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01-758�.,.� e. �:s �`'`��-'�� aO e t S:�.bst� �. R•�. RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # O \ — � S $' Green Sheet # t e 3 a�\ Committee: Date RESOLVED, that the Firearms License held by Edwua Timmers, Jr., d/b/a East Side Gun Shop (License ID#: 0016861) for the premises located at 935 Arcade Street in Saint Paul is hereby suspended for a period of ninety (90) days for the failure to comply with the Security Standards for Fireanns Dealers, Minnesota Rules §§7504.0100 et seq. Seventy-five (75) days of said suspension shall be stayed for a period of eighteen months on the following conditions: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1) That the Licensee shall serve the fifteen days suspension effective 12:01 a.m. on August 22, 2001 and continuing untii 11:59 p.m. on September 5, 2001. Prior to reopening, a check shall be made of the premises to insure that Licensee is in compliance with all of the requirements for Safety Standards set forth in the Minnesota Rules. 2) That the Licensee shall remain in compliance with the Rules, and have no violations of any local, state or federal laws, rules or regulations relating to his business in that eighteen months. That the Licensee shall pay a fine of $2,000, said fine to be payable within thirty days of the passage and approvai of this Resolution. 3) That Licensee shall replace his wooden front door with a steel security door which complies with Minn. Rule 7504.0300 B,. even if he elects to comply with the requirements of §7504.020Q A through D. 4) That during the period of brinQine the 2 3 4 This Resolution is based upon the facts set forth in the Notice of Violation dated May 4, 2001, indicating that the inspection which determined that the Licensee was not in compliance resulted from a burglary at the premises; the response of the Licensee which did not contest that he was not in compliance with the Security Standards; the fact that Licensee was still not in full compliance with the Rules as of the date of the public hearing before City Council on July 25, 2001, five months after the first inspection by the police, and such other azguments as were made at the public hearing before the Council on JulyiYf � Requested by Department of: Adopted by Council: Date \ p� Adoption Certified by Council Se etary � ' �'' �11�� i,i � �'�i'�j �' �� By: Form App itv , torney &y: Approved by Mayor for Submission to Council By: � OFFICE oF LTEP Date: GREEN SHEET Christine Razek July 3 , 2ooi 266-9108 No . 103261 � 1 PARTF]BNT DIRSClOR ITY CODNCIL �� 2 ITY A7"lORN&Y ITY CL&[2K �� ust be on Council Agenda by: '�'°� �' Dl�ac�'ox rar. � Mc;r. svc. nne. � �- P.� • 8 706t 3 YOR (OR ASSISTANT) OTAL # OF SIGNATIIR PAGL5 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending the Firearms License at East Side Gun Shop, located at 935 Arcade, for ten days for violations of Minn. Rules Sacs. 7504.0100 et seq.. COFA7@7DATIONS: APPROVE (A) OR REJECP (R) SRSOtiAL SSRVSCS CONTNACIS MUST ANSwffii T88 FOLLO➢liliG: PLFiNNING CONAfISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a coneraCt for this department? CIB CONd7ITTEE _ BUSINESS ItEVIEW COUNCIL 7BS NO STAFF _ Has this person/firm ever been a City employee? DISTRICI' COURT _ YES NO Does this personlfirm possess a skill not normally possessed by any UPPORTS P7HICFi COUNCIL OB�TECTIV&? Current City employee? YES NO laia all YBS answera oa a aeparate aheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Edwin Timmers, d.b.a. East Side Gun Shop, violated the Security Standards for Firearms Dealers, Minn. Rules Sacs. 7504.�100 et seq.. This resolution will suspend Mr. Timmers license for ten days. ��S�avCh��ggt C«�unG VANTAGES IF APPROVED: �� ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION S CQST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � ORIG{NAL Council File # � 1 � �S� Green Sheet# � O',3�,�i t RESOLUTION �ITY OF SAINT PAUL, MINNESOTA Presented By Referred To RESOLVED, that the Firearxns License held by Edwin Timmer , Jr. d/b/a East Side Gun Shop (license ID No. 0016861), for the premises located at 935 Arca e Street in Saint Paui be suspended for a period of ten days for violations of the Security St dards for Firearms Dealers, Minn. Rules §§7504.0100 et seq.. Said suspension to be stayed r a period of eighteen months on the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1) that Licensee show proof that the premises are ently in compiiance with the Security Standards set forth in the Minnesota Ru s witYain one week from the passage and approval of this resolution; 2) that the Licensee have no further or locallaws, rules or regulations re is of the Rules, or violations of federal, state his business; and 3) that the Licensee pay a fine of passage and approval of this Resc Committee: Date said fine to be payable within thirty days of the This Resolution is based upon e facts set forth in the Notice of Violation dated May 4, 2001, the response of the Licensee da d May 15, 2001 and such arguments as were made at the public hearing before the Council o July 11, 2001. 3�1 Adopted by Council: Date Adoption Certified by Council Secretary By' Approved by Mayor: Date Requested by Department of: By: � � � � Form Approved by City By: Approved by �nayor £ox to Council By: By: CITY OF SAINT PAUL Narm Colenrnrs, Mn}'or July 3, 2001 Y Edwin Timmers, Jr. East Side Gun Shop 935 Arcade Street Saint Paul, Minnesota 55106 OFFICE OF THE CITY ATTORNEY �/ Clnyton M. Robixsors, Jc, Ciry Attorney� Q,'Sj Civil Division 400 Ciq� Hall 7'e[ephone: 651 266-87l0 ISWutKelloggBlvd. Facsimile:6�11985619 Saint Pmd, Minrsesota ii102 NOTICE OF COUNCIL HEARING RE: Firearms License held by Edwin Timmers, Jr. d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul License ID #: 16861 Dear Mr. Timmers: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, July 11, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to be in compliance with the security standards for firearxns dealers have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. If you have any questions, please call me at 266-8710. Very truly yours, � `� � (), � , �� ,E \ l,"�r.('.v�-c� L ( "-�" �'�J I Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 o i-�sY UNCONTESTED LICENSE HEARING Licensee Name; Edwin Timmers, Jr. d/b/a East Side Gun Shop Address: 935 Arcade Street Councii Nearing �ate: July 11, 2001 Violation: Non-compliance with Security Standards for Firearms Dealers Minn. Rules §§7504.0100 et seq. Date of Violation: Place: February 2, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten (10) Day Suspension of Firearms License, stayed for 18 months on conditions: (1) show proof premises are currently in compliance within one week from passage of resolution, (2) no further viotations, (3) pay $2,000.00 fine. Attachments: 1. Proposed resolution 2. 5/15/09 letter from licensee 3. Notice of Violation 4. License information 5. Minn. Rules §§7504.U100 MRY-15-01 12:a7 PM EAST-SIDE-GVN.SHOP 612 7719776 _ P_01 Q��S� j , ;� S� � �/, '. o o / y,,,, � �9d s6�f `a'�' �� P, d.tl"oti.�v� ,� ��- �",� ��.,.. . .�,�.�- �- � � y�-�^ �.�ti -� � �- ,�- �- � �hi a� �- i1,Z'L �-e o � , ' y ,«.n.,l.P .��,a- �i.h..4I� .�� f �` A, �,�� .G.