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97-1446�� �. coun�i� File # 9�1 � 1�-146 �rdinance # Green Sheet # �oy�� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date An ordinance amending Chapter 310 of the Saint Paul Legislative Code to permit issuance of uncontested Class III licenses without a council hearing THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 310 of the Saint Paul L,egislative Code is hereby amended to read as follows: "Sec. 310.04. Levels of approval; recommendations. (a) Class I licenses. Where an application for the grant, issuance or renewal of a Class I license meets all the requirements of law, and there exists no ground for denial, revocation ar suspension of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the applicarion. (b) Class II licenses. Where an application far the grant, issuance or renewal of a Class II license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspension of or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) Class I and Class II licenses 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 or renewal of the license does not meet all the requirements of law or that there exist grounds for denial, revocafion, 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� (1) Grant, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, investigatio required eetu3ei� � z � . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 section 310.05. q'1-14y4 se where the director tecomxnends denial of the grant, issuauce or renewal of VJhere the applicatio for the grant, issuance or renewal of a Class III license meets all the requirements of law, and where there exists no ground for adverse action, the directar issue such license in accordance with law. (2) Renewal. The directar sha11 in writing norify the council, and the affected neighborhood organization(s) established for citizen participation purposes, at least siaKy (60) days before the expiration date of all Class III licenses. A public hearing on the renewal of any such license sha11 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 resolufion, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace ar amend any of the procedures set forth an section 310.05 o£the Legislative Code. If no request for a public heazing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accardance 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 or renewal of a Class I or Class II license; provided, however, that the appeal sha11 have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an enor of law in the grant, issuance or renewal of the license. The appeal shall be in wrifing and shall set forth in particular the alleged errars of law. The council sha11 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 (10) days prior to the hearing date. The procedures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may aff nn or remand the matter to the inspector or director, or may reverse or place condifions 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. (fl 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." a Class III license, er- aahe�e re�evs�d-a�gkeaties, the director on his or her own initiative, or at the direction of the council, shall follow the procedures for nofice and hearing as set forth in �� q� -14'� � i a se�c�on a 3 4 This ordinance shall take effect and be in force thirty (30) days following it passage, approval 5 and publication. 6 7 6trai reuen �;;.:�' ..� �,��lyy� n�inh � DEW1PTl11ENTAFFICElCOUNCiI DA7E INITIATED � v B.L v c�rycoUn�n lii�ai9� GREEN SHEE CONTACiPEflSON & PHONE INITIAVDATE MRIAVDATE � DEPARTMENT OIRECTOR O GITY C/JUNCIL CTCR'}� SR'8Yt1IDaII CYgS�IS pSSIGN � CfiYATfORNEY � CITY CLERK MUST BE ON CAUNCIL AGENDA BY (DATE) M14BEp FOA O BUDGET DIRECTOfl � FIN. & MGT. SEflVICES DIR. ROUiINa OADEA O MpyOR (OR ASSISTAN'n O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Ordinance amending Chapter 310 of the Saint Paul Legislative Code to pemrit issuance of uncontested Class III licenses without a council hearing. RECAMMENDA71oNS: Approve (A) or Ra�eet (R) pERSONAL SERVICE CONTqACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNIN� COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this persoMirm ever worketl untler a conVact for this department? _ CIB COMMfITEE _ YES NO _ SiAFF 2. Has this person/firm ever bean a ciry employee? — YES NO _ oISiRICT COUR7 _ 3. Does this person/Firm possess a skill not normatly possessed by any current city employee? SUPPORTS WHIGH COUNpL OBJEGTIVE7 YES NO Explafn all yes answers on aepare[e sheet and atteeh to green sheet INfTIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Wnet, When, Where, Why): Current Ciry Code stipulates that before the issuance of a Class III license the D'uector of LIEP shall no$fy the City CAUncil of the application for license; that a public hearing be held before the Council; and specifies that the Council shall by resoluGon instruct the D'uector to issue each and every uncontested license. ADVANTAGESIFAPPROVE�. Ciry CouncIl will no longer need to hold a public hearing for all uncontested Class III license applicaflons that meet all the requirements of law and where there eacists no grounds for denial or imposi5ons of condiflons on the licenses. Also, the City Council will no longer be required to direct by resolution the D'uector of LIEP to issue a Class III license. Instead, llus change requires a11 contested Class III license applications be heazd before the Legislative Hearing Officer who will ihen make a recommendation to be made to the Council. DISADVANTAGES IF APPROVED. None �iiE1C� �lAff'�i Ceefl�i( NOV 2 5 1997 �ISA�VANTAGES IF NOTAPPROVED: The City Council will need to conflnue with the policy of holding a public hearing befose the Council for every uncontested Class III license application and must by resolufion continue to direct the Director of L1EP to issue each and every uncontested license. TOTAL AMOUNT OF TRANSACTION $ COSTlREVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION: (EXPLAIN) �� �. coun�i� File # 9�1 � 1�-146 �rdinance # Green Sheet # �oy�� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date An ordinance amending Chapter 310 of the Saint Paul Legislative Code to permit issuance of uncontested Class III licenses without a council hearing THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 310 of the Saint Paul L,egislative Code is hereby amended to read as follows: "Sec. 310.04. Levels of approval; recommendations. (a) Class I licenses. Where an application for the grant, issuance or renewal of a Class I license meets all the requirements of law, and there exists no ground for denial, revocation ar suspension of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the applicarion. (b) Class II licenses. Where an application far the grant, issuance or renewal of a Class II license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspension of or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) Class I and Class II licenses 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 or renewal of the license does not meet all the requirements of law or that there exist grounds for denial, revocafion, 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� (1) Grant, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, investigatio required eetu3ei� � z � . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 section 310.05. q'1-14y4 se where the director tecomxnends denial of the grant, issuauce or renewal of VJhere the applicatio for the grant, issuance or renewal of a Class III license meets all the requirements of law, and where there exists no ground for adverse action, the directar issue such license in accordance with law. (2) Renewal. The directar sha11 in writing norify the council, and the affected neighborhood organization(s) established for citizen participation purposes, at least siaKy (60) days before the expiration date of all Class III licenses. A public hearing on the renewal of any such license sha11 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 resolufion, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace ar amend any of the procedures set forth an section 310.05 o£the Legislative Code. If no request for a public heazing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accardance 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 or renewal of a Class I or Class II license; provided, however, that the appeal sha11 have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an enor of law in the grant, issuance or renewal of the license. The appeal shall be in wrifing and shall set forth in particular the alleged errars of law. The council sha11 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 (10) days prior to the hearing date. The procedures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may aff nn or remand the matter to the inspector or director, or may reverse or place condifions 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. (fl 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." a Class III license, er- aahe�e re�evs�d-a�gkeaties, the director on his or her own initiative, or at the direction of the council, shall follow the procedures for nofice and hearing as set forth in �� q� -14'� � i a se�c�on a 3 4 This ordinance shall take effect and be in force thirty (30) days following it passage, approval 5 and publication. 6 7 6trai reuen �;;.:�' ..� �,��lyy� n�inh � DEW1PTl11ENTAFFICElCOUNCiI DA7E INITIATED � v B.L v c�rycoUn�n lii�ai9� GREEN SHEE CONTACiPEflSON & PHONE INITIAVDATE MRIAVDATE � DEPARTMENT OIRECTOR O GITY C/JUNCIL CTCR'}� SR'8Yt1IDaII CYgS�IS pSSIGN � CfiYATfORNEY � CITY CLERK MUST BE ON CAUNCIL AGENDA BY (DATE) M14BEp FOA O BUDGET DIRECTOfl � FIN. & MGT. SEflVICES DIR. ROUiINa OADEA O MpyOR (OR ASSISTAN'n O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Ordinance amending Chapter 310 of the Saint Paul Legislative Code to pemrit issuance of uncontested Class III licenses without a council hearing. RECAMMENDA71oNS: Approve (A) or Ra�eet (R) pERSONAL SERVICE CONTqACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNIN� COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this persoMirm ever worketl untler a conVact for this department? _ CIB COMMfITEE _ YES NO _ SiAFF 2. Has this person/firm ever bean a ciry employee? — YES NO _ oISiRICT COUR7 _ 3. Does this person/Firm possess a skill not normatly possessed by any current city employee? SUPPORTS WHIGH COUNpL OBJEGTIVE7 YES NO Explafn all yes answers on aepare[e sheet and atteeh to green sheet INfTIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Wnet, When, Where, Why): Current Ciry Code stipulates that before the issuance of a Class III license the D'uector of LIEP shall no$fy the City CAUncil of the application for license; that a public hearing be held before the Council; and specifies that the Council shall by resoluGon instruct the D'uector to issue each and every uncontested license. ADVANTAGESIFAPPROVE�. Ciry CouncIl will no longer need to hold a public hearing for all uncontested Class III license applicaflons that meet all the requirements of law and where there eacists no grounds for denial or imposi5ons of condiflons on the licenses. Also, the City Council will no longer be required to direct by resolution the D'uector of LIEP to issue a Class III license. Instead, llus change requires a11 contested Class III license applications be heazd before the Legislative Hearing Officer who will ihen make a recommendation to be made to the Council. DISADVANTAGES IF APPROVED. None �iiE1C� �lAff'�i Ceefl�i( NOV 2 5 1997 �ISA�VANTAGES IF NOTAPPROVED: The City Council will need to conflnue with the policy of holding a public hearing befose the Council for every uncontested Class III license application and must by resolufion continue to direct the Director of L1EP to issue each and every uncontested license. TOTAL AMOUNT OF TRANSACTION $ COSTlREVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION: (EXPLAIN) �� �. coun�i� File # 9�1 � 1�-146 �rdinance # Green