01-485��f�I�,�L
Council File # o►� NR S
Green Sheet # \ \�pg 9.
RESOLUTION
r�
Presented
Referred To
PAUL, MINNESOTA
ly
Committee Date
1 WHEREAS, the Saint Paul City Council requested a zoning study on the regularion of gun shops on
2 February 9, 2000 in Council File #00-131; and
3 WHEREAS, the Planning Commission completed its review and adopted its report on April 13,
4 2001; now therefore be it
5 RESOLVED, that the Saint Paul City Council accepts the Study of Issues Related to the Definition
6 and Regulation of Gun Shops in the City of Saint Pau[.
Requested by Department of:
�
Form Approved by CiTy Attomey
�
Adopted by Council: Date � a �e
Adoption Certified by Council Secretary
BY� � � � - � -,--r'
Approved by Mayor: Date �� 2 � �
By:
Approved by Mayor for Submission to Council
�
�
DEYARTMENT/OFFICE/COUNCII.: DATE YNTfIATED GREEN SHEET NO.' I 11OHZ Q��L`gs
PED 4113/Ol '
.����s C�-�ss� ,� �A�
2 DEPARTMENT IIL 5 CITY COULVCII, �
ASSIGN 3 CITY ATTORNE uner CITY CLERK
MUSf BE ON COUNCII, AGENDA BY (DATE) n.ZJ�gg _FINANCIAL SERV FINANCLSL SERV/ACCTG
�...� 'Of R � ING i �� _CIVII,SERVICECOI.RvIISSION
ORDER
�-vl C��-� r
TOTAL # OF SIGNATiJRE PAGES_ 0 iCLIP ALL IACATIONS FOR SIGNAT[7RE)
wcriox x�uESr�n: Transmit Planning Commission report on definition and regulation of gun shops requested by
City Council Resolution 00-131.
RECOMMENDAITONS: Approve (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MiJST ANSWER THE FOLLOWING QUE5TION5:
I. HasfLisperson/Smteverworkedundetacouhxetforthisdepaztmeirt?
A PLANNINGCOMMISSION Yes No
CIB COMMITTEE 2. Has tLis persod&m� ever been a city emp7oyee?
CIVIL SERVICE CAMMISSION yes No
3. Does tlus personlfvmpossess a ski71 notnrnmally possessed by any current city employee?
Yes No
Eaplaui all yes answe�s on separate sheet and attach W green sheet
INITTATING PROBLEM, I3SUE, OPPORTUNTTY (Wiio, W4at, When, Where, Why):
The City Council requested Plamiing Commission study of proposed amendments related to the definition and
regulation of gun shops.
ADVANTAGES TF APPROVED:
The Planning Commission's proposal would clarify and simpiify the Code's enforcement.
ffiSADVANTAGES IF APPROVED:
None
nisanvnniTacES iF xoz nrrxovEn: There is some indication that, with the expiration of the cucrent moratorium,
prospective gun shop owners have identified "loop holes" in the current code that would allow them to operate in a
manner contrary to the intent of the Council ,
TOTAL AMOi7NT OF TRANSACTION: $ COST/REVENi7E BUDGETED: �,
Fi7NDING SOURCE: ACTIVII'Y NUMBER:
��� �g�A�(
FINANCIAI, INFORMATION: (F,XPLAI�
M.�°' � � �QG�
K,SLared�Pe3Vi�MANS�r :strtn �
PLANNING COMMISSION
CITY OF SAINT PAUL
Norm Coleman, Mayor
Aprii 13, 2001
Council President Dan Bostrom
and Members of the Ciry Council
32oB Ciry Hall
Saint Paul, NIlV 55102
GladysMonon, Charr
25 WestFou�th Street
SaintPau7, MIV 55102
Dear Council President Bostrom and Members of the City Council:
at-ygs
TeZephone: 651-2 66 6565
Facsrm�Ze: 651-228-3314
The City Council, by Resolution 00-131, adopted on February 4, 2000, requested that the
Plamiing Commission study a series of proposed amendments to the Zoning Code related to the
definition and regulation of gun shops and to prepare for the Council a report and
recommendation on those amendments.
This morning, the Planning Commission completed its review and adopted its report including a
proposed altemative ordinance. A copy of their resolution and report are enclosed. Please feel
free to call me or Nancy Homans (6-6557) of our stafFif you have any questions or need
additional information.
Sincerely,
Larry So holm
Planning Administrator
Enclosures
o t -��rs
ciiy �f saint paut =
planning commission resolution
fiie number 01-23
date Apr�� �3, Zoo�
RESOLUTION TRANSMiTT1NG A STUDY OFlSSUES RELATED TO THE
DEFiNlTION AND REGULA7/ON OF GUN SHOPS W THE CITY OF SAINT PAUL
TO THE GITY COUNCIL
WHEREAS, the Saint Paul City Councii, in Council File 00-131, adopted on February 9, 2000,
referred proposed amendments to the Saint Paul Legislative Code §§ 60207.G. and
60.614(12), related to the definition and regulation ofi Gun Shops, to the Pianning Commission
for study and recommendation; and
WHEREAS, the Pianning Commission conducted a study of issues related to market trends in
the sale of firearms, federai licensing regulations, the impiementation of the current zoning
ordinance and community concems; and
WHEREAS, the Zoning Committee of the Planning Commission, on March 15, 2001, held a
public hearing on the study and the recommendat+ons related thereto;
NOW, THEREFORE, BE iT RESOLVED, that the Planning Commission adopts the findings,
conclusions and recommendatiorts of A Study of /ssues Relafed fo the Definition and
Regulation of Gun Shops in the City of Saint Pau! for transmitta! to the City Council in
fulfillment of its obligation described in Council Fiie 00-131.
moved by Kramer
seconded by
�n favor Unanimous
against
o ti-�Ss
Saint Paul Planning Commission
A Study of issues Related to the
Definition and Regulation of Gun Shops
in the City of Saint Pau!
Adopted
April 13, 2�01
a�-y�s
Sammary of Findings and Recommendations
• The City Council adopted a resolution requesting the Planning Commission's review ofproposed
amendments to the Zoning Code related to the definition and ren lation of gun shops in the city.
The amendments would reduce the thresholds (i.e. square feet of sales/display space and gross
sales) at which retail businesses are determined to be gun shops and subject to local land use
regulation.
• Federal restrictions have resulted in a decline in the number of fireanns dealers in the city—and
across the country. In 1993, there were 31 dealers in Saint Paui. Today our best information is
that there aze 22, more than half of which are very small home- or office-based operations
specializing in repair, Internet sales to other federally-licensed dealers, or gun shows. Most major
retailers that once sold firearms—JC Penney, Montgomery Wards, Sears, Target—are no longer
in the business. K-Mart is the exception in the Saint Paul mazket. In addition to the two K-Mart
stores, there are three small retailers in Saint Paul who sell fireanns and four pawnshops that have
federal fireanns licenses. None of them meet the Zoning Code's current definition of a gun shop.
• The Federal Bureau of Alcohol, Tobacco and Firearms (BATF) has sepuated the sale of firearms
from the sale of ammunition in its regulations, no longer requiring those who sell ammunition to
be licensed. It is likely that most retailers in Saint Paul who seli ammunition, but not firearms,
are not aware of the requirement that they be licensed by the City.
• After review of the issues related to clarity, enforceability and the intent of the City Council as
expressed in its adoption of the 1995 amendments, the Planning Commission recommends
alternative amendments that:
i. Define gun shops as all businesses in which there is the sale, lease, trade or other transfer of
firearms by firearms dealezs. The sale of ammunition would be removed from the def�nition.
Exempted from the definition would be: (1) businesses engaged solely in the cleaning, repair
or maintenance of firearms, (2) businesses engaged solely in processing mail order
transactions where the neither the display, inspection nor physical transfer of the firearm
occurs on or near the premises, and (3) single retail businesses which are federally licensed
and haae more than 50,000 gross square feet of floor azea for which the sale of firearms is
projected to account for less than 10 percent of its annuai gross sales.
ii Continue to restrict new gun shops to industrial zoning districts as special condition uses
with the same conditions as are currently detailed in the code.
iii Add the existing licensed gun shops located in B-3 zoning districts to the list of
nonconforming uses allowed to eapand without nonconfornung use pemuts (Sec. 62.102)
under certain conditions. This would allow, for instance, K-Mart to add a garden center or
Joe's Sporting Goods to build an addition without requiring them to get a pernut for an
eniargement of a non-confomung use.
1
a, -�cs
Introduction
City Council Resolution 00-131, adopted on February 9, Z000, d'uected the Plauving Comrnission to
study a series of proposed amendments to the Zoning Code related to gun shops and to prepare for
the Council a report and recommendation on those amendments. To protect the status quo during
the study period, a twelve month moratorium on the issuance of pernuts or licenses for gun shops was
adopted on Mazch S, 2000, was published on March 28, 2000 and became effective on April 27,
2000.
History and Current Status
Zoning Code
Until 1995, gun shops were not specifically listed in the Zoning Code, but were first pemutted in B-2
zoning districts as retail businesses. Amendments adopted in 1995 added a definition ofgun shop and
provided that they would be first aliowed as special condition uses in the I-I district.
The definition is as follows:
Gun shop. A gun shop is a business of any size occupied by a firearms dealer where: (a) a
majoriry of the gross floor azea is devoted to display and sales of firearms, ammunition, or both;
or (b) one thousand two hundred (1,200) square feet or more of floor area are devoted to display
and sales of firearms, ammunition, or both; provided, however, that a business shall not be
deemed a gun shop if during themonths of September, October and November, onethousandtwo
hundred (1,200) square feet or more of floor area are devoted to display and sales of firearms,
ammunition, or both; or (c) a majority of the annual gross sales of the business is derived from
the sale of fireanns and ammunition.
A,frearms dealer is a person who is federally licensed to sell firearms.
Among the conditions listed for gun shops in the I-1 district are that they:
a. Be one thousand (1,000) radial feet from any residentially zoned property and from any
"protected use" as defined in Section 60.614 of the Zoning Code; and
b. Meet the required firearms dealers security standards outlined in Minnesota Statutes.
All special condition uses aze subject to general standazds relating to compliance with city plans,
traffic circulation, neighborhood chasacter, and the orderly development of sunounding property.
As defined in the Code, there are currently no gun shops in the City of Saint Paul.
Licenszng Requirements
Citv of 3aint Pau1
In addition to the provisions in the Zoning Code, the City's Legislative Code requlres:
No person shall engage in the business of selling or dealing in firearms or ammunition in Saint
Paul without first obtaining a license to do so from the city council.
K:\Shazed�Ped�I-IOMANS1Gun shop zoning�studyfinal.wpd
a1- �SS
As of October 24, 2Q00, there were five City-licensed firearms dealers in Saint Paul:
K-mart 245 East Maryland
K-mart 1450 University Avenue West
East Side Gun Shop 935 Arcade
Don's Gun Finishing 1821 University Avenue West
Joe's Sporting Goods 935 Dale Street North
It appears likely that the sale ofammunition without City license is quite widespread. Bait shops and
various gas stationslconvenience stores, for instance, are likely to sell ammunition related to hunting
and haue not applied for City licensure. Retailers are probably not aware of the City's licensing
requirement inasmuch as the BATF no longer requires licensure for the sale of acmnunition and it is
the federallicensing process that often infomis retailers ofthe local requirements. The BATF, rather,
enforces the two pmvisions in the Iaw that set age limits on the sale or transfer of ammunition (18
yeats oid for long gun amuiunition and 21 years old for handgun acmnunition) and make it a crime
to sell or othenuise transfer ammunition to anyone that the seller has reason to believe is prohibited
from having it (e.g. felons).
