88-314 WHITE - CITV CL K
PINK - FI►�{ANCE G I TY O SA I NT PAU L Council ���3� �
CAWARV -OEPARTM NT Flle NO. �
BLUE -MAVOR �
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• 0� in�nce '�� C� f Ordinance N 0. ���(J�
Presented By `� Ia
Referre To Committee: Date
Out of ommittee By Date
An ordinance amending sections 310.04<d) , 310.05 (c) , 310. 11
(b) , 409.06(c-1 ) , 409. 11 ��� 409. 12, 409. 16, 409. 20, 410.03
(h) and 410.07(g) of t Saint Paul Legislative Code
pertaining to license hearings and providing that such
hearings shall be con ucted before a committee of the
Council .
The ouncil of the City of Saint Paul Does Ordain:
S ction 1
That section 310.04(d) o the Saint Paul Legislative Code is
here y amended to read as fol ows :
(d) Class III licenses. Upon receipt of a fully completed
appl 'cation and required fees for a Class III license , and after
the investigatian required, the inspector shall notify the
coun il . A public hearing sh �l be held by the eettrre�� council's
comm' ttee desi�nated to he r license matters on the grant ,
issu nce or transfer of all Class III licenses. The ee�t�e��
coun il 's committee desi nate to hear license matters may hold
a he ring on the renewal of a y Class III license. In any caae
wher the inspector recomme ds denial of the grant , issuance,
rene al or transfer of a Clas III licanse , or where the eet�t�e#�
coun il 's committee desi nate to hear license matters believes
that evidence might be receiv d at the public hearing which might
result in action adverse to the applfcation, the inspector or
ee+�r3 �� council 's committee esi nated to hear license matters
shall follow the proceduree or notice and hearing as set forth
in Section 310.05. Where the application for the grant ,
issu nce, renewal or transf r of a Class III license meets all
the requirements of law, a d where there exists no ground for
adverse action, the council hall by resolution direct that the
inspe tor issue said license in accordance with law.
COUNCIL MEM ERS
Yeas Nays Requested by Department of:
Dimond
��g [n Favor
Goswitz
Rettman
scne�nei Against BY
Sonnen
Wilson
Adopted by Counci : Date Form Approved by City Attorney
Certified Passed Council Secretary By �Z �
By
Approved by Mayor: Date Approved by Mayox for Submission to Council
By BY
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SE t;an 2
hat Sectian 310. 05(c) �f the 5aint Paul Legislative Code is
hereb amencied to read as foll ws :
c) Hearing. The hearing shall be held by the eeaAefi�-
council 's committee �iesi nate to hear license matters, which
shall afford t.he applicant r the licensee an opportunity to
prese t evidence anci argument as well as meet adverse testimony
or vid�nce by reasonable cross-examination and rebuttal
evide ce. The eae�e-i-� coun il `s committee designated to hear
licen e matters may in its di cretion permit other interested
perso s the opportunity to resent testimony or evidence ar
other ise participate in such earing.
5e tion 3
hat section 310. 11 (b) of the Saint Paul Legislative Code is
hereb amended to read as foll ws:
1� (b) Licenses transferable; conditions. All licenses issued
by �t e City of Saint P�ul hall be transferable unless the
speci ic cr�apter of the 5aint aul Legislative Code pertaining to
each pecific license shall sp cifically prahibit the transfer of
such license. No transfer of ny Class III license issued by the
of th City of Saint Paul shall be ef�Fective until the Council of
the ity of 5aint f'aul has a proved the transfer following a
publi hearing bY the Counc ' i 's committee desiqnated to hear
licen e matters and a resol ti�n approving said t.ransfer is
� passe , approved and publi hed. Bath thP transferor and
trans eree shall make applica ion for trans�er of a license on
such forms as m�y be pres ribed by the division, and in
accor ance with Section 31U. 02
Se tion 4
lhat �ection 409. 06(c-1 ) f the St. Paul Legislative Code is
hereb amended to read as foll ws:
(c-1 ) Public hearing; not ces. No r�ew license for either on
sale or off sale shall be i sued until the eea�re�-� counci1 's
commi tee desianat.ed to hear license matters shali have first
held public hearing on th application. The notification
requi ements appticable to license transt=ers or change in
licensed areas in Section 4 9. 11 shall be applicable in the
issua ce of new licenses.
Se tion 5
hat section 409. 11 (a) of tF�e Saint Paul Legislative Code is
hereb amended to read as foll ws :
( ) No license granted he eunder shall be transferable from
person to person or from pla e �.o place ( including changes in
licens d areas) without the c nsent of the city council , which
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cons nt shall be evidenced by resolution passed by tYie city
coun il . No license grant d for a specified part of any
particular premises shall pe mit sa1PS of such liquor on a part
of s ch premises not specifie in tr7e license; provided, however,
� that the council may, by res lution, grant the right to use such
� othe portions of the premise for such sales.
The ransfer of stock in any orporate license shall be deemed a
tran fer within the meanin� o this section, and no such transfer
of s ock shall be made witFiou the consent of the city council .
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It is hereby made the duty f the officers of any corporation
holding a license issued und r the authority of this chapter to
noti y the city council of a y proposed sale or� transfer af any
stoc in such corporation, a d no such sale or transfer of stock
shall be effective without .he consent of the council given in
the manner above set forth. TF�e transfer of any stock without
the knowledge and consent a the city council shall be deempd
sufficient cause for revoca ion by the council of any license
gran ed to such corporation u der the authority of this chapter.
Such carporate officers sh 11 also notify the city council
when ver any change is ma e in the officers of any such
corp ration, and the failu e to so notify the council shall
like ise be sufficient cause or revocation of any liquor license
gran ed to such corporation.
Notwithstanding the provisio s of this section, publicly owned
corp ration whose stock is t acied in the apen market may comply
with the requirements pertaining to stock ownership and stock
tran fer by furnishing the c uncil with the names and addresses
of all stockholders of record upon each renewal of the license.
An pplication for the trans er of such a license shall be made
by t e transferee upon forms urnished by the division of license
and permit administration f the department of finance and
mana ement services. Prior to the city council 's consideration
of s id application, the application shall be read by the city
cler at the next regular eeting of the city councii .
The eeaAe-i-�- council 's com ittee designated to hear license
matt rs shall then schedule date for public hearing upon said
application for transfer or change in licensed area. At least
fort -five (45) days before a public hearing on a transfer or
chan e in licensed area, tf�ie department shall notify by mail all
owne s and occupants who o n property or reside within three
hund ed fi �ty (350) feet f the establishment to which the
lice se is to be transferred r area changed, and a�ll community
orga ization that have previ sly registered with said departrnent
to e notified af any such a plication, of the time, place and
the urpose of such hearing, said three hundred fifty (350) feet
bein calcula�Led and compu .ed as the distance rneasured in a
stra gh�t line from the �r erty line of the building where
into icating liquor is sol , consumed or kept for sale to the
prop rty line owned, leased r under the control of the resident.
