HF 1521

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 07:43pm

A bill for an act
relating to law enforcement; authorizing a local unit of government to assess costs
to large retail stores for excessive consumption of law enforcement services;
proposing coding for new law in Minnesota Statutes, chapter 617.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [617.875] EXCESSIVE CONSUMPTION OF LAW ENFORCEMENT
SERVICES; LARGE RETAIL STORES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (a) "Large retail store" or "store" means a stand-alone retail establishment with at least
50,000 square feet of retail space located in a structure where no more than two stories are
used for retail space accessible to customers and with an adjacent, privately owned parking
lot for its customers and employees that is 50,000 square feet or more.
new text end

new text begin (b) "Parking space" means the square footage of space available for parking by customers
or employees of the large retail store owned or leased by the large retail store and controlled
by the store for the benefit of its operations. Parking space does not include:
new text end

new text begin (1) loading, unloading, and delivery areas not generally available for customer parking
except short-term for purchase pickup; or
new text end

new text begin (2) parking facilities owned by a municipality or other entity for general public use.
new text end

new text begin (c) "Retail establishment" means a business that is classified under sector 44-45 in the
North American Industry Classification System, except for automobile dealers under sector
4411, other motor vehicle dealers under sector 4412, and nonstore retailers under sector
454.
new text end

new text begin (d) "Retail space" means the square footage of space devoted to displaying and storing
merchandise, including attached merchandise storage space, changing rooms and restrooms,
areas for processing transactions with customers, and spaces used to provide other services
that a customer may access without leaving the retail establishment including but not limited
to an in-store restaurant, photo processing service, or hair salon. Retail space does not
include administrative and office space, employee break rooms, and similar spaces not
generally accessible to customers.
new text end

new text begin (e) "excessive consumption of law enforcement services" means five or more law
enforcement service requests made during a 30-day period to the same property for incidents
involving violations of section 609.52.
new text end

new text begin (f) "local unit of government" means a county, statutory or home rule charter city, or
town.
new text end

new text begin Subd. 2. new text end

new text begin Excessive consumption of law enforcement services. new text end

new text begin A local unit of
government may assess a large retail store with costs for excessive consumption of law
enforcement services as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Notice and assessment; right to contest. new text end

new text begin (a) Before assessing costs for
excessive consumption of law enforcement service, the local unit of government must serve
written notice to the owner, lessee, or tenant of the large retail store that includes the
following information:
new text end

new text begin (1) the store has 30 days from the date of the notice to take steps to reduce the number
of service calls made to the law enforcement agency;
new text end

new text begin (2) after the 30-day notice period is over, the store will be assessed the cost of peace
officer time for any further excessive consumption of law enforcement services; and
new text end

new text begin (3) the hourly rate per officer which will be assessed.
new text end

new text begin (b) The hourly rate shall be equal to 150 percent of the average entry-level salary of a
peace officer in the local jurisdiction.
new text end

new text begin (c) A local unit of government that assesses costs to large retail stores under this section
must provide an administrative process to allow a store to contest the assessment.
new text end