Sheet # �oy�� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date An ordinance amending Chapter 310 of the Saint Paul Legislative Code to permit issuance of uncontested Class III licenses without a council hearing THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 310 of the Saint Paul L,egislative Code is hereby amended to read as follows: "Sec. 310.04. Levels of approval; recommendations. (a) Class I licenses. Where an application for the grant, issuance or renewal of a Class I license meets all the requirements of law, and there exists no ground for denial, revocation ar suspension of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the applicarion. (b) Class II licenses. Where an application far the grant, issuance or renewal of a Class II license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspension of or the imposition of conditions upon, such license, the director shall grant, issue or renew said license in accordance with the application. (c) Class I and Class II licenses 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 or renewal of the license does not meet all the requirements of law or that there exist grounds for denial, revocafion, 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� (1) Grant, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, investigatio required eetu3ei� � z � . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 section 310.05. q'1-14y4 se where the director tecomxnends denial of the grant, issuauce or renewal of VJhere the applicatio for the grant, issuance or renewal of a Class III license meets all the requirements of law, and where there exists no ground for adverse action, the directar issue such license in accordance with law. (2) Renewal. The directar sha11 in writing norify the council, and the affected neighborhood organization(s) established for citizen participation purposes, at least siaKy (60) days before the expiration date of all Class III licenses. A public hearing on the renewal of any such license sha11 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 resolufion, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace ar amend any of the procedures set forth an section 310.05 o£the Legislative Code. If no request for a public heazing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accardance 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 or renewal of a Class I or Class II license; provided, however, that the appeal sha11 have been filed with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an enor of law in the grant, issuance or renewal of the license. The appeal shall be in wrifing and shall set forth in particular the alleged errars of law. The council sha11 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 (10) days prior to the hearing date. The procedures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may aff nn or remand the matter to the inspector or director, or may reverse or place condifions 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. (fl 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." a Class III license, er- aahe�e re�evs�d-a�gkeaties, the director on his or her own initiative, or at the direction of the council, shall follow the procedures for nofice and hearing as set forth in �� q� -14'� � i a se�c�on a 3 4 This ordinance shall take effect and be in force thirty (30) days following it passage, approval 5 and publication. 6 7 6trai reuen �;;.:�' ..� �,��lyy� n�inh � DEW1PTl11ENTAFFICElCOUNCiI DA7E INITIATED � v B.L v c�rycoUn�n lii�ai9� GREEN SHEE CONTACiPEflSON & PHONE INITIAVDATE MRIAVDATE � DEPARTMENT OIRECTOR O GITY C/JUNCIL CTCR'}� SR'8Yt1IDaII CYgS�IS pSSIGN � CfiYATfORNEY � CITY CLERK MUST BE ON CAUNCIL AGENDA BY (DATE) M14BEp FOA O BUDGET DIRECTOfl � FIN. & MGT. SEflVICES DIR. ROUiINa OADEA O MpyOR (OR ASSISTAN'n O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Ordinance amending Chapter 310 of the Saint Paul Legislative Code to pemrit issuance of uncontested Class III licenses without a council hearing. RECAMMENDA71oNS: Approve (A) or Ra�eet (R) pERSONAL SERVICE CONTqACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNIN� COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this persoMirm ever worketl untler a conVact for this department? _ CIB COMMfITEE _ YES NO _ SiAFF 2. Has this person/firm ever bean a ciry employee? — YES NO _ oISiRICT COUR7 _ 3. Does this person/Firm possess a skill not normatly possessed by any current city employee? SUPPORTS WHIGH COUNpL OBJEGTIVE7 YES NO Explafn all yes answers on aepare[e sheet and atteeh to green sheet INfTIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Wnet, When, Where, Why): Current Ciry Code stipulates that before the issuance of a Class III license the D'uector of LIEP shall no$fy the City CAUncil of the application for license; that a public hearing be held before the Council; and specifies that the Council shall by resoluGon instruct the D'uector to issue each and every uncontested license. ADVANTAGESIFAPPROVE�. Ciry CouncIl will no longer need to hold a public hearing for all uncontested Class III license applicaflons that meet all the requirements of law and where there eacists no grounds for denial or imposi5ons of condiflons on the licenses. Also, the City Council will no longer be required to direct by resolution the D'uector of LIEP to issue a Class III license. Instead, llus change requires a11 contested Class III license applications be heazd before the Legislative Hearing Officer who will ihen make a recommendation to be made to the Council. DISADVANTAGES IF APPROVED. None �iiE1C� �lAff'�i Ceefl�i( NOV 2 5 1997 �ISA�VANTAGES IF NOTAPPROVED: The City Council will need to conflnue with the policy of holding a public hearing befose the Council for every uncontested Class III license application and must by resolufion continue to direct the Director of L1EP to issue each and every uncontested license. TOTAL AMOUNT OF TRANSACTION $ COSTlREVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION: (EXPLAIN)