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07-1220�, 1 Council File # U / -' ��v Green Sheet # 36 41 1 �� 2 WHE S, adverse action was taken against a111icenses held by ALIS, Inc., d/b/a ALIS, Inc. 3(License ID #200 000601) for the premises located at 43 — 7�' Street West in Saint Paul, by Notice of 4 Violation dated Nov�nber 8, 2007, alleging St. Paul Police found a handgun with a scratched off serial 5 number in plain view un�ier the counter of the licensee's establishment in violation of Minn. Stat. §609.667 6 and Saint Paul Legislahve�ode §225.02(b); and 7 8 WI3EREAS, The Dep t ent of Safety and Inspections has recommended a$2,000.00 fine; and 9 ; 10 WHEREAS, the licensee ha's,�not contested the allegations; now, therefore be it 11 ``�,` 12 RESOLVED that ALIS, Inc., d/bY.� ALIS, Inc., is hereby ardered to pay a fine of $2,000.00 for the 13 possession of a handgun in his establishm�t with a scratched off serial numbex in violation of Minn. Stat. 14 §609.667 and Saint Paul Legislative Code §22�5.02(b). 15 '� 16 This Resolution, and action taken above, 17 Notice of Violation sent to the licensee and the < 18 2007. 19 20 21 based upon facts contained in the November 8, 2007, �:nnents made at the Public Hearing on December 19, L, MINNESOTA Adoption Certified by Council Secretary By: Approved by Mayor: Date Requested by Deparhnent i � By: Fo roved by Ci�A B a,,(�„e i r Form A o� e y a or f . missio to Council B �. � Adopted by Council: Date � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v�-i�a� Departmentlofficelcouncil: Date initiated: $� — DepCOfSafery&Inspections ,�NO�-0� Green Sheet NO: 3046453 ConWCt Person & Phone: Rachel Tiemey 266-8710 musc ne on a OOCII ffi by (U21 12-DEC-07 tiZll9 b7 ,,�Ipl�c Doc. rype: RESOLUTION E-Document Required: Y Document ConWct: Julie Kraus Confact Phone: 26&8776 � vcuawrom �om��rersvn 0 C ofSaf & Ins ections Assign 1 t of Safe & Ias ecflous De ar�ent D'uec[or Number Z • Attorne For Routing 3 a or's O�ce Ma oNAssistant Order 4 ouncil 5 i Clerk Gti Clerk Total # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolurion to take adverse action against all Licenses held by ALIS, Inc., d(b!a ALIS, Inc. (License ID #20050000601) for the premises located at 43 - 7th Street West in Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has this perso�rm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm passess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): St. Paul Police found a handgun with a scratched off serial number in plain view under the counter of the licensee's establishment in violation of Minn. Stat. Secrion 609.667 and St. Paul I.egisla6ve Code Secrion 225.02 (b). After norification, licensee requested a public hearing. Advantages If Approved: $2,000 matrix penalty. Disadvantages If Approved: DisadvanWges If NotApproved: Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: November 19, 2007 11:00 AM Page 1 (12/18/2007)� Mary Erickson�- ALIS, Inc , d%bla ALIS, Inc - Item #41 on 12/� 9/07 Council Agenda� �� ,�'� _�_, Page�1��.i From: To: Date: Subject: Place: CC: Mary/Raquel/]oan: Julie Kraus CC-Agenda 12/17/2007 3:11 PM ALiS, Inc., d/b/a ALIS, Inc - Item #41 on 12/19/07 Council Agenda CC-Agenda Erickson, Mary; Naylor, Racquel; Reidell, Joan Please withdraw Item #41 (Resolution #07-1220) re: ALiS, Inc., d/b/a ALIS, Inc. from the 12/19/07 Coundl Agenda. Per Christine Rozek, the licensee came into DSI today and paid the $2,000 fine. He said he no longer wanted a public hearing. Thanks Julie Kraus Gty of Saint Paul Gty Attorneys Office (651) 266-8776 UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Dates of Violation: ALIS, Inc. 43 - 7"' Street West �7� � �� Wednesday, December 19, 2007 @ 5:30 p.m. Licensee had three non-lethal firearms and a handgun with a scratched off serial number under the counter of his establishment in plain view. This is a violation of Minn. Stat. § 609.667 and Saint Paul Legislative Code § 225.02(b). July 6, 2007 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: $2,000.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Paul Police Original Offense/Incident Report (Public version) (CN #07-130-983) dated 716107 4. Copy of Notice of Violation with Affidavit of Service dated 11/8/07 5. Copy of letter from licensee requesting a public hearing dated 11/14/07 6. Minn. Stat. § 609.667 7. Saint Paul Legislative Code § 225.02(b). 