Cabarets

Saint Paul Legislative Code tit. XXIX, ch. 426

in effect

Saint Paul Legislative Code § 426.01 License required.

Sec. 426.01. - License required. (a) No person shall engage in the business of operating a cabaret or adult cabaret without a license as provided for in this chapter. No license issued under this chapter shall be transferable from one (1) person, business, corporation or location to another. Holders of restaurant licenses for non-liquor-serving establishments shall not be required to obtain cabaret licenses, provided there are two (2) or fewer entertainment events in a month, and these events do not exceed twelve (12) in a year; or if the non-liquor serving establishment has fewer than fifty (50) seats and/or patrons. This section does not apply to liquor-serving establishments which are required to obtain an entertainment license pursuant to Chapter 411. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 96-783, § 1, 8-7-96; C.F. No. 01-154, § 1, 3-7-01; C.F. No. 02-871, § 1, 10-23-02; C.F. No. 08-258, § 1, 4-9-08)

Saint Paul Legislative Code § 426.02 Definitions.

Sec. 426.02. - Definitions. As used in this chapter, the terms defined in this section have the following meanings ascribed to them: Adequate or approved means acceptable to the director of the division of public health or his agents following his determination as to conformance with public health practices and standards. Adult cabaret, as defined in section 60.201 of this Code. Adult use, as defined in section 60.201 of this Code. Cabaret means a building or portion of a building used for the providing of dance performance or other live entertainment, but excludes therefrom theatres, liquor establishments and public dance halls. No obscene work shall be allowed. Entertainment includes amplified or nonamplified music and/or singing by one (1) or more performers or by patrons of the establishment, or dancing by patrons to live, taped or electronically produced music, whether or not a fee is charged for admission thereto and whether or not sales of property are made upon the premises. Obscene, as defined in Minnesota Statutes, Section 617.241. Obscene work, as defined in Chapter 274 of this Code. Performance, as defined in Minnesota Statutes, Section 617.241. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 01-154, § 2, 3-7-01)

Saint Paul Legislative Code § 426.03 License classification.

Sec. 426.03. - License classification. The cabaret license shall be known as a Class A license and the adult cabaret license shall be known as a Class B license. (Ord. No. 17623, § 1, 1-17-89)

Saint Paul Legislative Code § 426.04 Fee.

Sec. 426.04. - Fee. The required fee for a Class A or a Class B license shall be established by ordinance as specified in section 310.09(b) of the Legislative Code and only one (1) adult use shall be allowed in a building or portion of a building. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for a calendar year, or part thereof, for which it has been issued. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 99-532, § 1, 7-7-99)

Saint Paul Legislative Code § 426.05 Licensing requirements.

Sec. 426.05. - Licensing requirements. (a) Application. An application for a license shall be made at the department of safety and inspections by filing the annual license fee and by completing an application form. The application form, which shall be prepared by the department of safety and inspections 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 operator 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, place, date and disposition, for which any of the persons named in subparagraph (2) of this paragraph (a) have been arrested or convicted. (4) A description of the services to be offered. (5) The business, occupation or 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. (6) The previous experience of the persons named in subparagraph (2) of this paragraph (a) in a cabaret or similar business. (7) 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 denial. (8) In the case of an adult cabaret, written proof that each employee is at least eighteen (18) years of age. The application will then be reviewed by the department of safety and inspections and the police department and such other departments as shall be deemed necessary. The departments will thereafter submit their reports and recommendations to the department of safety and inspections, who will submit all of the reports and recommendations of the other departments together with the department of safety and inspections( report and recommendation to the 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; notification. At least thirty (30) days before a public hearing on an application for a license, the department of safety and inspections shall notify 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 said department, of the time, place and purpose of such hearing, said 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, the department of safety and inspections 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 comply 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 regardless of the number of occupants. The notification requirements of this paragraph (b) shall not be applicable where the license is to be held in a place located within the downtown business district. For purposes of this chapter, "downtown business district" shall include all that portion of the city lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street; Chestnut Street to Pleasant Avenue; Pleasant Avenue to Kellogg Street; Kellogg Street to Summit Avenue; Summit Avenue to Tenth Street; Tenth Street to Interstate Freeway 94; Interstate Freeway 94 to Lafayette Bridge; Lafayette Bridge to where the bridge crosses over Warner Road; Warner Road to Shepard Road; Shepard Road to Chestnut Street. (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 welfare, including, but not limited to, the following: (1) The character and suitability of the area or neighborhood in which the licensed premises is to be located; and (2) Traffic congestion and parking problems. (d) Basis for denial. The council may deny an application for renewal or grant of a license on the basis of a determination that the public health, safety or welfare would be otherwise adversely affected, taking into account one (1) or more of the facts or circumstances in this section; provided, however, that the council shall not consider as grounds for denial any activity on the part of the applicant, which activity is protected by the provisions of the Constitutions of the United States or of the State of Minnesota. (e) Restrictions 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 circumstances under which the licensed activities shall be conducted to preserve the public peace and protect and promote good order and security. The intent of the council is not to impose any restriction or condition upon a license which will unlawfully restrict any rights protected by the Constitutions of the United States or of the State of Minnesota. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 04-193, § 1, 3-3-04; C.F. No. 07-149, § 187, 3-28-07)

Saint Paul Legislative Code § 426.06 Adverse action; grounds for suspension, revocation, or denial.

