02-871ORIGINAL
� r�.�,�a - S�� . a.s ,
aooa�
ORDINANCE
CITY OF
Preseatea
Referred To
Committee Date
33
An ordinance rescinding the requirement that cabazet license applicants hold restaurant licenses.
2
THE COUNCIL OF THE CITY OF SAIN"I' PAUL DOES ORDAIN:
Section 1
�
Sec. 426.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 426.01. License required.
6 (a) No person shall engage in the business of operating a cabazet or adult cabazet without a license as provided for in
7 this chapter. No license issued under this chapter shall be transferable from one (1) person, business, corporation or
8 locarion to another. h
9 h
10 Il
11 , e
12 S
13 . Holders of restaurant licenses for non-liauor-seroine establishments shall not be reauired
14 to obtain cabazet licenses, nrovided there are two (21 or fewer entertainment events in a month, and these events do not
1$ exceed twelve (12) in a veaz. This section does not apply to liquor-serving establishments which
are required to obtain an entertainment•licease.pursuant to Section 411.
16 Section 2
17 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
Benanav
Blakey
Bostrom
Coleman i /
Hams �/'
Reiter � ��/
Adopted by Council: Date ��� �.� a-O C� �
�
Adoption Certified by Council Secretary
�
a.ppr<
�
PAUL, MINNESOTA
Requested by Department of:
�
Form Approved by CiTy Attor�
/
By: � .
Approved by Mayor for Submission to Council
L•I�
Council File # O ? - $'��
Green Sheet # �O �{ 5�
' '-�''
I�V 4 '0"t
oa -� ��1
City of Saint Paul
City Counal Research Center
Room 310 City Hall
Sairrt Paul, MN 55'102
651 266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE: October 2, 2002 d�•P �
TO: Councilmembers
FROM: Marcia Mcerniond, Policy Analyst
RE: Cabaret License Ordinance: Rationale for Treating Restaurants Differently than Other Business
Types (Today's Agenda Item #3S�
In the City Attomey's review of the cabaret ordinance, Ginger Palmer pointed out that it would be useful to
have a clearly articulated reason(s) for treating restaurants differently than other types of businesses in the
cabaret license ordinance. By way of review, the changes to the ordinance the Council is considering are:
❑ removing the provision that only restaurants can apply for cabaret licenses; and
❑ allowing restaurants to have a limited number of "cabazet type° events without obtaining a cabaret license.
It is the second point which requires a rationale be developed. The ordinance in front of the Council for Public
Hearing today contains the following amendment to section 426.01:
Holders of restaurant licenses for non-liauor-servine establishments shall not be reauired to obtain cabaret
licenses, provided there are two (21 or fewer entertainment events in a month and these events do n ot
exceed twelve (12) in a vear. This section does not aonlv to liauor-servine establishments which aze
required to obtain an entertainment license nursuant to Section 41 l.
P The first, and most obvious reason to treat restaurants differently than other businesses in the cabaret
licensing process is that restaurants akeady have licenses.
P These licenses require the same staff reviews as cabaret licenses, in addition to the reviews and inspections
associated with the food preparation and serviug aspects of the business.
P These ]icenses clearly articulate maYimum seating and room capacity — which would be key to
consideration of granting cabaret licensing.
P It is unlikely that occasional (maximum 12 per year and no more than 2 in a month) "cabaret type" events
at restaurants will change the nature of the business. A number of 12 events in a year, not to excced 2 in a
1 month time period, was deemed a reasonable level to propose for Council consideration, as this level is
clearly within the parameters of what staff would consider an"accessory" cabaret use of a restaurant.
P If problems develop with occasional cabaret events, the restaurant ]icense is a tool that can be used to
bring adverse actions, and conditions can be placed on it.