Bureau of Alcohol. Tobacco and Firearms BATF�
The Bureau of Alcohol, Tobacco and Firearms (BATF) reports that there are 22 federally-licensed
firearms dealers in Saint Paui. The difference between the BA'TF's and the City's list can be
accounted for by small home- and office-based repair businesses, businesses that specialize in selling
firearms to other licensed dealers over the Internet and through the mail, and four pawn shops. The
complete inventory is attached.
Trends
The BATF indicates that the reduction in the number of firearms dealers in the city is consistent with
a national trend and is likely related to: (1) higher first-time license and license renewal fees; (2)
vigorous efforts by the BATF to ensure compliance with local zoning iaws that prohibit the sale of
firearms as home occupations etc; and (3) tighter federal requirements an the sale, transfer or lease
of firearms by licensed dealers.
Pro�osed Amendments
The amendments referred to the Commission propose to do four things:
(1) Change the basis for calculating the percentage of floor area devoted to the display and sale
of firearms and ammunition from "gross floor area" to "display and sales floor area."
(2) Reduce the thresholds at which an establishment is classified as a gun shop from:
a. 51 to 25 percent of floor area devoted to the display or sale of guns andlor aznmunition;
b. 1200 to 600 square feet of floor area devoted to the display or sale of guns andlor
ammunition; or
c. 51°/a to 25% of sales attributable to the sale of guns and/or ammunition.
(3) Change the method of calculating sales from annual gross sales to annual gross sales
calculated on a month-to-month rolling average.
(4) Add a condition to be met by those applying for a special condition use pernut that they
report on their sales after each quarter.
K:VShazedlPed�F30MANS1Gun shop zoning\studyfinal.wpd
Ol-'�pS
Specifically, the proposed amendments aze as follows:
Gun shon. A gun shop is a business of any size occupied by a fireanns dealer where: (a) a
m�}aritq twentv-five �251 percent of the grass dispiay and sales floor area is devoted to display
and sales of firearms, azmnunition, or both; or (b) anetkausand-twe six hundred (-�z@A 600
square feet or more of floor area are devoted to display and sales of firearms, ammunition, or
both; provided, however, that a business shall not be deemed a gun shop if during the months of
September, October and November, anethausand-twa six hundred (i-286-600) square feet or
more of floor area are devoted to display and sales of fireanns, ammunition, or both; or (c) a
maj�tg twenty-five j25� percent of the annual gross sales ofthe business calculated on a month
to month rollin�avera�e, is derived from the sale of firearms and ammunition.
Section 60.614 (12) ofthe Zoning Code (relating to principal uses pernutted subject to special
conditions) be amended to read as follows:
c. A summarv of sales for the nurpose of demonstratina comnliance with the definition of"eun
shop" in Section 60.207 G shall be submitted to the Office of Licensing, Inspection and
Environmental Protection, in a form an�roved by the Deoartment. each quarter for the three
precedine months. The reports sha11 be submitted bv the 15�` of the month after the end of each
u� arter-
Issues Raised
(1) Measuring Floor Area. The term "gross floor area" is cunently used when addressing square
footage requirements for a gun shop. The proposed amendments would use "display and sales
area" as the basis for evaluating the proportion of a retail establishment being used for the sale
of a ns and/or ammunition.
Discussion: Those proposing the amendment feel that LIEP's interpretation of"gross floor area"
is too expansive inasmuch as it included storage areas and restrooms. They are probably not
aware that "gross floor area" (the term used in the code) is specifically defined in the zoning code
as:
Floor area, gross. The sum of the horizontal areas of each floor of a building, measured from
the exterior faces of the e�erior walis or from the centerline of walis sepazating two (2)
buildings. The gross floor area measurement is exclusive of areas of unfinished basements,
unfinished cellazs, unfinished atCics, attached gazages, space used for off-street parking or
loading, breezeways, enclosed and unenciosed porches and accessory structures.
Rather than creating a new definition of "display and sales floor azea," reducing the basis for
calculating a percentage of floor area devoted to the display and sale of firearms andfor
ammunition would be done more effectively by using the term "usable floor area," already defined
in the zoning code as:
Floor area, usable. That area used for or intended to be used for the sale of inerchandise or
services, or for use to serve patrons, clients or customers and all that area devoted to
employee workspace. Such floor area which is used or intended to be used principally for the
K:\SharedlPedIHOMANS1Gun shop zoning\studyfmal.wpd 4
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storage of inerchandise, hallways, elevator or stair bulkheads or for utilities or sanitary
facilities shall be excluded from this computation of "usable floor area." Measurement of
usable floor area shall be the horizontal areas of the several floors of the building, measured
from the ea�terior faces to the eJCterior wa11s.
(2) Reducing the Thresholds. The amendments propose to lower the thresholds at which an
establishment that sells fireazms andlor ammunition becomes gun shop under the provisions of
the Zoning Code in two ways: by reducing the amount of floor area that can be devoted to display
and sales and reducing the revenue that may come from the sale of 6rearms andlor ammunition.
Discussion: This is the central policy issue related to these proposed amendments and the effects
would be as follows:
a. More e�sting City-licensed firearms dealers would be ciassified as gun shops and—because
they are located in B-3 zoning districts--would become legally non-confornung uses, subject
to the Code's provisions related to changes, expansions and re-establishments of non-
conforming uses.
b. Because the defuution ls based on the square footage ofthe sales area and sales revenues, any
expansion of either wouid precipitate the requirement that the owner appiy for an expansion
of a non-confornring use permit.
c. In deternuning whether a proposed new facility is a gun shop, a floor plan could be easily used
to deternrine whethet it would exceed the 600 squaze foot or 25% of usable floor area
thresholds. More difficult to deternune would be whether the 25% of sales threshold will be
exceeded.
d. For e�sting facilities that are deternuned not to be gun shops and, therefore, legally locate
in any commercial district, the question will azise as to what should be done if; in any given
year, the percent of their sales that can be attributed to guns and ammunition exceeds 2S%.
(3) Calculating Sales. The amendments propose to rede$ne how sales revenues are computed for
the purpose of defining a gun shop. The Code currently bases its definition on a percentage of
annual gtoss sales. This, potentially, opens a loop hole allowing firearms dealers who, by the end
of the year, haue sold "too many" fireanns to sell non-gun items to inflate non-gun sales and
affect the gross annual sales percentage. These dealers could then liberally accept the retwn of
these non-gun items at the beginning of the calender yeaz.
If amended, the Code would require that annual gross sales be computed as a month-to-month
rolling average—effectively for any tweive month period. The application for licensure or license
renewai would be amended to require that—in addition to a floor plan--monthly sales data (total
sales and sales of firearms and ammunition) be provided, LIEP staff would then be able to
caiculate the percentage of annual sales on a monthly basis.
Discussion: The question before the City Council is one of whether the more detailed reporting
requirements are justified by greater clarity and enforceability of the code. Again, the issue is
more cumbersome in light of the fact that it will only be related to those seelang renewal of
firearms licenses or responding to a complaint since new licensee will not haue sales data to
evaluate. The City will then be faced with the question of what to do when an e�sting retailer's
K:\Shazed�Ped�HOA3ANS\Gun shop zoning�studyfinal.wpd 5
a �-yrs
data reflect—for one or more months—that more than 25 percent of hisfher sales is attzibutable to
firearms and ammunition.
{4) Reporting Requirements as Conditions. The proposed amendments would add a condition to a
special condition use permit requiring quarterly reporting of sales.
Discussion: This amendment does not have the results anticipated by those proposing it inasmuch
it would affect only those establishments that have already been detemvned to be gun shops under
the provisions of the Code and received a special condition use pernrit. It would not result in
identifying additionai gun shops or precipitating enforcement action against an estabiishment
trying to avoid designarion as a gun shop.
The routine reporting mechanism anticipated by the authors of the proposed amendments would
be more effective if it is tied to the appiication for the renewal of a firearms license. (See
discussion above.)
(5) Plarnzing Commission: If these amendments are adopted by the City Council, the Planning
Commission would propose an amendment to clarify the exemption currently in the definition of
gun shop that excludes those establishments that exceed the minimum gross floor area during the
months of September, October and November. It is cleazly the intent of the language that those
exempted should be those that exceed the minimum levels only in September, October and
November.
In addition, staff would propose that the language in the definition of gun shops related to floor
area or gross sales include the phrase 25 percent or more.
Planning Commission Proposed Alternative
Acknowledging the market trends related to the retail sale of fireanns and recognizing the
enforcement issues presented by the proposed amendments before the City Council, the Planning
Commission proposes the following altemative provisions for City Council consideration:
1. Define gun shops as all businesses within which there is the sale, lease, trade or other transfer of
firearmsbyfederally-licensed fireanns dealers on awholesale or retailbasis. (Remove ammunition
from the definition.) Exempted from the definition would be federally-licensed businesses
engaged solely in the cleaning or repair of firearms, federaliy-licensed businesses engaged solely
in processing mail-order or on-line transactions where neither the display, inspection nor physical
transfer of the firearms occurs on or near the premises, and federally-licensed single retaii
businesses with more than 50,000 gross quare feet of floor azea for which the sale of fu is
projected to account for less than 10 percent of its annual gross sales.
2. Continue to restrict new gun shops to industrial zoning districts as special condition uses with the
same conditions as are currently detailed in the code.
3. Add the existing licensed gun shops located in commercial zoning districts to the list of
nonconfornung uses allowed to expand without nonconforming use pemuts (Sec. 62.102) under
the following circumstances: (1) the amount of floor are devoted to the display and sale of
K:1Shared�Ped1HOMANS1Gun shop zoning�studyfinal.wpd 6
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firearms in not increased; and (2) any new public entrance is not located within one thousand
(1,000) radial feet of a protected use as defined in Section 60.614 ofthe Zoning Code. This
would allow, for instance, K-Mart to add a garden center or Joe's Sporting Goods to build an
addition without requiring them to get a pemut for an eniargement of a non-conforming use.
A draft ordinance reflecting these proposed amendments is attached to this report.
Discussion. There would be four impacts of this change:
There wou]d be no ambiguity about whether an existing or proposed business is a gun shop.
Except as provided for in the three exceptions outlined in the defixrition, wherever firearms are—or
are proposed to be--sold, leased, traded or otherwise transfened on a wholesale or retail basis
would be a gun shop, regardless ofthe size ofthe display area or the percent of sales attributable
to fireazms in any given month.
2. All of the er.isting City-licensed fireazms dealers would become legally non-conforming gun
shops, but would be exempted, under most circumstances, from requirements that they apply for
a pernut to enlarge a nonconfomung use if and when they should want to e�cpand the size of their
building for purposes other than the sale of firearms.
The sale of ammunition would not be included in a definition of a gun shop. This would eliminate
the apparent cunent "disconnecY' between the code and its enforcement and not impose on
dozens of sma11 retailers who seasonally stock ammunition for hunters a new series of regulations.
4. Should the City's licensing provisions be successfully challenged, the zoning provisions would
be suflicient to effectively regulate the establishment of new facilities.
