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261524 � WHITE � - CITY CLERK > � � PINK - S,INANCE < �'� r GITY OF SAINT PAZTL Council (� /� � CANR��¢�I���RTMENT� -J�1��� BLUEt �-�AAAYQR � Flle NO. f'm� r „ ? " . j,, . QrI�ZYI��'l _ V /� '-- • Ordinance N 0. � �92 A� Presented By 1 � � � Referred To C mittee: Date �rt_ � � Out of Committee By Date An Emergency ordi ance amending Chapter 372 of the Saint Paul Legislative Code , specifically pertaining to the licensing and regulating of motion picture theaters . -----_____ THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: ____._--.., Section 1. W�IL���1C,$, 1�y �a memorandum of law issued by a Judge of the Ramsey County�istrict Court on May 30, 1973, per- taining to the constitutionality of Chapter 372 of the Saint Paul Legislative Code as pertains to motion pieture theaters , the court stated that the City of Saint Paul must adopt an explicit set of standards if the City chooses to continue the use of Chapter 372 in regulating motion picture theaters ; and WHEREAS, the same court has advised the City that in the absence of definite standards the licensing authority is un- c.onstitutional ; and WHEREAS,. the licensing and regulation of motion picture theaters is necessary to protect the life , health, welfare and safety of persons , THEREFORE, the Council deems this to be an emergency si��a- ation affecting life , health, property and welfare requiririg immediate Council action amending Chapter 37� of the Saint Paul Legislative Code . Section 2. Chapter 372 of the Saint Paul Legislative Code is hereby amended by adding the following sections : „�� t.,, COUNCILMEN Requested by Department of: Yeas �tler Nays x,mt- Konopatzki In Favor Levine Meredith Agaitlst BY � Roedler Tedesco Mme.President B�t�e�— H111�'� Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By . Approved Mayor: te Approved by Mayor for Submission to Council By By i cR K ' . E • �s1��4 .-ARTME�T , GITY OF SAINT PAITL Council .,,,YOR . File NO. . - . , : � � Or�in�nce Ordinance N�. �.1�y Presented By Referred To Committee: Date Out of Committee By Date Page 7. Section 4. This ordinance shall be deemed a part of the Saint Paul Legislative Code, and shall be incorporated therein and given an appropriate chapter and�or section number at the time of the next revision of said Legislative : Code. COUNCILMEN Yeas �e=. Nays Requested by Department of: Konopatzki � In Favor Levine � Meredith `� Against BY Sp��— Roedler Tedesco Mme.President � R�t, Z 61973 Adopted by Council: Date JU N Form Approved by City Attorney . Certif' as d by Cou ' S r BY By Approved Mayo . Date N 7 Approved by Mayor for Submission to Council By BY ���- �d, �9�3� euB��r� �l�IN 3 0'19T� � • � , . _ , /�r����� � . . .' �,�,� ?�o /�3�2- Page 2. 3'72.02. License Application for Motion Picture Theaters. An application for a motion picture theater license shall be made at the office of the Division of License and Permit Administration of the Department of Finance and Management Services by filing an application form furnished by said department. The application form which will be prepared by the Division of License and Permit Administration of the Department of Finance and Management Services shall be ap- proved by the License Committee of the Saint Paul City Council and shall contain the following information: � l . A description of the design and location of the premises to be licensed. If the premises is not a � constructed and furnished at the time the applij; cation is completed, the detailed plans of the premises and furnishings shall be attached to the application. - 2. ��N�.mes and addresses of the property owner, the business owner, the lessee, the manager or operator, and if a corporation, all the names .;�t' ;. and addresses of the officers of such corporation. 3. A description of any past involvement with a motion picture theater either as property owner, - business owner, lessee, manager oi• operator or officer of a corporation so involved. 4. A statement as to whether the applicant, owner, lessee, manager, operator, or person having a financial interest in the corporation or in the licensed premises has been convicted of any Federal Statute, �tate Statute , or Municipal Ordinance involving the sale, distribution or : exhibition of any obscene book, magazine, pamphlets, photographs, motion picture .film or play. Material is obscene for the purpose of this chapter if the dominant theme of the material taken as a whole appeals to a prurient interest in sex and the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters and the material is utterly without social redeeming value. A description of such conviction should include the time, place, date and disposition. . . , � � ' • • . ����� �,::', , v(l,� F� �j'��"�. Page 3. 5. A statement as to whether the applicant, owner, lessee, manager, operator, or person having a financial interest in the corporation or in the licensed premises as prior owner or lessee or manager or operator of a motion picture theater has been convicted of any state or municipal laws pertaining to health, fire or housing regulations as pertain to motion picture theaters. 6. A statement as to the names and addresses of all persons who have a financial interest in the premises to be licensed or the corporation or person who is applying for said license. The license inspector may inspect all records and books of said applicant to ascertain financial interests of others. The license application shall thereafter be forwarded to the City License Inspector. Such application and�or premises to be licensed will be reviewed by the City Health Department, Building Department, Police Department, and such other depart- ments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the - office of the City License Inspector, who will submit all of the reports and recommendations of departments together with the License Inspector ' s report and recommendation to the License Committee of the Saint Paul City Council . The License Committee of the Saint Paul City Council , following a public hearing, will recommend to the Saint Paul City Council either denial or approval of the license. The license shall be granted or denied by the Saint Paul City Council . 