P Finally, restaurants are businesses which provide the community a place to gather, meet, converse and
dine, and it is a natural extension of these functions to provide entertainment.
cc: Gerry Strathman, City Council Research
Roger Curtis, LIEP
Wendy Lane, LIEP
Christine Rozek, LIEP
Kris Schweinler, LIEP
City of Saint Paul
City Counal Research Cerrter
Room 310 City Hali
Sairrt Paul, MN 55102
651 266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE: October 1, 2002 �a�Y
C
TO: Councilmember Pat Harris `/
(�� � tN
FROM: Mazcia Moerniond, Policy Analyst �" \
RE: Cabaret License Ordinaz�ce Question: Review Process for License Applications
At the September 25, 2002 Council meeting, I presented a brief staff report on CouncH questions on the
proposed cabaret ordinance changes. As you had some specific questions on the review process for cabazet
licenses and were unable to attend last week's Council meeting, I thought it would be appropriate to follow-
up with you on that issue. Specifically, you inquired about the possibility of establishing "pre-conditions"
applicants would nced to meet prior to the application coming before the Council for approval. Council
Research and LIEP staff have discussed this question and believe there are several points in the review
process when the applicant would need to meet pro-determined criteria. The cabaret license application
requues sign-offs from the Fire's Certificate of Occupancy Program, as well as the zoning and licensing
sections in LIEP. As you lmow, their respective responsibilities aze as follows:
❑ Fire's Certificate of Occupancy Program looks at issues such as maacimum allowable number of people
in the building (or rooms in question), whether these people nced to be sitting or are allowed to stand or
dance) during a performance based on the space's square footage, access and egress, fire extinguishers
and smoke detectors.
❑ The zoning section in LIEP reviews the application in the context of allowable land uses, required
pazldng, setbacks and so on. It detennines what vaziances aze nceded if zoning requirements can or
will not be met, as well as what uses require a special condition use pernut, or SCUP.
The way the zoning process works right now, only restaurants can apply for cabaret licenses, and they
already undergo a rigorous review in the licensing process. However, if other types of businesses and
organizations can apply for cabazet licenses, questions about the appropriate zoning criteria by which
cabaret license applicants should be reviewed azise. For example, should a bookstore be reviewed
using the parking and accessability standards of restaurants (or of bookstores) when applying for a
cabazet license — if the cabazet activity is not the main or primary business. Zoning, licensing and
Council Research staff discussed this issue at some length. Based on these discussions, we together
believe the following approach is appropriate:
When Zoning reviews cabaret license applications, it will treat the cabaret as an accessory use to the
primary use of the site, in this case, a bookstore. An "Accessory Use" or "Accessory" is defined as a
use which is clearly incidental to, customarily found in connection with, and Zocated on the same
zoning lot as, the principle use to which it is related. Given there aze a number of examples in the
Legislative of what the City means by accessory use, LIEP staff suggested that when they come
forward with their next round of housekeeping amendments to the zoning code, they will include this
item on that list.
❑ The licensing section in LIEP coordinates the review of the application and, because this is a Ciass N
license, ensures that all neighbors within 300 feet of the proposed location are given 30 days notice of
the application and their right to object.
oa .r�'�
If any of these staff Tmd granting the lic�se is inconsistwt with the codes they aze cliarged with enforcmg,
they will not "sign otY' on the application and suggest ways the applicant may change the applicarion to
make it acceptable. At this juncture the application wouid usually be modified or withdrawn. Tf it is not
modified ar withdrawn, it will procced to the Cotmcil with a staff repart outlining their code concems.
If staff receive comm�tary as a resuk of the notification process which indicates at least one neighbor is
not in favor of the City granting the license, the application is forwarded for a legislative hearing and
reco��dation.
Based on the erctensive staff review and public notificatioq we do not have recammendarions far
developing additional pre-conditions ar criteria tUat nced to be met prior to an applicarion commg forward
to the Council.
If you have any questions about tlus, please contact me at marcia.moauiondCa),ci.stnaul.mn.us or by
calling me at 266-8570.
cc: Councilmembers
Gerry Stratlunan
Kristine Rozek
Chris Schweinler
o z �i�1
Cify of Saint Paul
Business Review Council
I�11� i
Fifth Meeting
Mr. Bill Cosgriff, Chairman of the Business Review Council(gRC) called the fifth meering to order on
Thursday, September 5, 2002 at 7:29 AM in Room 42 of the City I�all, Saint Paui, Minnesota.
The clerk noted the roll.