Attachments:
Attachment A- Federally Licensed Fireazms Dealers in Saint Paul
Attachment B - DraB Ordinance
Attachxnent C- City Council Resolution Referring Proposed Amendments to the Planning
Commission for Study and Report
Attachment D- City Council Moratorium
K\Shared�Ped1HOMANS1Gun shop zon+nolstudyfutal.wpd
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Attachment A: Federally Licensed Firearms Dealers in Saiut Paul
Federally Licensed City License Comment
Firearms Deaiers (1-2-01)
East Side Gun Shop City-licensed firearms dealer
935 Arcade
Joe's Sporting Goods City-licensed fireanns dealer
935 North Dale
K-Mart City-licensed fireanns dealer
245 East Maryland
K-Mart City-licensed fireanns dealer
1450 University Avenue
Don's Gun Finishing City-licensed firearms dealer
1821 University Avenue
American Pawn Shop City-licensed pawn shop
189 East 7�' Street
Lincoln Pawn and 7ewelry City-licensed pawn shop
1675 White Bear Avenue
l O Street Paul City-licensed pawn shop
136 10�` Street
JJ Jewelers & Pawn Broker City-licensed pawn shop
6 Licenses- Varied addresses Home-based repairlpernutted
home occupation
4 Licenses - Varied addresses Home-based Internet sales
with delivery by mail to
licensed dealers or sale at gun
shows
Mid-States Distributing
548 South Snelling
Dc a�
21 s on�o
Paui Burke
1746 Rome Avenue
K4SharedlPed�EIOMANS1Gun shop zoninglshuiyfmal.wpd 8
Attackssnent B: Dra£t Ordiaaace Council Fi1e #
Ordinance #
Green Sheet #
ORDINANGE
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
ORDIMANCE ADOPTING ZOMING OR
RELATED TO GUN
WHEREAS, the Pianning Commission has made a survey
Saint Paul, for the purpose of considering amendments to
determined that the number of real estate descriptions beii
render obtaining written consent impractical; and
WHEREAS, the Planning Commission, following a pubiic
recommended, on April 13, 2001, that the Zoning Ordinal
considered the report and recommendations of the R3;�
hearing on the proposed Zoning Ordinance ame �ri't`s
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pursuant to the authority granted by and in acc w
462.357; ;;:<:� r_:
The Council of the City of Saint Paul
The the Counci� of��,��1 does
the definition ''''., . , #aoq in �efi���4.20i
the
the
has
would
of
��purpose on March 15, 2001,
`� �'�tie City Council, having
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�d:�iaving conducted a pubiic
tid the Zoning Ordinance
set forth in Minnesota Statutes
u„��tiend the Saint Paul Zoning Ordinance by amending
Saint Paul Legisfative Code as follows:
Requested by Department of:
Plannina & Economic Development
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Adopted by Council: Date
Adoption Certified by Council Secretary
By:
By:
Approved by Mayor:
Date
By:
Approved by Mayor for Submission to
Council
Form Approved by City Attorney
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SECTION
The the Council of the City of Saint Paul does hereby ame
amending provisions relating to nonconforming uses of str
Section 62.102(� of the Saint Paul Legislative Code as fol
structures and
in
This ordinance shall take effect
public -"
from and after its passage, approval and
ATTACHMENT C
Presented By
Refeaed To
Committee: Date
Z WHEREAS, the Council of the City of Saint Paul, pursuant to Minn. Stat. § 462357,
3 Subd. 4, proposes to amend certain sections of the Saint Paul L.egislauve Code: NOW,
4 TF�REFORE, BE IT
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6 RESOLVED, that the following amendments to Saint Paul Legislative Code § 60.207.G
7 be refeaed to the Saint Paul Planning Commission for study and report:
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RES�LUTION
CITY OF SAINT PAUL, MiNNESOTA
�y 1
Gteen Sheet # (/�3�
a � -4g5
Gun shop. A gun shop is a business of any size occupied by a fireanns dealer
where: (a) a-nqajeri� twentv-five 1251 percent of the gress displav and sales floor
azea is devoted to display and sales of firearms, ammunition, or both; or (b}etie
�xe�s�a six hundred (�,-?89 600) squaze feet or more of floor area aze
devoted to display and sales of firearms, ammunition, or both; provided, however,
that a business shail not be deemed a gun shop lf during the months of September,
October and November, ---- `��twe six hundred (�;2@@ 600) squaze feet or
more of floor area aze devoted to display and sales of firearms, ammunition, or
both; or (c)-a-majari�y twentv-five (25) percent of the annual gross sales of the
business, calculated on a month to month rolling average is derived from the sale
of firearms and ammunition.
2. AND, BE IT FURTf�R RESOLVED, that the following amendment to Saint Paul
3 Legislative Code § 60.614(12)(c)be refeaed to the Saint Paul Planning Commission for study
4 and report: O i—�$.S
' 6 c. A summarv of sales for the nurposes of demonstratin¢ compliance with
? the defuution of a�un shon as set forth in section 60 207 G of this chapter shall
8 be submitted to the department of licence inspections and environmental
9 protection, in a form approved b�the departrnent each quarter for the three
10 precedina months. The reports shall be submitted bv the 15`" of the month after
i l ihe end of each quarter.
Reguested bv IIeoartment o£�
Fo�m Aonroved bv Citv Attoxnev
Adontion Certified bv Council 5 cretarv �poroved bv Mavor for Submission to Counci�
A�nroved bv Mavor� Date
Adooted bv Council: Date
ATTACHMENT D
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refesed To
Committee Date :
2 An interim ordinance enacted pursuant to Minnesota Statutes §
3 462.355, Subd. 4. preserving the status quo with respect to the use
4 of property within the City of Saint Paul pending the completion of
5 studies of possible amendments to Saint Paul Legislative Code §§
b 60.207.G and 60.614(12) relating to gun shops.
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o ► -48,i^
Council File # ee � t s�.
Ordinance #
Green Sheet � � �� � 3
a9
THE COUNCIL OF THE CITY O� SA.INT PAUL DOES ORDAIN:
Section 1
The Saint Paul City Council, in Council File 00-131, refened proposed amendments to
Saint Paul Legislative Code §§ 60.207.G and 60.614(12) to the Pluuiiug Commission and
requested, pursuant to Minn. Stat. § 462.355, Subd. 3, that the Plaiuiing Cammission study the
proposed amendments and submit a report and recommendation to the Council.
Section 2
Pending any report and recommendation from the Planning Cottunission and for the
purposes of prohibiting the establishment of any "gunshop" an any zoning district within the City
of Saint Paul and until such time as a report and recommendauon has been completed and the
City Council has taken action on any recommendations contained therein, or has requested and
received additional information, no pernut or license for the establishment of any gun shop sha11
be assued or approved by the City, its officers, employees, agents ar commissions. The
prohibition is enacted far the purposes of protecting the City's planning process and the health,
welfaze and safety of its citizens in addition to the other purposes expressed herein or in an
accompanying resolution.
Section 3
For a period of time not to exceed 12 months from the effective date of this interim
ordinance, and for the putposes of prohibiting any development that might be inconsistent with
the pending study and any amendments to the City's comprehensive plan or zoning regulations,
the prohibitions herein shall continue in full force until a comprehensive policy for the City
relating to the above-described uses can be adopted. In the event the studies and
recommendations of the Planning Commission and the deliberations of the City Council require
additional time, these prohibitions may be extended, by sepazate action of the City Council, for
FU6L{SHEb
�' : 1 f
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additional periods of tnne not to exceed an addifional 18 months as allowed by Minn. Stat. §
462.355, Subd. 4.
Section 4
o �-�t8�
pa _ t5�
This ordinauce shall take effect and be in force tharty (30) days from and after its passage,
approval and publicarion.
Reguested by Department of:
Hy:
Foxm Appro d Sy City Attozney
$ ���L✓�a.,�ra Zl�cicv
Adoption Certified by Councll Secretary
By: \ \-_ c� `'�.v-��C..� _-��___
Approved by Mayor: Date
Approved by Mayor for Submission to Council
ay:
Pl1BL45NED
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w.,.. o.-�., ���—__,�
°� ° ���
Adopted by Conncil: Date �.�, p-p
��f�I�,�L
Council File # o►� NR S
Green Sheet # \ \�pg 9.
RESOLUTION
r�
Presented
Referred To
PAUL, MINNESOTA
ly
Committee Date
1 WHEREAS, the Saint Paul City Council requested a zoning study on the regularion of gun shops on
2 February 9, 2000 in Council File #00-131; and
3 WHEREAS, the Planning Commission completed its review and adopted its report on April 13,
4 2001; now therefore be it
5 RESOLVED, that the Saint Paul City Council accepts the Study of Issues Related to the Definition
6 and Regulation of Gun Shops in the City of Saint Pau[.
Requested by Department of:
�
Form Approved by CiTy Attomey
�
Adopted by Council: Date � a �e
Adoption Certified by Council Secretary
BY� � � � - � -,--r'
Approved by Mayor: Date �� 2 � �
By:
Approved by Mayor for Submission to Council
�
�
DEYARTMENT/OFFICE/COUNCII.: DATE YNTfIATED GREEN SHEET NO.' I 11OHZ Q��L`gs
PED 4113/Ol '
.����s C�-�ss� ,� �A�
2 DEPARTMENT IIL 5 CITY COULVCII, �
ASSIGN 3 CITY ATTORNE uner CITY CLERK
MUSf BE ON COUNCII, AGENDA BY (DATE) n.ZJ�gg _FINANCIAL SERV FINANCLSL SERV/ACCTG
�...� 'Of R � ING i �� _CIVII,SERVICECOI.RvIISSION
ORDER
�-vl C��-� r
TOTAL # OF SIGNATiJRE PAGES_ 0 iCLIP ALL IACATIONS FOR SIGNAT[7RE)
wcriox x�uESr�n: Transmit Planning Commission report on definition and regulation of gun shops requested by
City Council Resolution 00-131.
RECOMMENDAITONS: Approve (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MiJST ANSWER THE FOLLOWING QUE5TION5:
I. HasfLisperson/Smteverworkedundetacouhxetforthisdepaztmeirt?
A PLANNINGCOMMISSION Yes No
CIB COMMITTEE 2. Has tLis persod&m� ever been a city emp7oyee?
CIVIL SERVICE CAMMISSION yes No
3. Does tlus personlfvmpossess a ski71 notnrnmally possessed by any current city employee?
Yes No
Eaplaui all yes answe�s on separate sheet and attach W green sheet
INITTATING PROBLEM, I3SUE, OPPORTUNTTY (Wiio, W4at, When, Where, Why):
The City Council requested Plamiing Commission study of proposed amendments related to the definition and
regulation of gun shops.
ADVANTAGES TF APPROVED:
The Planning Commission's proposal would clarify and simpiify the Code's enforcement.
ffiSADVANTAGES IF APPROVED:
None
nisanvnniTacES iF xoz nrrxovEn: There is some indication that, with the expiration of the cucrent moratorium,
prospective gun shop owners have identified "loop holes" in the current code that would allow them to operate in a
manner contrary to the intent of the Council ,
TOTAL AMOi7NT OF TRANSACTION: $ COST/REVENi7E BUDGETED: �,
Fi7NDING SOURCE: ACTIVII'Y NUMBER:
��� �g�A�(
FINANCIAI, INFORMATION: (F,XPLAI�
M.�°' � � �QG�
K,SLared�Pe3Vi�MANS�r :strtn �
PLANNING COMMISSION
CITY OF SAINT PAUL
Norm Coleman, Mayor
Aprii 13, 2001
Council President Dan Bostrom
and Members of the Ciry Council
32oB Ciry Hall
Saint Paul, NIlV 55102
GladysMonon, Charr
25 WestFou�th Street
SaintPau7, MIV 55102
Dear Council President Bostrom and Members of the City Council:
at-ygs
TeZephone: 651-2 66 6565
Facsrm�Ze: 651-228-3314
The City Council, by Resolution 00-131, adopted on February 4, 2000, requested that the
Plamiing Commission study a series of proposed amendments to the Zoning Code related to the
definition and regulation of gun shops and to prepare for the Council a report and
recommendation on those amendments.