Sec. 426.06. - Adverse action; grounds for suspension, revocation, or denial. The city council may consider the taking of adverse action regarding a license application or licensed business as set forth in this section; provided, however, that the council shall not consider as grounds for such adverse action any activity on the part of the applicant or licensee, which activity is protected by the provisions of the Constitutions of the United States or of the State of Minnesota. (1) It shall be grounds for denial of the application if the applicant or persons in his employ are not complying with or have a history of violations of the laws and ordinances that apply to public health, safety or morals. (2) It shall be grounds for the denial, suspension or revocation of a license if the owner, manager, lessee or any of the employees or persons having a financial interest in the business is convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premises, of any law. (3) It shall be grounds for suspension or revocation of any license granted under this chapter if the premises do not comply with the health, housing, fire, zoning and building regulations of the City of Saint Paul or State of Minnesota. (4) An application may be denied or a license may be suspended or revoked if the presence of such establishment is found to be detrimental to the health, welfare or safety of the citizens of the City of Saint Paul. (5) A license may be denied or a license may be suspended or revoked upon evidence of a material variance in the actual plan and design of the premises from the plans submitted pursuant to this chapter, or from the original design of the premises when initially licensed, without prior approval of the city council. (6) Licenses may be granted only to establishments which can meet the requirements of the health, housing, building, fire and zoning code regulations of the City of Saint Paul and State of Minnesota. (7) It shall be grounds for denial, suspension or revocation of the license if there is any fraud or deception involved in the license application or license renewal. (8) It shall be grounds for suspension or revocation of the license if the licensee, owner, lessee or manager fails to comply with any of the ordinances of the City of Saint Paul or statutes of the State of Minnesota pertaining to a cabaret. (9) It shall be grounds for the suspension or revocation of the license if the licensee or owner or manager or any of the employees or persons having a financial interest in the premises are found to be in control of or possession of any alcoholic beverages or controlled substances on the premises, possession of which is illegal under city ordinance or state law. (10) It shall be grounds for the denial, suspension or revocation of the license if the licensee, owner, lessee, manager or employee has evidenced in the past willful disregard for the health, housing, zoning, building and/or fire codes and regulations. (11) It shall be grounds for the denial, suspension or revocation of the license if any aforementioned person or persons shall refuse to permit any police officer or inspector employed in the department of safety and inspections to inspect the premises or operations during normal business hours. (12) It shall be grounds for the denial, suspension or revocation of a license if the licensee or any employee is found to be in violation of the provisions of this chapter. (13) It shall be grounds for the denial, suspension or revocation of the license of any adult cabaret if any employee is under eighteen (18) years of age. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 07-149, § 188, 3-28-07)

Saint Paul Legislative Code § 426.07 Submission of plans and specifications.

Sec. 426.07. - Submission of plans and specifications. All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as a cabaret or adult cabaret shall conform and comply in their construction, erection or alteration with the requirements of this chapter. Plans and specifications for such layout, arrangement and plumbing and construction materials, size and type of equipment and facilities shall be filed by the owner in the department of safety and inspections. A building permit shall not be issued for any such construction, remodeling or alteration until such permit shall have the approval of the department of safety and inspections. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 07-149, § 189, 3-28-07)

Saint Paul Legislative Code § 426.08 Inspection by city officers and identification of employees.

Sec. 426.08. - Inspection by city officers and identification of employees. During any hours in which any person is present on the licensed premises, all cabarets and adult cabarets shall be open to inspection by city health, fire, zoning, building and license inspectors and police officers. Upon demand by any police officer, any person engaged in providing services in any licensed premises shall identify himself/herself giving his/her true legal name and correct address. (Ord. No. 17623, § 1, 1-17-89)

Saint Paul Legislative Code § 426.09 Rules and regulations; director of department of safety and inspection may promulgate.

Sec. 426.09. - Rules and regulations; director of department of safety and inspection may promulgate. The director of the department of safety and inspections shall make such rules and regulations in keeping with the provisions of this chapter and as may be reasonably necessary to the safe and sanitary operation of all cabarets and adult cabarets. Such rules and regulations shall be effective when filed in the office of the city clerk and department of safety and inspections, and amendments thereof shall be effective twenty (20) days after being so filed. Violations of such rules and regulations may be sufficient grounds for revocation or suspension of any and all licenses issued pursuant to this chapter. (Ord. No. 17623, § 1, 1-17-89; C.F. No. 07-149, § 190, 3-28-07)

Saint Paul Legislative Code § 426.10 Unlawful acts.

Sec. 426.10. - Unlawful acts. It shall be unlawful for: (1) Anyone to engage in, conduct or carry on any cabaret or adult cabaret establishment without a valid license issued pursuant to this chapter. (2) Any person in any licensed establishment to place his or her hands upon, or to touch with any part of his or her body, or to fondle in any manner, or to massage, the genital area of any other person. This provision shall not apply to any performance which constitutes a form of constitutionally protected expression, unless such performance is deemed to be obscene. (3) Any person in any licensed establishment to expose his or her genital area or any portion thereof to any other person, or to expose the genital area or any portion thereof of any other person. This provision shall not apply to any performance which constitutes a form of constitutionally protected expression, unless such performance is deemed to be obscene. (4) Any person, while in the presence of any other person in any licensed establishment, to fail to conceal with a fully opaque covering the genital area of his or her body. This provision shall not apply to any performance which constitutes a form of constitutionally protected expression, unless such performance is deemed to be obscene. (5) Any person owning, operating or managing any licensed establishment knowingly to cause, allow or permit in or about such establishment any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in subparagraphs (1) through (4) of this section or any obscene act. (6) Any person to employ any person under the age of eighteen (18) to work in any adult cabaret. (Ord. No. 17623, § 1, 1-17-89)

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_CH426CAFetched: 11/1/2026