06-1072. � ��
ORllINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
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An ordinance amending chapter 310 of the Saint Paul Legislative Code to outline
the consequence of a revocation of a license for nonpayment of license fees.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDATN:
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Section 1.
Section 310.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 310.05. Hearing procedures.
(a) Adverse action; notice and hearing requirements. In any case where the council may or
intends to consider any adverse action, including the revocation or suspension of a
license, the imposition of conditions upon a license, or the denial of an application for the
grant, issuance or renewal of a license, or the disapproval of a license issued by the State
of Minnesota, the applicant or licensee shall be given notice and an opportunity to be
heard as provided herein. The council may consider such adverse actions when
recommended by the inspector, by the director, by the director of any executive
depariment established pursuant to Chapter 9 of the Charter, by the city attorney ar on its
own initiative.
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(m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by wl�ich the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to all license types, except
that in the case of a violation involving a liquor license § 409.26 shall apply where a
specific violation is listed. These penalties are presumed to be appropriate for every case;
however the council may deviate therefrom in an individual case where the council finds
and determines that there exist substantial and compelling reasons making it more
appropriate to do so. When deviating from these standards, the council shall provide
wntten reasons that specify why the penaity selected was more appropriate.
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Council File # � — � �
Green Sheet # 3034457
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Section 1.
Section 310.06 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 310.06. Revocafion; suspension; adverse actions; imposition of conditions.
(a) Courccil may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or all licenses or permits, licensee or
applicant for a license, as provided in and by these chapters. Adverse actions against
entertainment licenses issued under Chapter 411 of the Legislative Code may be initiated
for the reasons set forth in subsection (b) below, or upon any lawful gounds which are
communicated to the license holder in writing prior to the hearing before the council.
Such actions shall be initiated and carried out in accordance with the procedures outlined
in section 310.05; provided, however, that the formal notice of hearing shall be used to
initiate the adverse action without the use of prior procedural steps.
(b) Basis for action. Such adverse action may be based on one (1) or mare of the following
reasons, which are in addition to any other reason specifically provided by law or in these
chapters:
(1) The license or permit was procured by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written
misstatements or misrepresentations of material facts in or accompanying the
application.
(3) The license was issued in violation of any of the provisions of the Zoning Code,
or the premises which are licensed or which are to be licensed do not comply with
applicable health, housing, fire, zoning and building codes and regulations.
(4)
(5)
The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
The licensee or applicant has failed to comply with any condition set forth in the
license, ar set forth in the resolution granting or renewing the license.
(6) a. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has violated, or performed any act
which is a violation of, any of the provisions of these chapters or of any
statute, ordinance or regulation reasonably related to the licensed activity,
regardless of whether cnminal charges have or have not been brought in
connection therewith;
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b. The licensee or applicant has been convicted of a crime that may
disqualify said applicant from holding the license in question under the
standards and procedures in Minnesota Statutes Chapter 364; or ��~� � 7 �'
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c. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or pemutted a pattern
or practice of conduct of failure to comply with laws reasonably related to
the licensed activity or from which an inference of lack of fitness or good
chazacter may be drawn.
The activities of the licensee in the licensed activity created or have created a
serious danger to the public health, safety or welfare, or the licensee performs or
has performed his or her work or activity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains
or permits conditions that unreasonably annoy, injure or endanger the safety,
health, morals, comfort or repose of any considerable number of inembers of the
public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter 114 of the Saint Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not
limited to, actions meeting the definition of criminal sexual conduct pursuant to
Minnesota Statutes Sections 609.342 through 6093451; sexual abuse, physical
abuse or maltreatment of a child as defined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, including, but not limited to, acts which
constitute a violation of Minnesota Statutes Sections 609.02, subdivision 10;
609.321 through 609.3451; or 617.246; neglect or endangerment of a child as
defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture,
distribution, sale, gift, delivery, transportation, exchange or barter of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Minnesota Statutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or distribution to others; or by the abuse of
alcohol or other drugs, that such licensee or applicant is not a person of the good
moral character or fitness required to engage in a licensed activity, business ar
profession.
(11) The licensee or applicant has materially changed or permitted a material change
in the design, construction ar configuration of the licensed premises without the
prior approval of the city council in the case of Class N licenses, the director in
the case of Class T licenses, and the inspector in the case of Class R licenses, or
without first hauing obtained the proper building permits from the city.
(12)
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The terms "licensee" or "applicanY' for the purpose of this section shall mean and include any
The licensee or applicant has violated section 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parte contact with a council
member as provided in section 310.05(c-2) of the Legislarive Code.
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person who has any interest, whether as a holder of more than five (5) percent of the stock of a
corporation, as a partner, or otherwise, in the premises or in the business or activity which aze D �_��-7�
licensed or proposed to be licensed.
With respect to any license for activities enritled to the protection of the First Amendment,
notwithstanding the foregoing provisions, neither the lack of good moral chazacter or fitness of
the licensee or applicant nor the content of the protected speech or matter shall be the basis for
adverse action against the license or application.
Section 3
This ordinance shall take effect and be in force thiriy (30) days following its passage, approval
and publication.
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Requested by Department of:
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Form�A�p;r�� C�At�ey
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Adoption
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Approved
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for $yibmission to Council
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Adopted by Council: Date ,Z' Z� ���,�
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
oeparunenvofficelcouncil: I Date Initiated: �
,� -L���s�,�os��tio�,�oo�o� j�o�� � Green Sheet NO: 3034457
Conqct Person & Phone:
Christine A Rqzyk
266-9108
Must Be on Counc7 Aaen�
� i ueoartmenc aenc�o rerson
� 0 'ceose/I ecti NE Pro I
Assign 1 ' e eli ti n/E P Ib rhn tD' t '
Number 2 �ih•Attornev
For
RouGng 3 a or's Office Ma odAssistant
Order 4 o ncil
5 � Clerk C1 Clerk
InitiaVDate
Doc. Type: ORDINANCE
E-DOCUment Required: Y
DocumentContaM: RobertHumphrey
ConWct Phone: 266-9123
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of an ordinance amending Chapter 310 of the Saint Paul Legislarive Code to outline the consequence of a revocation of a
license for nonpaytnert of license fees.
Recommendations: Appm�e (A) or R
Planning Commission
CIB Committee
Qtil Seftice Commission
MustMswerthe Fo(lowing Questions:
1. Has this persoNfirtn e�er worked under a contract for this department?
Yes No
2. Has this person/firm e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not nortnally possessed by any
curreM city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Ini6ating Problem, lssues, Opportunity (Who, Wha; When, Where, Why):
This ordinance adds revocaUOn for failure to pay license fees to the penalty matrix.
Advantages IfApproved:
Disadvantages HApproved:
Disadvantages If NotApproved:
ToGlAmountof
Trensaction:
Funding Source:
Financial Information:
(Explain)
Cosi/Revenue Budgeted:
Activity Number.
November 9, 2006 91:10 AM Page 1