This morning, the Planning Commission completed its review and adopted its report including a
proposed altemative ordinance. A copy of their resolution and report are enclosed. Please feel
free to call me or Nancy Homans (6-6557) of our stafFif you have any questions or need
additional information.
Sincerely,
Larry So holm
Planning Administrator
Enclosures
o t -��rs
ciiy �f saint paut =
planning commission resolution
fiie number 01-23
date Apr�� �3, Zoo�
RESOLUTION TRANSMiTT1NG A STUDY OFlSSUES RELATED TO THE
DEFiNlTION AND REGULA7/ON OF GUN SHOPS W THE CITY OF SAINT PAUL
TO THE GITY COUNCIL
WHEREAS, the Saint Paul City Councii, in Council File 00-131, adopted on February 9, 2000,
referred proposed amendments to the Saint Paul Legislative Code §§ 60207.G. and
60.614(12), related to the definition and regulation ofi Gun Shops, to the Pianning Commission
for study and recommendation; and
WHEREAS, the Pianning Commission conducted a study of issues related to market trends in
the sale of firearms, federai licensing regulations, the impiementation of the current zoning
ordinance and community concems; and
WHEREAS, the Zoning Committee of the Planning Commission, on March 15, 2001, held a
public hearing on the study and the recommendat+ons related thereto;
NOW, THEREFORE, BE iT RESOLVED, that the Planning Commission adopts the findings,
conclusions and recommendatiorts of A Study of /ssues Relafed fo the Definition and
Regulation of Gun Shops in the City of Saint Pau! for transmitta! to the City Council in
fulfillment of its obligation described in Council Fiie 00-131.
moved by Kramer
seconded by
�n favor Unanimous
against
o ti-�Ss
Saint Paul Planning Commission
A Study of issues Related to the
Definition and Regulation of Gun Shops
in the City of Saint Pau!
Adopted
April 13, 2�01
a�-y�s
Sammary of Findings and Recommendations
• The City Council adopted a resolution requesting the Planning Commission's review ofproposed
amendments to the Zoning Code related to the definition and ren lation of gun shops in the city.
The amendments would reduce the thresholds (i.e. square feet of sales/display space and gross
sales) at which retail businesses are determined to be gun shops and subject to local land use
regulation.
• Federal restrictions have resulted in a decline in the number of fireanns dealers in the city—and
across the country. In 1993, there were 31 dealers in Saint Paui. Today our best information is
that there aze 22, more than half of which are very small home- or office-based operations
specializing in repair, Internet sales to other federally-licensed dealers, or gun shows. Most major
retailers that once sold firearms—JC Penney, Montgomery Wards, Sears, Target—are no longer
in the business. K-Mart is the exception in the Saint Paul mazket. In addition to the two K-Mart
stores, there are three small retailers in Saint Paul who sell fireanns and four pawnshops that have
federal fireanns licenses. None of them meet the Zoning Code's current definition of a gun shop.
• The Federal Bureau of Alcohol, Tobacco and Firearms (BATF) has sepuated the sale of firearms
from the sale of ammunition in its regulations, no longer requiring those who sell ammunition to
be licensed. It is likely that most retailers in Saint Paul who seli ammunition, but not firearms,
are not aware of the requirement that they be licensed by the City.
• After review of the issues related to clarity, enforceability and the intent of the City Council as
expressed in its adoption of the 1995 amendments, the Planning Commission recommends
alternative amendments that:
i. Define gun shops as all businesses in which there is the sale, lease, trade or other transfer of
firearms by firearms dealezs. The sale of ammunition would be removed from the def�nition.
Exempted from the definition would be: (1) businesses engaged solely in the cleaning, repair
or maintenance of firearms, (2) businesses engaged solely in processing mail order
transactions where the neither the display, inspection nor physical transfer of the firearm
occurs on or near the premises, and (3) single retail businesses which are federally licensed
and haae more than 50,000 gross square feet of floor azea for which the sale of firearms is
projected to account for less than 10 percent of its annuai gross sales.
ii Continue to restrict new gun shops to industrial zoning districts as special condition uses
with the same conditions as are currently detailed in the code.
iii Add the existing licensed gun shops located in B-3 zoning districts to the list of
nonconforming uses allowed to eapand without nonconfornung use pemuts (Sec. 62.102)
under certain conditions. This would allow, for instance, K-Mart to add a garden center or
Joe's Sporting Goods to build an addition without requiring them to get a pernut for an
eniargement of a non-confomung use.
1
a, -�cs
Introduction
City Council Resolution 00-131, adopted on February 9, Z000, d'uected the Plauving Comrnission to
study a series of proposed amendments to the Zoning Code related to gun shops and to prepare for
the Council a report and recommendation on those amendments. To protect the status quo during
the study period, a twelve month moratorium on the issuance of pernuts or licenses for gun shops was
adopted on Mazch S, 2000, was published on March 28, 2000 and became effective on April 27,
2000.
History and Current Status
Zoning Code
Until 1995, gun shops were not specifically listed in the Zoning Code, but were first pemutted in B-2
zoning districts as retail businesses. Amendments adopted in 1995 added a definition ofgun shop and
provided that they would be first aliowed as special condition uses in the I-I district.
The definition is as follows:
Gun shop. A gun shop is a business of any size occupied by a firearms dealer where: (a) a
majoriry of the gross floor azea is devoted to display and sales of firearms, ammunition, or both;
or (b) one thousand two hundred (1,200) square feet or more of floor area are devoted to display
and sales of firearms, ammunition, or both; provided, however, that a business shall not be
deemed a gun shop if during themonths of September, October and November, onethousandtwo
hundred (1,200) square feet or more of floor area are devoted to display and sales of firearms,
ammunition, or both; or (c) a majority of the annual gross sales of the business is derived from
the sale of fireanns and ammunition.
A,frearms dealer is a person who is federally licensed to sell firearms.
Among the conditions listed for gun shops in the I-1 district are that they:
a. Be one thousand (1,000) radial feet from any residentially zoned property and from any
"protected use" as defined in Section 60.614 of the Zoning Code; and
b. Meet the required firearms dealers security standards outlined in Minnesota Statutes.
All special condition uses aze subject to general standazds relating to compliance with city plans,
traffic circulation, neighborhood chasacter, and the orderly development of sunounding property.
As defined in the Code, there are currently no gun shops in the City of Saint Paul.
Licenszng Requirements
Citv of 3aint Pau1
In addition to the provisions in the Zoning Code, the City's Legislative Code requlres:
No person shall engage in the business of selling or dealing in firearms or ammunition in Saint
Paul without first obtaining a license to do so from the city council.
K:\Shazed�Ped�I-IOMANS1Gun shop zoning�studyfinal.wpd
a1- �SS
As of October 24, 2Q00, there were five City-licensed firearms dealers in Saint Paul:
K-mart 245 East Maryland
K-mart 1450 University Avenue West
East Side Gun Shop 935 Arcade
Don's Gun Finishing 1821 University Avenue West
Joe's Sporting Goods 935 Dale Street North
It appears likely that the sale ofammunition without City license is quite widespread. Bait shops and
various gas stationslconvenience stores, for instance, are likely to sell ammunition related to hunting
and haue not applied for City licensure. Retailers are probably not aware of the City's licensing
requirement inasmuch as the BATF no longer requires licensure for the sale of acmnunition and it is
the federallicensing process that often infomis retailers ofthe local requirements. The BATF, rather,
enforces the two pmvisions in the Iaw that set age limits on the sale or transfer of ammunition (18
yeats oid for long gun amuiunition and 21 years old for handgun acmnunition) and make it a crime
to sell or othenuise transfer ammunition to anyone that the seller has reason to believe is prohibited
from having it (e.g. felons).
Bureau of Alcohol. Tobacco and Firearms BATF�
The Bureau of Alcohol, Tobacco and Firearms (BATF) reports that there are 22 federally-licensed
firearms dealers in Saint Paui. The difference between the BA'TF's and the City's list can be
accounted for by small home- and office-based repair businesses, businesses that specialize in selling
firearms to other licensed dealers over the Internet and through the mail, and four pawn shops. The
complete inventory is attached.
Trends
The BATF indicates that the reduction in the number of firearms dealers in the city is consistent with
a national trend and is likely related to: (1) higher first-time license and license renewal fees; (2)
vigorous efforts by the BATF to ensure compliance with local zoning iaws that prohibit the sale of
firearms as home occupations etc; and (3) tighter federal requirements an the sale, transfer or lease
of firearms by licensed dealers.
Pro�osed Amendments
The amendments referred to the Commission propose to do four things:
(1) Change the basis for calculating the percentage of floor area devoted to the display and sale
of firearms and ammunition from "gross floor area" to "display and sales floor area."
(2) Reduce the thresholds at which an establishment is classified as a gun shop from:
a. 51 to 25 percent of floor area devoted to the display or sale of guns andlor aznmunition;
b. 1200 to 600 square feet of floor area devoted to the display or sale of guns andlor
ammunition; or
c. 51°/a to 25% of sales attributable to the sale of guns and/or ammunition.
(3) Change the method of calculating sales from annual gross sales to annual gross sales
calculated on a month-to-month rolling average.
(4) Add a condition to be met by those applying for a special condition use pernut that they
report on their sales after each quarter.
K:VShazedlPed�F30MANS1Gun shop zoning\studyfinal.wpd
Ol-'�pS
Specifically, the proposed amendments aze as follows:
Gun shon. A gun shop is a business of any size occupied by a fireanns dealer where: (a) a
m�}aritq twentv-five �251 percent of the grass dispiay and sales floor area is devoted to display
and sales of firearms, azmnunition, or both; or (b) anetkausand-twe six hundred (-�z@A 600
square feet or more of floor area are devoted to display and sales of firearms, ammunition, or
both; provided, however, that a business shall not be deemed a gun shop if during the months of
September, October and November, anethausand-twa six hundred (i-286-600) square feet or
more of floor area are devoted to display and sales of fireanns, ammunition, or both; or (c) a
maj�tg twenty-five j25� percent of the annual gross sales ofthe business calculated on a month
to month rollin�avera�e, is derived from the sale of firearms and ammunition.
Section 60.614 (12) ofthe Zoning Code (relating to principal uses pernutted subject to special
conditions) be amended to read as follows:
c. A summarv of sales for the nurpose of demonstratina comnliance with the definition of"eun
shop" in Section 60.207 G shall be submitted to the Office of Licensing, Inspection and
Environmental Protection, in a form an�roved by the Deoartment. each quarter for the three
precedine months. The reports sha11 be submitted bv the 15�` of the month after the end of each
u� arter-
Issues Raised
(1) Measuring Floor Area. The term "gross floor area" is cunently used when addressing square
footage requirements for a gun shop. The proposed amendments would use "display and sales
area" as the basis for evaluating the proportion of a retail establishment being used for the sale
of a ns and/or ammunition.
Discussion: Those proposing the amendment feel that LIEP's interpretation of"gross floor area"
is too expansive inasmuch as it included storage areas and restrooms. They are probably not
aware that "gross floor area" (the term used in the code) is specifically defined in the zoning code
as:
Floor area, gross. The sum of the horizontal areas of each floor of a building, measured from
the exterior faces of the e�erior walis or from the centerline of walis sepazating two (2)
buildings. The gross floor area measurement is exclusive of areas of unfinished basements,
unfinished cellazs, unfinished atCics, attached gazages, space used for off-street parking or
loading, breezeways, enclosed and unenciosed porches and accessory structures.