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Prior to tYie hearing date, aid department shall submit to the
eaar�e i- council ' s committee esi nated to hear license matters a
list f the names and address s of each person or organization ta
whom notice was sent, and ertification o� such list by the
depar ment shall be conclu ive evidence of such notice. A
trans er or change in lice sed area under this section only
becom s effective upan compliance with this section anci consent
of th council by resolution. The failure to give mailed notice
to o ners or occupants residing withSn three hundred fifty (35C1)
fPet , or to comm�nity organi ations, or defects in the notice,
shall not invalidate the tran fer provided a bona fide attem�t to
compl with this section has been made. A bona fide attempt is
evide ced by a notice addres ed to "owner" and to "occupant" of
the 1 sted address. Only one notice need be mailed to each house
or ea h rental unit within a ultiple-family dwelting regardless
of th number of occupants .
l"he otification requiremen s of this sectian shall not be
appli abte where the licen e is to be transferred to a place
locat d within the downtown usiness district. For purposes of
this ectian, downtown busin ss district sriall include all that
porti n of the City of Saint aul lying within and bounded by the
follo ing streets: Beginning at the intersection of 5hepard Road
with Chestnut Street, to P easant Avenue, Pleasant Avenue to
Kello g Street,, Kellogg Stree to Summit Avenue, Summit Avenue to
Tenth Street, 7enth Street t Interstate Freeway 94, Interstate
Freew y 94 to Lafayette Brid e, Lafayette Bridge to wr7ere the
bridg crosses over Warner Ro d, � Warner Roaci to Shepard, Shepard
Road o Chestnut Street.
5 ction 6
hat section 409. 12 c�f t e 5aint Paul Legis1ative Code is
her-eb amended to read as fo 1 ows:
Sec. 409. 12 . Revocation f license.
Any ticense granted here nder may be revoked for a violation
of a y provision of this chap er or of the liqunr control act of
the ate of Minnesata. If t e violator is the holder of an on-
sale license, such license ma be revoked by the city council .
If �. e violator is the holder of an off-sale license, sucf�r
l �ice se may be revoked by the city councit or it may be revoked
by t e liquor control commiss ioner, but if revoked by the city
coun il , such revocation shall not be made until the city council
or its committee designated to hear license matters has held a
puh 1 i c hear i ng �ther�eon.
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Section 7
hat section 409. 16 of t e Saint Paul Legislative Code is
hereb amended to reaci as follows :
ec. 409. 16 Issuance of new licenses .
a) Applicability. T is section applies only to the
issua ce of new license and to the reissuance of licenses under
this chapter which have reverted to the City of Saint Paul for
any r ason, including revocation, the death of licensee, or lapse
of t e license by failure to renew. This section is not
appl'i able to renewals or tra sfers of licenses.
b� Special issuarice excise Tax - Off-sale:
( 1 ) The council s all condition the issuance or re-
issuance (hereaf'ter , "issuance" ) of a license under
this section upon ayment of the special issuance tax
in addition to all other requirements of this chapter
and this section.
(Z) The special issuance tax shall be an amount equal
to the fair market value of the license as defined in
subparagraph (3) of this subdivision.
(3) A license issued under this chapter and this
section is a pri ilege accorded to the licensee to
engage in the activities permitted thereunder, and is
neither property or a property right . The phrase
"fair market value , " therefore, means for the purpose
of this section, th pecuniary value customarily placed
upon the consent of a license holder to the transfer of
his license by t e parties to such a transfer as
autharized by this chapter and Section 310. 11 . The
value of such a co sent necessarily does not include
real propety, fixtures , equipment , inventory, good will
or any other assets.
(4) Such fair marke value, as defined in subparagraph
( 3) , shall be de ermined by motion agreed to by a
majority of the embers of the council after the
Council's committe designated to hear license matters
�a��-�g takes testim ny at a public hearing held before
the receipt of an application. Such value may be
established by te timony of the inspector regarding
recent license tra sfers , and shall be the value as
reasonably may be etermined on or about the time of
issuance of suc� license under this section. The
ea��re�� council's c mmittee designated to hear license
matters may also he r any other relevant evidence.
Notice of such pub ic hearing shall be publiahed ance �
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Notice of such pub ic hearing shatl he published once
in a newspaper of eneral circulation in the city not
less than ten ( 10) ays priar to such hearing.
(5) It is the inte t of the council in adopting this
section to gain fo the citizens of the City of Saint
Paul this value which is customarily placed on
transfers between private parties, rather than to
confer it upon one icensee as a windfall benefit.
(c) Special issuance tax - On-sale.
( 1 ) Notwithstandin any other provision of law or
ordin nce, the council shalt ondition the issuance or reissuance
(here fter, " issuance'") of a on-sale license under this section
upon payment of a special is uance tax determined in accordance
with this subdivisian, in a dition to all other requirements of
this hapter and this section The proceeds of such tax shall be
used for the redemption of 1 censes under Section 409. 19. The
terms " issuance or reissuance " as used in this suvdivision, do
not include the issuance of an on-sale license as an absolute
first priority under paragra h (e) of this section, and no such
tax witl be 9mposed thereon.
(2) The special ssuance tax shall be an amount
deter ined by the following s hedule:
a. From August. , 1984 through January 31 ,
1986 $40, 00 . 00.
b. Frorn Februa y 1 , 1986 through January 31 , 1987
$36,000. 00
c. From Februa y 1 , 1987 through January 31 ,
1988 $32,00 . 00.
d. From Februa y 1 , 1988 through January 31 ,
1989 $28,00 . 00.
e. From Februa y 1 , 1989 through December 31 ,
1989 $24, 00 . 00.
(3) An on-sale lic nse is a privilege accorded to the
licen ee to engage in the ac ivities permitted thereby, and is
neith r property nor a prope ty right. 5uch privilege is not
impli dly altered by the ci y's discretionary option to pay a
redem tion value for outstan ing licenses or by the payment of a
speci 1 issuance tax. Such rovisions have been adopted by the
city council in order to tak into account the private pecuniary
value customarily placed on he consent of a license holder to
the ransfer of a license by the private parties to that
trans ction, said transfer no being prohibited by law.
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(d) A plications :
( 1 ) The council shall , after determining the amount of
the pecial issuance tax, by motion instruct the inspector
to r ceive applications for the re-issuance of such license,
speci ying beginning �nd ending dates of a period not to exceed
thirt (30) days during which such applications will be rece7ved.
(2) Al1 a{�plicati ns shall be made on such forms and
conta 'n such information as he inspector may require and shatl
be ccompanied by an a plication fee of one I-�undred
dolla s($ 100. 00) . 5uch appl cation fee is in addition to the
propo tion of the special issuance excise tax required by
subpa agraph (4) of this su division, and in addition to the
annual license fee required b Section 409. 05. This application
fee hall be retained by he city to defray its expenses
hereu der whether or not the pplicant receives a license.
(3) Each applicati n must meet all the requirments of
law a d this section, includi g inspection of the premises sought
to b licensed by appropr ate officials of the division of
housi g and building code Pn orcement, the division of puk�lic
healt , and ttie department of fire and safety services. The
inspe tor shall refer each application to each of thie above
agencies and to the departmen of police for their inspection and
reco endation, and shall onduct such other investigation of
each �pticant as may be appr priate. When all inspectians have
been ade and recommendations received by the inspector, it shall
noti the council .
(4) Each applicat on shall be accompanied by the
depo it of a sum af money equal to ten ( 10) percent of the
speciai issuance excise tax 'n the form of a cashier's check or
certified check payable to th "City of Saint Paul . "
(5) In the event ei her the inspector or one of the
agen ies reporting on the ap lications, makes a recommendation
that no license be is ued to one or more applic-
cant , the inspector shall inform such applicants of that fact
�nd the grounds for the reco rnendation and provide them with an
oppo tun i ty to be heard b fore the E-i-�y� EedAe�-� counc i 1 's
committee designated to hear license matters before any other
acti n is taken on such re-i suance. The council shall , after
such hearing, determine wh se applications may further be
considered despite the adve se recommendation made. If tf�e
coun il determines that one or more re�ammendations for deniat
arP ell -founded, the applica ions involved shall not be included
for andom sele�tion.
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(e) S lection-Off-sale.