8. Copy of Saint Paul Legislative Code §310.05 (m)(5) OFFICB OF Tf� CITY ATTORNEY .7ohn Cho; City Attorney D�-I�-�D � CITY OF SA1NT PAUL Civil Division Christopher B. Colemml, Mayor 400 City Hall Telephone: 65l Z66-8710 ISWesiKeZloggBlvd Facsim¢Ze:651298-5619 Saini Paul, Minnesota SSIO2 ri� November 21, 2007 NOTICE OF COLTNCIL SEARING Owner/Manager ALIS, Inc. 43 - 7�' Street West St. Paul, MN 55102 RE: All the licenses held by ALIS, Inc., d/b/a ALIS, Inc. for the premises located at 43 - 7�` Street West in Saint Paul License ID # 20050000601 Dear Sir: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, December 19, 2007, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey CounTy Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their considerafion. This is an uncontested matter concerning the fact that on 7uly 6, 2007, St. Paul Police found a handgun with a scratched off serial number in plain view under the counter of your establishment in violafion of Minn. Stat. §609.667 and Saint Paul Legislafive Code §225.02(b). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office for this violation is a$2,000.00 fine. If there is anv information vou would like City Council to review�rior to the nublic hearing I will need to receive rt no later than Monday, December 10 2007 Very truly yours, `�a� � �.'� Rachel Tiemey Assistant City Attorney ca Christine Rozek, Deputy Director of LIEP/DSI d1�Iary Erickson, Council Secretary, 310 City Hall Raad Alomburak, 450 Manor Drive NE, Spring Lake Pazk, MN 55432 Ms. Betty Moran, Community Organizer, West Seventh/Fort Road Federation 974 West Seventh Street, St. Paul, MN 55102-3520 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Dates of Violation: ALIS, Inc. 43 - 7` Street West D�-I�a-D Wednesday, December 19, 2007 @ 5:30 p.m. Licensee had three non-lethal firearms and a handgun with a scratched off serial number under the counter of his establishment in plain view. This is a violation of Minn. Stat. § 609.667 and Saint Paul Legislafive Code § 225.02(b). July 6, 2007 �ecorrimer�ciatiorn oi Ass:stant �i i j' E� vii �C}iaii Of C�iic�it� �2N�i tme;.� of Safety and Inspections: $2,000.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Panl Police Original Offense/Incident Report (Public version) (CN #07-130-983) dated 7/6I07 4. Copy of Notice of Violation with Affidavit of Service dated 11/8/07 5. Copy of letter from licensee requesting a public hearing dated 11/14/07 6. Minn. Stat. § 609.667 7. Saint Paul Legislative Code § 225.02(b). 8. Copy of Saint Paul Legislative Code §310.05 (m)(5) License Wroup Comments Teut i Licensee: qLIS INC �BA� ALIS INC License #: 20050000601 ( � b �7-laa-<� 09/10I2007 09/� 0/2007 To CAO for adverse action related to CN 07730983 for violation of 310.06(08). Weapons on the premise endanger public safety. First violation, �500 penalty. CAR 07l06/2007 CN07130983 Indicates that weapons are kept behind fhe counter. CAR 06/13/2007 passed cig. comp. ck.KS 'f 0/59/2006 Passed tobacco compiiance check. PF 1 -bf .�1 L:l� �i�Iti.t: I " V�: � e y 4 �s' i i ♦ L f � :i M � �� } 6� � w�+4 s� ru�rr r�. '.t �.e, } � �.a� �,<.-� � �L'� � r::�;i :. � . '.:,. - ra�: x '� a e' .x � �� t�/Jf.. - i �e.- 1 tI e - � S � R � D_ 4 / �> - , :� .� . - - <t F �:! : "a � a _� II . �:� Y E F , � �!:riutRA L � Lt� 34`. �G � .....__ r';BCi'1�'!�?�5'�� d :. . -�. - � •� •.._. : ii� a: t E 13. � ' r� w v- : s� s� s+ ,-� i s.- - e s x - �I.°�1 !I : �• • :r._v"' a __wr eiF'. 1 1 'r: . � c : s s 3 [ ! " ,+. ..a .- * - - - - .�. . - - .. . ..�>� k,a, f- _ EI "JS 3I ' t k t : i � 1� !4 � � � .� .. .__ _..._ in �xla� s x i �. ' _ ' � I rt '- � � . � - • � `E�t �E / T es€ E .:t � � "- � ' �i�� [.I E'lit� ! su - : • i z. - r� e s'' v s _ `� � a .� . �� S� 7h�."� �1 m r�� r� - """ ��s �a �;, . ��.