07-149Council File # � / �� l
Greea Sheet # �(5 3 I�i.�3
ORDINANCE
SAINT PAUL, MINNESOTA
Presented By
An ordinance amending the Saint Paul Legislative Code to reflect the creation of new
Department of Safety and Inspecrions.
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 19.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 19.01. Power of inspectors to issue summonses.
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All duly appointed, qualified and acting inspectors of either the departments of the city or
the board of water commissioners shall have the same power as possessed by police officers of
the city to issue summonses in the same manner and with the same force and effect as
summonses issued by police officers, but such summonses shall relate only to violations of the
Saint Paul Legislative Code relating to building construction, operation and maintenance; fire
and fire prevention; public health and sanitafion; water code; and zoning, and the provisions of
tl�e Minnesota Code of Agency Rules enforced by the Department of Safety and Inspections. tlre
. Said summonses shall be such form as approved by the Ramsey
County Municipal Court.
Section 2
Section 32.06 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 32.06. Cost; collection.
(a) Cost. The costs of contracting for such gazbage services shall include the actual fees
chazged by licensed haulers for garbage collection as well as the city's administrative
costs associated with contracting with licensed refuse haulers to provide the service to
property owners. If the city provides garbage service pursuant to section 357.07, the costs
shall include the city's costs in providing such a service to the properiy including, but not
limited to administrative costs as defined in section 32.02.
(b) Cost records. The
Department of Safetv and Inspections shall keep a record of the fees for garbage services,
the name and address of the owner, and costs associated with providing the service to the
property owner, and shall report such information to the director of fmancial services.
(c) Resolution approving total amount, setting date ofpublic hearing. On or before October
1 of each year, the division of real estate shall notify the city council of the total cost of
garbage services provided during the previous year and the portion of such costs to be
assessed against each lot and parcel of property benefitted from such service. Upon
receipt thereof, the council shall by resolution fix a date for a hearing before the
legislative hearing officer pursuant to section 32.06(d) and a date for public hearing at
which time the council shall consider adopting and levying the service chazges. The date
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of public hearing shall be at least riventy (20) days after adoption of said revolution.
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(d) Legislarive hearing officer. Prior to the public hearing, the legislative hearing officer
appointed by the council president shall hold a meeting to discuss the assessments to the
affected property. The legislative hearing officer may submit to the council a
recommendation based on informarion obtained at such a meering.
(e) Notice of council hearing. Following the adoption of the resolution provided in paragraph
(c) above, the division of real estate, shall publish a notice of the hearing in a daily
newspaper of the city at least five (5) days prior to the public hearing before council. The
notice shall state the date, rime and place of hearing, the purpose of the hearing, idenrify
the services provided and the property to be assessed a service charge therefor and shall
state the proposed rates of service chazges to be considered by the council.
(� Notice to owner(s). At least ten (10) days before the hearing, notice thereof shall be
mailed by first class mail to every known owner subject to the assessment, at his or her
last known address. Such notice shall also inform the recipient of the notice (i) of the
procedures he or she must follow under the charter in order to appeal the assessments to
the district court, and (ii) of the provision of Minnesota Statutes, Section 435.193 to
435.195 and the existence of any deferment procedure established pursuant thereto.
(g) Public hearing; adoption of assessment roll. On the date of public hearing the council
shall meet to consider the adoption of the proposed service charges. The council shall
hear all interested parties concerning the proposed charges. At such meeting or at any
adjoumment thereof, the council may amend the proposed service chazges, and shall, by
resolution, adopt the service chazges as a special assessment against the properties
deemed benefitted by the service.
(h) Certification to county for collection with taxes. After adoption by resolution of the
service charges and assessment rates thereof, and no later than November 15, the division
of real estate shall transmit a certified copy of the resolution to the Ramsey County
Department of Property Records and Revenue to be extended on the property taY list of
the county and collected the following yeaz along with current taxes.
(i) Appeal. Within twenty (20) days after adoption of the resolution adopting the service
chazges, any person aggrieved may appeal to the district court in the manner set forth in
chapter 14 of the City Charter.
Section 3
Section 33.01 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 33.01. Definitions.
The following words and phrases when used in this chapter shall have the meanings
respec6vely ascribed to them in this section:
Building o�cial. Building Code Official, of the Denartment of Safetv and Inspections ti�e
, ', or his/her designee, charged with
the administration and enforcement of the Minnesota State Building Code far the City of Saint
Paul.
Clean fzll. Materials consisting of at least ninety (90) percent natural soils with the
remaining ten (10) percent maximum composed of concrete, concrete block, brick, glass or
similar inert materials.
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DemoZition clean fzll. Materials consisting of more than ten (10) percent but less than
fifty (50) percent concrete, concrete block, brick, glass or similar inert material which has been
approved in writing by the Ramsey Counry Division of Solid Waste with the remaining
percentage comprising natural soils.
Ramsey County Erosion and Sediment Control Handbook. The document which contains
the erosion and sediment control practice specifications and the planning procedures to control
soil erosion and sedimentation adopted by the Ramsey County Soil and Water Conservation
District.
Section 4
Section 33.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 33.03. Permits—When required.
(a) Building and general constraction. No person shall construct, enlazge, alter, repair,
move, demolish or change the occupancy of a building or structure without first
obtaining a building permit from the building official. Permits for building or general
construction are not required for repairs for maintenance only or for minor alterations
provided they axe not requued under the Minnesota State Building Code, this chapter or
other pertinent provisions of the Saint Paul Legislative Code, and provided the cost of
such repairs and minor alterations does not exceed the present market value of five
hundred dollars ($500.00).
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(� Work done on dangerous structures, nuisance buildings and vacant buildings.
(1) No persons shall be issued a permit pursuant to this chapter, excluding a
demolition permit, for any building determined to be a dangerous structure under
chapter 43 or nuisance building uader chapter 45 of the Saint Paul Legislative
Code, or a vacant building as defined under section 43.02(7)(c), (d), (e) or (�
without first filing for and receiving a certificate of code compliance inspection
under section 33.06 or filing for and receiving a certificate of occupancy
inspection under this chapter. Any application for a permit issued under this
chapter, with the exception of a demolition permit, for work to be done on a
building determined to be a dangerous structure or nuisance building must be
accompanied by a deposit of five thousand dollars ($5,000.00). Such monies shall
be deposited with the Department of Safety and Inspections of.&ce�ftieensc,
o be held at an interest rate to be
established by that deparhnent until such time as the monies are refunded to the
permittee or forfeited to the city under the provisions of this section. In lieu of the
five thousand dollar ($5,000.00) deposit, a performance bond in the same amount
running in favor of the city may be submitted with the application for the permit.
(2) Except as otherwise specified in this section, a certificate of compliance under
section 33.06 or a certificate of occupancy under section 33.05 must be obtained
within six (6) months from the date of the original certificate of compliance or
certificate of occupancy inspection. One (1) six-month tune extension beyond the
initial six-month time limitation may be requested by the owner and will be
considered by the building official if it can be shown that the code compliance
work is proceeding expeditiously and is more than fifty (50) percent complete or
if unforeseen conditions have had significant schedule impact on the completion
of work.
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The provisions for completion of rehabilitation within six (6) months and the six-
month extension apply only to property not presently subject to any orders issued
to the property pursuant to chapter 43 or 45 of the Saint Paul L,egislarive Code by
the Denartment of Safetv and Inspections, �
�f:he department of fire and safety services or the city council.
Notwithstanding the time limitation established under this section, the city
council reserves the right to shorten the tnne period for completion of the
rehabilitation through any order or resolution issued pursuant to chapter 43 and
secrions 45.10 and 45.11 of this Code.
In the event the building is restored to habitable condition and a certificate of
compliance and/or certificate of occupancy is obtained within the time limits set
out herein, the five thousand dollars ($5,000.00) is eligible to be refunded with
interest by the Department of Safety and Inspections ,
(3) If a certificate of compliance or certificate of occupancy is not issued within the
time period authorized pursuant to this section, all monies deposited may be
forfeited without refund to the city and the city may proceed with a substantial
abatement action under the provisions of chapter 45 of this Code.
(4) If the city council determines that it is in the public interest to grant additional
time to complete the rehabilitation of the building(s) to habitable condition, it
may, by resolution, grant an additional six (6) months for tbe property to be
restored to habitable condition. One (1) six-month time extension beyond this
time limitation may be requested by the owner and will be considered by the
building official if it can be shown that the code compliance work is proceeding
expeditiously and is more than fifty (50) percent complete or if unforseen
conditions have had significant schedule impact on the completion of work.
If the initial five thousand dollars ($5,000.00) deposit or performance bond has
been forfeited for lack of progress, the city council reserves the right to increase
the amount of the required deposit or performance bond to continue work on the
dangerous structure, nuisance or vacant building to ten thousand dollars
($10,000.00); the puxpose of said bond shall be to off-set potential city expenses
associated with abating nuisance conditions.
(5) No building subject to the restrictions of this section shall be used for occupancy
until such time as the certificate of compliance andfor certificate of occupancy
relating to that building has been issued. Rehabilitation undertaken by the
deparhnent of planning and economic development shall be exempt from the
requirement for a cash deposit.
Section 5
Section 33.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 33.04. Establishment of permit fees.
(A) Fees required: Before issuing any permit required by the building code, this chapter or
other pertinent provisions of the Saint Paul Legislative Code, the fee as indicated in the
following schedule shall be paid.
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(G) Other permit fees: Permit fees for other than general construction shall be as follows:
(1)
Wrecking of buildings or structures. $4.00 per 1,000 cubic feet or fraction thereof,
minnnum $58.00, with the exceprion of signs as specified in paragraph (10)
below.
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Plumbing fees:
(a)
The fee for all initial permits issued by the Department of Safetv
and Inspections
protectioa shall be $76.00. In addition to this fee, the fee for each
fixture, whether set, rough-in, or replaced shall be $28.00. Each
water supply fixture shall be $6.00.
(b)
(c)
(d)
Drain waste and vent, water supply and fixtures.
Building sewer permit fees . . . . $62.00
Each private waste treatment system .... 213.00
Gas buming water heaters, dryers, ranges or other devices including gas
piping:
1.
2.
3.
4.
For devices up to 100,000 BTU's, each .... 28.00
Each additional 100,000 BTU's or portion thereof .... 11.00
Minimum fee . . . . 58.00
Maximum fee . . . . 757.00
Section 6
Section 34.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 34.07. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Code,
have the meanings indicated in this section.
Words used in the present tense include the future; the singular number includes the
plural and the plural the singular.
Where terms aze not defined in this section and aze defined in the state building code (as
adopted by the city under Chapter 33 of the Legislative Code), they shall have the meanings
ascribed to them in said building code.
Where terms are not defined under the provisions of this chapter or under the provisions
of the building code, they shall have ascribed to them their ordinarily accepted meanings and/or
such as the context herein may imply.
Approved. "Approved," as applied to a material, device or method of construction, shall
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mean approved by the enforcement officer under the provisions of this chapter, or approved by
other authority designated by law to give approval in the matter in quesrion.
Basement. That portion of a building partly below grade but so located that the vertical
distance from grade to floor is not greater than the vertical distance from the grade to the ceiling.
Provided, however, that if the vertical distance from the grade to the ceiling is five (5) feet or
more, such basement shall be counted as a story.
Boarding care home. This type of use is licensed and regulated by other city and state
laws. For purposes of this Code, a boazding care home shall be defined the same as contained in
the regulations of the state board of health.
Building. Any structure used or intended for supporting or sheltering any use or
occupancy.
Building code. The Minnesota State Building Code as adopted by the city under Chapter
33 of this Legislative Code.
Code compliance inspection. A comprehensive inspection conducted by the code
compliance inspection team at the Department of Safelv and Insnections ,
Dead bolt lock. A lock with a single cylinder, minimum one-inch throw, case-hardened
cylinder guard, all metal parts and tie screws facing the inside of the home only.
Dwelling unit. A building, or portion thereof, designed for occupancy by one (1) family
for residential purposes, used or intended to be used for living, sleeping and cooking or eating
purposes.
Electrical code. The National Electrical Code, as adopted by the State of Minnesota and
the City of Saint Paul Legislative Code, Chapter 33.
Enforcement officer. The Director of the Denartment of Safetv and Inspecrions or his/her
designee. ,
Exterior properry areas. Open space on the premises, on adjoining property and all
sidewalks, walkways and exterior stairs under the control of the owners or operators of such
premises.
Extermination. The control andJor elimination of insects, rodents or other pests by
recognized programs of integrated pest management which includes sanitation, harborage
control and the use of approved pesticides, trapping and other legal pest elimination methods.
Garbage. Discazded material resulting from the handling, processing, storage,
prepazation, serving and consumption of food.
Glazed area. The area composed of glass or other suitable materials required under the
provisions of the Minnesota State Building Code as adopted pursuant to section 33.02 of the
Saint Paul Legislative Code.
Grade. The elevation established for the purpose of regulating the number of stories and
the height of buildings. Grade shall be the mean level of the finished surface of the ground
adjacent to the exterior walls of the buildings.
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Gross floor area. The total azea of all habitable space.
Guest room. A room or a group of rooms in a licensed bed and breakfast facility forming
a single habitable unit which is located within the walls of a residential structure and which is
used or intended to be used for sleeping and living, but not for cooking or earing purposes and
which is let individually as a unit.
Habitable room. A room occupied by one (1) or more persons used or intended for
living, cooking, eating or sleeping purposes, but does not include batluooms, closets, water
closet compartments, laundries, serving and storage pantries, corridors, cellars and spaces that
are not used frequently or during extended periods.
Hotel. This type of use is licensed and regulated by other city and state laws. A"hotel"
shall be defined the same as found in Chapter 407 of the Legislative Code of the City of Saint
Paul.
Infestation. The presence, within or contiguous to a structure or premises, of insects,
rodents, vermin or other pests.
Let. To lease or to grant the use and possession of real property, whether or not for
compensation.
Mechanical code. The Minnesota State Mechanical Code as adopted by the city under
Chapter 33 of the Legislative Code.
Mixed municipal solid waste. Applied as defined in section 357.02 of this Code.
Motel. This type of use is licensed and regulated by other city and state laws. For
purposes of this Code, a"motel" shall be defined the same as "hotel.° (See Chapter 407 of the
Saint Paul Legislative Code.)
Nursing home. For purposes of this Code, a"nursing home" shall be defined as in the
regulations of the state board of health.
Occupant. Any person over one (1) yeaz of age (including owner or operator) living and
sleeping in a structure or having actual possession of such structure or residential unit.
Operator. Any person who has charge, care or control of a residential structure,
roominghouse or building in which dwelling units, rooming units or business spaces are let or
offered foroccupancy.
Owner. Owner or owners of the freehold of the premises or lesser estate therein, holder
of an unrecorded contract for deed, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, other person, firm or corporation in control of the premises.
Openable or openable area. That part of a window or door which is available for
unobstructed ventilation or escape and which opens directly to the outdoors.
Person. An individual, firm, corporation, association or partnership.
Plumbing. "Plumbing" or "plumbing fixture" shall mean water heating facilities, water
pipes, gas pipes, garbage and disposal units, waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, or other
similar equipment, catch basins, drains, vents or other similarly supplied fixtures, together with
all connection to water, gas, sewer or vent lines.
o
Plumbing code. The Minnesota State Plumbing Code, as adopted by the city under
Chapter 33 of the L,egislative Code.
Premises. A lot, plot or parcel of land including the buildings or structures thereon.
Professional state of maintenance and repair. Whenever the words "professional state of
maintenance and repair" aze used in this chapter, they shall mean that such maintenance and
repair shall be made in a reasonable and skillful manner.
Refuse. Putrescihle and nonputrescible solid waste, except body waste, and includes
garbage, rubbish, ash, incinerator residue, street cleanings, and solid industrial and market
wastes.
Residential structure. A"residential struchue," except when classified as an institution
under the building code, shall mean a building in which sleeping accommodations or sleeping
accommodations and cooking facilities as a unit are provided.
Rest home. For purposes of this Code, a"rest home" shall be defined the same as
contained in the regulations of the state board of health.
Roominghouse. Any residential structure or dwelling unit, supervised or not, which
provides living and sleeping arrangements for more than four (4) unrelated individuals for
periods of one (1) week or longer, any residential structure or dwelling unit which provides
single room occupancy (SRO) housing, as defined in the Federal Regulations CFR 882.102, to
more than four (4) unrelated individuals, or any building housing more than four (4) unrelated
individuals which has any one (1) of the following chazacteristics shall be considered and
regulated as a roominghouse:
(a) Rental arrangements aze by the rooming unit rather than the dwelling unit.
(b) Rooming unit doors are equipped with outer locks or chains which require
different keys to gain entrance.
(c) Kitchen facilities are provided for joint or common use by the occupants of more
than one (1) rooming unit.
(d) Rooming units are equipped with telephones having exclusive phone numbers.
(e) Rooming units are equipped with individual intercom security devices.
(fl Each rooming unit has a separate assigned mailbox compartment for receipt of
U.S. mail.
Rooming unit. Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking or eating purposes. This
definition includes, but is not limited to, guest rooms as defined in this section.
State buiZding code. The building code currently adopted by the state.
Structure. "Structure" shall mean that which is built or constructed, or any piece of work
artificially built up or composed of parts joined together in some definite manner.
Supplied. "Supplied" shall mean installed, furnished or provided by the owner or
operatpr.
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Ventilation. The process of supplying and removing air by natural or mechanical means
to or from any space.
Ventilation, mechanical. Ventilation by power-driven devices.
Ventilation, natural. Venrilation by opening to outer air through windows, skylights,
doors,louvers or stacks without wind-driven devices.
Yard. All ground, lawn, court, walk, driveway or other open space constituting part of the
same premises as a structure.
Zoning code. The "zoning code" consisu of Chapters 60 through 69 of the Saint Paul
I,egislative Code.
Section 7
Section 34.12 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 34.12. Installation and maintenance.
The owner of any premises regulated by this section, as specified in section 34.03, shall
comply with the following requirements:
(1) Private weZls. In all dwellings or multiple dwellings serviced by a private well for
drinking water purposes, coliform bacteria and nitrate testing of water shall be
conducted by the property owner every two (2) years. It shall be the responsibility
of the property owner to either:
a. Submit well water samples to the Deparhnent of Safetv and Insvections
for testing and analysis; or
b. Contract with a laboratory certified by the state department of health for
collection, testing and analysis. Within thirty (30) days of the testing, a
copy of the test results shall be submitted by the property owner to the
Department of Safety and Inspections ,'
', along with such fee as may be set by the city
council. The Denarnnent of Safetv and Insnections Bfiice-af�ieensc,
shall then issue a certificate to
the property owner, effective for two (2) years, verifying that the water
samples are within the standazds set for public health. All repairs and
installations shall be made in accordance with the provisions of Minnesota
Water Well Construction Code, Chapter 4725.
(2) Al1 facilities and eguipment. All required and supplied equipment and all building
space and parts in every residential building shall be constructed and maintained
to properly and safely perform their intended function in accordance with the
provisions of the applicable code.
Section 8
Section 34.23 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 34.23. Structures unfit for occupancy.
(1) Action authorized to condemn structures or units as unfitfor occupancy. Whenever an
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enforcement officer finds that any dwelling unit, structure or portion thereof constitutes a
hazard to the health, safety or welfare of the occupants or to the public for any of the
reasons enumerated in this chapter, including those violarions defined herein as
consrituting material endangerment, but which structure does not constitute a dangerous
structure, the officer may take action to condemn the unit or structure as being unfit for
occupancy.
**•
(7) Material endangerment violations. The following violations may constitute material
endangerment if in combination or alone the condirions aze substantial and expose the
occupants or the public to danger or peril:
(a) Lacking maintenance; dilapidation. Whenever the structure, or any portion
thereof, because of dilapidation, deterioration or decay; faulty construction; the
removal, movement or instability of any portion of the ground necessary for the
purpose of supporting such building; the deterioration, decay or inadequacy of its
foundation; or any other cause, is likely to partially or completely collapse; or
whenever any portion or member or appurtenance thereof is likely to fall, or to
become detached or dislodged, or to collapse and thereby injure persons or
damage property; or whenever the building has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become an
attractive nuisance to children; become a harbor for vagrants or criminals; or
enable persons to resort thereto for the purpose of committing unlawful acts.
(b) Fire hazard. Whenever the dwelling unit, structure, or any portion thereof,
because of obsolescence, dilapidated condition, deterioration, damage, inadequate
exits or access to exits, lack of sufficient fire-resistive construction, faulty electric
wiring, gas connections or heating apparatus, or other cause, is determined by the
enforcement officer to be a fire hazard.
(c) Unsanitary conditions. Whenever the dwelling unit, shucture or any portion
thereof, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities, unclean
fixtures, accumulation of garbage, refuse or combustibles, or otherwise, is
determined by the enforcement officer to be unsanitary, unfit for occupancy or in
such an unsound condirion that it is likely to cause or harbor sickness or disease.
(d) Insect, rodent or other pests. Whenever the dwelling unit, structure or any portion
thereof, has a substantial or severe insect, rodent or other pest infestation, rodent
burrows, open sewage systems or lacks approved rodent proofing of the structure.
(e) Lack of basic facilities. Whenever the dwelling unit, structure or any portion
thereof lacks water, hot water, approved electrical, heating or sewage disposal
systems, or where the existing systems are unsafe for continued operation.
(� Violations of other requirements. Whenever any dwelling unit, structure or any
part thereof is:
Constructed, exists or is maintained in violation of any specific
requirement or prohibition applicable to such residential structure or
structure provided by the state building code.
2. Occupied by more occupants than provided by this chapter; and
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Is erected, altered or occupied contrary to law.
(g) Dangerous conditions. Whenever, in the opinion of the enforcement officer, any
other condition exists which is so dangerous to the safety or health of the
occupants or the public as to justify condemnarion of the structure as unfit for
human occupancy. Such structure shall be deemed an unlawful structure and the
enforcement officer may cause such structure or dwelling unit to be vacated.
(h) Meth labs. Law enforcement agencies that idenrified conditions associated with a
clandestine drug lab site or chemical dump site which place neighbors, visiting
public, or present and future occupants of the site at risk for exposure to harmful
chemicals or other contaminants must promptly notify the city police chief or
designated representative, the city fire mazshal or designated representative,
appropriate child protection agencies, and the appropriate health authorities. T"he
notice must, at a minimum, identity the location of the site, the site owner, if
known, and the conditions found on the site.
1. Upon receipt of the notice provided for in Section 34.23(7)(h), the police
chief and the fue marshal must promptly notify the following parties:
a.
2.
3.
L7
The owner of the property if known
Occupants of the property.
a City enforcement officers in the Deuartment of Safety and
Inspections
> >
The notice must, at a minimum, include the location of the site, the name
of the property owner, if known, the type and nature of the contamination,
and the extent of the contamination.
The enforcement officer must also cause a copy of the notice of
condemnation to be posted at each appropriate access point to the site.
4. The structure must be vacated immediately unril it has been tested and
deemed safe for occupancy by a company certified by the state to do
testing and abatement of hazardous material. The structure shall remain
vacant until decontamination by a certified hazardous material company is
completed.
5. Upon receipt of the notice and order, the owner will be responsible for the
following:
a. Insure that the site and all surrounding azeas determined to be at
risk are properly vacated;
b. Engage an appropriate environmental testing firm to assess the
extent of the contamination, monitor the clean up process, provide
follow up testing after the completion of the clean up process, and
certify that the risks of contaminarion have been sufficiently
reduced to allow safe occupancy of the site;
c. Engage an appropriate contractor to properly clean the site in
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e.
accordance with guidelines of the state department of health;
Provide the city with copies of all tesring results and the clean up
pian;
Keep the city regularly advised through the process of the testing
and clean up;
f. Upon completion of the clean up process, provide the city with a
copy of the certificarion from the tesring firm that the site is fit for
human occupation, and a written, signed statement that the clean
up met all state department of health guidelines.
6. If the owner, after due diligence, cannot be located or has not commenced
appropriate action toward the clean up of the site on or before the
commencement date established by the order, or has not completed the
process by the completion date established by the order, the city, its
officials, employees and agents, are hereby authorized to enter the
properiy for the purpose of abating the public nuisance through vacating,
testing and cleaning the site, or completing that process, in accordance
with the requirement of this chapter. When appropriate, the abatement
process may include the demolition and removal of any hazardous
building or structure.
�
The owner of the site is responsible for any and all costs incurred in the
clean up of that site including, but not limited to, the costs of vacating the
site and surrounding areas, testing, clean up, and public expenses.
Public expenses will include all wsts that may be incurred by the ciTy and
other public agencies such as:
a. Laboratory fees;
b. Preparing and serving notices;
c. Preparing and serving the order;
d. Posting the site;
e. Vacating the site and otber necessary properties;
£ Testing services;
g. Clean up services;
h.
Administrative fees;
F']
J•
Expenses incurred in recovering costs including all special
assessment expenses;
All other costs associated with the clean up of the site.
Within thirty (30) days after receipt of an invoice from the city, the owner
will submit payment in full of all city costs associated with the clean up
project.
12
o �-i� �
10. If the city has been unable to locate the owner, or the owner fails to submit
timely payment to the city the city is authorized to collect its costs by
assessing those costs against the property in the same manner as a special
assessment which will be certified and collected in the manner of a special
tax in accordance with applicable law.
(8) Whenever, in the opinion of the enforcement officer, a residential property is deteriorated
or dilapidated or unsanitary to the extent that a major rehabilitarion is necessary or the
condirion at the initial inspection prohibits the inspector from making a complete or
comprehensive inspection, the inspector may require a code compliance inspecrion. If the
property is condemned as "unfit for human habitation," full compliance with the code
compliance inspection may be required before reoccupancy is allowed.
Section 9
Section 34.24 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 34.24. Escessive consumption of city services.
(1) Council findings. The city council finds that some property owners take little or no
responsibility for the maintenance of their property until the city, through its various
inspections programs, has repeatedly ordered them to remedy violations of the property
maintenance chapters of the Saint Paul Legislative Code. Such property owners create
excessive costs for the city which are over and above the normal cost of providing
inspection services city-wide. Property owners who must repeatedly be ordered to
remedy code violations on their properry consume an unacceptable and disproportionate
share of limited city resources. Therefore, it is the intent of the city council, by the
adoption of this section, to impose and collect the costs associated with reinspecrions and
the excessive consumption of city inspection services. The collection of such costs for
certain properties shall be by assessment against the real property requiring such
excessive inspection or reinspection services, pursuant to Minnesota Statutes, Section
429.101, which authorizes the council to provide for reinspection fees to be collected by
special assessment and allows cities to wllect the costs associated with removal or
elimination of public health or safety hazards and chapter 14 of the Saint Paul City
Charter.
(2) Definitions. For the purpose of this chapter, the terms defined in this section shall have
the meanings ascribed to them:
Excessive initial inspection means an inspection and observation of a new violation by an
enforcement officer at a specific property address after an enforcement officer has conducted
two prior initial inspections within a twelve-month period and found violations of the Saint Paul
Legislative Code under the jurisdiction of the Devartment of Safetv and Insvections department
, where the owner was notified in writing
pursuant to section 34.24(3).
Excessive inspection services fee means the fee to be imposed for a reinspection or
excessive initial inspection. The fee shall include, but not be limited to: the prorata salaries of
enforcement officers performing inspections of the subject property; the prorata cost of
equipment, materials and all other overhead costs used during inspection of the subject property,
including ownership searches and administrative and clerical costs; and the costs of any medical
treatment of enforcement officers injured as a result of these inspections.
Reinspection means that an enforcement officer has conducted an inspection of the
premises based upon a complaint or otherwise had occasion to view the premises and observed a
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violarion of any provision of the St. Paul I,egislative Code under the jurisdiction of the
Deparhnent of SafetV and Inspections
impranzmcat issued a written norice of the violarion(s), and reinspected the premises to
determine compliance with the notice and found noncompliance.
(3)
1. State that if the violations are not corrected within the time period
or periods required in the notice, the city's costs in conducting a
reinspection after the due date for compliance will be collected
from the owner or owners rather than being paid by the taxpayers
of the city; and
State that if additional new violations of the legislative code under
the jurisdiction of the Department of Safety and Inspections Nre
are discovered by enforcement officers within the next following
twelve (12) months, the city's wsts in conducting any addirional
inspections at the same location within such twelve (12) months
will be collected from the owner or owners rather than being paid
by the taxpayers of the city; and
3. State that such future costs will be collected by assessment against
the real property.
(4)
Initial inspection by enforcement offzcer, written notice.
(a) Written notice of violations. When an enforcement officer conducts an inirial
inspection of a premises and determines that violations of the provisions of the
legislarive code under the jurisdiction of the Department of Safety and
Ii15p0GhOIIS
exist, the enforcement officer shall, in addition to any other action the
enforcement officer may undertake, serve written norice of the violation in
conformance with the requirements set forth in section 34.21 of this chapter.
(b) Notice for collection of reinspection costs and excessive initial inspection costs. If
the enforcement officer intends to collect the city costs for reinspections and
excessive initial inspections, then the written notice provided for in sections
34.24.(3)(a) and 34.21 must also:
Excessive consumption of inspection services, fee and liability.
(a) The city shall be entitled to collect its costs of enforcement from a property owner
who consumes either reinspection services or excessive initial inspection services.
An excessive consumption of either reinspections or excessive initial inspection
services occurs after:
1.
2.
3.
Written notice of a violation is served under section 34.24.(3) following
an initial inspection; and
One additional initial inspection is performed at the same location within a
consecutive twelve-month period after the fust initial inspection for which
a notice of violation was served; and
During each of the two initial inspections under subpasagraph (3), the
enforcement officer finds violations of the Saint Paul Legislative Code
under the jurisdiction of the Department of Safety and Inspections
F[!
� �
. . . .. ...... �•...... �. ..•
- �- . . .�' .
4. Written notice of a violation is served under secrion 34.24.(3) following
an initial inspecrion; and
The enforcement officer conducts an inspection afrer the due date for
compliance on the notice and detemunes that the violation still exists.
(b) A fee of fifry dollazs ($50.00) may be charged for the first initial inspecrion after
the circumstances described under section 34.24.(4)(a) subdivisions 1 and 2, and a
fee of seventy five dollars ($75.00) may be chazged foz the second initial
inspection after the circumstances described under secrion 34.24.(4)(a)
subdivisions 1 and 2, and a fee of one hundred fifty dollazs ($150.00) may be
charged for each subsequent initial inspection within a twelve-month period after
the circumstances described in section 34.24.(4)(a) subdivisions 1 and 2.
(c) A fee of fifty dollars ($50.00) may be charged for the first reinspection described
in secrion 34.24.(4)(a) subdivisions 4 and 5. A fee of seventy-five dollars ($75.00)
may be chazged for the second reinspection described in section 34.24.(4)(a)
subdivisions 4 and 5. A fee of one hundred fifty dollars ($150.00) may be charged
for each subsequent reinspection described in section 34.24.(4)(a) subdivisions 4
and 5.
(d) No fee under section 34.24.(4)(a) shall be charged where the city has issued a
written notice pursuant to section 34.24.(3) but has abated the violation under
section 4510 or 45.11 of the Saint Paul I,egislative Code and assessed the costs
of such abatement under section 45.11.1 of the Saint Paul Legislative Code.
(e) The amount of the excessive consumption of inspection services fee shall be a
debt owed to the city and shall 6e collected by special assessment under the
authority in Minnesota Statutes, Section 429.101 and the Charter.
(� Action under this section does not preclude any other civil or criminal
enforcement procedure.
(5) Cost; collection.
(a) Cost records. The enforcement officer shall keep a record of the costs for
excessive consumption of inspection services, the name and address of the owner,
the dates of the inspections giving rise to the excessive consumption of inspection
services, the observed violafions of the Saint Paul Legislative Code under the
jurisdiction of the Deuartment of Safetv and Insnections dre �eparirncntaf
, and the total amount of the
costs for excessive consumption of inspection services to be collected against a
particular property, and shall report such information to the director of financial
services.
(b) Resolution approving total, setting date of public hearing. On or before October 1
of each year, the director of financial services or his or her desi�ee shall norify
the city council of the total cost of such excessive inspection services performed
during the previous year and the portion of such costs to be assessed against each
lot and parcel of property that utilized excessive inspection services. Upon receipt
thereof, the councii shall by resolution fix a date for public heazing at which time
the council shall consider adopting and levying the service chazges. The date of
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public hearing shall be at least twenty (20) days after adoption of said resolution.
(c) Notice of council hearing. Following the adoprion of the resolution provided in
pazagraph (b) above, the director of fmancial services shall publish a notice of the
hearing in a daily newspaper of the city at least five (5) days prior to the public
hearing. The notice shall state the date, time and place of hearing, the purpose of
the hearing, idenrify the services provided and the property to be assessed a
service charge therefor, and shall state the proposed rates of service charges to be
considered by the council.
(d) Norice to owner and interested parties. At least ten (10) days before the hearing,
notice thereof shall be mailed by fust class mail to the owner and any interested
party known to the city, at his or her last lmown address. Such notice shall also
inform the recipient of the notice:
Of the procedures he or she must follow under the charter in order to
appeal the assessments to the district court, and
2. Of the provisions of Minnesota Statutes, Sections 435.193 to 435.195 and
the existence of any deferment procedure established pursuant thereto.
(e) Public hearing; adoption of assessment roll. On the date of public hearing the
council shall meet to consider the adoption of the proposed service charges. The
council shall hear all interested parties concerning the proposed charges. At such
meeting or at any adjoumment thereof, the council may amend the proposed
service charges, and shall, by resolution, adopt the service charges as a special
assessment against the properties which utilized excessive inspection services.
Special assessments levied hereunder shall be payable in a single installment.
(f j Certification to county for collection with taxes. After adoption by resolution of
the service chazges and assessment rates therefor, and no later than November 15,
the city clerk shall transmit a certified copy of said resolution to the county
department of property taxation to be extended on the proper taY list of the county
and collected the following year along with current taxes.
(g) Appeal. Within twenty (20) days after adoprion of the resolution adopring the
service charges, any person aggrieved may appeal to the district court in the
manner set forth in chapter 14 of the City Charter.
Section 10
Section 37.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
..,.`�,z�.
13Q�)I1UAtY� 11111� l�l�����1�1��1
. .. •. : . . . . •
Section I1
Section 41.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 41.01. Separate system required.
i�:1
o �-i��
In all buildings and premises, except one- and two-family dwellings hereafter (September
20, 1971) erected, the storxnwater drainage from such building or premises shall be run in an
entirely separate system of piping from the sanitary sewerage and shall be carried in the building
storm drain and the building storm sewei to the public storm sewer in the street, alley, easement
or thoroughfaze where a public storm sewer exists or shall be run out sepazately to the properry
line and there combined with the building sanitary sewer where a combined sewer only exists in
the street, alley, easement or thoroughfaze, when approved by the Department of Safety and
Insnections �
serviees and the department of public works. This connection will not be allowed for one-and
two-family dwellings. The invert of the building storm sewer shall not be deeper than five (5)
feet at the property line.
Section 12
Section 43.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 43.02. Definitions.
Unless otherwise �pressly stated, the following terms shall, for the purpose of this
chapter, have the meanings indicated in this section.
(1) Dangerous structure: A structure which is potentially hazardous to persons or
property, including, but not limited to:
a. A structure whicb is an dangex of partial or complete collapse;
b. A structure with any exterior parts which are loose or in danger of falling;
or
c. A structure with any parts, such as floors, porches, railings, stairs, ramps,
balconies or roofs, which aze accessible and which are either collapsed, in
danger of collapsing or unable to support the weight of normally imposed
loads.
(2) Enforcement officer: The director of the Denartment of Safetv and Inspections
, or duly
authorized representative.
(3) Owner. Those shown to be the owner or owners on the records of the Ramsey
County Deparhnent of Property Taxation, those identified as the owner or owners
on a vacant building registration form, holder of an unrecorded contract for deed,
a mortgagee or vendee in possession, a mortgagor or vendor in possession,
assignee of rents, receiver, executor, trustee, lessee, other person, firm or
corporation in control of the freehold of the premises or lesser state therein. Any
such person shall have a joint and several obligation for compliance with the
provisions of this chapter.
(4) Secured by other than normal means: A building secured by means other than
those used in the design of the building.
(5) Unoccupied: A building which is not being used for a legal occupancy as defined
in the Saint Paul Legislative Code.
(6) Unsecured: A building or portion of a building which is open to enhy by
unauthorized persons without the use of tools or ladders.
17
��)
Yacant building: A building or portion of a building which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by other than normal means;
c. Unoccupied and a dangerous structure;
d. Unoccupied and condemned;
e. Unoccupied and has multiple housing or building code violations;
o�-���
Condemned and illegally occupied; or
g. Unoccupied for a period of time over three hundred sixty-five (365) days
and during which time the enforcement officer has issued an order to
correct nuisance condirions.
(8) Code violations: violations of any code adopted and/or enforce by the city, which
may include but not be limited to the St. Paul Legislative Code, codes covering
plumbing, electrical, mechanical or building construction, installation or
maintenance standazds, zoning or fire codes.
Section 13
Section 45.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 45.02. Definitions.
The following definitions shall apply to this chapter:
Attractive nuisance: A condition such as a dangerous structure, an unsecured vacant or
condemned building, or other condition which in the opinion of the enforcement officer may
attract nonowner(s) ar other unauthorized person(s) and which would expose them to risk, peril
or danger.
Enforcement officer: The
representarive.
the
�:��."
the deparhnent of police, or their duly
Extermination: The control and/or the elimination of insects, rodents and other pests by
integrated pest management which promotes sanitation, harborage control and other nonlethal
control methods before the use of legal approved pesticides, trapping and other pest elimination
methods.
Hazardous waste.• Any waste material so defined by Minnesota Statutes 116.06,
subdivision 13 or described or listed as hazardous waste in Minnesota Rules Chapter 7045,
known as Minnesota Pollution Control and Hazardous Waste Division Hazardous Waste Rules.
Interested party.• Any owner of record, occupying tenant or lien holder of record.
Last known address: The address shown on the records of the Ramsey County
Deparhnent of Property Taxation ar a more recent address known to the enforcement officer. In
the case of parties not listed in these records, the last known address shall be that address
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983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
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1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
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1011
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1037
obtained by the officer after a reasonable seazch.
Mail: Service by mail shall mean by depositing the item with the United States Postal
Service addressed to the intended recipient at his or her last known address with first class
postage prepaid thereon.
Noxious substances: Substances, solid or fluid, gaseous or odorous, which are
detrimental to health, hurtful or dangerous. Noxious substances shall include, but not be limited
to, any dead wiuial or portion thereof, putrid cazcass, decayed animal matter, green hides, or any
putrid, spoiled, foul or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or
anunal excrement or manure.
Nuisance building: A vacant building or portion of a vacant building as defined in section
43.02 which has multiple housing code or building code violations or has been ordered vacated
by the city and which has conditions constituting material endangerment as defined in Saint Paul
I,egislative Code section 3423(g), or which has a documented and confirmed history as a
blighting influence on the community.
Owner: Those shown to be owner or owners on the records of the Ramsey County
Department of Property Taxation.
Personal service: Service by personally handing a copy to the intended recipient or by
leaving a copy atthe intended recipienYs residence or place of business with a person of suitable
age and discretion.
Privy: Any type of nonflush fixture for the receipt and storage of human waste including
fixed units with vaults as well as portable units.
Properry: Any parcel of land whether vacant or not, whether any structure thereon is
occupied or not, or whether submerged or not.
Refuse: Putrescible and nonputrescrible and combustible and noncombustible waste,
including paper, garbage, material resulting from the handling, processing, storage, preparation,
serving and consumption of food, vegetable or animal matter, offal, rubbish, plant wastes such as
tree trimmings or grass cuttings, ashes, incinerator residue, street cleanings, construction debris,
detached vehicle parts, and solid industrial and mazket wastes.
Responsible party: Any one (1) or more of the following:
(1)
�2)
(3)
(4)
(5)
(6)
��)
�
Agent;
Assignee or collector of rents;
Holder of a contract for deed;
A mortgagee or vendee in possession;
Receiver or executor or trustee;
Lessee;
Those known to the enforcement officer as having an ownership interest; or
Other person, firm or corporation exercising appazent control over a property.
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1080
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1082
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1088
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1091
1092
Weeds shall mean and include not only such noxious weeds as aze enumerated in
Agriculture Rule 1505.0730 of the State of Minnesota Rules, but also such useless and
troublesome plants as aze commonly known as weeds to the general public that aze over eight (8)
inches in height.
Section 14
Section 45.03 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 45.03. Nuisance.
A"nuisance" shall mean any substance, matter, emission or thing which creates a
dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary
condition of the city or which is offensive or has a blighting influence on the community and
which is found upon, in, being discharged or flowing from any street, alley, highway, railroad
right-of-way, vehicle, railroad car, water, excavation, building, erection, lot, grounds or other
property located within the city. Nuisances shall include, but not be limited to, those set forth in
tl�is section.
(1) Dangerous structure. A structure which is potentially hazardous to persons or
property including, but not limited to:
�
�2)
Q
A structure which is in danger of partial or complete collapse; or
A structure with any exterior parts which are loose or in danger of falling;
or
c. A structure with any parts such as floors, porches, railings, stairs, ramps,
balconies or roofs which are accessible and which are either collapsed, in
danger of collapsing, or unable to support the weight of normally imposed
loads.
Dumped snow. Accumulated snow and ice that is brought in from another
location and dumped, kept or stored in such a condition that litter, gravel or
melting snow/ice create a dangerous or unhealthy condition.
