� � `� Out of ommittee By Date � �i J1� ordin�a�e tnq 8�tte�► 3��.fl3 of the � siai� P�i siati�r+t Cvd� p�Lai�i�q to . ��, tJnit�r■t Li � Proa�tKS. � 1'i� �IL � '!�!� Ci E� 3J12NT PAUL �ES t�M: �i� 3�ti� 1. , ,. �!l�et l9�etic�� 3 tl.a3 esf tt� 3ain� P�wil L�gislatiw� t�o�ie is �d�d taor is foll�e,s: . -� . I, , 31l�.03. +�pt�ivw a� rMr�Nt ot n�r ' ap� , t"l+ens. �rt+a. a) �we i�sp�a `�s�a1l. d+�t�in�e the svrtlici�e� �ura� o! �� licativn and obtaia s�lt bisbory ii� '� ivn a�s �a�t b� tts�d �r ta st.�►�t s i��ip+er 3d�i. a��d is estbt�tia�t la�2e b'r 1�. � i�ip�ctar si�11 �ai�+n r�ronabif +�PP�satf 3rrrestf�,tiaA ert tAe �r�is�s or rst�l prmp� � �ic2iins or fac�iliti�, ata w� ' . i�walwd in relatae� ,'� � ite�ws�d aati�tY, sAall c�q�rss ',, � a�pragr�ia�ts, tt�s �3.stae�ee. " h,: '!�?�' 1' =31� Y1�'Y�1� 4P �i.,�il�'riM�'� `� lA ��!!� � �;,;.� tioe�al i�atf ti�o�s ts�r tlai�;� e�t d�rCet�tni:� t.� �►2 ca�t #• or �tiil b� to e�ii�oe tb aIl �pli le ord#�c�a �`aMwd stat�t�a. Tt� a! � otbRr dirisi�as�` ar d�pre�C�ts is t rw�iead tor i of a lie�er eetl� a�srrias rad b�► � #ic ssati.oa� ia° �t c�pt��"�s, , 1 � a�litxsti aRbali be r�eri�tad bp #.�e �i� < nisttr�aLe�r Qr h1s �si� for e�pli�ee �tltts � 1 rp�tit'+e■N�ti t t�s Sa�i�t l�a�ul Zv�i� t'.od�, and r�r lia� 1 t�s qraat�d �ritl�t lntl c�pli� � _ COUNCIL MEMBE Requested by Department of: . ' Yeas sys Dimond �ng �� In Favor Goswitz , � � Rettman � . s��in� !, Ag inst BY , soneen . Wilson , Form Approved by City Attorney Adopted by Council: �� Date Certified Passed by Cou� cil Secretary BY By _ Approved by Mayor: D e Approved by Mayor for Submission to Council a By BY i i i i il il . . . . . . . ' WHITE - CITV CI.ERK , PINK - FINANCE GITY OF SAINT PAUL Council //�� CANARY - DEPAR�MENT � FIIC NO.�' O / BLUE -MAVOR � ' 07 dZn�nC`, Ordinance N 0. � Presented By � Referr d��'o Committee: Date �. Out of Commi�tee By Date with ��said requirements. All new applications involving a pre3Rises , l cation, building or structure shall be refe��red to the director of the department of fire and �afet services and to the building official for investi�ati n and recommendation. . ,! (b) Class III .,Licenses . For all original and renewal applications f r Class III licenses , the inspector shall obtain f bm the Police Department the criminal history for a 1 `,individuals who own and manage the licensed business . �• Applicants shall provide to the division the ame , �� birthdate , address , fingerprints and written co sent r the release of their criminal history from al person3,_ who own and mana e the business and on such forms as ma . be required by the inspector, the F.B. I . an the B.C��,A. The Police Department shall provide t e criminal '� istory information obtained from its own ecords , and� to the extent permitted by state or ederal law, rom the records of the Federal Bureau ' of Investigati n and the State Bureau of Criminal Apprehension. F the purpose of this section "crimi al history" sh ll mean records of convictions for felony, gross mi demeanor and misde- ' meanor offense for which a ja sentence can be imposed, durin the five year pe iod preceding the � date of application; provided, howev , that "criminal history" shall ' not include convict ons which have been, pursuant to law, annulled or exp ged. Criminal histories may e considered by the Cit Council only to the extent ermitted by Minnesota Sta utes , Chapter 364. Section 2. This ordinance hall take effect and be in for e thirty ( 30) day from and after its passage , approval and public tion. COUNCIL MEMBERS 2' Yeas Nays Requested by Department of: Dimond � �� In Favor '� Gosw;tz F` Rettman �be;n�� , Against BY Sonnen � Wilson Form App d by City Attorney Adopted by Council: Date Certified Passed y Council Secretary BY By Approved by Mayo�: Date Approved by Mayor for Submission to Council , By BY son T .