��`�� :. . �. ��- � ��;�� License �� ti�. Types � !"sa"at�ce � &ms! � }�irrer"crfts � JRN-20-1996 08�30 % � Saint Paul Police Departmen� PUBUC P.02/03 Page 1 of2 ORIGINAL OFFENSE / INCfDENT RER(�RT ��a� Complain£ Numbar Reference C.N. Date and Time a/ Report Q7130983 07J0612007 18:47:00 Pdmary o(fense WEAPONS-POSS OF AN ASSAULT WEAPON PrimaryRaporting O�cer. gyin Jason J Primary squsd: 537 Secontlary reporting o�crr. Name oflocelioN6usiness: I ocsfon of incidenC 43 7 ST W ST PAUL, MN SSt01 Disbict: Central Date 8 time of occurrence: 07106/2007 18:00:00 to 07l06/2007 18:00:00 Site: Secondaryoifense: Arresfmade? Y05 Pursuit engaged Res�stance encountered Weapons Used by Pollce Weapons Used by Suapact at Pme afarrest ARRESTS Nsme q�jebory, Ahmed Hadi eooxtng date 07/0o(2G07 eooking tima � g:48 Booking # Warrant namber 07035007Mj283jjm uame Ali, Lucky eooking tlaPe 07/06I2007 Book7ng tlme 19:56 Booking # WamentnumDer Date 8 tima otarrosC 07l06/2007 18:00 Arreststams Bcoked Arrest mede an view: Aaest made on warrant or previous CN: Y8S origineting agency Rice County and ATF Oete & time of arrash. 07106l200718:�5 Arrest Sfatus BOOked Anest made on vlew: Y0S Anesf made on warranf or previous CN: Odginatingagency SPP� �� NAMES Aresstea Ali, Lucky KNOWN FRIDLEY MN 55432 Arrastee Aljebory, Ahmed Hadi KNOWN MN .n.r`.�w - - - - - — PUBUC NARRATIVE Aljebory, Ahmed Hadi, DOB:01-01-1987, unknown address was arrested for two felony warrants(1 st degree sale of C/S) and (dangerous drugs).Ali, Lucky, DOB:06-08-1970, 170 Craigbrook Way, Fridley, MN 55432 was arresied for possession of an altered firearm.On �7-06-2007 Aljebory was found af 43 W 7th St and arrested for two felony warrants. While arresting Aljebory a 22 Jenning handgun was found under the counter in plain view with a scratched off serial number. Ali was arrested since he is the store owner. Warrant type Warrant Charga/CitslioNBailAmount WARRANT(DANGEROUS ORUGS) BODY ONLY WARRANT('ISR D6Gf2EE SALE OF OF GSIRONI) SEP-19-2007 13�45 96i P.02 JRN-26-1996 08�30 Complaint Number �713�983 � \ Saint Paul Police Depa�tmen�' P.03/03 Page 2 ot Z PUBLIC ORIGINAL OFEENSE / INCiDENT REPORT o� ��'� Reference C.N. Date and T/me of Report a7ros��ao7 � s:47:o0 Pnmary oHense WEAPONS-POSS OF AN ASSAUL7 WEAPON Warrant type (none) CBarga�CitaUon/8ail Amount Poss of an alterad ftreartn T�TAL P.03 SEP 13�45 96i P.03 � � OFFICE OF TF� CITY ATTORNEY .7olm J. Choi, CiryAttorney � 07�/2�a0 CI� �F 'Stiil� 1 PA�. CivilDivision CFvistopher B. Coleman, Mayor 400 CY HaZI i1' Te7ephone: 651266-8710 ISWestKelloggBlvd Facsimi1e:651298-56I9 5aintP¢u1, M'mmesoia 55102 r November 8, 2007 NOTICE OF VIOLATION Owner/Manager ALIS, Inc. 43 - 7�` Street West St. Paul, MN 55102 RE: All the licenses held by ALIS, Inc., d/b/a ALIS, Inc. far the premises located at 43 - 7` Street West in Saint Paul License ID # 20050000601 Dear Sir/Madam: The Department of Safety and Inspections (DSI) has recommended adverse action against all the licenses held by ALIS, Inc., d/b/a ALIS, Inc. for the premises located at 43 - 7`� Street West in Saint Paul. The basis for the recommendation is as follows: On July 6, 2007, St. Paul Police were called to your establishment with information that a suspect with felony warrants for his arrest was inside (CN #07-130-983). When they arrived, the suspect was found inside and placed under arrest. During the course of the arrest, St. Paul police found three non-lethal firearms and a handgun with a scratched off serial number under the counter in plain view. Possession of a handgun with an altered serial number is a felony in violation of Minn. Stat. § 609.667. Possession of a non-lethal firearm is a misdemeanor violation of the Saint Paul Legislafive Code § 225.02(b). This is a violation of the Saint Paul Legislafive Code § 310.06 (b)(6a). "The Licensee or applicant (or any person whose conduct may by Zaw be imputed to the licensee or applicant) has violated ... any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith." Therefore, per Saint Paul Legislative Code §310.05 (m)(5), the licensing office will recommend a $2,000.00 matrix penalty far the commission of a felony on the premises by a licensee or employee. AA-ADA-EEO Employer ALIS, Inc. r November 8, 2007 Page 2 At this time you have three opfions on how to proceed: (_.. d��l?'