(3) Exterior surfaces. All exterior surfaces of residential structures or accessory
thereto having a surface covering material that is blistered, cracked, flaked, scaled
or chalked away, ox has exposed wood that is not protected from the elements and
decay by paint or other protective covering treatment, which creates a blighting
influence on the community.
(4) Fire hazards. Any thing or condition on the property which, in the opinion of the
enforcement officer, creates a fire hazard or which is a violation of the fire code.
(5) Firewood. Piles of wood cut for fuel which are detrimental to the health, safety
and welfare of the public because of conditions including, but not limited to,
improper or unsafe storage, unelevated piles of wood, excessive quantities,
conducive to vermin harborage, and more than five (5) feet in height or closer
than ten (10) feet to a habitable building.
(6) Gra�ti. Any initials, marks, symbols, designs, inscriptions or other drawings,
scratched, painted, inscribed or otherwise affixed upon any structure without the
permission of the owner.
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(7) Grass and weeds. Grass which has grown upon any property to a height of eight
(8) or more inches or weeds.
(8) Hazards. Any thing or condition on the property which, in the opinion of the
enforcement officer, may contribute to injury of any person present on the
property. Hazards, which shall include, but not be 1'united to, open holes, open
foundarions, open wells, dangerous trees or lunbs, abandoned refrigerators or
trapping devices.
(9) Health hazards. Any thing or condition on the property which, in the opinion of
the enforcement officer, creates a health hazard or which is a violation of any
health or sanitation law.
(10) Insects, rodents and pest harborage. Conditions which are conducive to the
presence, hazborage or breeding of insects, rodents or other pests. Bees or pigeons
kept with written permission from and maintained in accordance with the
regulations of the division of public health aze exempt from the provisions of this
chapter.
(11) Nuisance building. Any building or portion of a building which is a nuisance as
defined in section 45.02.
(12) Obstructions over public sidewalks. Shrubs, bushes, trees, vines or other
uncontrolled vegetation which has grown over the public sidewallc and which
obshucts, interferes or renders dangerous for passage any public sidewallc.
(13) Open sewer lines and connections. Any broken sewer line or defective connection
to an underground sewer system which is open, broken, disconnected or which
has not been properly sealed and which could allow the egress of rodents from the
sewer.
(14) Pests. Pests shall include, but not be limited to, pigeons, grackles, stazlings,
snakes, bats, skunks, raccoons and squirrels.
(15) Pestfeeding. The intentional feeding of pests where such feeding reasonably can
be determined by the enforcement officer to cause or contribute to the hazborage,
breeding or pest infestation in that azea or neighborhood. The enforcement officer
may take into account the numbers of pests which aze fed, the overall population
of pests in the area, the danger and/or risk to the public health and welfare, and
the increased difficulty of control of the pests in the area in making a
determinarion. The term "pest," for the purpose of this subsection, shall include,
but not be limited to, pigeons, squirrels, grackles and stazlings.
(16) Rankplantgrowth. Overgrown, uncontrolled vegetation, shrubs, trees, vines that
are conducive to the accumulation of refuse, debris or the harborage of vermin.
(17) Refuse, noxious substances, hazardous wastes. Refuse, noxious substances or
hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried or
dischazged upon, in, being discharged or flowing from any property, structure or
vehicle, except for:
a.
�
Refuse deposited at places designated and provided for that puxpose by
this Legislative Code;
Refuse stoxed in accordance with provisions of this Legislative Code or
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vehicle parts stored in an enclosed structure;
Compost piles established and maintained in accordance with the
regulations of Chapter 357 of this I,egislarive Code;
c� uq
Dead animals buried with written permission from, and in accordance
with the regulations of, the Deuarhnent of SafetY and Inspections �ivisien
ofpab�ickealtk; or
e. Green hides received, stored, dressed, packed or sold with written
permission from, and in accordance with the conditions set by, the
Department of Safety and Inspeckons ' .
(18) Sanitary structures. Structures for sanitation such as privies, vaults, sewers,
private drains, septic tanks, cesspools, drain fields which have faited or do not
function properly or which are overflowing, leaking or emanating odors. Septic
tanks, cesspools or cisterns which are abandoned or no longer in use unless they
are emptied and filled with clean fill. Any vault, cesspool or septic tank which
does not meet the following criteria:
a. The bottom and sides are cemented to make impervious to water;
b. The bottom is at least six (6) feet below grade;
c. Proper ventilating pipes and covers are provided;
d. Itis properly located in accordance with applicable Minnesota State
Statutes and city ordinances;
e. It is cleaned at least once a year; and
£ The property served is located such that connection to the public sewer is
impractical.
(19) Stagnant water. Stagnant water standing on any property. Any property, container
or material kept in such a condition that water can accumulate and stagnate.
(20) Statute and common law nuisances. Any thing or condition on property which is
known to the common law of the land, the Statutes of Minnesota, or the Saint
Paul Legislative Code as a nuisance.
(21)
�22)
(23)
Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions
of buildings which are unsecured.
Vehicles. Overweight and commercial vehicles as regulated under "General
Parking Restriction" section 157.04(a) and (b).
Vermin harborage. Conditions which, in the opinion of the enforcement officer,
are conducive to the harboxage or breeding of vermin.
(24) Vermin infestations. Infestations of vermin such as rats, mice, squirrels, skunks,
snakes, bats, grackles, stazlings, pigeons, bees, wasps, cockroaches or flies;
except for bees or pigeons kept with written permission from, and in accordance
with the regulations of, the Department of Safetv and Inspections. 9ffiee af
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Section 15
Section 45.12 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 45.12. Emergency abatement procedure.
When the enforcement officer determines that an amactive nuisance, a nuisance
condirion or a dangerous structure as defined in section 43.02 exists on a property which
constitutes an unmediate danger or hazard which if not immediately abated will endanger the
health or safety of the public and there does not exist sufficient time to follow the procedures of
sections 45.10 or 45.11, the city may abate the nuisance by the procedure described below:
(1) Order. The city shall order emergency abatement by an administrative order to be
signed by the duector of the Department of Safety and Inspections, departmeataf
, the director of the deparhnent
of nolic or their
designated representative.
(2) Notice of abatement. Following an emergency abatement, the council shall
schedule a hearing following notice thereof given in accordance with the
requirements set forth in section 14.01 of the Charter. The notice shall contain:
a.
b.
c.
d.
e.
A description ofthe nuisance;
The action taken by the ciTy;
The reasons for immediate action;
The costs incurred in abating the nuisance; and
The date, time and place of the public hearing.
(3) Legislative hearing o�cer. Prior to the hearing, the legislative hearing officer
appointed by the council president shall provide the owner with an opportunity to
meet and informally discuss the matter. The legislative hearing officer may
submit to the council a recommendation based on the information obtained at
such a meeting.
(4) Hearing. At the time of the hearing, the city council shall heaz from the
enforcement officer and any other parties who wish to be heard. After the hearing,
the city council may adopt a resolution levying an assessment for all or a portion
of the costs incurred by the city in abating the nuisance payable in a single
installment, or by up to ten (10) equal annual installments as the council may
provide.
Section 16
Section 46 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 46.02. Notice of discontinued service to be sent to the city.
All utility companies and governmental subdivisions which supply gas, electric, water,
hot water or steam service in the City of Saint Paul to any dwelling or building used for
residential purposes, including single-family or duplex structures, shall forward to the city a
notice whenever service has been discontinued for any reason for a period of thirty (30) days.
23
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Section 17
Section 48 of the Saint Paul Legislative Code is hereby deleted as follows:
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24
The norice shall include the reason for the disconrinuation of service. It shall be forwarded in a
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Section 18
Chapter 50.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 50.02. Definitions.
As used in this chapter, the terms defined in Minnesota Rules 1990, Chapter 7080.0020
are incorporated herein by reference and shall be applicable to the provisions contained herein.
The following additional definitions shall apply to this chapter:
Building official.• The head of the building inspection xm� division of the
Deuartment of Safetv and InsDections ,
Environmental health o�cial. The
Licensed inspector: A person licensed by the MPCA as an inspector or designer I for
evaluating site evaluations and designs; conducting compliance inspections and permitting
inspection activiries; issuing written certificates of compliance and notices of noncompliance;
and issuing and maintaining inspection reports.
Licensed pumper: A person licensed by the MPCA for measuring scum and sludge
depths for the accumulation of solids and removing these deposits; maintaining portable toilets;
storing and hauling septage; disposing of septage; identifying problems related to sewage tanks,
dosing chambers, baffles, maintenance hole covers and extensions, and pumps, and making
repairs; inspecting and evaluating water tightness of sewage tanks, dosing chambers, distribution
devices, valve boxes, or drop boxes; and cleaning supply pipes and distribution pipes.
.. .
. •
Minnesota Rules 1990, Chapter 7080. The state chapter containing minimum standards
and criteria for the design, location, installation, use and maintenance of individual sewage
treatment systems, as administered by the Minnesota Pollution Control Agency, Water Quality
Office.
MPCA. The Minnesota Pollution Control Agency.
Undisturbed soil. Undisturbed soil means soil in its original, natural state. It does not
mean soil which has been placed as fill in order to achieve soil sepazation.
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Section 19
Section 50.04 of the Saint Paul I.egislative Code is hereby amended to read as follows:
Sec. 50.04. Department of Safety and Inspctions 6ffice-of�£�P; environmental health
responsibility.
(a) The Department of Safetv and Inspections = ��r=hall be responsible for the
administration and enforcement of the maintenance provisions of this chapter, including,
but not limited to, notifying the owners of individual sewage treatment systems of
inspection dates, monitoring the results of maintenance reviews, ensuring that pumping is
performed as necessary, keeping on file inspecrion reports for each individual sewage
treahnent system, investigating complaints and ordering conective action necessary to
protect the public health, safety and welfare of the community.
(b) The Department of Safetv and Inspections vfficcaf�-�-shall have the power to:
(1) Require property owners to cease and desist from the use of an individual sewage
treatment system operating in a manner creating a hazard to the public health,
safety or welfare; and
(2) Condemn a dwelling as unfit for human habitation where the improper
functioning or failure of an individual sewage treatment system constitutes a
hazard to the public health, safety or welfare of the occupants of the dwelling.
Such action shall be in compliance with the provisions of Chapter 34.
(c) The building official or environmental health official shall have the authority to inspect
all individual sewage treatment systems. The owner or occupier of property with an
individual sewage treahnent system shall provide access at reasonable times for the
purpose of performing any inspection or review required under this chapter whenever
there is probable cause to believe that a hazard to the public health, safety or welfare
exists or when inspections and reviews are required or necessary to insure compliance
with the provisions of this chapter.
Section 20
Section 50.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 50.05. Department of Safety and Inspections 6fficebf-�FE�P; building official's
responsibility.
The building official shall be responsible for administration and enforcement of the
design, construction and installation provisions for this chapter for new systems and the
replacement and repair of existing systems, including, but not limited to, reviewing and
evaluating technical matters relating to system design and installation. The building official or
his/her agent shall be qualified and licensed by the MPCA as competent in the inspection of
individual sewage treahnent systems. The building official shall have the power to issue orders
to:
(1) Suspend or revoke permits or stop action upon information indicating that the
permit was issued in error or on the basis of inconect or inadequate information,
or that work is not being performed in compliance with the requirements of this
chapter.
(2) Require the correction of new or existing systems where, following inspection
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and review, a system is determined to be defective.
Section 21
Section 50.06 oFthe Saint Paul Legislative code is hereby amended to read as follows:
Sec. 50.06. Permit requirements.
(a) Permit required. No person shall install, alter, repair or extend any individual sewage
treatment system in the city without fust obtaining a permit from the building official for
the specific work and complying with the provisions of Chapter 33 of this Code. Permits
shall not be required for inspections involving the review and maintenance of systems. A
building permit or variance may not be issued for the addition of a bedroom on a
property served by a system unless the system is in compliance with the applicable
requirements, as evidenced by a certificate of compliance issued by a licensed inspector,
site evaluator or designer. However, the requirements may be waived between November
first and April thirtieth of each year provided that an inspection of the system is
performed no later than the following June first and the applicant submits a certificate of
compliance no later than the following September thirtieth.
(b) Application contents. Permit application shall be made in writing upon forms provided by
the building official and shall contain data including, but not limited to that required
under Minnesota Rules, Chapter 7080, and the following:
(1) Correct legal description of the property on which the proposed work is to take
place.
(2) Site plan, drawn to scale, showing the location of all proposed and existing
structures in relation to the boundary lines of the property; present or proposed
location of water supply facilities and water supply piping; the name of the
individual or firm who will install the sewage treatment system; tenain features
such as bluff lines, watenvays and water bodies; buried utilities; easements and
other unique features of the site.
A scale drawing showing the following shall be kept on file at the Denartment of
Saftev and Insnections affreebf��I':
a.
�
Lot dimensions;
House location;
c. Location and plan of the proposed individual sewage treahnent system;
d. Relative elevations, in Saint Paul datum, of the house, lot comers and soil
treahnent area;
e. Location and elevations of percolation test holes and soil borings;
£ Slope of ground at site of soil treahnent area; and
g. Distance to all surface waters, wells, proposed wells, springs or other
surface water within one hundred fifty (150) feet of the proposed soil
treahnent azea.
h. Soil test data, including soil boring logs, percolation test data with field
�]
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(3)
k.
I.
The following supporting data, which shall be kept on file at the Department of
Safetv and Inspections of£ice
a. Log of all soil exploration work, including a description of the vazious
strata encountered;
b. Groundwater conditions, including indications of seasonal groundwater
fluctuations, such as mottling, and the presence of gray soil coloration as
indicated by a soil color with a chroma of two (2) or less (Munsell Color);
c. Design data for the system;
d. Soil test data derived from soil borings and percolation tests for each
proposed site or installation shall be in accordance with Minnesota Rules
7080.0110. At a minimum, fow (4) satisfactory soil borings per site shall
be made. Borings shall be made by auger or excavation and shall be
staked and protected until notification that field evaluation has been
completed. If one (1) or more borings encounters unsuitable or limiting
conditions, additional borings shall be made in order to outline an
adequate azea of suitable soil conditions;
e.
Results of at least two (2) soil percolation tests per site performed
according to Minnesota Rules 7080.0110, subpart 4 and including:
Within the outlined azea, a minimum of two (2) percolation tests,
evenly spaced, shall be made. Where soil conditions vary within
the tested area, one (1) additional percolation test shall be made in
each soil type. Fill soils may require more than one (1) additional
percolation test;
g�
2. Percolation rates shall be determined for each test hole and
recorded on worksheets showing all measurements and
calculations.
Written verification from the installer that the system was installed as
designed and indicated on the "as built" drawings and in compliance with
all the requirements of Minn. Rules Chapter 7080, and this chapter, as
from rime to time amended.
Prior to final acceptance, a certificate of compliance and an"as builP'
notes, and locarion and identification of the test area.
Plans and details of the proposed installation or work, including
engineering data when required and supporting data attesting to
compliance with the minunum standazds of this chapter.
Building plans showing exisring and proposed room arrangement and
uses.
For other establishments, calculated or measured water use rates,
occupancy and occupantload.
Evidence of compliance with state or other jurisdiction regulations where
applicable.
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drawing of the system must be submitted to the Department of Safety and
Insnections affretof�3£�.
(4) No building permit shall be issued for the constzuction, alteration, expansion or
remodeling of any dwelling or other establishment served by an individual
sewage treahnent system until the permit required for the treahnent system has
been issued. Occupancy shall be prohibited until a fmal inspecrion of the system
has been conducted.
(c) Site evaluation. An evaluation of the site's suitability for an individual sewage treatment
system according to the evaluation factors provided in Minnesota Rules 7080.0110, shall
be made by an individual or firm licensed by the MPCA as a site evaluator.
Section 22
Section 5010 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 50.10. Operarion and maintenance.
(a) General requirements:
(1) Each individual sewage trearinent system existing as of the date of adoption of
this chapter, as well as those installed under this chapter, shall be operated and
maintained according to the provisions of this section.
(2) Responsibility for the proper operation and maintenance of individual sewage
treatment systems shall be as follows:
a. The owner of each dwelling unit or other establishment served by an
individual sewage treatment system shall be responsible for the adequate
and proper functioning and maintenance of the system. It shall be the
owner's responsibility to show that the individual sewage treahnent system
is in conformance with all requirements of this chapter, and that the
system properly treats and disposes of all sewage input from an occupied
building.
b. The Department of Safety and Inspections effree-ef�EP-shall investigate
complaints and order corrective action to protect the health, safety and
welfaze of the community in the event that the responsible owner is
negligent or fails to take action as required by this chapter.
(3) It shall be unlawful for an owner or occupant to allow inadequately treated
sewage to seep or flow to the surface of the ground or into surface or
groundwaters or to allow an overflow. Any system so performing shall be
pumped immediately by a licensed pumper and as often thereafter as necessary
until satisfactory repairs have been made. Any wsts related to pumping and
subsequent repairs shall be bome by the property owner.
(4) It shall be the responsibility of the owner to maintain accurate records of
maintenance, inspection and pumping and to report such data as required under
this chapter to the Deoartment of Safetv and Insuections �r� �-�—on forms
provided by the city.
(5) Failure on the part of the owner to inspect, pump and/or maintain the owner's
individual sewage treatment system as required by this chapter shall constitute a
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�)
(c)
o � i�9
nuisance which may be abated by the city pursuant to the provisions of Chapter
45.
Maintenance of all septic tanks. Sepric tanks shall be maintained as required in
Minnesota Rules Chapter 7080 and as follows:
(1) Each septic tank and existing septic tank shall be maintained in proper operating
condition at all times.
(2) A maintenance review of each septic tank shall be conducted once every two (2)
years as required in section 50.11(4) of this chapter. Verificarion of the
maintenance review and a full reporting of the results shall be submitted to the
Department of Safetv and Insnecrions - `ornco-o� i�rupon forms provided by the
Department of Safety and Inspections �.
(3) In any instance where it is determined that maintenance practices or procedures
are inadequate or improper, the Department of Safety and Inspections office
��shall require the owner to comply with the provisions of this chapter.
Pumping:
(1) Whenever inspection of the septic tank discloses that the accumulated sludge in
the bottom of the tank has reached a point twelve (12) inches or less from the
bottom of the outlet baffle device, or that the bottom of the floating scum layer is
less than three (3) inches above the bottom of the outlet baffle device, the owner
shall have the tank promptly pumped to remove all accumulated septage.
Pumping shall be performed by a licensed pumper.
(2) No septic tank shall remain in service without being pumped at least once every
rivo (2) years, whether or not the measurement indicates a sludge buildup. Each
existing septic tank shall be pumped at least once within twenty-four (24) months
of the effective date of this chapter and thereafter at least once within twenty-four
(24) months of each subsequent pumping.
(3) Whenever inspection of pump stations, distribution devices or drop boxes
indicates the accumulation of solids, such devices shall be promptly cleaned.
(4) Every septic tank pumping shall be reported by the owner to the Department of
Safetv and InsUections effreebf�I£-P-on forms provided for that purpose within
thirty (30) calendaz days of the pumping. The report shall include the owner's
name and address, the date of the pumping, the contractor who performed the
pumping, the number of gallons removed and the location of sewage disposal.
(5) Pumping for the removal of septage shall be performed only by persons ar firms
licensed by the MPCA as pumpers.
(6) Disposal of septage shall be only at approved disposal sites or facilities. Dumping
or spreading of septage on the surface of the ground is prohibited. Disposal of
septage within the city shall be by means approved by the office of public works.
(7) The Deparhnent of Safetv and Inspections ��P maintain
appropriate records of septage pumping and disposal activities and shall require
such reporting by owners as is reasonable and necessary to ensure that adequate
maintenance and disposal is being accomplished.
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Section 23
Section 50.11 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 50.11. Inspecrion requirements for existing, new and replacement systems.
(1) Existing systems; compliance inspection criteria: An inspection of an existing system
must evaluate for the following criteria:
(a) Imminent threat to public health or safety as indicated in section 50.12.
(b) An existing system that is not an imminent threat to public health or safety need
not be upgraded, repaired or replaced, or its use discontinued which has at least
two (2) feet of undisturbed soil separation between the bottom of the distribution
medium and the top layer of either the consolidated and unweathered parent
material or the seasonally sahuated layer.
(c) Paragraph (b) does not apply to systems in shore land areas regulated under Minn.
Stat. §§ 103F.201 to 103F.221, wellhead areas as defined in Minn. Stat. §
103I.005, or those used in connection with food, beverage, and lodging
establishments regulated under Minn. Stat. Chapter 157.
(d) If the system is failing as indicated in section 50.13, the system must be upgraded,
replaced or its use discontinued within ten (10) months of a notice of
noncompliance.
(e) If the system fails to provide sufficient groundwater protection, the system must
be repaired, replaced, or its use discontinued within ten (10) months of a notice of
noncompliance.
(2) Existing systems; certificate of compliance: All existing individual sewage treatment
systems shall be inspected by a licensed inspector. The certiFicate of compliance shall be
given to the owner and a copy submitted to the Deparhnent of Safetv and Inspections
�P-within thirty (30) days of the compliance inspection. The certificate of
compliance must include but is not limited to the following:
(a)
�)
(c)
(d)
(e)
Date of the inspection.
Address of the system location.
Name and address of the property owner.
Name, address and MPCA license number of the licensed inspector who
conducted the inspection and issued the certificate.
A certified statement from the licensed inspector or qualified employee who
conducted the compliance inspecrion indicating that the individual sewage
treatment system is in compliance with MN Rules 7080 and this chapter.
(fj The licensed inspector shall prepare a scale diagram of the sewage treatment
system, or verify that such a diagram is on file with the Department of Safetv and
Insnections ��=, which shows the location of the system and its
components, the locarion of other water supply wells, if present, the size and
depth of the system, the depth to the seasonally high water table or bedrock, the
size and integrity of the tank, and baffles on the tank. One (1) copy of the diagram
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shall thereafter be kept on the premises and a second copy shall be kept on file at
the Devarhnent of Safetv and Inspections �. The diagrams shall be
updated when alterarions or extensions are made to the system or private well.
(g) A copy of the inspecrion report, on forms to be provided by the Department of
5afetv and Insoections officc-of�i£-P, and proof that the system meets the
requirements of this chapter as evidenced by a certificate of compliance shall be
submitted to the environmental health officer within thirry (30) days of the
inspection. In addition to the inspection report, the property owner shall submit to
the Deparhnent of Safetv and Inspections officzvf�EE-P fee as may be set
by the city council.
(h) Upon receipt of a complete inspecrion report, certificate of compliance and fee,
the environmental health officer shall notify the property owner that the owner
has complied with the inspection requirements of this chapter for existing
systems.
(i) The owner of an existing system that has had their system inspected by a licensed
inspector and has submitted the appropriate reports and fees to the Department of
Safety and Insvections �-�-before August 1, 1997, are not required to
have a compliance inspection and certificate of compliance except if the system is
replaced, upgraded or repaired, or the issuance of a permit for the addition of a
bedroom.
(3) Existing systems; notice of noncompliance: When conducting a compliance inspection,
the licensed inspector must immediately provide notice of noncompliance to the property
owner upon discovery of noncompliance with the provisions of this chapter. The
inspector shall also immediately provide the Deparhnent of Safety and Insuections offree
af�P a copy of the noncompliance notice. The noncompliance notice must
specify why the system must be upgraded, replaced, or its use discontinued. The system
shall be upgraded, replaced, or discontinued within ten (10) months of receipt of orders
from the building official. However, for any system installed between May 27, 1989, and
January 23, 1996, which does not comply with these requirements, the property owner
has five (5) years from the date of the building permit to bring the system into
compliance.
(4) Existing systems; maintenance reviews: Maintenance reviews shall be conducted by a
licensed inspector or a licensed pumper according to the following standards in order to
monitor the condition of the system, assure its proper performance and protect surface
and groundwater quality:
(a) A maintenance review shall be performed at least every two (2) years. The review
shall include, but shall not be limited to:
1. Measurement of accumulated sludge and scum in the septic tank.
2. Review of effluent levels in soil treahnent systems provided with
inspection wells.
3. Review of pumps and pump stations when included as part of the system.
4. Review of distribution devices and drop boxes.
5. A list and description of any repairs or alterations made to the system
since the last maintenance review.
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6. Any condition of the system that constitutes an imminent threat to�l� ��
health and safety as defined in section 50.12 of this chapter.
Any condition of the system which constitutes a failing system as defined
in section 50.13.
(5)
(6)
(b) A copy of the review report, on forms to be provided by the Depazhnent of Safety
and Inspections �� , and proof that either the system meets the
requirements of this chapter or that any repa'us have been made, shall be
submitted to the environmental health officer at the Department of Safety and
Inspections �i���� oi�rwithin thirty (30) days of the date of the review.
Further, the property owner shall submit to the Deparhnent of Safety and
Inspections of&ce ofL�P-such fee as may be set by the city council. Upon
receipt of a completed report and accompanying fee, the Deparnnent of Safety
and Inspections �<r shall send notification to the property owner
indicating that the owner of the system has complied with the maintenance review
requirements of this chapter.
[Reserved.J
New construction and replacement systems; compliance inspection criteria:
(a) Compliance inspections shall be performed by the building official, or by a
licensed inspector, at each system installation, prior to any work having been
covered by backfill.
(b)
(c)
(d)
(e)
��
The owner or licensed inspector shall notify the building official at least twenty-
four (24) hours prior to the time work is ready for inspection or reinspecrion.
Work that is backfilled prior to required inspection may be ordered to be
uncovered whenever necessary to determine compliance.
Noted deficiencies shall be properly corrected and reinspected before work on the
project is continued.
No individual sewage treahnent system shall be placed or replaced in service until
final inspection and approval of the installation.
Fees for inspections or reinspections shall be as set by council resolution.
(7) New construction and replacement systems; certificate of compliance: Fina1 approval of
newly constructed or replacement systems shall be evidenced by a certificate of
compliance. The certificate of compliance shall be issued by a licensed inspector to the
owner and a copy submitted to the Department of Safety and Insoections �Eg.
The certificate of compliance must include but is not limited to the following:
(a)
ro>
(c)
(d)
Date of the inspection.
Address of the system location.
Name and address of the property owner.
Name, address and MPCA license number of the licensed inspector who
conducted the inspection and issued the certificate.
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(e)
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(8) New construction and replacement systems; notice of noncompliance: A licensed
inspector must immediately provide written notice of noncompliance to the system owner
upon discovery of noncompliance. The licensed inspector shall also immediately provide
the Department of Safety and Inspecrions affrce-afL�I' a copy of the
noncompliance notice. The norice of noncompliance must specify why the system is not
in compliance. T'he Department of Safetv and Inspections affice-af�3EP-shall issue
proper orders to bring the system into compliance. The system shall be brought into
compliance before a certificate may be issued approving use of the system. The
Deparhnent of Safetv and Inspections �shall review all notices of
noncompliance and inspection reports received and shall notify the owner of the property
if the system is in compliance or does not meet the compliance criteria set forth in
Minnesota Rules Chapter 7080 or this chapter.
Section 24
Section 50.15 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 50.15. Well water testing on lots with individual sewage treatment systems.
(a) Testing of water from existing wells:
(1) Coliform bacYeria and chemical (nitrate) testing of well water shall be conducted
for those parcels containing both an individual sewage treatment system and a
private water well on the effective date of this chapter. It shall be the
responsibility of the property owner to either:
(2) After the initial coliform bacteria and nitrate testing of water from all existing
private wells, coliform bacteria and nitrate testing shall be conducted every two
(2) years thereafter as described in subsection (a)(1) above. Within thirty (30)
days of the testing, a copy of the test results, on forms to be provided by the
Deparhnent of Safety and Inspections affiee-af�EP, shall be submitted by the
properry owner to the Department of Safety and Inspections effee�f-L�EP,
along with such fee as prescribed by the city council. The Deparhnent of Safetv
A certified statement from the licensed inspector who conducted the compliance
inspecrion indicating that the individual sewage treatment system is in
compliance with MN Rules 7080 and this chapter.
Name, address and MPCA license number of the licensee or qualified individual
who installed the system.
a. Submit well water samples, using kits from the Department of Safety and
Inspections , to the Deparhnent of Safety and
Insnections affite-af�.�EP or testing and analysis; or
b. Contract with a laboratory certified by the Minnesota Office of Health for
collection, testing and analysis. Testing and analysis shall occur within
twelve (12) months of the effective date of this chapter. Test results shall
be submitted by the property owner to the Department of Safetv and
Inspections affice-of forms to be provided by the Department of
Safety and Insoections .,°�ti - -c-viz'r�r, along with such fee as may be set
by the city council. The Department of Safety and Insnections offree
�I£^P then issue a certificate, to be good for two (2) yeazs, to the
property owner verifying that the water samples are within the standards
set for public health.
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and Inspecrions ��I'-shall then issue a certificate, to be good for two
(2) years, to the property owner verifying that the water samples aze within the
standards set for public health.
(b) Testing of water from wells instalZed after the effective date of this chapter. Coliform
bacteria and nitrate testing of water from all private wells installed after the effective date
of this chapter shall be conducted every two (2) years from the date of installarion as
described in subsection (a)(1) above. Within tl�irty (30) days of the testing, a copy of the
test results, on forms to be provided by the Department of Safetv and Tnspecrions office
of�P, shall be submitted by the properiy owner to the Deparhnent of Safetv and
Inspecrions offiee-nf��, along with such fee as prescribed by the city council. The
Department of Safety and Inspections =`��hall issue a certificate, to be good
for two (2) yeazs, to the property owner verifying that the water samples aze within the
standazds set for public health.
uu� u�cn�wib� r. n�u+aab�u nant:ii��i�uia�iu ie.abv�nn n.� n.r. nn
Section 25
Section 51.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 51.02. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this
chapter, have the meanings indicated in this section.
(a) "Dwelling" is any one- or two-family dwelling which is not owner-occupied and
homesteaded, and includes both the building or structure and the land upon which it is
located, as well as accessory use structures. The term "dwelling" also includes any
multifamily residential building or structure which (i) is not required to have a certificate
of occupancy under Chapter 33 of the Legislative Code, and (ii) is not exempt under
section 51.10 of the Legislative Code.
(b) "Director" is the director of the
and shall include any enforcement officer under
other duly authorized representative.
y and Inspections deparhxrent-of
nd his or her designee or designees,
or her supervision or direction, or
(c) "Family" is one (1) or two (2) persons or parents, with their direct lineal descendants and
adopted or legally cared for children together with not more than two (2) persons not so
related, living together in the whole or part of a dwelling comprising a single
housekeeping unit.
(d)
(e)
:��
"Owner" is the person, firm, corporation or other entity listed in the records on file in the
recorder's office as holding fee title to the dwelling, and includes the owner's authorized
agent.
"Authorized agent" is individual(s) with legal authority and capable of executing
documents for the sale of the dwelling(s) and authority over the proceeds of such sale.
The "recorder's office" is the Ramsey County Department of Property Records and
Taacation, or its division which maintains title and property records, and any successor
agency or deparhnentthereof.
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�S)
"Rental dwelling uniY' is any room or rooms, or space, in any dwelling designed or used
for residential occupancy by one (1) or more persons who are not the owner or a member
of the owner's family.
(h} "Residential occupancy" is occupancy in a building or portion thereof, for residential
purposes, used or intended to be used for living, sleeping, and cooking or eating
purposes.
(i) "Safety code" or "safety codes" include any fue, housing, health, safety or other similaz
code,law and ordinance, promulgated or enacted by the United States,the State of
Minnesota, the Counry of Ramsey and the City of Saint Paul, or any lawful agency or
department thereof, which are applicable to a dwelling in such city. Safety code includes,
without any limitarion of the foregoing sentence as a result of this specificarion, the
provisions of Chapters 33, 34, 43, 45, 49, 55, 56 and 58 of the Legislative Code.
Section 26
Section 54.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 54.03. Rental application fee requirements.
(a) Before taking a rental application fee, a rental property owner must disclose to the
applicant, in writing, the criteria on which the application will be judged.
(b) Application fees for rental properties shall not exceed the cost of the screening process,
which may include, but is not limited to, criminal background checks in Minnesota, and
other states if necessary, credit history and rental history of the prospective tenant(s).
Written information on the actual cost of the screening process shall be made available to
the prospecrive tenant or actual tenant on request. This written information shall include
the following statement: complaint that the rental application fee exceeded the actual cost
of screening should be directed to the Public Information and Comulaint Office eitp
attG�9
(c) If the applicant was charged an application fee and the rental property owner rejects the
applicant, then the owner must, within fourteen (14) days, notify the tenant in writing of
the reasons for rejection, including any criteria that the applicant failed to meet, and the
name, address, and phone number of any tenant screening agency or other credit
reporting agency used in considering the application.
(d)
(e}
The landlord must refiznd the application fee if a tenant is rejected for any reason not
listed in the written criteria.
Application forms must allow the applicant to choose which of the following methods
will be used for retum of the application fee.
(1)
�Z)
(3)
Mailing it to the applicant's chosen address as stated on the application form;
Destroying it; or
Holding the fee for retrieval by the tenant upon one business-day's notice.
( fl Nothing in this section shall prohibit a rental property owner from collecting and holding
an application fee so long as the rental property owner provides a v✓ritten receipt for the
fee and the fee is not cashed, deposited, or negotiated in any way until all prior rental
applicants either have been screened and rejected for the unit, or have been offered the
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unit and have declined to take it. If a prior rental applicant is offered the unit and accepts
it, the rentai property owner shall retum all appiication fees in the manner selected by the
applicant, pursuant to section (b).
Section 27
Secrion 54.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 54.04. Violation; penalty.
violations of this ordinance shall be invesrigated by
Notwithstanding the lack of a specific reference thereto, a violation of, or failure to
comply with, any section, provision, or requirement in this chapter shall be a misdemeanor and
shall be subject to sections 1.05 and 1.06 of the L,egislative Code, and to the provisions of
applicable state statutes. If a landlord or property manager is convicted of charging a prospective
tenant in excess of the allowable fee, or not returned a fee in violation of this chapter, the court
shall require restitution, in addition to other penalties that may be sought under this chapter. This
chapter is a part of the city health, safety, housing, fue prevention and housing maintenance
codes.
Section 28
Section 55.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 55.02. Enforcement.
The chief of the department of fire and safety services (hereinafter for convenience of
reference "chief' or "fire chief'), the Fire Marshal, or an iiisauthorized representatives shall
enforce the provisions of this chapter.
Section 29
Section 58.01 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 58.01. Definitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to
them in this section:
Department means the Department of Safetv and Insvections
Safetq Soroicerof the City of Saint Paul.
Hard-wired means direct wiring into a dwelling's electrical system in a permanent
manner, and includes wiring into an existing electrical junction box which is energized at all
times, in a manner that would prohibit occupancy interruption of electrical power to the detector.
Owner means the fee owner, contract for deed purchaser or other buyer of the single-
family dwelling as indicated on the certificate of real estate value on file with the Ramsey
County Auditor.
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Single famiZy dwelling means a building designed exclusively for and occupied
exclusively by one (1) family.
Smoke detector means a device designed for the detection of smoke and listed by an
approved testing agency for smoke detection purposes.
Truth-in-housing disclosure report means the written and signed evaluation of the
dwelling in quesrion by a person certified pursuant to Section 189.08, made in the form
prescribed by Section 189.04.
Section 30
Section 58.04 of the Saint Paul Legislative Code is hereby amended to zead as follows:
Sec. 58.04. Enforcement.
(a) The department shall, at least monthly, cause to be examined such truth-in-housing
disclosure reports for single-family dwellings as may have been filed for compliance
with the requirements of this chapter. If any report reflects noncompliance, then the
depariment shall issue a written order to the owner which shall contain the following:
(1)
�2)
(3)
(4)
�� i��
The address of the single-family dwelling as listed on the truth-in-housing report.
The requirement that a hard-wired smoke detector must be installed on the
premises within a specified period of time.
The installation of the smoke detector must be made in compliance with
applicable codes and ordinances.
The scheduled date of inspection for purposes of determining compliance with
this chapter.
(5) The penalty far failure to comply with this chapter in a timely manner.
(b) As further enforcement measures, the City of Saint Paul will:
(1)
�Z)
(3)
(4)
Via its Departrnent of Safetv and Inspections
serviees, develop a public education campaign to inform residents of the
requirements of this chapter.
Develop programs designed to encourage voluntary installation of hard-wired
smoke detectors.
Use its best efforts to develop a plan to reduce the financial burden of installation
costs to homeowners in hardship cases.
Use all means legally available to assure compliance with this chapter.
Section 31
Section 61.201 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 61.201. Zoning administrator.
(a) The building official of the Department of Safety and Insoections efi&cc-efiieeasc
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shall enforce this code and is hereby designated
the zoning administrator.
(b) The zoning administrator shall enforce the provisions of this zoning code and any
amendment thereto and shall have the power to certify zoning compliance and to make
inspections of buildings or premises necessary to enforce tlus code. It shall be unlawful
for the zoning administrator to approve any site plans, as required in article IV, site plan
review, of this chapter, or issue any permits for any excavation or construcrion unril such
plans have been inspected in detail and found to conform with this code.
(c) The zoning adminislzator shall determine whether lots, structures, or uses are legally
nonconforming by consulring building records, city directories and other pertinent
evidence for the purpose of carrying out the provisions of chapter 62.
(d) The 2oning administrator shall have no authority to change or to grant variances from the
terms of this code in carryiug out the duries of zoning administrator.
(e) Upon proper applicarion, and a finding of compiiance with the terms of this code by the
zoning administrator, the zoning administrator shall issue the permit applied for.
Section 32
Section 61.203 of the 5aint Paul Legislative Code is hereby amended to read as follows:
Sec. 61.203. Board of zoning appeals.
(a) Creation and membership. There is hereby established a boazd of zoning appeals, which
shall perform its duties and exercise its powers as provided by law in such a way that the
objectives of this zoning code shall be observed, public safety secured, and substantial
justice done. The board shall consist of seven (7) regulaz members and two (2) alternate
members appointed by the mayor with the consent of the council. Of the regular
members, one (1) member so appointed shall be a member of the planning commission
with appoinhnent coinciding with planning commission term. The appointments of the
remaining six (6) of the members shall be for the following period: two (2) members for
one (1) year, two (2) members for two (2) years, two (2) members for three (3) years.
Following the original appoinrinents, each member shall be appointed to hold office for
the full three-year term. The regular members of the board of zoning appeals shall
annually elect its own chairman, vice-chairman and secretazy. Alternate members shall
serve a term of three (3) years and may vote on matters before the board only in the
absence of a regular member(s). The compensation of the appointed members of the
board of zoning appeals shall be fixed by the council by resolution.
All members of the board of zoning appeals shall be qualified electors of the city and no member
shall be an official or employee of the city.
(b) Meetings. All meetings of the board of zoning appeals shall be held at the call of the
chairperson and at such times as such board may determine. Alt meetings conducted by
the board shall be subject to all applicable open meeting laws and ordinances. The
secretary, or lus representatives, shall keep minutes of its proceedings showing the vote
of each member upon each question, or if absent ar failing to vote, indicating such fact,
and shall also keep records of its hearings and other official acrion. Four (4) members of
the board shall constitute a quorum for the conduct of its business; provided, that no
action may be taken unless at least four (4) members vote in favor of such action. The
board shall have the power to administer oaths and, upon order of the district court, to
issue subpoenas, require the attendance of witnesses, compel testimony and the
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(c)
o�-iy�
production of books, papers, files and other evidence pertinent to the matters before it.
Decisions by the board ofzoning appeals.
(1) The boazd of zoning appeals shall conduct a hearing on an appeal or variance
applicarion and shall render a decision on the appeal or application without
unreasonable delay. Decisions of the board of zoning appeals shall be final
subject to later appeal to the city council.
(2} Any person may appear and testify at the hearing, either in person or by duly
authorized agent or attomey.
(3) All of the papers consrituting the record upon which the application or the
decision appealed from was taken, including, but not Innited to, the action of the
boazd of zoning appeals and the fmdings of fact, shall be retained in the
permanent files of the Deuartment of Safetv and Inspections - c�f $ce-of�ieensc
(4) After reaching a decision in accordance witt� this section, the board of zoning
appeals shall prepare a written report, including, but not limited to, findings of
fact and the action of the board, which report will be filed with the Deparhnent of
Safetv and Inspections ,
without undue delay.
(5) A copy of administrative appeals concerning the river corridor districts shall be
submitted to the commissioner of natural resources sufficiently in advance so that
the commissioner will receive at least ten (10) days' notice of the board's hearing.
A copy of all decisions granting administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10) days of such action.
Section 33
Section 61.302 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 61.302. Application forms and fees.
(a) Application forms and fee. All applicarions shall be filed on appropriate forms. Pursuant
to Minn. Stat. § 462353, subd. 4, a fee to defray the costs incuned in administering
official zoning controls established pursuant to Minn. Stat. § 462351-364, as set forth in
the schedule below, shall be paid by the applicant when a zoning application is filed. The
fee for applications filed with the planning administrator shall be paid to the department
of planning and economic development. The fee for applications filed with the zoning
administrator shall be paid to the Devartment of Safetv and Inspections -�r4fee
. Zoning control application fees shall be
amended by ordinance.
*r*
(c) Fee for permits and approvals subject to annual review condition. A holder of a
conditional use permit, nonconforming use permit or variance, which the planning
commission, board of zoning appeals or city council, has approved subject to annual
review, shall pay to the Deuartment of Safetv and Insqections ef.&ee-af�iecasc,
, at the time the zoning administrator provides
notice of the annual review to the permit holder, an annual review fee in the sum of fifty
dollars ($50.00).
