Title
Amending Chapter 310 of the Legislative Code to correct license fee tables and implement annual license fee increases.
Body
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
SECTION 1
WHEREAS, on November 19, 2022, the City Council adopted ORD 22-46, herein incorporated as Exhibit 1, which along with other changes included updated Licensing Fee Tables for class R, T and N License types; and
WHEREAS, it was later discovered that the wrong Licensing Fee Tables had been attached; and
WHEREAS, the Department of Safety and Inspections (Department) has created corrected Licensing Fee Tables, herein incorporated as Exhibits 2, 3, and 4; and
WHEREAS, the Department also wishes to update the fees charged for licenses in support of Mayor Carter’s 2023 budget; and
WHEREAS, the Department has included the updated fees in the new Licensing Fee Tables; and
WHEREAS, the Department believes that the fee increases proposed more accurately reflect the cost of the individual licenses related to investigation, support services, and enforcement; and
WHEREAS, the Department continues to experience substantial growth in personnel costs such as health care and wages; and
WHEREAS, General Fund pressures create the need to decrease the gap between licensing fee revenue and program expenses; now, therefore be it
RESOLVED, that the Council of the City of Saint Paul does ordain:
SECTION 2
Chapter 310.01 of the Saint Paul Legislative Code is hereby amended as follows:
Chapter 310. Uniform License Procedures
The procedures in this chapter are meant to govern the issuance of all licenses and certain permits in the City of Saint Paul unless a different process is required by statute. The requirements laid out in this chapter are meant to supersede all requirements laid out in ordinance related to Applications for the Grant or Issuance of a License, New Application Investigation and Review, Application Denial, Notice, Levels of Approval, Objections, and Renewal Procedures.
Sec. 310.01. Definitions.
For the purposes of this chapter, any chapter of the Legislative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordinances establishing or relating to the requirements for Class R, for routinely issued licenses, Class T for temporary licenses and Class N for licenses in which neighbors are required to be notified, under authority of the City of Saint Paul, the terms defined in this section shall have the following meanings ascribed to them:
Adverse action means the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application for the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, licensee, or applicant for a license. “Adverse action” includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the city. “Adverse action” also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.
Bond means a bond meeting the requirements of section 310.05 and indemnifying the city against all claims, judgments or suits caused by, resulting from or in connection with any licensed business, activity, premises, thing, facility, occurrence or otherwise under these chapters.
Building official means the official in the department of safety and inspections charged with the responsibility of enforcement of the building code.
Chapters and these chapters shall mean this uniform license ordinance, any chapter of the Legislative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordinances establishing or relating to the requirements for class R, class T, and class N licenses under authority of the city.
Class R licenses means those licenses and certain permits which can be issued by the Director without council approval if no conditions are imposed upon the license and which do not require a hearing if there is an objection. Class R Licenses follow the Procedures for Application for the Grant or Issuance of a License, New Application Investigation and Review, Application Denial, Notice, Levels of Approval, Objections, and Renewal Procedures laid out in Section 310.02(1). The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license:
REMOVE THIS TABLE AND INSERT CLASS R LICENSE FEE TABLE - EXHIBIT 2
|
Class R Licenses |
Legislative Code Chapter |
|
Alarm Systems (Burglar) for Emergency Calls |
329 |
|
Amusement Rides |
317 |
|
Animal Day Care and Animal Boarding Facilities |
348 |
|
Mechanical Amusement Devices |
318 |
|
Animal Foods Manufacturing and Distributing |
316 |
|
Amusement Rides |
317 |
|
Auctioneer |
390 |
|
Bed and Breakfast Residence |
378 |
|
Bituminous Contractors |
320 |
|
Bowling Centers; Pool Halls |
322 |
|
Building Contractors |
326 |
|
Building Trades Licenses |