�� ,�- ,e�;-�'�, c�' c°�"�,�G �� d � 8 i 0 � ��'�� MRY-15-2001 13�20 612 7719?76 96i P.01 OFFICE OF THE CITY ATTORNEY Cla}ton M. Robirsson, lr., Ciry' Attorney O� �S � CITY OF SAINT PAUL Norm Colemnn, �Lfayor May 4, 2001 Edward Timmers, Jr. ,, East Side Gun Shop 935 Arcade Street Saint Paul, Minnesota 55106 Civil Drvisiors 400 Ci[}' Hnll 1 S N'est Kellogg Bh•d. Snint Pa�d, Minnuo(n 5510? NOTICE OF VIOLATION Telephone: 651 266-87J 0 Fncsimi(e: 6i I 298-i6l9 RE: Firearms License held by Edward Timmers, Jr. d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul License ID #: 16861 Dear Mr. Timmers: The Office of License Inspections and Environmental Protection has recommended adverse action against the firearms license held by you d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul. The basis for the recommendation is as follows: On February 2, 2001, a Saint Paul Police Officer inspected your business for compliance with the Security Standards for Firearms Dealers, Minn. Rules §§7504.0100 et seq. The inspection was in response to information by police officers responding to a robbery at your store premises on February 14, 2001 that you did not appear to be in compliauce with the security requirements. On inspection, Officer Laurence observed violations of §7504.0300.A, which requires vehicle-resistant barriers to prevent the penetration of the dealer's place of business by a mofor vehicle; §7504.0300.B, in fhat your outer fronf door is made of wood, without the metal grate permitted by subdivision (3); §7504.0300.C., as your windows are not covered with steel bars anchored internally to the wall joint; and §7504.0300.D., in that the room in which the pistols are stored after hours is not secured with a locked steel door or metal grating. Additionally, the security system does not comply with the requirements of §7504.0400. Page 2 Edward Timmers, Jr. May4, 2001 C7 ('�� ff you do not dispute the above facts, please send me a letter admitting that they are true. The matter will then be scheduled for a hearing before the Saint Paul City Council to determine what penalty, if any, is appropriate. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Wednesday, May 16, 2001, how you wish to proceed. If you have not contacted me by Wednesday, May 16, 2001, I will assume that you are not contesting that the license fees have not been paid. I will then schedule this matter for a hearing before the St. Paul City Council. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 �.—_ � � o�-1Sg" STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 4, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an-envelope addressed as follows: Edward Timmers, Jr. East Side Gun Shop 935 Arcade Street St. Paul, MN. 55106 (which is the last known address of said person) same, with postage prepaid, in the L Minnesota. Subscribed and sworn to before me this 4th day of. 2001. `- /^ ,''�--- � ;" ?�'''`� s +� i i L� � % � 7�: �" _ �� Notary Public PETER P. PANGBORN � MY COMMISSIO S07A � EXPSRESIAN. and depositing the a�-"�Sd' � � 0 x M W � y O M � N y U � A J N a v 0 � O a d � c 0 .� E 'o c d N C d U J y 3 N � � a�i > V U � Q N N Q � y c E m � U � J LL � 0 0 N � W � � � Z a� . � y � U � J � a N � H � W y � N a .a U � a ¢ao M � rn � a O 2 � Z � N C� m W Z � m � � Q W K � � �w � N � Z F c o? � ❑ W �U C 3 O U i N � o N N � a X W C � � E � Z U O d U C m � C d E m Z c m n � 0 U � U c m � N C � N s � � Z N c � O � L � d w o:� w � a� � c �., mlc�0 ❑ � im � IH I� M H � W O Q U � Q � c`� m N C O � C O U ti C N E E 0 U m� �¢ T N w(� Q a��y�� C C N � � O o �p � � N N � � � �a � O N � N �r N � (6 C O� �p V- O V ~ � O N -- y 'u- °� Z � oQ� �� y U Q � N G c6 O t L � N U' C � M � - � O C� �` t� a oi1�'� ma UN � o o C7a� �c�i>>a xSm o �� ma�°c° � ' °'�L��o�Ea '" o Cn a Q � o � °- o�o W � O � EO U�?` rn � �v�co ° �Q��' O.� OOL �- � V Ln C ln � tn O N O (6 �O 30LLCp � 0 t-1S�' 3ss 3 � 9 been nder mted ction 1000. : the lified i 2, if zsota ation ment C�iAPTER 7504 DEPARTMENT OF PUBLIC SAFETY F'TREARMS DEALERS; SECURITY STANDARDS Ti0YAl00 DEF[NCilORS. 7jp¢.p2p0 SECURRY ME°.5[:AES FOR S.�dALL EIREARyiS DEACERS. 75PM1.0300 �R�� p�cR� FOftLARGE ]5pt.pvpD ELECIRO`.1C SENRITY FOR ALL Ff{LFTR.�tS DEALERS. 7j06.0500 INSPECTIO� BY LAW E?FORCE}tE?l'. fi0a.0600 FXE�tPTf0�5. �soa.oioo nEFCrn'rioxs. Subpart 1. Scope. For purposes of this chapter, the terms in subparts Z[0 6 have the meanings �iven them. Subp. 2. Firearms dealer. "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistals are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following: A. a building located on property that is zoned commercial; B. a business location where the square foota;e used for the business of selling firearms exceeds thz square foota�e used for the dealer's residence; or C. a buildin� located on the same property as the dealer's home that is not attached to the dealer's home. Subp. 3. Small firearms dealer. "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time. Subp. 4. Large firearms dealer. "Large firearms dealer" means a firearms dealer who operates a retail business at which more than �0 pistols are displayed for sale at any time. Subp. 5. Pistol. "Pistol" includes a weapon designed to be fired by the use of a sin�le hand and with an overall length less than 26 inches, or having a bacxeI or barrels of a length iess than 18 inches in the case of a shotgun or having a barrel of a len�th less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more soLid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejectino a shot measuring 18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun or naIl �un used in the construcpon industry, or children's pop guns or toys. Subp. 6. Displayed for sale. "Displayed for sale" mzans a pistol available for sale to customers that is either disp[ayed or stored at ihe dealer's place of business. This does not include pistols temporarily stored a[ the place of business for repair or servicing. Statutory Authority: iLIS s 62�1J161 History: 18 SR 94d 7504.0200 SECURITY bIE 1SLRES FOR S�IALL FIRE.�RbIS DEALERS. After business hours when the dealer's place of businzss is unattended, a small fcrearms dealer shal! place all pistols that are located in the dealer's place of business in a locked safe or locked steel �un cabinet, or on a locked, hardened stzel rod or cable that mns through the pis[ols trie_er ouards. A. The door ro a safe must be recessed or flush and made of at least szven �au�e stezl. The body of a safe must be made of hot rolled steel of at least 12 gzuae �504.0200 FIREARMS DEALERS; SECURI'IS' STANDARDS [�I.T17 thickness. A safe must have an Undenvriters Laboratory (UL) listed Group 2 combina- tion tock. B. A rod or cable used to secure a pistol must be hazdeaed steel. The rod or cab2e must be at least one-fourth inch in diameter. The rod or cable musc be sec�cred with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter. C. No more than five pistols may be affixed to any one rod or cable. D. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the presuses. E. The door "to a gun cabinet must be made of a[ least 14 gauge steei. The I door may be reeessed, flush, or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are ]ocated either inside or outside the body. If t�e hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or moveable locking pins securing the ' door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot roiled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid strucmre. A gun cabinet must have either a LTL-listed �roup two combination lock or a UL-listed key lock that is encased in a high security, driii-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source. ii �. , k� h ii Scatutory Authority: MS s 624.7161 HisYoty:18 SR 944 7504.0300 SECURIT'Y MEASURES FOR LARGE FITtEAPu�IS DEA LERS. A targe firearms deater shail compty with the requirements of items A ro H or the requirements of part 7504.0200, items A to D, except that a large firearnu dealer shall not use a gun cabinei. A. The dealer shali install vehicle-resistant barriers to prevent the penetraUon of the dealer's piace of business by a motor vehicle. The bazriers must protut any areas that are accessible to vehicles and that have a free mn distance of 50 feet or more. B. The dealer shall secure each perimeter doonvay according to subitem (1), (2}, or (3). _ (1) The dealer may ase a windowless steel security door equipped with both a dead bolt and a doorknob lock,- (2) The dealer may use a windowed metal door that is equipped with both a dead bolt