( 1 ) Up�n receivin the report from the inspector
ttiat. 11 the eligible applica ions have been received, inspected
and investic�ated, and afte having considered and determined
whose applications may furthe be considered despite any adverse
recom endation made, the ee r�e+� council 's committee desiqnated
to he r license matters shal by mation set a date for a public
heari g at which an applica t is to be chosen by random selec-
tion. All applicants are to e notified in writing af such date.
(2) At the public h aring, the secretary of the eaaAe�-�
council 's committee desi r�a ed to hear license matters shall
place the names of ail eligi le applicants on separate, equal -
sized pieces of paper, und r the supervision of the eee►�e��
council 's committee desi na ed to hear license matters. Such
p i ec:e of paper sha 1 1 be p 1 ac d i n ar� opaque conta i ner from wh i ch
one ame shall be drawn at random by a member of the eea�e�-�
c�ouncil ' s committee ciesi na ed to hear license rnatters as
desig ated by the presidin officer of the eed�►efi� council ' s
comrni ttee desiqnated to hear license matters . The applicant so
selec ed shall be announced, nd shall be awarded the license, by
resolution, upon payment with n forty-eight (48) hours tY�ereafter
of t e remaining ninety (��0 percent of the special issuance
excise tax.
(3) In the event t e applicant so chosen fails to pay
the remainder of th�e specia issuance excise tax within forty-
eigh�t (48) hours , the eear�efi council 's committee designated to
hear license matters shall se ect another app) icant in accordance
with the procedures in this s ction.
(4) The deposit f ten ( 10) percent of the special
issu nce excis� tax shall e retained by the city until the
lice se is awarded, after which time the deposits of the
unsu cessful applicants shall be refunded. In the event any
applicant demands and recei es back his deposit prior to th�
awar of th�ie license, the pplication shall be deemed to have
been withdrawn.
(f) election-On-sale.
( 1 ) Upon receivin the report from the inspector
that alt the eligible applica ions have been received, inspected
and investigated, and after earing having considered and deter-
mine whose application may further be considered despite any
adve se recommendation made, the eeaAefi� council ' s committee
desi nated to hear license m tters shall by motion set a date
for a public hearing at whic one or more applicants, depending
on t e number of licenses to e iss�ed, are to be chosen accord-
ing o the priorities set for h in this subdivision.
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(2) If there are mo e yualified applicants than on-sale
licen es to be issued, appl cants shall be entitled to receive
such licenses according to th following order of priority:
a. As an absolute first priority, an appiicant wha
purchases an exi ting business having an on-sale
license with the i tent of operating said business at
the same location f r at least one year thereafter;
b. Applicants for he operation of restaurants capable
of seating and s rving meals to not less that one
hundred ( 100) guest at one time, ranked in the order
of such seatinc� an serving capacity from the greatest
number down to one undred ( 100) ;
c. Applicants for t e operation of hotels having dining
rooms capable of se ting and serving meals to not less
than fifty (50) gue ts at one time, ranked in the order
of such seating an serving capacity from the greatest
number down to fift (50) ;
d. Applicants for the operation of restaurants or
hotels not covere above, ranked in the order of
capacity for seati g and serving meals to guests from
the greatest to the lowest seating and serving
capacity; and
e. All other appli ants, in the order by date and time
on which their com leted applications were recieved by
the license inspect r.
o person whose license was redeemed by the city may apply
for t e issuance of a new on- ale l �icense within one year of such
redem tion.
(g) Nonissuance. Nothing contained in this section
shall obligate the City of Saint Paul , nor imply any obligation,
to r issue any licenses whi h have reverted to the city. The
City ouncil may, by resoluti n, declare that such licenses shall
not b reissued, specifying ny length of time deemed advisable
durin which no such licenses shall be re-issued.
(h) Council cont ct p.rohibited. No person may
commu icate with any rnember of the city council regarding any
appli ation or applicant for issuance or re-issuance of a license
pursu nt to this section unle s such communication is made during
the ourse of a pub l i c hea i ng before the eea�►e-i-� counc i l ' s
commi tee desiqnated to hea license matters held pursuant to
this ection.
( i ) Neighborhood etterment Fund. A Neighborhood
Bette ment Fund is hereby est blished, to which ten ( 10) percent
of he proceeds of the special issuance tax is hereby
appro riated 5uch fund shall be used to assist the housing and
redev lopment autharity of the City of Saint Paul , Minnesota, in
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the cquistion, clearance or redevelopment of blighted or
deter orated areas and st uctures in neighborhoods tiaving
conce trations of busines es licensed for tF�e sale and
consu ption of intoxicating liquor on the premises, which
acqui tion, clearance or red velopment are hereby determined to
be fo a public purpose. Su h purposes and uses of the fund may
inclu e the acquistion of the real or personat property of
exist ng on-sale liquor busin sses, and affirmative assistance of
finan ing of minority-owned b sinesses seeking or needing on-sale
intox cating liquor licenses .
S ction 8
hat section 409. 20 of t. e Saint Paul Leg�islative Code is
hereb amended to read as follows:
ec. 409.20 Commercial d velapment districts.
a) Commercial developme t districts, as defined in 5ection
17. 07 1 of the City Charter, may be created or expanded by the
filin in the office of the city clerk of a written petition
there ore setting forth the oundaries of the expanded district,
and c ntaining the written co sent of the owners of two-thirds of
the s veral descriptions of r al estate situate within the new or
area f the expanded district, togettier with the written consent
of t e owners of two-thirds f the several descriptions of real
estat situated within one hundred ( 100) feet af the new or
Pxpan ed district, and aft r the affirmative vote in favor
there f by at least five (5) embers of the city council .
b) The city council ma waive the requirements far consent
signa ures if the city council shall determine that a hardship
exist therefore, and in suc case the council may, on its own,
inita e the process af cr ting or expanding a commercial
devel pment district. In su h case, the af�irmative vote of at
least (5) members of the city council shall be rPquired to create
or ex and any such district.
c) In all such cases, the planning commission shall be
consu ted for advice concerning the proposals for consistency
with he city' s comprehensive lan and zoning ordinances, and the
plann ng commission shall rep rt in writing to the city council
its findings and recommendatio s.
d) Upon receipt of the eport of the p7anning commissiQn,
the adAe-t� council 's commi tee designated to hear license
matte s shall fix a date fo public hearing ta consider the
petition or proposal to create or expand a commercial development
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dist ict and af�'ord an oppor unity to all affected persons to t�e
hear . The city clerk sha 1 cause notice of the hearing to be
publ shed once in the offici 1 newspaper of the city, and mailed
noti e thereof shall be gi en by the department of finance and
mana ernent services to all o ners of land within the new or area
of he expanded district . Published notice and mailed notice
shal be made at least twent (20) days in advanced of the public
hear 'ng.
ection 9
That section 410. 03 (h) f trie Saint Paul Legislative Cod� is
here y amended to read as follows:
(h) Public hearing; notices. No new on-sale or off-sale
lice se shall be issued until the council ' s committee designated
to h ar license matters shall have first held a public hearing on
the pplication. The notifi ation requirements applicable to
tran fer or change in ticens d areas in Section 410.07 st�iall be
appl cable in the issuance o new license.
5 ction 10
That sec:tion 410. 07(g) f the Saint Paul Legislative Code is
here y amended to read as follows :
(g) The eeaAe�-� coun il ' s committee desic�nated to hear
lice se matters shall then schedule a date for public hearing
upon said application for t ansfer or change in licensed area.
At east forty-five (45) days before a public hearing on a
tran fer or change in licens d area, the department shall notify
by ail ali owners and oc upant.s who own property or reside
with n three hundred fifty (350) feet. of the establishment to
whic the license is to be t ansferred or area changed, and all
comm nity organizations that have previously registered with said
depa tment to be notified o any such application, of the time,
plac and the purpose of suc hearing, said three hundrer� fifty
(350 feet being calculated nd computed as the distance measured
in straight line from the property line of the building where
into icating liquor is sol , consumed or kept for sale to the
prop rty tine owned, leased r under the control of the resident.