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Section 34
C�� �--t�
Section 61.702 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 61.702. Appeals to city council.
(a) 1'he city council shall have the power to heaz and decide appeals where it is alleged by
the appellant that there is an enor in any fact, procedure or finding made by the boazd of
zoning appeals or the plauning commission. An appeal may be taken to the city council
by any person, firtn or corporarion or by any office, department, boazd or bureau affected
by a decision of the boazd of zoning appeals or planning commission. Such appeal shall
be taken within ten (10) days after the decision appealed from. Appeals of decisions by
the board of zoning appeals shall be filed with the Depaztment of Safetv and Inspections
'; appeals of decisions by the
planning commission shall be filed with the zoning section of the planning division.
Appeals shall specify the grounds thereof and be accompanied by payment of the
required fee.
(b) The city council shall conduct a hearing on the appeal, shall give due notice of the
hearing to all interested parties as required under section 61303, and shall render a
decision on the appeal without unreasonable delay. Any person may appeaz and testify at
the hearing either in person or by duly authoxized agent or attorney.
Section 35
Section 63.206 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 63.206. Rules for computing required parking.
(a) Far the purpose of computing the number of parking spaces required, the definition of
"gross floor azea" in section 60.207 shall apply.
.*�
(d) When at least one (1) of two (2) or more uses has a parking deficiency and their peak
parking hours do not overlap, the zoning administrator may permit the dual function of
their off-street parking spaces as long as peak pazking hours for the uses do not overlap
and the uses within the buildings do not change and thereby require additional off-street
parking. Building owners with such shazed pazking permits shall submit an annual
statement to the Department of Safety and Inspections �P which verifies the
nonconcurrent peak parking hours of the buildings involved with the shared parking
permit and a list of uses within each building to verify no changes in uses which would
require additional parking.
Section 36
Section 64.720 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 64.720. Saint Anthony Park special district sign plan.
The Saint Anthony Park special district sign plan, created as provided in section 64.601,
pursuant to Council File No. 99-305 applies to the area defined as follows: commencing at the
extreme northwest corner of the city, the boundary shall extend east along the city limit to
Cleveland Avenue, south along the city limit to a point near Como Avenue, and east along the
Cya
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city limit to the centerline of vacated Aldine Street, thence continuing south along the centerline
of vacated Aldine Street to the centerline of Wynne Avenue, east along the centerline of Wynne
Avenue to the centerline of Snelling Avenue, south along the centerline of Snelling Avenue to
the northerly right-of-way line of the Burlington Northem and Sante Fe Railway just south of
Energy Park Drive, westerly along such northerly railway right-of-way line to the centerline of
Cleveland Avenue extended north along the section line from University Avenue, south along
the centerline of Cleveland Avenue extended and Cleveland Avenue to the centerline of
Interstate Highway 94, westerly along the centerline of Interstate Highway 94 to the western city
limit, and thence north along the city lunit to the northwest corner of the city where the boundary
line began.
Within the Saint Anthony Park special sign district, signs shall be subject to the
following restrictions:
(1) No advertising signs shall be permitted except signs on transit shelters and
courtesy benches licensed or franchised by the city;
(2) Roof signs which advertise a product, service or entertainment which is offered,
sold or manufachued on the premises shall not be permitted, but a roof sign may
idenrify the name, logo and nature of the business carried on in the premises.
Signs within the Saint Anthony Park special sign district which lawfully existed prior to the
adoption of this sign plan and which would be prohibited, regulated or restricted under the
provisions of this sign plan or amendments hereto, may continue to exist as legal nonconforming
signs under the provisions of section 64.300 pertaining to nonconforming signs, subject to the
following additional requirements:
(1) No nonconforming sign shall be:
(a)
�)
(c)
(d)
(e)
Altered or enlarged in any way; or
Replaced by another nonconforming sign, though a change in the message
on a nonconforming sign will not be deemed to be a replacement; or
Relocated to any other location in the Saint Anthony pazk special sign
district; or
Reconstructed after incuning damage in an amount exceeding fifty (50)
percent of its replacement cost at the time of loss, as determined by the
city; or
Maintained through replacement of shuctural elements; or
(2) Any nonconforming sign shall be immediately removed from the Saint Anthony
Park special sign district at the cost of the owner if:
(a)
�)
(c)
It is an imminent danger to life or property; or
It incurs damage in an amount exceeding fifiy (50) percent of its
replacement cost at the time of loss; or
Use of such sign has been discontinued for a period of three (3)
consecutive months.
Whenever a permit for a sign in the Saint Anthony Pazk special sign district is required under the
43
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provisions of chapter 64, signs, such permit shall not be issued unless the plans for the sign have
been approved by the zoning administrator as in conformance with this sign plan. All building
permit applications for signs in the Saint Anthony Pazk special sign disirict shall be submitted to
the zoning administrator for review and approval. A fee to cover the costs of the review shall be
established by resolution of the city council. All plans submitted for zoning administrator
approval shall be of sufficient detail to demonstrate that the proposed sign complies with the
provisions of this sign plan. The zoning administrator shall review the plans within thirty (30)
days and notify both the applicant and the Department of Safetv and Inspections depmtmcat-af
of any decision to approve or disapprove the
plans. Written reasons for denial shall be prepared by the zoning administrator and shall
accompany any decision to disapprove the plans. Any decision by the zoning administrator may
be appealed as provided in chapter 61, administration and enforcement.
Section 37
Section 64.770 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 64.770. Downtown area special district sign plan.
(a) Intent and purpose. The downtown special sign district Plan, as provided in section
6.601, is adopted to provide advertising sign controls that build upon the unique character
and identity of the city's downtown. This sign plan is intended to:
**.
(d) Whenever a pemut for an advertising sign in the downtown special sign district is
required under a provisions of chapter 64, such pexmit shall not be issued unless the plans
for the sign have been approved by the zoning administrator as in conforxnance with this
sign plan. All building permit applications for advertising signs in the special sign district
shall be submitted to the zoning administrator for review and approval. A fee to cover the
costs of the review shall be established by resolution of the city council. All plans
submitted for zoning administrator approval shall be of sufficient detail to demonstrate
that the proposed sign complies with the provision of this sign plan. The zoning
administrator shall review the plans within thirty (30) days and notify both the applicant
and the Department of Safetv and Insuections
of any decision to approve or disapprove the plans. Written
reasons for denial shall be prepared by the zoning administrator and shall accompany any
decision to disapprove the plans. Any decision by the zoning administrator may be
appealed as provided in chapter 61, administration and enfozcement.
Section 38
Section 65.832 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 65.832. Infectious waste processing facility.
A site, including the land and any strucYures thereon, where infectious waste or
pathological waste is accepted, transferred, stored, handled, treated, decontaminated, processed
or disposed. Infectious waste processing facility does not include the site of a generator of
infectious waste which is governed by the state department of health, as set forth in Minnesota
Statutes, section 116.81, subdivision 2.
Standards and conditions:
(a) The treatment of the waste shall be conducted within completely enclosed
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buildings.
(b) The storage of the waste shall be within completely enclosed buildings, except
that the storage of the waste may be within trailers, provided the trailers are
securely locked and are temperature controlled to prevent putrescence, as directed
by the Department of Safety and Inspections
. The waste shall be stored for no more than forty-eight
(48) hours, except that waste accepted on Friday must be disposed of no later than
the following Monday.
(c)
[U7
All structures containing the waste operations shall be at least one thousand
(1,000) feet &om the closest property line of a one-, two-, or multiple-family
dwelling.
The incineration of infectious wastes shall be prohibited.
Section 39
Section 67.102 of the Saint Paul Legislative Code is hereby amended to read as follows:
5ec. 67.102. SFV state fair vending overlay district.
(a) Established. The SFV state fair vending overlay district is established as shown on the
official zoning map accompanying this code.
*++
(c) Permit and consent required. No property owner in the SFV district shall use or lease any
portion of their yards for the purpose of selling or displaying merchandise, goods or
services unless they have obtained a state fair vending permit from the Department of
Safety and Inspections ,' o later
than thirty (30) days prior to the start of each annnal state fair. Written consent of
adjoining residents on both sides of the subject yard shall accompany the permit request.
The fee for the annual SFV permit shall be established by ordinance. Property owners
without a required permit and consents shall immediately cease, teaz down and remove
the operation.
Section 40
Section 92 of the Saint Paul Administrative Code is hereby deleted:
.• :� . . . :�
+ -... . . . .
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Section 41
Section 105.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 105.04. Boulevard planting.
(a)
Purpose. It is the purpose and intent of the City of Saint Paul to allow property owners to
plant and maintain the boulevard areas adjoining their property in a manner which
enhances and improves the aesthetic appearance of city streets, avenues and alleys.
+*+
�U7
The
and
, shall have the authority to investigate
boulevards to determine compliance with this section. For any property deemed to be in
violation, the enforcement officer shall give notice of the alleged violation to the property
owner, following the procedures set forth in section 45.10 of the Saint Paul Legislative
Code. The Department of Safetv and Inspecrions
ay additionally determine whether a planting otherwise in
compliance with this chapter nonetheless poses a nuisance or hazard, and may take action
to abate such nuisance or hazazd.
Section 42
Section 163.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 163.04. Custody of abandoned vehicles.
The � enforcement officials of the
lnspechons Yor the c�ty are
hereby authorized to remove or have removed and any motor vehicle left at any place within the
city which reasonably appears to be in violation of this chapter or lost, stolen or unclaimed. The
impounding and taking into custody of a motor vehicle pursuant to this chapter shall be done
with the assistance of a police officer. A police officer, �rea1Hr affieeror enfarcement official of
the Department of Safety and Inspections
for the city may enter upon private property at all reasonable hours for the
purpose of inspecting such vehicle and impounding such vehicle, and it shall be unlawful for any
person to prevent a policeman, �e�Uraffieeror enforcement official of the department of Safetv
and Insvections for the city from entering on
private property for the purposes of carrying out his duties hereunder or to interfere with him in
the lawful performance of his duties.
Section 43
51
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Section 164.01 of the Saint Paul L,egislative Code is hereby amended to read as follows:
� � �� � � .. .�• ,
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�.....�...��.�................��,...�
i\ �l Ul�l �l �r IS�I.I H�4Tl�r ���LLK�11�194�1� f3�F P74�191� ���L� iTl �J�r I4A� I IAI�AI��PI � PI�ATltl�lO��� ��I�IId� I
Section 44
Section 189.01 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 189.01. Defnitions.
For the purposes of this chapter, the following terms shall have the meanings ascribed to
them in this section:
Adverse action. As defined by Chapter 310, generally defined as an action that can
include: the revocation, cancellation or suspension of a license, denial of the renewal of a
license, the imposition of conditions on a license, the imposition of a fine, and any other
disciplinary or unfavorable action taken by the board or council with respect to a license or
licensee.
Board, examining board, truth-in-sale of housing board ("board'). As used in this
chapter, are equivalent terms that refer to the same body.
The director. The head of the department of Safetv and Insvections �aet
and his or her designee.
Disclosure report. The written evaluation report prepared and signed by a person
licensed as a Saint Paul Truth-in-Sale of Housing Evaluator, on a form in compliance with the
provisions of secrion 189.05 of this chapter.
Dwelling. A building which is designed to be occupied for residential purposes but
containing not more than two (2) individual dwelling units, except that townhouses,
condominiums and co-ops, regardless of their number of individual dwelling units, are included
within this definition.
52
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2900
2901
2902
2903
2909
2905
2906
2907
Dwelling unit. A room or group of rooms located within a residential building and
forming a single habitable unit, with facilities which aze used or intended to be used for living,
sleeping, cooking and eating.
Evaluation. An evaluation of a dwelling or dwelling unit, performed by a licensed
evaluator, to determine the condition of the structural, electrical and mechanical systems as they
relate to chapter 34, minimum housing standards for dwellings and mulriple dwellings of the
City of Saint Paul.
EvaZuator. A person who has received a license from the city to conduct truth-in-sale of
housing evaluations.
Evaluator guidelines. The document issued by the truth-in-sale of housing (TISH)
examining board by which the TISH evaluation zeport is completed by the evaluator. 1"he TISH
evaluator guidelines utilize both the construction and maintenance standards and codes currently
enforced by the city for dwellings as defined in this chapter.
File. The receipt of the TISH disclosure report and payment of the required filing fee.
Immediate family. Those persons legally related to each other in a linear relationship such
as grandparents, parents, children, grandchildren and siblings. Does not include branching
relationships such as aunts, uncles, or cousins.
Re-evaluation. An amended disclosure report filed as a result of a re-evaluation of the
subject dwelling or dwelling unit, conducted by the original evaluator, within the period of time
the disclosure report is valid. The re-evaluation does not extend the expiration date of the
original evaluation.
Time ofsale. The acceptance of an offer, written or oral, to sell or otherwise change the
ownership of a property, including a contract for deed, by the owner or agent of an owner of that
property.
Section 45
Section 189.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 189.05. Disclosure report form.
The examining boazd shall develop and approve the disclosure report form. The
disclosure report form, applicable to single- and two-family dwellings, town homes, co-ops, and
condominiums, shall include sections necessary to note:
(1)
�2)
(3)
Major shuctural defects; or
Immediate hazards to health and safety; or
Deviations from standards deFined in the truth-in-sale of housing (TISH)
evaluator guidelines.
(4) Cunent status according to city records maintained by the Deoarhnent of Safetv
andInspections , ofthe
dwelling, if it:
a. Is designated as an individual Heritage Preservarion Site, or located within
a city-designated Heritage Preservation District; and/or
53
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2926
2927
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2936
2937
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2959
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�
c.
�
Is a registered vacant building as defined and regulated in Chapter 43 of
this code: andlor
Has open permits at the property address; and/or
Is a duplex dwelling, whether the use of the building as a duplex is
verified legal.
�-���
Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such
dwellings meet all minimum housing and building standards. The approved disclosure report
form shall only be used for evaluarions of dwellings in the city by evaluators licensed under this
chapter.
Section 46
Section 189.14 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 189.14. Disclosure report, filing.
(a) For original disclosure reports:
(1) Each huth-in-sale of housing evaluator, when preparing a disclosure report, shall
set forth any shuctural defects, any immediate hazards to health and safety,
and/or other deviation(s) from the standards set forth in the evaluator guidelines.
The evaluator, using information maintained by the Deuartment of Safetv and
Insnections , � , shall
report, if applicable to the dwelling, the information identified in sec. 189.05(4)a.,
b., c. or d. The disclosure report shall be typewritten, printed legibly in ink, or in a
previously-approved computer-generated format.
Section 47
Section 192.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 192.02. DeSnitions.
For the purposes of this chapter, the following terms shall have the meaning ascribed to
them in this section.
Certificate of occupancy: A certificate issued by the buildinQ official firemarskal-as
provided in secrion 33.05 of this Legislative Code.
Dwelling: A building occupied wholly or partly for residential purposes or intended to be
used for living, sleeping and cooking or eating purposes.
Enforcement officer: Enforcement officer shall mean the director of the department of
Safety and InsUections ,
scrcices, the director of the deparhnent of police, or their duly authorized representative.
Evaluation: An inspecrion of a dwelling performed by the owner or the agent of the
owner to determine the condition of the structure, plumbing, electrical and mechanical systems.
Rental housing disclosure report: The written form completed by the owner or the agent
of the owner afrer evaluarion disclosing the condition of the premises. The blank form upon
request is available at from the Department of Safetv and Inspecrions
54
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2969
2970
2971
2972
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2974
2975
2976
2977
2978
2979
2980
2981
2982
2983
2984
2985
2986
2987
2988
2989
2990
2991
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2993
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2997
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2999
3000
3001
3002
3003
3004
3005
3006
3007
3008
3009
3010
3011
3012
3013
3014
3015
3016
3017
of the city.
Section 48
Section 196.02 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 196.02. Definirions.
The following deFinirions shall apply in the interpretation and enforcement of this
chapter:
Leg-hold trap. The words "leg-hold trap," as used in this chapter, mean and include a
steel or metal trap consisting of two (2) jaws which lie horizontally to form a circle or c'ucular
shape when the trap is set, or trap which is similar to the above in design and which is intended
to catch and secure an animal by the leg.
Nuisance. For purposes of this chapter, "nuisance" shall apply to situations in which an
animal or animals constitute a hazard or danger to persons or property and the proposed use of a
trapping device will not constitute a hazard to children, other wildlife, domestic animals or birds.
Trap. The word "trap," as used in this chapter, means and includes leg-hold traps, as well
as any other mecbanical device which is designed, used or set, or which can be used or set, for
the purpose of capturing, snaring, holding, killing or catching any animal; provided, however,
that it shall not include:
(1)
;�'�
Cage-type live traps used for the control of nuisance animals;
Any device used for or in connection with control of specific nuisance animals as
authorized bv the �ea� Director of the Deparhnent of Safetv and Insnections 8f
federal, state or municipal officers or employees, trappers licensed by the State of
Minnesota under Minnesota Statutes, Chapter 98, or pest control operators
licensed under the Saint Paul L,egislative Code, Chapter 334. Authorization shall
be granted only if the Director i�exd-of the Deuartment of Safetv and Tnsnections
determines that no
other lawful and reasonable methods of controlling the nuisance animals are
adequate to abate the nuisance;
(3) Any mechanical device which is specifically designed or primarily used and
suitable for capturing, killing, catching, or controlling rodents or small pests,
including mice, rats and moles. This exception shall not cover or exempt leg-hold
traps; or
(4) The live trapping of gophers and squirrels is permitted only when the animal is
doing damage to property.
Trapping. The word "trapping," as used in this chapter, means and includes setting,
placing or leaving traps in an operative condition, in which such traps can be sprung, anywhere
in the City of Saint Paul.
Section 49
Section 200.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.01. Definitions.
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3072
As used in this chapter, unless the context otherwise indicates:
Animal shall mean any individual member of any of the species of birds, fish,
amphibians, repriles, insects, azachnids, crustaceans or mammals except homo sapiens.
o�-���
Animal control supervisor shall mean the animal control supervisor of the city or
designee.
Dog shall mean any male or female of any breed of domesticated dog.
Environmental health offzcer shall mean the person designated by the director of the
nent of Safety and Inspections �P to make an inirial determination of whether an
is potentially dangerous or dangerous.
Hearing officer shall mean the person designated by the director of the Department of
Safetv and Inspections �£-�to make an initial determination of whether an animal is potentially
dangerous or dangerous and to hear appeals from such determinations.
Owner shall mean the license holder or any other person or persons, firm, association or
corporation owning, keeping or harboring an animal. Any person keeping or harboring an animal
for five (5) consecutive days shall, for the purposes of this chapter, be deemed to be an owner
thereof.
Proper enclosure shall mean securely confined indoors or in a securely locked pen or
kennel suitable to prevent the animal from escaping and to provide protection for the animal
from the elements. A proper enclosure does not include a porch, patio, or any part of a house,
garage, or other structure that would allow the animal to exit of its own volition, or any house or
structure in which windows are open or in which door or window screens are the only barriers
which prevent the animal from exiting. Such enclosure shall not allow the egress of the animal in
any manner without human assistance. A pen or kennel shall meet the following minimum
specifications:
(1) Have a minimum overall floor size of thirty-two (32) square feet.
(2) Sidewalls shall have a minimum height of five (5) feet and be constructed of 11-
gauge or heavier wire. Openings in the wire shall not exceed two (2) inches,
support posts shall be one and one-quarter-inch or larger steel pipe buried in the
ground eighteen (18) inches or more. When a concrete floor is not provided, the
sidewalls shall be buried a minimum of eighteen (18) inches in the ground.
(3) A cover over the entire pen or kennel shall be provided. The cover shall be
constructed of the same gauge wire or heavier as the sidewalls and shall also have
no openings in the wire greater than two (2) inches.
(4) An entrance/exit gate shall be provided and be constructed of the same material as
the sidewalls and shall also have no openings in the wire greater than two (2)
inches. The gate shall be equipped with a device capable of being locked and
shall be locked at all times when the animal is in the pen or kennel.
Running at targe shall mean any anunal which is not either:
(1) Effectively contained within a fenced area on private property; or
56
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3091
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3101
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3127
o
(2) Effectively restrained, by chain or leash, to private property with the consent of
the property owner; or
(3) Effectively restrained by a chain or leash not exceeding six (6) feet in length.
Unprovoked shall mean the condition in which the animal is not purposely excited,
stunulated, agitated or disturbed. It shall be a rebuttable presumpuon that any attack on a child
fourteen (14) yeazs of age or younger for which a reasonable person connotes an intent to inflict
bodily harm shall be considered to be unprovoked unless the child is engaged in the commission
of a crime or illegal activity, including acrivities classified under Minnesota Statute 343 as
cruelty to anunals.
Section 50
Section 200.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 200.02. License required.
(a) No person shall own, harbor, keep or maintain in the city any dog over three (3) months
of age without a license. A license is required if the dog is owned, harbored, kept or
maintained for three (3) consecutive days or more, except that no license shall be
required for dogs whose owners aze temporazily within the city, nor to dogs brought into
the city for the purpose of participating in any dog show. Any properly identified service
dog which aids persons who aze totally or partially blind or deaf, or have physical or
sensory disabilities, shall be issued a dog license at no charge upon providing proof of
certification of training as a service dog. No license shall be issued to any person under
the age of eighteen (18). A minor who owns a dog in the city must have the dog license
issued in the name of a paxent or guardian on his/her behalf.
***
(c) Licenses shall be available for purchase at the city animal control facility and at the
Department of Safety and Inspections
prateetio�Pj: Veterinarians, pet shops, animal facilities and pet grooming facilities
who provide a service for dogs may also act as deputy license vendors. Procedures for the
issuance of such licenses shall be established by the Devartment of Safetv and
Inspections �P. Such establislunents shall be required to inform their clients that the
city requires that all dogs be licensed.
Section 51
Section 200.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.07. Fees for impounding and boarding.
(a) Any animal captured and impounded under the provisions of this chapter shall be
released only on the payment of an impound fee, plus an additional board charge for each
day or fraction of a day during which the animal is impounded. If the impounded animal
is a dog and said dog is unlicensed, in addition to the impounding and boarding fee, the
dog shall not be released without the payment of the prescribed license fee, as well as an
administrative penalty of fifty dollars ($50.00). The designated fees under this chapter
shall be established by ordinance as provided in section 310.09(b) of the Legislative
Code.
***
57
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3161
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3170
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3175
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3182
c��—���
d) The Department of Safetv and Inspecrions ���-I' may waive the additional
charges for dogs found n,nn;ng at lazge which have not been altered if a determination is
made that the auimal suffers from a medical condition which would make altering
dangerous to its physical well-being. Addirionally, any owner who has been chazged a
higher license fee for having an unaltered dog may be refunded the difference if, within
forty-five (45) days of the dog being clauned the owner shows written proof from a
veterinarian that the dog has been altered.
(e) A designation that an animal is a nuisance and subject to destruction shall be in writing
and shall state the dates, rimes, places and facts of the current and prior incidents of
running at lazge which form the basis for the deternunation, and that the owner(s) have
fourteen (14) days to appeal the determination by requesting a hearing before the
Department of Safetv and Inspecrions �^P hearing officer.
(1) If no appeal is filed, the orders issued will stand and the dog will become the
properiy of the city, which may proceed with destruction or offer the animal to an
anunal protection organization for adoption. The decision of whether the dog
should be made available for adoption shall be at the sole discretion of the city.
(2) If an owner requests a hearing, one shall be held before the Department of Safety
and Inspections �EP heazing officer not more than three (3) weeks after the
request is made. Pending a hearing on the determination, the animal may be kept
at animal control unless the owner shows proof that the animal is licensed, if
required; has met the requirement, if any, for rabies vaccinations; and agrees that
the animal will not be permitted to be outside without being in a proper enclosure
or being restrained on a leash.
(3) The records of the Department of Safetv and Inspections efFtee
, including those of animal control, shall
be admissible for consideration by the heazing officer without further notice.
(4) If the hearing officer finds that the owner of the animal has demonstrated an
inability or unwillingness to control the animal in order to prevent the dog from
repeatedly running at large, the destruction order shall be affirmed or the dog
shall be offered to an animal protection organization for adoption as in paragraph
(1), above.
Section 52
Section 200.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.11. Potentially dangerous animals.
(a) Potentially dangerous animals. A potentially dangerous animal is an animal which has:
(1) When unprovoked, bitten a human or a domestic animal on public or private
properiy;or
(2) When unprovoked, chased or approached a person upon the streets, sidewalks, or
any public or private property, other than the animal owner's property, in an
appazent attitude of attack; or
(3) A lmown history or propensity, tendency or disposition to attack while
unprovoked, causing injury or otherwise threatening the safety of humans or
domestic animals.
!.� 3
C��-\��
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3201
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3237
(b) Designation as potentially dangerous animal. The environmental health officer shall
designate any animal as a potentially dangerous animal upon receiving evidence that the
animal meets any of the criteria in subdivision (a). When an animal is declazed
potentially dangerous, the Department of Safetv and Inspections �P shall cause the
owner(s) of the potenrially dangerous animal to be notified in writing that such animal is
potenrially dangerous. An animal that has been determined to be potentially dangerous
must be microchipped in accordance with section 200.16, and may be required to comply
with one or more of the following condirions:
(1) The owner of a dog may be required to complete an approved dog obedience
class;
(2) The anunal may be required to be restrained by chain or leash not to exceed six
(6) feet in length, and/or muzzled, and under the control of a person eighteen (18)
years of age or older at all times it is outdoors and not inside a proper enclosure.
(3)
(4)
The owner may be required to show proof of up to date rabies vaccination and, if
required, licensing.
If the animal is a dog, the owner shall purchase a lifetime dog license.
(c) Procedure. The environmental health officer shall notify the owner(s) of the animal in
writing or in person that the animal has been determined to be potentially dangerous and
shall specify what, if any conditions are being required of the owner. This notice shall
state the date, time, place, and parties bitten, chased, attacked or threatened by the
animal, and shall advise the owner that they have fourteen (14) days to appeal the
determination or the imposition of conditions on maintaining the animal by requesting a
hearing before the Department of Safety and Insnecrions �-�' hearing officer.
(1) If an owner requests a hearing, a date shall be set not mare than three (3) weeks
after receipt of the demand for a hearing. The heazing officer may consider all
records of the Department of Safetv and Insnecrions affree-of�; animal
control, as well as police reports without the necessity for further foundation.
After considering all of the evidence, the hearing officer shall issue a written
order which rejects or upholds the determination. If the hearing officer upholds
the determination as potentially dangerous, the order may affirm or modify the
conditions recommended by the environmental health officer. If as a result of
testimony ar other evidence at the hearing there are grounds for declaring the
animal to be dangerous pursuant to section 200.12, the hearing officer may
change the designation and issue the appropriate orders.
(2) If an owner fails to comply with any conditions specified in the order and fails to
request a hearing under subdivision (c)(1), the animal shall be seized. The animal
may be reclaimed by the owner as set forth in section 200.121(c).
(d) Subsequent offenses. If an owner of an animal which has been declared potentially
dangerous and is subject to the conditions of this section has allegedly failed to comply
with the conditions, the animal must be seized by animal control. Notice shall be
provided to the owner of the basis for the seizure and the right to request a hearing before
the Deparhnent of Safety and Inspections �P hearing officer to determine whether the
conditions were violated. A request for hearing must be made within fourteen (14) days
of the seizure. If the owner fails to request a hearing within fourteen (14) days, or is
found to have violated the conditions, the Deparhnent of Safetv and lnsnections �f£�-P
hearing officer shall order the animal destroyed in a proper and humane manner and the
owner shall pay the costs of confining the animal. If the owner is found not to have
59
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3251
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3259
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3292
violated the conditions, the owner may reclaim the animal under the provisions of
subsecrion 200121{c).
(e) Review of designation. The environmental health officer may review the status of an
animal which has been determined to be potenrially dangerous if a period of two years
has passed without any further incidents under section (a) above and may use discretion
in determining whether any conditions which have been ordered are still required.
Section 53
Section 200.12 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.12. Dangerous animals.
(a) Definition. A dangerous animal is an animal which has:
(1)
�2)
(3)
(4)
(5)
Without provocation caused bodily injury or disfigurement to any person on
public or private property; or
Without provocation engaged in any attack on any person under circumstances
which would indicate danger to personal safety; or
Exhibited unusually aggressive behavior, such as an attack on another animal; or
Bitten one (1) or more persons on two (2) or more occasions; or
Been found to be potentially dangerous and/or the owner has personal knowledge
of the same, and the animal aggressively bites, attacks, or endangers the safety of
humans or domestic animals; or
(6) Fresh wounds, scarring, or is observed in a fight, or has other indications which to
a reasonable person evidence that the animal has been or will be used, trained or
encouraged to fight with another animal; or whose owner has in custody or
possession any training apparatus, paraphernalia or drugs used to prepaze such
animal to be fought with another animal.
(b) Designation as dangerous animal. The environmental health officer shall designate any
animal as a dangerous animal upon receiving evidence that the animal meets any of the
criteria in subdivision (a).
(c) Procedure. The environmental health officer, after having determined that an animal is
dangerous, may proceed in the following manner:
(1) The owner(s) of the animal shall be notified in writing or in person that the
animal has been determined to be dangerous and that the animal is to be seized
and destroyed or that the owner must comply with the conditions set forth in
section 200.12. This notice shall state the dates, times, places and facts of the
incidents which form the basis for the determination, and that the owner(s) have
fourteen (14) days to appeal the determination by requesting a hearing before the
Department of Safetv and Inspections �P heuing officer.
:�
�
If no appeal is filed, the orders issued will stand.
If an owner requests a hearing for determination as to the dangerous
nature of the animal, the hearing shall be held before the Departrnent of
3�7
C��-�tiG
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3297
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3299
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3301
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3303
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3307
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3309
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3312
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Safetv and Inspections �P hearing ofFicer not more than three (3)
weeks after demand for said hearing. Pending a hearing on the
determination, the animal may be seized and kept at animal control unless
the owner shows proof that the animal is licensed, if required, has met the
requirement, if any, for rabies vaccinations, and agrees that the animal, if
it is a dog, will not be permitted to be outside without being in a proper
enclosure or being restrained on a leash and wearing a muzzle.
:��
c. The records of the Department of Safetv and Insvections thc-office-af
, 'ncluding those of
animal�control, and any police reports relating to an attack or bite shall be
admissible for consideration by the hearing officer without further
foundarion.
d. After considering all evidence pertaining to the temperament of the
animal, the hearing officer shall make such order as he/she deems proper.
The hearing officer may order that the animal control supervisor take the
animal into custody for destruction, if such animal is not currently in
custody. If the animal is ordered into custody for destruction, the owner
shall immediately make the animal available to the animal control
supervisor and failure to do so shall be a misdemeanor.
Nothing in this section shall prevent the environmental health officer from
ordering the immediate seizure and quarantine of a rabies-suspected animal.
(3) Any person who fails or refuses to release an animal to an animal control officer
or police officer upon demand, after it has been found by the environmental
health officer to be dangerous and ordered into custody for deshuction, shall be
guilty of a misdemeanor.
(4) The environmental health officer or the animal owner may apply to the district
court of the county for subpoenas for hearings under paragraph 200.11(c)(1) and
200.12(c)(1) above.
Section 54
Section 200.121 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.121. Dangerous animal requirements.
(a) Requirements. If the court or environmental health officer does not order the destruction
of an animal that has been declared dangerous, the court or environmental health officer
shall, as an alternative, order any or all of the following, excepting for dogs, in which
case all shall be applicable and which will be reviewed on an annual basis by the animal
control officer. If, in reviewing the conditions for keeping a dangerous dog there have
been no ordinance violations for a period of two yeazs, the environmental health officer
may use discretion in determining whether the conditions set forth below are still
required:
***
(d) Subsequent offenses. If an owner of an animal which has been declared dangerous and is
subject to the conditions of this secrion has allegedly failed to comply with the
conditions, the animal must be seized by animal control. Notice shall be provided to the
owner of the basis for the seizure and the right to request a hearing before the
61
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Department of Safetv and Inspecrions �P hearing officer to determine whether the
conditions were violated. A request for hearing must be made within fourteen (14) days
of the seizure. ff the owner fails to request a hearing within fourteen (14) days, or is
found to have violated the conditions, the Department of Safetv and Insnections �I�P
hearing officer shall order the animal destroyed in a proper and humane manner and the
owner shall pay the costs of confining the animal. If the owner is found not to have
violated the condirions, the owner may reclaim the anunal under the provisions of
subsection 200.121(c).
Section 55
Section 200.15 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.15. Magimum number of dogs.
No more than three (3) dogs of over the age of three (3) months shall be kept, harbored or
maintained within any individual dwelling unit or on any lot or other pazcel of property in the
city without a permit. The number of dogs permitted above may be increased by obtaining a
permit issued by the animal control supervisor. Such permit shall specify any restrictions,
limitations, conditions or prohibitions which the environmental health officer deems reasonably
necessary to protect any person or neighboring use from unsanitary conditions, unreasonable
noise or odors, or annoyance, or to protect the public health or safety. Such permit may be
modified from time to rime or revoked by the animal control supervisor for failure to conform to
such restrictions, limitations or prohibitions. Such modification or revocation shall be effective
from and after ten (10) days following the mailing of written notice thereof by certified mail to
the person or persons keeping or maintaining such dogs. Denial, modification or revocation of a
permit issued under this section shall be appealable to the Deparirnent of Safetv and Insuections
�EP-hearing officer.
Section 56
Section 200.18 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 200.18. Appeal process.
An order by the Department of Safetv and Inspections �EEIyhearing officer may be
appealed by writ of certiorari to the court of appeals. An order of the Denartment of Safetv and
Insuections �EP hearing officer for the destnzction of an animal shall be stayed upon receipt of
a notice of appeal by the Denartment of Safetv and Inspections �EP within fourteen days of the
service of said order.
Section 57
Section 205.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
. . . , .
��.`zy�..f.�....�
1�19�1U�A7G1iIA►75�1LSiI�I�IR��I��I�I.I��r1111U�1�1U��1l�l�lT�5�1LL�! �l�lU��l�ll1������ri�l�l�l��wl�rll��1
62
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,.s�
Section 58
Section 215 of the Saint Paul Legislarive Code is hereby deleted.
o�-���
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• . � '�� . ��...���.�
r• n r�nna7wwi�n.w nnq a.i. �i�a.�wi.r. w1w. w
r�eetr.�ene!aer
..•. . ... .. . ..• .. . ... �
• - -- - - - -- -- - :.9
,n.,......
� � �• �� �� ��
,.........��.�...
iK�wwri��RUnruiinwin nitr•witm ��e uu ��tia�� ���niniii�u�.un��n:r•nu
nwnr. not.��n.annvaUa:�a:f ��r�wnluva ui�•au u�UCU�•� u ci n niur. ��n�:r. m a4 ���:v4:�br• n v
��.`�._.��.....`�....�.�.. �.�..
� �. � ���
63
[+n�w a'�.n i�t.i � rn� �e�wir. �e:s nwi nb��ie ub �� n o-i.v�an n i.��r.� ni.r. ni. i��.i.aowi� in�i� � w1.r. wi
�.......�.�....�.,.....�....s.�,....
n.r. nn�� uan:t.a: �t.�eu.ai � w1:r. rZnanbu. ne �u � r. nu �� v.aen� n� ur•in.auoun� ��un ail�anv��a�n',vt.�nZii�
.• . . .. .. • . .
. : .� .• .. . . .�. . • .•
o �-�� �
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p1c1A�q wTllp� �U 1�� i�l l�Al �� RM 71�1 LLU �
i :iu��wi.a�rw�.i�m�w
. . . , ', .
6 �.
...� �.��r� ..�.....�..,. �....�..�..,.......�,.�.......
aKO�wwn�rann�r.�ncrnn��a�na�.�uu�w��er.n�nr.�esan.r•�nk'
v....�..�..�.,,.��.�..�..�. ..�.�..��....�..R
�l��lq�l�l r���lyl�l�l l�l�lwl�1S��1 1�14�11U11ytU�\rl �Al�l'L�l�l�� �\�lV�� �
• • � • • •
�����v
'1'I��q�NT(�f��ll�N5�l�1�Ul�tU��1l�l�l�l����Ol��l�1q�A1S��IK��4�1��1741�4�1��1�1��r��\• •
��- \ ��'t
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hea}tYr.
�...�. � ��.�..�.+�....�...........�.,�..�
w•i.i � oiw wi in wi � r. n a�� � w1.i �n.i. n n a�ni.i a.r• sm r. � n� a.,a.i r�a � a.i.i r. �� iwa n r. w � v � wz � � n a.ia.i �a u i i iw
�iw�.�wni►w�Dii���������s:i�e+l:r
.�........�....,....'..�.�...�.....�..�,.,...� �.�.��.,..,.,�.....
- .. . . . . . .. . . .. .
.. . .
Section 59
Section 236.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 236.02. DeTinirions.
As used in this chapter, the following terms and phrases shall have the meanings as
defined in this section:
Director shall mean the Director of the Denariment of Safetv and InsUecrions direetas-of
d�i�et
Environmentally acceptable packaging shall mean and include:
(1) Returnable packaging: Food or beverage containers or packages, such as, but not
limited to, soft drink bottles and milk containers, that are capable of being
returned to the distributor, such as, but not limited to, dairies and soft drink
bottlers, for reuse as the same food or beverage container use at least once;
(2) Recyclable packaging: Packaging made of materials that aze sepazable from solid
waste, by the generator or during collection, for which there are city-approved
contracts for collection for recycling in an organized and approved program.
Packaging made of either polyethylene terepthalate (P.E.T.) or high-density
polyethylene (H.D.P.E.) shall be considered recyclable if and when it is collected
for recycling in the same manner as here stated.
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Packaging shali mean and include all food-related wrappings, adhesives, cords, bindings,
strings, tapes, ribbons, bags, boxes, coverings and containers, and shall further include cups,
glasses and sunilaz containers for drinking out of or for holding liquids, and plates and serving
trays but shall specifically exclude plastic knives, forks and spoons sold or intended for use as
utensils.
RetaiZfood establishment, as used in this chapter, means a"food establishmenP' as
defined in section 331.07 of the Saint Paul I,egislative Code. References to retail food
establishment in secrion 236.03 aze specifically defined herein to include, for the purposes of
prohibirions, penalries and adverse actions against licenses, the owner of such establishment and
all persons, firms or corporations operating and/or managing such establishment.
Section 60
Section 237.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 237.03. Fertilizer content.
No commercial applicator or noncommercial applicator, including a homeowner or
renter, shall apply any lawn fertilizer, liquid or granulaz, within the city that is labeled to contain
more than zero (0) percent phosphate (P205). This prohibition shall not apply to:
(1)
�2)
The naturally occurring phosphorus in unadulterated natural or organic fertilizing
products such as yard waste compost;
Use on newly established or developed turf and lawn areas during their first
growing season;
(3) Turf and lawn areas which soil tests taken according to University of Minnesota
guidelines and analyzed in a state certified laboratory confirm aze below
phosphorus levels established by the University of Minnesota. In such cases, lawn
fertilizer application shall not exceed the University of Minnesota recommended
application rate for phosphorous.
Lawn fertilizers containing phosphorus applied pursuant to the above-listed exceptions
shall be watered into the soil where the phosphorus can be immobilized and generally protected
from loss by runoff. Fertilizer applied to the impervious services, such as sidewalks, driveways
and streets is to be removed by sweeping or other means immediately after fertilizer application
is completed. Fertilizer is not to be applied to frozen soil, saturated soil or under conditions of
impending heavy rainfall. The Department of Safetv and Inspections ofCxee-af�icense;
shall be notified at least twenty-four (24) hours prior to
the application of any lawn fertilizer containing phosphorus that such fertilizer will be used, the
amount to be used and the reason for its application.
Section 61
Section 251 of the Saint Paul Legislative Code is hereby deleted:
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3 67'7
Section 62
Section 277.07 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 277.07. Clean and sanitary.
O�l 4�
The viewing azeas or booths shall be maintained at all times in a clean and sanitary
manner, and the owners or operators of the movie arcade shall seek the advice of the Department
of Safety and Insoections ' , , as to the manner
in which to accomplish provision.
Section 63
Section 278.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 278.04. Same—Requirements.
(a) Application. The application for license shall contain, in addition to other information
required by the inspector, the name and address of the owner of the property, the names
and addresses of all shareholders and officers, if the owner is a corporation or other
association, the names of all tenants of the building, and which tenants will be
conducting the lawful gambling on the premises.
(b) Inspection, etc. Prior to the issuance of the license, the building shall be inspected by the
appropriate officials from the Deuartment of Safetv and Insnections deP�c�frro
. No building shall be licensed unless it complies with the
requirements of the zoning, fire, building, health and sanitation codes of the city and of
the state.
Section 64
Section 292.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.07. City police to identify.
At the request of the public, and based upon information received from the public, city
police personnel shall investigate and identify youth gang graffiti. After police have verified the
existence of graffiri they shall contact the city clerk, who shall schedule a public hearing. The
city clerk shall notify the affected property owner of the hearing date, the preliminazy findings
that graffiti exists on the owner's property and that the council may after the hearing order the
removal of the graffiti by either the property owner or the city's department of Safetv and
Inspections , and if said deparhnent has to
remove the graffiti, the cost will be assessed against the owner's property.
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Section 65
Section 292.09 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.09. Hearing.
(a) At a hearing before the council, the council shall receive evidence from the police
department as to the existence of graffiri. If the wuncil finds that graffiti exists, they
shall notify the Denarnnent of Safetv and Insnections
nd direct its removal in accordance with section
292.10.
