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WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council �
CANARV - OEPARTMENT
BIUE -MAYOR File NO. -/���
•
0� in�nce Ordinance N�.
Presented By f�r�.t:�r ��I�i�� t �' /
Referred To Committee: Date
Out of Committee By Date
An ordinance amending the Saint Paul Legislative
Code so as to add provisions governing bookstores.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l .
That the Saint Paul Legislative Code is hereby amended so
as to add the following new provisions thereto:
BOOKSTORES
XXX.Ol . License required. No person shall engage in
the business of operating an adult bookstore or
bookstore without a license as provided for in this
chapter. No license issued under this chapter shall
be transferable from one person, business , corpora-
tion or location to another.
XXX.02. Definitions. As used in this chapter, the
terms defined in this section shall have the follow-
ing meanings ascribed to them:
Adequate or approved means acceptable to the director
of �he division of public health of his agents follow-
ing his determination as to conformance with public
health practices and standards.
Adult bookstore as defined in Section 60.021 of
this code. •
Adult use as defined in Section 60.201 of this code.
Bookstore shall include adult bookstore and bookstore.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� In Favor
ca�c�
Rettman
Scheibel Against By
Sonnen
Wilson
Form Appr d by City Att ey
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council ,
sy ' By
�. � �8/f�3t�
Obacene as defined in Minnesota Statutes, section 617 .241 .
Obscene work as defined in chapter 274 of this code.
Performance as defined in Minnesota Statutes, section
617 . 241 .
XXX.03 . License classification. The licenses are
classified as follows:
Class A---Bookstore
Class B---Adult Bookstore
XXX.04 . Fee. The required annual fee far a class A or a
Class B license is two hundred dollars.
XXX.05. License requirements.
(a) Application. The initial application for a license
shall be made at the office of the inspector by filing the
annual license fee and by completing an application form.
The application form, which shall be prepared by the
inspector and approved by the city council, shall contain
the following information:
( 1 ) A description and location of the premises to be
licensed. If the premises is not constructed and
furnished at the time the application is
completed, the detailed plans of the premises and
furnishings shall be attached to the application.
( 2 ) Names and addresses of the property owner, the
business owner, the lessee, the manager or
operator and, if a corporation, all the names and
addresses of the officers of such corporation, and
any other person or corporation which may have a
financial interest in the premises to be licensed;
( 3) A description of any crime or other offense,
including the time, place, date and disposition,
for which any of the persons named in subparagraph
(2) of this paragraph (a) have been arrested or
convicted;
(4) A description of the books to be offered.
( 5) The business, occupation, or employment of each of
the persons named in subparagraph ( 2) of this
para�raph (aj for the three years immediately
preceding the date of application;
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(6) The previous experience of the persons named in
subparagraph ( 2 ) of this paragraph (a� in a
bookstore;
( 7) A statement as to whether the persons named in
subparagraph ( 2) of this paragraph (a) have had
any license denied, revoked or suspended in the
city of Saint Paul or the state of Minnesota, the
reason therefore, and the buainess activity or
occupation of the individual subsequent to such
suspension, revocation or denial.
The application will then be reviewed by the division of
public health, division of housing and building code
enforcement, police department, and such other departnents
as ahall be deemed necessary. The departments will
thereafter aubmit their reports and recommendations to the
office of the inspector, who will submit all of the reports
and recommendations of the other departments together with
the inspector's report and recommendation to the 3aint Paul
city council. The city council, following a public hearing,
shall either grant or deny the license in accordance with
the procedures set forth in chapter 310 of this code.
