04-193Council FIle # `, `�
Ordinance #
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
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1 A legislative ordinance to amend Saint Paul Legislative Code Chapter 426, Cabarets, to facilitate
2 tifle changes.
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5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1
Section 426, Cabarets, of the Saint Paul Legislative Code is hereby amended to read as follows:
5ec. 426.05. Licensing 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, sha11 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 financiai 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 employxnent of each of the persons named in
subparagraph (2) of this paragraph (a) for the three (3) yeazs immediately
preceding the date of application.
(6) The previous experience of the persons named in subpazagraph (2) of this
paragraph (a) in a cabaret or similar business.
Cneen Sheet # =� -t'--' � j
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1 (7) A statement as to whether the persons named in subparagraph (2) of this O`_ `� �
2 paragraph (a) have had any license denied, revoked or suspended in the City of
3 Saint Paul or the State of Minnesota, the reason therefor, and the business activity
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or occupation of the individual subsequent to such suspension, revocation or
denial.
In the case of an adult cabazet, 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 depariment 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 repozt and recommendation to the Saint Paul City
Council. The city council, following a public hearing, shall either grant ar 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 office of license,
insqections and environmental protection 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 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 properiy line owned, leased or under the control of the resident.
Prior to the hearing date, the office of
license, insuections and environmental nrotection 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 shall be conclusive evidence of such notice. The
failure to give mailed notice to owners ar occupants residing within three hundred (300)
feet, ar 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" ofthe 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 dish shali include all that portion of the City of Saint Paul iying
within and bounded by the following streets: Beginning at the intersection of Shepard Road with
Chesmut 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 afford the applicant and all interested parties a public
hearing, and shall have the discretion to consider in granring, denying or renewing the
license any reasonable fact or circumstance relating to the public heaith, 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.
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(d) Basis for denial. The council may deny an application for renewai or grant of a license on
the basis of a determination that the public health, safety or welfaze 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 unpose
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 ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
6�1-�g3
,� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Department/ofFce/wuncil: Date initiated:
6�t-t�3
{y�Q — Maym'sOffice 15-JAN-04 Green Sheet NO: 3010351 �
Contad Person & Phone: �e�rt�e^t SeM To Person Initiall ate
Reyne Rofuth � 0 or's Office
266-8710 /�jyn 1 a or•s Oflice
Must Be on Councii qgenda by (Date): Number 2 ouocil
For
Routing
Orcler
Totai # of Signature Pages _ �Clip All Locations for Sigoature)
Action Requested:
Changes to Legislarive Ordinance, Chapter 426.
Recommendations: Approve (A) or RejeCt (R): Personal Service ConVacts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a Contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/flrtn ever been a city employee?
Yes No
3. DOes ihis persoNfirtn passess a skill not normally passessed by any
curtent pty employee? -
Yss No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, OppoRunity (Who, What, When, Where, Why): �
L,egislative Ordiiiance Code changes to Chapter 426. See attached.
Advantages If Approved:
See Above.
DiSadvantageslfApproved:
None
Disadvanta9es If Not Approved:
Changes not made.
Total Amount of 0 CostlRevenue Budgeted:
Transaction: ,�,�{,;.�,;_� r �±„ a
FundinpSou�ce: ActivitvNumber: ��` ��� � ������
Financial Information: � A pp c� y � rpg�Qg
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