09-375Council FYIe # �' 7 -rj
Green Sheet #
RESOLUTION
C1TY„O� SA1NT PAUL, MINNESOTA /3
Presented by
1 W FIEREAS, adverse action was taken against the Second Hand Dealer - Motor Vehicle, Auto
2 Repair Garage and Motor Vehicle Salvage Dealer licenses held by A-1 Import Auto Parts, Inc., d/b/a A-1
3 Import Auto Parts, Ina (License ID#19980000537 and License ID#0014669) for the premises located at
4 388 Como Avenue in Saint Paul, by Notice of Intent to Revoke Licenses dated Februazy 24, 2009, alleging
5 the licensee no longer holds State active licenses required for licensed premises in violation of Minn. Stat.
6§ 168.27, subd. la (b) (2008) and Minn. Stat. § 168.27, subd. la (d) (2008), the Certificate of Occupancy
7 was revoked for the building and the licensee has delinquent license and late fees in the amount of
8 $465.00; and
9
10 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses because the
11 notices sent to the licensed address and licensee's last known home address were returned "unable to
12 forward"; and
13
14 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to contest the
15 allegation or request a public hearing by Mazch 6, 2009, that the matter would be placed on the consent
16 agenda to impose the recommended penalty; now, therefore, be it
17
18 RE50LVED, that the Second Hand Dealer - Motar Vehicle, Auto Repair Gazage and Motor
19 Vehicle Salvage Dealer licenses held by A-1 Import Auto Parts, Inc., d/b/a A-1 Import Auto Parts, Inc. are
20 hereby revoked.
Requested by Departrnent of:
4l ��
By �� �}�2,c./�J
Form ApP �oved by City Attorney
BY� II..Lt - � _� ` Litr/1
Adoption Certified by Co ncil Seczetazy Form Approved by Mayor for Submission to Council
BY� LLL/! • �i�S/�i9 BY� °�`�� .�-///4z!4 nna�
Approve¢ Date /'f
t
By:
Adopted by Council: Date ����ery'
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
De artmenU�ce/Council: � �' ���
P � Date Inkiated:
S� _Dept.ofSafety&Inspections � y4MAR-09 �I Green Sheet NO: 3068928
Contact Person & Phane:
Rachel Tiemey
266-8710
Must Be on CouncijA9 enda by
08-APR-09 ( (`M c n u
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: �uiie Kraus
Conpd Phone: 26G8776
�
Assign
Number
For
Routing
Order
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�_.+_����_.�. �e����o�erson mmauuare �
0 �pepk of Safetv & Inspections �� � �
i
1 bept of Safetv & Inspections I Department D"uector � I
2 'CiLV Attorpev i �
3� aYOr's Office I Ma odA.ssistant �
4 �opnn7 i ----- � � �
Total # of Signat P ag es _ (Clip Al Lo for Signature)
Action Requested:
Approval of the attached resolution to take adverse acrion against the Second Hand Dealer-Motor Vehicle, Auto Repair Gazage and
Motor Vehicle Salvage Dealer licenses held by A-1 Import Auto Parts, Inc. d(b/a A-1 Import Auto Parts, Inc. (License ID
#19980000537 and #0014669) for the premises located at 388 Como Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Plan�ing Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
'I. Has this person/firtn ever worked under a contract for this depaAment?
Yes No
2. Has this personlfirm ever been a city employee�
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cuvent city employee?
Yes No
F�cplain all yes answers on separete sheet and attaeh to green sheet.
Initiating Probiem, Issues, Opportuoity (Who, What, When, Where, Why):
Licensee no longer holds State Ac6ve licenses required to operate at the licensed premises in violation of Minn. Stat. Secrion 16527,
subd. la(b) (2008) and Minn. Stat. Section 168.27, subd. la (d) (2008), the Certificate of Occupancy has been revoked for the building
and the licensee has delinquent license and late fees in the amount of $465.00. After norification, licensee did not respond to Norice of
Intentto Revoke Licenses.
AdvanWges If Approved:
License Revocation.
