ORDINANCE NO. CITY OF WEST ST. PAUL DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER X OF THE WEST ST. PAUL CITY CODE RELATING TO LICENSES The City Council of West St. Paul does ordain: SECTION 1. AMENDMENT. West St. Paul City Code Section 1003.05 subd. 1 is hereby amended as follows: 1003.05. Criminal History License Background Investigations. Subd. 1. Background Investigation Required. The West St. Paul Police Department is hereby required, as the exclusive entity within the City, to do a background investigation on the applicants for the following licenses within the City: (1) Sexually Oriented Establishments (2) Carnivals, Circuses, Merry-Go-Rounds and Shooting Galleries (3) Firearms and Archery Ranges (4) Gambling (5) Intoxicating liquor and 3.2% malt liquor (6) Massage Therapy (Business and Personal) (7) Motor Vehicle Sales and Rentals (8) Pawnbrokers (9) Precious Metal Dealers (10) Peddlers, Solicitors and Transient Merchants (11) Rental Housing Evaluators (12) Residential Rental Dwellings (12)(13) Special Events (13)(14) Tattoo and Body Piercing Establishments (Business and Personal) (14)(15) Tobacco (but see Section 1190.05 subd. 4) (15)(16) Ultimate Wrestling Promoter SECTION 2. AMENDMENT. West St. Paul City Code Section 1005.03 subd. 1 is hereby amended as follows: 1005.03. Trades, Professions, Businesses and Privileges Requiring Licenses. Subd. 1. The following trades, professions, businesses and privileges in the City require licenses: a. Amusements and Amusement Devices 1
(1) Amusement Devices (2) Billiards (3) Bowling Alleys (4) Carnivals (5) Circuses (6) Gambling (7) Live Entertainment (8) Merry-Go-Round (7) Shooting Gallery (9)(8) Special Events b. Animals (1) Cats (2) Dogs (3) Dangerous Dogs (4) Exceeding Number of Animals Permit (3)(5) Exotic Animals Permit c. Building, Construction, Mechanical and Related Trades (1) Air Conditioning & Refrigeration (2) Blacktop (3) Excavation, Streets and Buildings (4) Gas Burner (5) General Contractor (6) House Movers (7) Masonry/ Sidewalks (8) Oil Burner (9) Plaster, Lath, Stucco (10) Plumbing (11) Rental Housing Evaluators/Inspectors (12) Sheet Rock (13) Sign Erection (14) Steam-fitting (15) Tree Removal and Tree Trimming (16) Underground Lawn Sprinkler Installation (17) Warm Air/Sheet Metal d. Commercial and Service Activities (1) Sexually-Oriented Businesses (2) Christmas Tree Sales Lot (3) Commercial and Noncommercial Pesticide and Herbicide Applicators (4) Drug Store (5) Food Seller 2
(6) Hardware Store (7) Hotel and Motel (8) Junk Dealer (9) Laundry, Dry Cleaning, Pick-Up Station (10) Lumber Yard (11) Massage Therapy, Business and Personal (12) Pawnbroker (13) Peddlers, Solicitors and Transient Merchants (14) Pet Store (15) Precious Metal Dealer (16) Radio, TV & Appliance Repair (17) Restaurant (18) Rubbish Hauler (Commercial and Residential) (19) Second Hand Dealer (20) Tattoo/Body Piercing, Business and Personal (21) Tobacco e. Intoxicating and 3.2% Malt Liquor (1) Intoxicating Liquor (a) Off-Sale (b) On-Sale i. Category 1 ii. Category 2 (c) (d) (e) (f) (g) Outside Service Sunday Sales Temporary On-Sale Temporary Outside Service Wine (2) 3.2% Malt Liquor (a) Off-Sale (b) On-Sale (c) Outside Service (d) Temporary On-Sale (e) Temporary Outside Service f. Motor Vehicle Related Business (1) Motor Vehicle Repair (1) Motor Vehicle/Car Wash (2) Motor Vehicle Sales, Leasing and Rentals (3) Motorcycle Sales and Rentals (4) Recreational Vehicles/Rental or Sales 3
g. Other (5) Service Stations (6) Used Parts Sales (1) Archery Range (2) Auctions (3) Courtesy Benches (4) Firearms Range (5) Residential Rental Dwellings (6) Ultimate Wrestling Promoter (6)(7) Ultimate Wrestling Exhibition Permit SECTION 3. AMENDMENT. West St. Paul City Code Section 1005.05 subd. 7 is hereby amended as follows: Subd. 7. License Fees. License fees must be paid before the City will grant the license. a. Fee Determination. The fees for licenses are established by City Council Resolution. b. Refunds. License fees are generally non-refundable. In unique circumstances, the City Council may hold a hearing to determine if it is appropriate to refund a particular license fee. c. Late Fees. An applicant who submits a completed application to renew a license less than 30 days prior to its expiration date, shall pay a late application fee equal to 50% of the license fee, in addition to the license fee. d. Pro-rated License Fees. License fees will not be pro-rated for a portion of a license term except for the following licenses, payment for which shall only be for the portion remaining in the license term: (1) On-Sale Intoxicating Liquor (2) Massage Therapy Business (3) Pawnbroker (4) Precious Metal Dealer (5) Second Hand Dealer (6) Tobacco In unique circumstances, the City Council may hold a hearing to determine if it is appropriate to pro-rate a particular license fee. e. Provisional License Fees. The City Council may require an additional fee for Provisional Licenses that is in addition to the regular license fee, due to the extraordinary monitoring 4
that is required by City Staff. The additional Provisional License Fee shall be set by the City Council upon approval of a Provisional License. f. Installment Payments. For on-sale liquor licenses only, the licensee may pay the license fee in two (2) equal installments, due on or before December 15 for the upcoming license term and on or before June 15 for the remainder of the existing license term. An administrative fee will be imposed for licensees who pay the license fee in installments. Failure to pay any installment payment when due may result in revocation or suspension of the license. In addition, Late Fees, as provided in Section 1005.05 subd. 7c, will be imposed. SECTION 4. AMENDMENT. West St. Paul City Code Section 1005.23 is hereby amended as follows: 1005.23. Inspections. An applicant or license holder must permit Health Officials, representatives of the Police Department, Fire Department, Licensing Staff and Building Department to inspect the licensed premises of a business for the purpose of ensuring compliance with the law, at any time it is open and occupied for business. For certain businesses, a prelicense inspection may be required, in which case, the appropriate City official will make arrangements for an inspection. Pre-license inspections are required for the following licenses: (1) Sexually Oriented Businesses (2) Dangerous Dogs (3) Firearms and Archery Ranges (4) Hotels/Motels (5) Intoxicating Liquor (6) Lumber Yards (7) Massage Therapy Businesses (8) Special Animal Permits (see City Code 905.07 subd. 2) (9) Ultimate Wrestling PromoterExhibition SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The purpose of the ordinance is to update and clarify the types of businesses and activities that require a license, permit, background investigation and inspection. The ordinance also allows on-sale liquor license fees to be paid in two equal installments. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. 5
Passed this day of, 2010. Ayes: Nays: Attest: John A. Zanmiller, Mayor Sharon M. Newhouse, City Clerk 6