04-194Council File # ' t� �
Ordinance #
Green Sheet # O � C�
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Refened To
Committee Date :
A legislative ordinance to amend Saint Paul Legislative Code Chapter 427, Health/Sport Clubs,
to facilitate title changes.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 427, Health/Sport Clubs, of the Saint Paul Legislative Code is hereby amended to read as
follows:
Sec. 427.05. License requirements.
(a) Application. The initial 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; including a site
plan showing the off-street parking.
(2) Names and addresses of the property owner, the business owner, the lessee, the
manager ar operator and, if a corporation, all the names and addresses of the
officers of such corporation, and any other person ar 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
disposirion, for which any of the persons named in subparagraph (2) of this
paragraph (a) have been 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) yeazs immediately ��
preced'ang the date of appiication.
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1 (6) The previous experience of the persons named in subpazagaph (2) of this
2 paragraph (a) in a health(sport club or similar business.
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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 Minnesota, the reason therefor, and the business activity
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or occupation of the individual subsequent to such suspension, revocation or
denial.
Such application will then be reviewed by the division of public health, the building
inspection and design division, police department and such other departments as shall be deemed
necessary. Such departments will thereafter submit their reports and recommendations to license
inspector, who shall either grant or deny the license in accordance with the procedures set forth
in Chapter 310 of this Code.
(b) Hearing; notifzcation. At least thirty (30) days before a public hearing on an application
for a license, the office of license
inspections and environxnental protection shall notify by mail ali owners and occupants
who own property or reside within three hundred (300) feet of the properiy line of the
estabiishment 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 ihe neazest 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, th office of
license, insnections and environmental urotection 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 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" ofthe listed address. Only one (1) notice
need be maaled 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. Far pwposes 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 Sixmmit Avenue; Summat 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 reasonabie 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;
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(3)
The proxunity of the site for the healthisport club to churches, schools,
play�ounds, parks or other community facilities adversely affected; and
Traffic congestion and parking problems.
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6 (d) Basis for denial. Upon the recommendation of the license inspector and in accordance
7 with the procedures in section 310.04 and 310.05 of this Legislative Code, the council
8 may deny an application for renewal or grant of a license on the basis of a determination
9 that the public health, safety or weifare would be otherwise adversely affected, taldng into
10 account one (1) or more of the facts or circumstances in this section, or the grounds
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specified in section 310.06 of this Legislative Code.
(e) Restrictions may be imposed. Following such procedures, where a reasonable basis is
found by the council to impose reasonable restrictions upon the license, taking into
consideration one (1) or more oFthe 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, or impose
conditions as permitted by section 310.06(c) of this Legislative Code.
Section 2
That this ordinance revision shall take affect and be in force thiriy (30) days after its passage,
approval and publication.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
��
DepartmenUOfficelcouncil: . Date Initiated: V� � `�
Mo -MaY�S��e ,��-� Green Sheet NO: 3010353
ConWct Person 8 Phone: Denartment SeM To Person Initial/Date
' Reyne Rofuth , � 0 a or�s Once
����� Assign 1 a or's OfLce
Must Be on Councii /�qenda by (Date): Number 2 oancil
For
Routing
' Order
� Total # of Signature Pages _(Clip NI Locations for Signature)
� Aetion Requesied:
, Changes to Legislarive Ordivance, Chapter 427.
Recammendations: Approve (A) or Rejec[ (R): Persoaal Service Contracts Must Answer the Foliowing Questions:
° Planning Commission 1. Has this person/firm ever worked under a contract for this departrnent?
, CIB Committee Yes No
� Civil Service Commission 2. Has this person/firm ever been a ciry employee?
;.
Yes No
€', � ' 3. Does ihis personlfirm possess a skill nW nomrally possessed by any
�' current ci em lo
tY P Y��
Yes No
,. , � 6cplain aH yes answers on separate sheet and attacfi to green sheet
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
- I,egislative Ordinance Code changes to Chapter 427. See attached.
� AdvanWgeslfApproved:
• See Above.
� �isadvantat�es If Approved: �
' None
Disadvantages if Not Approved: ,
Changes not made.
Total Amount of
• Transaction: � CosURevenue Budgeted:
t�* ` A
. Funding Source: Activity Number:
�:P','�..; �
Financiallnformation: �p� 6p � r��yg�x
, (Explain) H G� LUSB`t