�D 1. You can pay the recommended $2,000.00 matriY penalty. If this is your choice, you should make payment directly to the Deparhnent of Safety and Inspections (DSn, at 8 Fourth Street East, Suite 200, Sf. Paul, Miunesota 55101-1002 no later than Monday, November 19, 2007. Information should be directed fo the attenrion of Christiue Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the penalty will be considered to be a waiver of the hearing to which you are entitled. 2. If you adxnit the facts, but contest the penalfy, you may haue a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter no later than Monday, November 19, 2007. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the penalty. You will have an opporttuiity to appeaz before the Council and make a sfatement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Admnustrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Monday, liTOVeinber 19, 2007, and I will take the necessary steps to schedule the admiuistrative hearing. If you have not contacted me by that date, I will assume that you do not contest the imposition of the $2,000.00 matrix penalty. In that case, the matter will be placed on the Council's Consent Agenda for approval of the penalty. If you have any questions, feel free to call me or haue your attorney call me at (651) 266-8710. Sincerely, �� Rachei Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Raad Alomburak, 450 Manor Drive NE, Spring Lake Park, MN 55432 Ms. Betry Moran, Community Organizer, West SeventhlFort Road Federaflon 974 West Seventh Street, St. Paul, MN 55102-3520 AA-ADA-EEO Employer STATE OF MINNESO"� ` � ss. COUNTY OF RAMSEY ) 07-/�� Julie Kraus, being first duly sworn, deposes and says that on the 8�` day of November, she served the attached NO'TICE OF VIOLATION by placing a irue and correct copy thereof in an envelope addressed as follows: Owner/Manager ALIS, Inc. 43 - 7` Street West St. Paul, MN 55102 Raad Alomburak 450 Manor Drive NE Spring Lake Pazk, MN 55432 Ms. Betty Moran, Community Organizer West Seventh/Fort Road Federation 974 West Seventh Street St. Paul, MN 55102-3520 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. , I�..l�,�, Julie Kraus Subscribed and sworn to before me this 8�` day of November, 2007 o ary Public AFFIDAVIT OF 5�.�'ICE BY U.S. MAIL RITA M. BOSSARD NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRESJAN 31,201 D �=.�.-..� '�r• o��=y a �-la� �� ,, � .. �� i��s_; �a�� tr�n-+��y f�ce+a�c (.�. Ctvi� �tvts�o,� ��'$Q� - lC:e t-t � � � c,�� . ,, : 5'7 .�Au� � M�► ��,� �� -'�' L�-{ ` � h,U � pir �� , ��i ,S'fi. �a,.� �f,t.-� ,�,,,,�,_„Q �� ¢�w %a.p J' U �F P/r�c-- Gyc— V �t.2e...- c� eLc `/�c's l�.� {�y • --- ----- --- --- —� �--- ---- -•— _ � � � � �� W �� , __, _-------_---- �`U � t � 200� � - -�� 609.667, Minnesota Statutes 7�07 �, Page 1 of 1 ( �� Legislature Home � Links to the Wortd � Help � Ac S� �� f t�,e�i!isv� ��s 07�/a-�O House � Senate � Joint Departments and Commissions � Bill Search and Sfatus � Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Cha�ter 609 Tabie of Contents 609.667, Minnesota Statutes 2007 Copyright OO 2007 by the Office of Revisor of Statutes, State of Minnesota. 609.667 FIREARMS; REMOVAL OR ALTERATION OF SERIAL NUMBER. Whoever commits any of the following acts may be sentenced to imprisonment for not more than five yeazs or to payment of a fine of not more than $10,000, or both: (1) obliterates, removes, changes, or alters the serial number or other identificarion of a firearm; (2) receives or possesses a fireann, the serial number or other identification of which has been obliterated, removed, changed, or altered; or (3) receives or possesses a firearm that is not identified by a serial number. As used in this section, "serial nuxnber or other identification" means the serial number and other informarion required under United States Code, title 26, section 5842, for the idenrification of fireanns. History: 1994 c 636 art 3 s 22 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http:/hosleg.rrm/Uin/getpub.php?pubtype=STAT CHAP_SEC&yeas=current&section=6... 