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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 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 0 � -'{YS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 / � I � � � ' • � � • • • n i - i i a � � . . .. . .: . . . . : . . .� � . � . . .. . . . .. : ..: . . . ,_ :: :.: . : : . . . : . . : . .. :. , . . . : .. . .• . . ... . .. . :� . . . . =. .. . .. � � . . . . : .. . . . ..:.. ... . . . :: ..., . . . : . : .. . .. ., :�. 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: 9 10 11 12 13 14 15 16 17 IS 19 20 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. 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 1 2 3 4 S 6 7 8 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 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 0 � -'{YS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 / � I � � � ' • � � • • • n i - i i a � � . . .. . .: . . . . : . . .� � . � . . .. . . . .. : ..: . . . ,_ :: :.: . : : . . . : . . : . .. :. , . . . : .. . .• . . ... . .. . :� . . . . =. .. . .. � � . . . . : .. . . . ..:.. ... . . . :: ..., . . . : . : .. . .. ., :�. 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: 9 10 11 12 13 14 15 16 17 IS 19 20 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. 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 1 2 3 4 S 6 7 8 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 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 0 � -'{YS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 / � I � � � ' • � � • • • n i - i i a � � . . .. . .: . . . . : . . .� � . � . . .. . . . .. : ..: . . . ,_ :: :.: . : : . . . : . . : . .. :. , . . . : .. . .• . . ... . .. . :� . . . . =. .. . .. � � . . . . : .. . . . ..:.. ... . . . :: ..., . . . : . : .. . .. ., :�. 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: 9 10 11 12 13 14 15 16 17 IS 19 20 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. 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 1 2 3 4 S 6 7 8 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