Prio to the hearing date, said department shall submit to the
eear� fi� councit 's committee esi nated to hiear license matters� a
list` of the names and addres es of each person or organization to
whom notice was sent, an certificatian of such list by the
depa tment shall be concl sive evidence of such notice. A
tran fer or change in lic nsed area under this section only
beco es effective upon compliance with this section and consent
of t e council by resolution. The failure to give mailed notice
to o ners or occupants residing within three hundred fifty (350)
feet or to community organi ations, or defects in the notice,
shal not invatidate the transfer provided a bona fide attempt to
comp y with this section has been made. A bona fide attempt is
evid nced by a notice addressed to "owner" and to "occupant" of
the isted address. Only one notice need be mailed to each house
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MR. PRESID � SCHEIBEL - .'
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WHITE - CITY CLERK .
PINK - FIyANCE COLLIICII /�/'
BLUERV- MAYORTMENT GITY OF S INT PAiTL File NO. ��'�/ r
� p •
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O� Z CLIZCP. Ordinance NO. �7��1
Presented By
Referred To Committee: Date
Out of Comm'ttee By Date
or ea h rental unit within a m ltiple—family dwelling regardless
of the number of occupants.
Sect ' on 11
T is ordinance shall take ffect and be in force thirty days
from a d after its passage , app oval and publication.
12
COUNCIL MEMB S
Yeas Nays ,^, Requested by Department of:
Dimond
�- In Favor
Goswitz �,t�
Rettman `r
Scheibel Against By
Zeane�
Wilson
\ �PR 1 (� '�� Form Approved by Cit Attorney
Adopted by Council: Date
Certified Pas e y '1 e ry By t �
By � �
Approved Mayor: e 2 � ��� Approved by Mayor for Submission to Council
B �' BY
PUBtISHEO H�'<< � � 19 88
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�`�!, ;a.�. i`� ���; �
I �,
Est. Presenting
Time � � Councilmember/Staff
FINANCE � BUDGET
#
2:30 7. Resolution distrihuting eyua ly to each Councilmember a gi � ) Wi �so� _
portion of City Council budg t in objPCt codes 020U and
0300 to be used as t�he demar� s fc�r committees and communi- �
t i es requ i re arid d i rect i riy tf ie D i r Pctor of Counc i 1 Research
to review Council budyet and make rer_�rrnnendation to reflect �
this change for final approv 1 by CitY Council within 30 `
days of passage oF i,his reso ution. (l.aid over from Commit-
tee meeting March 7) ; and Pr posed Amendment (attached).
L I CENS I NG LG.id over to Tlarch 28 �
2:45 8. Report from City Attorney on Miller's Bar liquor license Jerry Segal
investigation. (Laid over f om Committee meeting March 7)
2:50 9. Report from City Attorney on Belmont Club liquor license Jerry Segal ;
investigation. (Laid over f om Committee meeting March 7) " �
2:55 10. Report from License inspecto on 7th Street Trolley liquor Jerry Segal
license investigation. (Lai over from Committee meeting
March 7)
3:00 11 . Resolution appr�oving the pr cess to utilize a hearing Bob Long
1 examiner in adverse actions involvina license matters,
limiting the scope of revie by Council on hearing
e examiner's report, and prohibiting ex-parte contacts. � -
_ (Referred _from C i ty__�QUnc i_l me�t i ng_Marct?.3) Approved as ar.iend�,d
_ _
-_-_--- __ -__�
3: 15 2. ,/� ��r�w""�N`��' wp�r��,ons t�f tl�e :1�gi s- ��, Bob Long/ -.
�,.�ative Code to �:1 public h��ng,�o�" license matters `tJerry Segal `
,j t�p b�;,h�id° esig a �r�►r�te,e..��r��ed ��h ,
�
w. � .�;�'t:�eY"�`C�^'�s `
��_ _ _.____.�..._ . ._ . _ � � � �
-_�_._ -- _ ___,,__,��._ _.�
Note: Ag nda order is tentative and m y be changed by the c�-�- ommittee if
ci cumstances dictate. Agenda imes are provided as a rough estimate
so city staff invalved in prese tations can plan their work schedule
to minimize the time spent wait ny for their agenda item. The
co mittee may telepf�ione any sch duled presentar and ask them to
ad ance their presentation if tie comrnittee is running ahead of �
sc edule. �
_
Note: Th March 21st Finance, Managem .nt 8 Personnel Committee meeting �
will begin at 2:30 p.m, and con inue until 4:30 p.m.
. }
7
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l 2 i
- . 1�nbEZB:
. Bob Long, Chafr
% CITY OF SA. NT PA�'L Janice Rettm�t
� .1�� � pe'FI ' Tom Iri�ond
. C� OF TFZE ITY COIINCIL
� � Committee P�port
� F' ce Ma a eme�t & ersonnel o 'ttee. �- -
;
MAR�3 14, i9� ' �
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Est.� ---- ----- _--- #
Time Presenting �
Counc i 1 mc+rnber/Staff
1:30 1 . A roval of minutes of Marcti 7t meeting. �
PE S NE � �
I
1 :35 2. Re olution amendinrt.the Salary lan and K.3tes of Com-- Mark Robertson
pe satian RPSOIui:inn in Se�kio i n�rt-.aining to carry
ov r of unusAd va���ti�?ri t4� s.�.ibs .quent year. (Referred � �
fr m City Counci } rnentino Marc 3) �pro�
1 :45 3. An ordinance amendinq the Civii Service Ru1PS try est�b- Tom Dtnand
li hing the classific:ation �f egislatiup SPr_retary in
tli unclassifiPd servir_�, tt.aid over frorn Committee
me t i ng Febru�rv 29 f Lai.d over to N,arch 28
4. An Administrative Resolution a ending the Saiary Plan Tom Dimond t
a Rates of Comnensation Reso ution reeaardtng the s
� r e of pay for the classifica ton of Legislative Sec- • `
r tary. tLaid over frorn Commt tee meeting February 29) -
Laid ov�r to I�arch 28
FINANC 3 BUDGET
2:OS 5. R so I ut i on amenci i nQ t hn i 9�3�! b clget by acid i n $200.
9 000 ifath� Stack
t the Financing anrj Spending lans for Public Health
D vision - Remov�i of Var_ant a d Hazardous Buildings
P ogram, and that the Hf2A $80U 000 funrj b�1 ance i s - �
r leased and added back to NRA Development Fund. (L,aid +
o er from Conxni.ttee mPf�ting Ma ch 7) Approved as amended
2:20 6. R so 1 ut i r.+n �m�►,�i s�,q r.r,p 1�At' h d�At bv h ransferr i r�g !<athy Stack
$ c.038 From Cont i ncar.nF RP;Prv, tv +:h� Deu%�rtment of
E: ecutive Administrati��n-Perrsomel Offtce and Generai
� f; vernmPnt Accounf.,-•Fr. in�e Ben fits, (I_aid ove►- from
(, rmnittee meeting Febru�ry 29) and Proposed Amendrnent
( �tached) . . . .
-. _ Approve� as amended
CTIY HAI.1. _ .
� ' SEVENTH FLOOR . SA1NT Pt1�Ui..MINNESOTt1�53tQ2 .
... _
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(d) A plications :
tl ) The council shall , after determining the a unt of
the pecial issuance tax, y motion instruct the i spector
to r ceive applications for he re-issuance of such license,
speci ying beginning and ending dates of a period not o exceed
thirt (30) days during which such applications will e received.
