The URL can be used to link to this page

96-895�u 6 STi T�u �e - g �'l �°L � �{ 7 , ,'�i�Gfi/li/.r /— T� �'O�S �e� L', � 97 �oy RESOLUTION Council File # � ��l �� Ordinance # Green Sheet � 35' � CfTY OF SAINT PAUL, MINNESOTA Presented Raferred To Cotc¢nittee: Date 3 4 5 6 7 9 10 12 12 13 14 15 16 27 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLVED: That appli 'on for a F�*Ps-�^� License (I.D. #40567) applied for by St. Paul Firearms Co. (Gregg Alan Peddns, Presi ) at 634 Snetliug Avenue North, be and die same is hereby approve3 witfi the following conditions: 1. The floor area devoted to the sale guns and ammimition may not exceed 50% of the gross floor azea of the business. 2. The sale of fu�earms and ammunition a�y not excced 50% of the annual gross sales of the business. The license holder wi12 provide quarterly sales inforcnation ia a format deemed acceptable by LIEP, for tfie purpose of determining the percentage of business derived from the sa�e of firearms and ammunition. 3. Licensee shall commit no violation of azry locat transportadon, discharge or storage of firearms this or azry other of the following conditioas is � or federal law or regulation relating to the sale, possession, use, gpons, whether on or off the Iicensed premises. Any violation of Is for adverse action, including revocation of the license. 4. Licensee shall keep all weapons, Srearms and ammunih'b� in the licensed premises under security systems as required by applicable state and federai law and regulations (inclndingMN Stat. 624.7I61), and 'm addition shati keep ali firearms and weapons on display in the licensed premises secured fro�m removal from the licensed premises, except when sold or displayed to a customer for purpose of purchase. �\ 5. No person under 1 S shall be permitted to purchase any rifle or sfio� or any other firearm or weapon and no person under 21 shall be pemutted to purchase azry handgun or pistol in vio ation of state or federal law or regulations. The age af ait purchasers, whcre there is a nced or requirement to detemvne ag§ shall be ascertained prior to sale be demanding a MN Ihiver's License or other suitable picture ID. No person under the age of 18 shall be allowed to remain on the licensed premises untess accompanied by an aduit. `� � 2 3 4 5 6 7 q �- �9S 6. Licensee shall not display azry weapons or fueamis in the store windows which aze visible to passersby on the street. 7. Licensee shall sell all fueazms and weapons in strict comp]iance with all state and federal laws and regulations. Licensee shall not seil any machine guns or fuity automatic weapons on the business premises. 8. Violation of aay of the foregoing conditions shall constitute sufficiem grounds for adverse action against all licenses held by the licensee, in addition to any other grotmds for adverse action allowed by law. Requested by Department of: Office o£ License. Insnections and Env'ro ental rotection BY: _�'� ` / Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Byrm Approved by Ci� f/ GLr'� / '7/ ( Approved by Mayor for Submission to Council By: � Adopted by Council: Date ORIGfN�eL Council File # � � � Q - t� Ordinance # Green Sheet # "J�'� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referre8 To Committee: Date �7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 RESOLVED: That application (ID #40567) for a Firearms License by Saint Paul Firearms Co. DBA Saint Paul Firearms Co. (Gregg Perkins, President) at 634 Snelling Avenue North be and the same is hereby approved, subject to the Eollowing conditions, which are incorporated in and made a part of this license: 1. That the licensee shall not be or operate as a qun shop as de£ined in Section 60.207. G, of the Saint Paul Legislative Code. 2. That the licensee shall, on or before the lOth day of March, June, September, and December of each year submit a written report £or the previous quarter to the Director of the Office of License, Inspectians and Environmental Protection in such form and containinq such information as the said Director may prescribe relating to the gross sales derived from the