(b) The property owner shall be entitled to be heard on all matters relating to graffiti and the
process of removal.
Section 66
Section 292.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.10. Notice to owner.
In the event racial, religious, gender-based or youth gang graffiti is found, the
Deparhnent of Safety and Inspections
imprrnrenrent-shall mail a written order to the owner of the subject real properiy, addressed to
owner's last known street address. The written order shall contain the following:
(1)
�2)
(3)
Description of the real estate sufficient for identificarion.
Inform owner that racial, religious, gender-based or youth gang graffiti exists on
owner's property and the remedial action required.
Allow a reasonable time for performance of any act it requires.
(4) State that unless conective action is taken, the Deparhnent of Safetv and
Inspections
remove the racial, religious, gender-based or youth gang graffiti and chazge all
costs incurred therein against the real estate as a special assessment to be
collected in the same manner as taxes against real estate.
Section 67
Section 29211 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 292.11. Costs to be assessed.
In the event the city removes and/or abates the racial, religious, gender-based or youth
gang graffiti, an accurate record of the costs incurred therein shall be kept by the Department of
Safetv and Insnections and
reported to the department of finance and management services. The total costs of this
abatement, including the administrative costs incurred by the city in processing the abatement,
shall then be assessed against the affected real property in the manner provided for in Chapter 14
of the City Charter and shall be collected in accordance with those applicable provisions
contained in Chapter 64 of the Saint Paul Administrative Code; provided, however, that these
assessments shall be payable in not more than five (5) annual installments.
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Section 68
Section 293.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 293.01. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in
this secrion.
(1) PCA definitions adopted. Pursuant to Minnesota Statutes, Secrion 471.62, the
defmirions contained in the Minnesota Pollurion Control Agency Air Quality
Division Noise Pollurion Control Rules, Section 7030.0020, aze hereby adopted
by reference.
�Z)
(3)
(4)
Construction. Any site prepazation, assembly, erecrion, substantial repair,
alteration or similaz action, but excluding demolition.
Demolition. Dismantling or intentional removal of structures, utilities, public or
private right-of-way surfaces or similaz property.
Department. The Citv of Saint Paul Denarhnent of Safety and Inspections.
. ,
�'ub}'te�Feaitlr.
(5) Domestic power tools. Any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, lawn mower, or powered snow removal equipment, or other
similar device commonly used outdoors, except for the manufacture, commercial
repair or prolonged testing of such tools.
(6) Sound level (or noise level). The A-weighted sound presswe level, expressed in
dBA, obtained by the use of a sound level meter having characteristics as
specified in the ANSI Standard S1.4-1983.
Section 69
Section 293.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 293.08. Administration.
(a) Responsibility of enforcement. The primary responsibility of enforcing the provisions of
sections 293.02 through 293.08 shall be with the police deparhnent. The primary
responsibility of enforcing the provisions of section 293.09 shall be with the Department
dirision.
(b) Noise impact statements. Any city department or agency may require a noise impact
statement in association with any change in aoning classification, in planning of a
structure, ar in any operation, process, installation or alteration which may be considered
as a potential noise source, or in reviewing a request for a variance under this chapter.
(c) Performances ofDeparatment diroision. The Department �visioa shall also perform the
following:
(1) Prepare for city council approval and keep on file guidelines establishing the test
procedures and instrumentation to be utilized.
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(2) Conduct inspections as required to determine whether violations exist.
(3) Review all variance requests and make recommendations to the city council.
There is hereby established within the Denartment dxvisioa a dedicated activity to
which all receipts and disbursements foz noise level variance requests will be
recorded.
(4)
(5)
Section 7Q
Section 293.09 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 293.09. Variances.
(a)
�V;
(c)
(d)
Authority. The city council shall have authority, consistent with this section, to grant
variances from the sound level resh contained in section 293.09.
Application. Any person seeking a variance shall file an application with the Department
$icisian on a form prescribed by it. The application shall include the following
information:
(1)
�Z)
(3)
(4)
(5)
(6)
��)
Issue orders for abatement of noises which constitute a violation.
Conduct such research, monitoring and other studies related to sound as aze
necessary or useful in enforcing this chapter.
Name of responsible person.
Dates during which the variance is requested.
Location of particular noise source and rimes of operation.
Nature of the noise source and equipment involved.
Reasons why a vaziance is sought.
Steps taken to minimize the noise level from the source.
A noise impact statement, if required by the Deuartment $ivisian.
Fee. The application shall be accompanied by the payment of a fee, which fee shall be
established and may be amended by city council resolution.
Notice:
(1) The Deuarhnent dinisien shall notify by mail all properiy owners within two
hundred (200) feet of the source of the proposed vaziance, measured from the
property line of the noise source. If the Department division fmds, however, that
more than one hundred fifty (150) property owners are within two hundred (200)
feet of noise source, it may, in its discretion, send no more than one hundred fifty
(150) notices to such property owners as it determines will be most affected by
the noise source. Further, if more than one hundred fifty (150) property owners
are determined to be affected, the Deuarhnent divcsian shall cause to be published
in newspapers of general circulation a notice whose contents shall be in
conformance with this chapter and in a form customarily used for governmental
announcements. The Denartment �ivision may, if feasible, place the notice in
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3887
3888
3889
3890
3891
3892
3893
3894
3895
3896
3897
community newspapers serving the azea. The Deparhnent �ivision shall also
norify the city councilmember(s) and district planning council(s) whose areas are
affected.
(2) The norice shall include a statement describing the variance request, the date of
the public hearing before the city council on the variance request, and a statement
that written comments or objecrions may be filed with the Department d'rvisioa
within fifteen (15) days of the mailed norice.
Section 71
Section 310.01 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 310.01. De�nitions.
For the purposes of this chapter, any chapter of the Legislative Code pertaining to
licenses as hereinafter mentioned, and subsequently enacted ordinances establishing or relating
to the requirements for Class R, for routinely issued licenses, Class T for temporary licenses and
Class N for licenses in which neighbors are required to be notified, under authority of the City of
Saint Paul, the terms defined in this section shall have the meanings ascribed to them:
Adverse action means the revocation or suspension of a license, the imposition of
conditions upon a license, the denial of an application for the grant, issuance or renewal of a
license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other
disciplinary or unfavorable action taken with respect to a license, licensee or applicant for a
license. "Adverse action" includes any of the foregoing directed at one (1) or more licenses held
by a licensee at any location in the city. "Adverse action" also includes disapproval of licenses
issued by the state under statutory provisions which permit the governing body to disapprove the
issuance of the license.
Bond means a bond meeting the requirements of section 310.07 and indemnifying the
city against all claims, judgments or suits caused by, resulting from or in connection with any
licensed business, activity, premises, thing, facility, occurrence or otherwise under these
chapters.
Building o�cial means the official in the Department of Safety and Inspections 9ffiecaf
charged with the responsibility of
enforcement of the building code.
Chapters and these chapters shall mean this uniform license ordinance, any chapter of
the Legislative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted
ordinances establishing or relating to the requirements for Class R, Class T and Class N licenses
under authority of the city.
Class R licenses means those licenses which can be approved and issued or denied by the
director of the Department of Safetv and Inspections �EE�, subject to the procedures required
by these chapters. The following licenses aze so classified, and the numbers shown opposite
them correspond to the chapters in the Legislative Code pertaining to each license:
***
Class T licenses means those licenses which must be approved or denied by the director,
subject to the procedures required by these chapters. The following licenses are so classified, and
the numbers shown opposite them wrrespond to the chapters in the Legislative Code pertaining
to each license:
71
3898
3899
3900
3901
3902
3903
3904
3905
3906
3907
3908
3909
3910
3911
3912
3913
3914
3915
3916
3917
3918
3919
3920
3921
3922
3923
3929
3925
3926
3927
3928
3929
3930
3931
3932
3933
3934
3935
3936
3937
3938
3939
3940
3941
3942
3993
3999
3945
3946
3947
3948
3949
3950
3951
3952
x**
0�1-� ��
Class N licenses means those licenses which can be approved or denied only by the
council, subject to the procedures required by these chapters. The following licenses aze so
classified, and the numbers shown opposite them correspond to the chapters in the Legislative
Code pertaining to each license:
***
Department means the Deuartment of Safetv and Inspections.
Director means the Director of the
chapter, section or subdivision referred to.
9ffizz-af
ie specific
' -- --- - --' - - - - - - - -
11SRR�ATIV �S�I�IFIItllIIl9t�f\%I.11tll
Fee means and includes both the license fee and application fee unless otherwise
provided.
Inspector as used in these chapters means the Director of the Departrnent of Safetv and
Inspecrions , or his or her designee.
License means and includes all licenses and permits provided for or covered by these
chapters. License also includes licenses issued by the state under statutory provisions which
permit the governing body to disapprove the issuance of such licenses, for the purposes of
making procedwes in Chapter 310 of the Legislative Code applicable to the approval or
disapproval of such licenses.
Person means and includes any person, firm, corporation, partnership, company,
organization, agency, club or any group or association thereo£ It shall also include any executor,
administrator, trustee, receiver or other representative appointed by law.
Zoning administrator means the official in the Department of Safety and Inspections
Afftee-af�-P-charged with responsibility for enforcement of the zoning code.
Section 73
Section 310.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 310.03. Investigation and review of new applications, etc.
The inspector shall determine the sufficiency and accuracy of each new application and
obtain such criminal history information as may be used under Minnesota Statutes, Chapter 364,
and is otherwise available by law. The inspector shall make reasonable and appropriate
investigation of the premises or personal property, vehicles or facilities, as may be involved in or
related to the licensed activity, and shall request, where appropriate, the assistance of other city
divisions or departments in making additional investigations for the purpose of determining
whether the applicant is or will be in compliance with all applicable ordinances and statutes. The
approval of such other divisions or departments is not required for issuance of a license unless
otherwise required by specific sections in these chapters. All new applications shall be reviewed
by the zoning administrator or his designee for compliance with all requirements of the Saint
Paul Zoning Code, and no new license shall be granted without full compliance with said
requirements. All new applications involving a premises, location, building or structure shall be
72
C��l-���
3953
3954
3955
3956
3957
3958
3959
3960
3961
3962
3963
3964
3965
3966
3967
3968
3969
3970
3971
3972
3973
3974
3975
3976
3977
3978
3979
3980
3981
3982
3983
3984
3985
3986
3987
3988
3989
3990
3991
3992
3993
3999
3995
3996
3997
3998
3999
4000
4001
9002
4003
referred to the Department of Safetv and Inspecrions �
' for invesrigation and recommendation.
Secrion 74
Section 310.05 of the Saint Paul I,egislarive Code is hereby amended to read as follows:
Sec. 310.05. Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the council may or
intends to consider any adverse action, including the revocarion or suspension of a
license, the imposition of conditions upon a license, or the denial of an application for the
grant, issuance or renewal of a license, or the disapproval of a license issued by the State
of Minnesota, the applicant or licensee shall be given norice and an opportunity to be
heard as provided herein. The council may consider such adverse acrions when
recommended by the inspector, by the director, by the director of any executive
department established pursuant to Chapter 9 of the Charter, by the city attomey or on its
own initiative.
e**
(m) Presumptive penalties for certain violations. The purpose of this secrion is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to all license types, except
that in the case of a violation involving a liquor license § 409.26 shall apply where a
specific violation is listed. These penalties are presumed to be appropriate for every case;
however the council may deviate therefrom in an individual case where the council finds
and determines that there exist substantial and compelling reasons making it more
appropriate to do so. When deviating from these standazds, the council shall provide
written reasons that specify why the penalty selected was more appropriate.
73
d�
4004
4005
4006
4007
4008
4009
4010
4011
4012
4013
4019
4015
4016
4017
4018
4019
4020
4021
4022
4023
4024
4025
4026
4027
4028
4029
4030
4031
4032
9033
4039
4035
4036
4037
4038
4039
4040
4041
4042
4043
4044
4045
9046
4047
4098
4049
4050
9051
4052
4053
4054
4055
4056
4057
4058
ommission o , . evocahon a a
felony on the
remises by a
icensee or
m lo ee
(i) Fines payable without hearing. Notwithstanding the provisions of section
310.05(c), a licensee who would be making a fust or second appearance before
the council may elect to pay the fine to the Department off� a
council hearing, unless the notice of violation has indicated that a hearing is
required because of circumstances which may warrant deviation from the
presumptive fine amount. Payment of the recommended fine will be considered to
be a waiver of the hearing to wluch the licensee is entitled, and will be considered
an"appeazance" for the purpose of determining presumptive penalties for
subsequent violations.
Section 75
Section 310.18 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 310.18. License fee schedule.
Notwithstanding the provision of any other ordinance or law to the contrary, the
following fees aze hereby provided for all the licenses listed herein. These fees supersede all
inconsistent provisions, including, but not lunited to, graduated fee provisions, in these chapters
and in other ordinances and laws, and include the fee for the license application as part of the
license fee; provided, however, that this section does not amend or modify sections 310.09(a) or
310.09(d) of the Legislative Code with respect to exempt organizations or late fees. Pursuant to
section 310.09(b) of the Legislative Code, these schedules shall be posted in the office of the
d'uector ,' . These fees shall be
effective for license renewals and new license applications occurring on and after January 1,
1995, or on the effective date of this section, whichever is later; provided, however, that with
respect to all licenses whose renewal dates occur after the effective date of this new schedule,
there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing.
Section 76
Section 310.19 of the Saint Paul Legislative code is hereby amended to read as follows:
Sec. 310.19. Discount from certain license fees.
A discount will be provided for on-sale and off-sale liquor licenses, on-sale and off-sale
3.2 malt liquar licenses and on-sale strong beer and wine licenses. Such fees mentioned shall be
reduced seven (7) percent, contingent upon each of the following conditions:
�Di
Driver's license guide; compilarion of laws. The licensee shall maintain on the
premises, in a location accessible at all times to all employees of the licensed
establishment:
r**
��:
Contract with security agency.
a. Generally. The licensee shall participate in a training program with an
74
v� `-49
4059
4060
4061
4062
4063
4064
4065
4066
4067
4068
4069
4070
4071
4072
4073
4074
4075
4076
4077
4078
4079
4080
4081
4082
4083
4084
4085
4086
4087
4088
4089
4090
4091
4092
4093
4094
4095
4096
4097
4098
4099
4100
4101
4102
4103
4104
4105
4106
4107
4108
4109
4110
4111
4112
4113
approved private security agency, firm or association (hereafter "security
agency") which is selected and contracts with the city for the purpose of
providing invesrigations and training to the licensee pursuant to this
subsection. The city contract shall provide (i) that the security agency
shall not be reimbursed by the city, but that it shall recover its costs and
profit by fees collected from the licensees which choose to receive the
training program and investigative services, and (ii) that the security
agency shall chazge the same amount to all licensees who choose to
receive such services, so that all such licensees aze treated equally and
without discriminarion.
b. Investigarion. The contract with the city shall provide for and require one
(1) or more investigations by the security agency each calendar year into
the practices of the licensee with respect to (i) age identification of
customers in order to prevent sales of alcoholic beverages to minors, and
(ii) preventing the sale of alcoholic beverages to persons who aze
obviously intoxicated. The coniract shall require that the security agency
disclose the results of all such investigations to both the licensee and, at
no cost to the city, to the Departmen
, within ten (10) days after such investigations
aze concluded. Failure to do so will be grounds for adverse action against
the licensee's licenses. The contract shall require that all such
investigations shall include unannounced and random attempts by minors
to purchase alcoholic beverages in the licensed premises, and surveillance
within the licensed premises. The security agency shall employ reasonable
measures to minimize or eliminate conflicts of interest in providing and
reporting on investigations of licensees.
Section 77
Section 311.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 311.03. DesignaHon of problem telep6ones.
The director of the Department of Safetv and Insvections
ay by written order designate one (1) or more public telephones
located on the licensed premises of any licensee as a problem telephone. Such designation shall
be based upon evidence which possesses probative value commonly accepted by reasonable
prudent persons in the conduct of their affairs, which shows that one (1) or more of the following
conditions exist:
(a) The telephone is regularly or frequently used to further the distribution of
controlled substances, prostitution or other criminal activity.
(b) The unrestricted use of the telephone (i) contributes to loitering or congregation
in the area or disturbs the peace, quiet ar personal safety of other persons in the
area, or (ii) contributes to the existence of a nuisance as defined in section
310.17(c) of the Saint Paul Legislative Code.
(c)
(d)
(e)
The telephone is detrimental to the public safety.
The telephone unreasonably interferes with the flow of pedestrians or vehicular
traffic.
The telephone unreasonably interferes with the use of crosswalks, traffic signs or
75
0 7-i��
4114
4115
4116
4117
4118
4119
4120
4121
9122
4123
4124
4125
4126
4127
4128
4129
4130
4131
9132
4133
4134
4135
4136
4137
4138
4139
4140
4141
4142
4143
4144
4145
4146
4147
4148
4149
4150
4151
4152
4153
4154
4155
9156
9157
4158
4159
4160
4161
4162
4163
4164
4165
4166
4167
4168
��
�8)
signals, hydrants or mailboxes.
The telephone unreasonably interferes with ingress or egress from any residence
or place of business.
The telephone is deemed by the traffic engineer to be a safety concem or hazard.
(h) The telephone is considered excessive given the number of other public
telephones in the area and that the aggregate number of public phones contribute
d'uectly to any conditions listed in subsecrions (a) through (g) above.
Section 78
Section 321.01 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 321.01. Definitions.
For the purposes of this chapter, the terms defined in this section shall have the meanings
ascribed to them by this section:
Activities of daily living. "Activities of daily living" means, but is not limited to:
***
Health officer. "Health officer" means the Director of the Department of Safetv and
ions or a designated representative.
Section 79
Section 321.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 321.04. Licensing requirements and procedures.
(a) Application. In addition to the information required by section 310.02, the application
shall state the exact location of the building or buildings and the part or parts of the
building or buildings intended to be used in the conduct of the business under the license.
***
(d) Inspection $q-�(
applications sh
Denarhnent of
received by the inspector, the inspectar may grant or
with the provisions of these chapters.
Section 80
A copy of all license
t. AT[er the report and
�ealth have been
application in accordance
Section 321.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 321.05. Regulations.
(a) Applicable laws, rules and regulations. No persons shall be granted a license nor shall
76
o�-��,
4169
4170
4171
4172
4173
4174
4175
4176
4177
4178
4179
4180
9181
9182
9183
4184
4185
4186
4187
4188
4189
4190
4191
4192
4193
4194
4195
4196
4197
4198
4199
4200
4201
4202
4203
4204
4205
4206
4207
4208
4209
4210
4211
9212
4213
4214
4215
4216
4217
4218
4219
4220
4221
4222
4223
ro�
any person operate a business licensed under this chapter that is not in compliance with
all applicable laws, rules and regularions, including this chapter and Chapter 33, Building
Code; Chapter 34, Minimum Housing Standards; Chapter 35, Safety to Life
Requirements; Chapter 55, Fire Code; Chapter 60, Zoning Code; and Chapter 331, Food.
For good cause shown, the health officer may grant a variance from the equipment
standazds provided for in Chapter 331 when ten (10) or fewer residents are served.
Posting of license. Each licensee shall keep the license granted hereunder prominently
posted on the premises.
(c) Rules and regulations; ' . The Deoartment of Safetv and
Inspections �ealtkofftcerniay promulgate rules and regulations reasonably necessary to
the safe and sanitary operarion of business establishments licensed under this chapter.
Copies of proposed rules and regulations, and amendments thereto, shall be made
available free of chazge to the public, and at least ten (10) days' written notice published
in the official newspaper of the city shall be provided requesting written comments
thereto. Subsequent to the published norice and after consideration of any comments, the
health officer may adopt such rules and regulations, or amendments, and shall file a copy
of the same with the office of the city clerk. Rules and regulations shall be effective on
such date as indicated therein, but in no event shall they be effecrive prior to twenty (20)
days after being filed in the office of the city clerk.
Section 81
Section 321.08 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 321.08. Enforcement.
The Denarhnent of Safetv and Insuections �eahh shall enforce the provisions of
this chapter.
Section 82
Section 324.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 324.05. Applicarion.
In addition to any other information required by the director, the applicant shall state the
riue name of the applicant, the name under which he or she shall conduct his or her business,
whether such business is that of an individual, sole trader, firm, partnership, or corporation, and
the address where such business is to be conducted. Any person applying for more than one (1)
license shall file with the Department of Safetv and Insoections
a list of all locarions of sale and/or the location of each
vending machine far which license applications are being filed. Any change in the location of
the place of sale shall be reported to the director within five (5) days of said change.
Section 83
Section 324.11 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 324.11. Presumptive penalties.
(a) Purpose. The purpose of this section is to establish a standard by which the city council
determines the amount of fines, length of license suspensions and the propriety of
revocations. These penalties are presumed to be appropriate for every case; however, the
77
�� �4�
4224
4225
4226
4227
4228
4229
4230
4231
4232
4233
4234
4235
4236
4237
4238
4239
4240
4241
4242
4243
4244
4245
4246
4247
4298
4299
4250
4251
4252
4253
4254
4255
4256
4257
4258
4259
4260
4261
4262
4263
4264
4265
4266
4267
4268
4269
4270
4271
4272
4273
4274
4275
4276
9277
4278
council may deviate therefrom in an individual case where the council finds and
deternunes that there exist substantial and compelling reasons wluch make it appropriate
to do so. When deviating from these standards, the council shall provide written reasons
that specify why the penalty selected was more appropriate.
**s
(c) Fines payable without hearing. Notwithstanding the provisions of section 310.05(1), a
licensee who would be making a fust or second appearance before the council may elect
to pay the fine to the Department of Safety and Inspections offrce a
council hearing, unless the notice of violation has indicated that a hearing is required
because of circumstauces which may warrant deviation from the presumptive fine
amount. Payment of the recommended fine will be considered to be a waiver of the
hearing to which the licensee is entitled, and will be considered an "appeazance" for the
purpose of determining presumprive penalries for subsequent violations.
Section 84
Section 326.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 326.03. Activifies not authorized.
(a) A license issued pursuant to this chapter may not be construed to authorize the licensee to
perform any particulaz type of work or kind of business which is reserved to qualified
licensees under separate provisions of state or local law; nor shall any license or authority
other than as is issued or permitted pursuant to this chapter authorize a person to engage
in the building contracting business.
(b) If complaints are received on work performed in Saint Paul by contractors licensed by
the State of Minnesota pursuant to section 326.01, it shall be the responsibility of the
Department of Safety and Insnections
�'rat�i'j to forwazd all such complaints for investigation and disposition to
appropriate officials at the Minnesota Deparhnent of Commerce.
Section 85
Section 329A1 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 329.01. Alarm system definitions.
(A) Definitions: Far the purposes of this section, the following words and phrases shall have
the meanings set forth in this subsection except where the context clearly indicates that a
different meaning is intended:
(1) Alarm company means the business of any individual, partnership, corporation, or
other entity involving the selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, monitoring, or installing any alarm system at an
alarm site located within the city or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved, or installed any alarm system in or
on any building, structure, facility, or other alarm site located within the city.
(2) Alarm permit means a permit issued by the
zo any owner or omer
person in control of a building structure, property, or any part thereof, located
within the city, who has leased, purchased or otherwise possesses an alarm system
rE.3
4279
4280
4281
4282
4283
4289
4285
4286
4287
4288
4289
4290
4291
4292
4293
4294
4295
4296
4297
4298
4299
4300
4301
4302
4303
4304
4305
4306
9307
4308
4309
4310
4311
4312
4313
4314
4315
4316
4317
4318
4319
4320
9321
4322
4323
4324
4325
4326
4327
4328
4329
4330
4331
4332
4333
for use on any premises.
o�t-��
***
(9)
License inspector means an inspector of the Department of Safetv and Tnspections
,� .
Section 86
Section 329.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 329.02. Use of alarm systems
(A) Alarm system user's permit:
(1) Permit reguired; term. Upon the effective date of this section, every alarm system
user shall obtain, for each alarm system, approval from the license inspector for
an alarm system user permit. A permit when issued shall be valid for one (1) year
and must be renewed by the alarm system user each year thereafter. If a property
alarm system user changes, the new property alann system user is required to
obtain a new permit for their use of the property's alarm system.
***
(4) Issuance of permit. Upon approval, by the Director of the Deparhnent of Safety
andlnsUections , or
the Director designee, of an initial or renewal application and payment of the
required fees, the Department of Safety and InsUections Efff�ee-o�L-istnsc
shall issue a permit and send it to the
applicant by United States mail.
Section 87
Section 331A.03 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 331A.03. De£nitions.
Definitions of words, phrases, and terms used in this chapter shall be those set forth in
Minn. Stat. Chapter 28A, Minnesota Rules Chapter 4626, and this section, as well as any other
state statutes or rules relating to food safety and inspection.
(a) Animal products shall mean the portions of animals used as food, such as, but not limited
to, the dressed flesh of cattle, swine, sheep, goats, wild game, poultry, fish, shellfish,
shellstock and other edible animals or similar types of foods that are offered for human
consumption.
***
�) Department shall mean the Denartment of Safetv and Inspections
t7j� Director shall mean the director of
Department of 5afety and Inspections ,
prateerie:ror his/her designated agent.
(�cj� Grocery products shall mean food items including, but not limited to, packaged or bullc
79
0�1-��q
4334
4335
4336
4337
4338
4339
4340
4341
4342
4343
4344
4345
4346
4347
4348
4349
4350
4351
4352
4353
9354
9355
4356
4357
4358
4359
4360
4361
4362
4363
4364
4365
4366
4367
9368
9369
4370
4371
4372
4373
4374
9375
4376
4377
4378
4379
4380
4381
4382
4383
4384
4385
4386
4387
4388
foods such as candy, snacks or chips, refrigerated and frozen foods, dairy products,
canned foods, dry goods (i.e. tea, coffee, spices, sugaz, flour, etc.), fruits and vegetables,
bakery products, and anunal products.
� . •
Section 88
Secrion 331A.04 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 331A.04. License administrarion.
(a) License required. Except for those establishments excluded in secrion 331A.02(c), no
person shall operate a food establishment within the city unless a license for the current
year of the applicable type shall have been obtained from the Department affree-pursuant
to this chapter and the Saint Paul Legislative Code.
(b) License application. The application for such licenses shall be made on forms fumished
by the Denartment effretand shall set forth such information as may be reasonably
required by the Denarhnent offrcc. The issuance of such licenses and their maintenance,
termination, and administration shall be in accordance with and subject to all conditions
of the Saint Paul I,egislative Code, unless otherwise provided herein.
:**
( fl Transfer and display of license.
(1) Only a person who complies with the requirements of this chapter shall be
entitled to receive a license. A license shall not be transferable as to person or
place. A license obtained for a food establishment shall be conspicuously
displayed to the public.
(2) A catering food vehicle operating in the city shall be identified with the name,
ciTy, and telephone number of the licensee displayed on both sides of the vehicle
in a conspicuous place as designated by the Department offtee. The name shall be
in letters of four (4) inches minimum height and of a color contrasting with the
background.
(g) Food safety training. The DeUartment �ffietmay require an applicant for a license to
participate in a meeting or training session provided by the Deparlment affree, including
the use of videotape or other altemative training methods, for the purpose of providing
information in the factors that cause and prevent foodborne illness if the applicant is not
required to employ a certified food manager.
Section 89
Section 331A.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 331A.05. Inspections and plan review.
(a) Inspection required. The Deuarhnent offrec shall inspect each food establishment prior to
issuing a license for a new establishment or change of ownership. A license shall not be
issued until the corrections required by the Department affree, as a result of the
environmental plan review or change of ownership review inspections have been made,
to the sarisfaction of the Denarhnent affree.
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(b) Inspection offood establishments. The Department officc shall inspect every food
establishment as frequently as it may deem necessary to insure compliance with this
chapter, but not less than the minunum frequency for establishments established by
Minnesota Statutes 157.20 or other applicable statutes or rules.
(c) Inspection report. The Department offee shall mail an inspecrion report to the licensee
or his/her authorized agent by regular mail. A copy of the inspection report shall be filed
with the records of the Deparnnent effee.
(d) Access to premises and records; interference with health authority. The person operating
the food establishment shall, upon request and after proper idenrification by the
Department crffice, permit access to all parts of the establishment at any reasonable time
for the purpose of inspection, and shall exhibit and allow copying of any records
necessary to ascertain sources of foods and methods of food preparation. No persons
shall interfere with or hinder the Department effiecin the performance of its duties, or
refuse to permit the Department-officc to make such inspections.
(e) Removal and correction of violations. After receiving a report giving notification of one
(1) or more violarions of this chapter, a licensee shall correct each violation in a
reasonable length of time as determined by the Department affrec. The length of time for
the correction of each such violation shall be noted on the inspection report. The failure
to correct each such violation within the time period noted on the inspection report shall
constitute a separate violation of this chapter.
(fl Environmental plan review required. A person shall not begin to consh remodel, or
alter a food establishment until the director has reviewed and approved the plans and
specifications required by this subsection. The food establishment shall be constructed
and finished in conformance with the approved plans. The director may inspect the food
establishments as frequently as deemed necessary during construction to ensure that
construction occws in conformance with this chapter. The director shall conduct a final
inspection prior to the start of operations and issuance of an approved license. If work
has commenced prior to approval of plans when required, the director may issue orders to
halt the construction, extensive remodeling, expansion, or alteration, or may issue orders,
including demolition or removal, if reasonably necessary to determine compliance with
the standards of this chapter.
(g) Change of ownership review required. Upon a change of ownership of a food
establishment, the director shall conduct a change of ownership review of the premises to
determine compliance with the requirements of this chapter.
Section 90
Section 331A.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 331A.06. Grounds for emergency closure.
(a) Single violations. The Department effite may issue orders to summarily close any food
establishment for any of the following reasons:
(1)
�2)
(3)
Failure to possess a license required by this chapter;
Evidence of a sewage backup in a food preparation, food storage, or utensil
washing area;
Lack of potable, hot or cold water under pressure to the extent that handwashing,
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(4)
(5)
(6)
(b) Procedure for emergency closure.
(1) If, following an on-site inspection, the Deparhnent �f£tee determines that closure
of a food establishment is required in order to protect public health as provided in
this section, the director shall order the nnmediate closure of the establishment in
writing. The order shall identify the food establishment, describe the specific
grounds upon which closure is based, direct the immediate closure of the
establishment and vacating of the premises by consumers, list the corrective
actions necessary to re-open the establishment, and state that a hearing on the
emergency closure may be requested by the licensee. The order shall be served in
person on the owner, manager, or person in charge of operations of the premises.
(2) The person receiving the order shall close the establishment and request all
persons to vacate. The establishment shall remain closed until the Department
offrccrescinds the order for emergency closure. Failure to close the establishment
is a misdemeanor. In the event the person receiving the order fails to close the
establishment, the Denartment affiecniay order all persons to vacate the
premises. Failure to leave upon said orders is a misdemeanor. Where a person
fails to vacate the premises as ordered by the Department effiee, the police may
be summoned to assist in vacating the pxemises and issuing such citations or
making such arrests as may be necessary to comply with this subsection.
(3) The licensee may request, in writing, a heazing on the emergency closure, and the
conditions, if any, to be imposed for reopening the food establishment. The
hearing shall be held within two (2) business days before an independent hearing
examiner, except that the licensee may waive the foregoing time restrictions and
consent to scheduling the hearing at a later date. The independent hearing
examiner shall render a written decision within two (2) business days after the
conclusion of the hearing, and shall either sustain the grounds set forth in the
order of emergency closure, in which case the order shall remain in full force and
effect pending further orders of the Department offiee, or find that the evidence
does not support the emergency closure, in which case the order shall be deemed
dismissed and the establishment may reopen forthwith, subject to any further
proceedings for adverse action.
(4) Any person aggrieved by the findings and conclusions of the independent hearing
examiner may appeal to the city council by filing a notice with the city clerk, who
shall note the matter for hearing at the city council meeting next following the
date of such appeal. The council may modify the findings and conclusion of the
independent hearing examiner as it deems appropriate on the record, or continue
the closure order pending the further orders of the Deuartment offree:
Section 91
utensil washing, food prepazation, or toilet facilities aze not operational;
L,ack of electricity or gas service to the extent that handwashing, utensil washing,
food prepazation, lighting, or toilet facilities aze not operational;
Evidence of an ongoing foodbome illness caused by the operation of the
establishment; or
The presence of any condition that poses an imminent risk of substantial harm to
the public health, safety or welfare.
C.Y_'
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Section 331A.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 331A.08. Industry self-survey and training responsibility.
(a) Self-inspection program.
(1) Every licensee of a food establishment shall arrange for and maintain a program
of sanitarion self-inspection conducted by the owner, manager, sanitation
supervisor, or designated agent. The self-inspection program shall be approved by
the Department offrce.
(2) The licensee shall maintain, on the premises, up-to-date written policies or
guidelines forfood preparation and handling,including propertemperature
maintenance of potenrially hazardous food; sanitation practices and techniques;
employee training in food handling procedures and personal hygiene; monitoring
of all acrivities listed above; a facility, equipment and utensil cleaning schedule;
and other means as required by the Department offrcc.
Section 92
Section 331A.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 331A.10. Penalty.
Any person who violates this chapter, or who permits a violation to exist on the premises
under his/her control, or fails to take action to abate the existence of the violation within the
specified time period when ordered or notified to do so by the Department office, sha11 be guilty
of a misdemeanor, and upon conviction thereof, shall be punished as provided.
Section 93
Section 344.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 344.02. Fees.
(a) The fee required for a license defined under this chapter shall be established by ordinance
as provided in section 310.09(b) of the I,egislative Code.
(b) The billable transaction fee shall reflect the cost of processing hansactions as determined
by the director of the Department of Safety and Inspections '"'� .�.,��:,
(hereafter, in this chapter, "�P director") and
the chief of police (hereafter, in this chapter, "chief') or their designees. These fees shall
be established by ordinance as provided in section 310.09(b) of the Legislative Code. The
billable transaction fee shall be required of all licensees as defined under this chapter
except:
(1) If a licensee is unable to successfully transfer the required reports via modem, the
licensee must provide the police deparhnent printed copies of all reportable
transactions along with the videotape(s) for that date, by twelve o'clock noon
(12:00) the next business day, and must be chazged for billable transactions at a
rate to be determined by the automated pawn system (hereafter, in this chapter,
"APS") for manual processing.
(2) If the problem is determined to be in the licensee's system and is not corrected by
the close of the first business day following the failure, the licensee must provide
83
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the required reports as detailed in section 344.04(a), and may do so for up to ten
(10) consecurive days without penalty. However, after the tenth day, if the
licensee still cannot report via modem, the licensee may, at the discretion of the
�P director and the chief, be fined one hundred dollars ($100.00) per day not to
exceed twenty (20) days. If the licensee cannot report via modem after thirty (30)
days from the first date of failure, the license may be revoked.
(3) If the problem is determined to be outside the licensee's system, the licensee must
provide the required reports as detailed in secrion 344.04(a), and will be charged
for billable transactions until the error is corrected. If the regulatory agency is
unable to collect the required data via modem, no additional charges will be
assessed against the pawnbroker.
(4) The licensee who has consistently reported via modem, and is unable to capture,
digitize, or transmit the photographs as required under section 344.04(a), must
immediately take all required photographs with a still camera, nnmediately
develop the pictures, cross reference the photographs to the correct transacrion,
and deliver them to the police deparhnent by twelve o'clock noon (12:00) on the
next business day. Such failures shall follow the same time lines and presume the
same penalties as idenrified in section 344.02(b)(2).
(5) The �P director, in conjunction with the chief, upon presentation of extenuating
circumstances, may extend the grace period for a qualifying licensee beyond ten
(10) days or may extend the penalty beyond twenty (20) days, notwithstanding
other provisions as outlined in section 344.02.
(c) Licensees shall be notified in writing at least thirty (30) days before any fee adjustment is
implemented. Billable transaction fees shall be billed monthly and are due and payable
within thirty (30) days. Failure to do so is a violation of this chapter and may result in the
following actions:
(1)
�2)
(3)
(4)
Fees due past thirty (30) days may result in up to a two-hundred-fifty-dollar fine.
Fees due past sixty (60) days may result in up to a five-hundred-dollar fine.
Fees due past ninety (90) days may result in a license suspension.
Fees due past one hundred twenty (120) days may result in a license revocation.
(5) Any and all adverse actions taken against licensees and their licenses as defined
in this chapter shall be ordered by the city council and implemented by the
Department of Safety and Inspections afftee All judgements made by the
city council shall be final.
(d) Any applicant for a new license under this chapter shall be required to deposit a fee
established by ordinance as specified in section 310.09(b) of the Legislative Code to the
Department of Safetv and Inspections =��= at the time of original application.
Such deposit shall be used to cover the cost of application verification and any additional
expense associated with investigations performed to assure compliance with this chapter.
If, however, the costs of investigations exceed the original deposit, the Department of
Safetv and Inspections ay
recover the actual investigation costs not to exceed ten thousand dollars ($10,000.00).
Section 94
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Section 344.04 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 344.04. Regulations.
(a) Records. Every person engaged and licensed in the business of pawnbroker shall record
all purchases or pawn transactions on a standard three-part form fumished by the Saint
Paul Police Department, hereafter referred to as a pawn or buy form. One (1) copy shall
be maintained at the place of business. The other rivo (2) shall be delivered to the Saint
Paul Police Deparhnent according to section 344.04(b) of the Legislative Code. All pawn
rickets shall be completed, legibly written in ink in the English language, at the time any
loan or purchase is made, and will include the following information:
(1) The date and time that all such loans and/or purchases aze made.
(2) An accurate description of any person pawning, selling or leaving any type of
property on deposit as a collateral security. Such description shall include, but not
be limited to, the person's full name; date of birth; residence; physical descriprion,
including, but not limited to, sex, height, weight, color of eyes and color of hair;
and the identification number from any of the following forms of identification of
the persons pawning or selling the property: valid driver's license containing a
picture or Minnesota identification card.
(3) The full description of all such property purchased by the licensee or property
received on deposit as collateral securiTy, including the manufacturer's serial
number or identifying insignia, if applicable, and the amount of purchase money
or the amount loaned.
(4) All forms shall be signed by such person and initialed by the clerk or agent for the
business.
(5) Entries on such forms shall not be erased, obliterated or defaced in any manner
and shall be, at all reasonable times, open to inspection by the chief of police or
any member of the police department or the Department of Safetv and Inspections
(6) Effective April 1, 1996, the licensee must also take a color photograph or color
video recording of:
a.
�
Each customer involved in a billable transaction; and
Every item pawned or sold that does not have a unique serial or
identification number permanently engraved or affixed.
If a photograph is taken, it must be at least two (2) inches in length by rivo
(2) inches in width and must be immediately developed and be maintained
in such a manner that the photograph can be readily matched and
correlated with all other records of the transaction to which they relate.
Such photographs and/or video photographs must be available to the chief
or the chiefs designee upon request. The major portion of the photograph
must include a front facial pose of the person who pawned or sold an item.
Items photographed must be accurately depicted. The licensee must
inform persons that they are being photographed and/or videotaped orally
and by displaying a sign of sufficient size in a conspicuous place.If a
video photograph is taken, the video camera must zoom in on the person
pawning or selling the item so as to include an identifiable closeup of that
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person's face. Video photographs must be electronically referenced by
time and date so that they can be readily matched and correlated with all
other records of the transaction to which they relate. The licensee must
keep the exposed photograph and/or videotape for at least four (4) months.
(7) Effecrive sixty (60) days after the date of notification by the chief or the chief s
designee, but no sooner than July 1, 1996, licensees must fulfill the
foremenrioned color photograph requirements by submitting them as digital
unages, in a format specified by the issuing authority, electronically cross-
zeferenced to the reportable transacrion they aze associated with.
(8) The records must, at all rimes, be open to inspection by the Department of Safetv
and Insoections effree-af��or the police deparhnent. Entries must be retained
for at least three (3) years from the date of transacrion. Digitized images must be
filed and kept electronically for a minunum of thirty (30) days. At all times
during the terms of the license, the licensee must allow any representative of the
Department of Safetv and Inspections �P-and/or the police
department to enter the premises where the licensed business is located, including
all off-site storage faciliries as authorized in section 344.04(m), during normal
business hours, except in an emergency, for the purpose of inspecting such
premises and inspecting the items, wazes, merchandise, and records therein to
verify compliance with this chapter and other applicable laws.
Section 95
Section 347.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 347.04. Application.
Application. Every applicant for a pet shop license shall file an application with the
Denartrnent of Safety and lnspections
�reteetio�E,�E3'j. The application shall be on a form prescribed by the Department of Safetv
and Inspections �EP-containing such information as the director of such department offiee may
require including, but not limited to, the applicant's name, address and telephone number and the
name, address and telephone number of the pet shop. Each pet shop facility shall be separately
licensed. An applicant may also elect to apply for permission to act as a deputy dog license
vendor as part of its license and as such is entitled to retain one hundred (100) percent of the
license fee for each animal initially licensed.
Section 96
Section 347.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 347.05. Regularions.
(a) Premises. Every person keeping or maintaining a pet shop shall do so entirely within a
closed building, shall not keep or maintain any outside kennel service, and shall be
subject to and shall comply with all of the rules and regulations of the Department of
Safetv and Inspections , .
(b) Exotic animats. No pet shop shall maintain, keep or har6or any skunk, whether captured
in the wild or raised domestically, descented or not descented, vaccinated against rabies
or not vaccinated against rabies. No pet shop shall maintain, keep, harbor or sell any red-
eazed hxrtle (Pseudemys scriptaelegans) with a shell length of less than four (4) inches.