(2) All applicati ns shall be made on s ch forms and
conta n such information as he inspectar may re ire and shall
be ccompanied by an a plication fee of one hundred
dolla s ($100. 00) . 5uch application fee is in ddition to the
propo tion of the special issuance excise tax required by
subpa agraph (4) of this su division, and i addition to the
annua license fee required b Section 409. 0 . This a�plication
fee hall be retained by he city to efray its expenses
hereu der whether or not the pplicant rec ves a license.
(3) Each applicati n must mee all the requirments of
law a d this section, includi g inspect ' n of the premises sought
to b licensed by appropr ate offi ials of the division of
housi g and building code en orcemen , the division of public
healt , and the department of fir and safety services. The
insp ctor shall refer each appli ation to each of the above
agencies and to the departmen of olice for their inspection and
reco mendation, and shall on ct such other investigation of
each applicant as may be appr pr ate. When all inspections have
been made and recommendations r ceived by the inspector, it shall
- noti y �he council .
(4) Each applic ion shall be accompanied by the
depo it of a sum of mo y equai to ten ( 10) percent of the
special issuance excise x in the form of a cashier' s check or
eert fied check payable th "City of Saint Paul . "
(5) In the ev nt ei her the inspectar or
one f the agencies r ortin on the applications, � i
' � �, kes a recommenda�tion that no iicense be
issu d to one or m e appli ants, the inspector shall inform
such applicants of that fac and the grounds for the recommenda-
tion and provide em with a ap�ortunity to be heard before the
6-i-�p EeaRe+� uncil 's c mmittee desic�nated to hear license
matt rs befor any other a tion is taken on such re-issuance.
The ouncil sh 1 , after su h hearing, determine whose applica-
tion may fu ther be consi ered despite the adverse recommenda-
tion made. f the council etermines that one or more recommen-
dati ns for denial are well founded, the applicatians invotved
shall not b included for ra dom setection.
7
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WNtTE - CITY CLERK
PINK - FINANCE � GITY OF AINT PAITL Councii �g .3i� � �
CANARr-pEPARTMENT
BIUE -MAYOR . FIIe NO.
Ordi �/`�� Ordinance N�.
,
Presented By
Referred To Committee: Date
Out of Co�i ittee By Date
n inance arrena�ng sec ions . d , " 10.05 (c) ,310. 11 � , �
(b) , � 409.06tc-1) , 409. I1,. 409. 2, 409. 16, 409.20, 410.E13 � �A,��� ��
(h) nd .410.07(g) of the Saint P ul Legislative Code /� �
pert ining to license hearings and praviding that such � ""' � -�
hear ngs shali be conducted b fore a committee of the �t"-t� �
Coun il . �
The Counr_ ) of the City of Saint Paul oes Ordain: �p(�U�
� ` �� � � �
Section 1
L �
That sectian 310.04(d)'�,of tne Sai t Paul l.egislative Code is
hereby am nded ta read as fo��ows:
�.�
(d) Class III_licenses. 'iJpon r ceipt of a fully compieted
appiicati n and required fees for'�� C1 ss III iicens�, and after
the inves igatian required, the +AS�ee ar� License Division {hereinafter
"Division' shall notify the councii4.� A pubtic hearing shail be
held by the �eedAefi} council 's comrr� ttee designated to �ear �
license m tters on the grant, issuanc �or transfer of ali Class
IIi licen es. 7he eeaAefi� council 's c m ittee desiqnated to F►ear
license m tters may hoid a hearing n e renewal of any Class
III lice se. In any case where the ivis�'iorr or a Departmen�
reportinq on the application, and t e Cit�� Attornev's Office
recammend denial of the grant, issua ce, rertQw�l or transfer or
a Class II license, or where the ea �e-�� cc+�nril 's committee
desi nate t� hear license matters b ii�ves that evidence might
be recei ed at the public hearing whi h might re�lt in action .
adverse o the appiication, the fifls ee�e�° Divisi n or eeaAefi�
council 's committee designated to he r iicense mai ters shali
follow t e procedures for notice and hearing as se't forth in
Section 3 0.05. Where the applicatio for the grant; . issuance,
renewal o transfer ot a Class III lic nse meets al } the require- �
ments of aw, and where there exists o ground for adve�se action,
the coun il shall by re5olution dire t that the �RSryee�e�° �ivision issue
sai d i i ce s i n �`�
COUNCIL MEMBER
Yeas ys Requested by Departme�t of: �
Dimond
��g In Favor
Goswitz `�
RetUman '�
s�ne;�i Against gy
Sonnen
i
WI�S011 � - �
1�
Adopted by Council• Date Form Approved by City Attom�y �
. �
Certified Passed by Co ncil Secretary BY
By
Approved by Mayor: te ' Appzoved by Mayor for Submission to Co�ncil
Se tion 2
at Section 310.05(c) of the Saint Paul Legislative Code is
hereby amended to read as foll ws:
� ) Hearing. The hear'ng shall be held by the ee�ne��
counci 's committee desi nate to hear license matters, which `
s a a f�,� e applicant r the�icensee an opportunit� to
presen evil��ence and argument as well as meet adverse testimony '
or e idence� by reasonable ross-examination and rebuttal
eviden e. Th eeeuse�� coun il's committee desiqnated to hear
� licens matters may in its i re ion permit other intereste�
person �e -op� unity to esent testimony or evidence or
otherw'se particip e in such aring.
Sec ion 3
Th t section 310.1 (b) of he Saint Paul Legislative Code is
hereby mended to read a follo s:
(b Licenses transfer le; conditions. All licenses issued
by the City of Saint Pa s all be transferable unless the
specifi chapter of the Sain P ul Legislative Code pertaining to
each s� cific license shall s e ifically prohibit the transfer of
such li ense. No transfer of y Class III license issued b� the
of the ity of Saint Paul shall e effective until the Cou�cil of
the Ci y of Saint Paul has a� oved the transfer following a
public hearing � the Counci ' committee des�i �n� a_ted to hear
license matters and a reso u io approving said tran�er si
passed, approved and publis ed. Both the transferor and
transfe ee shall make applicat on r transfer of a license on
such f rms as may be presc ibed by the division, and in
accorda ce with Section 310.02
Sec io� 4
Th t Section 409.06(c-1) o the St. Faul Legislative Code is
hereby mended to read as follo s:
(c 1) Public hearing; noti es. No ne license for either on
sale o off sale shall be is ued until t e ee�re�� council�s
committ e desi nated to hear icense matte s shall have firs
e a p ic earing on—�e .app ica ion. The notification
require ents ap�licable to icense trans ers or change in
license areas in Section 40 .11 shall be pplicable in the
issuanc of new licenses.
Sec ion 5
Th t section 409.11(a) of e Saint Paul Le 'slative Code is
hereby mended to read as follo s:
(aj No license granted her nder shall be tra ferable f�om
person to person or from plac to place (includin changes in
license areas) without the co ent of the city co�incil, which
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consen shall be evidenced y resolution pas�ed by the city
counci . No license grante for a specified part of any
partic lar �remises shall �e it sales of such liquor on a part
of suc premises not specified in the Iicense; provided, however,
that t e council may, by reso ution, grant the right to use such
other ortions of the premises for such sales.
The tr nsfer of stock in any c rporate license s1ia11 be deemed a
transf r within the meaning of this section, and no such transfer
of sto k shall be made without the consent of the city council.
It is hereby made'''the duty o the officers of an� corporation
holdin a license iss�ued unde the authority of this chapter to
notify the city counc��t of an proposed sale or transfer of any �
stock n such corporatic� , an no such sale or. �ransfer of stock .
shall be effective with ut t e consent of the council given in
the m nner above set fort . The transfer of any stock without
the owledge and consent f the city council shall be deemed
suffic ent cause for revoc 'on by the couricil of any Ticense
grante to such corporation u er the authority of this chapter.
