227410 Orlsina(to City Clerk
r
. ORDINANCE �����.�
COUNCiL FILE NO.
• PRESENTED BY ORDINANCE NO.
\ An amendment to Chapte� 37�+ of
the Saint Paul Legislative Code per- •
taining to Opticians. This is an
emer�ency ordinance rendered neces-
sary for the preservation of the
public peace, health and safety. .
�HE CO'ETNCIL OF THE CITY OF �AINT PAUL DOE� ORDAIN:
Se�tion 1.
�.-
•• `That Seetion 37�+.02 of the Saint Paul Legislative Code be and
' the same is hereby axnended by inserting in liau a.nd in place thereof
, �he following: . . ' r _ ._ .
� • "37�4.02. Definition. The word "optieian" as used Y
Y�erein is defined to mean any person, firm or corporation �
engaged in �he business of furnishing lenses for �he eor-
reetion of ocular ertor to eustomers by preseription, or
replacing broken lenses by duplication. Provided, how-
ever, that this Chapter sY�all not apply to regularly �.
lieensed physicians, surgeon.s or optometr3sts. " �
Section 2.
This ordinanee ia hereby declared to be an emergeney ordinance
rendered neeessary for the preservation of the public peaee,�._health
and safety.
Section 3.
T�is ordinanee shall take effect ar�d be in force �zpon its
passage, approval and publieation.
,�
,
- - ____. . - _ - ---�
' �R 11, 1966
Yeas Councilmen Nays Passed by the Coune>> '
Dalglish
�a�'d—
, Loss • /1 ' Tn FavOx'
' Meredith (�
Peterson D 83II8t f
Rosen �iAR 1 1 1966
Mr.President (V�voulis)
Approved:
Attest: •
.
City Clerk M •'02' �� .
i M e-az � �� -
Form approved Corpora,tion Counsel By -
' puB��s�o AR\1� 196�
��, • 4 pttY �� !M���
Araa Cod�612 ti� �ir �"� CIVIL DIVISION
223�i121 o w THOMAS J. STEARNS
, � �� DONALD C. HHNSON
+. '°mr�' n• JOHN J. McNEIL
... PAUL J. KELLY
JEROME J. SEGAL
RICHARD J. BATTIS OFPICH OR THE CORPORATION COUNSEL CRIMINAL DIVISION
Finf Atsiilenf CITY OF SAINT PAUL DANIEL A. KLnS
GERALD A. HLFVEBY
ROBERT E.O'CONNELL JON R. DUCKSTAD
s��rai a:�r,ra�� LEGAL DEPARTMENT ARTHUR M. NELSON
316 Ctty Hall, 5t. Paul, Minnesota 55102 THOMAS M. MOONEY
STEPHEN L. MAXWELL F@bTUAT 21 1 66
Corporstlon Counsel y 7 9
Honorable Dean Meredith
Commissioner of Public Safety
Tenth & Minnesota Streets
Saint Paul, Minnesota 55101 •
Attention: Vernon P . Michel
Subject: Opticians - amending Section 374.02
Gentlemen:
I am transmitting the requested amendment to Section 374.02
of the Legislative Code which defines Optician.
Chapter 374 requires that those persons engaged in the
business of optician, as defined by 3'74.02 , obtain a license
from the City Council, and the new definition excludes licensed
physicians, surgeons and optometrists because they are already
licensed and regulated by the State of Minnesota. The intent of
the new definition is not to exclude from the City' s licensing
requirements a business which employs the services of a licensed
physician, surgeon or optometrist, but which is owned by a person
other than a physician, surgeon or optometrist. In that situation,
the business is being operated as "Optician", and the optician
business is not licensed by the State of Minne�ota. A recent
Minnesota Supreme Court decision (State v. Ritholz, 115 N.W.2d,743)
distinguished the practice of optometry, which is licensed by the
State , with that of a dispensing optician, and ruled that the
regulations prohibiting price advertising (M.S.A. 148. 57(3) pertained
to the conduct of licensed optometrists rakher than to that of
dispensing opticians.
The enclosed amendment has the approval of the Board of
Optometry, State of Minnesota, and its Counsel, Mr. Richard W.
Johnson.
If you have any questions, please contact the undersigned.
Ve truly y ur ,
� �
JJS/mlp rome J S ga
Enclosure ssista t Corp ration Counsel
�22 '
I s+ �'t � ^ 2nd �
•Laid over to
3rd and app —Adopted— �
Yeas Nays Yeas Nays
`Dalglish � \Dalglish
V-lolland �``�i�lansL
` Loss ` Loss
, � 22'�41+��
\Meredith eredith �
Peterson �eterson V
`
Rosen � Rosen
r. President Vavoulis . President Vavoulis
��