(b) Hearing; notification. At least thirty ( 30) days
before a public hearing on an application for a license, the
department of finance and management services ahall notify
by mail all owners and occupants who own property or reside
within three hundred ( 300) feet of the property line of the
establishment to be licensed, and all community
organizations that have previously registered with said
department, of the time, place and purpose of such hearing,
said three hundred ( 300) feet being calculated and computed
as the distance measured in a straight line from the nearest
point of the property line in which the businesa is to be
operated to the nearest point of the property line owned,
leased or under the control of the resident. Prior to the
hearing date, the department of finance and management
services shall submit to the city council a list of the
names and addresses of each person or organization to whom
notice was sent, and certification of such list by the clerk
shall be conclusive evidence of such notice. The failure to
give mailed notice to owners or occupants residing within
three hundred ( 300) feet, or defects in the natice, shall
not invalidate the licenae provided a bona fide attempt to
comply with this paragraph (b) has been made. A bona fide
attempt is evidenced by a notice addressed to "owner" and to
"occupant" of the listed address. Only one notiee need be
mailed to each house or each rental unit within a multiple-
family dwelling regardless of the number of occupants.
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. . S�'����3 6
The notification requirements of this paragraph (b) shall
not be applicable where the license is to be held in a place
located within the downtown business district. For purposes
of this chapter, downtown business district shall include
all that portion of the City of Saint Paul lying within and
bounded by the following streets: Beginning at the
intersection of Shepard Road with Chestnut 3treet, Chestnut
Street to Pleasant Avenue, Pleasant Avenue to Hellogg
Street� Kellogg Street to Summit Avenue, Summit Avenue to
Tenth Street, Tenth Street to Interstate Freeway 94,
Interatate Freeway 94 to Lafayette Bridge, Lafayette Bridge
to where the bridge crosses over Warner Road, Warner Road to
Shepard Road, Shepard Road to Chestnut 3treet.
(c) Hearing. The city council ahall afford the applicant
and all interested parties a public hearing, and shall have
the discretion to consider in granting, denying, or renewing
the license any reasonable fact or circumstance relatin� to
the public health, safety and welfare, including, but not
limited to, the following:
{ 1 ) The character and suitability of the
area or neighborhood in which the
licenaed premise� is to be located;
( 2j Traffic congeation and parking problems.
(d) Basis for denial. The council may deny an application
for renewal or grant of a licenae on the basis of a
determination that the public health, safety or welfare
would be otherwise adversely affected, taking into account
one or more of the facts or circumstances in this aection;
provided, however, that the Council ahall not consider as
grounds for denial any activity on the part of the applicant
which activity is protected by the provisions of the
Constitutions of the United States or of the State of
Minnesota.
(e) Restrictions may be imposed. Where a reasonable basis
is found by the council to impose reasonable restrictions
upon the license, taking into consideration one or more of
the above facts or circumstances, the council may upon
issuance or renewal of a license impose such reasonable
conditions and restrictions on the manner and circumatances
under which the Iicensed activities shall be conducted to
preserve the public peace and protect and promote good order
and security. It is the intention of the council not to
place any restrictions or conditions upon any license which
would unlawfully restrict or interfere with any rights
protected by the Constitutions of the United States or of
the State of Minnesota.
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XXX.06 . Adverse aation; grounds for suspension, revoeation,
or denial. The City Council may consider the taking of
adverse action regarding a license application or licensed
business as set forth in this section; provided, however,
that the Council shall not consider as grounds for such
adverse action any activity on the part of the applicant or
licensee which activity is protected by the provisions of
the Constitutions of the United States or of the State of
Minnesota.
{a) It shall be �rounds for denial of the a,pplication
if the applicant or persons in his employ are not
complying with or have a history of violations of
the laws and ordinances that apply to public
health, safety or morals.
(b) It shall be grounds for the denial, suspension or
revocation of a license if the owner, manager,
lessee or any of the employees is convicted of any
violation, reasonably related to the licenaed
activity and/or occurring on the licensed
premises, of any ordinance or state statute.
(c) It shall be grounds for suspension or revocation
of any license granted under thia chapter if the
premises do not comply with the health, safety and
building regulationa of the City of 8aint Paul or
State of Minnesota.
(d) An application may be denied or a license may be
suspended or revoked if the presence of such
establishment is found to be detrimental to the
health, welfare or safety of the citizens of the
City of Saint Paul .