Members present:
Wiliiam Cosgriff, Chairman
Robert Awsumb
Tom Azzone
David Baker
Bill Buth
Robert Cardinal
Bill Daly
Randy Ueller
Louis Henry
Pat Igo
Henry Kristal
Stuart Simek
Mike Skillrud
Cazrie Wasley
Billie Young
Steven Zaccard
Members Excused: Doug Gale, Ryan Kaess, Mazk Moeller, Steven Lehr
Members Absent: Richard "Mychael" Wright, Joe Zappa
Others Present: Lou Cotroneo, Public Works; Roger Curtis, Director, LIEP; Robert Humphrey, Assistant to
the Director, LIEP; Tom Riddering, Deputy DirectorBuilding Code Official, LIEP; Christine Rozek,
Deputy Director, LIEP; Bob 5andquist, Director, Public Works
A round of introductions followed.
Henry Kristal moved the agenda for the September 5, 2002 BRC meeting.
TFIE MOTION PREVAII,ED
Carrie Wasley moved the Minutes from the August 1, 2002 Business Review Council Meeting.
Tf� MOTION PREVAILED
Next, the Chairruan recognized Ms. Chrisdne Rozek who ave an overview and review of cabazet license
language changes currenfly proposed before the Council. �he handouts "Cabazet License Ordinance
Changes," and "Ordinance" were dtstributed. Mr. Roger C�utis, Director, LIEP joined in the discussion.
Questions and comments from council members followed.
Mr. Randy Geller moved that the Susiness Rev;rw r�,,,.�:� �, ��--- ------� — '
o y ��l
(,5ty of SainE Paul Fifth Meeting
Business Review Counal
�
Th'u�day Sepember� 520�02 at 729 in Room 42 of the City Hall Sam�Paul, Minnesota order on
I'he clerk noted the roll-
Members present
William Cosgriff, Chaircnan
Robert Awsumb
Tom Azwne
David Baker
Bill Buth
Robert Cardina]
Bil] Dalp
Randy (ielier
Louis Henry
Pat Igo
Henry Kristai
SNazt Simek
Mike Skil3md
Cazrie Wasley
Bi]Iie Young
Steven Zaccazd
Members Excused: Doug Cmle, Ryan Kaess, Mazk Vloeller, Steven Lehr
Members Absent: Richazd "Mychael" Wright, Ioe Zappa
Others Present: Lou Cocconeo, Public Wocks; Rogec Clictis� Dixec[or, LIEP; Rober[ Humphrey, Assistant to
[he D'uector, LIEP; Tom Riddering, Deuuty Director/Buildtng Code Official, LIEP; Christine Rozek,
Depury Direcror, LIEP; Bob Sandquist,�irector, Public W orks
A round of introductions followed.
Henry Kristal moved the agenda for the September 5, 2002 BRC meeting.
THE MOTION PREVAII,ED
Canie W asley moved the Minutes from the August 1, 2002 Business Review Councll Meeiing.
THE MOTION PREVAILED
Next, the Chairman recognized Ms Christine Rozek who gave an overview and review of cabazet license
]anguage changes cusently proposed befare the Council. The handouts "Cabazet License O[dinance
Changes; ' and "Ordinance" were distributed. Mr. Roger Curtis, D'uector, LIEP joined in the discussion.
Quesaons and comments from couneil members followed.
ordi ance (see�attached Ordin � ce A) t6at a lo by ng co u m p m��ittee of PheBu ness Rad�ew Co nc be et
formed, with Mr. Geller as a member, to lobby Ordinance A's passage before the City Council.
THE MOTION PREVAII.ED WITH ONE NAY VOTE
The Chairman proceeded ro again recognize Mr. Randy Geller who proceeded to explain the amendment
ihat he owns Dixies Baz a d Restaurnn�on t Grand Av nue in Saf�nt P u GeUer then explained for [he record
Ms. Cartie Wasley moved that the$usiness Review Council fully suppor[Otdinance B.
THE MOTION PREVAII.ED iNANIMOUSLY
The Chair fhen recognized Ms. ChrisSne Rozek who gave a brief overview of the nuisance peddler issue.
Mt Dave Baker joined m tk�e diswssion.
Questions and comments from task force members followed.
nuisance be bronght before the BusnessRe v Yew ¢ Counc�'� l �for re Iv ew nd ppiovt� g to
THE MOTION PREVAII.ED UNANIMOUSLY
'Tf� MOTION PREVAII.EB
A genecal discussion amongst members of the BRC and staff from Public W orks followed.
