96-1112 �- � � - ��� �� l� �
� ��° Council File # � �
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Ordinance #
Green Sheet # �S ' V�
ORDI CE
IT O SAIN PAUL, MINNESOTA �5
Presented By
Referred To Committee: Date
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1 An ordinance to amend Chapter 310, Uniform License
2 Procedures, of the Saint Paul Legislative Code pertaining
3 to notifications for Class III license renewals
4
5
6 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
7
8
9 Section 1
10
11 Section 310.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
12
13 "Sec. 310.04. Levels of approval; recommendations.
14
15 (a) Class I licenses. Where an application for the grant, issuance or renewal of a Class I license
16 meets all the requirements of law, and there exists no ground for denial, revocation or
17 suspension of, or the imposition of conditions upon, such license,the director shall grant, issue
18 or renew said license in accordance with the application.
19
20 (b) Class II licenses. Where an application for the grant, issuance or renewal of a Class II license
21 meets all the requirements of law, and there exists no ground for denial, revocation or
22 suspension of, or the imposition of conditions upon, such license, the director shall grant, issue
23 or renew said license in accordance with the application.
24
25 (c) Class I and Class II licenses, if denied by director. In the event the director, in the case of both
26 Class I and Class II licenses, determines that the application for grant, issuance or renewal of the
27 license does not meet all the requirements of law or that there exist grounds for denial,
28 revocation, suspension or other adverse action against the license or the licensee, the director
29 shall recommend denial of the application and follow the procedures for notice and hearing as
30 set forth in section 310.05.
31
32 (d) Class III licenses.
33
34 (1) Grant, issuance or transfer. Upon receipt of a fully completed application and required
35 fees for a Class III license, and after the investigation required, the director shall notify
36 the council. A public hearing shall be held on the grant or issuance of all Class III
q G- I ��a..
1 , `�� � tiy ; a , , ��censes. In any case where the director recommends denial of the grant, issuance or
2 renewal of a Class III license, or where the council believes that there is evidence which
3 might result in action adverse to the original or renewal application,the director on his
4 or her own initiative, or at the direction of the council, shall follow the procedures for
5 notice and hearing as set forth in section 310.05. Where the application for the grant,
6 issuance or renewal of a Class III license meets all the requirements of law, and where
7 there exists no ground for adverse action, the council shall by resolution direct that the
8 director issue such license in accordance with law.
9
10 (2) Renewal. The director shall in writing notify the council, and the affected neighborhood
11 organization(s) established for citizen participation purposes, at least gi�:�{H9j�a�
12 ��t�}days before the expiration date of all Class III licenses. A public hearing on the
13 renewal of any such license shall not be held except on the request of a councilmember,
14 which request shall be incorporated in the form of a council resolution. Upon the
15 passage of such resolution, the director shall give written notice of such hearing to the
16 affected neighborhood organizations. Such public hearing does not replace or amend any
17 of the procedures set forth in section 310.05 of the Legislative Code. If no request for a
18 public hearing is made before the expiration of any such license, and where there exists
19 no ground for adverse action,the director shall issue the license in accordance with law.
20
21 (e) Appeal; Class I or Class II licenses. An appeal to the city council may be taken by any person
22 aggrieved by the grant, issuance or renewal of a Class I or Class II license; provided, however,
23 that the appeal shall have been filed with the city clerk within thirty (30) days after the action by
24 the director. The only grounds for appeal shall be that there has been an error of law in the
25 grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in
26 particular the alleged errors of law. The council shall conduct a hearing on the appeal within
27 thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten
28 (10) days prior to the hearing date. The procedures set forth in section 310.05, insofar as is
29 practicable, shall apply to this hearing. Following the hearing,the council may affirm or remand
30 the matter to the inspector or director, or may reverse or place conditions upon the license based
31 on the council's determination that the decision was based on an error of law. The filing of an
32 appeal shall not stay the issuance of the license.
33
34 (� No waiver by renewal. The renewal of any license, whether Class I, II or III, shall not be
35 deemed to be a waiver of any past violations or of any grounds for imposition of adverse action
36 against such license."
2
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1 Section 2 0�•
2 �..
3 This ordinance shall take effect and be in force thirty (30) days following its passage, approval, and
4 publication.
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Yeas Na Absent Requested by Department of:
B a ey
Guerin ____Office of License, Inspections and
H rris
Megar Environmental Protection
Rettman
TTiune ��
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y Council: Date
�a}�,i.au Certified by Council Secretary Form Approved by City Attorney
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By: a- BY� i, LL � �C�.�'n��
C. -
Approved by Mayor: Date Approved by Mayor for Submission to
Council
By� gy; � �. .�d►��'y"��
�
OFFICE oF I�IEP Date : 8/2/96 GREEN SHEET
N° 35163
Robert Kessler 266-9112 - 1 DEPARTMENT DIRECTOR 4 ITY COUNCIL
2 CITY ATTORNEY ITY CLERK
USt be 011 COl.lI1C11 Agenda by: BUDGET DIRECTOR FIN. 6. MGT. SVC. DIR.
SAP 3 YOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance to amend Chapter 310 of the Saint Paul Legislative Code
ertaining to uniform license procedures; changing notification requirements
for Class III license renewals .
RECOMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER T8E FOLLOWING:
PLANNING COMMISSION CIVIL SERVICE CONIMISSION l. Has the person/firm ever worked under a contract for this department?
CIB COMMITTEE A BUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/firm ever been a City employee?
DISTRICT COURT _ YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJECTIVE? Current City employee? �
YES NO
xplain all YES anawera on a aeparate aheet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why) :
p to this point, the City has had different notification requirements for
different licenses and permits. This legislation is an attempt at the
coordination and streamlining of the notification process .
VANTAGES IF APPROVED:
ill stremline the procedures for public notification.
DISADVANTAGES IF APPROVED:
one. AU G 21 1996
DISADVANTAGES IF NOT APPROVED:
____ _ _._
ill maintain the status quo and there will be no efficiencies developed.
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)