Public Telephones; Licensed Premises

Saint Paul Legislative Code tit. XXIX, ch. 311

in effect

Saint Paul Legislative Code § 311.01 General; definitions.

Sec. 311.01. - General; definitions. This chapter shall apply to any business licensed by the City of Saint Paul where a telephone accessible to the public is located on the licensed premises. The term "licensed premises" shall mean and include, for the purposes of this chapter, all the property, whether in or out of a building or structure, which is (a) used for the licensed activity, (b) under the ownership, control or management of the licensee, or leased to the licensee, if such property is adjacent to, or in reasonably close proximity to, the premises in which the licensed activity occurs. The term "licensee" shall mean and include, for the purposes of this chapter, the licensee and the manager of the licensed business; and if the licensee is a corporation, partnership or other entity, the term "licensee" shall also include each officer, director, shareholder, partner, executive and manager of such corporation, partnership or other entity. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.02 Responsibility of licensees.

Sec. 311.02. - Responsibility of licensees. It is the responsibility of every person holding a license issued by the City of Saint Paul as a condition of that license and its continuation to take adequate measures to insure that every telephone on the licensed premises is not used for the purpose of distribution, sale, use or possession of controlled substances, prostitution or other criminal activity. Failure to comply with the terms and requirements of this chapter shall be grounds for adverse action. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.03 Designation of problem telephones.

Sec. 311.03. - Designation of problem telephones. The director of the department of safety and inspections may by written order designate one (1) or more public telephones located on the licensed premises of any licensee as a problem telephone. Such designation shall be based upon evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs, which shows that one (1) or more of the following conditions exist: (a) The telephone is regularly or frequently used to further the distribution of controlled substances, prostitution or other criminal activity. (b) The unrestricted use of the telephone (i) contributes to loitering or congregation in the area or disturbs the peace, quiet or personal safety of other persons in the area, or (ii) contributes to the existence of a nuisance as defined in section 310.17(c) of the Saint Paul Legislative Code. (c) The telephone is detrimental to the public safety. (d) The telephone unreasonably interferes with the flow of pedestrians or vehicular traffic. (e) The telephone unreasonably interferes with the use of crosswalks, traffic signs or signals, hydrants or mailboxes. (f) The telephone unreasonably interferes with ingress or egress from any residence or place of business. (g) The telephone is deemed by the traffic engineer to be a safety concern or hazard. (h) The telephone is considered excessive given the number of other public telephones in the area and that the aggregate number of public phones contribute directly to any conditions listed in subsections (a) through (g) above. (C.F. No. 95-64, § 1, 2-8-95; C.F. No. 07-149, § 76, 3-28-07)

Saint Paul Legislative Code § 311.04 Procedure for designation of a problem phone.

Sec. 311.04. - Procedure for designation of a problem phone. (a) Before issuing an order designating a problem telephone under section 311.03, the director or his/her designee shall conduct an informal hearing to determine whether a particular telephone is a problem telephone and, if so, what measures can be taken to correct the condition. The informal hearing shall be preceded by at least ten (10) days' written notice to the licensee and the owner of the public telephone at the address indicated on the subject telephone, describing the time, place and subject matter of the hearing. The director or his/her designee may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. (b) Upon a finding of fact that the particular telephone is a problem telephone, the director or his/her designee may issue an order, which shall be in writing and addressed to the owner of the telephone and to the licensee, to take and keep in force one (1) or more of the following remedial measures including, but not limited to, the following: (1) Modifications to the public telephone through use of existing technology to prevent persons from using the telephone to facilitate criminal activity. (2) Installation of a lockup telephone in place of the existing telephone, or of devices that effectively prevent the use of the telephone except under the supervision of the licensee or law enforcement authorities. (3) Modifications to the telephone to prohibit the reception of all incoming calls. (4) Movement of the telephone to a different location on the licensed premises. (5) Modifications to the telephone through the use of existing technology to prevent its use for calls to pagers and/or cellular telephone numbers. (6) Modifications to the telephone to prevent its use by payment in coins, and/or restrictions on the provision of coins suitable for use in the telephone by the licensed business and its employees, manager and owner. (7) Installation of additional lighting, both interior and exterior. (8) Modifications to the telephone to render it inoperative during certain hours of the day or night. (9) Temporary removal or suspension of the service of the telephone. (10) Changes to the type of enclosure of the telephone. (11) Posting a sign indicating that a telephone has been modified, if applicable. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.05 Procedure for permanent removal of a problem phone.

Sec. 311.05. - Procedure for permanent removal of a problem phone. (a) Before issuing an order requiring the permanent removal of a problem telephone hereunder, the director or his/her designee shall conduct an informal hearing upon reasonable notice to the parties involved to determine whether the remedial measure(s) ordered pursuant to section 311.04 have or have not adequately remedied the problem(s) created by the pay telephone, or whether the telephone should be removed permanently. The informal hearing shall be preceded by at least ten (10) days' written notice to the licensee and the owner of the public telephone at the address indicated on the subject telephone, describing the time, place and subject matter of the hearing. The director or his/her designee may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. (b) Upon a finding of fact that the remedial measure(s) have not remedied the problem(s) created by the particular problem telephone, the director or his/her designee may issue an order, which shall be in writing and addressed to the owner of the telephone and to the licensee, directing the removal of the telephone. (c) Failure to comply with the order for removal shall be grounds for adverse action against all licenses held by the licensee for the licensed premises where the telephone is located. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.06 Replacement prohibited.

Sec. 311.06. - Replacement prohibited. No licensee may install a public telephone on a building or grounds from which a public telephone has previously been ordered removed by the director or his/her designee under section 311.05 without first having obtained permission from the director or his/her designee. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.07 List of prohibited locations.

Sec. 311.07. - List of prohibited locations. The director or his/her designee shall maintain and make available upon request a list of locations where installation of public telephones is prohibited. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.08 Installation and maintenance standards.

Sec. 311.08. - Installation and maintenance standards. Each public telephone on any licensed premises shall: (a) Comply with all rules and regulations of the Minnesota Public Utilities Commission (PUC), and all local, state and federal regulations. (b) Comply with all applicable federal, state and local laws and regulations concerning the use of telephones by disabled persons. (c) Be maintained in a neat and clean condition, free of graffiti and handbills, and be in good repair. Graffiti shall be cleaned and handbills removed or telephone cleaned within two (2) business days of notification by the director or his/her designee. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.09 Information required.

Sec. 311.09. - Information required. Upon request by the director or his/her designee, a licensee shall supply, or cause a telephone company to supply, information regarding usage patterns of a public telephone and the contractual arrangement under which a public telephone is operated. The usage information requested shall not include information that violates wire tapping or privacy statutes unless requested by subpoena. Failure to provide the requested information shall be grounds for: (a) Designation of the telephone as a problem telephone; and/or (b) An order for temporary or permanent removal of the telephone; and/or (c) Adverse action against all licenses held by the licensee for the licensed premises where the telephone is located. (C.F. No. 95-64, § 1, 2-8-95)

Saint Paul Legislative Code § 311.10 Misdemeanor.

Sec. 311.10. - Misdemeanor. Any person who fails to remove a telephone pursuant to an order issued under section 311.05, or who violates the provisions of sections 311.06 and 311.07, shall be guilty of a misdemeanor. (C.F. No. 95-64, § 1, 2-8-95)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXIXLI_CH311PUTELIPRFetched: 11/1/2026