95-473LL ORl��if`'��L
Council File # / � 7 `'
Ordinance #
Green Sheet # � U � `J' (O
Presented By
Referred To
ORDINANCE
SAINT PAUL, MINNESOTA
Committee: Date
An ordinance amending Chapter 310 of the Saint Paul
Legislative Code pertaining to Uniform License Procedures.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
3�
That the definition of adverse action, as set forth in section 310.01 of the Saint
Paul I.egislative Code is hereby
amended to read as follows:
Sec. 310.01. Definitions.
Adverse action means the revocation or suspension of a license, the
imposition of conditions upon a license, the denial of an application for the grant,
issuance= i�i renewal ^- *-���r�-
,,,_ A �� of a license, the imposition of a fine, the
assessment of the costs of a contested hearing, and any other disciplinary or
unfavorable action taken with respect to a license, licensee or applicant for a
license. Adverse action includes any of the foregoing directed at one (1) or more
licenses held by a licensee at any location in the City of Saint Paul. Adverse
action also includes disapproval of licenses issued by the State of Minnesota under
statutory provisions which permit the governing body to disapprove the issuance of
the license.
Section 2
That section 310.02 of the Saint Paul Legislative Code is hereby amended to read
as follows:
5ec. 310.02. Application.
(a) Form. All applicants far licenses or permits issued pursuant to these
chapters sha11 make both original and renewal applications to the inspector on
such forms as are provided by the division. Such applications sha11 not be received
by the inspector until completely filled out, accompanied by all fees, insurance
policies, bonds, deposits, sureties, and indemnifications or certificates required by
these chapters, together with the certification required in paragraph (b) below.
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(b) Taxes. No person shall be granted a license a renewal of a license
^- `-°�°F�- � �':-��°� required by the Saint Paul L,egislative Code unless, prior
to and in addition to any other requirements, rules or ordinances heretofore or
hereafter required, the Ramsey County Department of Property Taxation certifies
that said applicant has paid any and all ta�ces, real or personal, before said taxes
become delinquent, on any proper[y, real or personal, situated within the City of
Saint Paul and used in connection with the business operated under said license.
Notwithstanding the previous paragraph, the council, the director or the
inspector may issue; _ a� renew �-� i�er a license if it is found that:
(1) The applicant has made an agreement satisfactory to the Ramsey County
attomey to pay delinquent t�es in periodic installments;
(2) The applicant has properly commenced a proceeding to contest the amount
of tas due or the valuation of his property, and has made all partial
payments required by law in connection with such proceeding; or
(3) The business property with respect to which tases are delinquent is not
owned by the applicant, but by a lessor, and it would be inequitable to
require the lessee to pay such t�es.
If a license is issued; Q� renewed ^����^�ea because of the existence of an
agreement as described in subsection (1) above, the license may be revoked if the
licensee defaults upon such agreement.
(c) Additional ircformation. The inspector shall prescribe the information
required to be submitted by each applicant in his application, in addition to that
required by specific sections in these chapters, as may be necessary to carry out
and enforce any provision hereunder. He shall require in every case the applicant
to submit his name; business or corporate name; names of partners, officers,
directors, shareholders or trustees involved in the business; age; address;
description or blueprint of the premises, if any, and the owner thereof, and
locations and addresses of other business locations in Minnesota.
(d) No reapplication within one (1) year after denial or revocation. No person
may apply for any license within one (1) year of the denial or revocation of the
same or similar license by the city council, if such denial or revocation was based
solely or partially upon misconduct or unfitness of the applicant, evidence of
violations of law involving licensed premises, evidence that the applicant had been
involved in the operation of a nuisance, or fraud or deception in the license
application. , ,
�° �.��:..�;�:�.. �� �: :���F°~ ';^°�°° '^ `'�� �'� �+ A license is "similar," within
the meaning of this paragraph, if the basis upon which the revocation or denial of
the original license was made would have been a relevant basis on which to deny
or revoke a license of the type subsequently applied for.
(e) Reapplication after denial; "interest" of upplicunt in revoked license. An
application by a person having an interest in, or whose shareholders or officers
haue an interest in, any premises or enterprise whose license has been revoked or
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to which a license has been denied shall be treated as an application by the
person whose license was denied or revoked. The term "interest," as used in this
paragraph, includes any pecuniary interest in the ownership, operation,
management or profits of an establishment, but does not include: bona fide loans;
bona fide rental agreements; bona fide open accounts or other obligations held
with or without security arising out of the ordinary and regular course of business
of selling or leasing merchandise, f'vctures or supplies to such establishment; an
interest in a corporarion owning or operating a hotel but having at least one
hundred fifty (150) or more rental units holding a license in conjunction
therewith; or ten (10) percent or less interest in any other corporation holding a
license.
(� Prohibition on reapplication; exception. The prohibition on reapplication
herein provided shall not apply in cases where it is otherwise expressly provided
by statute or ordinance.
