04-191Council File # ��� `� t
Ordinance #
Green Sheet # �b �
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA f�l.�
Presented By
Refened To
Committee Date :
A legislative ordinance to amend Saint Paul Legislative Code Chapter 413, Conversation/Kap
Parlors, to facilitate title changes.
THE COUI�CIL OF THE CITY OF SAI1�T PAUL DOES ORDAIN:
Section 1
Section 413, Conversation/Rap Pazlors, of the Saint Paul Legisiative Code is hereby amended to
read as follows:
Sec. 413.05. License requirements.
(a) Application. The initial application for a license shail 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 foliowing informarion:
(1) A description and location ofthe premises to be licensed. Ifthe premises is not
constructed and furnished at the time the appiication is completed, 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 ar operatar and, if a corparation, 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 (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; �}���
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(6) The previous experience of the persons named in subparagraph (2) of this �� l_` �
para�aph (a) in a movie theatre or similaz business;
4 (7) A statement as to whether the persons named in subparagraph (2) of this
5 paragraph (a) have had any license denied, revoked or suspended in the City of
6 Saint Paul or the State of Mimiesota, the reason therefor, and the business activity
7 or occupation of the individual subsequent to such suspension, revocation or
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denial; and
In the case of an adult conversationlrap parlor, written proof that each employee is
at least eighteen (18) yeazs of age.
13 The application will then be reviewed by the division of public health, division of housing and
14 building code enforcement, police department, and such other deparhnents as shall be deemed
15 necessary. The deparhnents will thereafter submit their reports and recommendations to the
16 office of the inspector, who will submit all of the reports and recommendations of the other
17 departments together with the inspector's report and recommendation to the Saint Paul City
18 Council. The city council, following a public hearing, shall either grant or deny the license in
19 accordance with the procedures set forth in Chapter 310 of this Code.
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(b) Hearing; notification. At least thirty (30) days before a public hearing on an application
for a license, the office of license,
inspections and environmental nrotection shall notify by mail all owners and occupants
who own property or reside within three hundred (300} feet of the property line of the
establishment to be licensed, and ali community organizations that have previously
registered with said deparhnent, of the titne, place and puipose 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 date, the office of
license, inspections and environmental protection shall submit to the city council a list of
the names and addresses of each person or arganization to whom notice was sent, and
certificarion of such list by the clerk 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 tMs paragaph (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 paragxaph (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 districY' shail 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
Chesmut Street; Chestnut Sh 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 afford 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
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welfare, including, but not limited to, the following:
(1) The character and suitabiliry of the area or neighborhood in wkuch the licensed
premises is to be located; and
6 (2) Traffic congestion and parking problems.
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8 (d) Basis for denial. The council may deny an application for renewal or grant of a license on
9 the basis of a detemrination that the public health, safety or welfaze would be otherwise
10 adversely affected, taking into account one (1) or more of the facts or circumstances in
11 this section; provided, however, that the council shall not consider as grounds for denial
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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) Hearing before city council may be recessed. The public hearing herein required shall be
held by the city council after reasonable notice to the applicant and any interested parties,
and may be recessed from time to time to permit the applicant to meet adverse evidence.
(fl 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 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 condition upon a license which will unlawfully restrict any rights
protected by the Constitutions of the United States or of the State of Minnesota.
Section 2
That this ardinance revision shall take affect and be in force thiriy (30) days after its passage,
approval and publication.
bN-t��
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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pepartment/office/council: Date Initiated: � • _' � �
MO — Ma}ror'sOffice 1�aJAN-04 Green Sheet NO: 3010348
Cofrtaet Person & Phone: Deoartment Sent To Person Initial/Date
Reyne Rofuth � 0 or• Ofti
266 A55ign 1 or's0 e
Must Be on Council P�qenda by (Date): Number Z ouncii
For
Routing
OMer
Total tF of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Changes to Legislative Ordinance, Chapter 413.
Recommendations: Approve (A) w Reject (R): Personai Service Contracts Musf Answer the Foliowing Questions:
Planning Commission 1. Has this person/firtn ever worked under a contract for this departrnenY?
CIB Committee Yes No
Civii Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Legislative Ordinance Code changes to Chapter 413. See attached.
AdvantageslfApproved:
See Above.
DisadvanWges If Approved:
None
Disadvantages If Not Approved:
Changes not made.
Total Amount of � CosURevenue Budgeted: •
Transaction:
Funding Source: ActivilY Number: '��"� ������ �����
Financialinformation: ��� �, „��
(Explain) � � � L '�
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