(e) A license may be suspended or revoked upon
evidence of a material variance in the actual plan
and design of the premises from the plans
submitted pursuant to this chapter, or from the
original design of the premises when initially
licensed, without prior approval of the city
council .
(f) Licenses may be granted only to establishments
which can meet the requirements of the health,
housing, building, fire and zoning code
regulations of the city of Saint Paul and State of
Minnesota.
(g) It shall be grounds for denial , suspension or
revocation of the license if there is any fraud or
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deception involved in the license application or
license renewal .
(h) It shall be grounds for suspension or revocation
of the license if the licensee, owner, lessee, or
manager fails to comply with any of the ordinances
of the city of Saint Paul or statutes of the State
of Minnesota pertaining to bookstores.
( i) It shall be grounds for the suspension or
revocation of the license if the licensee or owner
or manager or any of the employees or persons
having a financial interest in the premises are
found to be in control of or possession of any
alcoholic beverages or controlled substances on
the premises, possession of whieh is illegal under
city ordinance or state law.
(j ) It shall be grounds for the denial, suspension or
revocation of the license if the licensee, owner,
lessee, manager or employee has evidenced in the
past willful disregard for the health, housing,
building and/or fire codes and regulations.
(k) It shall be grounds for the denial, suspension or
revocation of the license if any aforementioned
person or persons shall refuse to permit any
police officer or inspector employed in the city's
fire department, division of license and permit
administration to inspect the premises or
operations during normal business hours.
(1) It shall be grounds for the denial, suspension or
revocation of a license if the licensee or any of
its employees are found to be in violation of the
provisions of this chapter.
XXX.07 . 3ubmission of plans and specifications. All
persons who hereafter construct, extensively remodel or
convert buildings or facilities for use as a bookstore shall
conform and comply in their construction, erection or
alteration with the requirements of this chapter. Plans and
specifications for such layout, arrangement and plumbing and
construction materials � size and type of equipment and
facilities shall be filed by the owner in the office of
housing and building code enforcement within the department
of community services. A building permit shall not be
issued for any such construction, remodeling or alteration
until such permit shall have the approval of the division of
public health.
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XXX.08. Inspection by city officers and identification of
employees . During any hours in which any person is present
on the licensed premises, all bookstores shall be open to
inspection by city health, building and license inspectors
and police officers . Upon demand by any police officer, any
person engaged in providing services in any licensed
premises shall identify himself/herself giving his/her true
legal name and correct address.
XXX.09 . Rules and regulatians; director of division of
public health may promulgate. The director of the division
of public health shall make such rules and regulations in
keeping with the provisions of this chapter and as may be
reasonably necessary to the safe and sanitary operation of
all bookstores . Such rules and regulations shall be
effective when filed in the offices of the city clerk and
inapector, and amendments thereof shall be effective twenty
( 20) days after being so filed. Violations of such rules
and regulations may be sufficient grounds for revocation or
suspension of any and all licenses issued pursuant to this
chapter.
XXX. 10. Unlawful acts.
( 1 ) It ahall be unlawful for anyone to engage in,
conduct, or carry on any bookstore establishment
without a valid license issued pursuant to this
chapter.
(2 ) It shall be unlawful for any person in any
bookstore to place his or her hands upon, or to
touch with any part of his or her body, or to
fondle in any manner, or to massage, the genital
area of any other person.
( 3 ) It shall be unlawful for any person in any
bookstore to expose his or her genital area or any
portion thereof to any other person, or to expose
the genital area or any portion thereof of any
other person.
(4 ) It shall be unlawful for any peraon, while in the
presence of any other person in any bookstore to
fail to conceal with a fully opaque covering the
genital area of his or her body.
{ 5) It shall be unlawful for any person owning,
operating or managing any bookstore knowingly to
cause, allow, or permit in or about such
7
WMITE - CITV CLERK
PINK - FINANCE GITY OF' SAINT PALTL Council /� -
CANARV -DEPARTMENT Jo{ � �n/
BLUE -MAVOR File NO. V /V �
•
Or indnce Ordinance NO.