(g) Waiting period after filing of petition. Any petition required to be filed
with the application for any license shall not be considered as officially filed and
irrevocable until seven (7) working days after a petition is received in the
inspector's office. During the seven-day waiting period, any signatory of any
petition may withdraw his name therefrom by written request, and such request
shall be appended to the subject petition and made a part thereof. After the
seven-day waiting period, signatures may not be withdrawn unless it is shown they
were obtained by fraud or duress. Signatures withdrawn or obtained by fraud or
duress shall not be counted in determining the sufficiency of the petition. This
subdivision shall apply in any case where the applicant for a license ^-��
�a�s€e�-must present a statement in writing signed by a specified number or
percentage of persons that they have given their consent to the grant of the
license ^°''� � *r��°`�-
Section 3
That section 310.04 of the Saint Paul Legislative Code is hereby amended to zead
as follows:
Sec. 310.04. Levels of approval; recommendations.
(a) Class I licenses. Where an application for the grant, issuance tir
renewal �--o=�� ��- of a Class I license meets all the requirements of law, and
there exists no ground for denial, revocat�on or suspension of, or the imposition of
conditions upon, such license, the director shall grant, issue;",flr renew ^-��
said license in accordance with the application.
(b) Class II licenses. Where an application for the grant, issuance
renewal ^--�a�r of a Class II license meets all the requirements of law, and
there exists no ground for denial, revocation or suspension of, or the imposition of
conditions upon, such license, the director shall grant, issue renew �--�-
said license in accordance with the application.
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(c) Class I and Class II Iicenses, if denied by director. In the event the
director, in the case of both Class I and Class II licenses, determines that the
application for grant, issuance;;a� renewal ^--�� of the license does not meet
all the zequirements of law or that there exist grounds for denial, revocation,
suspension or other adverse action against the license or the licensee, the director
shall recommend denial of the application and follow the procedures for notice
and hearing as set forth in section 310.05.
(d) Class III licenses.
(1) Grant, issuance or transfer. Upon receipt of a fully completed
application and requued fees foz a Class III license, and after the
investigation required, the director shall notify the council. A public
hearing shall be held on the grant; issuance�—a�s r of all
Class III licenses. In any case where the director recommends denial
of the grant, issuance,: a� renewal-��a�r of a Class III license,
or where the council believes that there is evidence which might
result in action adverse to the original or renewal application, the
director on his or her own initiative, or at the direction of the
council, sha11 follow the procedures for notice and hearing as set
forth in section 310.05. Where the application for the grant,
issuance,= o� renewal �--�� of a Class III license meets all the
requirements of law, and where there exists no ground for adverse
action, the council shall by resolution direct that the director issue
such license in accordance with law.
(2) Renewal. The director shall in writing notify the council, and the
affected neighborhood organization(s) established for citizen
participation purposes, at least s'v;ty (60) days before the expiration
date of all C1ass TII licenses. A public hearing on the renewal of any
such license shall not be held except on the request of a
councilmember, which request shall be incorporated in the form of a
council resolution. Upon the passage of such resolution, the director
shall give written notice of such hearing to the affected
neighborhood organizations. Such public hearing does not replace or
amend any of the procedures set forth in section 310.05 of the
L.egislative Code. If no request for a public hearing is made before
the eapiration of any such license, and where there exists no ground
for adverse action, the council shall by resolution direct that the
director issue the license in accordance with law.
(e) Appeal; Class I or Class II licenses. An appeal to the city council may be
taken by any person aggrieved by the grant, issuance; _�r renewal ��-�°� of a
Class I or Class II license; pzovided, however, that the appeal shall have been
filed with the city clerk within thirty (30) days after the action by the director. Tl�e
only grounds for appeal shall be that there has been an error of law in the grant,
issuance;::�� renewal �--�-a�� of the license. The appeal shall be in writing and
shall set forth in particular the alleged errors of law. The council shall conduct a
hearing on the appeal within thirty (30) days of the date of filing and shall notify
the licensee and the appellant at least ten (1Q) days pxior to the hearina date. The
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procedures set forth in section 310.05, insofaz as is practicable, shall apply to this
hearing. Following the hearing, the council may affirm or remand the matter to
the inspector or director, or may reverse or place conditions upon the license
based on the council's determination that the decision was based on an error of
law. The filing of an appeal shall not stay the issuance of the license.
(f� No waiver by renewal. The renewal of any license, whether Class I, II or
III, shall not be deemed to be a waiver of any past violations or of any grounds
for imposition of adverse action against such license.
Section 4
That section 310.05 (a) of the Saint Paul L,egislative Code is hereby amended to
read as follows:
Sec. 310.05. Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the
council may or intends to consider any adverse action, including the revocation or
suspension of a license, the imposition of conditions upon a license, or the denial
of an application for the grant, issuance renewal s��-�r�-of a license, or the
disapproval of a license issued by the 5tate of Minnesota, the applicant or licensee
shall be given notice and an opportunity to be heard as provided herein. The
council may consider such adverse actions when recommended by the inspector,
by the director, by the director of any executive department established pursuant
to Chapter 9 of the Charter, by the city attorney or on its own initiative.