sale of firearms and ammunition, as compared with the gross sales from a11 other goods or services, made on the licensed premises. The Dizector sha11 ask for such information as will be sufficient, in accordance with customary and usual accounting practice, to enable him or her to determine whether the licensed business is a gun shop under the gross sales test in Section 60.207. G. o£ the Legislative Code. 21 =__________°___________________________________________________________________________ 22 _______________ ______ =____—________= Requested by Department of: 23 Yeas Nays Absent 24 Blakev 25 Guerin Office of License, Inspections and 26 Harris 27 Mecrard Environmenta7. Protection 28 Rettman 29 Thune 30 Bostrom 32 ________________________________________ 33 Adopted by Council: Date BY� � y --�s�� 34 35 Adoption Certified by Council Secretary 36 Form Approved by City Attorney 37 �� 38 By: 39 By= •�� 40 Approved by Mayor: Date 41 42 Approved by Mayor for Submission to 43 By: Council 44 By: q4-�9S OEPp(iTMEMT/OFf��p�JNCIL DATEINfTtATED GREEN SHEE N� 35298 LIEP/Licensing INITIAWATE INRIALIDATE GOMACT PERSON g PNONE � DEPAFiTMENT DIRECTOR � CITY CAUNGL Christine Rozek, 266-9108 A��N �CfTYATfORNEY �CITYCLERK MUST BE ON COUIJCN. qGENDA BY (DATE) pp�nNG� O BUDGET DIRECTO O FIN. & MGT. SERVICE3 �Ifl. [� � � OROEN � MpYOR (OP ASSISTANT) a For hearia : r) TOTAL # OF SIGNATURE PAGES �(CUP ALL �OCATIONS FOR SIGNATUR� ACTION HE�UE5TED: Saint Paul Eirearms Co. DBA Saint P.aul Firearms Co. requests Council approval of its application for a Firearms License at 634 Snelling Avenue North (ID 540567). RECOMMENDaT10NS: Approw (A1 a Hejea (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEflVICE CAMMf5510N �• h� ��5 person9irm evet wwketl under a coMraci fOr fhis departmeM? - _ CIB COMMITiEE YES NO _ SinFF 2. Has this person/lirtn ever been a ciry employee? — YES NO _ DISiRICT CqUR7 _ 3. Does this personflirm possess a skill not normally possessetl by any current ciry employee? SUPPoflTS WHICH COUNGL OBJECTIVE7 YES NO ExplBin all yes anawer8 on seperate sheet antl attach to green Sheet INRIATING PROBLEM, ISSUE, OPPORTUNIT' (WhO, What. Whan, Where, Why): �� MAY 09 t99& � - xa.p ADVAMAGES IF APPROYED: DISA�VANTAGES IFAPPROVE�� 1#�� ,�� OfSAOVANTAGES IF NOTAPPROVEO: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: �EXPL4IN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCSIONAL ' MANUAL AVAfUtBLE fM THE PURCHASING OFFICE (PHONE NO. 298i225}. '" . ROUTING ORpER: Below are correct routings for the frve most frequent types of documeMS: � � CONTRACTS (assumes authorized budget exists) , CAUNCIL RESOLUTION (Amend Budgets/Acc�pt: Grants) 1. Outside Agency � 2. � Department Director 3. City Attomey � 4. Mayoi (tor contracts over $15.000) 5. Human Rights (for contracts over $50,000) 6. Fnance and Management Services Director 7. ' FinanEe Accowting ' ADMINISTRATNE ORDERS{BUdget Revision) 1. ActivRy Manager 2. Departmenf Accouotant � 3. Department Director 4. Budget Director 5. City Clerk 6. Chief Accountaot, Finance aad Maoagemeot Servicas ADMINfSTRkTfVE ORD,ERS (all oihers) t. Department Diractor 2. City A&ornay � � 3, Rnance and Management Services Direqor 4. � City Clerk � 1. peparhnent Director � �. ' . . - � 2. Budget Direcror � 3. City Atlomey 4. MayodAssistant , 5. Ciry Cauacd ' 6. Chief Accountant, Finance arW Nlanagemeqt Services COUN6IL RESOLUTION (aN others, and Ordfnances) 1. Depaftment Director 2. City Attomey , ' 3. Ma�ror Assistant 4. Gity Gounc7 � ' TOTAL NUMBER OF SIGNATURE PAGES , tc�dicate the 6`of pages on which signatures' are required and papeTeltp or flag eaeh of these pages. ' ACTION REQUESTED � Describe wfiat the�projecUrequest seeks to accomplish in either chronologi- cal order or order of importance, whicbever is most appropriate for the � issue. Do not write complete sentences. Begin eacA item in your Iist witA a vetb. RECOMMENDATtONS � � � Complete if the issue'in question has been presented be(ore any body, public or private. , � , , SUPPORTS WHICH COUNCIL OBJECTNE? � Indicate whicfi Council objective(s� your projeeVrequest supports by listinq ' the key word(a) (HOUSING, RECREATION, NEIGHBORHOdDS, ECONOMIC�DEVEIOPMENT, � BUDGET, SEWER SEPARATION). (SEE COMPLETE IIST lN 4NSTRUCTIONAL MANUAL.