278390 WHITE - CITY CLERK �
PINK - FINANCE ����0
CANARY - DEPARTMENT G I TY O F SA I NT PA LT L COl1RC11 t
BLUE - MAYOR File N O.
Ordin�nce orainance N0. � (D ���
Presented By
Referred To Committee: Date
Out of Committee By Date
An ordinance amending Chapter 415
of the St. Paul Legislative Code relating
to motion picture theatres by adding a new
section dealing with the basis for denial
or rescission of motion picture trheatre
licenses.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Chapter 415 of the St. Paul Legislative Code is hereby
amended by adding a new section, Section 415.05, to read as follows:
"Section 415.05. Exclusivity. Notwithstanding
the provisions of Section 310.06 of this Code, Section
415.04 shall exclusively contain the bases for any
denial or rescission of a license issued pursuant to
this chapter."
Section 2.
This ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication.
COUl�1CILME(V Requested by Department of:
Yeas Nays �
Hunt
Levine [n Favor
Maddox
McMahon �
Showaiter Against BY
Tedesco
wlson
Adopted by Council: Date
MAR 2 5 1982 Form Approved by City Attorney
Certifie assed y C cil e�retary BY ��''�' �' ����P'a•�
. �
Y
App by Mayor: e MAR 2 9 1.�?�? Approved by Mayor for Submission to Council
By By
��'ilBLISNED APR 3 1982
�,,, ,, CITY OF SAINT PAUL
,4'� �; OFFICE OF THE CITY ATTORNEY
O y -
�� ����������� � EDWARD P. STARR, CITY ATTORNEY
� ���� 647 City Hall,Saint Pau�, Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR /°+ �
� � Z- � �� f�
March 1, 1982 �
M E M 0 R A N D U M
T0: Joseph Carchedi
License Inspector
FROM: Jane McPeak
Assistant City Attorney
RE: Amending Chapter 415
On Januar 18, 1982, Judge Diana Murphy ruled that Section 510.06,
Subd. 2(9� of the St. Paul Legislative Code which appears now at
Section 310.06, Subd. 2(9) was unconstitutional as applied to
First Amendment activity. Her ruling arose out of the case of
Von Feldt v. Ma.ddox, et al. which is still pending in Federal _
District Court.
Given Judge Murphy' s ruling, I think it would be advisable to
amend Chapter 415 of the Code so that the provisions of 310.06
do not apply to theatre licenses. Enclosed herewith please find
that amendment.
JAM:jr
Enc.
310.06 (9) The licensee or applicant has shown by misconduct, RECEIVED
unfair acts or dealings, or by the frequent abuse � '�•''S'^^� OF LICENSE �*��
of alcohol or other drugs, that such licensee ��'������l�r ADMINISTRAii,_. ��
or applicant is not a person of the good moral
character or fitness required to engage in a i? 2 19�?2
licensed activity, business or profession.
�E°,1�Tr!'ENT OF FINr�.R'^�
� �.;�-;�vhGEMENT �ERti -
lst �� - �� 2nd � —
-.__� �� �_ ��
3rd .�-1��'- ��a Adopted_ 3--q7s $a
Yeas Nays
LEVINE
MADDOX / �✓ ��v
i4cMAHON �
�
SHOWALTER F+ !(7�j9O �
TIDESCO
WILSON
PRESIDENT IiUNT
I
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