and a doorknob Iock. The window must be made of one-half inch polycarbonate or glass reinforced with metal mesh. If the window has an opening of five inches or more measared in any direcuon, then the window must be covered with steel bars or metal grating affixed to the interior of the door. (3) The dealer may use a metal grate that is padlocked and affrxed to the premises independent of the door and door frame. C. A dealer shall cover a11 windows with steel bars that are anchored internally to the wall joists. D. A dealer shall sec¢re a room where pistols are stored after hours with a locked steel door or metal gratin�. E. A dealer shall not display pistols within four feet of a window unless the window is covered by metat screen that is anchored internalIy to the wall joists. F. A dealer shall secnre heatiag, ventIlating, a'u conditioning, and sen�ice openings with steel bazs, metal grating, or an alarm system as described in part 7504.04D0. G. A dealer shatl iIIuminate each perimeter dooiway so that the doorway is clearly visible after dark from a distance of 100 fee� d�_�Jr 36] H. Mei along an}• diaao alon� anq diae< Staiutorv A History: IS 7504.0400 ELE( A firearms meets [he requii A. The when triggered. B. The must be trans:r available. If nc service, the siL approved monL within two min- C. A transmits the = D. TI are hardened banier, The ii� an audible ala� E. 'I points, includL aad service e� F. 'I` azeas and ala� G. '� storage areas— H.� I.� comply with system insta� manufacture� local law enf� Statuto� Historv- 7504.0500 I� - A firea— meni offici� with this c� notice of a� Stafut� Histor� 7504.0600 � Upon shall grant following c � exempt; o t -�S P 360 ombina- � rod or secured n attack vent its �el. The it must �tside of by one side the iave an ring the iet must inuousiy Z-listed ;ecurity, only be S or the fer shall etration ry areas r more. -�� (z), �d with �d with alf inch ning of ed with i to the !chwed with a ess the joists. seroice to part nvay is 361 FIREAR�rIS DEALERS; SECURITY STA:tiDARDS 7504.0600 H. Metal grates and grating must have spaces no larger than six inches wide alon� any diagonal. Metal screen mus[ have spaces no larger than three inches wide aloa� any diagonal. Steel bacs must be no more than six inches apart on center, Statutory Au[hority: MS s 62�.7I61 Hisiory:l8 SR 944 750�1.0400 ELECTRONTC SECURITY FOR ALL FIREARtiIS DEAI.ERS. A firearms dealer shall install and maintain an electronic securiry system that meets the r�quirements of items A to I. A. The system must emit an audible alarm at the dea[er's place of business when triggered. B. The system must transmit a silent alarm when tri�gered. The silent alarm must be transmitted directiy to a pubtic safety answerin� point wf�ere this service is availabie. If no local public safety answering point provides an alarm-monitoriag service, tfie silent alarm must automatically transmit a violation signal to a UL- approved monitoring station that must notify an appropriate taw enforcement agency within two minutes of receiving the violation signal. C. A larae firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B i£ [he primary transmission system fa$s. D. The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emic an audible alarm. E. The system must monitor aI[ exterior doors, windows, and other entry points, including bat not limited to heating, ventilating, air conditioning, and customer and seroice entry points. F. The system must use motion and heat sensors to monitor pistol storage areas and alarm contzol boards. G. The system must monitor all interior doors that provide access to pistol stora�e areas. H. All components of the system must be UL-approved. L All wmponents of ihe system mast be independenfly tested and certified to compty with this part at Ieast once per year. The test mus[ be conducted by an alarm system installation or monitorins firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspecdon by a 1oca1 Iaw enforcement authoriry. Stamtory Authoriry: MS s 624J161 $isiory:l8 SR 944 7504.0500 INSPECTION BY LAW ENFORCE�fENT. A firearms dealer shall make its place of business availabie to local law enforce- ment officiats durin� normal business hours for the purpose of verifyin� compliance with [his chapter. A lceal !aw enforcement official is ao[ reqaired to �ive advance notice of an inspeccion. Statutory Authority: MS s 62-1J161 History: i3 SR 944 7504.06Q0 EYEMPTIONS. Upon written request from a firearms dealer, the commissioner of pub(ic safery shall �ranc an exemption from compliance with a requirement of this chapter if the foilowing conditions are met: exempt; A. the request ideatifies che requirement from which che dzaler wancs to be 75D4.06QU FIREAR\1S DEALERS; SECi;RZTI' STAND.ARDS =��-' 0 !�� B, the request identifies seenrit}' measums used in lieu of comptyinc vrith the requirement C. the requiremenY is not specificatlr sei out in s[at¢te: and D. the commissioner deterntines diat the securin� measures �cill pro��ide a deRree of securin- similar to the de�ree of securin proL�ided bc the requirement or �ili cause a delap in the unauthorized entry inco the dealer's business premises equi�alent [o the delay pro��ided by complyin� with the requiremeni. Statutorc• Au[horitp; MS s 624.7161 Historg: IS SR 9-1-1 , �.,.� e. �:s �`'`��-'�� aO e t S:�.bst� �. R•�. RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # O \ — � S $' Green Sheet # t e 3 a�\ Committee: Date RESOLVED, that the Firearms License held by Edwua Timmers, Jr., d/b/a East Side Gun Shop (License ID#: 0016861) for the premises located at 935 Arcade Street in Saint Paul is hereby suspended for a period of ninety (90) days for the failure to comply with the Security Standards for Fireanns Dealers, Minnesota Rules §§7504.0100 et seq. Seventy-five (75) days of said suspension shall be stayed for a period of eighteen months on the following conditions: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1) That the Licensee shall serve the fifteen days suspension effective 12:01 a.m. on August 22, 2001 and continuing untii 11:59 p.m. on September 5, 2001. Prior to reopening, a check shall be made of the premises to insure that Licensee is in compliance with all of the requirements for Safety Standards set forth in the Minnesota Rules. 2) That the Licensee shall remain in compliance with the Rules, and have no violations of any local, state or federal laws, rules or regulations relating to his business in that eighteen months. That the Licensee shall pay a fine of $2,000, said fine to be payable within thirty days of the passage and approvai of this Resolution. 3) That Licensee shall replace his wooden front door with a steel security door which complies with Minn. Rule 7504.0300 B,. even if he elects to comply with the requirements of §7504.020Q A through D. 4) That during the period of brinQine the 2 3 4 This Resolution is based upon the facts set forth in the Notice of Violation dated May 4, 2001, indicating that the inspection which determined that the Licensee was not in compliance resulted from a burglary at the premises; the response of the Licensee which did not contest that he was not in compliance with the Security Standards; the fact that Licensee was still not in full compliance with the Rules as of the date of the public hearing before City Council on July 25, 2001, five months after the first inspection by the police, and such other azguments as were made at the public hearing before the Council on JulyiYf � Requested by Department of: Adopted by Council: Date \ p� Adoption Certified by Council Se etary � ' �'' �11�� i,i � �'�i'�j �' �� By: Form App itv , torney &y: Approved by Mayor for Submission to Council By: � OFFICE oF LTEP Date: GREEN SHEET Christine Razek July 3 , 2ooi 266-9108 No . 103261 � 1 PARTF]BNT DIRSClOR ITY CODNCIL �� 2 ITY A7"lORN&Y ITY CL&[2K �� ust be on Council Agenda by: '�'°� �' Dl�ac�'ox rar. � Mc;r. svc. nne. � �- P.