� - c��».,u►� a►,e ew��rEO ��—/u f l .� J. . _ ��N �ET �o. O O a 8 91 Ril�i Soun ' ' -;'� . 6/2Q/88 6/22/8$ "CT . . . . . � o��nr►�E►+r.or+Eera+ .Nrat 1ot�.�srNm Moll 4�Rtt ke� �� a�aeae�eEnu�cea owecron _�arr a.� ' Cd� . �y. � . --"— euoc�T o�n � Cit Counc � 29�-5378 � ' .` cm�,fo� __ : — _ . . ; - Ordinance ending LegiBlative �" e 3Y0.03 to provide fdr BCA and FBI checks of Glass I�I license app ications and renewa ' �1 f cN«�t�� 1 oo�n+cn.n� _ Pe�►� c�� j a«w oJriE our iwKVSr ar�ra: ,—^.ao�uHO� reo a�s acNOO�eano � i .�.�.si�rs•. punr�� i `•, ��s�s � ,uw�.wro�oom+ nErv rn oo�R� oo�enn,�►tr _ _r•on�oot rxa. �r�s�at�ooeu* o�srwi,�re�u�a� A Cit Councilm r�,,�,,: , _ : aurvonrswwwcax�ca A Inter departme �a . ' License Commit e ; { . � i� None . I �►�� ornomuarr Mmo.w�.wnanr ,wny). , ,. Adainistrati n's License Committ faund that golice background checks of Class IIT licenses could not ex end�beyond Ramsey C � ty because City did nut hitve code provisions for ` .. BGA or::FBI- c ecks: ��. _ . , , � ,. , � , _ . ; . - ° �n� �a�.na�.s.�+r� = . � _ I. New e�phasis thorough license �ve�tigation indicates need to go beyoncf 'R�msey Countp for background c cks. , ; �.C��Mh�t, rnd To.YN�n): • - 1!�ore thorough checks resu�� in hi r fees for licenses, more coordinati�:an wo�k �for � � staff, more i farmation in making icense decisions, 'I ' . . ; ,, . ,. ` �>� �` _ � . .h: a;ean+►�n�a: � �os c� : ' . . �, ; �tatus quo Less work, less fees Not thorou$� e1t��gh , � _ �,, ' �o�►�eceowss: . City lic.ensing.c4des I! , � _ �ra��s: tinknown ! t : _ , . . � . _ � �. , . �w�� r�s �� ✓ � � p �- . .� . . . . - � . - , . . � _— --- -- —.i — —_ WMIT - CITY CLERK �COI1RC31 PIN � FINANCE ' CANARV -DEPARTMENT ' � B�„E -M,,,,oR , GITY OF SAINT PAUL File NO. � 07� . I Or`/iZn�n�,e Ordinance N0. . Presented By Referre�l To Committee: Date Out of ommittee By Date with said requi ements. All new applications involving I a premises, lo ion, building or structure shall be referred to th� irector of the department of fire and safety servIice and to the building official for i investigation anld rec mmendation. (b) Class III ILicense For all original and renewal applications fo Class III licenses, the inspector may obtain fro the Po ' ce Department the criminal history for all individual. who own the licensed busi- ness. Applica ts may be equested by the division to provide the name, birthd e, address, fingerprints and written con ent for the r lease of their criminal history from al persons who n the business and on such forms as ay be required y the inspector, the ' F.B. I . and the B.C.A. The Po ' ce Department shall provide the cri inal history infor ation obtained from its own records, and, to the extent permitted by state or federal law, from the records of he Federal Bureau ' of Investigation and the State Bu au of Criminal Apprehension. F r the purpose of this s ction "criminal history" shall ean records of convicti s for felony, gross misdemean r and misdemeanor offen es for which ' a jail sentence can be imposed, during e five year period precedin the date of application• provided, however, that "criminal history" shall n t include convictions whic have been, pursuant to law annulled or expunged. Criminal histories may be c nsidered by the City Co ncil only to the extent permitted by Minnesota Statutes, Chapter 364. Section 2. This ordinance shall take effect and be in forc thirty (30) days from and aft�er its passage, approval and publica ' on. COUNCIL MEM$ERS Yeas Nays Requested by Department of: Dimond ��g I in Favor Goswitz Rethnan s�ne;net Against BY Sonnen i Wilson Form App ed by Ci Atto ey Adopted by Council,: Date Certified Passed by Council Secretary BY By I Approved by Mayor: , Date Approved by Mayor for Submission to Council By BY I I