Rather than creating a new definition of "display and sales floor azea," reducing the basis for
calculating a percentage of floor area devoted to the display and sale of firearms andfor
ammunition would be done more effectively by using the term "usable floor area," already defined
in the zoning code as:
Floor area, usable. That area used for or intended to be used for the sale of inerchandise or
services, or for use to serve patrons, clients or customers and all that area devoted to
employee workspace. Such floor area which is used or intended to be used principally for the
K:\SharedlPedIHOMANS1Gun shop zoning\studyfmal.wpd 4
O l—�•CS
storage of inerchandise, hallways, elevator or stair bulkheads or for utilities or sanitary
facilities shall be excluded from this computation of "usable floor area." Measurement of
usable floor area shall be the horizontal areas of the several floors of the building, measured
from the ea�terior faces to the eJCterior wa11s.
(2) Reducing the Thresholds. The amendments propose to lower the thresholds at which an
establishment that sells fireazms andlor ammunition becomes gun shop under the provisions of
the Zoning Code in two ways: by reducing the amount of floor area that can be devoted to display
and sales and reducing the revenue that may come from the sale of 6rearms andlor ammunition.
Discussion: This is the central policy issue related to these proposed amendments and the effects
would be as follows:
a. More e�sting City-licensed firearms dealers would be ciassified as gun shops and—because
they are located in B-3 zoning districts--would become legally non-confornung uses, subject
to the Code's provisions related to changes, expansions and re-establishments of non-
conforming uses.
b. Because the defuution ls based on the square footage ofthe sales area and sales revenues, any
expansion of either wouid precipitate the requirement that the owner appiy for an expansion
of a non-confornring use permit.
c. In deternuning whether a proposed new facility is a gun shop, a floor plan could be easily used
to deternrine whethet it would exceed the 600 squaze foot or 25% of usable floor area
thresholds. More difficult to deternune would be whether the 25% of sales threshold will be
exceeded.
d. For e�sting facilities that are deternuned not to be gun shops and, therefore, legally locate
in any commercial district, the question will azise as to what should be done if; in any given
year, the percent of their sales that can be attributed to guns and ammunition exceeds 2S%.
(3) Calculating Sales. The amendments propose to rede$ne how sales revenues are computed for
the purpose of defining a gun shop. The Code currently bases its definition on a percentage of
annual gtoss sales. This, potentially, opens a loop hole allowing firearms dealers who, by the end
of the year, haue sold "too many" fireanns to sell non-gun items to inflate non-gun sales and
affect the gross annual sales percentage. These dealers could then liberally accept the retwn of
these non-gun items at the beginning of the calender yeaz.
If amended, the Code would require that annual gross sales be computed as a month-to-month
rolling average—effectively for any tweive month period. The application for licensure or license
renewai would be amended to require that—in addition to a floor plan--monthly sales data (total
sales and sales of firearms and ammunition) be provided, LIEP staff would then be able to
caiculate the percentage of annual sales on a monthly basis.
Discussion: The question before the City Council is one of whether the more detailed reporting
requirements are justified by greater clarity and enforceability of the code. Again, the issue is
more cumbersome in light of the fact that it will only be related to those seelang renewal of
firearms licenses or responding to a complaint since new licensee will not haue sales data to
evaluate. The City will then be faced with the question of what to do when an e�sting retailer's
K:\Shazed�Ped�HOA3ANS\Gun shop zoning�studyfinal.wpd 5
a �-yrs
data reflect—for one or more months—that more than 25 percent of hisfher sales is attzibutable to
firearms and ammunition.
{4) Reporting Requirements as Conditions. The proposed amendments would add a condition to a
special condition use permit requiring quarterly reporting of sales.
Discussion: This amendment does not have the results anticipated by those proposing it inasmuch
it would affect only those establishments that have already been detemvned to be gun shops under
the provisions of the Code and received a special condition use pernrit. It would not result in
identifying additionai gun shops or precipitating enforcement action against an estabiishment
trying to avoid designarion as a gun shop.
The routine reporting mechanism anticipated by the authors of the proposed amendments would
be more effective if it is tied to the appiication for the renewal of a firearms license. (See
discussion above.)
(5) Plarnzing Commission: If these amendments are adopted by the City Council, the Planning
Commission would propose an amendment to clarify the exemption currently in the definition of
gun shop that excludes those establishments that exceed the minimum gross floor area during the
months of September, October and November. It is cleazly the intent of the language that those
exempted should be those that exceed the minimum levels only in September, October and
November.
In addition, staff would propose that the language in the definition of gun shops related to floor
area or gross sales include the phrase 25 percent or more.
Planning Commission Proposed Alternative
Acknowledging the market trends related to the retail sale of fireanns and recognizing the
enforcement issues presented by the proposed amendments before the City Council, the Planning
Commission proposes the following altemative provisions for City Council consideration:
1. Define gun shops as all businesses within which there is the sale, lease, trade or other transfer of
firearmsbyfederally-licensed fireanns dealers on awholesale or retailbasis. (Remove ammunition
from the definition.) Exempted from the definition would be federally-licensed businesses
engaged solely in the cleaning or repair of firearms, federaliy-licensed businesses engaged solely
in processing mail-order or on-line transactions where neither the display, inspection nor physical
transfer of the firearms occurs on or near the premises, and federally-licensed single retaii
businesses with more than 50,000 gross quare feet of floor azea for which the sale of fu is
projected to account for less than 10 percent of its annual gross sales.
2. Continue to restrict new gun shops to industrial zoning districts as special condition uses with the
same conditions as are currently detailed in the code.
3. Add the existing licensed gun shops located in commercial zoning districts to the list of
nonconfornung uses allowed to expand without nonconforming use pemuts (Sec. 62.102) under
the following circumstances: (1) the amount of floor are devoted to the display and sale of
K:1Shared�Ped1HOMANS1Gun shop zoning�studyfinal.wpd 6
o�-y�5
firearms in not increased; and (2) any new public entrance is not located within one thousand
(1,000) radial feet of a protected use as defined in Section 60.614 ofthe Zoning Code. This
would allow, for instance, K-Mart to add a garden center or Joe's Sporting Goods to build an
addition without requiring them to get a pemut for an eniargement of a non-conforming use.
A draft ordinance reflecting these proposed amendments is attached to this report.
Discussion. There would be four impacts of this change:
There wou]d be no ambiguity about whether an existing or proposed business is a gun shop.
Except as provided for in the three exceptions outlined in the defixrition, wherever firearms are—or
are proposed to be--sold, leased, traded or otherwise transfened on a wholesale or retail basis
would be a gun shop, regardless ofthe size ofthe display area or the percent of sales attributable
to fireazms in any given month.
2. All of the er.isting City-licensed fireazms dealers would become legally non-conforming gun
shops, but would be exempted, under most circumstances, from requirements that they apply for
a pernut to enlarge a nonconfomung use if and when they should want to e�cpand the size of their
building for purposes other than the sale of firearms.
The sale of ammunition would not be included in a definition of a gun shop. This would eliminate
the apparent cunent "disconnecY' between the code and its enforcement and not impose on
dozens of sma11 retailers who seasonally stock ammunition for hunters a new series of regulations.
4. Should the City's licensing provisions be successfully challenged, the zoning provisions would
be suflicient to effectively regulate the establishment of new facilities.
Attachments:
Attachment A- Federally Licensed Fireazms Dealers in Saint Paul
Attachment B - DraB Ordinance
Attachxnent C- City Council Resolution Referring Proposed Amendments to the Planning
Commission for Study and Report
Attachment D- City Council Moratorium
K\Shared�Ped1HOMANS1Gun shop zon+nolstudyfutal.wpd
o ti -y�s
Attachment A: Federally Licensed Firearms Dealers in Saiut Paul
Federally Licensed City License Comment
Firearms Deaiers (1-2-01)
East Side Gun Shop City-licensed firearms dealer
935 Arcade
Joe's Sporting Goods City-licensed fireanns dealer
935 North Dale
K-Mart City-licensed fireanns dealer
245 East Maryland
K-Mart City-licensed fireanns dealer
1450 University Avenue
Don's Gun Finishing City-licensed firearms dealer
1821 University Avenue
American Pawn Shop City-licensed pawn shop
189 East 7�' Street
Lincoln Pawn and 7ewelry City-licensed pawn shop
1675 White Bear Avenue
l O Street Paul City-licensed pawn shop
136 10�` Street
JJ Jewelers & Pawn Broker City-licensed pawn shop
6 Licenses- Varied addresses Home-based repairlpernutted
home occupation
4 Licenses - Varied addresses Home-based Internet sales
with delivery by mail to
licensed dealers or sale at gun
shows
Mid-States Distributing
548 South Snelling
Dc a�
21 s on�o
Paui Burke
1746 Rome Avenue
K4SharedlPed�EIOMANS1Gun shop zoninglshuiyfmal.wpd 8
Attackssnent B: Dra£t Ordiaaace Council Fi1e #
Ordinance #
Green Sheet #
ORDINANGE
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
ORDIMANCE ADOPTING ZOMING OR
RELATED TO GUN
WHEREAS, the Pianning Commission has made a survey
Saint Paul, for the purpose of considering amendments to
determined that the number of real estate descriptions beii
render obtaining written consent impractical; and
WHEREAS, the Planning Commission, following a pubiic
recommended, on April 13, 2001, that the Zoning Ordinal
considered the report and recommendations of the R3;�
hearing on the proposed Zoning Ordinance ame �ri't`s
��
pursuant to the authority granted by and in acc w
462.357; ;;:<:� r_:
The Council of the City of Saint Paul
The the Counci� of��,��1 does
the definition ''''., . , #aoq in �efi���4.20i
the
the
has
would
of
��purpose on March 15, 2001,
`� �'�tie City Council, having
��:
�d:�iaving conducted a pubiic
tid the Zoning Ordinance
set forth in Minnesota Statutes
u„��tiend the Saint Paul Zoning Ordinance by amending
Saint Paul Legisfative Code as follows:
Requested by Department of:
Plannina & Economic Development
�
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
By:
Approved by Mayor:
Date
By:
Approved by Mayor for Submission to
Council
Form Approved by City Attorney
By:
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SECTION
The the Council of the City of Saint Paul does hereby ame
amending provisions relating to nonconforming uses of str
Section 62.102(� of the Saint Paul Legislative Code as fol
structures and
in
This ordinance shall take effect
public -"
from and after its passage, approval and
ATTACHMENT C
Presented By
Refeaed To
Committee: Date
Z WHEREAS, the Council of the City of Saint Paul, pursuant to Minn. Stat. § 462357,
3 Subd. 4, proposes to amend certain sections of the Saint Paul L.egislauve Code: NOW,
4 TF�REFORE, BE IT
5
6 RESOLVED, that the following amendments to Saint Paul Legislative Code § 60.207.G
7 be refeaed to the Saint Paul Planning Commission for study and report:
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RES�LUTION
CITY OF SAINT PAUL, MiNNESOTA
�y 1
Gteen Sheet # (/�3�
a � -4g5
Gun shop. A gun shop is a business of any size occupied by a fireanns dealer
where: (a) a-nqajeri� twentv-five 1251 percent of the gress displav and sales floor
azea is devoted to display and sales of firearms, ammunition, or both; or (b}etie
�xe�s�a six hundred (�,-?89 600) squaze feet or more of floor area aze
devoted to display and sales of firearms, ammunition, or both; provided, however,
that a business shail not be deemed a gun shop lf during the months of September,
October and November, ---- `��twe six hundred (�;2@@ 600) squaze feet or
more of floor area aze devoted to display and sales of firearms, ammunition, or
both; or (c)-a-majari�y twentv-five (25) percent of the annual gross sales of the
business, calculated on a month to month rolling average is derived from the sale
of firearms and ammunition.