} � PERSONAt SERVECE CONTqACTS: � ' • ' � � � � ' This information, will 6e used to determine the ciry's liabiliry for workers compensation claims, taxes and proper civil sera�ice hir[ng rules. INITIATING PROBLEM, ISSUE. OPPORTUNITY Explain the situation or conditions ihat created a need for your project or requesL 0.DVANTAGESIFAPPROVED ' Indicate whether this is simply an annual budgeLprocedure required by faw/ charter or whether there are specfic ways in wtiich tlie City oF Saint Pauf and its dtizens will benefit from jhis projecVac6ort. � , DISADVANTAGES�FAPPROVED � ' � ' What negative effects o� major changes to existing or past processes might this projecUrequest produce if it is passed (e.g., traHic delays, noisa, tax inueases or assessmenGS)7To Whom? When? For,Frow long? DlSADVAN7AGES IF NOTAPPROVED . What will be the negative consequences it tbe promised action is not approved? Inability to deliver service? Continued higM1 treKc, noise, accident rate? Loss of revenue? , FINANCIAL IMPACT � � Althougb you �nust taibr ths information you provide here do the fssue you � are addressing, in generel you must answe� fwo questions: How much is it going to cost? Who is going to pay? ' G�eensneet # 35298 L.I.E.P. REVIEW CHECKLIST Date: 5/2/96 /�` G-�q 5 In 7rackei? App'n Recaived / App'n Processed License ID # 40567 License Type: Eirearms Company Name: Saint Paul Firearms Co DBA: same Business Addresss: 634 Snelling Ave N Business Phone: 647-9397 ContaCt Name/Address: Gregg Perkins> I757 Juliee Ave, 105 Home Phone: 698-7375 Date to Council Research: �/'f�,3��, 3�� D��D Pubiic Hearing Date:_ � Labels Ordered:_�, �� Notice Sent to Applicant: �� /� District Council #: �� 7"/'� � _ . �i . Notice Sent to Department/ Cfty Attorney Environmental Heaith Fire License Police Date Inspections 5 •2�- • 9 lo �. °.�O'� �v S'-2� O•K• Zoning �,� 3 0 P�. S Cld8�U1� 5s��',�' 1 Z'7 �►�c.. -�� .c�or��4L.- �.s i�a2 Gz Ward #: Comments o. K • �•�• �•�. Site Wan Received:_ tsase Fteceived: � • �o.`3b — . - 5 CLASS III CITY OF SAINT PAUL Once of licenu.Intpectfons LICENSE APPLICATION znd £mironmmW Protution ;<oxr.,as�s��ma�n � Six Aui, Ninacuu SS1P1 (61I) 256AN0 [u (6L') =669126 7'HIS APPLICAT70V iS SliB7ECT TO REVIEW BY THE PLBLIC PLEASE TYPE OR PRINT IN ItiK T}Pe of License(s) being applied for: T' �.�¢�'K rti.S co��y n•�: � c� -,, a- a c�.,a �•�. Cotponcion / Partnership / Sofe Propriuozship If business is incorporated, give date of incocpontion: � Doing Business As: Business Address: � 3 B r, � T � , i, Which - �e.. o,-. -- �-�. SVeet Address ��Y Between whaz cross sffeeu is the business located? �� .+ �—�� a-� +' Are the premiseg now occupied? �o � What T}Pe of Business? �� Mail To Address: C � � � S � � �� :.� �-R . �`J � �� . Sveet Addrus Appticant Infom ;�Tame and TiIIe: Fvst MidQte City PQ-,�l�;w� ��p �, euce c�y � � tree / [� � , J_ G. s �.G\•1 S � + 'h S �.' k _C•wa�—�tr (r.a__-O State Zip �..:-� S-� . �? F [.�. Last Tille Home Address: StreetAddrets / Aave you ever been convicted of aoy felony, crime or violation of any city ordinance other than traffic? YES _ NO� Date of arrest: R'here? Chazge: Conviction� Sentence: List the names and zesidences of three persons of good moral chazactes, ]iving within the Twin Cities Metro Area, not related to the applicant or financialiy interested in t6e premises or business, who may be referred to as to the applicants chazaeter: ATAME ADDRESS PHO;�TE -�� G`. -E� � r� �t � . F .w.,. �S List Aave y of the a ove n C��-�..�-�- Are you going to operate this ndy ol formerly hel ( / j,� or may have an interest in: � 4X.eL' � �a iaet- G G O -- ��-a ed licenses evu been revoked? � YES _ NO If } . - Ib o w� r�-.. ��4,n,� . — N o`E � L'1 v�� c ✓ `. w��1. firstN ame�`� MiddleIni6a1 �t6-�95 Are }'0�5 going to ha��e a manager or assistant in this business? _ 1'ES �,'�O ]f ehe manager is not the same as the operator, please complete the folloW�ing information: Frst:�ame Middle Initial (�Saiden) laa Date of Binh . Ho:ne Addras: Svee[ Name City Staie Zip Phonc Number Please list your employment history for the previous Gve (5) }eaz period: Business/EmnTovment Address List all other officers of the corpondon: OFFICER TITLE HO,'viE \AME (Office Held) ADDRESS HOA� BUSI1�`ESS DATE OF PHO\E PHO\'E BIRTH Iv L� � t{�.