372.03. License Year, Separate License Each Premises. A separate license issued under this chapter shall be obtained for each place of business. The licensee shall display the license on a prominent place on the licensed premises at all times. A license, unless revoked, is for the calendar year, or part thereof, for which it has been issued. , }* � • , ,.. � • � ° � �V.i � ��� QQ� '�24 . lvf��' Page 4. 372.04. Restrictions and Regulations on Movie Theater Licenses. � (A) Motion picture licenses shall be granted only , to establishments which can meet the require- 3 Z ments of the health, housing, building, and fire code regulations of the City of Saint Paul and State of Minnesota. (B) It shall be grounds for denial or rescission of the license if there is any fraud or deception involved in the license application. � � f` (C) It shall be grounds for rescinding a motion � ,. picture theater license if the licensee or his agent or the operator or manager of the motion pic�ure theater fails to comply with any of the ordinances of the City of Saint � Paul or statutes of the State of Minnesota pertaining to �motion picture theaters. (D) It shall be grounds for rescinding a motion picture theater license if the licensee or owner or manager or lessee or any of the employees or person having a financial interest in the premises are found to be in control or' possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises, possession of which is illegal as defined by Minnesota Statutes or Saint ' Paul City Ordinances. � ..� �; (E� It shall be grounds for the rescinding of a � motion picture theater license if the licensee, 'owner, manager, lessee, ox any of the employees or person having a financial interest in the premises are convicted of violating any Federal or State 5tatute or City Ordinance arising within the business establish- ment to which the motion picture theater license was granted under this ordinance. (F) It shall be grounds for rescinding or the denial of any motion picture theater license granted under this ordinance if the premises do not comply with the health, housing, building, and fire regulations of the City of Saint Paul and State of Minnesota. , . . . , •� , . . ' - � �����4 ��d � r��r�- Page 5. (G) It shall be grounds for rescinding or the denial of any motion picture theater license granted under this ordinance if the licensee, owner, manager, lessee, any of the employees, or any person who has a financial interest in the licensed premises , has been convicteci of any Federal or State Statute or Municipal Ordinance pertaining to the sale, distribution or exhibition of obscene material relative to the operation of a motion picture theater license. (H) It shall be grounds for the rescinding of a motion picture theater license granted under this ordinance upon a showing of advertising by the licensee on the exterior of a theater by means of any picture , photograph, drawing, or similar visual representation, or image of a person or portion of the human body which depicts -- - nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, as those terms are de- fined in Minnesota Statutes, Section 61'7. 292. (I) It shall be grounds for rescinding or the denial of any motion picture theater license granted under this ordinance if the licensee, owner, manager, lessee, any of the employees, or any person who has a financial interest in the licensed premises has been convicted of any Federal or State Statute or Municipal Ordinance pertaining to the sale, distribution or exhibition of obscene material . (J) It shall be grounds for denial of the license if the applicant, owner, lessee, manager, operator or employee has evidenced in the past wilfull ` disregard for health, housing, building and fire codes and regulations. � 372.05. Inspection by City Officers. During business hours, all movie theaters shall =be open to inspection by city health, housing, building, fire and license inspectors and police officers of the City of Saint Paul . 372.06. Revocation Hearing. . A motion picture theater license issued under this ordinarice may only be revoked by the Saint Paul City Council and then only after a public hearing is - , � ' ����f.f� A_ _- � • � ♦ �- � y y , . . � � ��720 �5 3R y Page 6. held before the Saint Paul City Council . Prior to said hearing, the licensee shall be notified at least ten (10) days in advance of the date of hearing that such a revocation hearing shall be held. The Notice of Revocation which will be sent to the licensee by the City License Inspector shall specify the date, time and place of the public hearing and shall specify the alleged grounds for the revocation and shall also advise the licensee of his right to have a representative or legal counsel p�rESent at the hearing, ancl shall advise the licensee that he shall be allowed to introduee evidence, to present witnesses, and to cross-examine witnesses. A revocation shall be in the form of a resolution which will contain the findings of the City Council . A copy of a resolution revoking or suspending a license shall be provided to the licensee. 372.07. Judicial Review. A licensee aggrieved by the final decision of the City Council may obtain judicial review by timely filing an action seeking review as provided by law in District Court. The action in District Court shall not be a trial de novo. 3'72.08. Violations , Penalty. Every person who commits or attempts to commit, conspires to commit, or_ aids or abets in the commission of any act constituting a violation of this ordinance, whether individually or in connection with one or more other persons or as principal , agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or wilfully induces , � causes, coerces, requires, permits or directs another to violate any of the provisions� of this ordinance is likewise guilty of a misdemeanor. 372.09. Severability. If any part, sentence or clause of this ordinance shall be adjudged void or of no effect, for any reason whatsoever, the invalidity shall not affect the validity of any of the remaining portions of this ordinance. Section 3. This ordinance shall take effect and be in force immediately upon its passage, approval and publication.