� • 8 706t 3 YOR (OR ASSISTANT) OTAL # OF SIGNATIIR PAGL5 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending the Firearms License at East Side Gun Shop, located at 935 Arcade, for ten days for violations of Minn. Rules Sacs. 7504.0100 et seq.. COFA7@7DATIONS: APPROVE (A) OR REJECP (R) SRSOtiAL SSRVSCS CONTNACIS MUST ANSwffii T88 FOLLO➢liliG: PLFiNNING CONAfISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a coneraCt for this department? CIB CONd7ITTEE _ BUSINESS ItEVIEW COUNCIL 7BS NO STAFF _ Has this person/firm ever been a City employee? DISTRICI' COURT _ YES NO Does this personlfirm possess a skill not normally possessed by any UPPORTS P7HICFi COUNCIL OB�TECTIV&? Current City employee? YES NO laia all YBS answera oa a aeparate aheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Edwin Timmers, d.b.a. East Side Gun Shop, violated the Security Standards for Firearms Dealers, Minn. Rules Sacs. 7504.�100 et seq.. This resolution will suspend Mr. Timmers license for ten days. ��S�avCh��ggt C«�unG VANTAGES IF APPROVED: �� ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION S CQST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � ORIG{NAL Council File # � 1 � �S� Green Sheet# � O',3�,�i t RESOLUTION �ITY OF SAINT PAUL, MINNESOTA Presented By Referred To RESOLVED, that the Firearxns License held by Edwin Timmer , Jr. d/b/a East Side Gun Shop (license ID No. 0016861), for the premises located at 935 Arca e Street in Saint Paui be suspended for a period of ten days for violations of the Security St dards for Firearms Dealers, Minn. Rules §§7504.0100 et seq.. Said suspension to be stayed r a period of eighteen months on the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1) that Licensee show proof that the premises are ently in compiiance with the Security Standards set forth in the Minnesota Ru s witYain one week from the passage and approval of this resolution; 2) that the Licensee have no further or locallaws, rules or regulations re is of the Rules, or violations of federal, state his business; and 3) that the Licensee pay a fine of passage and approval of this Resc Committee: Date said fine to be payable within thirty days of the This Resolution is based upon e facts set forth in the Notice of Violation dated May 4, 2001, the response of the Licensee da d May 15, 2001 and such arguments as were made at the public hearing before the Council o July 11, 2001. 3�1 Adopted by Council: Date Adoption Certified by Council Secretary By' Approved by Mayor: Date Requested by Department of: By: � � � � Form Approved by City By: Approved by �nayor £ox to Council By: By: CITY OF SAINT PAUL Narm Colenrnrs, Mn}'or July 3, 2001 Y Edwin Timmers, Jr. East Side Gun Shop 935 Arcade Street Saint Paul, Minnesota 55106 OFFICE OF THE CITY ATTORNEY �/ Clnyton M. Robixsors, Jc, Ciry Attorney� Q,'Sj Civil Division 400 Ciq� Hall 7'e[ephone: 651 266-87l0 ISWutKelloggBlvd. Facsimile:6�11985619 Saint Pmd, Minrsesota ii102 NOTICE OF COUNCIL HEARING RE: Firearms License held by Edwin Timmers, Jr. d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul License ID #: 16861 Dear Mr. Timmers: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, July 11, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to be in compliance with the security standards for firearxns dealers have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. If you have any questions, please call me at 266-8710. Very truly yours, � `� � (), � , �� ,E \ l,"�r.('.v�-c� L ( "-�" �'�J I Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 o i-�sY UNCONTESTED LICENSE HEARING Licensee Name; Edwin Timmers, Jr. d/b/a East Side Gun Shop Address: 935 Arcade Street Councii Nearing �ate: July 11, 2001 Violation: Non-compliance with Security Standards for Firearms Dealers Minn. Rules §§7504.0100 et seq. Date of Violation: Place: February 2, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten (10) Day Suspension of Firearms License, stayed for 18 months on conditions: (1) show proof premises are currently in compliance within one week from passage of resolution, (2) no further viotations, (3) pay $2,000.00 fine. Attachments: 1. Proposed resolution 2. 5/15/09 letter from licensee 3. Notice of Violation 4. License information 5. Minn. Rules §§7504.U100 MRY-15-01 12:a7 PM EAST-SIDE-GVN.SHOP 612 7719776 _ P_01 Q��S� j , ;� S� � �/, '. o o / y,,,, � �9d s6�f `a'�' �� P, d.tl"oti.�v� ,� ��- �",� ��.,.. . .�,�.�- �- � � y�-�^ �.�ti -� � �- ,�- �- � �hi a� �- i1,Z'L �-e o � , ' y ,«.n.,l.P .��,a- �i.h..4I� .�� f �` A, �,�� .G.�� ,�- ,e�;-�'�, c�' c°�"�,�G �� d � 8 i 0 � ��'�� MRY-15-2001 13�20 612 7719?76 96i P.01 OFFICE OF THE CITY ATTORNEY Cla}ton M. Robirsson, lr., Ciry' Attorney O� �S � CITY OF SAINT PAUL Norm Colemnn, �Lfayor May 4, 2001 Edward Timmers, Jr. ,, East Side Gun Shop 935 Arcade Street Saint Paul, Minnesota 55106 Civil Drvisiors 400 Ci[}' Hnll 1 S N'est Kellogg Bh•d. Snint Pa�d, Minnuo(n 5510? NOTICE OF VIOLATION Telephone: 651 266-87J 0 Fncsimi(e: 6i I 298-i6l9 RE: Firearms License held by Edward Timmers, Jr. d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul License ID #: 16861 Dear Mr. Timmers: The Office of License Inspections and Environmental Protection has recommended adverse action against the firearms license held by you d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul. The basis for the recommendation is as follows: On February 2, 2001, a Saint Paul Police Officer inspected your business for compliance with the Security Standards for Firearms Dealers, Minn. Rules §§7504.0100 et seq. The inspection was in response to information by police officers responding to a robbery at your store premises on February 14, 2001 that you did not appear to be in compliauce with the security requirements. On inspection, Officer Laurence observed violations of §7504.0300.A, which requires vehicle-resistant barriers to prevent the penetration of the dealer's place of business by a mofor vehicle; §7504.0300.B, in fhat your outer fronf door is made of wood, without the metal grate permitted by subdivision (3); §7504.0300.C., as your windows are not covered with steel bars anchored internally to the wall joint; and §7504.0300.D., in that the room in which the pistols are stored after hours is not secured with a locked steel door or metal grating. Additionally, the security system does not comply with the requirements of §7504.0400. Page 2 Edward Timmers, Jr. May4, 2001 C7 ('�� ff you do not dispute the above facts, please send me a letter admitting that they are true. The matter will then be scheduled for a hearing before the Saint Paul City Council to determine what penalty, if any, is appropriate. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Wednesday, May 16, 2001, how you wish to proceed. If you have not contacted me by Wednesday, May 16, 2001, I will assume that you are not contesting that the license fees have not been paid. I will then schedule this matter for a hearing before the St. Paul City Council. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 �.—_ � � o�-1Sg" STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 4, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an-envelope addressed as follows: Edward Timmers, Jr. East Side Gun Shop 935 Arcade Street St. Paul, MN. 55106 (which is the last known address of said person) same, with postage prepaid, in the L Minnesota. Subscribed and sworn to before me this 4th day of. 2001. `- /^ ,''�--- � ;" ?�'''`� s +� i i L� � % � 7�: �" _ �� Notary Public PETER P. PANGBORN � MY COMMISSIO S07A � EXPSRESIAN. and depositing the a�-"�Sd' � � 0 x M W � y O M � N y U � A J N a v 0 � O a d � c 0 .