� ��-- � c If business is a parmership, please include the following informadon for each pazmer (use additional pages if nuessary): First Vame Home Address; SveU \ame First t�ame Home Addras: Sveet Na;ne Middle Middle Inival (Tiziden) City (Maiden) City Las[ Sra�e Lztt Scate Date of Bitth Zip Phone Number Date of Binh Zip Phone Number MII�TI�TESOTA TAX IDEI�'TIl�ZCATiON NUMBER - Pursuant to the Laws of Minnesota, 1984, Chapter 502, Article 8, Section 2(270.72) (I'ax Cieazance; Issuance of Licenses), ticensing authorities are requ'sed to provide to the State of Minnesota Commissionu of Revenue, the ?vIinnesota business ta�c ideotificauon number and che social securiry number of each license applicant. Under the ?vlinnesota Govemment Data Pracdces Act and the Federal Privacy Act of 1974, we are required to advise you of [he following regazding the use of the Minnesota Tax Ideodficaaon Number: - This informaaon may be used to deny tbe issaance or renewal of your license in the event you owe Minnesota sales, employer s � withholding or motoc vetilcle excise tazes; - Upon receiving ilus iaformafion, the licensing authority will supply it on(y to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to t6e Internal Revenue Senice, Minnesota Tax Identification Numbers (Sales & Use Tax \umber) may be obtained from tLe State of :vIinnesota, Bu,iness Records Department, 10 River Pazk Piaza (612-246-6I81). sa�� s��;ry x��: � � �- sw - 6 i s 3 Minnesota Taz Identifica6on iv`umber: � I� �S `S � ` If a Minnesota Tax Identificauon A'umbei_is not required for the business being operated, indicate so by placing an"X" in the boz. CEZTIFICATION OF N'ORKERS' COA4PE\SAT70N COVERAGE PtiRSUA\T TO MIN\ES07 A STATUTE 176.132 ��`� � S I hereby certify tha[ I, er my company, azn in com�liance u'ith the w�orkers compensation insurance coverage requirenxnu of :�4innesota Stamte 1i6.132, sub3i��ision 2. I also understand that procisi��a eC fal<e inform,tien in this cenification tonstitutes sufficient groundc for adverse action agains[ all licenses 6eld, including rerocauou xnd suspension of said licenses, Name of Insurance Company. Policy A'umber: Covera�e from to I have no employees covered under wori:ers' compensation insurance �_ AVY FALSIFICATION OF ANSR'ERS GIVEN OR !!'L�TERIAL SLB1iITTED PF'ILL RESLZT IY DE\LiL OF THIS APPLICATIOY I hereby state that I have answered all of tl�e preceding quesGons, and that che informauon contained herein is true and correct to the best of my knowledge and belief. I hereby state fuither that I hace rueired no money or other consideration, by way of ]oan, gifr, contribution, or otherwise, other than akeady disclosed ia the applicarioa u�hich I 6erewith submitied. I also understaod this premise may be inspected by police, fire, health and other city officiats at any and all rimzs when the business is in operation. � (REQLiIRED for all S Date *'"Note: ff this applicatioo is Food/I_iquor mlated, please contact a Ciry of Saint Paul Health Inspector, Steve Olson (266A139), to review plans. If any substantial cbanges to sCU:mre are zndcipated, plezse contact a Ciry of Saint Paul Plan F�aminer at 266-9007 to apply for building permiu. If there are any changes to the pazl:ing lot, fioor space, or for new operarions, please contact a City of Saint Paul Zoniog Inspector at266-9008. Additional application requiremenfs, please attach: A detaiied description of the design, location and squam footage of the premises to be licensed (site plan). The following data should be on the site pian (preferably on an 81/Z" x 11" or 8 L2" x 14" paper): - Name, address, and phone number. - The scate should be stated such as 1" = 20'. ^N should be indicated towazd the top. - PIacement of all pertinent features of the interior of the licensed facitity such