The meebng adjoumed at 8:56 AM.
y ." �
f �
rt . ump rey, sistantto uector, ice _
Mx. Skillmd then moved that a study be undectaken to de[ermine who should be representing other city
depaz�ents before the Business Review Council.
aa -�� f
Chapter 426. Cabarets*
*Cross reference(s)--Dance halls, Ch. 405; entertainment,
Ch. 411; theatres and movie theatres, Ch. 415.
Sec. 426.01. License required.
(a) No person shall engage in the business of operating a
cabaret or adult cabaret without a license as provided for
in this chapter. No license issued under this chapter shall
be transferable from one (1) person, business, corporation
or location to another. No license shall be issued under
this chapter to any person for any premises except when such
person and the premises proposed for such license shall
already have or will have at the time of issuance of such
license a restaurant license, and where such restaurant
either is or is proposed to be and thereafter remains in
full operation at all times and on all days that are legally
permissible. It shall be grounds for revocation of or other
adverse action against any license issued under this chapter
if the restaurant is not in full operation at all times and
on all days that are legally permissible.
(Ord. No. 17623, § 1, 1-17-89; C.F. No
No. 01-154, § 1, 3-7-01)
Sec. 426.02. Definitions.
96-783, § 1, 8-7-96; C.F.
As used in this chapter, the terms defined in this section
have the following meanings ascribed to them:
Adequate or approved means acceptable to the director of the
division of public health or his agents following his
determination as to conformance with public health practices and
standards.
Adult cabaret, as defined in section 60.201 of this Code.
Adult use, as defined in section 60.201 of this Code.
Cabaret means a building or portion of a building used for
the providing of dance performance or other live entertainment,
but excludes therefrom theatres, liquor establishments and public
dance halls. No obscene work shall be allowed.
Entertainment includes amplified or nonamplified music
and/or singing by one (1) or more performers or by patrons of the
establishment, or dancing by patrons to live, taped or
electronically produced music, whether or not a fee is charged
a a-s�� �
for admission thereto and whether or not sales of property are
made upon the premises.
Obscene, as defined in Minnesota Statutes, Section 617.241.
Obscene work, as defined in Chapter 274 of this Code.
Performance, as defined in Minnesota Statutes, Section
617.241.
(Ord. No. 17623, § 1, 1-17-89; C.F. No. 01-154, § 2, 3-7-01)
Sec. 426.03. License classification.
The cabaret license shall be known as a Class A license and
the adult cabaret license shall be known as a Class B license.
(Ord. No. 17623, § 1, 1-17-89)
Sec. 426.04. Fee.
The required fee for a Class A or a Class B license shall be
established by ordinance as specified in section 310.09(b) of the
Legislative Code and only one (1) adult use shall be allowed in a
building or portion of a building. The licensee shall display the
license in a prominent place on the licensed premises at all
times. A license, unless revoked, is for a calendar year, or part
thereof, for which it has been issued.
(Ord. No. 17623, § 1, 1-17-89; C.F. No. 99-532, § l, 7-7-99)
Sec. 426.05. Licensix�g requirements.
(a) Application. An application for a license shall be made at
the office of the inspector by filing the annual license fee
and by completing an application form. The application form,
which shall be prepared by the inspector and approved by the
city council, shall contain the following information:
(1) A description and location of the premises to be
licensed. The detailed plans of the premises and
furnishings shall be attached to the application.
(2) Names and addresses of the property owner, the business
owner, the lessee, the manager or operator and, if a
corporation, all the names and addresses of the
officers of such corporation, and any other person or
corporation which may have a financial interest in the
premises to be licensed.
(3) A description of any crime or other offense, including
the time, place, date and disposition, for which any of
the persons named in subparagraph (2) of this paragraph
0 �.- �''l
(a) have been arrested or convicted.
(4) A description of the services to be offered.
(5) The business, occupation or employment of each of the
persons named in subparagraph (2) of this paragraph (a)
for the three (3) years immediately preceding the date
of application.
(6) The previous e�erience of the persons named in
subparagraph (2) of this paragraph (a) in a cabaret or
similar business.
