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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 la (d) (2008), the Certificate of Occupancy 7 was revoked for the building and the licensee has delinquent license and late fees in the amount of 8 $465.00; and 9 10 WHEREAS, the licensee did not respond to the Notice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 �- � �_.+_����_.�. �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: http://librazy2.municode.com/4472/DocView/1 006 1/1 /3 1 7/3 1 8?hilite=310 06; 2/24/2009 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 http://library2.municode.com/4472/DocView/1 006 1 /1/3 1 7/3 1 8?hilite=310 06; 2/24/2009 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) http://library2.municode.com/4472/DocView/1 006 1/1/3 1 7/3 1 8?hilite=310 06; 2/24/2009 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. http://library2.municode.com/4472/DocView/10061/1/317/397 2/24/2009 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* http://library2.municode.com/4472/DocView/10061/1/317/397 2/24/2009 Chapter 422. Motor Vehicle Salvage Dealer� Page 1 of 3 �� �375' 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. http://library2.municode.com/4472/DocView/10061/1/317/419 2/24/2009 Chapter 422. Motor Vehicle S�ivage Dealer* Page 2 of 3 �-?7�S (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. http://library2municode.com/4472/DocView/10061/1/317/419 2/24/2009 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. Page 3 of 3 G�('�7?`l (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