u seating areas, }otchens, oftices, repair azea, paridng, rest rooms, etc. - Ff a reguest is for an addition or expansion of the licensed facility, indicate both the current area and the proposed expansion A copy of yow lease agreement or proof of ownership of the property. FOR SPECIFIC APPLICATION REQUIREMENTS, PLEASE SEE REVERSE >>>>, OS/O5/98 MON 15:39 FA% 612 859 1477 MHHP � 002 August 5, 1996 Kris Schwein].er City of St. Paul License and Inspectione 350 St. Peter Street Suite 300 St. Paul, MN 55101 Deas Kris: DAVID F&tNWACH3 ATTORNEV AND COUNSELOR AT LAb/ 7tY! IINIVER3Pt'Y AVE. ST. PAUI„ MRVNESOTA 66114 I b � �� Facsimile: 612/266-91�4 I have made a few changes to the proposed conditions which are indicated on the attached marked up copy. First, in condition #2, I have inserted the word reasonable in front of the word format. Second, in condition #3, I have deleted violations that do not occur on the premiaea_ Obviously, if a crime of any sort occurred, the City would be able to question the character of a license holder and this does not have to be incorporated into any other form of license condition. Third, in condition #4, I have deleted everything after reference to NID7 Stat. 624.7161 since Minnesota's pre-emption statute does not allow the City to impoae requireirtente greater than 624.716I. Next, in condition #5, I have inserted the word fireaxins before the word purchase to make it clear that this age verification requirement only appliea to the firearms licenae. If the City wishea to impoae age verifieation requirements for other proc2ucts, it can do ao an the appropriate licenses for those products. Finally, in condition #7, I have dE:leted the language referring to machine guns and automatic weapon.�. The sale of fully automatic weapons requires a separate federal license and if Mr. Perkins chooses to obtain such a iicense, he is free to se11 that type o£ merchandise as well as any other. Please accept Chie fax transmission as Mr. conditions as modified, Zf you l�ave any free to call me at fil2/641-1121. ere , avid _ ss � Attach. Perkins' consent to the questions, please feel RUG-05-1996 15�45 612 659 1477 97i P.02 US/05/98 MON 15:39 FA% 812 659 1477 DSHHP OfFlC£ OF r mc � INSPECIIONS p1rD BNVlRONMSNIALPROTECI(ON xoaerrxaak., o,.s�ror @loos I �-��S CTTY OF St1II�i'T PAUL ucnvsEa,� TelepM�: 612-266.9100 No�mColeman,Mayar INSPEL`170NS Faettmlla:6ld-2669124 350 Sr. Par 5voer SvRe300 SatmPauC Mimiraua 55101 I agrx to the following coaditions being placed on License TD #40567 for a Fireusas Dealer locatad at 634 Sneiling Avenue Nortl� as follows: 1. The 9oor area devoted to the sale of gims and ammunition may not ex,cecd 50% of the gross floor area of tiie business. 2. The sale of firearms and nmmweition may aot excead the majaity of the azmusl goss sales of the bwincss. The lieense hotder witi prrn�ide quazeedy sates infocatatioa in a� oxw ec�m '�' �^ acceptable by this office, Eo� the piupose of detecmining the percentage of business derived fCODl �LC 38�0 Of f.3IC8LmS 8IId ammnnitirm 3. Liceosee shall commit no violatian of any tocat, state or federat law or regulation relating to the sak, possession, use, transpoctatiuot�, discharge ar storage of fireazms or weapons, whd�er an��& the licensed premises. Aay vsol,alion of this or eny oYher of the followmg condrYions is grounds for adverse actioq including revocatioa of the licease. 4. Liceasce sball kap all Weapons, fueatms nnd amm�mition ia tbe lice9s�i pre�vses under security systems as snquited by appllcabL: state and Yederal law aucl regulatioas (including IvlNStat624.716I� n_ na - --,��-- a ' i ' �-- . �. 5. No pers� under 18 shall be permiued to purchase any rifle or shagun or azry other Sreaim or weapon and no peas� under 21 shall be peemitted to purchas� h or pistol in viotalion of state or fodecai law ot reguleaons. The age of 4 ic�as�whece theae �s a � re ` r �" n. need or requiremeat to detecmine age, shall be ascettained prior o salt be demand'ntg a MN Ihiver's Li�u ot otha suitable picture ID. No person under the age of 18 shall be nllowed ta remaia oa the liceased premises imless accompaaied by an adult. 