10/25/2007 Chapter 225. Weapons* Page 1 of 4 . � �� Chapter 225. Weapons* • Sec. 225.01. Definitions. • Sec 225 02 Possession of weaoons and non-lethal firearms orohibited • Sec. 225.03. Transoortation ot non-Iethal firearms: assault weapons or knives. • Sec. 225.44. License required to se11 firearms. • Sec. 225.05. Permits and reaistrations • Sec. 225.06. Discharqe of firearms. • Sec. 225.07. Penalti 0 7-��-� *Editor's note--C.F. No. 07-116, § 1, adopted February 28, 2007, has been treated as effectively repealing former ch. 225, §§ 225.01--225.12, and adding a new ch. 225. Former ch. 225 pertained to similar subject matter; and derived from the Code of 1956, § 425.01--425.11; and Ord. No. 16817, adopted August 20, 1981; Ord. No. 16861, adopted December 10, 1981; Ord. No. 16883, adopted February 11, 1982; Ord. No. Y6902, adopted April 8, 1982; Ord. No. 17227, adopted April 9, 1985; Ord. No. 17824, adopted May 2, 1991; Ord. No. 17844, adopted June 18, 1991; C.F. No. 95-521, adopted June 7, 1995; and C.F. No. O1-350, adopted May 2, 2001. Sec. 225.01. Definitions. The following terms shall have the following meanings: Ammunitlon shall mean any projectile, bullet or other mass prepared for insertion in and propulsion from any firearm. Assault weapon shall mean any weapon other than a firearm or military-type weapon having the personal assault characteristics of any sap, numchucks, blackjack, slungshot, slingshot, sand club, chain ctub, metal knuckles, shurikens or yawara stick. Concealed manner shall mean having the object on the person in such a manner so that it is not completely visible to any other person. Having a knife in a sheath shall be considered as having the knife concealed, irrespective of position of the sheath on the person. Fi�ea�m shall mean any weapon from which is propelled any missile, projectile, bullet or other mass through a barref by means of explosives or gas or air, excluding devices used exclusively for the firing of stud cartridges, explosive riveks or similar industrial apparatus and instruments or equipment when used by Iicensed physicians or veterinarians in the course and scope of their professions. Handgun shall mean any firearm having a barrel of less than twelve (12) inches in length and capable of being concealed on the person. "Handgun" or "firearm" does not include a device firing or ejecting a shot measuring eighteen one- hundredths (0.18) inch or less in diameter and commonly known as a"BB gun," a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys ; nor does either term include an "antique firearm," which means any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 and any replica of any firearm or handgun described herein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or conventional centerfire ammunition, or uses conventional rimfire or conventional centerfire ammunition which is not readily available in the ordinary channels of commercial trade. Knife shall mean dirk, dagger, stiletto, switchblade knife, spring blade knife, push button knife, a folding knife with a blade in excess of four (4) inches, a machete, a bayonet, or any fixed-blade knife, carried in a concealed manner or within reach of any person in a motor vehicle. Milifary-Lype weapon shall mean any destructive device and the ammunition designed only for such device having firepower, mass, explosive or incendiary characteristics of weapons such as cannons having a bore diameter larger than one-half (1/2) inch, bazookas, machine guns, fully automatic weapons, mortars, grenades, Molotov cocktails, but not including shotguns, rifles, pistols or revolvers. Non-lethal firea�m shall mean any object which substantially duplicates an actual firearm and which is capable of firing or ejecting a shot measuring eighteen one-hundredths (0.18) inch or greater in diameter unless: (1) The entire ex[erior surface of such non-lethal firearm is colored white, bright red, brigfit orange, bright http://www.ci.stpaul.mn.us/code/1c225.htm1 10/25/2007 Chapter 225. Weapons* Page 2 of 4 e � � ��1�� yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or such non-lethal firearm is constructed entirely of trensparent or translucent materials which permits unmistakable observation of the firearm's complete contents; and (2) Such non-lethal firearm shall have as an integral part, permanently affixed, a blaze orange extension that extends at least six (6) millimeters from the muzzle end of the barrel of such firearm; and (3) Such non-lethal firearm does not have attached thereto a laser pointer. It shall not include