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95-64L� 1 2 3 4 5 6 7 ORI�1��A� �AM.E N�� �J a/�(qs ORDINANCE Council File # Ordinance # q5 - �� Green Sheet # �3 An ordinance amending the Saint Paul Legislative Code by adding a new chapter 311 regulating telephones accessible to the public on licensed premises. THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN: Section 1 The Saint Paul Legislative Code is hereby amended to add the following new Chapter 311, entitled Public Telephones; Licensed Premises: Chapter 311. Public Telephones; Licensed Premises Section 311.01. General; definitions. This chapter shall apply to any business licensed by the City of Saint Paul where a telephone accessible to the public is located on the licensed premises. The term "licensed premises" shall mean and include, for the purposes of this chapter, all the property, whether in or out of a building or structure, which is (a) used for the licensed activity, (b) under the ownership, control or manaqement of the licensee, or leased to the licensee, if such property is adjacent to, or in reasonably close proximity to, the premises in which the licensed activity occurs. The term "licensee" shall mean and include, for the purposes of this chapter, the licensee and the manager of the licensed business; and if the licensee is a corporation, partnership or other entity, the ternt "licensee" shall also include each officer, director, shareholder, partner, executive and manager of such corporation, partnership or other entity. 5ection 311.02. Responsibility of licensees. it is the responsibility of every person holding a license issued by the City of Saint Paul as a condition of that license and its continuation to take adequate measures to insure that every telephone on the licensed premises is not used for the purpose af distribution, sale, use or possession of controlled substances, prostitution or other criminal activity. Failure to comply with the terms and requirements of this chapter shall be grounds fpr adverse action. � !-G �� CITY OF SAINT PAUL, MINNESOTA �p Section 311.03 Desiqnation of problem telephones. ��'�� The director of the office of license, inspections, and environmental protection may by written order designate one or more public telephones located on the licensed premises of any licensee as a problem telephone. Such designation shall be based upon evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs, which shows that one or more of the following conditions exist: (a) The telephone is regularly or frequently used to further the distribution of controlled substances, prostitution, or other criminal activity. (b) The unrestricted use of the telephone (i) contributes to loitering or conqregation in the area or disturbs the peaae, quiet or personal safety of other persons in the area, or (ii) contributes to the existence of a nuisance as defined in section 310.17(c) of the Saint Paul Legislative Code. (c) The telephone is detrimental to the public safety. (d) The telephone unreasonably interferes with the flow of pedestrians or vehicular traffic. (e) The telephone unreasonably interferes with the use of crosswalks, traffic signs or signals, hydrants or mailboxes. (f) The telephone unreasonably interferes with �ke ingress or egress from any residence or plaoe of business. (g) The telephone is deemed by the traffic engineer to be a safety concern or hazard. (h) The telephone is considered excessive given the number of other public telephones in the area and that the aggregate number of public phones contribute directly to any conditions listed in subdivisions (aj-(g) above. Section 311.04. Procedure for desiqnation of a problem phone. , or �o�s�4�e.r- �est�gY�e.e� (a) Before issuing an order desiqn ing a problem telephone under section 311.03, the directo shall conduct an informal hearing to determine whether a particular telephone is a problem telephone, and if so, what measures can be taken to correct the condition. The informal hearinq shall be preceded by at least ten days' written notice to the licensee and the owner of the public telephone at the address indicated on the subject telephone, describing the time, place, and subject matter of the hearing. The director may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. (b) IIpon a finding of fact that the particular telephone is a problem telephone, the director may issue an order which 2 /� /-G-45 shall be in writing, and addressed to the owner of the �)� telephone and to the licensee to take and keep in force one or more of the following remedial measures, including but not limited to the following: (i) Modifications to the public telephone through use of existing technology to prevent persons from using the telephone to facilitate criminal activity. (2) Installation of a lockup telephone in place of the existing telephone, or of devices that effectively prevent the use of the telephone except under the supervision of the licensee or law enforcement authorities. (3) Modifications to the telephone to prohibit the reception of all incoming calls. (4) Movement of the telephone to a different location on the licensed premises. (5) Modifications to the telephone through the use of existing technology to prevent its use for calls to pagers and/or cellular telephone numbers. (6) Modifications to the telephone to prevent its use by payment in coins, and/or restrictions on the provision of coins suitable for use in the telephone by the licensed business and its employees, manager and owner. (7j installation of additional liqhting, both interior and exterior. (8) Modifications to the telephone to render it inoperative during certain hours of the day or night. (9) Temporary removal or suspension of the service of the telephone. (10) Changes to the type of enclosure of the telephone. (11) Posting a sign indicating that a telephone has been modified, if applicable. Section 311.05. Procedure for permanent removal of a problem phone. 