2. AND, BE IT FURTf�R RESOLVED, that the following amendment to Saint Paul
3 Legislative Code § 60.614(12)(c)be refeaed to the Saint Paul Planning Commission for study
4 and report: O i—�$.S
' 6 c. A summarv of sales for the nurposes of demonstratin¢ compliance with
? the defuution of a�un shon as set forth in section 60 207 G of this chapter shall
8 be submitted to the department of licence inspections and environmental
9 protection, in a form approved b�the departrnent each quarter for the three
10 precedina months. The reports shall be submitted bv the 15`" of the month after
i l ihe end of each quarter.
Reguested bv IIeoartment o£�
Fo�m Aonroved bv Citv Attoxnev
Adontion Certified bv Council 5 cretarv �poroved bv Mavor for Submission to Counci�
A�nroved bv Mavor� Date
Adooted bv Council: Date
ATTACHMENT D
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refesed To
Committee Date :
2 An interim ordinance enacted pursuant to Minnesota Statutes §
3 462.355, Subd. 4. preserving the status quo with respect to the use
4 of property within the City of Saint Paul pending the completion of
5 studies of possible amendments to Saint Paul Legislative Code §§
b 60.207.G and 60.614(12) relating to gun shops.
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Council File # ee � t s�.
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Green Sheet � � �� � 3
a9
THE COUNCIL OF THE CITY O� SA.INT PAUL DOES ORDAIN:
Section 1
The Saint Paul City Council, in Council File 00-131, refened proposed amendments to
Saint Paul Legislative Code §§ 60.207.G and 60.614(12) to the Pluuiiug Commission and
requested, pursuant to Minn. Stat. § 462.355, Subd. 3, that the Plaiuiing Cammission study the
proposed amendments and submit a report and recommendation to the Council.
Section 2
Pending any report and recommendation from the Planning Cottunission and for the
purposes of prohibiting the establishment of any "gunshop" an any zoning district within the City
of Saint Paul and until such time as a report and recommendauon has been completed and the
City Council has taken action on any recommendations contained therein, or has requested and
received additional information, no pernut or license for the establishment of any gun shop sha11
be assued or approved by the City, its officers, employees, agents ar commissions. The
prohibition is enacted far the purposes of protecting the City's planning process and the health,
welfaze and safety of its citizens in addition to the other purposes expressed herein or in an
accompanying resolution.
Section 3
For a period of time not to exceed 12 months from the effective date of this interim
ordinance, and for the putposes of prohibiting any development that might be inconsistent with
the pending study and any amendments to the City's comprehensive plan or zoning regulations,
the prohibitions herein shall continue in full force until a comprehensive policy for the City
relating to the above-described uses can be adopted. In the event the studies and
recommendations of the Planning Commission and the deliberations of the City Council require
additional time, these prohibitions may be extended, by sepazate action of the City Council, for
FU6L{SHEb
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additional periods of tnne not to exceed an addifional 18 months as allowed by Minn. Stat. §
462.355, Subd. 4.
Section 4
o �-�t8�
pa _ t5�
This ordinauce shall take effect and be in force tharty (30) days from and after its passage,
approval and publicarion.
Reguested by Department of:
Hy:
Foxm Appro d Sy City Attozney
$ ���L✓�a.,�ra Zl�cicv
Adoption Certified by Councll Secretary
By: \ \-_ c� `'�.v-��C..� _-��___
Approved by Mayor: Date
Approved by Mayor for Submission to Council
ay:
Pl1BL45NED
�' : kTl
g _ <
w.,.. o.-�., ���—__,�
°� ° ���
Adopted by Conncil: Date �.�, p-p
��f�I�,�L
Council File # o►� NR S
Green Sheet # \ \�pg 9.
RESOLUTION
r�
Presented
Referred To
PAUL, MINNESOTA
ly
Committee Date
1 WHEREAS, the Saint Paul City Council requested a zoning study on the regularion of gun shops on
2 February 9, 2000 in Council File #00-131; and
3 WHEREAS, the Planning Commission completed its review and adopted its report on April 13,
4 2001; now therefore be it
5 RESOLVED, that the Saint Paul City Council accepts the Study of Issues Related to the Definition
6 and Regulation of Gun Shops in the City of Saint Pau[.
Requested by Department of:
�
Form Approved by CiTy Attomey
�
Adopted by Council: Date � a �e
Adoption Certified by Council Secretary
BY� � � � - � -,--r'
Approved by Mayor: Date �� 2 � �
By:
Approved by Mayor for Submission to Council
�
�
DEYARTMENT/OFFICE/COUNCII.: DATE YNTfIATED GREEN SHEET NO.' I 11OHZ Q��L`gs
PED 4113/Ol '
.����s C�-�ss� ,� �A�
2 DEPARTMENT IIL 5 CITY COULVCII, �
ASSIGN 3 CITY ATTORNE uner CITY CLERK
MUSf BE ON COUNCII, AGENDA BY (DATE) n.ZJ�gg _FINANCIAL SERV FINANCLSL SERV/ACCTG
�...� 'Of R � ING i �� _CIVII,SERVICECOI.RvIISSION
ORDER
�-vl C��-� r
TOTAL # OF SIGNATiJRE PAGES_ 0 iCLIP ALL IACATIONS FOR SIGNAT[7RE)
wcriox x�uESr�n: Transmit Planning Commission report on definition and regulation of gun shops requested by
City Council Resolution 00-131.
RECOMMENDAITONS: Approve (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MiJST ANSWER THE FOLLOWING QUE5TION5:
I. HasfLisperson/Smteverworkedundetacouhxetforthisdepaztmeirt?
A PLANNINGCOMMISSION Yes No
CIB COMMITTEE 2. Has tLis persod&m� ever been a city emp7oyee?
CIVIL SERVICE CAMMISSION yes No
3. Does tlus personlfvmpossess a ski71 notnrnmally possessed by any current city employee?
Yes No
Eaplaui all yes answe�s on separate sheet and attach W green sheet
INITTATING PROBLEM, I3SUE, OPPORTUNTTY (Wiio, W4at, When, Where, Why):
The City Council requested Plamiing Commission study of proposed amendments related to the definition and
regulation of gun shops.
ADVANTAGES TF APPROVED:
The Planning Commission's proposal would clarify and simpiify the Code's enforcement.
ffiSADVANTAGES IF APPROVED:
None
nisanvnniTacES iF xoz nrrxovEn: There is some indication that, with the expiration of the cucrent moratorium,
prospective gun shop owners have identified "loop holes" in the current code that would allow them to operate in a
manner contrary to the intent of the Council ,
TOTAL AMOi7NT OF TRANSACTION: $ COST/REVENi7E BUDGETED: �,
Fi7NDING SOURCE: ACTIVII'Y NUMBER:
��� �g�A�(
FINANCIAI, INFORMATION: (F,XPLAI�
M.�°' � � �QG�
K,SLared�Pe3Vi�MANS�r :strtn �
PLANNING COMMISSION
CITY OF SAINT PAUL
Norm Coleman, Mayor
Aprii 13, 2001
Council President Dan Bostrom
and Members of the Ciry Council
32oB Ciry Hall
Saint Paul, NIlV 55102
GladysMonon, Charr
25 WestFou�th Street
SaintPau7, MIV 55102
Dear Council President Bostrom and Members of the City Council:
at-ygs
TeZephone: 651-2 66 6565
Facsrm�Ze: 651-228-3314
The City Council, by Resolution 00-131, adopted on February 4, 2000, requested that the
Plamiing Commission study a series of proposed amendments to the Zoning Code related to the
definition and regulation of gun shops and to prepare for the Council a report and
recommendation on those amendments.
This morning, the Planning Commission completed its review and adopted its report including a
proposed altemative ordinance. A copy of their resolution and report are enclosed. Please feel
free to call me or Nancy Homans (6-6557) of our stafFif you have any questions or need
additional information.
Sincerely,
Larry So holm
Planning Administrator
Enclosures
o t -��rs
ciiy �f saint paut =
planning commission resolution
fiie number 01-23
date Apr�� �3, Zoo�
RESOLUTION TRANSMiTT1NG A STUDY OFlSSUES RELATED TO THE
DEFiNlTION AND REGULA7/ON OF GUN SHOPS W THE CITY OF SAINT PAUL
TO THE GITY COUNCIL
WHEREAS, the Saint Paul City Councii, in Council File 00-131, adopted on February 9, 2000,
referred proposed amendments to the Saint Paul Legislative Code §§ 60207.G. and
60.614(12), related to the definition and regulation ofi Gun Shops, to the Pianning Commission
for study and recommendation; and
WHEREAS, the Pianning Commission conducted a study of issues related to market trends in
the sale of firearms, federai licensing regulations, the impiementation of the current zoning
ordinance and community concems; and
WHEREAS, the Zoning Committee of the Planning Commission, on March 15, 2001, held a
public hearing on the study and the recommendat+ons related thereto;
NOW, THEREFORE, BE iT RESOLVED, that the Planning Commission adopts the findings,
conclusions and recommendatiorts of A Study of /ssues Relafed fo the Definition and
Regulation of Gun Shops in the City of Saint Pau! for transmitta! to the City Council in
fulfillment of its obligation described in Council Fiie 00-131.
moved by Kramer
seconded by
�n favor Unanimous
against
o ti-�Ss
Saint Paul Planning Commission
A Study of issues Related to the
Definition and Regulation of Gun Shops
in the City of Saint Pau!
Adopted
April 13, 2�01
a�-y�s
Sammary of Findings and Recommendations
• The City Council adopted a resolution requesting the Planning Commission's review ofproposed
amendments to the Zoning Code related to the definition and ren lation of gun shops in the city.
The amendments would reduce the thresholds (i.e. square feet of sales/display space and gross
sales) at which retail businesses are determined to be gun shops and subject to local land use
regulation.
• Federal restrictions have resulted in a decline in the number of fireanns dealers in the city—and
across the country. In 1993, there were 31 dealers in Saint Paui. Today our best information is
that there aze 22, more than half of which are very small home- or office-based operations
specializing in repair, Internet sales to other federally-licensed dealers, or gun shows. Most major
retailers that once sold firearms—JC Penney, Montgomery Wards, Sears, Target—are no longer
in the business. K-Mart is the exception in the Saint Paul mazket. In addition to the two K-Mart
stores, there are three small retailers in Saint Paul who sell fireanns and four pawnshops that have
federal fireanns licenses. None of them meet the Zoning Code's current definition of a gun shop.
• The Federal Bureau of Alcohol, Tobacco and Firearms (BATF) has sepuated the sale of firearms
from the sale of ammunition in its regulations, no longer requiring those who sell ammunition to
be licensed. It is likely that most retailers in Saint Paul who seli ammunition, but not firearms,
are not aware of the requirement that they be licensed by the City.
• After review of the issues related to clarity, enforceability and the intent of the City Council as
expressed in its adoption of the 1995 amendments, the Planning Commission recommends
alternative amendments that:
i. Define gun shops as all businesses in which there is the sale, lease, trade or other transfer of
firearms by firearms dealezs. The sale of ammunition would be removed from the def�nition.