a firearm that is intended to fire conventional rimfire or conventional centerfire ammunition, or uses conventional rimfire or conventional cente�re ammunition which is readily available in the ordinary channels of commercial trade. Numchucks shall mean any device constructed of two (2) solid cylindrical objects joined together on one (1) end by a chain, rope, thong or other such material. Officially recognized competitio� shall mean all competitions held under the sponsorship of a bona fide target shooting or sportsmen's club or bona fide educational institution. Park zone means an area designated as a public park by the city council or by the division of parks and recreation. Park zone includes the area within three hundred (300) feet or one (1) city block, whichever distance is greater, of the park boundary. Public building means any building, together with the immediate grounds upon which it is located, owned or occupied by a public or governmental entity, including, but not limited to, the city, county, state and the federal government. Public place means proper[y owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include: a person's dwelling house or premises, the place of business owned or managed by the person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility; or parades or similar public events for which a permit has been issued by the chief of police; or the woods, fields, or waters of this state where the person is present lawfully for the purpose of hunting or target shooting or other lawful activity involving firearms. Public event means an activity which is sponsored by a governmental entity, or an activity for which a permit is issued by the city, including, but not Iimited to, block parties, neighborhood festivals, parades, Riverfest, Saint Paul Winter Carnival cr Tasta of Minnesota. Secu�ed contarner shall mean a locked case legibly marked (weapon( having no mechanical features designed for immediate weapons removal or use and containing no other nonrelated objects; except that a(secured container( for a rifle or shotgun may mean a weapon case, such as leather, fibre, canvas or plastic, secured with a zipper, clasp, buckle or ties. Shurikens shall mean any metal device which has the shape of a multiple-pointed star, each point being sharpened and primarily designed to be thrown. Schoolzone means: (1) Any property owned, leased or controlled by a school district or an organization operating a nonpublic school, as defined in Minnesota Statutes, Section 123.92, subdivision 3, where an elementary, middle, secondary school, secondary vocational center or other school providing educational services in grade 1 through grade 12 is located, or used for educational purposes, or where extrecurricular or cocurricular adivities are regularly provided; (2) The area surrounding school property as described in item (1) above to a distance of three hundred (300) feet or one (1) city block, whichever distance is greater, beyond the school property; and (3) The area within a schooi bus when that bus is being used to transport one (1) or more elementary or secondary school students. Yawara stick shall mean any cylindrical-shaped object which has spheres on both ends and measures less than ten (10) inches in length. (GF. No. 07-116, § 1, 2-28-07) Sec. 225.02. Possession of weapons and non-lethal firearms prohibited. (a) No person shall keep, carry or have in his possession on any public street or being a trespasser upon the premises of another or in a public place in the city any military-type weapon, or any assault weapon, or any sEolen weapon, or any knife, except mifitary personnef or peace o�cers engaged in the course of their duties, uniess he holds a permit to possess the same as collector's item or for use in o�cially recognized competition. (b) No person shall keep, carry or have in his possession on any public street or being a trespasser upon the premises of another or in a public place in the city any nonlethal firearm. (C.F. No. 07-116, § 1, 2-28-07) http://www.ci.stpaul.mn.us/code/1c225.hhn1 10/25/2007 Chapter 225. Weapons* Page 3 of4 .. � � -_ 6�-/�� Sec. 225.03. Transportation of non-lethal firearms; assauit weapons or knives. (a) It shall be a misdemeanor to transport non-Iethal firearms, assault weapons, or knives in any manner unless: (1) The nonlethal firearm is: a. Unfoaded and in a gun case expressly made to contain a firearm, and the case fufly encloses the nonlethal firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the non- lethal firearm exposed, or b. Unloaded and in the closed trunk of a motor vehicle. (C.F. No. 07-116, § 1. 