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08-1149Council File # 08-1149 Green Sheet # 3060915 ORDINANCE � � OF SAINT PAUL, MINNESOTA Presented by An Ordinance Amending Chapter 427 of The Saint Paul Legislative Code To Require Insurance. 4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 6 Section 1 �(/Q� 8 Section 427.05 of the Saint Paul Legislative Code is hereby amended to read as follows D �� ��ZOp 0 10 Sec. 427.05. License requirements. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (a) Application. The initial application for a license shall be made at the department 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 department of safety and inspections 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 fumishings shall be attached to the application; including a site plan showing the off-street parking. (2) Names and addresses of the property owner, the business owner, the lessee, the manager or operator and, if a corporation, all the names and addresses of the officers of such corporation, and any other person ar corporation which may have a financial interest in the premises to be licensed. (3) A descriprion 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) for 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 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. Such application will then be reviewed by the department of safety and inspections police department and such other deparhnents 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) Insurance. Each apnlicant for a license or renewal under this chapter shall file with the department of safetv and inspections a liability policv or certificate of insurance from a comuanv authorized to do business in the state of Minnesota. The insurance nolicv shall insure the applicant a¢ainst anv and all liabilitv incuned for iniuries to persons or pronerty in the use or oneration of the health/sport club includine fitness only facilities The nolicv of insurance shall be in the limits of not less than those provided for municipalities under Minnesota Statute §466 04 All insurance policies hereunder shall continue to nrovide covera�e durine the license neriod and exnire on the anniversary of the license � �'� 08-1149 43 44 45 46 4� 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 (b) Hearing, notification. At least thirty (30) days before a public hearing on an application for a license, the deparhnent 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 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 depaxtment of safety and inspections shall submit to the city council a list of the names and addresses of each person or organization to whom notice was sent, and certification of such list by the clerk shall be conclusive evidence of such notice. The failure to give mailed notice to owners or occupants residing within three hundred (300) feet, or defects in the notice, shall not invalidate the license, provided a bona fide attempt to comply with this paragraph (b) has been made. A bona fide attempt is evidenced by a notice addressed to "owner" and to "occupant" 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 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 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 Wamer 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 67 hearing, and shall have the discretion to consider in granting, denying or renewing the license any 68 reasonable fact or circumstance relating to the public health, safety and welfare, including, but not limited 69 to, the following: 70 (1) The character and suitability of the azea or neighborhood in which the licensed premises is 71 to 72 73 74 75 76 77 78 79 80 81 82 83 84 85 be located; (2) The proximity of the site far the healtl�/sport club to churches, schools, playgrounds, parks or other community facilities adversely affected; and (3) 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 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. 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. � �0• IS •O8 08-1149 86 Section 2 87 88 This Ordinance shall take effect and be in force thiriy (30) days following its passage, approval and 89 publication. ���d,ISI��� �FC 1 � 1D0� Yeas Nays Absent Bostrom �/ Carter Harris ,/ Helgen � Lantry � Stazk � Thune y - 7 Adopted by Council: Date ���/�`jJ,� Adoption Certified by Cou Secretary BY� ./f /l� ,1 iv�n Approve y ayorf/ Date �/� �1 /0 $` BY� l �L�� a �— Requested by DeparhnentoE By: Approved by the Office of Financial Services � Appro y City Attorney By: (L \ i� • � • � Approved by Mayor for Submi sion to Council By: PUBLISH�� ��� � � Z�OD � Green Sheet Green Sheet 08-1149 � Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUOfficelGouncil: Date Initiated: �o-�°��G� �,6-o�T-oB � Green Sheet NO: 3060915 ' Confact Person 8 Phone: I � Department SentTo Person InitiallDate j I Councilmember Bostrom y I, o ouacst �--� � � 266$ � � 1 Counca �) DenartmeutDirector I � �� ; 2 CityClerk I CSlvClerk I Must Be on Council Agenda by (Date): I Number ; 3 �-- � I For �� I � Routing 4 I I Doa 7ype:ORDINANCE Orcler 5 I i � � i i E-Document Required: Y i Document Contact: I Conqct Phone: Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: An Ordinance amending Chapter 427 of the Saint Paul Legislative Code to require insurance for Exercise Only Health Clubs. Recommendatlons: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this person�rm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2- Has this person/firm ever been a city employee? Yes No 3. Does this perso�rm possess a skill not normally possessed by any current city emplayee? Yes No Explain all yes answers on separale sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Appmved: Disadvantages If Appraved: . Disadvantages If Not Approved: Total Amount of 7rensaMion: CosURevenue Budgeted: Fu�ding Source: Activity Number: Pinancial Information: (Explain) October 16, 2008 1:19 PM Page 1