369 |
|
Building Trades Certificates of Competency |
370 |
|
Rooming and Boardinghouses; Dormitories |
321 |
|
Christmas Tree Sales |
323 |
|
Cigarettes/Tobacco |
324 |
|
Commercial Pedal Car Driver |
374 |
|
Commercial Vehicles |
167 |
|
Building Contractors |
326 |
|
Courtesy Benches |
127 |
|
Dry Cleaning Establishments and Pickup Stations; /Laundries |
327 |
|
Alarm Devices |
329 |
|
Finishing Shops |
371 |
|
Food Protection Standards |
331A |
|
Vending Machines |
363 |
|
Fuel Dealers-Liquid Fuel |
332 |
|
Fuel Dealers-Solid Fuel |
333 |
|
Game Rooms |
406 |
|
Pest Control |
334 |
|
House Sewer Contractors |
338 |
|
Keeping of Animals |
338 |
|
Lawn Fertilizer and Pesticide Application |
377 |
|
Massage and Bodywork Centers |
412 |
|
Massage and Bodywork Practitioners |
414 |
|
Mechanical Amusement Devices |
318 |
|
Mercantile Broker |
340 |
|
Mobile Retail |
346 |
|
Motor Vehicle and Parts Dealer |
401 |
|
Oil-Bulk Storage |
342 |
|
Peddlers |
345 |
|
Pedicabs |
375 |
|
Solicitors |
345 |
|
Pest Control |
334 |
|
Pet Grooming Facility Facilities |
382 |
|
Pet Shops/Animal Facilities |
347 |
|
Pool Halls |
322 |
|
Public Pools |
360 |
|
Solid Waste Hauler |
357 |
|
Rental of Hospital Equipment |
350 |
|
Rental of Kitchenware |
351 |
|
Rental of Trailers |
352 |
|
Roller Rinks |
353 |
|
Rooming and Boardinghouses; Dormitories |
321 |
|
Sanitary Disposal Vehicle |
354 |
|
Secondhand Dealers - (Single Location, Multiple Dealers) |
355 |
|
Short Term Rentals |
379 |
|
Sidewalk Cafe |
106 |
|
Sidewalk Contractors |
356 |
|
Solid Waste Transfer Station |
357 |
|
Sign and Billboard Construction |
66 and 33 |
|
Sound Trucks and Broadcasting Vehicles |
359 |
|
Public Swimming Pools |
360 |
|
Tanning Facility Facilities |
380 |
|
Taxicab Drivers Taxicabs |
376 |
|
Taxicab Vehicle |
376 |
|
Theatres and Movie Theatres |
415 |
|
Tire Recapping Plants |
372 |
|
Tobacco Shops/Tobacco Product Shops |
324 |
|
Transportation Network Company |
373 |
|
Tree Trimming |
362 |
|
Food Vending Machines |
363 |
|
Vehicle Immobilization Services |
383 |
|
Veterinary Hospital |
364 |
|
Window Cleaning |
365 |
|
Block Parties |
366 |
|
Wreckers/Tow Trucks |
361 |
|
Wrecking of Buildings |
368 |
|
Building Trades Business License |
369 |
|
Building Trades Certificates of Competency |
370 |
|
Finishing Shop |
371 |
|
Tire Reccaping Plants |
372 |
|
Massage Center |
412 |
|
Therapeutic Massage Practitioner |
414 |
|
Vehicle Immobilization Services |
383 |
|
Short-term Rental Platform |
379 |
|
Short-term Rental Host |
379 |
Class T licenses means those licenses which can be approved or denied by the Director, if no conditions are imposed upon the license and which do not require a hearing if there is an objection. Class T Licenses follow the Procedures for Application for the Grant or Issuance of the License, New Application Investigation and Review, Application Denial, Notice, Levels of Approval, Objections, and Renewal Procedures laid out in Section 310.02(3). The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license:
REMOVE THIS TABLE AND INSERT CLASS T LICENSE FEE TABLE - EXHIBIT #3
|
Class T Licenses |
Legislative Code Chapter |
|
Amusement Rides-Temporary |
317 |
|
Close-Out Sales |
325 |
|
Entertainment-Temporary |
411 |
|
Gambling |
402.06 |
|
Liquor-Extension of Service Area |
409.11 (b) |
|
Liquor and Wine-Temporary |
409 |
|
Massage Practitioner - Temporary |
|
|
Non-Intoxicating Malt Liquor Temporary Extension of Service Area (patio) |
410.07 |
|
On-sale Beer - Temporary |
410.10 |
|
Secondhand Dealers-Exhibition |
355 |
|
Soliciting Funds-Tag Days |
391 |
|
Transient Merchants |
345 |
|
Gambling - Temporary |
402.06 |
|
Entertainment - Temporary |
411 |
|
Extension of Service Area - Liquor |
409 |
|
Solicting Funds- Tag Days |
391 |
|
Temporary On-Sale Malt 3.2 |
410 |
|
Temporary Wine, Wine Licenses for Festivals and Liquor |
409 |
|
Secondhand Dealer Exhibition |
355 |
Class N licenses means those licenses which must be approved or denied by the Council. Class N Licenses follow the Procedures for Application for the Grant or Issuance of the License, New Application Investigation and Review, Application Denial, Notice, Levels of Approval, Objections, and Renewal Procedures laid out in Section 310.02(2). The following licenses are so classified, and the numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to each license:
REMOVE THIS TABLE AND INSERT CLASS N LICENSE FEE TABLE - EXHIBIT #4
|
Class N Licenses |
Legislative Code Chapter |
|
Automobile Repair Garage and Body Shop |
423 |
|
Pool Hall, Bowling Center |
322 |
|