6. Liceusee sball not display say weapons ar 6rearms in t6e store windows which are visible m passenby on ffie street. i � �� :��. .. � ..... .: �: u� � -�: �� l�.1".ti�i�.?i!i!4'b1�/ur:.wuu{�;�iC�!�fST_�i(� . � ry1�i=uty:�:-df �� 8. Violation of any of the foregoiag canditia�s shall constitute sufficient gcounds for adverse action against all licenses held by the lice+nsee, in addirion to any ot6er 8rovnds for adverse action allowed by law. Gregg Alan Pcrkins Owaer Date St, Pavl Fireamis Co, PUG-05-1996 15�45 612 659 1477 97i P.H3 � TEL� Rug 07 96 �� • . �� FAX �: FR : �� AATE: � �� : . �+�+i �a Councilmember Bobbi Megard, 266-8640 266-8574 Laura Melnick Heazing Procedures Re: St. Paul Firearms Co, 8/7l96 7 10�05 No.006 P.O1 i � -��S ��,SSAGEE: I am FAXing over a IeUer regarding our positiai on the issue of Council procedures for dealing with intended adverse action. i am also enclosing Mr. Pcrkins' intesrogalory responses, as ccrtified by his attorney, from July 14, 1996. The interrogatory responses couldn't be more clear in setdng forth Mr. Perkins' inabitity to comply with the proposed condition on the ncw license. These intenogatory responses are a matter of public record. Thcy state quite plainly that it is N4T POSSIBLE for St. Paul Firearms Company to determ�ne gross monthly sales of inerchandise Dy type or category. I hope that you will share these interrogatory responses with othcr members of the Councii. Tf you feel that it would be bettes for me to FAX these responses to other Council members, please let me know. Thank you again for a!1 of your help - you and Ann arc the only peoplc that have given us any hope over the years this matter has been dragging out! � TEL� C� Hon. Bobbi Megazd City Council 3rd Floor> Ciry Hal1 Sc. Paul, MN 55102 Rug 07 96 10:06 No.006 P.02 Laun Melnick HAMLINE-MIDWAY NEIGHIiORHOOD SI'ABILIT'Y COALITION 1697 Englewood Ave. Sc. Paut> MN 55104 (h) 646-72b8 (w) 222-5863 RE: Vocc 7'his Afternoon on New Liccnse for St. Paul Firearms Co. Augusc 7, I996 Dear Councilmember Megard: Today when you deliberatc abotu whac accion to take wid� regard [o rhe new license applicacion for d�e Sc Paul Fireauns Company, your atmmey will likely cell you thac if you intend co concemPlace ar cake advc7se accion of any sort aguesc thc license applicant, you must refer che maner ouc to an adminiscra�ive law judge for a hearing. THIS IS NOT TRUE. • The Uniform License Procedures (found in Chapcer 310 of d�e Sc. Paul Legislacive Cc�de) do require nocice and a hearing whenever tfie Council "may or in�ends to u�nsider any adverse action." However, �here is no tc�uimmenc thac d�e 6ea�"S ��°� � adminutracive law judge ln facc> Sec�ion 310.05 (a) icquires only "nocice and an opportuniry to be hcard." Scction 310•05(c) sratcs speci6cally that "[w]hen there is no dispu�e as to the facts... the hearing shall be hdd BBFO1tE THE COIJNClL" (emphasis added). � In this case, che faca chat those who oppose the license are presencing are all a macrer of public record or escablished facc, going back over �he pasc chree and a l�alf year hiswry of tlie gun shop. The fac[s are not in d"upuce, Courc fitcs, court dcasions, administrative law judge fwdinb�s, po6ce ��, and n�wspaper auounts are all a macoec of pu6lic record or established faa. YOU IIAVE THE AUTH�R17'Y (AI�ID, WE WOULD SAY, 'J'HE OBLIGAI'IOi•p TO DISPENSE WITH THIS MATTER IN THE MOS3' EFFiCIENT WAY POSSiIILG_ JUST VO� IVO AND SCHEDULE A HEARING BEFORE TH� COUNCIL SO THAT THE LICENSfl APPLICANT HAS AN OPPORTUNITY TO BE HEAItD. 'THAT IS ALL YOU HAYE TO DO, AND AI.L YOU SHOIJLD DO. Rcferring che maiccr ro an ALJ is passing che buck, and we've had che buck passed enough. The buck scops here. Sinccrcty, �� n �0�.