DisadvanWges If Approved:
Disadvantages If Not Approved:
ToWi Amount of
Transaction:
Funding Source:
Financiat Information:
(Explain)
CostlRevenue BudgeMd:
Activity Number:
March 24, 2009 3:00 PM Page 1
�
09��7�'
OFFICE OF THE CITY ATTORNEY
John J Choi,C�tyAttomey
SetNT
°^°� CITY OF SAINT PAUL CivtlDiviswn
� Chnstopher 8 Coleman, Mayor 400 Ciry Hall Telephone 651 266-8710
15 West Kellogg Blvtl. Facs�mile. 651 298-5619
AAAA Saint Paul, Minnesofa 55102
February 24, 2009
NOTICE OF INTENT TO REVOKE LICENSES
A1 Nadimi
A-1 Import Auto Parts, Inc.
388 Como Avenue
St. Paul, MN 55103
RE: Second Hand Dealer — Motor Vehicle, Auto Repair Gazage and Motor Vehicle Salvage
Dealer licenses held by A-1 Import Auto Parts, Inc, d/b/a A—I Import Auto Parts, Inc. for
the premises located at 388 Como Avenue in Saint Paul
License ID #19980000537 & License ID #0014669
Deaz Mr. Nadimi:
The Department of Safety and Inspections (DSI) has recommended revocation of the
Second Hand Dealer — Motar Vehicle, Auto Repair Garage and Motor Vehicle Salvage Dealer
licenses held by A-1 Import Auto Parts, Inc., d/b/a A-1 Import Auto Parts, Inc. for the premises
located at 388 Como Avenue in Saint Paul. The basis for the recommendation is as follows:
On February 9, 2009, a DSI Inspector was informed by the State of
Minnesota that there are currently no State active licenses issued for
your establishment. Your Second Iiand Dealer — Motor Vehicle, Auto
Repair Garage and Motor Vehicle Salvage Dealer licenses, which
required a State license, have been marked as "out of business" per State
records.
This is a violation of Minn. Stat. §168.27 Subd. la (b) (2008) which
states: "No person sha[I engage in the business of selling used motor
vehicles or shaU offer to sell, solicit, deliver or advertise 2he sale of used
motor vehicles without fzrst acquiring a used motor vehicle license" and
Minn. Stat. §168.27 Subd. la (d) (2008) which states: "Noperson shall be
primarily engaged in the business of buying or otherwise acquiring
vehicles for the purpose of dismantling the vehicles and selling used parts
and the remaining scrap metals withoutfirst acquiring a used vehicle parts
dealer license. "
Affirmative Action Equal Opportunity Employer
A-1 Import Auto Parts, Inc.
February 24, 2009
Page 2
��-�75
Also, the Certificate of Occupancy has been revoked for the building at
388 Como Avenue and it is currently registered as a Category 3 Vacant
Building per City Records.
Finally, on February 9, 2009, you were sent a RENEWAL INVOICE
from DSI stat'sng that your Motor Vehicle Salvage Dealer license expired
as of November 8, 2008 and you now owe $465.00 in delinquent license
and late fees.
Per Saint Paul Legislative Codes §310.06 (b) (5); §401.01 (a) and §422.01 (a), the licensing
office will recommend revocation of your Second Hand Dealer — Motor Vehicle, Auto Repair
Gazage and Motor Vehicle Salvage Dealer licenses.
At this time, you have two options on how to proceed:
If you wish to admit the facts but contest the penalty, you may have a pubiic 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 heazing. We will need to receive your letter by
Friday, March 6, 2009. The matter wili then be scheduled before the City Council for a
public heazing to determine whether to revoke your licenses. You will have an
opportunity to appear before the Council and make a statement on your own behalf.
2. If you dispute the above facts, you can request a heazing before an Administrative Law
Judge. At that hearing both you and the City will be able to appear and present witnesses,
evidence and cross-examine the other's witnesses. The St. Paul City Counci] will
ultimately decide the case. If this is your choice, please let me know by Friday, March
6, 2009, and I will take the necessazy steps to schedule the administrative hearing.
If you have not contacted me by that date, I will assume that you do not contest the
revocation of your licenses. In that case, the matter will be placed on the Council's Consent
Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
�.���� � �,�
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Al Nadimi, I 176 Long Lake Road, New Brighton, MN 55112-6432
Tait Danielson Castillo, Exec. Director, Thomas-Dale District 7 Planning Council
533 North Dale Street, St. Paul, MN 55103
Affirmative Action Equal Opportunity Employer
STATE OF MINNESOT
� ss. AF�'IDAVIT OF SEx.JICE BY U.S. MAIL
COUNTY OF RAMSEY )
b�°���
Julie Kraus, being first duly sworn, deposes and says that on the 24` day of February, she
served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and
correct copy thereof in an envelope addressed as follows:
A1 Nadimi
A-1 Import Auto Parts, Inc.
