04-195Council File # �y� l95
Ordinance #
Green Sheet #3��
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
•�
A legislative ordinance to amend Saint Paul Legislative Code Chapter 427A, Adult Health/Sport
Clubs, to facilitate title changes.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 427A, Adult Health/Sport Clubs, of the Saint Paul Legislative Code is hereby amended
to read as follows:
Sec. 427A.05. License requirements.
(a) Application. The initial application 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 furnishings shall be attached to the application.
(2) Names and addresses of the property owner, the business owner, the lessee, the
manager or operatar 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, piace, date and
disposition, for which any of the persons named in subparagraph (2) of this
paragraph (a) have been convicted.
(4)
(5)
A description of the services to be offered.
Written proof that each employee is at least eighteen (18) years of age.
(6) The business, occupation ar employment of each of the persons named in
subparagraph (2) of this paragraph (a) for the three (3) years immediately
preceding the date of application.
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(7) The previous experience of the persons named in subpazagraph (2) of this a�"1q,5
paragraph (a) in a health/sport club or 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
deniai.
Such application wili then be reviewed by the division of public health, division of
housing and building code enforcement, police department, and such other deparhnents as shall
be deemed necessary. Such departments will thereafter submit their reports and recommendations
to the office of the inspector, who will submit all of the reports and recommendations of the other
departments, together with the inspector's report and recommendation, to the Saint Paul City
CounciL The city council, following a public hearing, shall either grant or deny the license in
accordance with the procedures set forth in Chapter 310 of this Code.
(b) Hearing; notifzcation. At least thirty (30) days before a publ3c hearing on an appiication
for a license, the office of license,
i�ections and environmental protection shall norify by mail all owners and occupants
who own property or reside within three hundred (300) feet of the property line of the
establishment to be licensed, and all community organizations that have previously
registered with such deparhnent, of the time, place and purpose of such hearing, such
three hundred (300) feet being calculated and computed as the distance measured in a
straight line from the nearest point of the 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. Prior to the hearing date, th
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 shall 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 compiy with this paragraph (b) has been made. A bona fide attempt is evidenced by a
notice addressed to "owner" and to "occupant" of the listed address. Only one (1) notice
need be mailed to each house or each rental unit within a multiple-family dwelling
regardiess of the number of occupants.
38 The notification requirements of this paragraph (b) shall not be applicable where the
39 license is to be held in a place located within the downtown business district. For purposes of this
40 chapter, "downtown business districY' shall include all that portion of the City of Saint Paul lying
41 within and bounded by the following streets: Beginning at the intersection of Shepard Road with
42 Chestnut Street; Chestnut Street to Pleasant Avenue; Pleasant Avenue to Kellogg Street; Kellogg
43 Street to Sununit Avenue; Summit Avenue to Tenth Street; Tenth Street to Interstate Freeway 94;
44 Interstate Freeway 94 to Lafayette Bridge; Lafayette Bridge to where the bridge crosses over
45 Warner Road; Warner Road to Shepard Road; Shepazd Road to Chestnut Street.
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(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 health, safety and
welfaze, including, but not limited to, the following:
(1) The character and suitability of the azea or neighborhood in which the licensed
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premises is to be located;
The proximity of the site for the adult health/sport club to churches, schools,
playgrounds, parks or other community facilities adversely affected; and
(3) Traffic congesrion and parking problems.
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(d) Basis for denial. The council may deny an application for renewal or grant of a license on
the basis of a detemrination that the public health, safety ar welfaze would be otherwise
adversely affected, taking into account one (1) or more of the facts or circumstances in
this section, or the grounds specified in section 310.06 of this Legislarive Code.
(e) Restrzctions may be imposed. Where a reasonable basis is found by the council to impose
reasonable restrictions upon the license, taking into consideration one (1) or more of the
above facts or circumstances, the council may, upon issuance or renewal of a license,
impose such reasonable conditions and restrictions on the manner and circuxnstances
under which the licensed activities shall be conducted to preserve the public peace and
protect and promote good order and security, or impose conditions as permitted by
section 310.06 of this Legislative Code.
Section 2
That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
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'� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
�
�-l•t�,5
" DepartrnenUoffice/council: Date Inidated:
MO — Mayor's0ffice 1SJAN-04 Green Sheet NO: 3010368
CoMad Person & Phone• Deoartment SeM To Person InitiaVDate
Reyne Rotuth � 0 a or's Oftice
26G87'10 /�iyn 1 or's Otfice
Must Be on Council qgenda by (Date): Number Z ouncil
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested: �
Changes to Legislarive Ordinance, Chapter 427A
Recommendafio�s: Approve (A) or Reject (R): Personal Service CoMracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firtn everworked under a contract for this departrnent?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a cily empioyee?
Yes No
3. Does this personKrtn possess a skill not nortnaly possessed by any
. curtent aty employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Legislative Ordinance Code changes to Chapter 427A. See attached.
Advantapes If Approved: '
See above.
DisadvantaneslfApproved:
None.
Disadvantages if Not Approved:
Changes not made.
Total Amount of � CosURevenue Budgeted: *
Transaction: ��°�r°�s r�.e �^�•^.n �?'^�..�P
Fundin5� Source: Activity Number:
Financiallnformation: �3,1�8 � (�,d a3�%Se&
(Explain) i-9 tl €�i9°P