�+- ,C 5(�t.x� Laura M�Inick HAMLINE-M1llWAY NEIVHAORI STABTLITY COALITION • TEL� STATE OF MINNESOTA COUNTY OF RAMSEY Hamline-Midway Neighborhood Stability Coalition, Jodi Bantley, Joette Hamann William Maloney and Laura Melnick, �laintiffs, v. St. Paul Ciry Council, City of St. Paul, and St� Paul Firearms Co., Defendants. Rug 07 96 DISTRICT COURT SECOND NDJCIAL DISTRICT FileNo. C2-93-]33G] CASE TYYL: • o ... . „ , . ST. PAUL �IREARMS CO.'S R�SPONSE TO PLAINTIF�'S' DISCOVERY REQUESTS (iST SET) T0: Plaintiffs Hamline-Midway Neighborhood Stabiiity Coalition, Jodi Bentley, Joette • Hamann, William Maloney, and Laura Melnick and thcir attomeys Kent G. Hazbison and Richard D. Snyder, Fredrikson & Byron, P.A., 1100 International Centrc, 900 Second Avenue South, Minneapolis, Minnesota 55402 Pursuant to the Order goveming discovery entered by the ltamsey County District Court on June 19, 1996, and subject to a protective order which will limit the disclosure of the answers to Interrogatories and resgonse to the Request for Production of Documents to Plaintiffs' attomey, and a representative of the Hamline-Midway Neighborhood Stability Coalition to be identified prior to production, Defendant, St. Pau! Firearms Co. provides the following responses to Plaintiffs' Discovery Requesu (First Set). I� �:� •: i► � CC• •: ►� State, for each month since November 1, 1993, the gross monthly sales of firearms and . ammunition made by St. Faul F'ueazms Company; state the gross monthly sales of any other rypes of goods sold by St. Paul Firearms Company; and identify al1 documents relied upon or referenced in answering this Intetrogatory. 10=06 No.006 P.03 TEL� C� ; •�. Rug 07 96 10�07 No.006 P.OA The attached sales figures represent the gross monYhly sales of inerchandise made by � St. Paul Firearms Company. lt is not possible for St PauI Firearms Company to determine ross monthl sales of inerchandise b e or cate o except for tobacco sales v. 1 other sales. St. Yaul Firearms Company does not, in its bookkeeping, distinguish between the sales of guns, ammunition, parts, high capacity magarines, feeding devices, antiques, war memorabilia, western pazaphemalia, military uniforms, books, magazines, bumper stickers, humorous postcards and dozens of other types of merchandise, all of which is sold by St. Paul Fitearms Company. Waz memorabilia, particularly Getman W W II items, often have avenge sale prices comparable to ot exceeding typica! firearms. The sa►es figures reported as non-tobacco sales include all of these categories of inerchandise and more. No legal requirement exists for St. Paui Firearms Company to account differently for its saies and, [herefore, it does noi. The only reason tobacco sales aze accounted for sepazately is that the rate of state tax relating to the sale of tobaceos producu is different that that of other types of general merchandise. St. Paul Firearms Company has a very small business, keeps records only to satisfy requiremenu of state and federal taxation. St. Paul Firearms Company has no computerized or automated system and relies on hand written joumals represcnting totals of each day's sales. (copies pTOVided) • In addition, aggregate sales figures a2so include the sale of guns, ammunition, and all other merchandise above refezenced at gun shows throughout the State of Minnesota, not oonducYed at St. Paul Fuearms Company And nol requiring any city licenswe. Such sales • aze lumped together for the convenience of Gregg Perkins for purposes of taxation but are not properly sales attributabie to the business for the purpose of any zoning detemtination. 1►� : : • • : • State the gross sales made by St. Paul Firearms Company for calendar year 1993, calendaz year 1994, and calendar yeaz 1995 to date; for each calendar yeaz identify which portion of the gross sates were amibutable to the sale of firearms and ammunition, and identify which portion of the gross sales wete attributable to the sale of other goods; identify all documents relied upon or referenced in answering this Interrogatory. s $��,SPONSE; Yeaz2y totals of gross sales made by St. Paul Fireums Company for the calendu years requested are provided below to the extent that they exist. As explained in the response to Inteirogatory No. 1, it is not possible to determine which ortion of ss sales are � attributable to firearms an ammun�tioa ut onl all enetal merchandise which includes firearzns an ammiuuUon as a ro ornon v. to acco sales. The documents relied upon are the han wntten journal ledgers which are included. z. TEL� � u� :;• •: ► s Aug 07 96. 