Such orporate afficers sha l also notify the city council
whenev r any change is mad n the officers of any such
corpor tion, and the failur so notify the council shall
likewi e be sufficient cause f r r ocation of any liquor license
grante to such corporation.
Notwit standing the provision of th s section, publicly owned
corpor tion whose stock is tr ed in he open market may comply
with , e requirements pertai in� to s ock ownership and stock
transf r by furnishing the co cil wit the nan�es and addresses
of all stockholders of record on each enewal of the license.
An ap lication for the transfe of such a license shall be made
by the ransferee upon forms fu nished by e division of license
and p it administration of the depart ent of finance and
� manage nt services. Prior t the city c ncil's consideration
of sai application, the appli ation shall e read by the city
clerk�, t the next regular me ting of the ity council.
The ee ne�� council's commit ee desiqnated to hear license
matters shall then schedule a ate for public earing upo d
app ica ion for transfer or c ange in licens8 area. At least
forty-f:ve° (45) days before a public hearing a transfer or
change n licensed area, the d partment shall n tify by mail all
owners and occupants who own roperty or resi e within three
hundred fifty (350) feet of the establishment to which the
license is to be transferred or area changed, an all community
organiz tion that have previous � rec�istered with aid department
to be otified of any such app ication, of the t me, place and
the pu ose of such hearing, s id three hundred f fty (350) feet
beinc� alculated and compute as the distance m asured in a
straic�h line from the. prope ty line of the building where
intoxic ting liquor is sold, consumed or kept for°',sale to the
propert line owned, leased or nder the control of the resident.
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Prior � to��,,the hearing date, s id department shall submit to the
eenne� council's committee d si nated to hear license matters a
list o t ie •�ames an�c`a�C�resse of eac person or orga�iza�i n to
whom otice `�.,was sent, and c rtification of such list by the
depart ent sh�ll be conclus ve evidence of such notice. A
transf r or ch�r►ge in licen ed area under this section only
become effectiv�e upon compli nce with this section and consent
of the council by `�esolution. The failure to give mailed notice
to o ers or occup`�nts residi g within three hundred fifty (350)
feet, or to communi�tX organiz tions, or defects in the notice,
shall ot invalidate the trans er provided a bona fide attempt to
comply with this section has een made. A bona fide attempt is
eviden ed by a notice `�ddress d to °owner" and to noccupant" of
the li ted address. Onl�i one otice need be mailed to each house
or eac rental unit withix} a m Ztiple-family dwelling regardless
� of the number of occupants.
The n ification requireme�t of this section shall not be
applic le where the licen'se is to be transferred to a place
locate within the downtown b�. iness district. For purposes of
this se tion, downtown busines district shall include all that
portion of the City of Saint Pa ��3. lying within and bounded by the
followi g streets: Beginning a he intersection of Shepard Road
with C estnut Street, to Ple s t Avenue, Pleasant Avenue to
Kellogg Street, Kellogg Street o mmit Avenue, Summit Avenue to
Tenth S reet, Tenth Street to nte tate Freeway 94, Interstate
Freeway 94 to Lafayette Bridge La yette Bridge to where the �
bridge rosses over Warner Road War•er Road to Shepard, Shepard
Road to Chestnut Street.
Sec ion 6
Th t section 409.12 of the Saint Pau Legislative Code is
hereby mended to read as follo s: �
� �
� Se . 409.12. Revocation of license.
�� An license granted hereun er may be rev ked for a violat.ion
of any rovision of this chapte or of the li or control act of
the Sta e of Minnesota. If the iolator is th holder of an on-
sale li ense, such license may e revoked by th city council.
If the ialator is the holder o an off-sale li ense, such
license ,ay be revoked by the ci y council or it may be revoked
by the iquor control commisssio er, but if revo d by the city
council, such revocation shall n t be made until he city council �
or its committee desiqnated to hear license matt rs has held a
public aring thereon. �
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Se tion ?
T at sectiori 409.16 of th Saint Paul Legislative Code is
hereby amended to`�,xead as foll ws:
S c. 409.16 Iss�iance of n w licenses. �
O Applicabilit�. Th s section applies only to the
issuan e of new licens and t the reissuance of licenses under
this hapter which hav reve ed to the City of Saint •Paul for
any re son, including rev�ati n, the death of licensee, or lapse
of th license by failu�e to renew. This section is not
applic bl,e to renewals or tr�n fers of licenses.
( j Special issuance exci` e Tax - Off-salez
<,
(i) The council sh 1� condition the issuance or re-
_ issuance �hereafter '���ssuance") of a license under
this section upon p yme�i� of the special issuance tax
in addition to all ther �+�equirements of this chapter
and this section. "'��
�
(2) The s�ecial iss ance ta�, shall be an amo�nt equal
to the fair market alue of �e license as defined in
subparagraph (3) of his subdi�aision.
.;t
(3) A license is ued und�r t'}�is chapter and this
section is a priv lege accorde� to the licensee to
enc�age in the activi ies permitte � thereunder, and is
neither property n r a property " , ight. The phrase
"fair market value, ' therefore, m ans for the purpose
of this section, the pecuniary value customarily placed
u�on the consent of license holder o the transfer of
his license by th parties to suc ' a transfer as
authorized by this chapter and Secti�n 310.11. The
, value of such a con ent necessaril�r do s not include
' ti real 'propety, fixtur s, equipment, inver�,tory, good will '
or any other assets. ��
(4) Such fair market value, as defined i subparagraph
(3) , � shall be det rmined by motion agr ed to by a
majority of the m mbers of the council`•� after the
Council's committee desi nated to hear lic nse matters
�a �ng akes estimo y a a p 1 a �aring �ore
the rec ie pt of any application. Such val e ma� .be
established by tes imony of the tnspeeta� Division
rega'rding recent li ense transferss and sha l be the
value as reasonabl may be determined on or bout the
time` of issuance of such license under this section.
The leet�ne�� counci 's committee �desi nated o hear
licTe matters ma also�iear an- y other �elevant
evidence.
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Notice of such pub ic hearing shall be.published once
in a newspaper of eneral circulation in the city not
less than ten (10) ays prior to such hearing.
(5) It is the inte t of the council in adopting this
section ' ,to gain fo the citizens of the City of Saint
Paul tYi�,s value hich is customarily placed on
transfers �`�etween rivate , parties, rather than to
� confer it up�n one icensee as a windfall benefit.
(cj Special issuanc� tax On-sale.
(1) Notwithstan 'n any other �rovision of law or
ordin ce, the council shal c ndition the issuance or reissuance
(herea ter, "issuance") of on-sale license under this section
u�on a�nent of a special is ance tax determined in accordance
with his subdivision, in ad 'tion to all other requirements of
this c apter and this section. he proceeds of such tax shall be
tised � or the redemption of li e es under Section 409.19. The
terms 'issuance or reissuance, ' a used in this suvdivision, do
not i clude the issuance of n o sale license as an alasolute
first priority under paragrap (e) f this section, and no such
tax wi 1 be imposed thereon.
