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267527 WHITE - CITV CLERK BLUE -MAY R E GITY OF SAINT PAITL Council ������ CANARV -DEP RTMENT File N 0. r • '� O/ WZ/`f�L/`CG Ordinance NO. �1���`� ,, �> Presented By Refe red To Committee: Date Out f Committee By Date An ordinance to amend Chapter 308 of the Saint Paul Legislative Code to provide for the re-issuance of li- censes upon revocation or lapse thereof or upon death of the licensee. T COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That new Sections 308. 28 through 308.33 are hereby adopted an added to Chapter 308 of the Saint Paul Legislative Code, as fo lows: "308. 28. Issuance of Licenses--A licabilit . Sections 308.28-. o t e t. au egis a �ve Code, hereinafter'referred to as "these sections" or "such sections", app�.y only to the re-issuance of licenses under this Chapter which have reverted to the City of Saint Paul for any reason, including revocation, the death of the licensee, or lapse of the license by failure to renew. Such sections are not applicable to renewals or transfers of l�:censes. 308. 29. Special Issuance Excise Tax. (a) The Council shall condition the re-issuance of a license under sections 308.28-.33 upon payment of the special issuance excise tax in addition to all other requirements of chapter 308 and these sections. COUPiCILME Requested by Department of: Yeas ays � Butler Hozza [n Favor Hunt Levine Against BY Roedler Sylvester Tedesco Adopted by Council: Date Form App v d by City Attorn � Certified Passed by C ncil Secretary BY By Approved by Mayor: ate Approved by Mayor for Submission to Council sy By �C�O�y � ' ��"��:�"� (b) The special issuance tax shall be an amount equal to the fair market value of the license as defined in subsection (c) hereunder. (c) A license issued under Chapter 308 and these sections is a privilege accorded to the licensee to engage in the activities permitted thereunder, and is neither property nor a. property right. The phrase "fair ma.rket value" therefore means, for the purpose of these sections, the , pecuniary value customarily placed upan the con- sent of a license holder to the transfer of his license by parties to transfers of licenses, . authorized by chapter 308 and by chapter 390. The valne of such a consent necessarily does not � � include rea� property, fixtures, �quipment, in- � ventory� gDO+�.;:ws��, c�_.a� ��h:�r a�rge�s. (d) Such fai.r market value, as defined in subsectio�t (c), shall be determined by motion agreed to by a majority of the members of the Council after taking testimony at public hearing held before the receipt of any applications. Such value may be established by testimony of the License Inspector regarding recent license transfers, and shall be the value as reasonably may be determined on or about the time of re-issuance of such license under these sections. The Council may also hear any other relevant evidenee. Notice of such public hearing shall be published once in a newspaper of �eneral circulation in the City not less than ten ; 10) days prior to such hearing. ' (e) It is the intent of the Council in adopting hese sections to gain for the citizens of the City f Saint Paul this value which is customarily placed n transfers between private parties, rather than to onfer it upon one licensee as a windfall benefit. � 2. . WHI7E - CITV CIERK COIlI1C11 ����/'� PINK - FINA �E GITY OF SAINT PALTL � CANARY - DEPA TMENT � y. � BLUE -MAVO File NO. . � ' ��' O rdin�nce Ordinance N O. �C��� Presented By Refe ed To Committee: Date Out o Committee By Date (d) The deposit of ten per cent (10%) of the special issuance excise tax shall be retained by the City until the license is awarded, after which time the deposits of the unsuccessful appli- - cants shall be refunded. In the event any applicant demands and receives back his deposit prior to the award of the license, his application shall be deemed to have been withdrawn. 308.32. Non-issuance. Nothing contained in sections 30 . - . s all obligate the City of Saint Paul, nor imply any obligation, to re-issue any licenses which have reverted to the City. The City Council ma.y, by resolution, declare that such licenses shall not be re-issued, specifying any length of time deemed advisable during which no such licenses shall be re-issued. 308.33. Council Contact Prohibited, No person may coc�aunicate wit any mem er o t e ity Council regarding any applic�tion or applicant for re-issuance of a license pursuant to these sections, unless such - communication is ma.de during the course of a public hearing before the Council or License Committee held pursuant to these sections. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. COUNCILME Requested by Department of: Yeas ays � Butler Hezz�-" In Favor Hunt /+� Levine �J Against By $eet�e[' Sylvester Tedesco Adopted by Co . Date ,JUL 2;� t97(� Form Approved by City Attorney Certif' asse �Co ncil Secretary BY . Approve Mayor: t ���. 3 0 1976 Approved by Mayor for Submission to Council By By ��y t ����`�� 308.30. A lications. (a) The Council shall, after etercn ning t e amount of the special issuance excise tax, by motion instruct , the License Inspector to receive applications for the re-issuance of such license, specifying be- I ginning and endin dates of a period not to exceed thirty (30� days, during which such appli- cations will be received. (b) All applications shall be ma.de on such forms and containing such information as the . License Inspector ma.y r�quire, and shall be ; accompanied by an application fee of $100.00. Such application fee is in addition to the pro- portion of the s ecial issuance excise tax required , by subsection (d} of these sections, and in addition to the annual licen�e fee required by Section 30$.17. This application fee shall be xetained by the City to defr�.y its expenses hereunder whether or not tlae applicant receives a license. (c) Each application m�u.st meet all the require- � ments of law and these sections, including inspection of the premises sought to be licensed by appropr.iate officials of the Division of Housing and Building Code Enforcement, the Division of Public Health, and the Department of Fire and Safety Services. The License Inspector shall refer each application to each of the above agencies and to the Department of Police for ' their inspection and r�commendation, and shall conduct '� such other investigation of each applicant as ma.y be appropriate. When all inspections have been made and recommendations received by the License Inspector, he shall notify the Council. � (d) Each application shall be accompanied by � the deposit of a sum of money equal to ten per cent (10%) of the special iasuance excise tax, in the form of a cashier' s ch ck or certified eheck payable to the "City of Saint �aul". 3. : _ _ � . ���r�'� . � +' . 1(r�C�� .. �e) In the event either the License Ir�spector ` or one of �he agencies reportin on the applications . makes a recotrnnendation tha.t :no �icense be issued to one or more `applicants, the License Committee 'shall infoxm su�h agplicants of that- fact and. tkte . � grounds for the recommendation a�nrl provi.de them � � � with`;an oppartunity .to be heard befor�e 'the '��;tcense Corc�nittee befor� �any other action is taken on re- � , issuancE. '�"he Licer�se Committe+e shall a�ter such hearing deter�ine whose applications may 'k�e furt3�er cotisidered�, desp�te the adverse �ecosr�nentiation ma.de. If the License:-Gommittee' det�rmines that:` crp;� or `more.. ' � recommen.daCi.c� for d�ial are well-four�de�, it , .-� sh�.11 so reg��K �a the Cowa.eil �z� the .�pplic,�tions _ involved sha��. �o� �; ���l�ud� �tr� '�$�docn s�lection,, � 3Q 8.3 f. = �la+�t�t�,. (a}.' ' I7pan rece�.ai'r.�ng �he: .. , ; , re�ort frnm i:�;... c�er��; �nspectc�: th�t all the . eli��.ble ap,,��e.�'�orts �a�e. been, received i� � . _ , spe�€ed, ` and inves�i$��+��a: r�3 th.e repQ�t� i� ��n� af the Licen�e � � : ,����; Commit�ee, tl�.�. Cc�rt��.1:�sha3�- by� ,m�tion set .�a date �or �_ . f � a public �ear�ng �t, wt�.ich one applicant is to be.- ` ;� � ` :cht�.sen by random selection. �ie►1�. ap�licants ar�_ to � ` be nptified in writing>of such date. . � �� {b) 'At the public �iearing, t�he �Secretary of the .�o�xic�.l sl�al.l place the r�mes o� all eligit��le a�pplicants c�n separate, 'equal-siaed pieces of paper, undex the supervision of the Caun�ciZ. St�,h pieces . of paper shall be placed in a�� apa.que con�ainer, ' frat� �h�ciz one name �sh�tll be dra�m at random by a mber of the Council as ;d�signat.ed by.. the presi,ding - fficer of the- Council. The appliCant so se�lec�ed � ha.11 be announced, and shall be award�d the license, ; y resolution, upon payraent within forty-eight (48) ours thereafter of the remaini�g ninety per cent - . , 90�) of the speC�al- i.-ssuanc� .e�ci��e t�x. , . . .,, , . . r. .: . ,. � (c) In��th+� �vent the app l i��int�` go c3io��en f ai l s. ! o pay the remainder of the special issuance excise . ax :wi.thin fort�-eig�� �G,B). hqu�s�"'t�e ;Cio�incil sh�11 � elect at�.other ���pl�i�ant in ac�ord�:rice witli the pro- ; � � edu�'es in this s,�ctiio�. ��;: ..' . F ,. �s 4:. �...�:: . � . . - � ` , , ' . . . " � � , . . . . . . . , ... � . .� �� '� ' . . . � �9�. ; � . . . ' . . � . _. , � . ' � . . . . . .. �� ` _. . . . . . . . I. . 4. � . I . . . l, . lst 2nd �/ 3rd / � Adopted 7 Yeas Nays BUTLER . HOZZA xuNr ������ / �'"/ � LEVINE ROEDLER TEDES CO (PRESIDENT SYLVESTER)