� E 'o c d N C d U J y 3 N � � a�i > V U � Q N N Q � y c E m � U � J LL � 0 0 N � W � � � Z a� . � y � U � J � a N � H � W y � N a .a U � a ¢ao M � rn � a O 2 � Z � N C� m W Z � m � � Q W K � � �w � N � Z F c o? � ❑ W �U C 3 O U i N � o N N � a X W C � � E � Z U O d U C m � C d E m Z c m n � 0 U � U c m � N C � N s � � Z N c � O � L � d w o:� w � a� � c �., mlc�0 ❑ � im � IH I� M H � W O Q U � Q � c`� m N C O � C O U ti C N E E 0 U m� �¢ T N w(� Q a��y�� C C N � � O o �p � � N N � � � �a � O N � N �r N � (6 C O� �p V- O V ~ � O N -- y 'u- °� Z � oQ� �� y U Q � N G c6 O t L � N U' C � M � - � O C� �` t� a oi1�'� ma UN � o o C7a� �c�i>>a xSm o �� ma�°c° � ' °'�L��o�Ea '" o Cn a Q � o � °- o�o W � O � EO U�?` rn � �v�co ° �Q��' O.� OOL �- � V Ln C ln � tn O N O (6 �O 30LLCp � 0 t-1S�' 3ss 3 � 9 been nder mted ction 1000. : the lified i 2, if zsota ation ment C�iAPTER 7504 DEPARTMENT OF PUBLIC SAFETY F'TREARMS DEALERS; SECURITY STANDARDS Ti0YAl00 DEF[NCilORS. 7jp¢.p2p0 SECURRY ME°.5[:AES FOR S.�dALL EIREARyiS DEACERS. 75PM1.0300 �R�� p�cR� FOftLARGE ]5pt.pvpD ELECIRO`.1C SENRITY FOR ALL Ff{LFTR.�tS DEALERS. 7j06.0500 INSPECTIO� BY LAW E?FORCE}tE?l'. fi0a.0600 FXE�tPTf0�5. �soa.oioo nEFCrn'rioxs. Subpart 1. Scope. For purposes of this chapter, the terms in subparts Z[0 6 have the meanings �iven them. Subp. 2. Firearms dealer. "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistals are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following: A. a building located on property that is zoned commercial; B. a business location where the square foota;e used for the business of selling firearms exceeds thz square foota�e used for the dealer's residence; or C. a buildin� located on the same property as the dealer's home that is not attached to the dealer's home. Subp. 3. Small firearms dealer. "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time. Subp. 4. Large firearms dealer. "Large firearms dealer" means a firearms dealer who operates a retail business at which more than �0 pistols are displayed for sale at any time. Subp. 5. Pistol. "Pistol" includes a weapon designed to be fired by the use of a sin�le hand and with an overall length less than 26 inches, or having a bacxeI or barrels of a length iess than 18 inches in the case of a shotgun or having a barrel of a len�th less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more soLid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejectino a shot measuring 18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun or naIl �un used in the construcpon industry, or children's pop guns or toys. Subp. 6. Displayed for sale. "Displayed for sale" mzans a pistol available for sale to customers that is either disp[ayed or stored at ihe dealer's place of business. This does not include pistols temporarily stored a[ the place of business for repair or servicing. Statutory Authority: iLIS s 62�1J161 History: 18 SR 94d 7504.0200 SECURITY bIE 1SLRES FOR S�IALL FIRE.�RbIS DEALERS. After business hours when the dealer's place of businzss is unattended, a small fcrearms dealer shal! place all pistols that are located in the dealer's place of business in a locked safe or locked steel �un cabinet, or on a locked, hardened stzel rod or cable that mns through the pis[ols trie_er ouards. A. The door ro a safe must be recessed or flush and made of at least szven �au�e stezl. The body of a safe must be made of hot rolled steel of at least 12 gzuae �504.0200 FIREARMS DEALERS; SECURI'IS' STANDARDS [�I.T17 thickness. A safe must have an Undenvriters Laboratory (UL) listed Group 2 combina- tion tock. B. A rod or cable used to secure a pistol must be hazdeaed steel. The rod or cab2e must be at least one-fourth inch in diameter. The rod or cable musc be sec�cred with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter. C. No more than five pistols may be affixed to any one rod or cable. D. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the presuses. E. The door "to a gun cabinet must be made of a[ least 14 gauge steei. The I door may be reeessed, flush, or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are ]ocated either inside or outside the body. If t�e hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or moveable locking pins securing the ' door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot roiled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid strucmre. A gun cabinet must have either a LTL-listed �roup two combination lock or a UL-listed key lock that is encased in a high security, driii-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source. ii �. , k� h ii Scatutory Authority: MS s 624.7161 HisYoty:18 SR 944 7504.0300 SECURIT'Y MEASURES FOR LARGE FITtEAPu�IS DEA LERS. A targe firearms deater shail compty with the requirements of items A ro H or the requirements of part 7504.0200, items A to D, except that a large firearnu dealer shall not use a gun cabinei. A. The dealer shali install vehicle-resistant barriers to prevent the penetraUon of the dealer's piace of business by a motor vehicle. The bazriers must protut any areas that are accessible to vehicles and that have a free mn distance of 50 feet or more. B. The dealer shall secure each perimeter doonvay according to subitem (1), (2}, or (3). _ (1) The dealer may ase a windowless steel security door equipped with both a dead bolt and a doorknob lock,- (2) The dealer may use a windowed metal door that is equipped with both a dead bolt and a doorknob Iock. The window must be made of one-half inch polycarbonate or glass reinforced with metal mesh. If the window has an opening of five inches or more measared in any direcuon, then the window must be covered with steel bars or metal grating affixed to the interior of the door. (3) The dealer may use a metal grate that is padlocked and affrxed to the premises independent of the door and door frame. C. A dealer shall cover a11 windows with steel bars that are anchored internally to the wall joists. D. A dealer shall sec¢re a room where pistols are stored after hours with a locked steel door or metal gratin�. E. A dealer shall not display pistols within four feet of a window unless the window is covered by metat screen that is anchored internalIy to the wall joists. F. A dealer shall secnre heatiag, ventIlating, a'u conditioning, and sen�ice openings with steel bazs, metal grating, or an alarm system as described in part 7504.04D0. G. A dealer shatl iIIuminate each perimeter dooiway so that the doorway is clearly visible after dark from a distance of 100 fee� d�_�Jr 36] H. Mei along an}• diaao alon� anq diae< Staiutorv A History: IS 7504.0400 ELE( A firearms meets [he requii A. The when triggered. B. The must be trans:r available. If nc service, the siL approved monL within two min- C. A transmits the = D. TI are hardened banier, The ii� an audible ala� E. 'I points, includL aad service e� F. 'I` azeas and ala� G. '� storage areas— H.� I.� comply with system insta� manufacture� local law enf� Statuto� Historv- 7504.0500 I� - A firea— meni offici� with this c� notice of a� Stafut� Histor� 7504.0600 � Upon shall grant following c � exempt; o t -�S P 360 ombina- � rod or secured n attack vent its �el. The it must �tside of by one side the iave an ring the iet must inuousiy Z-listed ;ecurity, only be S or the fer shall etration ry areas r more. -�� (z), �d with �d with alf inch ning of ed with i to the !chwed with a ess the joists. seroice to part nvay is 361 FIREAR�rIS DEALERS; SECURITY STA:tiDARDS 7504.0600 H. Metal grates and grating must have spaces no larger than six inches wide alon� any diagonal. Metal screen mus[ have spaces no larger than three inches wide aloa� any diagonal. Steel bacs must be no more than six inches apart on center, Statutory Au[hority: MS s 62�.7I61 Hisiory:l8 SR 944 750�1.0400 ELECTRONTC SECURITY FOR ALL FIREARtiIS DEAI.ERS. A firearms dealer shall install and maintain an electronic securiry system that meets the r�quirements of items A to I. A. The system must emit an audible alarm at the dea[er's place of business when triggered. B. The system must transmit a silent alarm when tri�gered. The