Y
Presented By � �'"' ����\�
Referred To Committee: Date
Out of Committee By Date
establishment, any agent, employee, or any other
person under his or her control or supervision to
perform such acts prohibited in subparagraphs (1 )
through (4) of this section or any obscene act.
(6) It shall be unlawful for any person to employ any
person under the age of eighteen to work in any
adult book store.
Section 2.
This ordinance shall take effect and be in force thirty
days from and after its passage, approval and publication.
Section 3 .
This ordinance shall be deemed a part of the Saint Paul
Legislative Code and shall be incorporated therein and given
an appropriate chapter and/or section number at the time of the
next revision of the Legislative Code.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� In Favor
Goswitz
Rettman
��;�� Against BY
Sonnen
Wilson
Form Approv d by City Attorney
Adopted by Council: Date
Ceatified Passed by Council Secretary BY
By
Approved by Mayor: Date Appro by Mayor for Submission to Council
By sy
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PINK ,�...--�fINANCE ' CI�"Y OF S_AINT PATTL Council � ,-, --�, � ;.-,
CANAR�/-OE�ARTMENL-' � � -
BWE -htAYOR � �
File N 0._� /� --�
•
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Ord�nc�nce �inance NO.
Presented By � �` � � :ti�_�-� � � ��t�
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Out of Committee By Date
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COUNE.'II. M�MBERS Requested by Department of: � ��
Yeas . Nays �
Dimond �
�� In Favor �� �
Goswitz
Rettman
s�ne;� Against By ±
Sonnen F
Wilson
Adopted by Council• Date Form Approved by City Attorney
• f,
Certified Passed by Council Secretary BY
By _.^..•-
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY
ORIGINATOR�{ � . . . . . . DATE M1►IATED DATE COMPLETED � . . .. . V✓ ��1�3� .
Kil�i Sonnen 11/4/88 GREEN SHEET No. 002756
CONTACT P�R80N DEPAR'TMENT O�RECTOR NNYOR(OR AB&STANi)
Mo 11 0'Rou 2 NUMIB R FOR _ �a�nr�°EMq�r s�v�$o��c�n 2�r"c�'*
cori,�oE . cor�rncT v�Ho. RounNCi �oEr a�cra�
ORDER: 1 cm�rro�v
U ECT/DESCRIPTION F PROJECTlREQUEST:
Require adult entertainment businesses to have a license and bring City licensing code
to conform with zoning code.
�j�o�CS7��.e �c�.r��,�
RECbMMENDATIONB:(Approvs(A)w Re�ect(R)1 COUNCIL REBEARCH REPORT:
W.ANNNO COMMIISSION CNM.SERVICE COMMI3910N DATE qi DATE OUT ANALY9T PFIONE N0.
ZONINO WMMI39ION �D 825 3CF100L BOAHD �
. STAFF CHARTER COMM1331�J -COMPLEtE 118 IS -ADOL MIFO.ADDED* _�R ADDL N��ffO.'��F . _FEEDBApC�•
D16n"�T�� A Council •Ex�naa: ff •
surroRrs v�m�cax�ca ae,�cnvEv
Neighborhoods ��.,r,.s! ne����-ch Center,
idUV 10 ►��8
r�.n►�o�,�,o�onn,r�m tv�,�.wn�.,n�.w�»�..W�r►:
Adult businesses and certain similar, regular businesses, currently .operate without a license,
but some cause adverse effects in the community and requiring a license could help stabilize
the health and welfare of the community.
�NlsTIFlCA7wN(CosUeename.Advsds0es.Rssultslc
Conforming licensing code to the zoning code strengthens entire code, sets out expectations
for businesses and provides for community input and review.
CONSECUENCES(Wh�t,When.and To Whom).
Additional regulation for. businesses; more control by co�unities.
�re�u►rnEa: �os cars
No licensing of establishments Less work, less regulatio Less local community
control
License only adult establishments Less opposition Legal problems
HISTORY/PRECEDENTB:�
City has history of licensing
�c�resues:
lst Amendment