�
o�-� ��
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��>
(d) Rules and regulations. The d'uector of the Department of Safetv and Inspections
ay upon notice and hearing promulgate such rules as he or
she deems necessary to carry out the provisions and purposes of this chapter, to provide
for the proper caze of annnals and to provide for the cleanliness and proper sanitation in
such facilities. Notice of the promulgarion of such rules and the hearing date shall be
given to all licensees, and notice of the hearing date published once in the legal
newspaper. The norice shall advise that at the hearing written or oral comments on
proposed rules will be received, and how a copy of the proposed rules can be obtained.
Such rules shall be effective after such hearing when filed in the office of the city clerk.
Violarions of such rules shall be sufficient grounds for adverse action against licenses
issued underthis chapter.
(e) Records. Every licensee shall keep a book in which shall cleazly be entered, in ink, at the
time of each purchase or sale, an accurate account in the English language of any such
live animal so purchased or sold, including the name and address of the person by or to
whom such purchase or sale is made.
( fl Reporting. Every licensee shall inform the person by or to whom such purchase or sale is
made for any animal requiring a permit in order to keep it within the city of the
guidelines for obtaining a keeping-of-animal permit.
(g) Inspection. The record herein required to be kept, as well as the premises of each
licensee, shall at all reasonable times be open to inspection and examination by the
license and health inspectors of the City of Saint Paul.
Section 97
Section 351.05 of the Saint Paul I,egislative Code is hereby amended to read as follows:
S ec. 351.05. Insp ection.
A copy of all license applications shall be referred to the director of the Deuariment of
Safetv and Inspections � or his authorized agents for review.
Section 98
Section 354.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 354.04. Regularions.
Transporting contents. Every licensee or permittee hereunder, in conveying upon the
public streets, alleys or elsewhere in the City of Saint Paul the contents of any septic tank,
cesspool, sink, privy vault or private drain, shall convey the same in a tank approved by the
Depariment of Safetv and Inspections ' , and in such a manner as to avoid
overloading or spilling the contents thereof, or the emission of an offensive odor therefrom, and
shall maintain the exterior of the vehicle and tank in a clean manner. If any of the contents of the
tank shall be spilled or fall upon any street, walk or premises, the owner or driver of the vehicle
shall replace the same immediately and remove all traces thereo£ The tanks shall be kept and
maintained clean and inoffensive when notin use.
Section 99
Permit required. Every licensee shall affix in a prominent position to the exterior of the
cage, pen, enclosure, or tank housing of any animal requiring a permit to keep within the
city, a tag or notice with the words "Saint Paul permit required."
[lll
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Section 355.03 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 355.03. Licensing requirements.
(a) Contents ofapplication. Every applicant for a license under this chapter must submit a
complete and accurate application on forms to be provided by the Deuarnnent of Safeb
applicants shall be required to submit informarion to enable a fair determination of their
eligibility to hold the license for which they aze applying, which shall include but not be
limited to:
Section 100
Section 355.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 355.04. Regularions.
(a) Reportable transactions. Except for items received through consignment, or for which
payment is made with a credit or voucher redeemable for merchandise from the dealer,
every dealer shall record a transaction in which one or more of the following items is
received, regardless of the purchase price or selling price, and shall report the same as set
forth in § 355.04(e):
a**
(b) Records. Any reportable transaction shall be recorded on a standard three-part form
fumished by the city police department, hereafter refened to as a purchase form. One (1)
copy shall be maintained at the place of business. The other rivo (2) shall be delivered to
the city police deparhnent according to section 355.04(e) of the Legislative Code. All
purchase forms shall be completed, legibly written in ink in the English language, at the
time any purchase is made, and will include the following information:
(1) The date and time that all such purchases are made.
(2) An accurate description of any person from whom the property was received.
Such description shall include, but not be limited to, the person's full name; date
of birth; residence; physical description, including, but not limited to, sex, height,
weight, color of eyes and color of hair; and the identification number from any of
the following forms of identification of the persons pawning or selling the
property: valid driver's license containing a picture Minnesota identification cazd
or current valid photo driver's license or photo identification card issued by
another state, United States passport or military ID.
(3) A complete and accurate description of each item including, but not limited to,
any trademark, identification number, serial number, model number, brand name
or other identifying mark on such item, if applicable, and the amount of purchase
money or the amount loaned.
(4)
(5)
All forms shall be signed by the person leaving the property and initialed by the
clerk or agent for the business.
Entries on such forms shall not be erased, obliterated or defaced in any manner
and shall be, at all reasonable times, open to inspection by the chief of police or
m
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�::�
,;
,;
�:.
any member of the police department or license and permit division.
(6) The records must, at ail tunes, be open to inspection by the Deparhnent of Safetv
and Inspecrions officc-af�P-or the police department. Entries must be retained
for at least three (3) years from the date of transaction. At all rimes during the
terms of the license, the licensee must allow any representarive of the Department
of Safetv and Inspecrions offretaf-L�P-and/or the police department to enter the
premises where the licensed business is located, including all ofF site storage
faciliries, during normal business hours, except in an emergency, for the purpose
of inspecting such premises and inspecting the items, wares, merchandise, and
records therein to verify compliance with this chapter and other applicable laws.
All recordable transactions shall include a written record, legibly written in the English
language, and shall include: (1) the date, price and an accurate description of the purchase/items
received; and (2) the full name, date of birth, address, phone number and ID number and type of
the person from whom the property was received. Such records must be open to inspection by
the Department of Safety and Inspecrions- �and the city police department upon
request, and must be retained for a period of at least three (3) years from the date of the
transaction.
Section 101
Section 357.04 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 357.04. Licensing requirements.
(a) Application. When the application is submitted in complete form, together with any
required site plan and specifications, the inspector shall transmit it for review and
approval to the Department of Safetv and Inspections
dicisian, and to the deparirnent of public works, '
. The inspector shall determine whether a license is required by
either the county or the Minnesota Pollution Control Agency and, if required, whether the
appropriate license has been obtained.
Section 102
5ection 357.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 357.06. Enforcement.
(a) Revocation or suspension of license. The city council may suspend or revoke any license
when the licensee neglects or fails to comply with the provisions of applicable Minnesota
Statutes, Ramsey County solid waste management ordinances, and city ordinances.
(b) Inspection. Inspection may be made of any premises, facilities or equipment in
connection with the storage, collection, transportation, treatment, handling, utilization,
processing and fmal disposal of mixed municipal solid waste and/or separate waste
streams at any reasonable time upon showing proper identification. Inspection may be
made by authorized personnel from the department of public works; and/ar the
Department of Safetv and Insnections
� � � � ' ' ' , or Ramsey County, the
Metropolitan Council, the Minnesota Pollurion Control Agency, as appropriate, or any
peace officer.
(c) Vzolations. Whenever it is found that a violation of the provisions of this chapter exists,
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the department of public works
ay take acrion to correct the condirions by serving a written order
or notice upon the person responsible therefor directing him to discontinue the illegal
action or correct the condirion which is in violarion of the provisions and regulations of
this chapter. Any violation of this chapter is a misdemeanor, unless otherwise specified.
Section 103
Section 357.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 357.07. City collecHon of mixed municipal solid waste.
City departments may collect mixed municipal solid waste. The deparlment of public
works may and the Department of Safety and Insuections
shall collect or arrange for collection of mixed municipal solid waste from city buildings and
other ciTy facilities, including the provision of recycling receptacles and collection seroices.
Section 104
Section 360.04 of the Saint Paul I,egislative Code is hereby amended to read as follows:
5ec. 360.04. Licensing requirements; submission of plans and specifications.
The following requirements shall apply to the licensing of public swimming pools:
(1) No person shall begin construction of a public swimming pool or shall
substantially alter or reconstruct any public swimming pool without fsst having
submitted plans and specifications to the inspector for review and approval. All
plans and specifications shall be submitted in duplicate and the inspector shall
arrange far the review and approval of the plans and specifications by the
Denartment of Safetv and Insnections '
offieixl.
No permit to construct, alter or renovate shall be issued by the inspector until
approval is granted by the Department of Safety and Inspections dinision-of
(2) The application for a permit to construct or remodel a public swimming pool shall
be on forms prescribed by the inspector, together with any supporting data as may
be required for the proper review of the plans.
(3) The pool and facilities shall be built in accordance with the plans as approved by
the building official. Changes or modifications of said plans must have approval
in writing by the building official. The owner or his agent shall notify the director
of the Department of Safetv and Insvections
bni�ding�ffieia�at specific predetermined stages of conshuction to permit
adequate inspection of the pool and related equipment during and after
construction. A final inspection shall be made upon completion of the pool
facilities.
The pool shall not be placed in operation until such inspections show compliance
with the requirements of this chapter.
(4) The criteria to be followed by the Department of Safetv and Insnections -i�ai�ding
.�
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(5)
offrcix�iu the review and approval of plans shall be promulgated as rules and
regulations as authorized by this chapter.
The plans shall be drawn to scale and accompanied by proper specificarions so as
to permit a comprehensive engineering review of the plans including the piping
and hydraulic details and shall include:
a.
L�
c.
Plan and sectional views with all necessary dimensions of both the pool
and surrounding area.
A piping diagram showing all appurtenances including treatment facilities
in sufficient detail, as well as pertinent elevation data, to permit a
hydraulic analysis of the system.
The specifications shall contain details on all treatment equipment,
including catalog identification of pumps, chlorinators, chemical feeders,
filters, strainers, interceptors and related equipment.
Section 105
Section 360.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 360.05. Design, construction and operation features.
(a) Reasonable regulations shall be promulgated by the director of the Department of S.
and Inspections ' covering design
construction and operation of public swimming pools. No permit to conslruct, alter,
remodel or license to operate shall be granted unless the pool conforms with these
regulations.
Section 106
Section 360.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 360.06. Regulations to be promulgated.
The Depariment of Safetv and Insnections
is authorized to promulgate regulations in connection with
the operation and maintenance of public swimming pools for the protection and promotion of
public health and safety. The insnector from the Depariment of Safetv and Inspections ixea�th
affieershall perform inspections at reasonable hours to ensure compliance. Every public
swimming pool shall be operated under the close supervision of a designated operator. Every
designated operator shall be required to obtain a certificate of competency issued by the
Department of Safetv and Inspections i�eaitiroff:eerupon successfully completing a swimming
pool operator's training course offered by the Deparirnent of Safety and Inspections divisiamaf
pulrtie-kegitk, for which said department divisioa may charge a reasonable fee, or any other
swimming pool course approved by the Department of Safety and Inspecrions i�eakh-affiecr.
Section 107
Section 360.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 360.07. Health and safety.
(a) Communicable diseases. No person having a communicable disease shall be employed or
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work at a public swimming pool. All patrons or swimmers suspected of having an
infectious disease shall be excluded.
(b) Safety; lifeguards. Appropriate facilities shall be provided for the safety of bathers as
may be required by the Department of Safety and Inspecrions ' .
Competent lifeguards shall be on duty during all swimming periods when so ordered by
the director of the Department of Safetv and Insnecrions ' or
when a use fee is chazged.
(c)
(d)
(e)
Supervision. Every swimming pool shall be under the supervision of a capable individual
who shall assume the responsibility for compliance with all parts of this chapter relating
to pool operation and maintenance.
Access. When the swimming pool is not open for use, access to such pool shall be
prevented, and such prevenrion shall be the responsibility of the owner or his agent.
Emergency instructions. Instructions regazding emergency calls shall be posted in a
conspicuous place in the pool area.
( fl Maximum load. Not more than the maximum design bather load shall be permitted in the
swimming pool at any one time.
Section 108
Section 360.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
S ec. 360.08. In spection.
The Department of Safetv and Insuections � 's authorized to
conduct such inspections as it deems necessary to ensure compliance with all provisions of this
chapter and shall have the right of enhy at any reasonable hour to the swimming pool for this
purpose.
Section 109
Section 360.09 of the Saint Paul I,egislative Code is hereby amended to read as follows:
S ec. 360.09. O p erati o n.
(a) Records. The operator of each pool shall keep a daily record of information regarding
operation, including disinfectant residuals, pH, maintenance procedure, recirculation,
together with the other data as may be required on forms furnished by the Departxnent of
Safetv and Insuections � . These data shall be kept on file by the
operator for six (6) months for review by said department diroisien or submitted
periodically to the denartment diroisian as may be required by the director of the
Deuarhnent of Safety and Inspections . Pool water samples shall
be submitted to the department divisien as required by the aforesaid director.
(b) Maintenance. The pumps, filter, disinfectant and chemical feeders, and related
appurtenances, shall be kept in operation at all times the swimming pool is in use and for
such additional periods as needed to keep the pool water clear and of satisfactory
bacterial quality. Continuous operation of the recirculation system shall be maintained in
every swimming pool during seasons of regular use.
Section 110
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Section 361.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 361.04. Approval required for change of service vehicle.
Such license shall constitute a registration of the vehicle so licensed and no other vehicle
may be used without the written approval of the Department of Safetv and Inspecrions �f&ce
, . In the event the licensee during the license
year desires to change the vehicle or vehicles so licensed, the licensee shall make application
describing the new vehicle or vehicles to be used and upon payment of a fee of ten dollazs
($10.00) for each replacement vehicle shall submit said application to the Deparhnent of Safety
and Inspections , for approval. If
such approval is obtained, license certificates shall be issued and affixed as provided for in
section 361.17.
Section 111
Section 361.05 of the Saint Paul Legislative code is hereby amended to read as follows:
Sec. 361.05. Application procedure.
Application for a wrecker or tow iruck service vehicle license shall be made upon forms
provided by the Deparhnent of Safety and Inspecrions ,
. The license inspector shall investigate the matters contained thexein
and convey approval or disapproval of the application to the city council. The application shall
contain among other things:
(1) A true and correct list of all contracted or otherwise used private property towing
locations and persons with authority to sign tow order forxns, and the Deuartment
of Safetv and Inspections ,
�roteetioirshall be immediately notified in wriring when changes occur therein.
(2) A record and establishment of reasonable fixed towing and fixed drop chazges,
which fixed charges shall be on file with the license inspector's office, which
office is to be notified immediately in writing as changes occur therein in such
rate.
(3) A statement that there will be a storage lot or lots at which will be maintained
continuous twenty-four-hour-on-duty service from an office on the premises for
the release of motor vehicles, together with the exact location of such lot or lots,
with changes to be made known to the Denartment of Safetv and Inspections
, immediately in
writing.
(4) A true and cunent list of the names and addresses of all drivers employed by the
licensee.
Section 112
Section 361.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 361.06. Bond.
Licensees shall file a surety bond in the sum of ten thousand dollars ($10,000.00)
conditioned upon the proper handling and safekeeping of vehicles, accessories, and personal
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property and the guaranTy of reimbursement to owners for loss. The surety bond shall not be
cancelled except upon thirty (30) days' prior notice in writing to the Department of Safetv and
Insnections , .
Secrion 113
Section 361.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 361.10. Records required.
All wrecker or tow truck licensees shall have a book in which shall be cleazly written in
ink and in the English language at the time the service is completed: an accurate description of
the services provided; the place where the service was provided or from which a vehicle was
towed; the full name of the driver of the service vehicle; the license plate number of the motor
vehicle serviced and the name and resident address of the person requesting or authorizing the
service. All such books maintained by a licensee shall be open to inspection at all reasonable
times by the mayor, any member of the police force or any inspector of the Department of Safetv
and Inspections , .
Section 114
Section 361.14 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 361.14. Annual inspecrion of equipment.
(a) Every wrecker or tow huck service vehicle shall be thoroughly and carefully examined at
least once every calendar year by the Department of Safety and InsUections 9ffree-af
, or an authorized representative
thereof to determine whetber it complies with the following:
(1)
�2)
(3)
To be thoroughly safe for providing the services described in this chapter.
To be equipped with a 2Al OBC or lazger fire extinguisher, as approved by the fire
marshal, properly charged and in good working order at all times.
To be clean in appeazance and well painted.
(4) To have the operating name, address and telephone number affixed in a
permanent manner on the outer side of each of the front doors of the vehicle or on
the side of the vehicle in letters of not less than three (3) inches in height.
(b) The council may take adverse action against the license issued for any wrecker or tow
truck service vehicle which is not inspected in accordance with this section, which does
not meet the requirements above, or which is not made available for inspection at the
request of the inspector.
Section ll5
Section 361.20 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 361.20. Insurance.
Each applicant for a license under this chapter shall file with the Depa�
and Insnections
policy or certificate of insurance fxom a company authorized to do business in
��
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insuring the applicant against any and all liability incurred in the use or operations of the vehicle
licensed under this chapter including the providing of wrecker or tow truck motor vehicle service
defined in secrion 361.01. The policy of insurance shall be in the lunits of not less than one
hundred thousand dollars ($100,000.00) for injury or death to one (1) person, three hundred
thousand dollazs ($300,000.00) for each occurrence, and one hundred thousand dollars
($100,000.00) property damage.
Section 116
Section 361.21 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 361.21. Reciprocity.
Wrecker or tow truck service vehicles which aze licensed in other municipaliries under
the provisions of a licensing and regulatory ordinance whose requirements and restrictions are
equal to the provisions hereunder may be licensed without additional fee to operate within the
City of Saint Paul upon filing proof with the Department of Safety and Inspections 9ffizcvf
, ', provided, however, that the terms of such
municipality's licensing ordinance contain the same privileges, responsibilities and mutual
reciprocities as are herein provided. Upon filing said proof, the Denartment of Safetv and
Inspections , shall issue a license
certificate for each vehicle to be so licensed.
Section 117
Section 367.01 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 367.01. Definitions.
The following defmitions shall apply in the interpretation and enforcement of this
chapter:
(1) Change of ownership: The word "change of ownership" means a licensed business is sold
or transferred to another person, business or corporation. A change of ownership, as it
relates to an environmental plan review, does not include the changing or adding of
officers to an existing parinership or corporation or change of a mailing address.
�2)
(3)
(4)
Director: The word "director" means the director of the Department of Safety and
Inspections ,
or his/her designated agent.
Tattooing: The word "tattooing" means and includes any method of placing designs,
letters, scrolls, figures, symbols, or any other marks upon or under the skin of a person
with ink or colors, by the aid of needles or instruments.
Person: The word "person" means and includes any individual, firm or corporation,
owner or operator of a tattooing establishment.
(5) Remodel: The word "remodel" means any reconstruction, alteration or repair that requires
structural, plumbing, mechanical and/or electrical permits; changing the location of
walls; expanding the area of the facility; substantially changing or expanding the
character of the business. "Remodel" does not include replacing a piece of equipment
with a like piece of equipment; replacing wall, floor or ceiling fmishes; repositioning
equipment; providing new equipment that does not significantly alter the chazacter of the
business. The director shall have discretion in detersnining when this section applies.
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Section 118
Section 367.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 367.06. General instructions.
The tattooing license and regulations of the Department of Safetv and Inspections -afftee
hall be posted at all tnnes in a conspicuous
place in the tattooing establislunent.
Section 119
Section 368.04 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 368.04. Regulation; enforcement.
(a) All wrecking done within said city shall be subject to the supervision of the director of
the Department of Safety and Insuections , and to
such reasonable restrictions as he may impose in regard to elements of safety and health;
such work shall be kept sprinkled, and sufficient scaffolding provided to ensure safety to
human life, limb and property.
(b) If at any time during the wrecking or demolishing of any building the director shall find
that the wrecking is not being done in a safe and efficient manner, he shall, after giving
said person, firm, corporation or the bonding company sufficient notice to comply with
his requirements and said requirements not being complied with, be at liberty to enter
upon the premises and cause the work to be completed at the expense of the wrecker. The
Deparhnent of Safety and Insvections shall, within ten
(10) days after receipt thereof, be reimbursed by said person, firm or corporation, or the
bonding company, for the expense incurred. If the person, firm or corporation, or
bonding company, fails to reimburse said department, the director shall, at the expirarion
of the time specified, notify the duector of the Department of Safetv and Inspections
,� of the cost of completing said
wrecking or demolition, and the same shall become a lien on the property, together with
interest at the rate of six (6) percent per annum from the date of the expiration of notice
to such person, firm, cooperation or bonding company.
Section 120
Section 369.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 369.01. Procedures; definitions.
The provisions of Chapter 310 of the St. Paul Legislative Code, entitled, "Uniform
License Procedures," shall, where appropriate, be applicable to this chapter, except that certain
terms shall be defined as follows:
Building official. Wherever the term "building official" is used in Chapter 310 and in this
, it shall be held to mean the -- .
and
or
Department �ivisioa. Wherever the term "department dinisian" is used in Chapter 310, it
shall be held to mean the Department of Safetv and Inspections ,
.,
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of the City of Saint Paul.
O�l � �-1�j
Inspector. Wherever the term "inspector" is used in Chapter 310, it shall be held to mean
the building official or a iris designee.
Section 121
Section 370.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 370.01. Procedures; deFnitions.
The provisions of Chapter 310 of the St. Paul Legislarive Code, entitled, "Uniform
License Procedures," shall where appropriate be applicable to this chapter, except that certain
terms shall be defined as follows:
Building o�cial. Wherever ihe term "building official" is used in Chapter 310 and in this
chapter, it shall be held to mean the head of the Building Inspection Division of the Denartment
of Safetv and Insuections -- ,
of the City of Saint Paul.
Department �ivision. Wherever the term "departmenY"`divisiax�'� is used in Chapter 310
and in this chapter, it shall be held to mean the Department of Safetv and Insnections 6fficcof
Inspector. Wherever the word "inspector" is used in Chapter 310, it shall be held to mean
the building official or his designee.
License or permit. Wherever the word "license" or the word "permiY' is used in Chapter
310, it shall be held to mean the building trades certificate of competency as provided in this
chapter.
Section 122
Section 370.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 370.07. Duties of boards.
(a) Requirements; examinations. Each board of examiners shall prescribe reasonable
requirements as to experience, training and ability of the applicants, subject to the
approval of the director of the Depariment of Safety and Insuections '_"� __ ���=,
. Each board shall formulate and hold all
examinations of the applicants, whether written, oral or practical, or a combination
thereof, subject to the approval of the director of the Deparhnent of Safetv and
Insnections , as may be
necessary to determine whether the applicant has sufficient lmowledge, skill, training and
experience to enable him/her to safely, competently and properly engage in or work at
tke business or irade for which a certificate of competency is desired. Each boazd may, in
the event it is necessary or desirable to differenriate between levels of experience, skill,
training, knowledge and ability, place classifications or conditions upon said certificates,
ar recommend the issuance of different classes of certificates of competency, subject to
the approval of the said director. Existing classifications of cer[ificates of competency
may be retained.
(b) Recommendation. Each such board shall, after testing and evaluation of the applicant,
make a recommendation that the applicant be issued or denied a building trades
LTd
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certificate of competency, and such recommendation shall be communicated to the
building official, upon whom the recommendation is binding.
(c) Meetings, when held. Each board shall meet upon the call of the building official or his
designee.
Section 123
Section 370.17 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 370.17. Apprentices; registration; supervision.
(a) Definition. As used in this secrion, "apprentice" means a person undergoing iraining and
instrucrion tluough a program recognized by the State of Minnesota Department of Labor
and Industry, Division of Apprenticeship or the United States Deparixnent of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training.
(b) Registration required. Every aF
building or structure within the
of Safetv and Inspections 6ffrc
the City of Saint Paul.
ace employed at a building trade who works on any
of Saint Paul shall be registered with the Departme�
(c) Supervision. An apprentice shall work only under the direct supervision of a master or
journeyman certificate of competency holder.
Section 124
Section 376.02 of the Saint Paul Legislative Code are hereby amended to read as follows:
Sec. 376.02. Definitions.
Except where otherwise expressly stated, the following terms, wherever used in this
chapter, shall have the meanings respectively ascribed to them in this section:
Auto-car. An "auto-car" is hereby defined to be a self-propelled motor vehicle with a
capacity for carrying seven (7) passengers for hire and which operates from a garage or livery
and which is kept at all times in such garage or livery, except when answering a call, and is hired
from such garage or livery only.
Director. The term "director" shall mean the director of the Department of Safetv and
Insnections , .
Driver. The term "driver" shall mean the individual in immediate control of the
movement of the public vehicle.
Owner. The word "owner" shall mean any person, firm, copartnership, corporation or
association that has the bona fide legal title and the right of control, direction, operation and
maintenance of such licensed taxicab so operated for hire on the streets of the City of Saint Paul.
Passenger service vehicle. The term "passenger service vehicle" shall mean and include
any motor vehicle carrying passengers for hire or for a fee, but shall not include any vehicle used
in providing limousine service as defined in Minnesota Statutes, Section 221.84.
Person(s) with disabilities. The term "person(s) with disabilities" shall mean any person
for whom, by reason of age, or disability as defined in Minnesota Statutes, Section 363.01,
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subdivision 13, their access to and use of taxicabs would be facilitated by being able to ride in
the front passenger seat of the taxicab.
Public vehicles. The term "public vehicles" shall mean and include taxicabs and
passenger service vehicles.
Taxicab. The term "taacicab" shall mean and include any motor-driven vehicle for the
transportarion for hue of passengers, which is equipped with a taxnneter and a distinctive color
scheme as hereinafter defined.
Tciximeter. The term "taximeter" shall mean and include any mechanical inshument or
device, approved by the inspector, by which the chazge for lure of a taxicab is mechanically
calculated, and on which such charge is plainly indicated.
Waiting time at address. The term "waiting time at address" is defined to mean the time
beginning when a cab arrives at an address to which it has been called, and ending when it
departs from such address.
Waiting time after engagement. The term "waiting time after engagemenY' shall mean the
time a cab is not in motion at the request of the passenger or passengers after the cab has
commenced the transportation of such passenger or passengers.
Section 125
Section 376.11 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 376.11. Regulations.
(a) Trip sheets. Each and every driver of a taxicab or livery car shall keep a trip sheet upon
which shall be noted the starting point and termination of each trip of such vehicle, the
amount of the fare chazged, whether upon the meter or hour basis, and the driver's name
and number, which sheet shall be retained by the drivex of the vehicle if he or she is the
owner thereof, and if he or she is not the owner, then the driver shall deliver such sheet to
the cab-owner, and in either case, such trip sheets shall be retained for a period of sixty
(60) days; provided, that if such licensee is a member of a group operating as an
association under the same name and colors, such trip sheet shall be filed with the
manager thereof at the office of such association. Such sheets shall be open to the
inspection of the chief of police or his or her representatives at all times and failure to
make and keep such trip sheets shall constitute a violarion of this chapter and, in addition
thereto, shall be cause for the revocation of the vehicle license.
***
(v) Number to call. The license inspector shall provide a card to be conspicuously placed in
every licensed taxicab that shall be plainly visible to passengers that identifies the
number of the vublic information and complaints office
and solicits the opinions of the public in regard to taxi service in
the City of Saint Paul.
Section 126
Section 376.13 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 376.13. License--Transfers.
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(a)
�)
shall be made at least thiriy (30) days prior to the meeting at which the request for
transfer approval will be considered by the council.
Section 127
Section 37615 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 376.15. Fares and charges; regulations.
(a) Fares. No person, firm or corporation owning, operating or controlling any motor vehicle
operated and licensed as a taxicab shall charge any other rate except as herein provided:
(1) The maximum rate of faze for taxicabs operating within the city shall be two
dollars and fifty cents ($2.50) for the first fraction of a mile of one-fifth (1/5) of a
mile or fracrion of greater proportion. The rate for each additional mile beyond
the first mile shall not exceed one dollaz ninety cents ($1.90). All fares beyond
the first fracrion shall be calculated in thiriy-eight cent ($0.38) increments of one-
fifth (1/5) of a mile, or a fraction of greater proportion. Each taxicab company's
minimum and per-mile rates shall be registered with the Denartment of Safetv
and Insnections �-�'. Minimum and per mile rates may be changed following a
sevenTy-two-hour notice to the Department of Safety and Insnections �I£3' and
approvai of said rate change. Rates must be posted on the outside right and left
rear doors of the taxicab and inside the passenger comparhnent in the following
manner and of sufficient size and shape so as to be clearly legible:
Section 128
Section 376.16 of the Saint Paul Legislative Code is hereby amended to read as follows:
License not transferable. Notwithstanding the provisions of any other ordinance to the
contrary, a public vehicle license shall not be transferable from person to person on and
after January 1, 1993.
Transfer ofstock in corporate licensees; changes in officers.
(1) The transfer of stock in any corporate license shall be deemed a transfer within
the meaning of this secrion and no such transfer of stock shall be made without
the consent of the city council. Any such transfer or sale without the consent of
the city council shall be deemed sufficient cause for revocation by the council of
any license granted to the corporarion under the authority of this chapter.
Applicarion for consent to the transfer or sale of shares pursuant to this section
shall be made by the transferee upon forms provided by the Department of Safen
(2) It is hereby made the duty of the officers of any corporation holding a license
issued under the authority of this chapter to notify the city council whenever any
change is made in the officers of said corporation. Failure to so notify the council
shall be sufficient cause for revocation of any license granted to the corporation
under this chapter.
(3) Norivithstanding the provisions of this section, publicly owned corporations
whose stock is traded on the open market may comply with the requirements
pertaining to stock ownership, stock transfer and change in corporate officers by
furnishing the council with the names and addresses of all stockl�olders of record
and corporate officers upon each renewal of the license.
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Sec. 376.16. Taxicab driver's license.
(a) License required. Effecrive March 15, 1991, no person shall drive a taYicab, nor shall any
owner or lessee of a ta�cicab allow any other person to drive a taxicab, within the City of
Saint Paul unless that person has first obtained and displayed a taacicab driver's license
under the provisions of this Code.
(b) Drivers from other cities. Any driver licensed to operate a taxicab in another city may
carry passengers from that city to any place within the City of Saint Paul and may freely
enter and travel upon the streets for that purpose. In that case, it shall not be deemed
necessary for the taxicab driver to obtain a Saint Paul license, but the driver shall not be
permitted to accept or offer any passenger for hire in the City of Saint Paul, or otherwise
operate a taxicab within the city without first obtaining a license under the provisions of
this Code. While within the city, the taxicab driver shall be required to observe all of the
applicable regulations and conditions of this section and shall have in possession and
display to any person upon demand the license certificate for the taxicab.
(c) License application. Every applicant for a taxicab driver's license shall file an application
with the Deparhnent of Safetv and Inspections �ieieo�c�ivisian. The application shall be
made on a form provided by said division, containing such information as the license
inspector may require, including, but not limited to, a complete employment history, to
verify that the terms and conditions of this chapter have been met. The application shall
be signed and sworn to by the applicant. Prior to the issuance of the license, every
licensee shall be photographed. The chief of police or his representative shall investigate
each applicant and shall forwazd the results of the application to the license inspector.
Any false statement on the application shall be grounds far denial, refusal to renew or
revocation of a license.
(d)
(e)
License fee. The fee required for a license shall be established by ordinance as specified
in section 310.09(b) of the Legislative Code.
Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows:
(1)
Possess a valid Minnesota or Wisconsin driver's license;
**+
(5)
Shall have a driving record meeting the following standards:
a. No convictions in the last ten (10) years for any of the following offenses
involving injury ar death; no conviction in the last three (3) yeazs for any
of the following offenses not involving injury or death:
r**
£ Upon submission of proof of suitability and evidence of insurability, the
license inspector may waive one (1) or more of the requirements listed
above; provided, that any such waiver shall indicate the grounds for the
inspector's decision and shall be approved by the director of the
Department of Safetv and Inspections ,
a**
(i)
Renewals. A taxicab driver's license shall be issued annually. The license inspector may
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�� ���
cause the renewal of a taxicab driver's license from year to year by appropriate
endorsement upon the application for renewal and payment of an annual fee as set forth
in Saint Paul Legislarive Code secrion 310.18. The driver shall make such renewal
appiication upon a form to be fiunished by the Department of Safetv and Inspections
�icense The renewal form shall be filled out with the full name and address of
the applicant, together with the date and number of the original license. If a driver has not
been licensed in the previous license year, he or she shall be considered a new applicant.
(j) Suspension, revocation and nonrenewal. A taxicab driver's license may be revoked,
suspended or not renewed by the license inspector at any time for cause pursuant to the
provisions of this chapter and Chapter 310 of the I,egislarive Code. When a taxicab
driver's license has been revoked or suspended, it shall vnmediately be retumed to the
Department of Safetv and Insnections �oa. If the city council stipulates that a
licensee whose taxicab driver's license has been revoked may reapply after a specific
period of time has elapsed, that period of time shall not commence until the taxicab
driver's license has been returned to the Department of Safety and Inspections �ieeuse
rticision.
(k)
(1)
Revocation ofMinnesota driver's license; Zimited licenses; impaired driving conviction.
(1) Any person holding a taxicab driver's license whose Minnesota or Wisconsin
driver's license is suspended, canceled or revoked for any reason shall
immediately surrender his or her taxicab driver's license to the Department of
Safetv and Insnections �icenst The taxicab driver's license shall be
retumed to the licensee upon reinstatement of the Minnesota ar Wisconsin
driver's license or issuance of a limited license authorizing operation of a taxicab;
provided, however, that suspension, cancellation or revocation of a Minnesota or
Wisconsin driver's license due to refusal to submit to a legally required blood
alcohol test under the state implied consent statute shall be grounds for the
revocation, nonissuance or nonrenewal of the taxicab driver's license.
(2) Any licensed taxicab driver whose Minnesota or Wisconsin driver's license has
been revoked and who has been issued a limited license authorizing the operation
of a taxicab shall immediately notify the Depariment of Safety and Insnections
�ieense-divisioirof the same. At that time, the licensee shall furnish to the license
inspector a copy of the limited license and a written statement containing a
schedule of the days and hours of each day during which he or she will be driving
a taYicab during the term of the limited license. No deviation from the schedule
shall be permitted. In addition, the licensee shall personally furnish to the license
inspector copies of all trip sheets for all shifts woxked during the term of the
limited license.
(3) Any person holding a taxicab driver's license shall notify the Deoartment of
Safetv and Insvections ,
�'rateetian-(�P`}immediately whenever he or she is convicted of an impaired
driving offense.
(4)
(5)
Refixsal to take and/or failure to pass a chemical test administered pursuant to
169A.51 while on duty shall be grounds for revocation of a tasicab driver's
license.
Failure to comply with the provisions of this section shall be grounds for
revocation of a taxicab driver's license.
Notification of change of address. Any person holding a taxicab driver's license, shall
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notify the departmeirt Deparhnent of Safety and Inspections '
ediately whenever he or she has a change of address.
Section 129
Section 376.17 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 376.17. Tasicab driver training course.
(a) Taxicab driver training course required. The license inspector shall establish a taYicab
driver training course pursuant to the terms of this section. The course shall be designed
to enhance the proficiency of drivers in all aspects of taxicab driving, and may include
topics such as geography of the metropolitan azea, traffic laws, vehicle safety, taxicab
licensing laws and driver code of conduct, radio communications, cab stand and call
procedwes, taxicab fazes, vehicle cleanliness and maintenance, customer relations, and
courtesy.
+**
(d) Provisional operator status. An applicant who has met all of the requirements for an
original license except for the successful completion of taxicab driver training may
obtain a provisional license authorizing the applicant to operate as a provisional operator
for up to ninety (90) days. After ninety (90) days, the provisional operator license shall
expire. The provisional operntor must enroll in and successfully complete the driver
training class within the ninety (90) days to obtain full licensure. Upon proof of
successful completion of the training class, the applicant for a full license shall receive a
license valid through the remainder of the one-year licensing period. Provisional operator
status may be revoked for failure to enroll in the ffrst available opening in the training
class, or failure to successfully complete the class. The applicant shall be entitled to
written notice of the intent to revoke provisional operator status, sent to the applicant's
last known address and published once on the notice and communications agenda of the
city council. The notice shall advise the applicant of the right to request a public hearing
before the council to determine whether revocation is appropriate. If a provisional
operator fails to respond to the notice or to request a hearing, the Department of Safety
and Inspections offiee may administratively revoke the license. For any other
basis proposed for adverse action, an applicant shall be entitled to the heazing procedures
of section 310.05. An applicant whose provisional operator status has expired or has been
revoked may reapply no sooner than six (6) months after the date of expiration or
revocation.
Section 130
Section 377.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 377.05. �ivision of Safetv and Inspections.
The director of the Department of Safety and Insnecrions
or his/her designee is directed to monitor the health and safety effects
of the chemical.
Section 131
Section 378.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 378.04. Application, procedures, etc.
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(a) Application. Any person desiring a bed and breakfast license shali file with the inspector
a written applicarion for such a license, giving in the applicarion, in addirion to other
required information, the full name and place of residence of the applicant, the exact
location of the dwelling unit which constitutes the bed and breakfast residence, the
dwelling within which it is located, the rooms within it which will be used as guest
rooms, and the number of occupants each room can accommodate.
(b) Inspection and reports. The inspector shall refer a copy of the applicarion to the d'uector
of the Department of Safetv and Inspections � , and the director of
the department of police , and require from said directors,
respectively, a report as to whether or not the proposed place of business named in said
applicarion, together with the appliances and equipment used or to be used therein in the
conduct of said business, are safe and sanitary and in all manner comply with the
requirements listed in section 378.05 and whether or not the applicant has ever operated
or conducted a similaz business previously or been connected with one (1) or has been
chazged with a violation of the food ordinance, a report as to whether or not said
applicant has ever been arrested and charged with conducting a disorderly house or with
having sold intoxicating liquors illegally and a report as to whether the proposed place of
business conforms to the zoning code.
(c) Gicense cancellation. The conduct of any bed and breakfast residence in a disorderly
manner or permitting any immoral conduct or practice therein, or the violations of any of
the rules or regulations of the Department of Safety and Inspections d'rrisian-ofpttbiie
, or deparhnent of police, or any of the
provisions of this chapter, shall be sufficient cause for the refizsal of a license or the
cancellation of any license already issued to the owner thereof.
Section 132
Section 378.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 378.05. Requirements.
The following requirements shall apply to bed and breakfast residence and shall be used
in determining the suitability for a city license:
(1)
�2)
(3)
(4)
(5)
(6)
�7)
Owner occupied. To qualify for a license as a bed and breakfast residence, the
dwelling unit must be owner-occupied.
Housing code. The bed and breakfast residence must comply with the housing
code.
Fire code. The bed and breakfast residence must comply with the fire code.
Escape window. Each guest room in the bed and breakfast residence shall be
provided with an escape window as defined in the state building code.
Smoke detector. A single station hard-wired smoke detector shall be provided in
an approved location outside each sleeping area in each guest room in the bed and
breakfastresidence.
Fire extinguisher. A minimum 1 A:l OBC portable fire extinguisher shall be
provided in the kitchen of the bed and breakfast residence.
Food ordinance. The owner of the bed and breakfast residence must have a Class
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�
(9)
0 food license and comply with the food ordinance, except that where
accommodarions are provided for ten (10) or fewer persons, the owner may
request in writing to the duector of the Department of Safetv and Inspecrions
variance from a portion or portions of the food
ordinance for facilities to serve food to the bed and breakfast residence guests
only. The Deuartment of Safetv and Insoections d'nris�nay grant such
a variance and shall keep on file a record of the requirements which have been
waived as well as any conditions which have been nnposed.
State requirements. The bed and breakfast residence shall comply with applicable
state statutes and rules and regularions.
Zoning code. The bed and breakfast residence shall conform to the zoning code.
Section 133
Section 380.03 of the Saint Paul I,egslative Code is hereby amended to read as follows:
Sec. 380.03. Definitions.
The following defmitions shall apply in the interpretation and enforcement of this
chapter:
(a) Change of ownership means a licensed business is sold or transferred to another
person, business or corporation. A change of ownership, as it relates to an
environmental plan review, does not include the changing or adding of officers to
an existing partnership or corporation or change of a mailing address.
{b) Director means the director of the
Department of Safetv and Inspections ' ,'
or his/her designated agent.
(c) Remodel means any reconstruction, alteration or repair that requires structural,
plumbing, mechanical and/ar electrical permits; changing the location of walls;
expanding the area of the facility; substantially changing or expanding the
character of the business. Remodel does not include replacing a piece of
equipment with a like piece of equipment; replacing wall, floor or ceiling
finishes; repositioning equipment; providing new equipment that does not
significantly alter the character of the business. The director shall have discretion
in determining when this section applies.
(d) Tanning eguipment means ultraviolet or other lamps and equipment containing
lamps intended to induce skin tanning tluough the irradiation of any part of the
living human body with ultraviolet radiation.
(e) Tanning facility means a location, place, azea, struchxre or business or part thereof
which provides consumers access to tanning equipment. Tanning facility
includes, but is not limited to, tanning salons, health clubs, apartments or
condominiums, regardless of whether a fee is charged for access to the tanning
equipment.
(� Ultraviolet radiation means electromagnetic radiation with wavelengths in air
between two hundred (200) nanometers and four hundred (400) nanometers.
Section 134
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Section 380.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 380.05. Application.
Application. Every applicant for a tanning facility license shall file an application with
the Department of Safetv and Inspecrions
�'nmction-(�Pj. The application shall be on a form prescribed by the Department of Safetv
and Inspections �EP containing such information as the director of such Department office may
require including, but not limited to, the applicanPs name, address and telephone number, the
name, address and telephone number of the tanning facility, the type and yeaz of manufacture of
equipment proposed to be used for such tanning services and the primary function of the
business in which the tanning facility is located. If the owner or operator owns or operates more
than one (1) such tanning facility, the owner or operator shall file a separate application and
submit a license fee for each facility owned or operated.