silent alarm must be transmitted directiy to a pubtic safety answerin� point wf�ere this service is availabie. If no local public safety answering point provides an alarm-monitoriag service, tfie silent alarm must automatically transmit a violation signal to a UL- approved monitoring station that must notify an appropriate taw enforcement agency within two minutes of receiving the violation signal. C. A larae firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B i£ [he primary transmission system fa$s. D. The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emic an audible alarm. E. The system must monitor aI[ exterior doors, windows, and other entry points, including bat not limited to heating, ventilating, air conditioning, and customer and seroice entry points. F. The system must use motion and heat sensors to monitor pistol storage areas and alarm contzol boards. G. The system must monitor all interior doors that provide access to pistol stora�e areas. H. All components of the system must be UL-approved. L All wmponents of ihe system mast be independenfly tested and certified to compty with this part at Ieast once per year. The test mus[ be conducted by an alarm system installation or monitorins firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspecdon by a 1oca1 Iaw enforcement authoriry. Stamtory Authoriry: MS s 624J161 $isiory:l8 SR 944 7504.0500 INSPECTION BY LAW ENFORCE�fENT. A firearms dealer shall make its place of business availabie to local law enforce- ment officiats durin� normal business hours for the purpose of verifyin� compliance with [his chapter. A lceal !aw enforcement official is ao[ reqaired to �ive advance notice of an inspeccion. Statutory Authority: MS s 62-1J161 History: i3 SR 944 7504.06Q0 EYEMPTIONS. Upon written request from a firearms dealer, the commissioner of pub(ic safery shall �ranc an exemption from compliance with a requirement of this chapter if the foilowing conditions are met: exempt; A. the request ideatifies che requirement from which che dzaler wancs to be 75D4.06QU FIREAR\1S DEALERS; SECi;RZTI' STAND.ARDS =��-' 0 !�� B, the request identifies seenrit}' measums used in lieu of comptyinc vrith the requirement C. the requiremenY is not specificatlr sei out in s[at¢te: and D. the commissioner deterntines diat the securin� measures �cill pro��ide a deRree of securin- similar to the de�ree of securin proL�ided bc the requirement or �ili cause a delap in the unauthorized entry inco the dealer's business premises equi�alent [o the delay pro��ided by complyin� with the requiremeni. Statutorc• Au[horitp; MS s 624.7161 Historg: IS SR 9-1-1 , �.,.� e. �:s �`'`��-'�� aO e t S:�.bst� �. R•�. RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # O \ — � S $' Green Sheet # t e 3 a�\ Committee: Date RESOLVED, that the Firearms License held by Edwua Timmers, Jr., d/b/a East Side Gun Shop (License ID#: 0016861) for the premises located at 935 Arcade Street in Saint Paul is hereby suspended for a period of ninety (90) days for the failure to comply with the Security Standards for Fireanns Dealers, Minnesota Rules §§7504.0100 et seq. Seventy-five (75) days of said suspension shall be stayed for a period of eighteen months on the following conditions: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1) That the Licensee shall serve the fifteen days suspension effective 12:01 a.m. on August 22, 2001 and continuing untii 11:59 p.m. on September 5, 2001. Prior to reopening, a check shall be made of the premises to insure that Licensee is in compliance with all of the requirements for Safety Standards set forth in the Minnesota Rules. 2) That the Licensee shall remain in compliance with the Rules, and have no violations of any local, state or federal laws, rules or regulations relating to his business in that eighteen months. That the Licensee shall pay a fine of $2,000, said fine to be payable within thirty days of the passage and approvai of this Resolution. 3) That Licensee shall replace his wooden front door with a steel security door which complies with Minn. Rule 7504.0300 B,. even if he elects to comply with the requirements of §7504.020Q A through D. 4) That during the period of brinQine the 2 3 4 This Resolution is based upon the facts set forth in the Notice of Violation dated May 4, 2001, indicating that the inspection which determined that the Licensee was not in compliance resulted from a burglary at the premises; the response of the Licensee which did not contest that he was not in compliance with the Security Standards; the fact that Licensee was still not in full compliance with the Rules as of the date of the public hearing before City Council on July 25, 2001, five months after the first inspection by the police, and such other azguments as were made at the public hearing before the Council on JulyiYf � Requested by Department of: Adopted by Council: Date \ p� Adoption Certified by Council Se etary � ' �'' �11�� i,i � �'�i'�j �' �� By: Form App itv , torney &y: Approved by Mayor for Submission to Council By: � OFFICE oF LTEP Date: GREEN SHEET Christine Razek July 3 , 2ooi 266-9108 No . 103261 � 1 PARTF]BNT DIRSClOR ITY CODNCIL �� 2 ITY A7"lORN&Y ITY CL&[2K �� ust be on Council Agenda by: '�'°� �' Dl�ac�'ox rar. � Mc;r. svc. nne. � �- P.� • 8 706t 3 YOR (OR ASSISTANT) OTAL # OF SIGNATIIR PAGL5 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending the Firearms License at East Side Gun Shop, located at 935 Arcade, for ten days for violations of Minn. Rules Sacs. 7504.0100 et seq.. COFA7@7DATIONS: APPROVE (A) OR REJECP (R) SRSOtiAL SSRVSCS CONTNACIS MUST ANSwffii T88 FOLLO➢liliG: PLFiNNING CONAfISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a coneraCt for this department? CIB CONd7ITTEE _ BUSINESS ItEVIEW COUNCIL 7BS NO STAFF _ Has this person/firm ever been a City employee? DISTRICI' COURT _ YES NO Does this personlfirm possess a skill not normally possessed by any UPPORTS P7HICFi COUNCIL OB�TECTIV&? Current City employee? YES NO laia all YBS answera oa a aeparate aheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Edwin Timmers, d.b.a. East Side Gun Shop, violated the Security Standards for Firearms Dealers, Minn. Rules Sacs. 7504.�100 et seq.. This resolution will suspend Mr. Timmers license for ten days. ��S�avCh��ggt C«�unG VANTAGES IF APPROVED: �� ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION S CQST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � ORIG{NAL Council File # � 1 � �S� Green Sheet# � O',3�,�i t RESOLUTION �ITY OF SAINT PAUL, MINNESOTA Presented By Referred To RESOLVED, that the Firearxns License held by Edwin Timmer , Jr. d/b/a East Side Gun Shop (license ID No. 0016861), for the premises located at 935 Arca e Street in Saint Paui be suspended for a period of ten days for violations of the Security St dards for Firearms Dealers, Minn. Rules §§7504.0100 et seq.. Said suspension to be stayed r a period of eighteen months on the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1) that Licensee show proof that the premises are ently in compiiance with the Security Standards set forth in the Minnesota Ru s witYain one week from the passage and approval of this resolution; 2) that the Licensee have no further or locallaws, rules or regulations re is of the Rules, or violations of federal, state his business; and 3) that the Licensee pay a fine of passage and approval of this Resc Committee: Date said fine to be payable within thirty days of the This Resolution is based upon e facts set forth in the Notice of Violation dated May 4, 2001, the response of the Licensee da d May 15, 2001 and such arguments as were made at the public hearing before the Council o July 11, 2001. 