388 Como Avenue
St. Paul, MN 55103
A1 Nadimi
1176 Long Lake Road
New Brighton, MN 55112-6432
Tait Danielson Castillo, Exec. Director
Thomas-Dale District 7 Planning Council
533 North Da1e Street
St. Paul, MN 55103
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Juli aus
Subscribed and sworn to before me
this 24�' day of Februazy, 2009
-��.� �� ���
� dtazy Public
RRA M. 80SSARD
W1ARY PUBLIC • M IM�ESOTA
MV COMb9SSION
, IXPIRESJAN.31.2010
�'� I � Page 2
Minn. Stat. § 168.27
of title on the motor vehicle and has registered the motor vehicle in accordance with ttvs chapter and chapters 168A and
297B, or the laws of the residence of the owner.
(o) "Wholesaling motor vehicles" means selling new or used motor vehicles to dealers for resale to the public.
Subd. la. Dealer license categories.
(a) No person shall engage in the business of sellmg new motor vehicles or shall offer to sell, solicit, deliver, or
advertise the sale of new motor vehicles without fust acquiring a new motor vehicle dealer license.
°(b) No person shall engage in the business of selling used motor vehicles or shall offer to se11, solicit, delrver, or
advertise ihe sale of used motor vehicles without fust acqu'uing a used motor vehicle dealer license.
(c) No person shall engage in the business of buying or otherwise acquuing vehicles other than hullcs; or offering to
buy or othercvise acquue, or solic�ting ox advertising the buying or acquiring of, vehicles other than hulks for processing
and selling the metal for remelting without first acquiring a scrap metal processor license.
For purposes of flris pazagraph, a°hulk" is a motor vehicle that is incapable, under its own power, of moving and is
incapable of transporhng persons or pzoperty and has had valuable used parts removed. Its sole value is its metallic
content.
,(d) No person shall be primanly engaged in the business of buying or otherw�se acquiring vehicles for the purpose
of disman[ling the vehicles and selling used parts and the remaining scrap metals without fust acquirmg a used vehicle
parts dealer license.
e(e) No person shall engage in the busmess of storing and displaying, offering to store or display, or solicihng or
advertising the storing or displaying, for sale, of damaged or junked vehicles as an agent or escrow agent of an insuLance
company without fust acquinng a vehicle salvage pool license.
( fl No person shall engage in the business of leasing motor vehicles or shall offer to lease, solicit or advertise to
lease motor vehicles without fust acquiring a motor vehicle lessor lmense.
(g) No person shall engage in the business of wholesaling motor vehicles to dealers for resale or shall offer to sell,
solicrt or advertise the sale of motor vehicles to dealers for resale without fust acquiring a motor vehicle wholesaler
license.
(h) No person shall engage m the business of auctiontno motoc vehicles for more than one owner at an auct�on or
shall offer to sell, solicit oz advertise [he sale of motor vehicles at auction without fust acquiring a motor vehicle
auctioneer license.
(i) No person shall engage in the business of brokering motor vehicles without first acquuing a motor vehicle
bcokei s license.
Subd. 2. New motor vehicle dealer.
(a) A new motor vehicle dealer licensee may sell, broker, wholesale, or auction and sohcit and advertise the sale,
brokerage, wholesale, or auction of new motor vehicles coveied by the franchise and any used motoz vehicles, and may
lease and solicit and advertise the lease of new motor vehicles and any used motor vehicles. New motor vehicle dealer
sales or leases may be either for consumer use at retail or for resale to a dealer. A new motor vehicle dealer may engage
in the business of buying or otherwise acquiring vehicles for dismantling the vehicles and selling used parts and
remaining scrap materials under chapter 168A, except that a new motor vehicle dealer may not purchase a�unked
vehicle from a salvage pool, insurance company, or its agent unless the dealer is also licensed as a used vehicle parts
dealer. Nothing in this subdivision requires an applacant for a dealer license who proposes to deal in: (1) new and
unused motor vehicle bodies; or (2) type A, B, or C motor homes as defined in section 168.002, subdivision 27, to have
a bona fide contract or franchise in effect with either the fust-stage manufacturer of the motor home or the manufacturer
or dishibutor of any motor vehicle chassis upon which the new and unused motor vehicle body is mounted. The
modificarion or conversion of a new van-type vehicle into a multipurpose passenger vehicle which is not a motor home
does not constitute dealing in new or unused motor vehicle bodies, and a person engaged in the business of selling these
van-type vehicles must have a bona fide conRact or franchise with the appropriate manufacturer under subdivision 10. A
van converteL or modifiez who owns these modified or comerted van-type vehicles may sel] them at wholesale to new
motor vehicle dealers having a bona fide contract or franchise with the fust-stage manufacturer of the vehicles.