Section 135
Section 380.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 380.06. Facility requirements.
(a) The tanning facility shall be maintained in a clean and sanitary manner and each tanning
bed shall be cleaned and sanitized after each consumer use with a sanitizer of a type and
strength approved by city health authorities.
(b) All restrooms and bathrooms used in connection with the tanning facility shall be
constructed of materials which are impervious to moisture, bacteria, mold or fungus
growth. The floor-to-wall joints shall be constructed to provide a sanitary cove with a
minimum radius of one (1) inch.
(c) All restrooms used in connection with the tanning facility shall be provided with
mechanical ventilation with two (2) cubic feet per minute per square foot of floor azea, a
minimum of fifteen (15) footcandles of illumination, a handwashing sink equipped with
hot and cold running water under pressure, sanitary towels and a soap dispenser.
(d) Floors, walls and equipment throughout the tanning facility must be kept in good repair
and sanitary at all times. Linens and other materials shall be stored at least six (6) inches
off the floor. Sanitary towels, wash cloths, cleaning agents and toilet tissue must be made
available for each customer.
(e) The tanning facility owner or operator shall require and provide protective goggles to
each consumer for use with the tanning equipment. The protective goggles must meet the
requirements referenced in Minnesota Statutes, Chapter 461. The tanning facility owner
or operator shall ensure that such protective goggles are properly sanitized before each
use, unless the goggles are owned by the consumer, and shall not rely upon exposure to
the ultraviolet radiation produced by the tanning equipment to provide the sanitizing. The
sanitizing procedures shall be approved by the director of the Devarhnent of Safety and
Inspections or his or her agent.
Section 136
Section 380.07 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 380.07. Rules and regularions.
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Rules and regulations. The director of the Department of Safetv and Inspections
ay upon notice and hearing promulgate such rules as he or she deems
necessary to carry out the provisions and purposes of this chapter, to protect the public health, to
provide for safe and sanitary operation of tanning facilities, to provide for the safeTy of tanning
equipment, and for the proper training of persons employed in the operation of tanning facilities.
Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and
notice of the hearing date published once in the legal newspaper. The norice shall advise that at
the hearing written or oral comments on proposed rules will be received, and how a copy of the
proposed rules can be obtained.
Section 137
Section 380.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
S ec. 380.08. Insp ection.
Inspection and change of ownership review required. The director shall inspect each
tanning facility prior to issuing a license for a new establishment or change of ownership to
determine compliance with the requirements of this chapter. A license shall not be issued until
the corrections required by the director, as a result of the environmental plan review or change of
ownership review inspection have been made, to the satisfaction of the Department offtee.
Section 138
Section 381.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 381A2. Procedures; hearing; fee.
(a) Procedures. Upon receipt of a completed application from the commissioner of
commerce for a new license, the matter shall be referred to the Department of Safetv and
Insoections , for
investigation of the application. Published notice shall be given of the receipt of the
application, and notice shall also be given to the affected neighborhood groups, giving
them fifteen (15) days to respond with any objections to issuance of the license. If no
objections are received to the issuance of the license, the DeUartment of Safetv and
Inspections �,�£P shall recommend issuance of the license to the commissioner of
commerce. In the event objections are raised to the issuance of the license, the applicant
is entitled to a hearing as set forth below.
(b) Hearing. The hearing shall be held before an independent hearing examiner in
conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code,
and the rules of the office of administrative hearings, to the extent such rules are not in
conflict with sections 310.05 and 310.06.
(c) Renewal applications. The director of the Department of Safetv and Insvections �EP
shall in writing notify the council, and the affected neighborhood organization(s)
established for citizen participation purposes, within five (5) days of receipt of a renewal
application, and shall publish notice of intention to consider the possible renewal
application. If an application for renewal of a currency exchange license is received and
no grounds for objection have been raised within fifteen (15) days of such notice, the
Department of Safetv and Inspections �P shall recommend issuance of the license to
the commissioner of commerce. If objections have been raised to the issuance of a
renewal license, the matter shall be scheduled for a hearing before an administrative law
judge, and the hearing requirements of Saint Paul I,egislative Code section 310.05 shall
apply.
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(d) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the
applicarion by the ciTy, a fee covering the costs of administering and processing the
application in an amount to be established in conformity with the procedures in section
310.09(b) of the I,egislative Code. The applicant shall also reimburse the city, within
fifteen (15) days following action by the city council on the application, for its costs in
conducting the hearing or hearings prescribed by state law, including publication costs
and the cost of the administrarive proceedings and hearing before an independent hearing
examiner.
Section 139
Section 382.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 382.04. Application.
Application. Every applicant for a dog and cat grooming license shall file an applicarion
with the Deparhnent of Safetv and Inspecrions ,
gratee�'j. The application shall be on a form prescribed by the Deuarhnent of Safetv
and Insnections �P containing such information as the director of such Department affee
may require including, but not limited to, the applicant's name, address and telephone number,
the name, address and telephone number of the dog grooming and cat grooming facility.
Section 140
Section 382.05 of the Saint Paul L,egislative code is hereby amended to read as follows:
Sec. 382.05. Rules.
The director of the Departrnent of Safety and Inspections ay
upon notice and heazing promulgate such rules as he or she deems necessary to carry out the
provisions and purposes of this chapter, to protect the public health and to provide for the proper
caze of animals and to provide for cleanliness and proper sanitation of such facilities. Notice of
the promulgation of such rules and the hearing date shall be given to all licensees, and notice of
the hearing date shall be published once in the legal newspaper. The notice shall advise that at
the hearing written or oral comments on the proposed rules will be received, and how a copy of
the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in
the office of the city clerk. Violations of such rules shall be sufficient grounds for adverse action
against licenses issued under this chapter.
Section 141
Section 383.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 383.04. Application for license.
An application for a license under this chapter shall be made upon forms provided by the
Deparirnent of Safety and Inspections ,'
protection, and shall contain such information as the Deparhnent a£free may require, including
the following:
(1)
�2)
The name, date of birth, and street address of the place where the applicant
resides, and if the applicant is a partnership, corporation or other entity, the names
and addresses of its officers and shareholders.
Whether the appticant has been convicted of any crime or ordinance violation
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(3)
(4)
within the past seven years preceding the date of the application or is currently on
probation for any crnne the convicrion date of wluch is older than seven years,
including the specific charge, date of convicrion, place of conviction and the
sentenceimposed.
The street address and telephone number of the place where the applicant
proposes to operate the licensed business.
The location of any private property locations where the vehicle immobilizarion
service will be conducted and the names and contact informarion of all persons
authorized to order vehicle immobilization at each such location.
Section 142
Section 383.05 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 383.05. Rules of operation.
In addition to any other applicable regulations contained in this chapter or code all
licensees under this chapter shall operate in strict accordance with the following:
(1) Prior to installing a locking wheel boot on any motor vehicle at the request of
someone other than the vehicle's owner, the licensee shall determine that the
parking lot has warning signs advising that failure to pay the required parking fee
may result in immobilization.
(2) Vehicle immobilization service licensees shall use a printed arder form which
includes the name, address and telephone number of the licensee's business, as
well as space to enter the name of the person authorizing the service, the rime the
service was performed, the name of the person installing the locking wheel boot,
the location where the service is being provided and a descriprion of the vehicle to
be immobilized. Every form shall be completed in a legible manner and signed by
the person who authorized the service. The person authorizing the service shall be
present when the locking wheel boot is attached to the vehicle and must be the
owner of the property, the licensee of the parking lot or a duly authorized
employee or agent of the owner or parking lot licensee. The vehicle
immobilization service licensee shall have this authorized order form signed, fully
completed and in possession before installing the locking wheel boot. The amount
chazged for the service, including any parking fees due, shall be included on this
arder form and a copy of the form shall be given to the person reclaiming the
vehicle. The original completed order forms must be maintained at the licensee's
place of business for a period of at least two (2) years and shall be made available
for review upon request of the director of the Departxnent of Safetv and
Insuections , or his/her
designated representarive.
(3) A licensee under this chapter shall maintain a chronological log or record of all
vehicles that have been immobilized. The log shall indicate a description of the
vehicle, location that the service was performed, time or service, and time of
vehicle release. This log shall be made available for renew upon request of the
director of the Deparhnent of Safetv and Insnections oFC�ecaf
or his/her designated representative.
(4) Whenever a locking wheel boot is installed on a vehicle, a blaze arange waruing
decal at least forty-seven (47) inches square in size shall be prominently placed in
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the center of the driver's side window or on the front windshield directly in front
of the steering wheel. The decal must clearly and legibly state that a locking
device has been installed on the front left wheel of the vehicle and that attempting
to move the vehicle will cause serious damage to the vehicle. The decal shall
display the telephone number and the address of the licensee. Upon payment of
the service fee, the licensee shall offer to remove the decal and shall have in
possession the appropriate materials to remove the decal and residue.
(5) Vehicle immobilization service licensees shall maintain twenty-four (24) hour
telephones and wheel locking removal services, and shall respond to a request to
remove a wheel locking device within sixty (60) minutes. If a licensee does not
appeaz to remove the wheel locking device within sixty (60) minutes of a
customer request, the locking device shall be removed at no charge except that the
customer shall still be required to pay the puking fees due.
(6) Vehicle unmobilization service licensees shall not install a wheel locking boot on
any mazked emergency vehicle or any United States military vehicle without a
city parking enforcement officer being present.
(7) In the event a vehicle is not claimed within twenty-four (24) hours, the licensee
shall notify the city police department of the license number and description of
the vehicle. If the vehicle was reported as stolen, the licensee shall, at the
direction of a police office, remove the vehicle immobilization device without a
charge.
(8) The vehicle immobilizarion service may not attempt to collect service or parking
fees after the vehicle has been impounded by a licensed tow truck.
Section 143
Section 383.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec.383.06.Insurance required.
Each applicant for a vehicle immobilization service license under this chapter shall at all
times keep in full force and effect a public liability insurance policy written by an insurance
company authorized to do business in Minnesota in the amount of one hundred thousand dollars
($100,000.00) forinjury or death to one (1) person,three hundred thousand dollars
($300,000.00) for each injury or death from each occurrence, and twenty-five thousand dollars
($25,000.00) for property damage. Proof of the required insurance policy must be submitted to
the Denariment of Safetv and Inspections ,'
prate�ioa•
Section 144
Section 391.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 391.03. Applications.
(a) General provisions. An applicant desiring a permit under the provisions of this chapter
shall make its verified application in writing to the license inspector upon a form
furnished by the inspector at least seven (7) days in advance of the date for beginning the
proposed solicitarion and Yhe application shall be executed by two (2) duly appointed
officers of such organization conducting the campaign. The application shall be on file in
the Department of Safetv and Insuections and any
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information contained in the application shall be public to the extent provided for by the
Minnesota Government Data Practices Act.
Section 145
Section 402.13 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 402.13. Owned/leased premises.
A licensed organizafion conducting lawful gambling shall do so only on premises either
owned by it or pursuant to a written lease agreement with the owner of the property. All leases
shall comply with the provisions of Minn. Stat. Chapter 349 and the mles promulgaged by the
State of Minnesota Gambling Control Boazd. A copy of the lease agreement shall be filed with
the Deparhnent of Safetv and Inspecrions ,
�roteetian.
Section 146
Section 403.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 403.04. Licensing requirements.
(a) Application. The application shall contain, in addition to other information required by
the inspector, the name and address of the owner, the names and addresses of all
shazeholders and officers if the owner is a corporation or other association, the names of
all tenants of the building, and which tenants will be conducting the game of bingo on the
premises.
(b) Inspection, etc. The building shall be inspected prior to issuance of the license by the
appropriate officials from the Depariment of Safetv and Inspections $epartirnnt8ffire
. No building shall be licensed unless it complies with the
requirements of the zoning, fire, building, health and sanitation codes of the City of Saint
Paul and State of Minnesota.
Section 147
Section 405.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 405.03. Licensing requirements.
(a) AppZication. In addition to other required information, the applicant shall submit in the
application the street number of the building and the floor area wherein it is proposed to
conduct said dance or rental hall; the occupation of the applicant for the year next
preceding the making of his application; whether or not the applicant has previously
conducted a dance or rental hall, and, if so, when and where; whether or not the applicant
has ever been convicted of violation of Chapter 570, Laws of 1913, relating to public
dance halls, and if convicted, when and where; whether said dance hall or the stairs or
passageway leading thereto adjoins any place having so-called "private apartments" or
"private rooms" furnished for other than legitimate purposes, and whether said dance hall
has direct communication with any room in which intoxicating liquors aze sold or given
away.
(b) Investigation ofpremises. The proposed licensed premises shall be invesrigated by the
director of the Department of Safetv and Insvecrions ,
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o determine whether the premises complies with all the
requirements and other regularions of the building code.
Section 148
Section 407.Q4 of the Saint Pau1 L,egislative code is hereby amended to read as follows:
Sec. 407.04. Licensing requirements.
(a) Application. In addirion to all other required information, the application shall set forth
the name, the place of residence of the applicant, the exact location at which the applicant
proposes to cazry on said business, and shall further state whether or not he is then or has
previously been engaged in such business. Said application shall be signed by the
applicant in person.
(b) Hearing; renewal. Every person, firm or corporation conducting or operating a hotel
shall make applicarion for renewal of license at least thirty (30) days before expiration
thereof.
(c) Inspection, reports, etc. The inspector shall refer a copy of the application to the director
of the Department of Safetv and Insnections ' , and the director of
the department of police
and require from said directors, respectively, a report as to whether ar not the proposed
place of business named in said application, together with the appliances and equipment
used or to be used therein in the conduct of said business, are sanitary and in all manner
comply with the rules of the Deparhnent of Safety and Inspections divisie�rofpab}ic
i�ea�Hras to sanitary conditions and surroundings; a report as to the character of the
applicant, and as to whether or not the person applying for such license has ever operated
or conducted a similar business previously, or been connected with one, and as to
whether or not said applicant has ever been arrested and charged with conducting a
disorderly house or with having sold intoxicating liquors illegally; and a report as to
whether or not the premises in which it is proposed to conduct said business are safe and
provided with all the necessary means for the prevention of fire and for the safety of
persons who may be in said premises by reason of the conduct of said business.
Section 149
Section 407.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 407.08. License cancellation.
The conduct of any hotel in a disorderly manner or permitting any immoral conduct or
practice therein, ar the violation of any of the rules or regulations of the Department of Safetv
and Insnections ' or deparhnent of
police, or any of the provisions of this chapter, shall be sufficient cause for the refusal of a
license or the cancellation of any license already issued to the keeper or owner thereof.
Section 150
Section 408.04 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 408.04. License requirements.
(a) Application. An applicant for an initial license under this chapter shall submit to the
Department of Safetv and Inspections ,
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�'rotectiasa written application signed by himself or herself if an individual, by all
partners if a partnership, or by the president or chief execurive officer if a corporarion.
The application shall be signed under oath and shall contain the following information:
(1)
�2)
Name, residence and telephone number of every person having an interest in the
business in excess of ten (10) percent ownership.
The trade name and address of the business on behalf of which the application is
made and its telephone number.
(3) Exact address and property description of the premises in Saint Paul where any
part of the business is to be carried on, together with a diagram of the premises
showing, with exactness, the locarion of the abutting roads, properties, buildings
and uses, and the location, materials and design of all buildings to be used in the
licensed business,including structures required hereunder.
(4)
�)
Such other information as the inspector may reasonably require to assist the
council.
receipt of an initial
' shall complete due
and will report to the council ithin forty-five (45)
days.
Section 151
Section 409.04 of the Saint Paul Legislative Code shall be amended to read as follows:
Sec. 409.04. License required; catering approval.
(a) No person shall sell intoxicating liquor for consumption at any time or place in Saint Paul
without a license.
(b) No person holding a catering permit issued by the State of Minnesota who does not have
an appropriate on-sale liquor license issued by the City of Saint Paul shall sell
intoxicating liquor at any time or place in Saint Paul without first obtaining the required
temporary liquor license as prescribed in this chapter. In addition, the holder of a state
catering permit who wishes to obtain a temporary liquor license in the City of Saint Paul
shall provide the following additional information before the license can be approved by
the Denartment of Safetv and Inspections ,
(1)
�2)
(3)
(4)
(5)
The exact location of the event necessitating the temporary license;
A diagram showing the liquor service area;
The hours of sale and/or service of intoxicaring liquor;
The nature of the event or occasion and whether it is public or private; and
The approximate number of participants.
The applicant shall also provide adequate security for the event or occasion, which shall be
described in the application. All requirements of law or ordinance relating to the sale and/or
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service of intoxicating liquor shall apply to distribution made pursuant to a catering permit and
ciry temporary license including, but not limited to, insurance coverages.
(c) Any person holding the appropriate Saint Paul on-sale liquor and catering license shall be
permitted to sell liquor at remote locations if they first obtain an annual special event
license as prescribed in secrion 331.04 of this Code.
(d) Private events. Any person holding a restaurant license under Legislative Code Secrion
331A.04(d) (19) (20) (21), (22) or (23), as amended from time to rime, that does not also
hold a license to sell liquor may request permission from the Department of Safety and
Inspecrions @fficcof�P-to hire a liquor caterer for a"private event" at which a liquor
caterer licensed to provide alcohol in the CiTy of St. Paul may sell or serve liquor at the
non-liquor licensed location. Non-liquor licensed locarions shall hold private events at
which liquor is sold, consumed, or served only under the following conditions:
(1)
�Z)
(3)
The private event can be for no more than one day.
The private event shall not be open to the public.
There shall be no more than three (3) private evenls in twelve (12) months.
(4) The DeUartment of Safetv and Inspections aff:ee-af�I£�P be notified in
writing fifteen (15) days prior to the private event. The notification must contain a
diagram showing the liquor service area, the hours of service of intoxicaring
liquor, the nature of the event or occasion and the approximate number of
participants. The fee for such license shall be as set forth in Saint Paul Legislative
Code § 310.18
(5) The restaurant may hold the event only if it receives written permission from the
Department of Safetv and Inspections offree-af�IEP to hold the event. The
written perxnission may contain reasonable conditions that must be followed
during the event. The Denartment of Safety and Inspections =� r-a- can
refuse to give a restaurant permission to host a private event if:
a.
b.
c.
The restaurant has had prior adverse actions arising out of a private event;
The restaurant has previously failed to obtain permission to host a private
event; or
The restaurant has had other violations which relate to the licensed
establishment.
(6) Adverse action can be taken against the restaurant license(s) far any violations of
state or local law that stem from the private event, or for failure to obtain
permission to host a private event.
Section 152
Section 409.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.05. On- and off-sale licenses; term; fees.
(a) Term. All licenses for the sale of intoxicaring liquor shall be for a term of one (1) year
from the date of issuance or renewal, except as provided herein. The date shall be
determined by the inspector and entered upon the license. In 1990 and 1991, the inspector
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is hereby authorized and empowered to stagger such license renewal dates
administrarively, employing a system for random extension of individual licenses on a
one-time only basis so that the work load of the license and permit administrarion on
such licenses is spread more or less equally over a twelve-month period.
(b) License fees, on-sale; semiannual installments. The fees required for licenses shall be
established by ordinance as specified in section 310.09(b) of the Legislative Code. Said
sum shall be paid in two (2) equal amounts, the first to be paid before the license is
issued or renewed, the second payment to be made within six (6) months from the date of
issuance or renewal.
(c) On-sale license; replacement after revocation. If, for any reason, the on-sale license in
this chapter provided for is revoked by the council of the City of Saint Paul, no
replacement license shall be issued unril the full license fee for the new license due for
the remainder of the license yeaz is first paid; provided, however, that in no event shall a
licensee pay less than the applicable annual license fee together with the applicable
issuance taac for a license, or combination of licenses, during a license year.
(d) Increase in on-sale Zicense fee; notice to licensees. The license inspector is hereby
directed to notify in writing via U.S. mail all on-sale licensees of the public heazing date
for council consideration of any amendments to this section increasing the license fees.
At said public hearing, the Deuartment of Safetv and InsUections aflF�ecof�ieensc,
shall present evidence to the council showing
the relationship between the proposed fee increase and the costs borne by the city for
liquor-related regulating and policing.
(e) Late fees. Norivithstanding the provisions of section 310.09, an applicant for renewal of
an on-sale liquor license shall be charged a late fee in an amount of ten (10) percent of
the instaliment due for such license for each thirty-day period or portion thereof which
had elapsed after the expiration date of such license or semiannual period, and the late
fee shall not exceed fifty (50) percent of the annual life.
�fl
�g)
Annual license fees for clubs and private clubs. The annual license fee for a club and a
private club shall be in conformity with Minnesota Statutes, Section 340.408, subdivision
2(b).
License fee, gambling locations. The license fee for lawful gambling locarions shall be as
provided in section 310.09(b) of the Legislarive Code.
(h) Application with family members. Notwithstanding subsection (a) of this section, where
an existing on-sale intoxicating liquor license holder makes application for a new on-sale
license for the same location together with one (1) or more family members as additional
license holders, the term of the new license shall coincide with the end of the existing
license and end on the same date. No additional license fee for the new license shall be
paid for the remainder of the term of the existing license, so long as the license fees for
the existing license are fully paid. The normal license fee must be paid in any case for the
remainder of the term of the existing license. Each additional family member becoming a
license holder shall fill out an application form for purposes of the background
investigation by the license division, and provide such other information as may
reasonably be required by the license division, and shall pay a fee of with the application
in an amount as set forth in section 310.18 of the Saint Paul Legislative Code. The term
"family members," for the purpose of this subsection shall include parents, children,
grandchildren, brothers and sisters, together with the spouses of such parents, children,
grandchildren, brothers and sisters.
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(i) Fee waived for government agencies. The fee for any license under Chapter 409 shall be
waived for any Iicense to and used by a division or department of the city.
Secrion 153
Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.06. Licensing requirements.
(a) AppZication. Any person desiring a license to sell intoxicating liquor shall make his
verified application in writing upon a form approved by the liquor control commissioner
of the state and shall file the same with the inspector. Such application form shall require
that the following information be set forth upon the applicarion, and such further
information as may be required:
***
(b) Investigation, issuance; etc. The license inspector shall register the application in books
kept for that purpose, one (1) for on-sale licenses and one (1) for off-sale licenses. He or
she shall notify immediately the ' , the chief of
police and the chief of the department of fire and safety services of the fact that such
application is filed. It is hereby made the duty of the license inspector, afc��said-direetar,
the chief of police and the fire chief to inspect and examine or have inspected and
examined the premises described in the application and inquire into the character of tl�e
applicant and make report to the inspector of their opinion, whether the applicant is a
proper person to receive such a license and wbether the premises are suitable for such a
business. Upon receipt of the reports, the inspector shall examine them and transmit them
to the city council, together with his or her recommendations respecting the applicant or
the place of business. Upon receipt of such reports and recommendations, the council
shall consider the same and shall, by resolution, grant or deny the application.
***
(d) Public hearing; notices. No new license for either on-sale or off-sale shall be issued
withont a public hearing on the application. The notification requirements applicable to
license transfers or change in licensed areas in section 40911 shall be applicable in the
issuance of such new licenses; provided, however, that such notice requirements may be
waived by the city council by motion on the affirmative vote of five (5) members upon
the following fmdings:
(1)
�Z)
That the application is in order and there exist no grounds for denial of the
license;
That the citizens' district council whose geographical azea encompasses the
proposed licensed premises consents to the waiver;
(3) That failure to grant the waiver, with the consequent delay in approving the
license, would either cause exceptional and unusual hardship to the license
applicant or would cause substantial hazdships to the community for which the
license is sought; and
(4) Agreement by the licensee that all licensed operations may be immediately
discontinued, waiving all requirements of further notice and hearing, in the event
of a duective from the Devariment of Safetv and Inspections affrce
as provided hereinbelow.
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In any case in which the forty-five-day notice period has been waived, if the Department of
Safetv and Inspections eceives a
complaint prior to the date the public hearing was originally scheduled or would have been
scheduled, the said deoartment offrcc shall immediately investigate the claim and recommend an
appropriate course of action to the ciTy council. If the complaint provides a basis for adverse
action against the license, the said department effree shall direct that the licensee immediately
discontinue all operarions, and shall reschedule the public hearing before the city council or
initiate an adverse action.
Section 154
Section 409.07 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 409.07. Hours of sale; Sunday sales, etc.
(a) Hours ofsale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor
until 8:00 a.m. on Monday. No on-sale shall be made between the hours of 1:00 a.m. and
8:00 a.m. on any weekday. Notwithstanding the foregoing, an establishment which has
received a permit from the state which authorizes sale of intoxicating liquor or 3.2
percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. may make such
sales if it has provided a copy of the permit to the director of the Department of Safety
and Inspections offree�f�£-I'. No off-sale shall be made before 8:00 a.m. or after 8:00
p.m. of any day except off-sale shall be permitted on Friday and Saturday until 10:00
p.m. No off-sale shall be made on Thanksgiving Day or Christmas Day, December 25. If
the sale of liquors is not otherwise prohibited on July 3, the date preceding Thanksgiving
Day or on December 31, off-sale may be made until 10:00 p.m.
(b) Sunday sales:
(1) Notwithstanding the provisions of paragraph (b), establishments to which on-sale
licenses have been issued or hereafter may be issued for the sale of intoxicating
liquors which are hotels or restaurants and which have facilities for serving no
fewer than fifiy (50) guests at one (1) time may serve intoxicating liquots
between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Monday in
conjunction with the serving of food, but no liquor shall be served on Sundays
other than to persons who are seated at tables; provided, that the licensed
establishment is in conformance with the Minnesota Clean Indoor Air Act.
Notwithstanding the foregoing, an establishment with has received a permit from
the state which authorizes sale of intoxicating liquor or 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. may make such sales if it
has provided a copy of the permit to the director of the Devartment of Safetv and
Insnections ��P.
(2) It is unlawful for any such establishment, directly or indirectly, to sell or serve
intoxicating liquors as provided in subparagraph (1) above without having first
obtained a special license therefor. Such special license may be issued by the
council for a period of one (1) year and for which the fee shall be two hundred
dollars ($200.00). Application for said special license shall be made to the council
in the same manner as application for other licenses to sell intoxicating liquor aze
made.
(c) No consumption or display when prohibited. No person shall consume or display or allow
consumption or display of liquor upon the premises of an on-sale licensee at any time
when the sale of such liquor is not permitted.
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(d) Private Christmas parties. Notwithstanding any other provision of the L,egislative Code,
the license holder of premises having an on-sale license may once a year during the
Christmas season have a private party at no chazge to the guests after the lawful closing
hours; provided, that a written request for said party is submitted to the license inspector
thirry (30) days prior to the proposed date of the party; and provided further, that no sales
as defined by law of intoxicating liquors or nonintoxicating malt liquor shall be made at
or during said party. The inspector shall notify the chief of police of the date of each
proposed party.
Section I55
Section 409.07.1 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 409.07.1. Estended service license.
(a) License. Establishments located holding on-sale licenses issued under this chapter may
remain open for the sale of food afrer the hours of sale provided in section 409.07 of the
Legislative Code and until 3:00 am. if they have first obtained an extended service
license. Such license shall be a Class III license. Except as provided in subsection (d)
below, the notice, hearing and consent requirements in section 411.04(b) of the
Legislative Code shall apply to extended service licenses. Applications shall be made on
such forms as may be provided by the Deuarhnent of Safetv and Inspections offree
, . The fee for such license shall be
ordinance as provided in section 31019(b) of the Legislative Code.
Section 156
Section 409.08 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 409.08. Regulations generally.
All licensees hereunder are hereby required to observe the following regulations;
provided, however that any such regulation which specifically refers to an on-sale licensee shall
not bind an off-sale licensee, nor shall any regulation which specifically refers to an off-sale
licensee bind an pn-sale licensee:
(1) All sales shall be made in full view of the public.
***
(6) No licensee shall keep, possess or operate, ar permit the keeping, possession or
operation of, on any licensed premises or in any room adjoining the licensed
premises any slot machine, dice or any gambling device or apparatus, nor permit
any gambling therein (whether or not licensed by the state), nor permit the
licensed premises or any room in the same or in any adjoining building directly or
indirecfly under his or her control to be used as a resort for prostitutes or other
disorderly persons, except that pulltabs, tipboards, paddlewheels and raffle tickets
may be sold on licensed premises when such activity is licensed by the state
pursuant to Minnesota Statutes, Chapter 349, and conducted pursuant to
regulations contained in this Legislative Code. Notwithstanding the foregoing, a
licensee may permit, for specific functions or events, up to five (5) times per
calendar yeaz, for which written notice is given to the Department of Safetv and
Inspections atleast
forry-eight (48) hours in advance, the use of slot machines, dice and gambling
devices on the licensed premises if (a) their presence ar use on the licensed
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premises does not violate state or federal law, (b) their use is solely for social,
recreational or amusement purposes, and not for fundraising of any kind or for
any cause or purpose, and (c) no gambling other than lawful charitable gambling
takes place on the licensed premises.
Notwithstanding other provisions of this Legislative Code to the contrary, the
council may permit an on-sale licensee to permit the holding of a single event,
such as a banquet, that includes the sale of raffle rickets as a part of the event
activity; provided, that such events are separate from the public areas of the
licensed establishment, not open to the general public, and the raffle conducted by
a charitable organization licensed by the State of Minnesota.
***
(22) Notwithstanding the provisions of paragraph (18), above, an establishment which
holds an entertainment license may host up to twelve (12) live entertainment
events annually at which individuals under the age of twenty-one (21) may be
present, providing the establishment obtains a permit for such an event. A"live
entertainment event" shall mean live musical performances by individuals or
groups. The fee for such Iicense shall be as set forth in Saint Paul Legislative
Code § 310.18. No more than twelve (12) permits may be issued to any licensee
annually and no more than one (1) event may occur within three (3) weeks of
another such event. A permit issued hereunder is not effective for any premises
other than the licensed premises. Application for such permit must be made at
least two (2) weeks prior to the event. Any person obtaining an eighteen and up
permit shall be required to have in place a system of checking identification and
idenrifying with indelible marks or non-removable wristbands those patrons who
are not yet twenty-one (21). At no time during an event authorized pursuant to
this section shall patrons be served mare than one (1) alcoholic beverage per
person from the bar, and servers will be required to independently verify that
patrons have been carded for age prior to serving them alcoholic beverages.
Notwithstanding any other provision of law, the council or the Department of
Safetv and Instiections ��E may, at any time and with respect to any
establishment, deny such request for a permit or place additional conditions on
permits issue hereunder in arder to protect the public peace, welfare and safety, so
long as such conditions or prohibirions do not relate to the content of the
entertainment. Appeal of the denial of a permit under this subdivision shall be to
the city council.
Section 157
Section 409.11 of the Saint Paul I,egislative Code is hereby amended to read as follows:
5ec. 409.11. Transfer of license; change in service area.
(a) Transfer. No on-sale license granted hereunder shall be transferable from place to place
(including changes in licensed areas) without the consent of the city council, which
consent shall be evidenced by resolution passed by the city council.
(b) Service area; temporary extensions ofservice area (patio). No license granted for a
specified part of any particular premises shall permit sales of such liquor on a part of
such premises not specified in the license; or in an area adjacent to such licensed
premises; provided, however, that the license inspector or his or her designee may waive
this limitation and allow a temporary extension of the liquor service area subject to the
following criteria herein established by the city council. Failure to make a waiver and/or
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allow such a temporary extension is not adverse action and does not require notice and
hearing in the event of denial or inaction:
(1) No such extension shall be for more than a continuous twenty-four-hour period
and shall be valid only at times that liquor sales are allowed by law;
*�*
(c)
(7) The licensee shall notify, at least ten (10) days in advance of the date of the
proposed temporary extension, all owners and occupants who own property or
reside within three hundred (300) feet of the property line within which the
licensed establishment is located of the proposed temporary extension of liquor
service. Such notice shall be typewritten and include the location, date and time
of the proposed extension of liquor service. The notice shall specifically state: "If
any person has comments about tkus proposed temporary extension of liquor
service, they aze encouraged to telephone the Public Information and Complaint
Transfers of stock in corporate licensees; change in officers.
(1) The transfer of stock in any corporate license shall be deemed a transfer within
the meaning of this section, and no such transfer of stock shall be made without
the consent of the city council.
*+*
(5) An application for the transfer of such a license shall be made by the transferee
upon forms fumished by the Department of Safety and Insnections diaisi�raf
. Prior to the city council's consideration of said
application, the application shall be read by the city clerk at the next regular
meeting of the city cauncil.
(d) Hearings upon transfers or changes in service area. The council shall schedule a date for
public hearing upon said application for transfer or change in licensed azea. At least
forty-five (45) days before a public hearing on a transfer or change in licensed azea, the
department shall notify by mail all owners and occupants who own property or reside
within three hundred fifty (350) feet of the establishment to which the license is to be
transferred or area changed, and all community organizations that have previously
registered with said deparhnent to be notified of any such application, of the time, place
and the purpose of such hearing, said three hundred fifty (350) feet being calculated and
computed as the distance measwed in a straight line from the property line of the
building where intoxicating liquor is sold, consumed or kept for sale to the property line
owned, leased or under the control of the resident. Prior to the hearing date, said
department shall submit to the 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 department
shall be conclusive evidence of such notice. A transfer or change in licensed area under
this section only becomes effective upon compliance with this section and consent of the
council by resolution. The failure to give mailed notice to owners or occupants residing
within three hundred fifty (350) feet, or to community organizations, or defects in the
notice, shall not invalidate the transfer provided a bona fide attempt to comply with this
section has been made. A bona fide attempt is evidenced by a notice addressed to
"owner" and to "occupanY' 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.
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***
C7�
(h) License is a privilege. A license issued under this chapter is a privilege accorded to the
licensee to engage in all the lawful activities permitted thereunder and is neither properry
nor a property right. Such license may not be leased, assigned, pledged, mortgaged or
liened. An agreement providing for management of the licensed business or premises (or
any part thereo� shall be reduced to writing, executed by the parties thereto and filed
within ten (10) days after its execurion in the Department of Safetv and Inspections
. Failure to reduce a management agreement to writing, and failure
to file the same with the inspector as required above, shall each constitute separate
grounds for adverse action. The licensee notwithstanding a management agreement
remains fully responsible for the licensed business and/or premises, as well as the
conduct of all employees, managers and agents in accordance with secrions 310.17 and
409.14 of the Code.
Section 58
Section 409.20 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.20. Commercial development districts.
(a} Commercial development districts, as defined in section 17.071 of the City Charter, may
be created or expanded by the filing in the office of the city clerk of a written petition
therefor setting forth the boundaries of the expanded district, and containing the written
consent of the owners of two-thirds of the several descriptions of real estate situate
within the new or area of the expanded district, together with the written consent of the
owners of two-thirds of the several descriptions of real estate situated within one hundred
(100) feet of the new or expanded district, and after the affirmative vote in favor thereof
by at least five (5) members of the city council.
(b) The city council may waive the requirements for consent signatures if the city council
shall determine that a hardship exists therefor, and in such case the council may, on its
own, initiate the process of creating or expanding a commercial development dish In
such case, the affirmative vote of at least five (5) members of the city council shall be
required to create or expand any such district.
(c) In all such cases, the planning commission shall be consulted for advice concerning the
proposals for consistency with the city's comprehensive plan and zoning ordinances, and
the planning commission shall report in writing to the city council its findings and
recommendations.
(d) Upon receipt of the report of the planning commission, the council's committee
designated to hear license matters shall fix a date for public hearing to consider the
petition or proposal to create or expand a commercial development district and afford an
opportunity to all affected persons to be heard. The city clerk shall cause notice of the
hearing to be published once in the official newspaper of the city, and mailed notice
thereof sha11 be given by the Department of Safetv and Inspections ofl&ee�f�ieensc,
to all owners of land within the new or area of
the expanded district. Published notice and mailed notice shall be made at least twenly
(20) days in advance of the public hearing.
Section 159
Section 409.21 of the Saint Paul Legislative Code is hereby amended to read as follows:
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Sec. 409.21. Pull-tabs and ripboards in bars by qualified charitable nonprofit
organizations.
(a) Permission of city council; endorsement; termination:
o�-���
(1) On-sale licensees may request permission of the city council to permit qualified
charitable organizations to conduct lawful gambling in the form of paddlewheels,
pull-tabs, raffles and ripboards only on the licensed premises. Application for
permission shall be made to the license inspector and payment of the specified
fee. If the applicarion is granted, the license shall contain an endorsement
specifying this approval and the gambling endorsement may be considered for
renewal at the same time as the council may consider renewal of the on-sale
license.
(2) In the event the permission of any charitable nonprofit organization to conduct
lawful gambling on the licensed premises is terminated by the licensed
establishment on whose premises the organization was conducting said gambling,
or in the event such organization terminates its lawful gambling as a result of
coercion, pressure or unreasonable or unlawful conduct by the licensee or its
employees, the on-sale licensee shall not be able to make application for a
gambling endorsement for a new charitable nonprofit organization to take the
place of the former organization until one (1) year after discontinuance of all
gambling activity on the licensed premises by the former organization.
(b) Gambling endorsement regulations. C.ambling endorsements in on-sale licenses shall be
subject to the following regulations which shall be deemed as a part of the license, and
failure of compliance may constitute grounds for adverse action as prescribed in the
I,egislative Code:
(1) Only chazitable nonprofit organizations licensed by the State of Minnesota to
operate paddlewheels, tipboards and pull-tabs may be allowed to sell paddlewheel
tickets, pull-tabs, raffle tickets and tipboards on the licensed premises.
(2) Use of the licensed premises shall be by means of a written lease agreement
between the licensee and the charitable organization. All leases shall comply with
the provisions of Minn. Stat. Chapter 349 and the rules promulgated pursuant
thereto. The lease shall expire with the premises permit; a copy shall be filed with
the Department of Safetv and Insvections �fEP director, and also a copy must be
kept pn the premises and available for public inspection upon request. Leases
shall be governed by the following:
a.
�
In the case of pull-tab dispensing devices, the lease agreement shall
address cash shortages, game banks, machine repair, and prize
reimbursement.
Reserved.
c. The licensee may not be reimbursed by the charitable organization for any
license or permit fees, and the only compensation which the licensee may
obtain from the charitable organization are the amounts fixed in the lease
agreement.
d. All lawful gambling shall be conducted from a booth ar pulltab dispensing
device within a leased or wholly owned area with the following exception:
raffle tickets, paddlewheel tickets consisting of thirty (30) numbers or less
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e.
with no table and tipboards consisting of thirty (30) or less may be sold
within all of the public area of the permitted premise with the exception of
the bar service area. Raffle drawings, winuing ticket redemption,
paddlewheel locarion and tipboazd seal opening must be within the leased
or wholly owned azea with the exception that pulltab prize redemption
from dispensing devices may be made as set forth in subdivision (6)
below. Paddlewheel tickets, pull-tabs, raffle tickets and ripboards shall
neither be sold by employees of the licensee nor sold from the baz service
area.
The construction and maintenance of the booth used by the charitable
organization shall be the sole responsibility of the charitable organization.
The lease shall contain a provision permitting the licensee to terminate the
lease if the chazitable organization is found guilty of any violation of state
or local gambling statutes, ordinances or rules and regulations.
(3) Only one (1) charitable organization shall be permitted to conduct lawful
gambling on a permitted premises except on such premises where two (2)
organizations are conducting lawful gambling at the time this section is passed,
provided that this requirement will apply if one (1) of said organizations ceases
operations.
(4) A pull-tab dispensing device must be protected by an alarm system that is
cenually monitored and has a battery backup. Such alarm may protect just the
machine or the entire premises.
(5) If readily perishable or potentially hazardous food, as defined in section 331.07 of
the Legislative Code, is awarded as a prize in any charitable gambling, the storage
and handling of such food shall be in compliance with all applicable requirements
of Chapter 331 of the Legislative Code. The licensee shall be responsible for
notifying the Department of Safetv and Insnections �..:.�o vii�cc�-c
that food, whether readily perishable or
potentially hazardous or not, is being awarded as a prize in any charitable
gambling taking place on the licensed premises, using such form or forms as may
be prescribed by such department offree.
(6) Winning pull-tab tickets dispensed from dispensing devices may be redeemed by
bar personnel from the baz service area, provided that a separate accounting of
pull-tab proceeds and other funds of the licensed establishment is performed and
made available to enforcement personnel.
Section 160
Section 409.22 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.22. Charitable gambling regulations.
The sale of paddlewheel tickets, pull-tabs, raffle tickets and tipboards in on-sale licensed
premises shall be conducted only by qualified and state-licensed charitable organizations. In
addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, the
following regulations and qualifications must be complied with by all such charitable
organizations:
(1) Must have been in existence for thxee (3) yeazs.
123
C��-� t-E�t
6754
6755
6756
6757
6758
6759
6760
6761
6762
6763
6764
6765
6766
6767
6768
6769
6770
6771
6772
6773
6�74
6775
6776
6777
6778
6779
6780
6781
6782
6783
6784
6785
6786
6787
6788
6789
6790
6791
6792
6793
6794
6795
6796
6797
6� 98
6799
6800
6801
6802
6803
6804
6805
6806
6807
68�8
�2)
(3)
(4}
(5)
(6)
��)
�
(9)
(1�) Shall pay to the Youth Program Fund, or to one (1) or more eligible recipients on
the list established pursuant to section 409.235, following the procedures
established therein, ten (10) percent of the monthly net pro£its from each Saint
Paul site at which charitable gambling operations aze conducted from the sale of
paddlewheel tickets, pull-tabs, raffle tickets and tipboards.