9 ° ot- �lis� her` QeS�he,p� (a) Before issuing an order requiring the perm nent removal of a problem telephone hereunder, the director shall conduct an informal hearing upon reasonable notice to the parties involved to determine whether the remedial measure(s) ordered pursuant to section 311.04 have or have not adequately remedied the problem(s) created by the pay telephone, or whether the telephone should be removed permanently. The informal hearinq shall be preceded by at least ten days' written notice to the licensee and the owner 3 � ��U_�' of the public telephone at the address indicated on the subject telephone, describing the time, place, and subject matter of the hearing. The director may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct o£ their affairs. (b) Upon a finding of fact that the remedial measure(s) have not remedied the problem(s) created by the particular problem telephone, the director may issue an order which shall be in writing, and addressed to the owner of the telephone and to the licensee, directing the removal of the telephone. (c) Failure to comply with the order for removal shall be grounds for adverse action against all licenses held by the licensee for the licensed premises where the telephone is located. Section 311.06. Replacement prohibited. No licensee may install a public telephone on a building or grounds from which a public telephone has previously been ordered removed by the director under section 311.05 without first having obtained permission from the director. Section 311.07. List of prohibited locations. The director shall maintain and make available upon request a list of locations where installation of public telephones is prohibited. 5ection 311.08. installation and maintenance standards. Each public telephone on any licensed premises shall: (a) Comply with all rules and regulations of the Minnesota Public Utilities Commission (PUC), and all local, state and federal regulations. (b) Comply with all laws and regulations disabled persons. applicable federal, state and local concerning the use of telephones by (c) Be maintained in a neat and clean condition, free of graffiti, and handbills, and be in good repair. Graffiti shall be cleaned and hand bills removed or telephone cleaned within two (2) business days of notification by the director. Section 311.09. InfoTmation required. Upon request by the director a licensee shall supply, or cause a telephone company to supply, information regarding usage patterns of a public telephone and the contractual arrangement under which a public telephone is operated. The usage information requested shall not include information that violates wire tapping or privacy statutes unless requested by subpoena. �� � J-��i� � 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 arnnreuerc FE� 251995 Requested by Department of: ay: sy Appx By Failure to provide the requested information shall be grounds £or: (a) Designation of the telephone as a problem telephone; and/or (b) An order for temporary or permanent removal of the telephone; and/or (c) Adverse action aqainst all licenses held by the licensee for the licensed premises where the telephone is located. Section 311.10. Misdemeanor. Any person who order issued under of sections 311.06 � Id �' fails to remove a telephone pursuant to an section 311.05, or who violates the provisions and 311.07, shall be guilty of a misdemeanor. Section 2 This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. Form Approved by City Attorney By � - ��� (,�f,lJ � ��f'�1C2 / - Ir - ls � Approved by Mayor for Submission to Council sy: Adopted by Council: Date� �<- , � . �`�`�� � Adoption Certified by Council Secretary �'i `tp�" DEPAHTMENT/OFFILE/COUNCIL DATE INRIATED N� 2 9 2 9 3 an co,�� i-ii-9s C�REEN SHEET CANTACTPERSON&PHONE INITIAVDATE-- R L/DT O�EPAHiMENTDIRE �CITYCAUNQL Csem� McSnerney 266-8610 a�ca Q cm nnoaNEV � an c��K MUST BE ON CAUNCILAGENOA BY (OATE) R � BUDGET DIRECTOR � FIN. S MGT. SERVICES OIR. OflDEH O MAYOR (OR ASSISTAIJn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) AGTION FEQUESTED: Amend the Saint Paul Legislative Code by adding a new chapter 311 regulating telephones accessible to the public on licensed premises. FECAMMENDATIONS: /ppmve (A) or Rel� (R) PERSONAL SERVICE CONTRAC75 MUST ANSWEN TNE FOLLOWING QUES710NS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/fittn ever worked untler a contraci for this department? _ pB COMMITfEE _ YES NO _ S7AFF 2. Has this personflirm ever been a city employee? — YES NO _ DISTRiC7 CoUBr _ 3. Does this persoNflrm possess a skill not normally possessetl by any current ciry employee? SUPPORT$ WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet 1N171ATING PROBLEM, iSSUE, OPPORTUNITY (Who, Wnaq When, Where, The City has had complaints in the past about nuisance behavior that Las been linked to illicit adivity from a pay phone. ADVANTAGESIFAPPROVED The Ciry will have the authoriry to eliminate a nuisance. ��`� �°� �� � °° � I�,"�� � _ _^°°sr �:, a�, _ . M;�;� � �_._.____.,�._.�.....�.�..�..�����° DISAD'JANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED� The City will not have the authority to eliminate a nuisance. TOTAL AMOUNTOFTRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIfdG SOURCE ACTIVI7Y NUMBER FlNANCIA� INFOflMAT10N. (EXPLAIN) q5-�� Blakey with 2 amendments pazagraph 311.04, page 2, line 46 "...the director or his/her desienee shall conduct" paragraph 311.05, page 3, line 52 "...the director or his/her desienee shall conduct"