Exempted from the definition would be: (1) businesses engaged solely in the cleaning, repair
or maintenance of firearms, (2) businesses engaged solely in processing mail order
transactions where the neither the display, inspection nor physical transfer of the firearm
occurs on or near the premises, and (3) single retail businesses which are federally licensed
and haae more than 50,000 gross square feet of floor azea for which the sale of firearms is
projected to account for less than 10 percent of its annuai gross sales.
ii Continue to restrict new gun shops to industrial zoning districts as special condition uses
with the same conditions as are currently detailed in the code.
iii Add the existing licensed gun shops located in B-3 zoning districts to the list of
nonconforming uses allowed to eapand without nonconfornung use pemuts (Sec. 62.102)
under certain conditions. This would allow, for instance, K-Mart to add a garden center or
Joe's Sporting Goods to build an addition without requiring them to get a pernut for an
eniargement of a non-confomung use.
1
a, -�cs
Introduction
City Council Resolution 00-131, adopted on February 9, Z000, d'uected the Plauving Comrnission to
study a series of proposed amendments to the Zoning Code related to gun shops and to prepare for
the Council a report and recommendation on those amendments. To protect the status quo during
the study period, a twelve month moratorium on the issuance of pernuts or licenses for gun shops was
adopted on Mazch S, 2000, was published on March 28, 2000 and became effective on April 27,
2000.
History and Current Status
Zoning Code
Until 1995, gun shops were not specifically listed in the Zoning Code, but were first pemutted in B-2
zoning districts as retail businesses. Amendments adopted in 1995 added a definition ofgun shop and
provided that they would be first aliowed as special condition uses in the I-I district.
The definition is as follows:
Gun shop. A gun shop is a business of any size occupied by a firearms dealer where: (a) a
majoriry of the gross floor azea is devoted to display and sales of firearms, ammunition, or both;
or (b) one thousand two hundred (1,200) square feet or more of floor area are devoted to display
and sales of firearms, ammunition, or both; provided, however, that a business shall not be
deemed a gun shop if during themonths of September, October and November, onethousandtwo
hundred (1,200) square feet or more of floor area are devoted to display and sales of firearms,
ammunition, or both; or (c) a majority of the annual gross sales of the business is derived from
the sale of fireanns and ammunition.
A,frearms dealer is a person who is federally licensed to sell firearms.
Among the conditions listed for gun shops in the I-1 district are that they:
a. Be one thousand (1,000) radial feet from any residentially zoned property and from any
"protected use" as defined in Section 60.614 of the Zoning Code; and
b. Meet the required firearms dealers security standards outlined in Minnesota Statutes.
All special condition uses aze subject to general standazds relating to compliance with city plans,
traffic circulation, neighborhood chasacter, and the orderly development of sunounding property.
As defined in the Code, there are currently no gun shops in the City of Saint Paul.
Licenszng Requirements
Citv of 3aint Pau1
In addition to the provisions in the Zoning Code, the City's Legislative Code requlres:
No person shall engage in the business of selling or dealing in firearms or ammunition in Saint
Paul without first obtaining a license to do so from the city council.
K:\Shazed�Ped�I-IOMANS1Gun shop zoning�studyfinal.wpd
a1- �SS
As of October 24, 2Q00, there were five City-licensed firearms dealers in Saint Paul:
K-mart 245 East Maryland
K-mart 1450 University Avenue West
East Side Gun Shop 935 Arcade
Don's Gun Finishing 1821 University Avenue West
Joe's Sporting Goods 935 Dale Street North
It appears likely that the sale ofammunition without City license is quite widespread. Bait shops and
various gas stationslconvenience stores, for instance, are likely to sell ammunition related to hunting
and haue not applied for City licensure. Retailers are probably not aware of the City's licensing
requirement inasmuch as the BATF no longer requires licensure for the sale of acmnunition and it is
the federallicensing process that often infomis retailers ofthe local requirements. The BATF, rather,
enforces the two pmvisions in the Iaw that set age limits on the sale or transfer of ammunition (18
yeats oid for long gun amuiunition and 21 years old for handgun acmnunition) and make it a crime
to sell or othenuise transfer ammunition to anyone that the seller has reason to believe is prohibited
from having it (e.g. felons).
Bureau of Alcohol. Tobacco and Firearms BATF�
The Bureau of Alcohol, Tobacco and Firearms (BATF) reports that there are 22 federally-licensed
firearms dealers in Saint Paui. The difference between the BA'TF's and the City's list can be
accounted for by small home- and office-based repair businesses, businesses that specialize in selling
firearms to other licensed dealers over the Internet and through the mail, and four pawn shops. The
complete inventory is attached.
Trends
The BATF indicates that the reduction in the number of firearms dealers in the city is consistent with
a national trend and is likely related to: (1) higher first-time license and license renewal fees; (2)
vigorous efforts by the BATF to ensure compliance with local zoning iaws that prohibit the sale of
firearms as home occupations etc; and (3) tighter federal requirements an the sale, transfer or lease
of firearms by licensed dealers.
Pro�osed Amendments
The amendments referred to the Commission propose to do four things:
(1) Change the basis for calculating the percentage of floor area devoted to the display and sale
of firearms and ammunition from "gross floor area" to "display and sales floor area."
(2) Reduce the thresholds at which an establishment is classified as a gun shop from:
a. 51 to 25 percent of floor area devoted to the display or sale of guns andlor aznmunition;
b. 1200 to 600 square feet of floor area devoted to the display or sale of guns andlor
ammunition; or
c. 51°/a to 25% of sales attributable to the sale of guns and/or ammunition.
(3) Change the method of calculating sales from annual gross sales to annual gross sales
calculated on a month-to-month rolling average.
(4) Add a condition to be met by those applying for a special condition use pernut that they
report on their sales after each quarter.
K:VShazedlPed�F30MANS1Gun shop zoning\studyfinal.wpd
Ol-'�pS
Specifically, the proposed amendments aze as follows:
Gun shon. A gun shop is a business of any size occupied by a fireanns dealer where: (a) a
m�}aritq twentv-five �251 percent of the grass dispiay and sales floor area is devoted to display
and sales of firearms, azmnunition, or both; or (b) anetkausand-twe six hundred (-�z@A 600
square feet or more of floor area are devoted to display and sales of firearms, ammunition, or
both; provided, however, that a business shall not be deemed a gun shop if during the months of
September, October and November, anethausand-twa six hundred (i-286-600) square feet or
more of floor area are devoted to display and sales of fireanns, ammunition, or both; or (c) a
maj�tg twenty-five j25� percent of the annual gross sales ofthe business calculated on a month
to month rollin�avera�e, is derived from the sale of firearms and ammunition.
Section 60.614 (12) ofthe Zoning Code (relating to principal uses pernutted subject to special
conditions) be amended to read as follows:
c. A summarv of sales for the nurpose of demonstratina comnliance with the definition of"eun
shop" in Section 60.207 G shall be submitted to the Office of Licensing, Inspection and
Environmental Protection, in a form an�roved by the Deoartment. each quarter for the three
precedine months. The reports sha11 be submitted bv the 15�` of the month after the end of each
u� arter-
Issues Raised
(1) Measuring Floor Area. The term "gross floor area" is cunently used when addressing square
footage requirements for a gun shop. The proposed amendments would use "display and sales
area" as the basis for evaluating the proportion of a retail establishment being used for the sale
of a ns and/or ammunition.
Discussion: Those proposing the amendment feel that LIEP's interpretation of"gross floor area"
is too expansive inasmuch as it included storage areas and restrooms. They are probably not
aware that "gross floor area" (the term used in the code) is specifically defined in the zoning code
as:
Floor area, gross. The sum of the horizontal areas of each floor of a building, measured from
the exterior faces of the e�erior walis or from the centerline of walis sepazating two (2)
buildings. The gross floor area measurement is exclusive of areas of unfinished basements,
unfinished cellazs, unfinished atCics, attached gazages, space used for off-street parking or
loading, breezeways, enclosed and unenciosed porches and accessory structures.
Rather than creating a new definition of "display and sales floor azea," reducing the basis for
calculating a percentage of floor area devoted to the display and sale of firearms andfor
ammunition would be done more effectively by using the term "usable floor area," already defined
in the zoning code as:
Floor area, usable. That area used for or intended to be used for the sale of inerchandise or
services, or for use to serve patrons, clients or customers and all that area devoted to
employee workspace. Such floor area which is used or intended to be used principally for the
K:\SharedlPedIHOMANS1Gun shop zoning\studyfmal.wpd 4
O l—�•CS
storage of inerchandise, hallways, elevator or stair bulkheads or for utilities or sanitary
facilities shall be excluded from this computation of "usable floor area." Measurement of
usable floor area shall be the horizontal areas of the several floors of the building, measured
from the ea�terior faces to the eJCterior wa11s.
(2) Reducing the Thresholds. The amendments propose to lower the thresholds at which an
establishment that sells fireazms andlor ammunition becomes gun shop under the provisions of
the Zoning Code in two ways: by reducing the amount of floor area that can be devoted to display
and sales and reducing the revenue that may come from the sale of 6rearms andlor ammunition.
Discussion: This is the central policy issue related to these proposed amendments and the effects
would be as follows:
a. More e�sting City-licensed firearms dealers would be ciassified as gun shops and—because
they are located in B-3 zoning districts--would become legally non-confornung uses, subject
to the Code's provisions related to changes, expansions and re-establishments of non-
conforming uses.
b. Because the defuution ls based on the square footage ofthe sales area and sales revenues, any
expansion of either wouid precipitate the requirement that the owner appiy for an expansion
of a non-confornring use permit.
c. In deternuning whether a proposed new facility is a gun shop, a floor plan could be easily used
to deternrine whethet it would exceed the 600 squaze foot or 25% of usable floor area
thresholds. More difficult to deternune would be whether the 25% of sales threshold will be
exceeded.
d. For e�sting facilities that are deternuned not to be gun shops and, therefore, legally locate
in any commercial district, the question will azise as to what should be done if; in any given
year, the percent of their sales that can be attributed to guns and ammunition exceeds 2S%.
(3) Calculating Sales. The amendments propose to rede$ne how sales revenues are computed for
the purpose of defining a gun shop. The Code currently bases its definition on a percentage of
annual gtoss sales. This, potentially, opens a loop hole allowing firearms dealers who, by the end
of the year, haue sold "too many" fireanns to sell non-gun items to inflate non-gun sales and
affect the gross annual sales percentage. These dealers could then liberally accept the retwn of
these non-gun items at the beginning of the calender yeaz.
If amended, the Code would require that annual gross sales be computed as a month-to-month
rolling average—effectively for any tweive month period. The application for licensure or license
renewai would be amended to require that—in addition to a floor plan--monthly sales data (total
sales and sales of firearms and ammunition) be provided, LIEP staff would then be able to
caiculate the percentage of annual sales on a monthly basis.
Discussion: The question before the City Council is one of whether the more detailed reporting
requirements are justified by greater clarity and enforceability of the code. Again, the issue is
more cumbersome in light of the fact that it will only be related to those seelang renewal of
firearms licenses or responding to a complaint since new licensee will not haue sales data to
evaluate. The City will then be faced with the question of what to do when an e�sting retailer's
K:\Shazed�Ped�HOA3ANS\Gun shop zoning�studyfinal.wpd 5
a �-yrs
data reflect—for one or more months—that more than 25 percent of hisfher sales is attzibutable to
firearms and ammunition.
{4) Reporting Requirements as Conditions. The proposed amendments would add a condition to a
special condition use permit requiring quarterly reporting of sales.