(11) Shall expend, in each calendar year, at least seventy-five (75) percent or more of
its net proceeds from charitable gambling at Saint Paul locations to or for
purposes which benefit programs or activities occurring in the Saint Paul trade
area. Fifty-one (51) percent of the net proceeds from charitable gambling at 5aint
Paul locations must be expended to directly benefit Saint Paul residents who
participate in such programs ar activities. The "Saint Paul trade area" is defined as
the City of Saint Paul and each city contiguous to Saint Paul. Contributions to the
Saint Paul Youth Fund under sections 409.23 and 409.235 of this chapter shall be
presumed to benefit programs and activities which occur in the Saint Paul trade
area, and shall be presumed to directly benefit Saint Paul residents who
participate in such programs or activiries.
Section 161
Section 409.235 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.235. Contributions to eligible recipients.
(a) Advisory board. The board shall be the Youth Program Fund Advisory Boazd established
pursuant to section 409.23 above.
(b) Eligible recipients list established. There is hereby established a list of recipients eligible
for distribution of proceeds contributed by charitable gambling in on-sale liquor
establishments as specified in this chapter, and in private clubs and other places as
provided in section 40210 of these chapters. The list of eligible recipients shall be
promulgated annually by resolution by the city council upon the advice and report of the
Must file an annual financial audit with the Denarhnent of Safetv and Insoections
�P-directar.
Must file financial reports monthly with the Department of Safety and Inspecrions
��,
Must e3chibit and sell paddlewheel tickets, pull-tabs, raffle tickets and tipboazds in
a method as required by the Department of Safetv and Inspecrions �c+*.
Shall not commingle game cards.
Shall pay employees in compliance with applicable state and federal law, and any
applicable rules and regulations promulgated thereunder.
Shall comply with all provisions of Minnesota Statutes, Chapter 349, and all
orders issued by the state boazd pursuant to secrion 349.172 hereof.
Shall register with the state gambling boazd all equipment and supplies used in a
licensed on-sale liquor establishment.
Shall post in a conspicuous place rules and regulations concerning charitable
gambling as required by the Depariment of Safety and Inspections ��.
124
� \ �t
6809
6810
6811
6812
6813
6814
6815
6816
6817
6818
6819
6820
6821
6822
6823
6824
6825
6826
6827
6828
6829
6830
6831
6832
6833
6834
6835
6836
6837
6838
6839
6840
6841
6842
6843
6844
6845
6846
6847
6848
6849
6850
6851
6852
6853
�
6855
board. Such list may be amended from time to rime by the city council to add or delete
recipients. Such list shall be maintained for public inspecrion in the office of the cily
clerk, and shall be mailed quarterly to all organizarions conducting charitable gambling
within the City of Saint Paul by the Department of Safety and Insnections 6f&ccof
**a
(h) Contribution ofchecks through the Zicense division. Notwithstauding any other provision
of law to the contrary, an organization conducting charitable gambling shall make its
contriburion to an eligible recipient on the list by sending its check for the amount to the
license inspector. The license inspector shall verify that the intended eligible recipient
has complied with all requirements of this chapter and that the proposed contribution will
not exceed the allowable lunits, nor be in excess of eight thousand dollars ($8,000.00) for
that calendar yeaz (as modified by the provisions of subparagraph (e)(5) of section
409.23 above concerning organizations in certain eligible azeas or making certain
demonstrations). If all requirements of law have been sarisfied, the Director of the
Devartment of Safetv and Insnections �ireetorshall forward such contribution to
the intended eligible recipient by mail.
Section 162
Section 409.26 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.26. Into�cating liquor; nonintoxicating malt liquor; presumptive penalties.
(a) Purpose. The purpose of this section is to establish a standazd by which the city council
determines the length of license suspensions and the propriety of revocations, and shall
apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this
chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to
be appropriate far every case; however the council may deviate therefrom in an
individual case where the council finds and determines that there exist substantial and
compelting reasons making it more appropriate to do so. When deviating from these
standards, the council shall provide written reasons that specify why the penalty selected
was more appropriate.
(b) Presumptive penalties for violations. Adverse penalries for convictions or violations shall
be presumed as follows (unless specified, numbers below indicate consecutive days'
suspension):
ppearance
ype o st n r
iolation
ommission o evocation
felony related
o the licensed
ctivi .
a e o a co o evocation
everages whil
icense is under
us ension.
125
C�
�
6857
�
[�:1.�`7
.:.�
.:.
.:.
.:.
.:.�
6865
a e o ine me p to evocahon
]coholic
everagesto
nderage
erson.
a e o me me p to evocahon
lcoholic
everageto
toxicated
erson.
5 er ours sa e me evocahon
f alcoholic
evera es.
er ours me evocahon
isplay or
onsumption of
lcoholic
evera e.
e sa to evocation
llow city
nspectors or
olice
dmission to
nspect
remises.
ega me evocation
ambling on
remises.
ai ure to ta e me evocation
easonable
teps to stop
erson from
eaving
remises with
lcoholic
evera e.
ai ure to ma e me evocation
pplication for
icense renewal
rior to license
x iration date.
a e o me evocahon
ntoxicating
iquor where
nly license is
or
onintoxicating
i uor.
ai we to evocahon
omply with
tatutory, and
rdinance
equirements
or liability
nsurance.
EC�d^.
O�1 ��G
6866
6867
6868
6869
6870
6871
6872
6873
6874
6875
6876
6877
6878
6879
6880
6881
6882
6883
6884
6885
6886
6887
6888
6889
6890
6891
6892
6893
6894
6895
6896
6897
6898
6899
6900
6901
6902
6903
6904
6905
6906
6907
6908
6909
6910
6911
6912
6913
6919
6915
6916
6917
6918
6919
6920
For those violations which occur in on-sale intoxicating liquor establishments listed
above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appeazance not
involving multiple violations, a fine shall be imposed according to the following schedule. For
those violations which occur in on-sale intoxicating liquor establislunents listed above in
numbers (3) and (4), which would be a second appearance not involving multiple violarions, the
fine amounts set forth below shall be doubled.
Seating capacity 0--149 . . . . $ 500.00
Seating capacity 150 and over .... 1,000.00
For those violations which occur in off-sale intoxicating liquor establishments listed
above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appeazance not
involving mulriple violations, a fine shall be unposed according to the following schedule, based
on the squaze footage of the retail azea of the establishment. For those violations which occur in
off-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a
second appearance not involving multiple violations, the fine amounts set forth below shall be
doubled.
5,000 square feet or less ....$ 500.00
5,001 square feet or more .... 1,000.00
A licensee who would be making a first appearance before the council may elect to pay
the fine to the Deparhnent of Safetv and Insuections
without an appeazance before the council, unless the notice of
violation has indicated that a hearing is required because of circumstances which may warrant
deviation from the presumprive penalty. Payment of the recommended fine will be considered to
be a waiver of the hearing to which the licensee is entitled, and shall be considered an
"appeazance" for the purpose of determining presumptive penalties for subsequent violations.
Section 163
Section 410.03 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 410.03. Licensing requirements.
(a) Application. Any person desiring either of the licenses as hereinbefore described shall
first make an application therefor to the council of the City of Saint Paul by filing with
the inspector of said city for presentation by him to the council of an application in
writing therefor, which said application shall set forth with reasonable accuracy the name
and place of residence of the applicant; the exact location of the place at which the
applicant proposes to carry on the business of selling nonintoxicating malt liquors; and
whether or not he has at any rime previous to the date thereof been engaged in said
business or in the business of selling foodstuffs in the City of Saint Paul, and if so, when
and where. Said application shall be signed by the applicant in person or by an officer of
the club seeking said license or by an officer of the corporation seeking said license, and
when received by the inspector shall be by him placed on file, and the name of the
applicant shall be by him registered in a book of registration to be kept in the office of
said inspector for that purpose; provided, however, that said inspector shall not receive
such application or register the name of said applicant unless the application is
accompanied by the fee required by section 410.02.
127
o� ��a
6921
6922
6923
6924
6925
6926
6927
6928
6929
6930
6931
6932
6933
6934
6935
6936
6937
6938
6939
6940
6941
6942
6993
6944
6945
6946
6997
6948
6949
6950
6951
6952
6953
6959
6955
6956
6957
6958
6959
6960
6961
6962
6963
6964
6965
6966
6967
6968
6969
6970
6971
6972
6973
6974
6975
s**
(e) Investigation. The applicant shall permit representatives of the � ,
department of police and the Department of Safetv and Inspecrions �epartmenteffac
and inspect and examine the place of business described in the
application, together with all the appliances and instruments used or to be used in the
transacrion of the business for which the license is sought, and any refusal on the part of
such applicant to perniit such inspection shall be deemed as sufficient ground upon which
the council shall refuse to issue the license applied for.
Section 164
Section 410.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.04. Regulations.
(a) Restrictions on minors. A minor, as used herein, is any person under the age of twenty-
one (21) years.
**r
(c} Sales prohibited; hoxrs. No such nonintoxicating malt liquors shall be sold either on-sale
or off-sale between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday
through Saturday inclusive, nor between the hours of 1:00 a.m. and 12:00 noon on
Sundays. Notwithstanding the foregoing, an establishment which has received a permit
from the State of Minnesota which authorizes sale of 3.2 percent malt liquor on-sale
between the hours of 1:00 a.m. and 2:00 a.m. may make such sales if it has provided a
copy of the pennit to the Director of the Department of Safety and Inspections 6f&ee-af
�,i�P. No on-sale licensee shalt permit any such nonintoxicating malt liquors to be
consumed on its premises during the hours when the sale thereof is by this chapter
prohibited. Notwithstanding the foregoing, establishments holding on-sale licenses issued
under this chapter may remain open for the sale of food after the hours of sale provided
therein and until 3:00 a.m. if they have first obtained an extended service license. Such
license shall be a Class III license. Application shall be made on such forms as may be
provided by the Department of Safety and Inspections ,
. The fee for such license shall be established by ordinance as
provided in section 310.09(b) of the Legislative Code. The regulations in section
409.07.1(b), and notice and consent requirements in section 409.071(c) of the
Legislative Code shall apply to extended service licenses under this chapter.
Section 165
Section 410.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 410.07. Transfer of license; change in service area.
(a) No license granted hereunder shall be transferable from person to person or from piace to
place. No license granted for a specified part of any particular premises shall permit sales
of such liquor on a part of such premises not specified in the license, or in an area
adjacent to such licensed premises; provided, however, that the license inspector or his or
her designee may waive this limitation and allow a temporary extension of the liquor
service area subject to the following criteria herein established by the city council.
Failure to make a waiver and/or allow such a temporary extension is not adverse action
and does not require notice and hearing in the event of denial or inaction:
128
C� 4
6976
6977
6978
6979
6980
6981
6982
6983
6984
6985
6986
6987
6988
6989
6990
6991
6992
6993
6994
6995
6996
6997
6998
6999
7000
7001
7002
7003
7004
7005
7006
7007
7008
7009
7010
7011
7012
7013
7014
7015
7016
7017
7018
7019
7020
�o2i
�o2z
7023
7024
7025
�026
7027
7028
7029
7030
(1)
***
(7) The licensee shall notify, at least ten (10) days in advance of the date of the
proposed temporary extension, all owners and occupants who own properry or
reside within three hundred (300) £eet of the property line within which the
licensed establishment is located of the proposed temporary extension of liquor
service. Such notice shall be typewritten and include the location, date and rime
of the proposed extension of liquor service. The notice shall specifically state: "If
any person has comments about this proposed temporary extension of liquor
service, they are encouraged to telephone the public information and complaint
office ' ; and
(8) The licensee shall be required to apply for each such temporary extension in such
form as the license inspector may cequire, and the fee for each such application,
whether granted or not, shall be as set forth in section 310.18 of the Saint Paul
Legislative Code.
(b) The transfer of stock in any publicly held corporation which holds a license shall not be
deemed a transfer within the meaning of this section. The transfer of stock or partnership
shazes, or changes in officers or directors, in any other corporation or business entity
shall require the corporation or business entity to apply for and receive a new license in
conformity with all requirements relating to the licensee and the licensed business, but
not as to location or premises.
(c) A public hearing is required upon an application for change in licensed area. At least
forty-five (45) days before a public hearing on a transfer or change in licensed area, the
Department of Safety and Insvections ,
�rateetioirshall notify by mail all owners and occupants who own property or reside
within three hundred fifty (350) feet of the establishment at which the area is to be
changed, and all community organizations that have previously registered with said
deparhnent Bffiee to be notified of any such application, of the time, place and the
purpose of such hearing, said three hundred fifty (350) feet being calculated and
computed as the distance measured in a straight line from the property line of the
building where intoxicating liquor is sold, consumed or kept for sale to the property line
owned, leased or under the control of the resident. A change in licensed azea under this
section only becomes effective upon compliance with this section and consent of the
council by resolution. The failure to give mailed notice to owners or occupants residing
within three hundred fifty (350) feet or community arganizations, or defects in the notice,
shall not invalidate the change in service area. Change in service area to an outside
location (patio, deck, etc.) will also require payment of an additional license fee which
shall be established by ordinance as provided in section 310.04(b) of this Code.
(d) The notification requirements of this section shall not be applicable where the change in
service area is in an establishment within the downtown business district. For the
purposes of this section, 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 I,afayette
Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to
Shepazd Road, Shepard Road to Chestnut Street.
No such extension shall be for more than a continuous twenty-four-hour period
and shall be valid only at times that liquor sales are allowed by law;
129
O`7 �
7031
7032
7033
7034
7035
7036
7037
7038
7039
7040
7041
7042
7043
7044
7045
7046
7047
7048
7049
7050
7051
7052
7053
7054
7055
7056
7057
7058
7059
7060
7061
7062
7063
7064
7065
7066
7067
7068
7069
7070
7071
7072
7073
7079
7075
7076
7077
7078
7079
7080
7081
7082
7083
7084
7085
Section 166
Section 411.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 411.04. Licensing requirements.
(a) Applicafion. Any person desiring a license to provide entertainment shall make his
application in wriring upon a form to be provided by the inspector with whom the
application shall be filed. The inspector shall require that the following information be
set forth upon the applicarion:
(1)
�2)
(3)
(4)
The name and place of residence of the applicant.
The exact locarion of the premises upon which the applicant proposes to provide
entertainment.
Whether the applicant has ever been engaged in a similaz business and, if so, the
location thereof and the date when so engaged.
A description of the type or types of entertainment to be provided and the
frequency thereof.
In case the applicant proposes to afford the public the privilege of dancing, the applicant
shall set forth the amount of floor space available and which the applicant proposes to maintain
for dancing purposes.
The application shall be signed by the applicant in person and, if the applicant is a
corporation, by an officer of the corporarion who shall agree to comply with all the ordinances of
the city relating to the business of providing entertainment. He shall file with his application the
license fee, together with the consent of property owners or tenants as hereinafter provided.
(b) Notification requirements; consent of neighboring property:
(1) Notice of hearing: At least thirty (30) days before a public hearing on an
application for a license, the Department of Safetv and Inspections effiecof
shall notify by mail all owners
and occupants who own property or reside within three hundred fifty (350) feet of
the main entrance of the establishment to be licensed and all community
organizations that have previously registered with such deparhnent of the time,
place and purpose of such hearing, such three hundred fifty (350) feet calculated
and computed as the distance measured in a straight line from the nearest point of
the building where intoxicaring liquor is sold, consumed or kept for sale to the
nearest point of the property line owned, leased or under the control of the
resident. Prior to the hearing date, the Deuartment of Safetv and Insvections
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.
(2) Consent of owners and occupants within three hundred �ftyJ feet.• The applicant
shall present with his or her application for a Class B or Class C license a
statement in writing with the signatures of as many of the owners and occupants
of private residences, dwellings and apartment houses located within three
hundred fifiy (350) feet of such premises as he or she can obtain to the effect that
they have no objection to the granting of the class of entertainment license sought
130
��— \ �{�
7086
7087
7088
7089
7p90
7091
7092
7093
7094
7095
7096
7097
7098
7099
7100
7101
�io2
7103
7104
7105
7106
'] 10 7
7108
7109
7110
7111
7112
7113
7119
7115
7116
7117
7118
7119
7120
7121
7122
7123
7124
7125
7126
7127
7128
7129
7130
7131
7132
7133
7134
7135
7136
7137
7138
7139
7140
or the operation of the business of conducting entertainment of the class of license
sought at the location proposed.
If the applicant obtains the signatures of ninety (90) percent or more of such
persons, the council may grant the license. If the applicant obtains the signatures
of sixty (60) percent to ninety (90) percent of such persons, the council may gant
the license upon finding that issuance of the license would not interfere with the
reasonable use and enjoyment of neighboring property and residences and would
not bear adversely on the health, safeTy, morals and general welfaze of the
community. Such findings shall be based on the following considerations if the
license were to be granted:
a. The effect on the surrounding community and institutions;
b. Noise and likelihood of adverse effect on residential occupants;
c. The possibility of increased traffic;
d. The character of the neighborhood;
e. Other like uses in the neighborhood.
If the applicant fails to obtain the signatures of sixty (60) percent of such persons,
the license shall not in any case be granted, unless, in the case of Class B licenses
only, the license applicant can illustrate to the city council that a good faith effort
was made to fulfill all petition requirements, and that the results of such attempts
showed a generally favorable disposition from the surrounding community
towazd the proposed licensed acrivity, and that the district council representing
the area supports the request for the license by the applicant.
(3) Compliance with notice and consent requirements: An entertainment license for
whatever particulaz class of license has been sought only becomes effective upon
compliance with this pazagraph (b) and consent of the council by resolution. The
failure to give mailed notice to owners or occupants residing within three hundred
fifty (350) 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 regazdless of the number of occupants.
(4) Application of subdivision; erceptions: The iequirements set out in this pazagraph
(b) shall apply only where the application is for an entertainment license in which
it is proposed that liquor will be sold and instrumental music with dancing for the
guests therein, or singing or vaudeville entertainment is to be provided. The
notification and consent requirements of this paragraph (b) shall not be applicable
when the premises whereon the entertainment is proposed is zoned as I-1, I-2 or I-
3 Industrial District or where the license is to be held in a place located in the
downtown business district. For purposes of this pazagrapb (b), downtown
business district shall include all that portion of the City of Saint Paal lying
within and bounded by the following streets: Beginning at the intersection of
Shepard Road with Chesmut Street, Chesmut Street to Pleasant Avenue, Pleasant
Avenue t4 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, W amer Road to Shepard Road, Shepard Road to Chestnut Street.
131
O� � 4G
7141
7142
7143
7144
7195
7146
7147
7148
7149
7150
7151
7152
7153
7154
7155
7156
7157
7158
7159
7160
7161
7162
7163
7164
7165
7166
7167
7168
7169
7170
7171
7172
7173
7174
7175
7176
7177
7178
7179
7180
7181
7182
7183
7189
7185
7186
7187
7188
7189
7190
7191
7192
7193
7194
7195
(5) Exemption from consent requirements for Zimited entertainment Zicenses. The
consent requirements of this pazagraph (b) shall not apply if the person, firm or
corporation holding liquor licenses for the pzemises for which the entertainment is
sought (i) has, as a regulaz and usual part of its business for at least three (3) years
immediately prior to the effecrive date of this ordinance (C.F. No. 92-1799),
rented all or part of the licensed premises for wedding, anniversary or retirement
dinners or receptions or similaz family or social functions and has held itself out
to the public during that period of rime as being available for such purposes; (ii)
applies for a limited Class A or B license valid for the sole purpose of allowing
entertainment to be provided by another on that part of the licensed premises
which is rented or used, with or without consideration, for a wedding, anniversary
or retirement dinner or reception, or similar family or social function; and (iii)
makes application for such limited license within one (1) year of the effective
date of this ordinance (C.F. No. 42-1799), or before December 31, 1493,
whichever date comes later. Notwithstanding the foregoing, this exemption from
the aforesaid consent requirements shall not apply in any case to a Class C
license.
(6) Conditzons of limited licenses. The limitation on an entertainment license issued
pursuant to paragraph (5) above shall be an express term and condition of the
license, and failure to comply with such limitation shall be grounds for adverse
action against all licenses held by the licensee or applicant. If the holder of such
limited license shall provide, furnish or contract for any entertainment of any kind
on the licensed premises, such action shall be grounds for adverse action against
all licenses held by such licensee. The council may by resolution fizrther condition
such lunited licenses and the imposition of such conditions shall not be deemed to
be an adverse action; provided, however, that the imposition of any condition
which directly limits, or whose only purpose is to limit, free expression or the
expressive content of the entertainment shall be deemed to be an adverse action
and governed by the procedural requirements of sections 310.05 and 310.06 of the
Legislative Code. Violation of such conditions shall be grounds for the
revocation, suspension or further limitation of the limited entertainment license
and any other licenses held by the licensee. Such revocation, suspension or further
limitation shall not be deemed to be an adverse action; provided, however, that if
the violafion which is all or part of the grounds of such action involves free
expression or the expressive content of the entertainment, such action shall be
deemed to be an adverse action and subject to the procedural requirements of
sections 310.05 and 310.06 of the Legislative Code.
(7) Responsibility of licensee under limited licenses. Each holder of a limited license
hereunder shall be responsible for full compliance by all renters and users of the
licensed and contiguous premises with all requirements of law. The provisions of
section 404.08(7) of the Legislative Code shall be applicable to and govem
holders of limited licenses hereunder.
(c) Investigation. Whenever an application for an entertainment license is filed, the inspector
shall refer said application immediately to the director of the Denartment of Safety and
Inspections and ' , he director of the department of police�
, ho shall proceed to inspect and
examine the premises described in the applicarion and report to the inspector whether the
applicant is a proper person to receive such a license and whether the premises are
suitable for entertainment.
Upon receipt of the reports, the inspector shall transmit the reports together with his
recommendation and any recommendation that the above officials shall make with respect to the
f[cYa
o� ���
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applicant or the premises to the council for its consideration. It is hereby made the duty of the
inspector, in any case where consent of neazby residents is required under this chapter, to inquire
whether such consent was given in good faith.
(d) FZoor space. No live entertainment license shall be given where the floor space available
for and wluch is to be maintained for dancing in which the public participates does not
exceed fow hundred (400) square feet.
(e) Interim standards for off-street parking. In any case in which the applicant is seeking a
Class B or Class C license, the applicant shall provide additional off-street parking for
the licensed premises as follows: Fifty (50) percent of the shortfall in parking spaces
beriveen one (1) space for each seventy-five (75) squaze feet of gross floor azea, and the
number of pazking spaces akeady provided by the licensee. "Gross floor azea" shall mean
the sum of the horizontal azeas of each floor of a building as specified in section 60.206
of the Zoning Code. Tlus requirement shall not apply to licensed premises which are
located in the downtown business dishict as defined in section 409.11 of the I,egislative
Code. The license application must include a fully dimensioned floor plan and site plan
drawn to scale. Modificarions may be granted as specified in section 409.08(11)e.
Section 167
Section 412.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412.02. De£nirions.
As used in this chapter, the terms defined in this section shall have the following
meanings ascribed to them:
(1) Adequate or approved means acceptable to the director, following his or her
determination as to conforxnance with public health pracrices and standazds
contained in existing health, building, housing, fire, food protection, or other
applicable codes.
(2) Change of ownership means when a licensed business is sold or transferred to
another person, business or corporation. A change of ownership, as it relates to an
environmentat plan review, does not include the changing ar adding of officers to
an existing partnership or corporation or change of a mailing address.
(3) Director means the director of the Department of Safetv and Insnections
�
or hislher designated agent.
(4) Massage means any method of applying pressure on, or friction against, or
rubbing, stroking, kneading, tapping ar rolling of the extemal parts of the human
body with the hands or with the aid of any mechanical or electrical apparatus,
appliance or device with or without such supplemental aids as rubbing (isopropyl)
alcohol, liniment, antiseptic oil, powder, cream, lotion, ointment or other similaz
preparation. The practice of massage shall not include and is distinct from the
practice of inedicine, surgery, osteopathy, chiropractiq physicaltherapy or
podiahy. Persons duly licensed or registered to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiariy, and nurses who work under
the direction of such persons, are hereby expressly excluded from the
requirements of this chapter, provided the massage is administered in the regular
course of a prescribed or authorized medical treahnent and not provided as part of
a separate and distinct massage business. Beauty culturists, barbers and
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(5)
(6)
cosmetologists who do not give, or hold themselves out to give, massages other
than those customarily given in such shops or places of business for the purposes
of beaurification only, and persons who give massages only incidentally to their
general occupations and receive no compensation specifically for giving
massages, shall also be excluded from the provisions of this chapter.
Massage centers, as defined in secrion 60.213 of this Code.
Obscene and obscene work, as defined in Chapter 274 of this Code.
(7) Remodel means any reconstruction, alteration or repair that requires structural,
plumbing, mechanical and/or electrical permits; changing the location of walls;
expanding the area of the facility; substantially changing or expanding the
character of the business. Remodel does not include replacing a piece of
equipment with a like piece of equipment; replacing wall, floor or ceiling
finishes; repositioning equipment; providing new equipment that does not
significantly alter the character of the business. The director shall have discretion
in determining when this section applies.
(8) Therapeutic massage practitioner means a person who practices massage as
defined herein and conducts massage services from a licensed massage center or
licensed home location pursuant to Chapter 412 of the I,egislative Code.
Section 168
Section 412.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412.05. License requirements.
(a) Application. The 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 corporafion, and any other person or corporation which may have
a financial interest in the premises to be licensed.
(3)
(4)
(5)
(6)
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 and convicted.
A description of the services offered.
The business, occupation or employment of each of the persons named in
subparagraph (2) of the paragraph (a) for the three (3) years immediately
preceding the date of application.
The previous experience of the persons named in subpazagraph (2) of this
paragraph (a) in a therapeutic massage center or similar business.
�iJ
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(7) A statement as to whether the persons named in subparagraph (2) 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.
Such application will then be reviewed by the Department of Safetv and Inspections 9ffiee-of
, police deparnnent, and such other
departments as shall be deemed necessary. Such departments will thereafrer 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 for all Class A or B licenses. Class A and B
licenses shall be Class I licenses as set out in the Legislative Code. Class B activity shall comply
with the home occupation zoning regulations set out in section 60.412 of the Legislative Code.
Section 169
Section 412.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412.06. Construction and maintenance requirements.
(a)
Class A. The following requirements shall apply to the construction and maintenance of
all Class A therapeutic massage centers:
+**
�V;
Class B. The following requirements shall apply to the constnxction and maintenance of
all Class B home location licenses:
(1)
***
(11)
(12)
A room for conducting massages must be separate from normal living spaces.
Sanitizers shall be a disinfectant approved by the Department of Safety and
Inspections � .
All supplies or equipment must be stored at least six (6) inches off the floor on
approved shelving or in a closed cabinet.
(13) All linens, towels, etc., shall be changed between uses.
(14) All equipment shall be cleaned and sanitized between uses.
(15) All linens and towels sha11 be machine washed. All linens and towels shall be
washed separate from personal articles.
Section 170
Section 412.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412.08. Submission of plans and specificarions.
(a) Environmental plan review required, A person shall not begin to construct, extensively
remodel, or alter a massage center until the director has reviewed and approved the plans
and specifications required by this subsection. The massage center shall be constructed
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and finished in conformance with the approved plans. The director may inspect the
massage center as frequently as deemed necessary during construction to ensure that
construction occurs in conformance with this chapter. The director shall conduct a final
inspection prior to the start of operations and issuance of an approved license. If work
has commenced prior to approval of plans when required, the director may issue orders to
halt the construction, extensive remodeling, expansion, or alteration, or may issue orders,
including demolition or removal, if reasonably necessary to determine compliance with
the standards of this chapter.
(b) All persons who hereafter construct, remodel or convert buildings or facilities for use as a
massage center shall conform and comply in their construction, erecrion or alteration
with the requirements of this chapter. Two copies of plans and specifications for such
layout, arrangement, and plumbing and construction materials of the massage azeas, and
location, size and type of equipment and facilities shall be filed by the owner to the
Deparhnent of Safetv and Inspections �P. The plans will be reviewed and retained by
the Devartment of Safetv and Instiections
. A building permit shall not be issued for any
such construction, remodeling or alteration until such permit shall have the approval of
the director.
Section 171
Section 412.10 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 412.10. Rules and regulations; Director of Department of Safety and Inspections
may promulgate.
The director may upon notice and hearing promulgate such rules as he or she deems
necessary to carry out the provisions and purposes of this chapter, to protect the public health
and to provide for safe and sanitary operation of massage equipment. Notice of promulgation of
such rules and the hearing date shall be given to all licensees and notice of the hearing date
published once in the legal newspaper. The notice shall advise that at the hearing written or oral
comments on proposed rules will be received, and how a copy of the proposed rules can be
obtained. Such rules shall be effective after such hearing when filed in the office of the city
clerk. Violations of such rules shall be sufficient grounds for adverse action against licenses
issued underthis chapter.
Section 172
Section 412A.02 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 412A.02. Definitions.
As used in this chapter, the terms defined in this section shall have the following
meanings ascribed to them:
Adequate or approved means acceptable to the director, following his or her
determination as to conformance with public health practices and standards contained in existing
health, building, housing, fire, food protection, or other applicable codes.
Adult massage parlor, as defined in section 60.201 of this Code.
Adult massage therapist means a person who practices massage as defined herein in an
adult massage parlor.
136
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7454
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7457
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7459
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7461
7462
7463
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7966
7467
7468
7469
7470
Adult use, as defined in section 60.201 of this Code.
Change of ownership means a licensed business is sold or transferred to another person,
business or corporation. A change of ownership, as it relates to an environmental plan review,
does not include the changing or adding of officers to an existing partnership or corporation or
change of a mailing address.
Director means the d'uector of the Department of
Safety and Insnections ' , or
his/her designated agent.
Massage means any method of applying pressure on, or friction against, or rubbing,
stroking, kneading, tapping or rolling of the extemal parts of the human body with the hands or
with the aid of any mechanical or electrical apparatus, appliance or device with or without such
supplemental aids as rubbing (isopropyl) alcohol, liniment, antiseptic oil, powder, cream, lotion,
ointment or other similar preparation. The practice of massage shall not include and is distinct
from the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy or podiatry.
Persons duly licensed or registered to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, and nurses who work under the direction of such persons, aze
hereby expressly excluded from the requirements of this chapter, provided the massage is
administered in the regular course of a prescribed or authorized medical trearinent and not
provided as part of a separate and distinct massage business. Beauty culturists, barbers and
cosmetologists who do not give, or hold themselves out to give, massages other than those
customazily given in such shops or places of business for the purposes of beautification only, and
persons who give massages only incidentally to their general occupations and receive no
compensation specifically for giving massages, shall also be excluded from the provisions of this
cbapter.
Obscene and obscene work, as defined in Chapter 274 of this Code.
Remodel means any reconstruction, alteration or repair that requires structural, plumbing,
mechanical and/or electrical permits; changing the location of walls; expanding the area of the
facility; substantially changing or expanding the character of the business. Remodel does not
include replacing a piece of equipment with a like piece of equipment; replacing wall, floor or
ceiling finishes; repositioning equipment; providing new eqaipment that does not significantly
alter the character of the business. The director shall have discretion in determining when this
section applies,
Section 173
Section 412A.04 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 412A.04. License requirements.
(a) Application. The application for a license shall be made at the Department of Safetv and
Inspections 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 applicarion.
(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
137
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a financial interest in the premises to be licensed.
U \ `-�
(3) A description of any crime or other offense, including the time, place, date and
disposition, for wkach any of the persons named in subpazagraph (2) of this
pazagraph (a) have been arrested and convicted.
r� .
(5)
A description of the services offered.
Written proof that each employee is at least eighteen (18) years of age.
(6) 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.
(7) The previous experience of the persons named in subpazagraph (2) of this
paragraph (a) in an adult massage pazlor or similar business.
(8) A statement as to whether the persons named in subparagraph (2) 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.
Such application will then be reviewed by the Deparhnent of Safety and Inspections
, police department, and such other
departments as shall be deemed necessary. Such departments will thereafter submit their reports
and recommendations to the Department of Safetv and Inspections , who
will submit all of the reports and recommendations of the other deparhnents 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 Denartment of SafetY and Tnsnections ,'
shall notify by mail a11 owners and occupants who own
property or reside within three hundred (300) feet of the main entrance 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 building 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 Depariment of Safetv and Inspections affree�f
shall submit to the city council a list of
the names and addresses of each person or arganization 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 ttu 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 mulriple-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
ESCb9
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and bounded by the following streets: Beginning at the intersection of Shepard Road with
Chestnut Street; Chesmut 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 I,afayette Bridge; Lafayette Bridge to where the bridge crosses
Wamer Road; Warner Road to Shepard Road; Shepard Road to Chestnut Road.
(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
welfare including, but not limited to, the following:
(1)
�Z)
�
The character and suitability of the azea or neighborhood in which the licensed
premises is located;
The proximity of the site for the massage pazlor or adult massage parlor to
churches, schools, playgrounds, parks or other community facilities adversely
affected;
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 welfaze would be otherwise
adversely affected, taking into account one (1) or more of the facts or circumstances in
tlus section.
(e) Restrictions may be imposed. Where a reasonable basis is found by the council to impose
reasonable restriction upon the license, taking into consideration one (1) or more of the
above facts and circumstances, the council may, upon issuance or renewal of a license,
impose such reasonable conditions and resh on the manner or circumstances under
which the licensed activities shall be conducted to preserve the public peace and protect
and promote good order and security.
Section 174
Section 413.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 413.05. 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. If the premises is not
constructed and furnished at the time the application is completed, the detailed
plans of the premises and furnishings shall be attached to the application;
(2) Names and adtiresses of the property owner, the business owner, the lessee, the
manager or operator and, if a corporarion, all the names and addresses of the
officers of such corporation, and any other person or corporation which may have
a fmancial interest in the premises to be licensed;
(3) A description of any crime or other offense, including the rime, place, date and
disposition, for which any of the persons named in subparagraph (2) of this
paragraph (a) have been anested or convicted;
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(4) A description of the services to be offered;
(5) The business, occupation or employment of each of the persons named in
subpazagraph (2) of this pazagraph (a) for the three (3) yeazs immediately
preceding the date of applicarion;
(6) The previous experience of the persons named in subpazagraph (2) of this
pazagraph (a) in a movie theatre or similar business;
(7) A statement as to whether the persons named in subparagraph (2) 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; and
(8) In the case of an adult conversation/rap parlor, written proof that each empioyee
is at least eighteen (18) years of age.
The application will then be reviewed by the Department of Safety and Inspections diroisioiraf
, police deparhnent, and such
other departments as shall be deemed necessary. The deparhnents 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 heazing on an application
for a license, the Department of Safety and Inspecrions ,'
shall norify 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 neazest point of the property line in which the business is to be operated to
the neazest point of the property line owned, leased ar under the control of the resident.
Prior to the hearing date, the Denartment of Safetv and Inspections afl&ee-of�ieeasc
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 pazagraph (b) has been made. A bona fide attempt is evidenced by a
notice addressed to "owner" and to "occupanY' of the listed address. Only one (1) notice
need be mailed to each house or each rental unit within a multiple-family dwelling
regazdless of the number of occupants.
The notification requirements of this pazagraph (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' 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; Shepazd Road to Chestnut Street.
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(c) Hearing. The ciry council shall afford the applicant and all interested parties a public
hearing, and shall have the discretion to consider in gtanring, denying or renewing the
license any reasonable fact or circumstance relaring to the public health, safety and
welfare, including, but not limited to, the following:
(1)
�Z)
The character and suitability of the azea or neighborhood in which the licensed
premises is to be located; and
Traffic congestion and pazking problems.
(d) Basis for denial. The council may deny an applicarion for renewal or grant of a license on
the basis of a detemunation 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) 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 restricfions 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 175
Section 413.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 413.07. Submission of plans and specificarions.
All persons who hereafter construct, extensively remodel or convert buildings or
facilities for use as a conversation/rap parlor 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 Department of Safety and Inspections $f&ee
.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.
Section 176
Section 414.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 414.03. Licensing requirements.
(a) Application. A therapeutic massage applicant shall apply to the City of Saint Paul for a
license to provide services by paying the license fee specified in section 414.02 at the
Departrnent of SafetY and Insoections
�'retection and by completing an application form prepared by the duector of the
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Department of Safetv and Insuections . Such application shall
include:
(1)
�Z)
(3)
The name, age and address of the applicant;
The length of experience in this occupation and the past places of employment
and position held;
A descriprion of any crime or other offense, including the rime, place, date and
disposition, for which the applicant has been arrested and convicted; and
(4) A statement as to whether the individual has 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.
The license application shall thereafter be reviewed by the Denarhnent of Safety and
Insvections ,
seetiair, department of police, and such other deparhnents as shall be deemed necessary. Such
departments will thereafter submit their reports and recommendations to the director of the
Department of Safety and Inspections, who will consider all of the reports and recommendations
either grant or deny the license.
(b)
a. V erification that the applicant has passed the National Certification
Examination in Therapeutic Massage and Bodywork within two (2) years
prior to the date of the application; or
b. Successful completion of an examination sponsoxed by the City of Saint
Paul as to the qualifications and competence of said applicant for the
practice of massage. Said examination shall be given by the Director of
the Department of Safety and Insnections
or by such persons as he or she may designate and sha11 consist of a
written and practical examination, so as to determine whether the
applicant has sufficient knowledge, skill, training and experience to safely
and competently administer massages to the general public. Such
examination shall test the applicant's:
Knowledge of massage and public health statutes, ordinances,
rules and regulations;
2.
3.
L'�
Knowledge of anatomy;
Knowledge of the theory of massage; and
Knowledge and ability in practical massage.
The practical examination shall be graded on a pass/fail basis.
t�)
Educational reguirements.
(1) Each applicant for a massage therapist license after March 1, 1994, shall fizrnish
with the application proof of one (1) of the following:
Insurance. Every application for a license shall be accompanied by proof of insurance
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executed by an insurance company authorized to do business in the State of Minnesota,
in an amount to be determined by the risk manager pursuant to secrion 7.02 of the Saint
Paul Legislarive Code. The insurance shall be condirioned that the insurer shall defend,
indemnify and hold the City of Saint Paul and its officers, employees and agents
harmless from and against all claims, damages or liability resulting from the grant or
renewal of a license under this chapter, or operations or business of such license. All
insurance policies hereunder shall provide for at least thir[y (30) days' prior notice to the
Deparhnent of Safety and Inspecrions ,
�roteetian before the cancellation thereof is effecrive, and shall continue to provide
coverage as to all matters arising during the term of the insurance policy whether or not
later canceled.
Section 177
Section 414.04 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 414.04. Adverse action; grounds for denial, revocation or suspension.
(a) It shall be grounds for denial of the application or for revocation or suspension of the
license if the applicant or licensee is not complying with or has a history of violations of
the laws and ordinances that apply to public health, safety and morals.
(b) It shall be grounds for the denial, revocation or suspension of the license if the licensee is
convicted of any violation, reasonably related to the licensed activity and/or occurring on
the licensed premise, of any city ordinance or federal ar state statute.
(c) It shall be grounds for the denial, revocation or suspension of the license if there is fraud
or deception involved in the license application.
(d) It shall be grounds for the denial, revocation or suspension of the license if the licensee is
found to be in control or possession of any alcoholic beverages or narcotic drugs and
controlled substances on the premises for which they are licensed to operate, possession
of which is illegal as defined by Minnesota Statutes or Saint Paul ciry ordinances.
(e)
��
�b)
It shall be grounds for the denial, suspension or revocation of the license if the licensee
has evidenced in the past willful disregard for health codes and regulations.
It shall be grounds for the denial, suspension or xevocation of the license if the applicant
fails to provide all the information and certificates required by this chapter.
It shall be grounds for the denial, suspension or revocation of the license if the licensee
shall refuse to permit any authorized police officers ox authorized member of the
, the Department of Safetv
and Insuections o
inspect the premises or the operations.
(h) It shall be grounds for the denial, suspension or revocation of the license if the licensee is
found to be violating provisions of this chapter.
Section 178
Section 414.041 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 414.041. Sanitation; appointment calendar; rules and regulations.
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(a) Sanitation. All licensed massage therapists conducting off-site massage services shall
establish and maintain a supply storage facility containing any and all materials used in
conducting off=site massage services. The license inspector or his or her authorized
representative shall have the right to enter and inspect the storage facility at all
reasonable rimes. Rules as to required sanitation and storage shall be adopted in
accordance with section 414.041(c) herein.
(b) Appointment calendar. All licensed massage therapists shall keep a record of all off-site
massage services performed. The record shall be legible, written in ink and in the English
language. It shall include the name of the massage pracritioner, the name of the person(s)
receiving the massage service, the address where the massage service was performed and
the date and time of such service. The record shall be maintained for a period of rivo (2)
years from the date the massage service was performed. Such record shall be open for
inspection by the license inspector or his or her authorized representative at all
reasonable times.
(c) RuZes attd regulations. The Director of the Denartment of Safetv and Inspections dircctar
may upon notice and hearing promulgate such rules as he or she
deems necessary to carry out the provisions and purposes of this chapter, to protect the
public health, to provide for safe and sanitary operation of licensed therapeuric massage
centers, to provide for the safety of therapeutic massage and related massage equipment,
and for the proper training of persons employed in the operation of such massage centers.