Chapter 310. Uniform LicensP Procedures
Page 1 of 3
�j��75
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Counci/ may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for
a license, as provided in and by these chapters. Adverse actions against entertainment licenses
issued under chapter 411 of the Legislative Code may be initiated for the reasons set forth in
subsection (b) below, or upon any Iawful grounds which are communicated to the license holder
in writing prior to the hearing before the council. Such actions shall be initiated and carried out in
accordance with the procedures outlined in section 310.05; provided, however, that the formal
notice of hearing shall be used to initiate the adverse action without the use of prior procedural
steps.
(b) Basis for action. Such adverse action may be based on one (1) or more of the following
reasons, which are in addition to any other reason specifically provided by law or in these
chapters:
(1) The license or permit was procured by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written misstatements
or misrepresentations of material facts in or accompanying the application.
(3) The license was issued in violation of any of the provisions of the zoning code, or
the premises which are licensed or which are to be licensed do not comply with
applicable health, housing, fire, zoning and building codes and regulations.
(4) The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license.
(6) a. The licensee or applicant (or any person whose conduct may by law be imputed
to the licensee or applicant) has violated, or performed any act which is a violation of,
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;
b. The licensee or applicant has been convicted of a crime that may disqualify
said applicant from holding the license in question under the standards and
procedures in Minnesota Statutes chapter 364; or
c. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or permitted a pattern or
practice of conduct of failure to comply with laws reasonably related to the
licensed activity or from which an inference of lack of fltness or good character
may be drawn.
(7) The activities of the licensee in the licensed activity created or have created a
serious danger to the public health, safety or welfare, or the licensee performs or has
pertormed his or her work or activity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains or
permits conditions that unreasona6ly annoy, injure or endanger the safety, health,
morals, comfort or repose of any considerable number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under chapter 114 of the Saint Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
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Chapter 310. Uniform License Procedures
Page 2 of 3
!�/'�7�
physical abuse, assaults or violent actions done to others, including, but not limited to,
actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes
sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreatment of a
child as defined in Minnesota Statutes section 626.556, subdivisions 2 and 10e,
including, but not limited to, acts which constitute a violation of Minnesota Statutes
sections 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; negfect or
endangerment of a child as defined in Minnesota Statutes section 626.557, subdivision
2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or barter of
a controlled substance as defined in Minnesota Statutes chapter 152; the possession of
a controlled substance as defined in Minnesota Statutes chapter 152 in such quantities
or under circumstances giving rise to a reasonable inference that the possession was for
the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a person of the good moral character or fitness
required to engage in a licensed activity, business or profession.
(11) The licensee or applicant has materially changed or permitted a material change in
the design, construction or configuration of the licensed premises without the prior
approval of the city council in the case of Class N licenses, the director in the case of
Class T Iicenses, and the inspector in the case of Class R licenses, or without first
having obtai�ed the proper buiiding permits from the city.
(12) The licensee or applicant has violated section 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parte contact with a council member as
provided in section 310.05(c-2) of the Legislative Code.
(13) The Iicensee violated the law or any license condition and that violation is related
to a death or great bodily harm, as defined in Minnesota Statute section 609.02, subd. 8,
in or near the establishment.
(14) The licensee has failed to pay license fees within sixty (60) days of the date the
fees are due. Licensee must pay any outstanding fees and delinquent fees in total.
Failure to do so within sixty (60) days of the due date may result in revocation of the
license. A revocation for this reason, however, is not considered a revocation resulting
from misconduct or unfitness of the licensee, evidence of violations of law involving
licensed premises, evidence that the appficant had been involved in the operation of a
nuisance, or fraud or deception in the license application. Therefore, the requirement of
§ 310.02(d) prohibiting re-application within one year of revocation shall not apply to
revocations under this paragraph.