New Motor Vehicle Dealer |
401 |
|
Bingo Lawful Gambling |
402 |
|
Bingo Halls |
403 |
|
Brewery/Off-Sale |
409 |
|
Cabarets |
426 |
|
Conversation/Rap Parlors |
413 |
|
Private Clubs - Liquor |
409 |
|
Currency Exchanges |
381 |
|
Dance Halls or Rental Halls |
405 |
|
Entertainment |
411 |
|
Firearms Dealer |
225 |
|
Gambling Hall |
278 |
|
Game Rooms |
406 |
|
Gambling in Liquor Establishments |
409 |
|
Gas Station |
424 |
|
Gambling Location |
409 |
|
Gas Station |
424 |
|
Hotel/Motel |
407 |
|
Health/Sports Club |
427 |
|
Infectious Waste Processing Facilities |
429 |
|
Intoxicating Liquor-On- and Off- Sale |
409 |
|
Liquor - Extension of Service Hours |
409 |
|
Liquor Outdoor Service Area (Patio) |
409 |
|
Recycling Collection Center/Recycling Processing Center |
408 |
|
Second Hand Dealer-Motor Vehicle Parts |
401 |
|
Motor Vehicle and Parts Dealer |
401 |
|
Motor Vehicle Salvage Dealer |
422 |
|
Motion Picture Drive-In Theatres |
416 |
|
Intoxicating Liquor - On and Off Sale |
409 |
|
Brewpub/Off-Sale |
409 |
|
Nonintoxicating Malt Liquor - On and Off Sale |
410 |
|
Off-Sale Brewery |
409 |
|
Parking Lots and Parking Garages |
417 |
|
Motorcycle Dealer |
401 |
|
Pawn Shop |
344 |
|
Private Clubs - Liquor |
409 |
|
Recycling Collection Center/ Recycling Processing |
408 |
|
Nonintoxicating Liquor--On- and Off- Sale |
410 |
|
Entertainment |
411 |
|
Conversation/Rap Parlors |
413 |
|
Steam Room/Bathouse |
428 |
|
Theatres and Movie Theatres |
415 |
|
Motion Picture Drive-In Theatres |
416 |
|
Parking Lots and Parking Garages |
417 |
|
Second Hand Dealer-Motor Vehicle |
401 |
|
Scrap and Metal Processor |
420 |
|
Liquor Extension of Service Hours |
409 |
|
Liquor Outdoor Service Area (Patio) |
409 |
|
Currency Exchange |
381 |
Department means the Department of Safety and Inspections.
Director means the Director of the Department of Safety and Inspections and/or the Director’s designee or designees.
Fee means and includes both the license fee and application fee unless otherwise provided.
License means and includes all licenses and permits provided for or covered by these chapters. License also includes licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of such licenses, for the purposes of making procedures in chapter 310 of the Legislative Code applicable to the approval or disapproval of such licenses.
Class N License District Council Notification Form means the form, provided by the Department to the license applicant as part of the Class N License application packet, which must be mailed or personally delivered to the District Council by the license/applicant prior to the submission of the application for a license.
Person means and includes any person, firm, corporation, partnership, company, organization, agency, club or any group or association thereof. It shall also include any executor, administrator, trustee, receiver or other representative appointed by law.
Zoning Administrator means the official in the Department of Safety and Inspections charged with responsibility for enforcement of the zoning code.
SECTION 3
Section 310.02 is amended as follows:
Sec. 310.02. Uniform Procedures for Application for the Grant or Issuance of the License, New Application Investigation and Review, Application Denial, Notice, Levels of Approval, Objections and Renewal Procedures by License Type.
2) Class N Licenses
b) 1. Verification of Class N License District Council Notification Form. The Director must take reasonable efforts to ensure that the District Council has notified the Department by email that the Class N License District Council Notification Form has been received.
SECTION 4
Section 310.15 is amended as follows:
Sec. 310.15. License fee schedule.
Notwithstanding the provision of any other ordinance or law to the contrary, the following fees contained in the fee tables laid out in section 310.01 are hereby provided for all the licenses listed herein. These fees supersede all inconsistent provisions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.07(a) or 310.07(d) of the Legislative Code with respect to exempt organizations or late fees. Pursuant to section 310.07(b) of the Legislative Code, these schedules will be posted online. These fees are effective for license renewals and new license applications on the effective date of this section, provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there must be no increases in, nor offsets or refunds of, the existing fees paid, or due and owing.
SECTION 5
This ordinance will take effect and be in force thirty (30) days following passage, approval, and publication.