Notice of the promulgation of such rules and the hearing date shall be given to all
licensees and notice of the hearing date published once in the legal newspaper. The
notice shall advise that at the hearing written or oral comments on proposed rules will be
received, and how a copy of the proposed rules can be obtained. Such rules shall be
effective after such hearing when filed in the office of the city clerk. Violations of such
rules shall be sufficient grounds for adverse action against licenses issued under this
chapter.
Section 179
Section 415.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 415.05. Licensing requirements.
(a) Application. An initial application for a license shall be made at the Deparhnent of Safetv
and Insuections by filing the annual license fee and by completing
an application form. The application form, which shall be prepazed by the inspector and
approved by the city council, shall contain the following in£ormation:
(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)
(4)
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.
The business, occupation or employment of each of the persons named in
subparagraph (2) of this paragraph (a) for the three (3) years immediately
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(5)
(6) A statement as to whether the persons named in subpazagraph (2) 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.
��)
�g)
The
and such other departments as shall be deemed necessary. The departments will thereafter
submit their reports and recommendations to the Deparhnent of Safetv and Inspecrions effice-af
tke-inspcetor, 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 Denartment of Safetv and Inspections ,'
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 deparhnent, 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 date, the Denariment of Safetv and Inspections efi7ee
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 norice 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 pazagraph (b) has been made. A bona fide attempt is evidenced by a
notice addressed to 'bwner" 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 districY' 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 Shepazd Road; Shepard Road to Chestnut Street.
preceding the date of application.
The previous experience of the persons named in subparagraph (2) of this
pazagraph (a) in a movie theatre/theatre or similaz business.
A description of the predominant type of motion pictures or other performances
to be shown or performed in the theah�e.
In the case of an adult motion pichue theatre/theatre or an adult mini-motion
picture theatre/theatre, written proof that each employee is at least eighteen (18)
yeazs of age.
will then be reviewed by the
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(c) Hearing. The city council shall affard the applicant and all interested parties a public
hearing, and shall have the discrerion 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 character and suitability of the azea or
neighborhood in which the licensed premises is to be located.
(d) Basis for denial. The council may deny an application for renewal or grant of a license on
the basis of a detemunation that the public health, safety or welfare would be othenvise
adversely affected, taking into account one (1) or more of the facts or circumstances in
this secrion; provided, however, that the council shall not consider as grounds for denial
any activity on the part of the applicant, which acrivity is protected by the provisions of
the Constitutions of the United States or of the State of Minnesota.
(e) Restricrions 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. It is the intention of the council not to place
any restrictions or conditions upon any license which would unlawfully restrict or
interfere with any rights protected by the Constitutions of the United States or of the
State of Minnesota.
Section 180
Section 415.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 415.06. Adverse action; grounds for suspension, revocarion, 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 if the applicant or persons in the
applicant's employ are not complying with or have a history of violations of the
laws and ordinances that apply to public health, safety or morals.
***
(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 Department of Safetv and Inspections eity's-fire
�omto inspect the premises or operations during normal
houxs.
(12) It shall be grounds for the denial, suspension or revocation of a license if the
licensee, owner, lessee, manager or any of its employees are found to be in
violation of the provisions of this chapter.
(13) It shall be grounds for the denial, suspension or revocation of any adult motion
picture theatre/theatre or adult mini-motion picture theatre/theatre license if any
employee is under eighteen (18) years of age.
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8020
Section 181
Section 415.07 of the Saint Paul Legislarive Code is hereby amended to read as follows:
Sec. 415.07. Submission of plans and specifications.
All persons who hereafrer conshuct, extensively remodel or convert buildings or
faciliries for use as a motion picture theatre/theatre shall wnform and comply in their
construcrion, erection or alterarion with the requirements of this chapter. Plans and specifications
for such layout, arrangement and plumbing and construction materials, size and type of
equinment and facilities shall be filed bv the owner in the Deoartment of Safetv and Insnections
A building permit shall not be issued for any such construction, remodeling or alteration until
such pemut shall have the approval of the Department of Safety and Inspecrions division-af
��.
Section 182
Section 415.09 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 415.09. Rules and regulations; director of Department of Safety and Inspections
may promulgate.
The director of the Department of Safetv and Inspections � shall
make such rules and regulations in keeping with the provisions of this chapter and as may be
reasonably necessazy to the safe and sanitary operation of all motion picture theatres/theatres.
Such rules and regulations shall be effective when filed in the office of the city clerk and
Denartment of Safetv and Insvections inspeetar, 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.
Section 183
Section 416.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 416.05. Investigation and inspection.
Upon receipt of an initial application as herein provided, t
ions and , , the city traffic
shall cause an immediate investigation to be made of the
applicant and his proposed drive-in motion picture theatre operation and shall report their
findings to the council within ten (10) days after the date of the application for a license. If the
applicant has complied with all requirements of this chapter and all other applicable laws and
ordinances, and the application meets reasonable standards of traffic flow, the council may issue
a license. Licenses shall be renewable upon application to the Deparhnent of Safetv and
Inspections inspecter showing the name, home address, and business address of the applicant,
location of the drive-in, and its capacity.
Section 184
Section 417.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 417.05. Licensing requirements.
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(a) Application. Any person desiring a license to operate a pazking lot or pazking garages
shall deposit with the Deparhnent of Safetv and Inspections mspeetarthe amount of the
license fee herein provided, and the Department of Safety and Inspections iaspectar shall
thereupon take the application upon forms provided by the department iam, which forms
shall afford information relative to the owner, address, size of such pazking lot or pazking
gazages and the number of cazs proposed to be pazked thereon, together with any other
information deemed necessary by the Deparnnent of Safety and InspecUons suek
inspeetor. The Deparhnent of Safetv and Inspecrions iasper,tarshall refer such
application to the director of the deparhnent of polic
. It is hereby made the duty of the director of the department of
police to inquire into the character of the applicant and report the result of such inquiry to
the Deparhnent of Safety and Inspections �aspeetor, together with his opinion whether
such applicant is a proper person to receive such a license. It is hereby made the duty of
the director of the Depaztment of Safety and Inspections
serniterto inspect and examine, or to have inspected and examined, the premises
described in the application, and report the result of such inspection to the inspector,
together with his opinion whether the premises are proper for the conduct of such a
business. Upon receipt of such report and opinions, the director of the Department of
Safetv and Insuections inspeetor shall transmit the same, together with the director's �xis
own opinion of the premises and applicant, to the city council for its consideration, and
the city council shall then, by resolution, grant or deny the application.
(b) Plans; building; zoning. Applicants for licenses are hereby required to furnish to the
DeUartment of 5afety and Inspections iaspectar plans containing a general description of
the security system to be provided, the layout showing driveways of the proposed lot or
paxking gazage and the legal description of the property. All plans for new parking lots or
parking garages shall be referred by the Department of Safety and Inspections inspeetar
to the planning division of the department of planning and economic development for
"site plan" review and approval prior to the issuance of any license. The plans will be
reviewed for compliance with sections 417.07 and 62.104 of the Saint Paul Legislative
Code as well as any other applicable city standards, including the structural review
requirement of the certificate of occupancy and of section 417.07(10).
(c) Enclosure. Except for places of entrance and exit, every such parking lot or parking
garages shall be completely enclosed in the manner hereinafter specified: Said enclosures
shall be constructed and maintained so as to withstand the shocks and stresses to which
they will normally be subjected and be such as to ensure that no portion of any vehicle
parked on said parking lot shall project beyond the property line of said lot. Where such
motor vehicle parking lot abuts a building, such enclosure shall be so placed that it will
prevent motor vehicles from striking such building.
Said enclosure may be posts and rails eighteen (18) inches high which will engage the
bumper of any motor vehicle parked in said lot, or it may be concrete wheel stops conforming to
the following:
;0�
�2)
Precast concrete units shall be a minimum of eight (8) inches high and shall be
securely fastened in place in a manner approved by the building official.
Cast-in-place monolithic concrete curbs shall extend at least six (6) inches above
the finished grade of the lot and shall be of a design approved by the building
official.
Said enclosure may be of a standard type as designated by the building official or any
other type approved by him following submission of plans and specifications thereo£ The type
and arrangement of the enclosure shall be such as to ensure that the veluctes pazked on said lot
��
o� i��
8076
8077
8078
8079
8�80
8081
8082
8083
8084
8085
8086
8087
8088
8089
8090
8091
8092
8093
8099
8095
8096
8097
8098
8099
8100
8101
8102
8103
8104
8105
8106
8107
8108
8109
8110
8111
8112
8113
8114
8115
8116
8117
8118
8119
8120
8121
8122
8123
8124
8125
8126
8127
8128
8129
8130
shall not project over the properiy line or strike any building abutting such parking lot and shall
be specifically approved by the building official for each location.
A permit for the construcrion or erection of every such enclosure shall be obtained from
the director of the Department of Safetv and Inspecfions in
accordance with the procedures of the building code.
Every such pazking lot shall be suitably surfaced with a dustless surface approved by the
Director of the Department of Safety and Inspections
r his or her designee, who shall cause regulaz inspections to be made
of all such parking lots to determine that all conditions contained in this chapter or special
conditions specified by the city council under the provisions of the zoning code shall have been
complied with. The d'uector shall report to the inspector and the city council any and all
violarions or failures to so comply. All plans and specifications for enclosures shall be approved
by the building official.
Section 185
Section 420.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 420.03. Licensing requirements.
(a) Application. An applicant for an initial license under this chapter shall file with the
Department of Safetv and Insoections inspector a written application signed by himself if
an individual, by all partners if a partnership, or by the president or chief executive
officer if a corporation. The application shall be signed under oath and shall contain the
following:
(1)
�Z)
Name, residence and telephone number of every person having an interest in the
business in exces of ten (10) percent ownexship.
The trade name and address of the business on behalf of which the application is
made and its telephone number.
(3) Exact address and property description of the premises in Saint Paul where any
part of the business is to be carried on, together with a diagram of the premises
showing with exactness the location of abutting roads, properties, buildings and
uses, and the location, materials and design of all buildings to be used in the
licensed business, including structures required hereunder.
(4) Such other information as the D�e arhnent of Safety and Insoections inspeetar
may reasonably require to assist the council.
�)
Upon receipt of an inirial application, the
meetorshall forward it to the division of i
publie�heglth, who which shall cause due invesfigation to be made and shall make report
to the council within thirty (30) days, through the Deuartment of Safetv and Insnections
��'•
(c) Hearing; council approval. Upon receipt of the report of the Deparhnent of Safetv and
Insnections i�pectar, the council shall set a hearing on the application, not less than two
(2) weeks hence, at which interested parties shall be heard. Following hearing, the
council may issue a license if it finds the proposed business and its location are in accord
with the public interest.
149
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8132
8133
8134
8135
8136
8137
8138
8139
8140
8141
8142
8143
8144
8145
8146
8147
8148
8149
8150
8151
8152
8153
8154
8155
8156
8157
8158
8159
8160
8161
8162
8163
8164
8165
8166
8167
8168
8169
8170
8171
8172
8173
8174
8175
8176
8177
8178
8179
8180
8181
8182
8183
8184
8185
Section 186
Section 422.03 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 422.03. Licensing requirements.
(a) Application. An applicant for an inirial license under this chapter shall file with the
Deoartment of Safety and Inspections iaspzctar a written application signed by himself if
an individual, by all partners if a partnerslup, or by the president or chief executive
officer if a corporation. The application shall be signed under oath and shall contain the
following:
(1)
�2)
Name, residence and telephone number of every person having an interest in the
business in excess of ten (10) percent ownership.
The trade name and address of the business on behalf of which the application is
made and its telephone number.
(3) Exact address and property description of the premises in Saint Paul wbere any
part of the business is to be carried on, together with a diagram of the premises
showing with exactness the location of abutting roads, properties, buildings and
uses, and the location, materials and design of all buildings to be used in the
licensed business, including structures required hereunder.
(4) Such other information as the inspector may reasonably require to assist the
council.
(b) Investigation. Upon receipt of an initial application, the Department of Safetv and
Insvections ia�eetar shall forward to the division of plannin , ','
,
�ea�th; who which shall cause due investigation to be made and shall make report to the
council within thirty (30) days, through the Department of Safetv and Insuections
mspeetar•
(c) Hearing; council approval. Upon receipt of the report of the Devarhnent of Safety and
Insoections inspeetar, the council shall set a hearing on the application at which
interested parties shall be heard. Following hearing, the council may issue a license if it
finds the proposed business and its location are in accord with the public interest.
Section 187
Section 424.04 of the Saint Paul I,egislative Code is hereby amended to read as follows:
S ec. 424.04. Insp ection.
It shall be the duty of such members of the departmeirt Department of Safetv and
Inspections as the director thereof may detail for such duties to inspect
all such filling stations at various and reasonable times for the purpose of ascertaining whether
the provisions of all ordinances and laws pertaining to precaution against damage from fire have
been complied with in the conshuction, operation and maintenance of said filling stations, and to
enforce the same. Such inspection may also be made at any reasonable time for the purpose of
ascertaining whether construction, remodeling or repairs have been accomplished in accord with
plans or specifications required to be filed with the city.
150
��- \ ��
8186
8187
8188
8189
8190
8191
8192
8193
8194
8195
8196
8197
8198
8199
8200
8201
8202
8203
8204
8205
8206
8207
8208
8209
8210
8211
8212
8213
8214
8215
8216
8217
8218
8219
8220
8221
8222
8223
8224
8225
8226
8227
8228
8229
8230
8231
8232
8233
8234
8235
8236
8237
8238
8239
8240
Section 188
Section 426.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 426.05. Licensing requirements.
(a) Application. An applicarion for a license shall be made at the Department of Safety and
Tnspections by filing the annual license fee and by complering an
applicarion form. The application form, which shall be prepazed by the Department of
Safety and Inspections inspcctor and approved by the city council, shall contain the
following informarion:
(I ) A descriprion 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 corporarion, and any other person or corporarion 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 subpazagraph (2) of this
paragraph (a) have been anested or convicted.
(4)
(5)
(6)
A description of the services to be offered.
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.
The previous experience of the persons named in subparagraph (2) of this
paragraph (a) in a cabazet or similar business.
(7) A statement as to whether the persons named in subparagraph (2) 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.
�
The
In the case of an adult cabaret, written proof that each employee is at least
eighteen (18) years of age.
will then be reviewed by the
departrnent and such other departments as shall be deemed necessary. The deparhnents will
thereafter submit their reports and recommendations to the Department of Safetv and
Insuections , who will submit all of the reports and recommendations of
the other departments together with the Department of Safetv and Inspections' inspeetar`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 thiriy (30) days before a public hearing on an application
for a license, the Department of Safetv and Insnections
shall notify by mail all owners and occupants who own
151
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8242
8243
8244
8245
8246
8247
8248
8249
8250
8251
8252
8253
8254
8255
8256
8257
8258
8259
8260
8261
8262
8263
8264
8265
8266
8267
8268
8269
8270
8271
8272
8273
8274
8275
8276
8277
8278
8279
8280
8281
8282
8283
8284
8285
8286
8287
8288
8289
8290
8291
8292
8293
8294
8295
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 deparlment, 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 neazest point of the properiy 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 Department of Safety and Inspections ofiffce
shall submit to the city council a list of the
names and addresses of each person or organizafion to whom norice was sent, and
certificarion of such list by the clerk shall be conclusive evidence of such notice. The
failure to give mailed norice 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 pazagraph (b) has been made. A bona fide attempt is evidenced by a
notice addressed to "owner" and to "occupanY' 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 Shepazd 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 discrerion 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)
�Z)
The character and suitability of the area or neighborhood in which the licensed
premises is to be located; and
Traffic congestion and pazking 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, tbat 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 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 189
Section 426.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
152
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829�
8298
8299
8300
8301
8302
8303
8304
8305
8306
8307
8308
8309
8310
8311
8312
8313
8319
8315
8316
8317
8318
8319
832�
8321
8322
8323
8324
8325
8326
8327
8328
8329
8330
8331
8332
8333
8334
8335
8336
8337
8338
8339
8340
8341
8342
8343
8344
8345
8346
8347
8348
8349
8350
Sec. 426.06. Adverse action; grounds for suspension, revocation, or denial.
The city council may consider the taking of adverse acrion 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 acfion any activiTy on the part of the applicant or licensee,
which acrivity 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 if the applicant or persons in his
employ aze not complying with or have a history of violafions of the laws and
ordinances that apply to public health, safety or morals.
***
(11) It shall be grounds for the denial, suspension or revocation of the license if any
aforemenrioned person or persons shall refuse to permit any police officer or
inspector employed in the Department of Safety and Insnections citp'rfire
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) yeazs of age.
Section 190
Section 426.0"7 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 42b.07. Submission of plans and specifications.
All persons who hereafter construct, extensively remodel or convert buildings or
facilities for use as a cabazet or adult 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 conshuction materials, size and type of equipment and
facilities shall be filed by the owner in the Department of Safety and Insvections - POrnco-oi
.A
building permit shall not be issued for any such conshuction, remodeling or alteration until such
permit shall have the approval of the Deparlxnent of Safety and Inspections �ivisi�r,-efpttblie
$c�tlth.
Section 191
Section 426.09 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 426.09. Rules and regulations; director of Department of Safety and Inspectionq
may promulgate.
The director of the Denariment of Safetv and Insnections ' 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 Deoartment
153
O� � �kQ
8351
8352
8353
8354
8355
8356
8357
8358
8359
8360
8361
8362
8363
8364
$365
8366
8367
8368
8369
5370
8371
8372
8373
8374
8375
8376
8377
8378
8379
8380
8381
8382
8383
8384
8385
8386
8387
8388
5389
8390
8391
8392
8393
8394
8395
8396
8397
8398
8399
8400
8401
8402
8403
8404
8405
of Safetv and Inspections inspectar, and amendments thereof shall be effective twenty (20) days
a$er 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.
Section 192
Section 427.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 427.05. License requirements.
(a) AppZication. The initial application for a license shall be made at the Department of
Safety and Inspections by filing the annual license fee and by
complering an application form. The application form, which shall be prepazed by the
Deparhnent of Safely and Inspections inspcctor and approved by the city council, shall
contain the following infoxmation:
(1) A descriprion and locarion of the premises to be licensed. The detailed plans of
the premises and funiishings shall be attached to the application; including a site
plan showing the off-street pazking.
(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 fmancial 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 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) far the three (3) years immediately
preceding the date of application.
(6) The previous experience of the persons named in subparagraph (2) of this
paragraph (a) in a health/sport club ar similar business.
(7) A statement as to whether the persons named in subpazagraph (2) 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.
Such application will then be reviewed by the Deparhnent of Safety and Insvections
� � � , � � � ' ' ' , olice department and such
othez 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; notification. At least thirry (30) days before a public hearing on an applicarion
for a license, the Department of Safetv and Insoections
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
154
o� ��-1�
8406
8407
8408
8409
8410
8411
8412
8413
8914
8415
8416
8417
8418
8419
8420
8421
8422
8423
8429
8425
8426
8927
8428
8A29
8430
8431
8932
8433
8434
8435
8936
8437
8438
8439
8440
8441
8442
8443
8444
8445
8446
8447
8448
8449
8450
8451
8452
8453
8454
8455
8456
8457
8458
8459
8460
registered with said deparlment, of the time, place and purpose of such hearing, said three
hundred (300) feet being calculated and computed as the distance measured in a siraight
line from the neazest point of the properry line in which the business is to be operated to
the neazest point of the properry line owned, leased or under the control of the resident.
Prior to the hearing date, the Department of Safetv and Inspecrions�rffrccvfiiccnsc,
shall submit to the city council a list of the
names and addresses of each person or organization to whom notice was sent, and
certificarion of such list by the clerk shall be conciusive evidence of such notice. The
failure to give mailed norice to owners or occupants residing within tluee hundred (300)
feet, or defects in the notice, shall not invalidate the license, provided a bona fide attempt
to comply with this pazagraph (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 notificarion 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 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
welfare, including, but not limited to, the following:
(1)
�z)
(3)
The chazacter and suitability of the azea or neighborhood in which the licensed
premises is to be located;
The proximity of the site for the healthisport club to churches, schools,
playgrounds, parks or other community facilities adversely affected; and
Traffic congestion and parking problems.
(d) Basis for denial. Upon the recommendation of the license inspector and in accordance
with the procedures in section 310.04 and 310.05 of this Legislative Code, 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, or the grounds
specified in section 310.06 of this Legislative Code.
(e) Restrictions may be inzposed. 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 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, or impose
conditions as permitted by section 310.06(c) of this Legislative Code.
Section 193
Section 427.06 of the Saint Paul Legislative Code is hereby axnended to read as follows:
155
o�-`��
8461
8462
8463
8464
8465
8466
8467
8468
8469
8470
8471
8472
8473
8474
8475
8476
8477
8478
8479
8980
8481
8482
8483
8484
8485
8486
8487
8488
8489
849Q
8491
8492
8493
8494
8495
8496
8497
8498
8499
8500
8501
8502
8503
8504
8505
8506
8507
8508
8509
8510
8511
8512
8513
8514
8515
Sec. 427.06. Adverse action; grounds for 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 secrion, and in confornuty with the procedures required
by secrion 310.05 of this L,egislative Code; 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 if the applicant or persons in his
employ are not complying with or have a history of violations of the laws and
ordinances that apply to public health, safety or morals.
***
(11) It shall be grounds for the denial, suspension or revocation of the license if any
aforemenrioned person or persons shall refuse to permit any police officer or
inspector employed in the Denartment of Safetv and Inspections eitq`s�frre
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 of its employees are 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 health(sport club if any employee is under eighteen (18) years of age.
Section 194
Section A27.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 427.07. Construction, maintenance and staff requirements.
The following requirements shall apply to the construcrion, maintenance and staffing of
the licensed premises:
(1) All sauna rooms, restrooms and bathrooms used in connection with the licensed
premises shall be constructed of materials which are impervious to moisture,
bacteria, mold or fungus growth. The floor-to-wall and wall-to-wall joints shall be
constructed to provide a sanitary cove with a minimum radius of one (1) inch.
***
(12) At least one (1) employee or manager, trained and qualified in first aid and CPR
according to standards established by rule by the Deuartment of Safety and
Insuections , shall be
on duty at all times that the licensed premises are in operation or open to
members or the public. Such standards shall be in conformity with standards and
guidelines established by the American Red Cross with respect to water safety
inshuctors or by the American Heart Association for similaz purposes.
156
�� \ a�
8516
8517
8518
8519
8520
8521
8522
8523
8524
8525
8526
8527
8528
8529
8530
8531
8532
8533
8534
8535
8536
8537
8538
8539
854�
8591
8542
8593
8544
8545
8546
8547
8548
8599
8550
8551
8552
8553
8554
8555
8556
8557
8558
8559
8560
8561
8562
8563
8569
8565
8566
8567
8568
8569
8570
Section 195
Section 427.08 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 427.08. Submission of plans and specificafions.
All persons who hereafter construct, extensively remodel or convert buildings or
facilities for use as a health/sport club 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 construcrion materials and locations, size and type of equipment
and facilities shall be filed by the owner in the Deuartment of Safetv and Inspections officc�of
.A
building permit shall not be issued foz any such construction, remodeling or alteiation until such
perxnit shall have the approval of the division of public health.
Section 196
Section 42710 of the Saint Paul Police Deparhnent is hereby amended to read as follows:
Sec. 427.10. Rules and regulations; director of Department of Safety and Inspections
may promulgate.
The director of the Debartment of Safetv and Inspections 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 healttilsport clubs. Such rules and
regulations shall be effective when filed in the office of the city clerk and Department of Safetv
and Insvecrions nispeetar, and amendments thereof shall be effective twenty (2�) 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.
SecYion 197
Section 427A.Q5 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 427A.05. License requirements.
(a) Application. The initial application for a license shall be made at the Deparkment of
Safetv and Inspections by filing the annual license fee and by
completing an application form. The application form, which shall be prepared by the
Department of Safety and Insvections inspeetarand 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 corporaYion, all the names and addresses of the
officers of such corporarion, and any other person or corporation which may have
a fmancial interest in the premises to be licensed.
(3)
(4)
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 convicted.
A description ofthe services to be offered.
157
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8577
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8580
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8585
8586
8587
8588
8589
8590
8591
8592
8593
8594
8595
8596
8597
8598
8599
8600
8601
8602
8603
8609
8605
8606
8607
8608
8609
861�
8611
8612
8613
8614
8615
8616
8617
8618
8619
8620
8621
8622
8623
8624
8625
(5) Written proof that each employee is at least eighteen (18) yeazs of age.
(6) The business, occupation or employment of each of the persons named in
subpazagraph (2) of this paragraph (a) for the three (3) years immediately
preceding the date of application.
(7) The previous experience of the persons named in subparagraph (2) of this
pazagaph (a) in a health/sport club or similaz business.
(8) A statement as to whether the persons named in subparagraph (2) 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.
Such application will then be reviewed by th ,'
, oiice department, and such other departments as shall
be deemed necessary. Such departments will thereafter submit their reports and
recommendations to the Department of Safety and Insuections , wtm
which will submit all of the reports and recommendations of the other deparhnents, together with
the Deuartment of Safety and Inspections' inspector`s report and recommendation, to the Saint
Paul City Council. The city council, following a public heazing, shall either grant or deny the
license in accordance with the procedures set forth in Chapter 310 of this Code.
(b) Hearing; noti, fication. At least thirry (30) days before a public hearing on an application
for a license, the Department of Safety and Inspections
shall norify 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 such department, of the time, place and purpose of such hearing, such
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 Depariment of Safetv and Insnections vffree
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 paragxaph (b) has been made. A bona fide attempt is evidenced by a
notice addressed to "pwner" and to "occupanY' 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 afford the applicant and all interested parties a public
hearing, and shall have the discretion to consider in gtanting, denying or renewing the
158
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8629
8630
8631
8632
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8635
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8639
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8641
8642
8693
8644
8645
8696
8647
8698
8649
8650
8651
8652
8653
8654
8655
8656
8657
8658
8659
8660
8661
8662
8663
8664
8665
8666
8667
8668
8669
8670
8671
8672
8673
8674
5675
8676
8677
8678
8679
8680
license any reasonable fact or circumstance relating to the public health, safety and
welfare, including, but not limited to, the following:
(1)
�2)
(3)
The chazacter and suitability of the azea or neighborhood in which the licensed
premises is to be located;
The proximity of the site for the adult health/sport club to churches, schools,
playgrounds, parks or other community facilities adversely affected; and
Traffic congestion and pazking problems.
(d) Basis for denial. The council may deny an application for renewal or grant of a license on
the basis of a deternvnation 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, or the grounds specified in section 310.06 of this Legislative Code.
(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 condations 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 of this Legislative Code.
Section 198
Section 427A.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 427A.06. Adverse action; grounds Sor suspension, revocation.
The city council may consider the taking of adverse action regarding a license application
or licensed business as set forth in this section, and in conformity with the procedures required
by section 310.05 of this Legislative Code; 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 if the applicant or persons in his
employ are not complying with or have a history of violations of the laws and
ordinances that apply to public health, safety or morals.
(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 fmancial
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, which
conviction may be used for that purpose under Minnesota Statutes, Chapter 364.
(3)
(4)
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 and State of Minnesota.
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.
159
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8682
8683
8684
8685
8686
8687
8688
8689
8690
5691
8692
8693
5694
8695
8696
8697
8698
8699
8700
8701
8702
8703
8704
8705
8706
8707
8708
8709
8710
8711
8712
8713
8719
8715
8716
8717
8718
8719
8720
8721
8722
8723
8724
8725
8726
8727
8728
8729
8730
8731
8732
8733
8734
8735
(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 inirially licensed without prior approval of the city council.
CC�;
��)
Licenses may be ganted only to establishments wluch can meet the requirements
of the health, housing, building, £ue and zoning code regulations of the City of
Saint Paul and State of Minnesota.
It shall be grounds for denial, suspension or revocation of the license if there is
any fraud or deception involved in the license application or license renewal.
(8) It shall be grounds for suspension or revocaUon of the license if the licensee,
owner, lessee or manager of the adult health/sport club fails to comply with any
of the ordinances of the City of Saint Paul or statutes of the State of Minnesota
pertaining to the licensed premises.
(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 Department of Safety and Insvections citp's
hours.
inspect the premises or operations during normal
(12) It shall be grounds for the denial, suspension or revocation of a license if the
licensee or any of its employees are found to be in violarion of the provisions of
this chapter.
(13) It shall be grounds for the denial, suspension or revocation of the license of any
adult health/sport club if any employee is under eighteen (18) years of age.
Section199
Section 427A.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 427A.08. Submission of plans and specifications.
All persons who hereafter conshuct, extensively remodel or convert buildings or
facilities for use as an adult health/sport club 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 and locations, size and type of
equipment and facilities shall be filed by the owner in the Department of Safetv and Inspectic
A building permit shall not be issued for any such construction, remodeling or alteration until
160
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8738
8739
8'7 4 0
8741
8742
8743
8744
8745
8746
8747
8748
8749
8750
8751
8752
8753
8754
8755
8756
8757
8758
8759
8760
8761
8762
8763
8764
8765
8766
8767
8768
8769
8770
8771
8772
8773
8779
8775
8776
8777
8778
8779
8780
8781
8782
8783
8789
8785
8786
8787
8788
8789
8790
such permit shall have the approval of the division of public health.
Section 200
Section 427A.10 of the Saint Paul L,egislative Code is hereby amended to read as follows:
Sec. 427A.10. Rules and regularions; director of Department of Safetv and Inspections
may promulgate.
The director of the Deuariment of Safety and Inspections � hall
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 adult health/sport clubs. Such rules
and regulations shall be effective when filed in the offace of the city clerk and Deparhnent of
Safety and Inspections inspeetor, 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.
Section 201
Section 428.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 428.05. License requirements.
(a) Application. The initial application for a license shall be made at the Devarhnent of
Safety and Inspections by filing the annual license fee and by
completing an application form. The application form, which shall be prepared by the
Deparhnent of Safety and Inspections inspeetor and approved by the city council, shall
contain the following information:
(1) A description and location of the premises to be licensed. The detailed ptans of
the premises and fumishings shall be attached to the application.
(2) Names and addresses of the property owner, the business owner, the lessee, the
managex 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
pazagraph (a) have been arrested or convicted.
(4)
(5)
(6)
��)
�g)
A description of the services to be offered.
In the case of an adult steam room/bath house, written proof that each employee
is at least eighteen (18) years of age.
The business, occupation or employment of each of the persons named in
subparagraph (2) of this pazagraph (a) for the three (3) years immediately
preceding the date of application.
The previous experience of the persons named in subparagraph (2) of this
paragraph (a) in a steam room/bath house or similar business.
A statement as to whether the persons named in subparagraph (2) of this
pazagraph (a) have had any license denied, revoked or suspended in the City of
161
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,
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.,
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.
Such application will then be reviewed by th
, olice department and such other departments as shall
be deemed necessary. Such departments will thereafter submit their reports and
recommendations to the Department of Safetv and Inspecrions , wh8
which will submit all of the reports and recommendarions of the other deparhnents, together with
the Department of Safetv and Inspections' 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; notifzcation. At least thirty (30) days before a public hearing on an applicarion
for a license, the Denartment of Safetv and Inspections ,'
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 tune, 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.
Priar to the hearing date, the Department of Safetv and Insnections efi&ee-�f
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 pazagraph (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
regazdless 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; Shepazd Road to Chestnut Street.
(c) Hearing. The city council shall afford the applicant and all interested parties a public
hearing, and shall have the discrerion 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;
(2) The proximity of the site for the steam room/bath house ar adult steam room/bath
house to churches, schools, playgrounds, pazks or other community facilities
adversely affected; and
(3) Traffic congestion and parking problems.
162
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(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 secrion.
(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 conditions and restrictions on the manner and circumstances
under which the licensed acriviries shall be conducted to preserve the public peace and
protect and promote good order and security.
Section 202
Section A28.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 428.06. Adverse action; grounds for 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 if the applicant or persons in the
applicant's employ are not complying with or have a history of violations of the
laws and ordinances that apply to public health, safety or morals.
(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 and 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 application 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.
(6)
��)
�g)
Licenses may be granted only to establislunents 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.
It shall be grounds for denial, suspension or revocation of the license if there is
any fraud or deception involved in the license application or license renewal.
It shall be grounds for suspension or revocation of the license if the licensee,
owner, lessee or manager of the steam roomJbath house or adult steam roomJbath
163
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8902
8903
8904
8905
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8907
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8910
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8913
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8915
8916
8917
8918
8919
8920
8921
8922
8923
8929
8925
8926
8927
8928
8929
8930
8931
8932
8933
8934
8935
8936
8937
8938
8939
8940
8941
8942
8943
8944
8945
8946
8947
8948
8949
8950
8951
8952
8953
8954
8955
house fails to comply with any of the ordinances of the City of Saint Paul or
statutes of the State of Minnesota pertaining to the licensed premises.
(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 fmancial
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 Department of Safety and Inspections city�s
administratioa-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, owner, lessee, managex or any of its employees are found to be in
violation of the provisions of this chapter.
(13) It shall be grounds for the denial, suspension or revocation of any adult steam
room/bath house license if any employee is under eighteen (18) years of age.
Section 203
Section 428.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 428.08. Submission of plans and specificatious.
All persons who hereafter construct, extensively remodel or convert buildings or
facilities for use as a steam room/bath house or adult steam room/bath house 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 and
locations, size and type of equipment and facilities shall be filed by the owner in the Deuartmer
of Safetv and Insnections
. A building permit shall not be issued for any such construction,
remodeling or alteration until such permit shall have the approval of the Department of Safetv
and Inspections � .
Section 204
Section 429.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 429.04. Licensing requirements.
(a) Application. An application for a license shall be made at the Department of Safety and
Inspecrions by submitting the annuallicense fee and completing
the application form. The application form shall contain such informarion as may be
required by the Department of Safetv and Inspections nispeetar, including, but not
limited to:
164
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8957
8958
8959
8960
8961
8962
8963
8964
8965
8966
8967
8968
8969
8970
8971
8972
8973
8974
8975
8976
8977
8978
8979
8980
8981
8982
8983
8989
8985
8986
8987
8988
8989
8990
8991
8992
8993
8994
8995
8996
8997
8998
8999
9000
9001
9002
9003
9004
9005
9006
9007
9008
9009
9010
(1)
(2) Names and addresses of the property owner, the business owner, the lessee, the
manager and/or operator, and if a corporation the names and addresses of the
officers and duectors of the corporation, and all other persons, firms or
corporations which may have a financial interest in the premises to be licensed or
the business to be conducted on the premises.
(3)
���
(5) The application shall include evidence that the building official has issued a
certificate of occupancy for the premises pursuant to section 33.02 of this
Legislative Code.
(6) The application shall include a copy of its proposed management plans prepared
for compliance with Minnesota Statutes, Section 116.79. Such plans shall have
been submitted to the inspector either before or at the same time such plans are
submitted to the state commissioner of the pollution control agency, for the
purpose of permitting the city to review such plans and make appropriate
comment thereon.
The
seiroi�ees for compliance with applicable codes, regulations, ordinances and statutes. The
foregoing will submit their reports to the De�ariment of Safetv and Inspections inspeetor, vvhe
wluch shall submit �isar its own report and recommendation to the council with the reports
of the foregoing attached. The council, following a public hearing, shall grant or deny the license
application in accordance with the procedures set forth in Chapter 310 of this Legislative Code.
(b) Hearing; notification. At least forty-five (45) days before a public hearing on an
application for a license, the Department of Safetv and Inspections -`�-._"� :,
shall notify by mail all owners and occupants
who own property ar reside within three hundred fifty (350) feet of the property line of
the business to be licensed, and all community organizations that have previously
registered with such deparhnent, of the time, place and purpose of such hearing. The
three-hundred-fifty-foot distance shall be measured in a straight line from the nearest
point of the property line on which the licensed business is to be operated to the nearest
point of the property line whose owner and/or occupant is to be notified; however, when
the licensed premises is located in a commercial or industrial pazk or complex, the three-
hundred-fifty-foot distance shall be measured in a straight line from the nearest corner of
the building in which the licensed premises is located to the nearest point of the property
line whose owner and/or occupant is to be notifed. This notice requirement is not
jurisdictional, and errors, omissions or other defects in the measurement or notification
shall not invalidate any action taken by the council. These notice requixements do not
apply to locations with the downtown business district as that area is defined in section
409.11 of this Legislative Code.
(c) Hearing. The council shall afford the applicant and all interested parties a public hearing
on the applicarion.
The location and a description of the premises to be licensed. Detailed plans of
the site, including land, buildings, structures and interior equipment and floor
plans, shall be attached to the application.
A descriprion of the services to be offered and the operations to be conducted on
the premises.
The applicarion shall include a site plan, which site plan shall be reviewed and
approved in accordance with secrion 62.108 of this Legislative Code.
will then be reviewed by the Department of Safetv and Inspections divisian
165
C��t-��-l�
9011
9012
9013
9014
9015
9016
9017
9018
9019
9020
9021
9022
9023
9024
9025
9026
9027
9028
9�29
9030
9031
9032
9033
9034
9035
9036
9037
9038
9039
9040
9041
9092
9043
9044
9045
9046
9047
9048
9049
9050
9051
9052
9053
9054
9055
9056
9057
9058
9059
9060
9061
9062
9063
9064
9065
(d) Basis for denial. The council may deny an application for the grant or renewal of a
license on the grounds set forth in section 310.06 of this Legislative Code or on one (1)
or more of the following:
(1)
�2)
(3)
(4)
Violarions of one (1) or more of the prohibitions or requuements of this chapter
or of state law or regulation relating to infectious wastes.
The site plan for the premises has not been approved.
A certificate of occupancy has not been issued for the facility or building.
The applicant or licensee is not in substantial compliance with its management
plans as developed in compliance with state law.
(e) Restrictions may be imposed. The council may impose reasonable conditions and
restrictions upon any license hereunder pursuant to the provisions of section 310.06 of
this Legislative Code.
Section 205
Section 429.Ob of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 429.06. Regulation.
(a) Compliance with state law. The licensee shall comply with all provisions of the
Minnesota Infectious W aste Control Act and regulations issued thereunder and shall
comply with the provisions of any management plan approved under applicable state law.
(b) Exclusion of hazardous waste. No licensed infectious waste processing facility shall
accept, handle, store or process hazardous waste as defined under section 60.208 of this
Legislative Code, except that this prohibition shall not apply to any hazardous waste
which also meets the definition of infectious waste above.
(c) Prohibition of excessive noise, dust and odors. The licensee shall take all steps necessary
to prevent the escape of noise, dust and odors from the licensed facility hereunder. Noise
in violation of Chapter 293 of this Legislative Code is excessive. Dust and/or odors
which unreasonably annoy, injure or endanger the safety, health, morals, comfort or
repose of a considerable number of inembers of the public are excessive.
(d) Employee facilities. Each licensee shall provide for its employees on the site of the
licensed premises sufficient personal sanitary facilities so as to be in full compliance with
all applicable fue, health, building and life safety codes.
(e) Rodent, vermin and pest control. The licensee shall take all necessary steps to control
rodents, vermin and other pests in or in proxunity to the licensed facility which might
serve as harborages far such rodents, vermin and other pests. Infestations of rodents and
vermin shall be grounds for adverse action against the license.
(fj Submission ofapproved managementplans. The licensee or applicant shall notify the
Department of Safetv and Inspections of any modifications
required by the state commissioner of the pollution control agency to the management
plans submitted pursuant Minnesota Statutes, Section 116.79, within ten (10) days
following notice to the licensee or applicant of such requirements.
166
O�l ���'l
9066
9067
This Ordinance shall take effect and be in force thirry (30) days following its passage, approval,
and pubfication.
Section 206
�
,,, ,
4 �
Requested by Department of:
R
l/�//�4L1 �2f1 �D47
Adoption Certified by Coun 1 Secretary
B .�/
Approved by Mayor: Dat�a c� OO �'
BY _ �� P. t��-�-...�
By: �
Form Approve ay
By:
� E� sct
i6� �R �,� ��
Submission to Council
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� /`��
�p — License/Inspection/Env"uon&ot
ZSJAN-0�
Green Sheet NO: 3036443
Confact Person 8 Phone:
Rachel Gunderson
26G8710
Doc. Type:
E-Document Required: Y
Dacument Contacf� Julie Kraus
ContactPhone: 266-8776
N
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
0 � icensellnspectiodEnvirou Prot I I
1 �J.icensriinspectionlEnv'aonYre3 . Dens��tDircv:tor {
2 i Attorn
3 !M%ror's OSice MayodAssisiani
4 oancil
5 i C7erk Ci Clerk
Approval of the attached ordinance amending the Saint Paul Legislarive Code to reflect the creation of the new Department of Safety
and Inspecrions.
�aanons: npprove �H� or n
Planning Commission
CIB Committee
Civil Sentice Commission
�
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this personffirtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on sepawte sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, Wfien, Where, Why):
Due to these changes in the legislative code, the following duries were eliminated: Secrion 48-02 - Condominium Conversion
Notification; Section 92-Child Caze for Low Income Families; Sec6on 164.01-Public Health Center Pazking Lot; Secrion 205.01-
Regishation of Birtivs and Deaths and 5ection 251-Distribution of Sample Medicines. In addition to the elimination of certain duties
all references to the Office of LIEP and NfIPI have been deleted and changed to the new deparlment name the Department of Safety
and Inspections. Other outdated references have also been updated. Finally, some duties have been clarified.
AdvaMages If Approved:
Disadvantages If Approved:
JAN 2 6 2007
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Intormation:
(Expiain)
Activity Number: �+'�%�.� °p�ty-'
�' a ..'��:::.
CosURevenue Budgeted:
January 26, 2007 9:10 AM Page 1