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ERWIN A. PF-ERSON ROBERT C. BELL WILLARD L. CONVERSE ROGER A.JENSEN KURTF. WALTHER W. TIMOTHY MALCHOW MARTIN J. COSTELLO JAMES C. ERICKSON DAVID S. ANDERSON WILLIAM M. ORINANE PAMELA CONVERSE ZERIN CAROL A. BALDWIN ADAM E. BRIDGE SCOTT B. CROSSMAN LAW OFFICES OF PETERSON, BELL. CONVERSE & JENSEN 214jv ' 11ERICAN NATIONAL BANK BUILDING 101 EAST FIFTH STREET ST. PAUL. MINNESOTA 35101 (612) 224-4703 April 19, 1988 Mr. Rick Jopke Planning and Zoning Administrator City of Roseville 2660 Civic Center Drive Roseville, Minnesota 55113 Re: Section 8.190 Our File No. 1011-19 Dear Mr. Jopke: You have asked me to review Section 8.190 of the City Code and advise you whether the City may enforce that section against hardware stores which display and/or store lawn mowers, snow blowers, etc., outside of their buildings. I believe that ordinance is ambiguously written where it states: [E]xcept for establishments of the drive-in type offering goods or services directly to customers and off-street parking and loading. That language does not make much sense and hardware stores could claim that the exception applies to it. There is also an equal protection problem if the City intends to enforce that ordinance against the hardware stores. I can think of several other types of businesses such as lawn and garden centers which routinely store and display merchandise outside of an enclosure. i seriously* doubt whether the Council would want to prosecute those types of businesses for violating the ordinance and I- also question whether or not such prosecution could be successful. Finally, this ordinance has been in place for a number of years and to the best of my knowledge no hardware store has ever been prosecuted for violating it although their storage has been open visible.