10�08 No.006 P.05 Identify and state the names and addresses of any accounta�su ��or bookkeepers that assisted St Paul Fireazzns Company for calendar yeazs 1993, ] 944 and 1995 in any manner, and describe their activities with respect to St. Paul Pireazms Compaoy. ; • � .7.� Brian A. Obertneir, CPA 843 AOth Avenue Northeast Columbia Heights, Minnesota Mr. Obeimeir prepares the balance sheets and tax retums ior St. Paul Fireazms Company. i• � ::• •: .� Describe ail conversations between Gre�g A. Perkins and any employee of the Ciry of St. Paul relating to efforts to obtain andlor renew a firearms dealer's license at 634 North Snelling Avenue, St. Paul, Minnesota; siate the date or approximate date and location of each conversation; identify the parties present during the conversation, and state the subject matter of the conversation. • gF�PON .: Gregg A. Perkins has had dozens of conversations with numerous employees of the Ciry o$ Saint Paul relating to lus obtaining and renewing lus fireatms dealers license at 634 North Snelling. Mr. Perkins did not keep a log of these conversations or occurrences. However, shortly after the initial ruling by the Court of Appeals zeversing Judge Clazk, Mr, perkins did hava a conversation with Mr. Robert Kessler conceming the City's position regarding the Court of Appeals' decision. It is Mr. Perkins' recollection that this conversation occurred on approximately Apri127, 2995, at which time he was insuvcted by ivlr. Kessler that his firearms license would be treated as a renewal and processed accordingly. In addition to the conversations which Mr. Kessler had directly, his attorneys have had numerous conversations. .. • �: •:�� ► �_ �• lu ►1. :�� 1 a• All documents relating to or evidencing efforts by Cmgg A• PeTlc�ns andlor St. Paul Firearms Company's to obrain federal and/or local fueums dealer's licenses. RFSPONSE: • Gregg A. Petkins and/or St. Paui Fireatms Company have no documents relating to or evidencing efforts of either to obtain federal or ]ocal firearms dealers licenses. Federal license applications aze mailed to ATF, and St. Paul Fireums Company keeps no copies. � TEL� Rug 07 96 10�08 No.006 P.06 � City applications ate fitled out at, and left at, the o�ce LIEP. Rencwat apptications are mailed to thc City and accompanied by a check and neithcr Mr. Perkins nor St. Pau] Firearms Company has ever retained copies. The licenses which Mr. Perldns and the business hold are on display at the store. : � 1 �� AIl documenu relating to or evidencing any and alt sales made by St. Paut Fireazms Company since November 1, 1993. ; •s. See attached journal pages. : � 1 .• All state and £ederal income tax returns for St. Paul Firearms Company for the years 1993 and 1994. � � ; '�► Balance sheets and tax retums for I994 are attached. 'I'he categories identifaed in die documents produced are merely for the convenience of the accountant. Por exampte, the guns and ammunition category refer to eneral merchan o nterrogato o_ 1. ' ied in the i si� cance and cannot be relied upon as significant for �—.•-- RF,QUEST NO. 4: litigation. the All documents identified in, or relied upon, in answering the accompany interrogatozies. :a '�► See joumals, balancc sheet and tax retums, �i � � � � �\ r� ' � : \�� i �\ � ► i ► � � • � ,�� . � � ' �_ Pursuant to the order goveming discovery, St. Paul Firearms Company will comply as required by the ordcr. ST. PAUL FIREARMS COMPANY r� L Dated; � zcs: 4. � Dated: � �1�� TEL� Rug 07 96 ON THE OBJECTIONS: 10�09 No.006 P.07 Christopher J. Aietien (22858) LARKIAI, HOFFMAN, DALY & LiNDGREN, Ltd. 1500 Norwest Financial Center 7900 Xences Avenue South Bloomington, Minnesota 5543]-1194 (612) 835-3800 Attomeys for Defendant St. Paul Fireazms Co. � ACKNOWLEDGMENT The undersigned counsel has read the above discovery responses and to the best of his knowledge, infonnation, and belief, they meet the standards of Rule 26.07 of the Minnesota Rules of Civil Procedure. � 02259?0.01 � � �� ` Christopher J. Di — $.