95-1517 Council File # 9 � ' /37/7
Ordinance #
Green Sheet #
ORDINANCE
N I NOF S PAUL, MINNESOTA
Presented By so
Referred To Committee: Date
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2
3 Sec. 310.04. Levels of approval; recommendations.
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5 (a) Class I licenses. Where an application for the grant, issuance or renewal of a Class
6 I license meets all the requirements of law, and there exists no ground for denial, revocation
7 or suspension of, or the imposition of conditions upon, such license, the director shall grant,
8 issue or renew said license in accordance with the application.
9
10 (b) Class II licenses. Where an application for the grant, issuance or renewal of a
11 Class II license meets all the requirements of law, and there exists no ground for denial,
12 revocation or suspension of, or the imposition of conditions upon, such license, the director
13 shall grant, issue or renew said license in accordance with the application.
14
15 (c) Class 1 and Class II licenses, if denied by director. In the event the director, in the
16 case of both Class I and Class II licenses, determines that the application for grant, issuance
17 or renewal of the license does not meet all the requirements of law or that there exist grounds
18 for denial, revocation, suspension or other adverse action against the license or the licensee,
19 the director shall recommend denial of the application and follow the procedures for notice
20 and hearing as set forth in section 310.05.
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22 (d) Class III licenses.
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24 (1) Grant, issuance or transfer. Upon receipt of a fully completed application and
25 required fees for a Class III license, and after the investigation required, the
26 director shall notify the council. A public hearing shall be held on the grant or
27 issuance of all Class III licenses. In any case where the director recommends
28 denial of the grant, issuance or renewal of a Class III license, or where the
29 council believes that there is evidence which might result in action adverse to
30 the original or renewal application, the director on his or her own initiative, or
31 at the direction of the council, shall follow the procedures for notice and
32 hearing as set forth in section 310.05. Where the application for the grant,
33 issuance or renewal of a Class III license meets all the requirements of law, and
34 where there exists no ground for adverse action, the council shall by resolution
35 direct that the director issue such license in accordance with law.
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37 (2) Renewal. The director shall in writing notify the council, and the affected
38 neighborhood organization(s) established for citizen participation purposes, at
39 least sixty (60) days before the expiration date of all Class III licenses. A
40 public hearing on the renewal of any such license shall not be held except on
41 the request of a councilmember, which request shall be incorporated in the
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1 form of a council resolution. Upon the passage of such resolution, the director
2 shall give written notice of such hearing to the affected neighborhood
3 organizations. Such public hearing does not replace or amend any of the
4 procedures set forth in section 310.05 of the Legislative Code. If no request for
5 a public hearing is made before the expiration of any such license, and where
6 there exists no ground for adverse action, ... - ., . - .. - -
7 that the director gulf issue the license in accordance with law.
8
9 (e) Appeal; Class I or Class II licenses. An appeal to the city council may be taken by
10 any person aggrieved by the grant, issuance or renewal of a Class I or Class II license;
11 provided, however, that the appeal shall have been filed with the city clerk within thirty (30)
12 days after the action by the director. The only grounds for appeal shall be that there has been
13 an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing
14 and shall set forth in particular the alleged errors of law. The council shall conduct a hearing
15 on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the
16 appellant at least ten (10) days prior to the hearing date. The procedures set forth in section
17 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council
18 may affirm or remand the matter to the inspector or director, or may reverse or place
19 conditions upon the license based on the council's determination that the decision was based
20 on an error of law. The filing of an appeal shall not stay the issuance of the license.
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22 (f) No waiver by renewal. The renewal of any license, whether Class I, II or III, shall
23 not be deemed to be a waiver of any past violations or of any grounds for imposition of
24 adverse action against such license.
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PUUG1AL
mmumall
FEB 101996
Yeas Nays Absent Requested by Department of:
Blakey
Harris
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Guerin
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Thune 1/- t/ By: L
6, 0 I
Adopted by Council: Date R,.„ 'l . \ oc{,
Form Approved by City Attorney
4 Adoption Certified by Counci S ecretary By: /f ' 97
By:` IL a` ' , .��.46c ..__ Approved by Mayor for Submission to
Nff, Council
Approved by -yor/ Da
By: / 0 1 I i Z, BY /`' e seta
._
95=ice
OFFICE OF LIEP Date: 12/7/95 GREEN SHEET
DEC 08 1195 N 35214
Ro • ert Rees er -9 , ,,:, !
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Must be on Council Agenda by:
ASAP .. «•;.�n;..:�_,4.���:,�
TOTAL OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE
ACTION REQUESTED:
In 1994, City Council approved an ordinance to amend Chapter 310 of the LC
pertaining to Licensing, streamlining the licensing process so that certain
Class III renewals could be approved administratively. This housekeeping
change is needed to clarify the code on this procedure.
EECO*ENDATIONS: APPROVE (A) OR REJECT (R) PERSONAL SERVICE CONTRACTS NEST ANSI= ENE FOLLOWING:
_ PLANNING COMMISSION _ CIVIL SERVICE CONIIISION 1. Has the person /firm ever worked under a contract for this department?
CIA COMMITTEE YES NO
_ STAFF _ 2. Has this person /firm ever been a City epployee?
_ DISTRICT COURT YES NO
3. Does this parson /firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
Explain all YES answers on a separate sleet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, WAY):
Delays in the licensing process which result in undo burden for the license
applicant.
ADVANTAGES IF APPROVED:
Will allow license renewals of those Class III establishments where no grounds
for adverse action exist and no request for public hearing has been made.
DISADVANTAGES IF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
The possibility for continued license delays would remain.
TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED YES NO}
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
Council Research Center
DEC 1LI1995