261524 � WHITE � - CITY CLERK > � �
PINK - S,INANCE < �'� r GITY OF SAINT PAZTL Council (� /� �
CANR��¢�I���RTMENT� -J�1���
BLUEt �-�AAAYQR � Flle NO. f'm�
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'-- • Ordinance N 0. � �92
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Presented By
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Referred To C mittee: Date
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� 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 .
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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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 :
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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
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.-ARTME�T , GITY OF SAINT PAITL Council
.,,,YOR . File NO.
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� � 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
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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.
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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.
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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.
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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. �
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(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.
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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
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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.