2-28-07) Sec. 225.04. License required to sell firearms. (a) 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. The fee for such license shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. (b) Upon application for issuance or renewal of license the licensee shall provide to the division his name, address and location of his business. (c) Such license may be revoked by the council for violation of any ordinance or law related to the conduct of the business. (C.F. No. 07-116, § 1, 2-28-07) Sec. 225.05. Permits and registrations. Permits and registrations required hereunder shall be accomplished in the following manner: (1) Any organization may register as a target shooting or sportsmen's club by filing a statement with the chief of police setting forth the names and addresses of the officers of said club, which shall be kept current by the club as the officers shall change from time to time. There shall be no fee for such registration, which may be revoked at any time by the council for any violation of laws or ordinances relating to firearms. (2) Any person not prohibited from owning or possessing firearms may obtain a permit to possess a military- type or assault weapo� as a collectors' item or to possess a military-type weapon for participatio� in o�cially recognized competition upon application thereof to the chief of police. Such application shall set forth the information required by appficabie state statute(s) with respect to handguns and shall, in addition, describe in detail the use to which the weapon is to be put. The chief of police shall issue such permit, without fee, if he concludes the applicant is of good moral character and intends to use the weapon for a lawful purpose. (3) Permits for gun training programs, gun shows, parades or other public events shall be issued by the chief of police upon application by the sponsor thereof, without fee. The permit shall set forth with particularity the date and place the event is to be held and may contain such limitations to protect the public safety as the chief of police shall deem necessary. (C.F. No. 07-116, § 1, 2-28-07) Sec. 225.06. Discharge of firearms. (a) When discharge pe�mitted. No firearm shall be discharged or attempted to be discharged within the city except in the foilowing cases: (1) In lawful defense of person or property against an unlawful act. (2) By persons holding permits to carry a firearm pursuant to state statute(s), peace officers or military personnel in the course of their duties and in necessary connection with enforcement of the laws. (3) By persons who discharge blank ammunition in connection with their participation in a public event for which a permit has been issued under section 225.05(3) or as a starter's gun for an organized athletic event. (4) Upon an indoor target range operated under the supervision of a registered target shooting or sportsmen's club. (5) Upon an outdoor target range operated under the supervision of a registered target shooting or sportsmen's club where shotg�ns are used. (6) In connection with a licensed camival, where the weapon is so secured as to prevent its being fired except within the confines of an enclosed range impervious to the passage of bullets. (7) By employees of the Como Zoo in the course of their duties. (8) By employees of the animal control division in the course of their duties. (b) Acts deemed atfempt to discharge firea�m. For the purposes of this section, any person who does any of the following acts is guilty of an attempt to discharge a firearm: (1) The person draws a loaded firearm from a bag, holster or any other container or place of concealment; hrip://www.ci.stpaul.mn.us/code/Ic225.htm1 10/25/2007 p Chapter 225. Weapons'� (- (_ Page 4 of 4 ��a-� (2) The person draws an unloaded firearm from a bag, hoister or any