(7) A statement as to whether the persons named in
subparagraph i2) of this paragraph (a) have had any
license denied, revoked or suspended in the City of
Saint Paul or the State of Minnesota, the reason
therefor, and the business activity or occupation of
the individual subsequent to such suspension,
revocation or denial.
(8) In the case of an adult cabaret, written proof that
each employee is at least eighteen (18) years of age.
The application will then be reviewed by the division of
public health, division of housing and building code enforcement,
police department and such other departments as shall be deemed
necessary. The departments will thereafter submit their reports
and recommendations to the office of the inspector, who will
submit all of the reports and recommendations of the other
departments together with the inspector's report and
recommendation to the Saint Paul City Council. The city council,
following a public hearing, shall either grant or deny the
license in accordance with the procedures set forth in Chapter
310 of this Code.
(b) Hearing; notification. At least thirty (30) days before a
public hearing on an application for a license, the
department of finance and management services shall notify
by mail a11 owners and occupants who own property or reside
within three hundred (300) feet of the property line of the
establishment to be licensed, and all community
organizations that have previously registered with said
department, of the time, place and purpose of such hearing,
said three hundred (300) feet being calculated and computed
as the distance measured in a straight line from the nearest
point of the property line in which the business is to be
operated to the nearest point of the property line owned,
leased or under the control of the resident. Prior to the
hearing daCe, the department of finance and management
services shall submit to the city council a list of the
names and addresses of each person or organization to whom
notice was sent, and certification of such list by the clerk
o�.-��t
shall be conclusive evidence of such notice. The failure to
give mailed notice to owners or occupants residing within
three hundred (300) feet, or defects in the notice, shall
not invalidate the license, provided a bona fide attempt to
comply with this paragraph (b) has been made. A bona fide
attempt is evidenced by a notice addressed to "owner" and to
"occupant" of the listed address. Only one (1) notice need
be mailed to each house or each rental unit within a
multiple-family dwelling regardless of the number of
occupants.
The notification requirements of this paragraph (b) shall
not be applicable where the license is to be held in a place
located within the downtown business district. For purposes of
this chapter, "downtown business district" shall include all that
portion of the City of Saint Paul lying within and bounded by the
following streets: Beginning at the intersection of Shepard Road
with Chestnut Street; Chestnut Street to Pleasant Avenue;
Pleasant Avenue to Kellogg Street; Kellogg Street to Summit
Avenue; Summit Avenue to Tenth Street; Tenth Street to Interstate
Freeway 94; Interstate Freeway 94 to Lafayette Bridge; Lafayette
Bridge to where the bridge crosses over Warner Road; Warner Road
to Shepard Road; Shepard Road to Chestnut Street.
(c) Hearing. The city council shall af£ord the applicant and all
interested parties a public hearing, and shall have the
discretion to consider in granting, denying or renewing the
license any reasonable fact or circumstance relating to the
public health, safety and welfare, including, but not
limited to, the following:
(1) The character and suitability of the area or
neighborhood in which the licensed premises is to be
located; and
(2) Traffic congestion and parking problems.
(d) Basis for denial. The council may deny an application for
renewal or grant of a license on the basis of a
determination that the public health, safety or welfare
would be otherwise adversely affected, taking into account
one (1) or more of the facts or circumstances in this
section; provided, however, that the council shall not
consider as grounds for denial any activity on the part of
the applicant, which activity is protected by the provisions
of the Constitutions of the United States or of the State of
Minnesota.
(e) Restrictions may be imposed. Where a reasonable basis is
found by the council to impose reasonable restrictions upon
the license, taking into consideration one (1) or more of
the above facts or circumstances, the council may, upon
issuance or renewal of a license, impose such reasonable
oa-��t
conditions and restrictions on the manner and circumstances
under which the licensed activities shall be conducted to
preserve the public peace and protect and promote good order
and security. The intent of the council is not to impose any
restriction or conclition upon a license which will
unlawfully restrict any rights protected by the
Constitutions of the United States or of the State of
Minnesota.
(Ord. No. 17623, § 1, 1-17-89)
Sec. 426.06. Adverse action; grounds £or suspension, revocation,
or denial.
The city council may consider the taking of adverse action
regarding a license application or licensed business as set forth
in this section; provided, however, that the council shall not
consider as grounds for such adverse action any activity on the
part of the applicant or licensee, which activity is protected by
the provisions of the Constitutions of the United States or of
the State of Minnesota.