The terms "licensee" or "applicanY' for the purpose of this section shall mean and include any person
who has any interest, whether as a holder of more than five (5) percent of the stock of a corporation, as
a partner, or otherwise, in the premises or in the business or activity which are licensed or proposed to
be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
�otwithstanding the foregoing provisions, neither the fack of good moral character or fitness of the
licensee or app�icant nor the content of the protected speech or matter shail be the basis for adverse
action against the license or appiication.
(c) imposition of reasonable conditions and/or restricfions. When a reasonable basis is found
to impose reasonable conditions and/or restrictions upon a Iicense issued or held under these
chapters, any one (1) or more such reasonable conditions and/or restrictions may be imposed
upon such license for the purpose of promoting public health, safety and welfare, of advancing
the public peace and the elimination of conditions or actions that constitute a nuisance or a
detriment to the peaceful enjoyment of urban life, or promoting security and safety in nearby
neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but
are not limited to:
(1) A limitation on the hours of operation of the licensed business or establishment, or
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Chapter 310. Uniform License Procedures
Page 3 of 3
a�-3�s
on particular types of activities conducted in or on said business or establishment;
(2) A limitation or restriction as to the focation within the licensed business or
establishment where particular type of activities may be conducted;
(3) A limitation as to the means of ingress or egress from the licensed establishment or
its parking lot or immediately adjacent area;
(4) A requirement to provide off-street parking in excess of other requirements of law;
(5) A limitation on the manner and means of advertising the operation or merchandise
of the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will harmonize
with the character of the area in which it is located, or to prevent the development or
continuation of a nuisance.
The inspector may impose such conditions on Class R licenses with the consent of the license holder,
or may recommend the imposition of such conditions as an adverse action against the license or
licenses; the inspector has the same power with respect to Class T licenses. The council may impose
such conditions on Class N licenses with the consent of the license hoider, or upon any class of license
as an adverse action against the license or licenses following notice and hearing as may be required.
Such conditions may be imposed on a license or licenses upon issuance or renewal thereof, or upon
and as part of any adverse action against a license or licenses, including suspension. Conditions
imposed on a license or licenses shall remain on such licenses when renewed and shall continue
thereafter until removed by the council in the case of conditions on Class N licenses or conditions
imposed by adverse action, and by the inspector in the case of Class R and T licenses.
(d) Standards for multiple license determination. In any case in which the council is authorized
to take adverse action against less than alf of the licenses held by a licensee, or applied for by
an applicant, the following standards may be used:
(1) The nature and gravity of the grounds found by the council to exist upon which the
adverse action would be based;
(2) The policy and/or regulatory goals for the particular licenses involved, either as
embodied in the Legislative Code or as found and determined by the council;
(3) The interrelationship of the licenses and their relative importance to the overall
business enterprise of the licensee or applicant;
(4) The management practices of the licensee or applicant with respect to each of such
licenses;
(5) The extent to which adverse action against less than all of the licenses or
applications would result in di�culty in enforcing and monitoring the adverse action
taken;
(6) The hardship to the licensee or applicant that would be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danger to the public, or to the public health and welfare, that
would result from adverse action against less than all of the licenses or applications.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, §
2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-
28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95;
C.F. No. 99-500, § 3, 7-7-99; C.F. No. 06-954, § 2, 11-8-06; C.F. No. 06-1072, § 2, 12-27-06)
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Chapter 401. Motor Vehicle and Parts Dealer*
Page 1 of 3
�' �J7`J
Chapter 401. Motor Vehicle and Parts Dealer"
*Cross references: Junkyards and junk dealers, Ch. 408; scrap and metal processors, Ch. 420;
motor vehicle salvage dealer, Ch. 422; automobile repair garage and body shop, Ch. 423.
Sec, 401.01. License required; definitions; exceptions.
(a) No perso� shall exercise, carry on or be engaged in the trade or business of new motor
vehicle dealer, secondhand motor vehicle dealer or secondhand motor vehicle parts dealer in
Saint Paul without a license.
(b) "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad
tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles
known as trackless trolleys which are propelled by electric power obtained from overhead trolley
wires but not operated upon rails.
(c) No license shall hereafter be granted
secondhand motor vehicle parts dealer upon a
railway iine, bus line or state trunk highway.
hereunder for commencing the business of
street in the city upon which is located a street
(d) The requirements of this chapter shall not apply to premises upon which vehicles are
accumulated and dismantled. Such premises, and the persons engaged in business thereon,
shall be licensed as provided in Chapter 408 as motor vehicle salvage dealers.