3�1 Adopted by Council: Date Adoption Certified by Council Secretary By' Approved by Mayor: Date Requested by Department of: By: � � � � Form Approved by City By: Approved by �nayor £ox to Council By: By: CITY OF SAINT PAUL Narm Colenrnrs, Mn}'or July 3, 2001 Y Edwin Timmers, Jr. East Side Gun Shop 935 Arcade Street Saint Paul, Minnesota 55106 OFFICE OF THE CITY ATTORNEY �/ Clnyton M. Robixsors, Jc, Ciry Attorney� Q,'Sj Civil Division 400 Ciq� Hall 7'e[ephone: 651 266-87l0 ISWutKelloggBlvd. Facsimile:6�11985619 Saint Pmd, Minrsesota ii102 NOTICE OF COUNCIL HEARING RE: Firearms License held by Edwin Timmers, Jr. d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul License ID #: 16861 Dear Mr. Timmers: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, July 11, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to be in compliance with the security standards for firearxns dealers have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. If you have any questions, please call me at 266-8710. Very truly yours, � `� � (), � , �� ,E \ l,"�r.('.v�-c� L ( "-�" �'�J I Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 o i-�sY UNCONTESTED LICENSE HEARING Licensee Name; Edwin Timmers, Jr. d/b/a East Side Gun Shop Address: 935 Arcade Street Councii Nearing �ate: July 11, 2001 Violation: Non-compliance with Security Standards for Firearms Dealers Minn. Rules §§7504.0100 et seq. Date of Violation: Place: February 2, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten (10) Day Suspension of Firearms License, stayed for 18 months on conditions: (1) show proof premises are currently in compliance within one week from passage of resolution, (2) no further viotations, (3) pay $2,000.00 fine. Attachments: 1. Proposed resolution 2. 5/15/09 letter from licensee 3. Notice of Violation 4. License information 5. Minn. Rules §§7504.U100 MRY-15-01 12:a7 PM EAST-SIDE-GVN.SHOP 612 7719776 _ P_01 Q��S� j , ;� S� � �/, '. o o / y,,,, � �9d s6�f `a'�' �� P, d.tl"oti.�v� ,� ��- �",� ��.,.. . .�,�.�- �- � � y�-�^ �.�ti -� � �- ,�- �- � �hi a� �- i1,Z'L �-e o � , ' y ,«.n.,l.P .��,a- �i.h..4I� .�� f �` A, �,�� .G.�� ,�- ,e�;-�'�, c�' c°�"�,�G �� d � 8 i 0 � ��'�� MRY-15-2001 13�20 612 7719?76 96i P.01 OFFICE OF THE CITY ATTORNEY Cla}ton M. Robirsson, lr., Ciry' Attorney O� �S � CITY OF SAINT PAUL Norm Colemnn, �Lfayor May 4, 2001 Edward Timmers, Jr. ,, East Side Gun Shop 935 Arcade Street Saint Paul, Minnesota 55106 Civil Drvisiors 400 Ci[}' Hnll 1 S N'est Kellogg Bh•d. Snint Pa�d, Minnuo(n 5510? NOTICE OF VIOLATION Telephone: 651 266-87J 0 Fncsimi(e: 6i I 298-i6l9 RE: Firearms License held by Edward Timmers, Jr. d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul License ID #: 16861 Dear Mr. Timmers: The Office of License Inspections and Environmental Protection has recommended adverse action against the firearms license held by you d/b/a East Side Gun Shop for the premises located at 935 Arcade Street in Saint Paul. The basis for the recommendation is as follows: On February 2, 2001, a Saint Paul Police Officer inspected your business for compliance with the Security Standards for Firearms Dealers, Minn. Rules §§7504.0100 et seq. The inspection was in response to information by police officers responding to a robbery at your store premises on February 14, 2001 that you did not appear to be in compliauce with the security requirements. On inspection, Officer Laurence observed violations of §7504.0300.A, which requires vehicle-resistant barriers to prevent the penetration of the dealer's place of business by a mofor vehicle; §7504.0300.B, in fhat your outer fronf door is made of wood, without the metal grate permitted by subdivision (3); §7504.0300.C., as your windows are not covered with steel bars anchored internally to the wall joint; and §7504.0300.D., in that the room in which the pistols are stored after hours is not secured with a locked steel door or metal grating. Additionally, the security system does not comply with the requirements of §7504.0400. Page 2 Edward Timmers, Jr. May4, 2001 C7 ('�� ff you do not dispute the above facts, please send me a letter admitting that they are true. The matter will then be scheduled for a hearing before the Saint Paul City Council to determine what penalty, if any, is appropriate. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Wednesday, May 16, 2001, how you wish to proceed. If you have not contacted me by Wednesday, May 16, 2001, I will assume that you are not contesting that the license fees have not been paid. I will then schedule this matter for a hearing before the St. Paul City Council. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 �.—_ � � o�-1Sg" STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 4, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an-envelope addressed as follows: Edward Timmers, Jr. East Side Gun Shop 935 Arcade Street St. Paul, MN. 55106 (which is the last known address of said person) same, with postage prepaid, in the L Minnesota. Subscribed and sworn to before me this 4th day of. 2001. `- /^ ,''�--- � ;" ?�'''`� s +� i i L� � % � 7�: �" _ �� Notary Public PETER P. PANGBORN � MY COMMISSIO S07A � EXPSRESIAN. and depositing the a�-"�Sd' � � 0 x M W � y O M � N y U � A J N a v 0 � O a d � c 0 .� E 'o c d N C d U J y 3 N � � a�i > V U � Q N N Q � y c E m � U � J LL � 0 0 N � W � � � Z a� . � y � U � J � a N � H � W y � N a .a U � a ¢ao M � rn � a O 2 � Z � N C� m W Z � m � � Q W K � � �w � N � Z F c o? � ❑ W �U C 3 O U i N � o N N � a X W C � � E � Z U O d U C m � C d E m Z c m n � 0 U � U c m � N C � N s � � Z N c � O � L � d w o:� w � a� � c �., mlc�0 ❑ � im � IH I� M H � W O Q U � Q � c`� m N C O � C O U ti C N E E 0 U m� �¢ T N w(� Q a��y�� C C N � � O o �p � � N N � � � �a � O N � N �r N � (6 C O� �p V- O V ~ � O N -- y 'u- °� Z � oQ� �� y U Q � N G c6 O t L � N U' C � M � - � O C� �` t� a oi1�'� ma UN � o o C7a� �c�i>>a xSm o �� ma�°c° � ' °'�L��o�Ea '" o Cn a Q � o � °- o�o W � O � EO U�?` rn � �v�co ° �Q��' O.� OOL �- � V Ln C ln � tn O N O (6 �O 30LLCp � 0 t-1S�' 3ss 3 � 9 been nder mted ction 1000. : the lified i 2, if zsota ation ment C�iAPTER 7504 DEPARTMENT OF PUBLIC SAFETY F'TREARMS DEALERS; SECURITY STANDARDS Ti0YAl00 DEF[NCilORS. 7jp¢.p2p0 SECURRY ME°.5[:AES FOR S.�dALL EIREARyiS DEACERS. 75PM1.0300 �R�� p�cR� FOftLARGE ]5pt.pvpD ELECIRO`.1C SENRITY FOR ALL Ff{LFTR.�tS DEALERS. 7j06.0500 INSPECTIO� BY LAW E?FORCE}tE?l'. fi0a.0600 FXE�tPTf0�5. �soa.oioo nEFCrn'rioxs. Subpart 1. Scope. For purposes of this chapter, the terms in subparts Z[0 6 have the meanings �iven them. Subp. 2. Firearms dealer. "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistals are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following: A. a building located on property that is zoned commercial; B. a business location where the square foota;e used for the business of selling firearms exceeds thz square foota�e used for the dealer's residence; or C. a buildin� located on the same property as the dealer's home that is not attached to the dealer's home. Subp. 3. Small firearms dealer. "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time. Subp. 4. Large firearms dealer. "Large firearms dealer" means a firearms dealer who operates a retail business at which more than �0 pistols are displayed for sale at any time. Subp. 5. Pistol. "Pistol" includes a weapon designed to be fired by the use of a sin�le hand and with an overall length less than 26 inches, or having a bacxeI or barrels of a length iess than 18 inches in the case of a shotgun or having a barrel of a len�th less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more soLid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejectino a shot measuring 18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun or naIl �un used in the construcpon industry, or children's pop guns or toys. Subp. 6. Displayed for sale. "Displayed for sale" mzans a pistol available for sale to customers that is either disp[ayed or stored at ihe dealer's place of business. This does not include pistols temporarily stored a[ the place of business for repair or servicing. Statutory Authority: iLIS s 62�1J161 History: 18 SR 94d 7504.0200 SECURITY bIE 1SLRES FOR S�IALL FIRE.