(1) It shall be grounds for denial of the application
the applicant or persons in his employ are not
complying with or have a history of violations of
laws and ordinances that apply to public health,
or morals.
if
the
safety
(2) It shall be grounds for the denial, suspension or
revocation of a license if the owner, manager, lessee
or any of the employees or persons having a financial
interest in the business is convicted of any violation,
reasonably related to the licensed activity and/or
occurring on the licensed premises, of any law.
(3) It shall be grounds for suspension or revocation of any
liCense granted under this chapter if the premises do
not comply with the health, housing, fire, zoning and
building regulations of the City of Saint Paul or State
of Minnesota.
(4) An application may be denied or a license may be
suspended or revoked if the presence of such
establishment is found to be detrimental to the health,
welfare or safety of the citizens of the City of Saint
Paul.
(5) A license may be denied or a license may be suspended
or revoked upon evidence of a material variance in the
actual plan and design of the premises from the plans
submitted pursuant to this chapter, or from the
original design of the premises when initially
licensed, without prior approval of the city council.
O a.. �'l 1
(6) Licenses may be granted only to establishments which
can meet the requirements of the health, housing,
building, fire and zoning code regulations of the City
of Saint Paul and State of Minnesota.
(7) It shall be grovnds for denial, suspension or
revocation of the license if there is any fraud or
deception involved in the license application or
license renewal.
(81 It shall be grounds for suspension or revocation of the
license if the licensee, owner, lessee or manager fails
to comply with any of the ordinances of the City of
Saint Paul or statutes of the State of Minnesota
pertaining to a cabaret.
(9) It shall be grounds for the suspension or revocation of
the license if the licensee or owner or manager or any
of the employees or persons having a financial interest
in the premises are found to be in control of or
possession of any alcoholic beverages or controlled
substances on the premises, possession of which is
illegal under city ordinance or state law.
(10) It shall be grounds for the denial, suspension or
revocation of the license if the licensee, owner,
lessee, manager or employee has evidenced in the past
willful disregard for the health, housing, zoning,
building and/or fire codes and regulations.
(11) It shall be grounds for the denial, suspension or
revocation of the license if any aforementioned person
or persons shall refuse to permit any police officer or
inspector employed in the city's fire department,
department of community services, division of license
and permit administration to inspect the premises or
operations during normal business hours.
(12) It shall be grounds for the denial, suspension or
revocation of a license if the licensee or any employee
is found to be in violation of the provisions of this
chapter.
(13) It shall be grounds for the denial, suspension or
revocation of the license of any adult cabaret if any
employee is under eighteen (18) years of age.
(Ord. No. 17623, � 1, 1-17-89)
Sec. 426.07. Submission of plans and specifications.
All persons who hereafter construct, extensively remodel or
convert buildings or facilities for use as a cabaret or adult
o a�.. k'l 1
cabaret shall conform and comply in their construction, erection
or alteration with the requirements of this chapter. Plans and
specifications for such layout, arrangement and plumbing and
construction materials, size and type of equipment and facilities
shall be filed by the owner in the office of housing and building
code enforcement within the department of community services. A
building permit shall not be issued for any such construction,
remodeling or alteration until such permit shall have the
approval of the division of public health.
(Ord. No. 17623, § l, 1-17-89)
Sec. 426.08. Inspection by city officers and identification of
employees.
During any hours in which any person is present on the
licensed premises, all cabarets and adult cabarets shall be open
to inspection by city health, fire, zoning, building and license
inspectors and police officers. Upon demand by any police
officer, any person engaged in providing services in any licensed
premises shall identify himselflherself giving hislher true legal
name and correct adclress.
(Ord. No. 17623, § 1, 1-17-89)
Sec. 426.09. Rules and regulations; director of division of
public health may gromulgate.
The director of the division of public health shall make
such rules and regulations in keeping with the provisions of this
chapter and as may be reasonably necessary to the safe and
sanitary operation of all cabarets and adult cabarets. Such rules
and regulations shall be effective when filed in the office of
the city clerk and inspector, and amendments thereof shall be
effective twenty (20) days after being so filed. Violations of
such rules and regulations may be sufficient grounds for
revocation or suspension of any and all licenses issued pursuant
to this chapter.