Discussion: This amendment does not have the results anticipated by those proposing it inasmuch
it would affect only those establishments that have already been detemvned to be gun shops under
the provisions of the Code and received a special condition use pernrit. It would not result in
identifying additionai gun shops or precipitating enforcement action against an estabiishment
trying to avoid designarion as a gun shop.
The routine reporting mechanism anticipated by the authors of the proposed amendments would
be more effective if it is tied to the appiication for the renewal of a firearms license. (See
discussion above.)
(5) Plarnzing Commission: If these amendments are adopted by the City Council, the Planning
Commission would propose an amendment to clarify the exemption currently in the definition of
gun shop that excludes those establishments that exceed the minimum gross floor area during the
months of September, October and November. It is cleazly the intent of the language that those
exempted should be those that exceed the minimum levels only in September, October and
November.
In addition, staff would propose that the language in the definition of gun shops related to floor
area or gross sales include the phrase 25 percent or more.
Planning Commission Proposed Alternative
Acknowledging the market trends related to the retail sale of fireanns and recognizing the
enforcement issues presented by the proposed amendments before the City Council, the Planning
Commission proposes the following altemative provisions for City Council consideration:
1. Define gun shops as all businesses within which there is the sale, lease, trade or other transfer of
firearmsbyfederally-licensed fireanns dealers on awholesale or retailbasis. (Remove ammunition
from the definition.) Exempted from the definition would be federally-licensed businesses
engaged solely in the cleaning or repair of firearms, federaliy-licensed businesses engaged solely
in processing mail-order or on-line transactions where neither the display, inspection nor physical
transfer of the firearms occurs on or near the premises, and federally-licensed single retaii
businesses with more than 50,000 gross quare feet of floor azea for which the sale of fu is
projected to account for less than 10 percent of its annual gross sales.
2. Continue to restrict new gun shops to industrial zoning districts as special condition uses with the
same conditions as are currently detailed in the code.
3. Add the existing licensed gun shops located in commercial zoning districts to the list of
nonconfornung uses allowed to expand without nonconforming use pemuts (Sec. 62.102) under
the following circumstances: (1) the amount of floor are devoted to the display and sale of
K:1Shared�Ped1HOMANS1Gun shop zoning�studyfinal.wpd 6
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firearms in not increased; and (2) any new public entrance is not located within one thousand
(1,000) radial feet of a protected use as defined in Section 60.614 ofthe Zoning Code. This
would allow, for instance, K-Mart to add a garden center or Joe's Sporting Goods to build an
addition without requiring them to get a pemut for an eniargement of a non-conforming use.
A draft ordinance reflecting these proposed amendments is attached to this report.
Discussion. There would be four impacts of this change:
There wou]d be no ambiguity about whether an existing or proposed business is a gun shop.
Except as provided for in the three exceptions outlined in the defixrition, wherever firearms are—or
are proposed to be--sold, leased, traded or otherwise transfened on a wholesale or retail basis
would be a gun shop, regardless ofthe size ofthe display area or the percent of sales attributable
to fireazms in any given month.
2. All of the er.isting City-licensed fireazms dealers would become legally non-conforming gun
shops, but would be exempted, under most circumstances, from requirements that they apply for
a pernut to enlarge a nonconfomung use if and when they should want to e�cpand the size of their
building for purposes other than the sale of firearms.
The sale of ammunition would not be included in a definition of a gun shop. This would eliminate
the apparent cunent "disconnecY' between the code and its enforcement and not impose on
dozens of sma11 retailers who seasonally stock ammunition for hunters a new series of regulations.
4. Should the City's licensing provisions be successfully challenged, the zoning provisions would
be suflicient to effectively regulate the establishment of new facilities.
Attachments:
Attachment A- Federally Licensed Fireazms Dealers in Saint Paul
Attachment B - DraB Ordinance
Attachxnent C- City Council Resolution Referring Proposed Amendments to the Planning
Commission for Study and Report
Attachment D- City Council Moratorium
K\Shared�Ped1HOMANS1Gun shop zon+nolstudyfutal.wpd
o ti -y�s
Attachment A: Federally Licensed Firearms Dealers in Saiut Paul
Federally Licensed City License Comment
Firearms Deaiers (1-2-01)
East Side Gun Shop City-licensed firearms dealer
935 Arcade
Joe's Sporting Goods City-licensed fireanns dealer
935 North Dale
K-Mart City-licensed fireanns dealer
245 East Maryland
K-Mart City-licensed fireanns dealer
1450 University Avenue
Don's Gun Finishing City-licensed firearms dealer
1821 University Avenue
American Pawn Shop City-licensed pawn shop
189 East 7�' Street
Lincoln Pawn and 7ewelry City-licensed pawn shop
1675 White Bear Avenue
l O Street Paul City-licensed pawn shop
136 10�` Street
JJ Jewelers & Pawn Broker City-licensed pawn shop
6 Licenses- Varied addresses Home-based repairlpernutted
home occupation
4 Licenses - Varied addresses Home-based Internet sales
with delivery by mail to
licensed dealers or sale at gun
shows
Mid-States Distributing
548 South Snelling
Dc a�
21 s on�o
Paui Burke
1746 Rome Avenue
K4SharedlPed�EIOMANS1Gun shop zoninglshuiyfmal.wpd 8
Attackssnent B: Dra£t Ordiaaace Council Fi1e #
Ordinance #
Green Sheet #
ORDINANGE
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
ORDIMANCE ADOPTING ZOMING OR
RELATED TO GUN
WHEREAS, the Pianning Commission has made a survey
Saint Paul, for the purpose of considering amendments to
determined that the number of real estate descriptions beii
render obtaining written consent impractical; and
WHEREAS, the Planning Commission, following a pubiic
recommended, on April 13, 2001, that the Zoning Ordinal
considered the report and recommendations of the R3;�
hearing on the proposed Zoning Ordinance ame �ri't`s
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pursuant to the authority granted by and in acc w
462.357; ;;:<:� r_:
The Council of the City of Saint Paul
The the Counci� of��,��1 does
the definition ''''., . , #aoq in �efi���4.20i
the
the
has
would
of
��purpose on March 15, 2001,
`� �'�tie City Council, having
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�d:�iaving conducted a pubiic
tid the Zoning Ordinance
set forth in Minnesota Statutes
u„��tiend the Saint Paul Zoning Ordinance by amending
Saint Paul Legisfative Code as follows:
Requested by Department of:
Plannina & Economic Development
�
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
By:
Approved by Mayor:
Date
By:
Approved by Mayor for Submission to
Council
Form Approved by City Attorney
By:
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SECTION
The the Council of the City of Saint Paul does hereby ame
amending provisions relating to nonconforming uses of str
Section 62.102(� of the Saint Paul Legislative Code as fol
structures and
in
This ordinance shall take effect
public -"
from and after its passage, approval and
ATTACHMENT C
Presented By
Refeaed To
Committee: Date
Z WHEREAS, the Council of the City of Saint Paul, pursuant to Minn. Stat. § 462357,
3 Subd. 4, proposes to amend certain sections of the Saint Paul L.egislauve Code: NOW,
4 TF�REFORE, BE IT
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6 RESOLVED, that the following amendments to Saint Paul Legislative Code § 60.207.G
7 be refeaed to the Saint Paul Planning Commission for study and report:
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RES�LUTION
CITY OF SAINT PAUL, MiNNESOTA
�y 1
Gteen Sheet # (/�3�
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Gun shop. A gun shop is a business of any size occupied by a fireanns dealer
where: (a) a-nqajeri� twentv-five 1251 percent of the gress displav and sales floor
azea is devoted to display and sales of firearms, ammunition, or both; or (b}etie
�xe�s�a six hundred (�,-?89 600) squaze feet or more of floor area aze
devoted to display and sales of firearms, ammunition, or both; provided, however,
that a business shail not be deemed a gun shop lf during the months of September,
October and November, ---- `��twe six hundred (�;2@@ 600) squaze feet or
more of floor area aze devoted to display and sales of firearms, ammunition, or
both; or (c)-a-majari�y twentv-five (25) percent of the annual gross sales of the
business, calculated on a month to month rolling average is derived from the sale
of firearms and ammunition.
2. AND, BE IT FURTf�R RESOLVED, that the following amendment to Saint Paul
3 Legislative Code § 60.614(12)(c)be refeaed to the Saint Paul Planning Commission for study
4 and report: O i—�$.S
' 6 c. A summarv of sales for the nurposes of demonstratin¢ compliance with
? the defuution of a�un shon as set forth in section 60 207 G of this chapter shall
8 be submitted to the department of licence inspections and environmental
9 protection, in a form approved b�the departrnent each quarter for the three
10 precedina months. The reports shall be submitted bv the 15`" of the month after
i l ihe end of each quarter.
Reguested bv IIeoartment o£�
Fo�m Aonroved bv Citv Attoxnev
Adontion Certified bv Council 5 cretarv �poroved bv Mavor for Submission to Counci�
A�nroved bv Mavor� Date
Adooted bv Council: Date
ATTACHMENT D
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refesed To
Committee Date :
2 An interim ordinance enacted pursuant to Minnesota Statutes §
3 462.355, Subd. 4. preserving the status quo with respect to the use
4 of property within the City of Saint Paul pending the completion of
5 studies of possible amendments to Saint Paul Legislative Code §§
b 60.207.G and 60.614(12) relating to gun shops.
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Council File # ee � t s�.
Ordinance #
Green Sheet � � �� � 3
a9
THE COUNCIL OF THE CITY O� SA.INT PAUL DOES ORDAIN:
Section 1
The Saint Paul City Council, in Council File 00-131, refened proposed amendments to
Saint Paul Legislative Code §§ 60.207.G and 60.614(12) to the Pluuiiug Commission and
requested, pursuant to Minn. Stat. § 462.355, Subd. 3, that the Plaiuiing Cammission study the
proposed amendments and submit a report and recommendation to the Council.
Section 2
Pending any report and recommendation from the Planning Cottunission and for the
purposes of prohibiting the establishment of any "gunshop" an any zoning district within the City
of Saint Paul and until such time as a report and recommendauon has been completed and the
City Council has taken action on any recommendations contained therein, or has requested and
received additional information, no pernut or license for the establishment of any gun shop sha11
be assued or approved by the City, its officers, employees, agents ar commissions. The
prohibition is enacted far the purposes of protecting the City's planning process and the health,
welfaze and safety of its citizens in addition to the other purposes expressed herein or in an
accompanying resolution.
Section 3
For a period of time not to exceed 12 months from the effective date of this interim
ordinance, and for the putposes of prohibiting any development that might be inconsistent with
the pending study and any amendments to the City's comprehensive plan or zoning regulations,
the prohibitions herein shall continue in full force until a comprehensive policy for the City
relating to the above-described uses can be adopted. In the event the studies and
recommendations of the Planning Commission and the deliberations of the City Council require
additional time, these prohibitions may be extended, by sepazate action of the City Council, for
FU6L{SHEb
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additional periods of tnne not to exceed an addifional 18 months as allowed by Minn. Stat. §
462.355, Subd. 4.
Section 4
o �-�t8�
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This ordinauce shall take effect and be in force tharty (30) days from and after its passage,
approval and publicarion.
Reguested by Department of:
Hy:
Foxm Appro d Sy City Attozney
$ ���L✓�a.,�ra Zl�cicv
Adoption Certified by Councll Secretary
By: \ \-_ c� `'�.v-��C..� _-��___
Approved by Mayor: Date
Approved by Mayor for Submission to Council
ay:
Pl1BL45NED
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g _ <
w.,.. o.-�., ���—__,�
°� ° ���
Adopted by Conncil: Date �.�, p-p