other container or place of concealment and the ammunition for such firearm is readily available; (3) The person points a loaded firearm at or toward their person, another person, an object or skyward; (4) The person points an u�loaded firearm at or toward their person, another person, an object or skyward and the ammunition for such firearm is readily available; (5) The person is carrying a firearm in a public place, or transporting a firearm in a vehicle in a public place unless the person has a permit to carry a firearm or the firearm is carried, possessed or transported in compliance with applicable state statute(s); (6) The person is in possession of a firearm in a room where controlled substances a�e found and the firearm was loaded or the flrearm was unloaded and ammunition for such firearm is readily available; (7) 7he person does any other act, with the intent to discharge a firearm, which constitutes a substantial step toward and is more than preparation for the discharge of a firearm. (c) Definitions. For the purpose of this section, the following terms have the meaning given them: (1) Readily available. With respect to ammunition, this term shall mean any ammunition in the person's possession, or within the person's reach, whether boxed or otherwise, or in any device designed for rapid loading of the firearm. (Z) Controlled substance shall be defined by the provisions of Minnesota Statutes, section 152.01, subdivision 4. (3) Firea�m includes all weapons under section 225.01 of this chapter defining firearms and handguns. (C.F. No. 07-116, § 1, 2-28-07) Sec. 225.07. Penalties. Any person violating any provision of this chapter may be punished as provided by the Saint Paul Legislative Code section 1.05. In addition, any firearm, no�Iethal firearm, assault weapon or knife in possession of such person and used or possessed in violation of statute or ordinance shall be confiscated a�d sold, destroyed or othenvise disposed of by the department of police in accordance with the Saint Paul Administrative Code, section 5.02(5). Conviction of any violation shall work an automatic revocation of all registrations, permits and licenses held hereunder by the violator. (C.F. No. 07d16 § i, z-zs-o�� http://www.cistpaul.mn.us/code/Ic225.htm1 10/25/2007 Chapter 310. Uniform Licens Procedures Page 1 of 1 � � d7—/��-b m) Presumptive penalties for certain violations, The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shali apply to all iicense types, except tfiat in tfie case of a violation invofving a fiquor llcense t 409.�6 shall apply where a specific violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from tfiese standards, Ehe councif shalt provide written reasons tha[ specify why the penalty selecYed was more appropriate. Type of Vio(ation Appearance lst 2nd $1,000.00 fine $1,000.00 frne 10-day suspension $1,500.00 Revocation 60-day suspension 3rd 4th (1) Violations of conditions placed on the license $500.00 fine (2) Violafion of provisions of the legislative code $500.00 fine relati�g to the licensed activity (3) Fa'rlure to permit entrance or inspection by 5-day LIEPinspector or police suspension (4) Commission o( a crime other thart a felony on $700,00 the premises by a licensee or employee (5) Commission of a felony on the premises by a $2,000.00 licensee or employee (6) Death or great bodily harm in establishment 30-day related to violation of Iaw or license conditions suspension (7) Failure to pay license fees Revocation $2,000.00 fine and 10- Revocati day suspension $2,000.00 fine and 10- Revocati day suspension 25-day suspension Revocati 5-day suspension n/a Revocation Revocati n/a n/a (i) Fines payable without hearing. Notwithstanding the provisions of section 310.05(c), a Iicensee who would be making a first or second appearance before the council may elect to pay the fine to the department without a council hearing, unless the �otice of vioiation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive flne amount. Payment of the recommended fine will be �onc�dered te be a waiver of the hearing to which the licensee is entitled, and wi!1 be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. http://www.ci.stpaul.xnn.us/code/Ic3I0 .html l 10/24/2007