(2) The special i suance tax shall be an amount
determ ned by the following sc edule:
a. From August 1 1984 thro gh January 31,
1986 tt40, 000 00.
b. From Februa l, 1986 thr ugh January 31, 1987
tt36,000.00.
c. From Februa 1, 1987 throu January 31,
1988 tt32,000 00.
d. From Februa 1, 1988 through anuary 31,
1989 rx28,000 00. ,�
e. From Februa 1, 1989 through De�ember 31,
�
1989 �t24,000.00. �
(3) �An on-sale lice se is a privilege acy�orded to the
licens e to engage in the act' ities permitted ther`�by, and is
neithe property nor a proper ric�ht. Such privil�,ege is not
implie ly altered by the cit 's disCretionary optio"� to pay a
redemp ion value for outstandi g licenses or by the payment of a
specia issuance tax. Such p visions have been adop ed by the
city ouncil in order to take 'nto account the privat� pecuniary
. value customarily placed on th consent of a license ��holder to
the t ansfer ;`' of a license y,the private parties;, ta that
transa ion, said transfer now eing prohibited by law. `
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(d) Applicati ns:
( 1 ) Th council shall , af er determining the amount of
the sp cial iss nce tax, by m4tion instruct the #AS�ee�er
Div�sio to recei e applications or the re-is�uance o1= such
license specifying ginning and en ing dates of a period not to
exceed thirty (30) d�is cturing whic such applications wili be
receive . ��
� .
(2) All appli�tions sha 1 be made on such forms and
contain such information �s the ins ector may require ancl shall
be ac ompanied by an �pplicat on fee of one hundrec!
c�ollars �lUO.UU} , 5uch app'i"v,eation fee is in acidi�ion ta the
proportion of the special ''i,ssuan e excise tax required by
subpara raph (4} of this subdti:visi n, and in addition to the
annual license fee required by S�cti n 409.05. This application
fez sh il be retainecJ by the �:4ci y to defray its expenses
hereund r whether or not the appliCa t receives a license. -
(3) Each application must , eet all the requirments of
law and his section, including .insp �tion of' the premises sought
to be licenseci by appropriate of i�,ia)s ot the division of
housing and building code enforceme t, �, the division of public
health, and the department of fir anc� safety services. 7he
+r�sr�?P*�e �i v i s i on sha 1 1 refer eac app�,i cat i on to each of the
above a encies and to the depar ent �,of police for their
inspPCti n and recommenaation, an shall `�, conduct such other
i�vestia tion oF each appiicant as ma be .ap�ropriate. When all
inspecti ns have been made and reco mendati'bns received by the
+�s�ee�e �ivision. it shall notify t e co�nci�� .
,
(4) Each application sha11 be acc�pmpanied by the
deposit ofi a sum of money equal t ten ( 10) '�percent of the -
special issuance excise tax in the f rm af a casllier's check or
certifie check payable to the "City f Saint Paul ��"
� �a� � �
(5) In the event either the fiRSpee�a� Divi��ion or
one oF t e ac�encies reporting on the pplications, a',�d the City
Attorne s Office makes a recortanen ation that no _�license be
issued o one or more applicants, t e -�ASpee�er Divi ian shail
inrorm uch appiicants of that fiac ana the grouncl�, for the
recommen ation and proviCe them with an opportunity to be heard
before he E+?�q E�tlAefi} councit 's c mmittee desiqnate to hear
) icense matters before any other a tion is taken on uch re-
issuance. The council shall , �fter s ch hearing, cietermi e whose
applicati ns may further� be consi ered despite the adverse
recommen tion macfe. If the council determines that one r more
recommen tions for denial are well founded, the appli ations
involved hal ) not be included for ra dom selection.
, �
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(e) S lection-Off-sale.
(1) Upon receivin the report from the �n�peeter
Div' on that all the eligib e applications have been received,
insp ed and investigated, and after having considered and
dete ined whose application may further be considered despite
any,a erse recommendation ma e, the ee�ne�� council's committee
desi a ed to hear license atters shall b� motion set a�a�e
for lic he ira ng at w i h an applicant is to be chosen by
rando se ction. All appli ants are to be notified in writing
of su h da .
(2) At the public h ring, the secretary of the eet�ne��
counci 's co ittee desi nat d to hear license matters shall �
p,ace e nam o al e igi e applicants on separ��' equal-
sized pieces o paper, unde the supervision af the eet�r����
counci 's commi ee desi nat d to hear license matters. Such
pieces of paper s 11 be place in an opaque container from which
one n me shall be drawn at andom by a member of the ea�tn���
cpunci 's committee desi nat d to hear license matters as
desic�n ted by the residing officer of the ee�ne#� council's
commit tee desiqnated o hear icense matters. The app�icant so
select d shall be annou'�ced, a d shall be awarded the license, by
resolu ion, u�on payment�.,withi forty-eight (48) hours thereafter
of th remaining ninet�,, (90) percent of the special issuance
excise tax. '��
(3) In the event� th applicant so chasen fails to pay
- the r mainder of the speci 1 issuance excise tax within forty-
eight 48) hours, the eettne� council's committee desiqnated to
hear 1 cense matters shall sel ct ano er app icant in accordance
w ti h t e procedures in this se ion.
;
` (4) The deposit o n (10) percent of the special
issuari e excise tax shall b r tained by the city until the
licens is awarded, after hic time the deposits of the
unsucc ssful applicants shal be funded. In the event any
applxc nt demands and receiv s bac �: his deposit prior to the
award of the license, the a licati�n shall be deemed to have
been w'thdrawn. �.,
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(f) Se ection-On-sale. ,
I
(1) ' Upon receiving the repo from the gx9pee�e�
Divisio that� all the eligible application have been received,
inspect d and investigated, a d after hear'ng having considered
and de ermined whose applica ion may fu her be . considered
despite any adverse recommenda ion made, the eet�r�e�� council's
committ e designated to hear li ense matters all by ma ion se
a � date for a public hea ir ng a which one or ore applicants,
dependi g on ` the number of 1 censes to be issu , are to be
chosen ccording to the priorit es set forth in th s subdivision.
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(2) If there are mo e qualified applicants than on-sale
licen es to be issued, appl'cants shall be entitled to receive
such icenses accordinq to th following order of priority:
As an absolute first priority, an applicant who
pu hases an exis ing business having an on-sale
lice se with the in ent of operating said business at
the s e location fo at least one year thereafter;
b. Appl ants for t e operation of restaurants capable
of seatin and se ing meals to not less that one
hundred (10 ,guests at one time, ranked in the order
of such sea ng and serving capacity from the greatest
number down t one h ndred (100) ;
c. Applicants f th .operation of hotels having dining
rooms capable of ea ing and serving meals to not • less
than fifty (50) es s at one time, ranked in the order
— of such seating a d serving capacity from the greatest
number down to fift (50) ;
d. Applicants for he operation of restaurants or
hotels not covered bove, ranked in the order of
capacity for seating a"r�d serving meals to guests from
j the greatest to t eF�, lowest seating and serving
capacity; and
e. Al1 other.applica ts, in the order by date and time
on which their compl ted applications were recieved by
the license inspector
No person whose license w s redeemed by the city may apply
for the issuance of a new on-sa e license.. within one year of such
redempt on. �
(g) Nonissuance. N thing conta�,ned in this section
. shall o ligate the City of Sain Paul, nor �,mply any obligation,
to rei sue any licenses which ave reverted��to the city. The
City Co ncil may, by resolution, declare that uch licenses shall
not be issued, specifying any length of tim� deemed advisable
during ich no such licenses sh 11 be re-issue�.
�
(h) ' Council contact prohibited. o person may
communic te with any member of the city council regardinc� any
applicat'on or applicant for iss ance or re�issuan e of a license
pursuant to this section unless uch communication 's made during
the cou se of a public hearin before the eet�a �� council's
committe desiqnated to hear 1 cense matters held gursua�to
this sec ion. �- —
(i) � Neighborhood Bet erment Fund. A ighborhood
Betterme t Fund is hereby establ 'shed, to which ten ( . Oj percent
of the proceeds of the spe ial issuance tax is hereby
appropri ted� Such fund shall b used to assist the housing and
redevelo ment authority of the Ci y of Saint Paul, Minnesota, in
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the cquistion, clearance or redevelopment of blighted or
deter'orated areas and st ctures in neighborhoods having
conce trations of busines es licensed for the sale and
cons ption of intoxicating liquor on the premises, . which
acqui tion, clearance or red velopment are hereby determined to
be fo a public purpose. Su h purposes and uses of the fund may
inclu e the acquistion of the real or �ersonal pro ert of
exist ng on-sale liquor busin sses, and affirmative assistance of
. finan ing of minority-owned b sinesses seeking or needing on-sale
intox cating liquo�r licenses.