�RbIS DEALERS. After business hours when the dealer's place of businzss is unattended, a small fcrearms dealer shal! place all pistols that are located in the dealer's place of business in a locked safe or locked steel �un cabinet, or on a locked, hardened stzel rod or cable that mns through the pis[ols trie_er ouards. A. The door ro a safe must be recessed or flush and made of at least szven �au�e stezl. The body of a safe must be made of hot rolled steel of at least 12 gzuae �504.0200 FIREARMS DEALERS; SECURI'IS' STANDARDS [�I.T17 thickness. A safe must have an Undenvriters Laboratory (UL) listed Group 2 combina- tion tock. B. A rod or cable used to secure a pistol must be hazdeaed steel. The rod or cab2e must be at least one-fourth inch in diameter. The rod or cable musc be sec�cred with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter. C. No more than five pistols may be affixed to any one rod or cable. D. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the presuses. E. The door "to a gun cabinet must be made of a[ least 14 gauge steei. The I door may be reeessed, flush, or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are ]ocated either inside or outside the body. If t�e hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or moveable locking pins securing the ' door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot roiled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid strucmre. A gun cabinet must have either a LTL-listed �roup two combination lock or a UL-listed key lock that is encased in a high security, driii-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source. ii �. , k� h ii Scatutory Authority: MS s 624.7161 HisYoty:18 SR 944 7504.0300 SECURIT'Y MEASURES FOR LARGE FITtEAPu�IS DEA LERS. A targe firearms deater shail compty with the requirements of items A ro H or the requirements of part 7504.0200, items A to D, except that a large firearnu dealer shall not use a gun cabinei. A. The dealer shali install vehicle-resistant barriers to prevent the penetraUon of the dealer's piace of business by a motor vehicle. The bazriers must protut any areas that are accessible to vehicles and that have a free mn distance of 50 feet or more. B. The dealer shall secure each perimeter doonvay according to subitem (1), (2}, or (3). _ (1) The dealer may ase a windowless steel security door equipped with both a dead bolt and a doorknob lock,- (2) The dealer may use a windowed metal door that is equipped with both a dead bolt and a doorknob Iock. The window must be made of one-half inch polycarbonate or glass reinforced with metal mesh. If the window has an opening of five inches or more measared in any direcuon, then the window must be covered with steel bars or metal grating affixed to the interior of the door. (3) The dealer may use a metal grate that is padlocked and affrxed to the premises independent of the door and door frame. C. A dealer shall cover a11 windows with steel bars that are anchored internally to the wall joists. D. A dealer shall sec¢re a room where pistols are stored after hours with a locked steel door or metal gratin�. E. A dealer shall not display pistols within four feet of a window unless the window is covered by metat screen that is anchored internalIy to the wall joists. F. A dealer shall secnre heatiag, ventIlating, a'u conditioning, and sen�ice openings with steel bazs, metal grating, or an alarm system as described in part 7504.04D0. G. A dealer shatl iIIuminate each perimeter dooiway so that the doorway is clearly visible after dark from a distance of 100 fee� d�_�Jr 36] H. Mei along an}• diaao alon� anq diae< Staiutorv A History: IS 7504.0400 ELE( A firearms meets [he requii A. The when triggered. B. The must be trans:r available. If nc service, the siL approved monL within two min- C. A transmits the = D. TI are hardened banier, The ii� an audible ala� E. 'I points, includL aad service e� F. 'I` azeas and ala� G. '� storage areas— H.� I.� comply with system insta� manufacture� local law enf� Statuto� Historv- 7504.0500 I� - A firea— meni offici� with this c� notice of a� Stafut� Histor� 7504.0600 � Upon shall grant following c � exempt; o t -�S P 360 ombina- � rod or secured n attack vent its �el. The it must �tside of by one side the iave an ring the iet must inuousiy Z-listed ;ecurity, only be S or the fer shall etration ry areas r more. -�� (z), �d with �d with alf inch ning of ed with i to the !chwed with a ess the joists. seroice to part nvay is 361 FIREAR�rIS DEALERS; SECURITY STA:tiDARDS 7504.0600 H. Metal grates and grating must have spaces no larger than six inches wide alon� any diagonal. Metal screen mus[ have spaces no larger than three inches wide aloa� any diagonal. Steel bacs must be no more than six inches apart on center, Statutory Au[hority: MS s 62�.7I61 Hisiory:l8 SR 944 750�1.0400 ELECTRONTC SECURITY FOR ALL FIREARtiIS DEAI.ERS. A firearms dealer shall install and maintain an electronic securiry system that meets the r�quirements of items A to I. A. The system must emit an audible alarm at the dea[er's place of business when triggered. B. The system must transmit a silent alarm when tri�gered. The silent alarm must be transmitted directiy to a pubtic safety answerin� point wf�ere this service is availabie. If no local public safety answering point provides an alarm-monitoriag service, tfie silent alarm must automatically transmit a violation signal to a UL- approved monitoring station that must notify an appropriate taw enforcement agency within two minutes of receiving the violation signal. C. A larae firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B i£ [he primary transmission system fa$s. D. The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emic an audible alarm. E. The system must monitor aI[ exterior doors, windows, and other entry points, including bat not limited to heating, ventilating, air conditioning, and customer and seroice entry points. F. The system must use motion and heat sensors to monitor pistol storage areas and alarm contzol boards. G. The system must monitor all interior doors that provide access to pistol stora�e areas. H. All components of the system must be UL-approved. L All wmponents of ihe system mast be independenfly tested and certified to compty with this part at Ieast once per year. The test mus[ be conducted by an alarm system installation or monitorins firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspecdon by a 1oca1 Iaw enforcement authoriry. Stamtory Authoriry: MS s 624J161 $isiory:l8 SR 944 7504.0500 INSPECTION BY LAW ENFORCE�fENT. A firearms dealer shall make its place of business availabie to local law enforce- ment officiats durin� normal business hours for the purpose of verifyin� compliance with [his chapter. A lceal !aw enforcement official is ao[ reqaired to �ive advance notice of an inspeccion. Statutory Authority: MS s 62-1J161 History: i3 SR 944 7504.06Q0 EYEMPTIONS. Upon written request from a firearms dealer, the commissioner of pub(ic safery shall �ranc an exemption from compliance with a requirement of this chapter if the foilowing conditions are met: exempt; A. the request ideatifies che requirement from which che dzaler wancs to be 75D4.06QU FIREAR\1S DEALERS; SECi;RZTI' STAND.ARDS =��-' 0 !�� B, the request identifies seenrit}' measums used in lieu of comptyinc vrith the requirement C. the requiremenY is not specificatlr sei out in s[at¢te: and D. the commissioner deterntines diat the securin� measures �cill pro��ide a deRree of securin- similar to the de�ree of securin proL�ided bc the requirement or �ili cause a delap in the unauthorized entry inco the dealer's business premises equi�alent [o the delay pro��ided by complyin� with the requiremeni. Statutorc• Au[horitp; MS s 624.7161 Historg: IS SR 9-1-1 ,