(e) Whenever any applicant proposes to limit his business to the buying and selling of used
motor vehicle parts and to exciude therefrom the use of any adjacent lot or {ots for the
dismantling of automobiles or for the processing or storage of motor vehicle parts, he shall not
be subject to the provisions of section 401.03(e), (� and (g), section 401.01(c) and (g), or
section 401.04.
(� Members of the armed forces of the United States engaged in the used motor vehicle parts
business and licensed therein prior to their entry into the armed forces shall not be construed as
entering and commencing said business, but shall be considered in the same status as
licensees continuing i� said business.
(Code 1956, §§ 343.01, 343.02, 343.07; C.F. No. 99-522, § 1, 7-7-99)
Sec.401.02. Fees.
The fee required for a license shall be established by ordinance as specified in section 310.09
(b) of the Legislative Code.
(Code 1956, § 343.03; Ord. No. 16883, 2-11-82; C.F. No. 99-522, § 1, 7-7-99)
Sec. 401.03. Appiication; requirements.
(a) New moto� vehicles. No license shall be issued to deal in new motor vehicles uniess the
appiicant is licensed under Section 168.27, Minnesota Statutes.
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Chapter 401. Motor Vehicle and Parts Dealer*
district.
(Code 1956, § 343.07)
Sec, 401.05. Hours; Sunday sales; dealing with minors.
Page 3 of 3
�1 � 3�5
(a) No person licensed under the terms hereof shall keep his o�ce or place of business open
for the transaction of business of any kind or character, except as herein otherwise provided, on
Sunday; nor shall any license hereunder permit any salesman or any other person acting on
behalf of such licensee to show or offer for sale a motor vehicle, new or used, on Sunday. No
person licensed under the terms hereof shall purchase or receive any motor vehicle or motor
vehicle part of any nature ftom a minor.
(b) The office or place of business of any such licensee hereunder
operated on Sunday for the purpose of the sale of gasoline and oil
public, and for the purpose of the parking of motor vehicles by such
therein, and no such sale of gasoline or oil and no such parking o
licensee therein on Sunday shall be deemed violative of this section.
(Code 1956, § 343.08)
Sec. 401.06. I nspectio n.
may be kept open and
by such licensee, to the
licensee, for the public,
f motor vehicles by said
Any person licensed under the provisions of this chapter shall, at all times during the term of
said license, allow the director of the department of police, inspector or officers of the police force of the
City of Saint Pau{ to enter the premises where said licensee is carrying on such business for the
purpose of inspecting such premises and inspecting the motor vehicles or motor vehicle parts or license
plates therein for the purpose of locating goods suspected or alleged to have been stolen or otherwise
improperly disposed of.
(Code 1956, § 343.05)
//St. Paul, Minnesota/CODE OF ORDINANCES City of SAINT PAUL, MINNESOTA
Codified through Council File No. 08-964, adopted Oct. 1, 2008. (Supplement No.
75)ITitle XXIX LICENSES/Chapter 401. Motor Vehicle and Parts Dealer*
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Chapter 422. Motor Vehicle Salvage Dealer�
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Chapter 422. Motor Vehicle Salvage Dealer`
'Editor's note: This chapter is derived from Ord. No. 16978, enacted Nov. 30, 1982.
Cross references: Motor vehicle and parts dealers, Ch. 401; automobile repair garage and body
shop, Ch. 423.
Sec. 422.01. License required; definition.
(a) No person shal! carry o� the business of motor vehicle salvage dealer in Saint Paul without
a license.
(b) For purposes of this chapter, the term "motor vehicle salvage dealer" means and includes
any person engaged in the business of obtaining used motor vehicles to salvage and sell usable
parts therefrom and who maintains a premises upon which to accumulate and dismantle such
vehicles. Any person who allows more than one (1) vehicle to be dismantled in whole or in part
on his premises in any six-month period or who allows any partially dismantled vehicle to remain
on his premises for more than thirty (30) days is a motor vehicle salvage dealer, unless he is
licensed as a repair garage under Chapter 315 or as a scrap metal processor under Chapter
420.
Sec.422.02. Fee.
The fee required for a license shall be established by ordinance as specified in section 310.09
(b) of the Legislative Code.
(C.F. No. 99-530, § 1, 7-7-99)
Sec. 422.03. Licensing requirements.