Section 5
That section 310.06 (c) of the Saint Paul Legislative Code is hereby amended to
read as follows:
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(c) Imposition of reasonable conditions and/or restriction.s. When a
reasonable basis is found to impose reasonable conditions and/or restrictions
upon a license 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 on particular types of activities conducted in or on said
business or establishment;
(2) A limitation or restriction as to the location within the licensed business or
establishment whose [sic] particular type of activities may be conducted;
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(3) A limitation as to the means of ingress or egress from the licensed /' `�
establishment or its parking lot or isnmediately adjacent area;
(4) A requirement to provide off-street parking in excess of other requirements
of law;
(S) 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 I 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 II licenses. The council may impose such conditions on Class
III licenses with the consent of the license holder, or upon any class of license as
an advezse 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;::a� renewal �-�za�� thereof, or upon and as part of any adverse action
against a 1'icense or licenses, including suspension. Conditions imposed on a
license or licenses sball remain an such licenses when renewed and shall c�ntinue
thereafter until removed by the council in the case of conditions on Class III
licenses or conditions imposed by adverse action, and by the inspector in the case
of Class I and II licenses.
Section 6
That section 31011 of the Saint Paul Legislative Code is hereby amended to read
as follows:
Sec. 310.11. Transfers; general.
(a) License a privilege, not property. All licenses or permits issued by the
Cty of Saint Paul pursuant to these chapters or other ordinances or laws confer a
privilege on the licensee to engage in the activity or occupation so licensed, and
do not constitute property or property rights or create any such rights in any
licensee. No such license or permit may be seized, levied upon, attached, executed
upon, assessed or in any manner taken for the purpose of satisfaction of any debt
or obligation whatever.
Licenses tirif:transferable; conditions. ?�lei#�iY�iBt�iit3iri�:aiiu.otH�r
issued
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c. Trans er• de 'nitton. "'i't��isf�ia�1�";:xtieai�s;t�i� abilitY tti ti�usfei�:a
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�ze��s� ��' kx�eri��s �'z`t��it. a��,�i�z`sr�� Gfl ��t�tT��r �irsfrtzm �ine Ic�cattirii Yc� �t�nther.
"Transfer," as used in these chapters, shall include a transfer from person to
person, or from place to place, or a transfer of stock in a corparate licensee, or of
shares or interests in a partnership or other legal entity. "Transfer," as used in
these chapters, shall not include the instance where a license is held by an
individual or partnership and the transfer is by said individual or partnership to a
corporation in which the majority of the stock is held by said individual or by the
members of said partnership.
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d? Deceased licen.see. Notwithstanding any other provision of these
f�::;_.,�
chapters, in any case where a liquor license is held by a person not incorporated
and where the license would, by reason of the death of said licensee, lapse to the
city in the absence of this paragraph, the authorized representative of the estate
of the deceased licensee may consent to and seek to
to the s�tr
The t�s€e� ��i:�su�t!
chapters and e�sting
shall be subject to
said license
of
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,.,�..e,;T,.��:,�,;,:,.�,,,a,,�-,:,� R�,..,� �-,.1�,.��,;,.,. .�.a,:�.,:.:...a.,..:,:���
�iee�ses�
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2 Section 7
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4 This ordinance shall take effect and be in force thirty days
5 from and after its passage, approval and publication.
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�i�aireuen
JUN 241995
Requested by Department of:
Hyc
Appr
By:
� �/�� ����
Form Approved by City Attorney
$Y= � o �
Approve by Mayor for Submission to
Council
By: �� �
Adopted by Council: Date 3
Adoption Certified by Council 5 retary
.
OF LIEP
on
REQUE5TED:
Date: 3/17/95
�
��
�
GREEN SHEET
N° 30746
ordinance to amend Chapter 310 of the Legislative Code to remove the
lity to transfer licenses from one person to another and to allow
ssuance of a license in the event of an untimely death.
:NDATIONS: 11PPROVB (A) OR REJSCT (R) ffitSOYAL SBRVIC6 COl1TRACTB MU82 aliSNBR THB lOLLONIl10:
INING CONMISSION _ CIVIL SERVICE C0t41i5ZOq 1. 9as the peraon/fiim evei worked undez a eontract Eor thie depaitmeat7
COlINITTS$ _ YSS E70
'F _ 2. Has tE3s pezson/firm eves been a Citp employee7
9tICT COURT YHS NO
3. Poes thie pecaon/fixm poasese a ekiil not noxmlly posaeased by any
•S WHICe COUNCiL OHJECTIVS7 Curient City employee7
YES NO
�laia all 288 anavars oa a separake sLaaY and altae6. '
IATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, W ere, W y):
ferability of licenses is ill defined in the Legislative Code and the
ce of LIEP wishes to abolish the practice.
aid in the Office of LIEP's tracking of business license holders and
quent fees.
VANTAGES IF APPROVED:
apparent. ApR 1� 1995 �����v��
,��AR w 0 1995
;.oW
� 3 � ��������
p�� z� s
AMOUNT OF TRANSACTION
COST/REVENUE BUDGETED YES NO
UNDING SOURCE ACTIVITY NUMBER
INANCIAL INFORMATION: (EXPLAIN)