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04-190Council File # `, � Ordinance # Green Sheet # 1(�3¢7 ORDINANCE CITY OF SAINT PAUL, MINNESOTA g3 Presented By Refened To Committee Date : A legislative ordinance to amend Saint Paul Legislative Code Chapter 412, Adult Massage Parlors, to facilitate titie changes and a correction in chapter title . THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Section 412, Adult Massage Pazlors, of the Saint Paul Legislative Code is hereby amended to read as foilows: Chapter 412A. Adult Massage Parlors Section 2 Section 412, Adult Massage Parlors, of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 412A.04. License requirements. (a) Applieation. The applicatlon for a license shall be made at the office of the inspectar by filing the annual license fee and by completing an application form. The application form, which shall be prepared by the inspector 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 fiunishings shall be attached to the application. (2) Names and addresses of the properry 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 or corporation which may have a financial interest in the premises to be licensed. (3) A description 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 arrested and convicted. Ai,'�..1Sf�3 ,,' ' I,. 2 (4) (5) A description of the services offered. Written proof that each employee is at least eighteen (18) years of age. (6) The business, occupation or employment of each of the persons named in subparagraph (2) of this paragraph (a) for the three (3) yeazs immediately preceding the date of appiication. 10 11 12 13 14 15 16 17 (7) The previous eacperience of the persons named in subparagraph (2) of this paragraph (a) in an adult massage parlor ar similar business. (8) 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. a�l-i�o 18 Such application will then be reviewed by the Office of License, Inspections and 19 Environmental Protection, police deparhnent, and such other departments as shall be deemed 20 necessary. Such departments wili thereafter submit their reports and recommendations to the 21 office of the inspector, who will submit all of the reports and recommendations of the other 22 departments together with the inspector's report and recommendation to the Saint Paul city 23 council. The city council, following a public hearing shall either grant or deny the license in 24 accordance with the procedures set forth in Chapter 310 of this Code. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A4 45 46 47 48 49 50 51 52 (b) Hearing; notification. At least thiriy (30) days before a public hearing on an application for a license, the office of license, ins�ections and environmental nrotection shall notify by mail all owners and occupants who own property or reside within three hundred (300) feet of the main entrance property line of the establishment to be licensed, and all community organizations that have previously registered with said department, 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 building 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. Priar to the hearing date, the office of license, inspections and environmental protection 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 shali 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 "occupanY' of the listed address. Only one (1) notice need be mailed to each house or each rental unit within a multiple-family dwelling regazdless of the number of occupants. The notification requirements of this paragraph (b) shall not be applicable whexe the license is to be held in a place located within the downtown business district. For pLUposes of this chapter, "downtown business districY' 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 Warner Road; Warner Road to Shepard Road; Shepard Road to Chestnut Road. (c) Hearing. The city council shall afford the applicant and all interested parties a public hearing and shall have the discretion to consider in granting, denying or renewing the license any reasonable fact or circumstance relating to the public heaith, safety and welfare including, buf not limited to, the following: (1) The character and suitability of the area or neighborhood in which the licensed premises is located; (2) The proximity of the site for the massage parlor or adult massage parlar to churches, schools, playgrounds, parks or other community facilities adversely affected; (3) Traffic congestion and parking problems. (d) Basis for denial. 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 welfare would be otherwise adversely affected, taking into account one (1) or mare of the facts or circumstances in this section. (e) Restrictions may be imposed. Where a reasonable basis is found by the council to impose reasonable resh upon the license, taking into consideration one (1) or more of the above facts and circumstances, the council may, upon issuance or renewal of a license, impose such reasonable conditions and restrictions on the manner or circumstances under which the licensed activities shall be conducted to preserve the public peace and protect and promote good order and security. Secrion 3 That this ordinance revision shail take affect and be in force thirty (30) days after its passage, approval and pubiication. Adopted by Council: Adoption Date � by Council Secretary By: / i Approved by o� v' � (�' Byc Aequested by Department of: By' Form A Tov d by City Attox By: 7 i � / Aoo v d Mavor for Su��u ��l-Ig� 1 �a, ^� .,. � ,' �. � � t� "� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmeM/office/council: Date Initiated: V 1^� {v MO — MayorsOffice ,�,�� Green Sheet NO: 3010347 Corkact Person & Phone• DeoartmeM SeM To Person InitialIDate Reyne Rofuth � 0 or's ffice 2 �' $ ��� Assign 1 a or•s�ce Must Be on Council 0�enda by (Date): Number 2 ou cil For Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) Action Requested: ' Changes to Legislative Ordinance, Chapter 412. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Quesfions: Planning Commission 1, Has this person/firtn ever worked under a contract for this departrnent? CIB Committee Yes No Civil SeMce Commission 2. Has this person/firtn ever been a cily employee? Yes No � 3. Does this person/firtn possess a skill not nortnaliy possessed by any current city employee? - Yes No � Explain all yes answers on separate sheet and attach to green sbeet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Legislative Ordinance Code changesto CLapter412. See attached. Advantages If Approved: � See Above. DisadvanqAes ii Mproved: None DisadvanWges If NotApproved: ' Clianges not made. ToWI Amount of p CosURevenue Budgeted: �_` Transaction: Funding Source: Activiry Number: „q . � Y?�P'�rt!"P �T 4� f inancial IMormation: (ExPlain) - J�5J &+ e3 C.GIt!'!