(Ord. No. 17623, § 1, 1-17-89)
Sec. 426.10. Unlawful acts.
It shall be unlawful for:
(1) Anyone to engage in, conduct or carry on any cabaret or
adult cabaret establishment without a valid license
issued pursuant to this chapter.
(2) Any person in any licensed establishment to place his
or her hands upon, or to touch with any part of his or
her body, or to fondle in any manner, or to massage,
the genital area of any other person. This provision
o�..-�'�1
shall not apply to any performance which constitutes a
form of constitutionally protected expression, unless
such performance is deemed to be obscene.
(3) Any person in any licensed establishment to e�ose his
or her genital area or any portion thereof to any other
person, or to expose the genital area or any portion
thereof of any other person. This provision shall not
apply to any performance which constitutes a form of
constitutionally protected expression, unless such
performance is deemed to be obscene.
(4) Any person, while in the presence of any other person
in any licensed establishment, to fail to conceal with
a fully opaque covering the genital area of his or her
body. This provision shall not apply to any performance
which constitutes a form of constitutionally protected
expression, unless such performance is deemed to be
obscene.
(5) Any person owning, operating or managing any licensed
establishment knowingly to cause, allow or permit in or
about such establishment any agent, employee or any
other person under his or her control or supervision to
perform such acts prohibited in subparagraphs (1)
through (4) of this section or any obscene act.
(6) Any person to employ any person under the age of
eighteen (18) to work in any adult cabaret.
(Ord. No. 17623, § 1, 1-17-89)
ORIGINAL
�
r��t�a
Referred To
ORDINANCE -
CITY OF�AINT PAUL, MINNESOTA
1 An ordinance rescinding the requirement that cabaze[ license
2 THE COL3NCII, OF THE CITY OF SAINT PAUL DOES ORDAIN:
3
0
Section 1
Council File # o a - ��,4
Green Sheet # �O `{ S�(.
35
Committee Date
restaurant licenses.
Sec. 426.01 of the Saint Paul Legislative Code is hereby
5 Sec. 426.01. License required.
6 (a) No person shall engage in the business of operating a c c
7 this chapter. No license issued under this chapter shall b t ert
8 location to another.
9
10
,
11
� . Holders of resta t ses for non
14 to obtain cabaret licenses rovided there aze o or fewer ente
15 exceed hvelve (121 in a veaz.
16 T�"'�' ,S�.�j�v,-. ��i �., s`f"" 1 � S ion�
-� ff-G-�-..:. � � L � �
17 This or take effect and be : f r thirt� 0) d�ays fol
Benanav
Bostro
Coleman
to read as follows:
adult cabazet without a license as provided for in
le from one (1) person, business, corporation or
� ���`� - � `G "`-��
; its passage, a� al and���-t�.L�1
RequesYed by Department oE
�
Form Approved by City Attorney
Br•
Adopted by Council: Date
• Adoption Certified by Council Secretary
By.
Approved by Mayor: Date
BY —
Approved by Mayor for Submission to Council
B � —
com«�n� s���
9/18/2002
TOTAL � OF SIGNATURE PAGES
GREEN SHEET
oa. -�'1�t
;
No �ti::Jti
��� ���_
❑onATMtllY ❑a1YCW1[�
❑w�.wun�wnncv.o�. ❑qNxo��miw.ccro
o ���,�.� ❑
(CLIP ALL LOCATIONS FOR SIGNATURFa
AFpmval of ordieavce msciadivg the iequaemert ihaz pbaret [icense appli�ots fiold nstataaet licenx.
PLANNING COMMISSION
CIB CAMMITTEE
CML SERVICE CAMM(S:
TfiANSACTION
SOORCE
tmc fltic P�soMvm evrwo�d wdera wntrad tarMis aepa�hneM?
YES NO
t�m tlwa D� e`ereeena dry �ee?
Y6S MO
Doec tlue Der�um V�s n Wi nat rqrmelND� bY enY aare'a edy emDloYee7
YES !!D
b tltis pewpKrm atetyetetl �erido(t
YES MO
COST/R6YENUE BU06ETED (pRCLE ONE)
ACTNRY NUMBER
YES NO