(a) Application. An applicant for an initial license under this chapter shall file with the
department of safety and inspections a written application signed by himself if an individual, by
all partners if a partnership, or by the president or chief executive officer if a corporation. The
application shall be signed under oath and shall contain the following:
(1) Name, residence and telephone number of every person having an interest in the
business in excess of ten (10) percent ownership.
(2) The trade name and address of the business on behalf of which the application is
made and its telephone number.
(3) Exact address and property description of the premises in the city where any part of
the business is to be carried on, together with a diagram of the premises showing with
exactness the location of abutting roads, properties, buildings and uses, and the
location, materials and design of all buildings to be used in the licensed business,
including structures required hereunder.
(4) Such other information as the inspector may reasonably require to assist the
council.
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Chapter 422. Motor Vehicle S�ivage Dealer* Page 2 of 3
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(b) Investigation. Upon receipt of an initial application, the department of safety and
inspections shall forward to the division of planning which shall cause due investigation to be
made and shall make report to the council within thirty (30) days, through the department of
safety and inspections.
(c) Hearing; council approval. Upon receipt of the report of the department of safety and
inspections, the council shall set a hearing on the application at which interested parties shall be
heard. Following hearing, the council may issue a license if it finds the proposed business and
its location are in accord with the public interest.
(C.F. No. 07-149, § 185, 3-28-07)
Sec. 422.04. License regulations.
Every licensee shall comply with the following conditions:
(1) The license required hereunder must be prominently displayed on the business
premises.
(2) The premises shall be maintained in a clean and orderly condition, free of rats and
other vermin, and free of standing water.
(3) A separate license shall be held for each business premises within the City of Saint
Paul, and no activity required to be licensed hereunder shall be conducted except upon
premises described in a license, other than necessary transport of materials to or from
ficensed premises.
(4) Weeds on the premises shall be kept cut to a height of not more than four (4)
inches.
(5) No fire hazards shall exist on the premises.
(6) No unreasonably noisy activity shall be carried on.
(7) No odoriferous waste or material likely to attract vermin shall be kept on the
premises.
(8) No material used in the business shaH rest on or protrude on any public property, or
be permitted to be blown off the business premises.
(9) The business premises shall be enclosed with an opaque, vertical fence or wall
maintained in good condition and not less than six (6) feet in height along any side which
can be seen from an automobile traveling an immediately adjacent controlled access
highway or through highway or which abuts residential buildings, residential property or
property whose use district classification is anything other than I-1, I-2 and I-3 Industrial
District, except that the council may waive the requirement for such fence or wall or
reduce the height of the same where a plan approved by the building official providing
for a tree planting and landscaping program is carried out which wifl effectively screen
the premises from public view.
(10) No licensee shall receive any material for use in the licensed business from any
person under the age of eighteen (18) years without the written consent of the parent or
guardian of such person, which shall be kept on file by the licensee for at least one (1)
year.
(11) Licensees shall be subject to reasonable inspection at reasonable times by proper
city officials as in the case of other licensed businesses.
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Chapter 422. Motor Vehicle �alvage Dealer*
Sec. 422.05. License not transferable.
Licenses issued hereunder shall not be transferable.
Sec. 422.06. Renewal, revocation and suspension.
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(a) Any person to whom an initial license has been issued hereunder may obtain renewal
thereof by filing an application with the inspector indicating any changes in the material
submitted with the initial application. The inspector shall circularize the application to those
officials who review initia! applications and the license shall be granted of course by the councif
unless, in its judgment, reports from city agencies or from the public demand a formal hearing
be held. Any application hereunder from a person holding a license under Chapter 408, as of
the efFective date of this chapter, with respect to an existing premises, shall be treated as a
renewal provided the licensee agrees to abide by the terms of this chapter wiYhin ninety (90)
days, but no initial licenses shail be granted hereu�der for other premises except in I-1, I-2 and
I-3 Industrial Districts.
(b) The council may revoke, suspend or refuse to renew the license of any person hereunder
for any violation of this or any other ordinance of the city, or of any statute or regulation of the
State of Minnesota or agency thereof.
//St. Paul, Minnesota/CODE OF ORDINANCES City of SAINT PAUL, MINNESOTA
Codified through Council File No. 08-964, adopted Oct. 1, 2008. (Supplement No.
75)/Title XXIX LICENSES/Chapter 422. Motor Vehicle Salvage Dealer*
http://library2.municode.com/4472/DocView/10061/1/317/419 2/24/2009