:a,.
� s ction s
;
hat section 409 20 of t e Saint Paul Legislative Gade is
hereb amended to rea as fol ows:
ec. 409.20 Commer ial d elopment districts.
— (a) Commercial devel pme districts, as defined in Section
17.07.1 of the City Cha r, may be created or expanded by the
filin in the office of e ity clerk of a written �etition
theref re setting forth th b undaries of the expanded district,
and co taining the written cb.�n ent of the awners of two-thirds of
the se eral descriptions of r� 1 estate situate within the new or
area o the expanded district,`, together with the written consent
of th owners of two-thirds o , the several descriptions of real
estate situated within one undred (100) feet of the new or '
expand d district, and afte 'the affirmative vote in favor
thereo by at least five (5) m mbers of the city council.
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�'" � O The city council ma� waive the requirements for consent
sic�nat res if, the city counci shall determine that a hardship
exists the'refore, and in such case the council may, on its own,
initat the �rocess of cre ting or expanding a commercial
develo ment district. In suc case, the affirmative vote of at
least 5) members of the city ouncil shall be required to create
or exp nd any such district.
O In all such cases, the planning commission shall be
consul ed for advice concern'ng the proposals for consistency
with t e city's comprehensive lan and zoning ordinances, and the
�lanni g commission shall rep rt in writing to the city council
its fi dings and recommendatio s.
;�
( ) Upon`receipt of the port of the planning commission,
the e r�e3� �ouncil's commit ee desiqnated to '� hear license
matter shall:s fix a date for public hearing to onsider the
peti i or proposal to create r expand a commercia development
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distr'ct and afford an opport nity to all affected persons to be
heard The �'ty clerk shal cause notice of the hearing to� be
publi hed once i the officia newspaper of the city, and mailed
notic thereof s 11 be giv n by the department of finance and
manag ment services o all o e=s of land within the new or area
of t e expanded dis ict. Published notice and mailed notice
shall be made at le�st wenty (20) days in advanced of the public
heari g.
S ction 9
hat section 410.03 (h) the Saint Paul Legislative Code is
hereb amended to read as fol ws:
h) Public hearing; noti e No new on-sale or off-sale
licen � shall be issued until h council's committee designated
to he license matters shall av first held a public hearing on
the ap lication. The notifica ion ec�uirements applicable to
transf r or change in licensed area in Section 410.07 shall be
applic ble in the issuance of ew li�ense.
Sec ion �.0 ��'�,�.
,,
T at section 410.07 (g) of the Saint` Paul Legislative Code is
hereby amended to read as foll ws:
O The eat�ne�� counci 's committee`; desiqnated to hear
licens matters shall then s hedule a date for public hear n�g
upon ai a�pp�ication for tra sfer or change in licensed area.
At le st forty-five (45) d ys before a public hearing on a
transf r or change in licensed area, the department shalZ notify
by ma 1 all owners and occu ants who own property or reside
within three hundred fifty ( 50) feet of the establishment to
which he license is to be tra sferred or area changed, and all
commun'ty organizations that h e previouslX rec�istered with said
depart ent to be notified of a y such application,'�, of the time,
place d the purpose of such h aring, said three Y�undred fifty
(350) et being calculated and computed as the dist nce measur�d
in a s raight line from the pr perty line of the bui ding where
intoxic ting liquor is sold, consumed or kept for le to the
propert line owned, leased or nder the control of th resident.
Prior o the hearing date, sa d department shall subm't to the
• eet�r�e�� council's committee des nated to hear license tters a
list of e names a�n a�d-resses o each person or organi ation to
whom n tice was sent, and c rtification of such list by the
departm nt shall be conclusi e evidence of such not ce. A
transfe or change in licens d area under this secti n only
becomes effective upon complia ce with this section and eonsent
of the ouncil by resolution. The failure to give maile notice
to owne s or occupants residing within three hundred fifty (350)
feet o to community organiza ions, or defects in the notice,
shall n t invalidate the transf r provided a bona fide attempt to
comply ith this section has be n made. A bona fide attempt is
evidenc d by a notice addresse to "owner" and to "occupant" of
the lis ed address. Only one n ice need be mailed to each house
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--------- ------------�----- ---�---=�--------------------`_—_ __—�
wMiTE — c�rr c�� �
VINK — F�NANCE GITY OF SA.INT PALTL
CANARY -.OEPARTME T � COUfICII �
BI.UE —MAYOR � �
.
File N 0.
Or ZIZGI�IZCPr Ordinance N O.
Presented By
Referred o � - Committee: Date
Out of Co mittee By Date
or ea h rentai unit within a ultipl�e–family dweliing regardless
of the number of occupants.
Sec io 11 .
T is ordinance shall take effec and be in force thirty days
from a d after its passage, ap roval nd publication.
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COUNCILMP:N Requested by Department of:
Yeas N ys
Drew
N��os�a [n Favor
Rettman
Scheibel Against BY
Sonnen
Tedesco '
Wilson
Form Approved y City Attomey
Adopted by Council: Date
Certified Passed by Cou cil Secretary By
By .
Approved by Mayor: D te Approved Mayor for Submission to Council
By By
�),r;.:,,;.i
_ _ _ _
WHITE - CITV CLERK li� ��6� t
PINK � FINANCE COUflClI
CANARV -OEPARTMENT GITY OF AINT PAUL
BLUE � -MAVOR File NO. �� �/�
\
Ordi nce Otdinance N�.
/r ~`'`t
Presented By -
Referred To Committee: Date �
Out of Com ittee By Date
n o �nance amen i�g sec rons . , 10.0 (c) ,310. 11
tb) , 4p9.06(c-1 ) , 4,p9. 11 , 409. 2, �l09. 16, 409.20, 410.03
(h) nd 410.f�7(g) of `�he 5aint P ul Legislative Gade
pert ining to license'�., tiearings and providing that such
hear ngs shall be cont'l�cted b fore a committee of the
Coun il .
",.
The Counc 1 of the City af Saint P�ul oes Ordain: _--
5ect i an `l,
�E.
M1'�.
That section 310.04(d) of the Sai Paul Legislative Code is
hereby am nded to read as follaws: �'�
;
(d) Class III licenses. U�on re ei;�t of a fuliy completed
applicati n and required fees for a Cla s 11��I license, and after
the inves igation required, the +AS�ee� �° i nse Division (hereinafter
"C�ivision' shall notify the council . A pub }�c hearing shall be
held by he eedAe�� council 's commi tee d � i nated to hear
license m ters on the grant, issuance or tran er of all Class
� III licens s. The eeaAefi� council 's co mittee de i natPd to hear
license ma ters may hold a hearing o the rene l of any Class
III licen e. In any case where the D vision or�Fa Department
reportinc� on the application, and th C�tv Attor`�ey's Office
r�commends denial of the grant, issuan e, renewai or=.transfer of
a Class 1 I license, or where the eea efi� council 's� ��ommittee
desiqnated to I-�ear license matters be ieves t.hat evii�ence might
be receiv .ci at the public hearing whic might result ��:n action
advers� t the application, the fiAS� e�er Divis7on or'; eaeAefi}
council 's committee desiqnated to hea license matters� shali
foliow th procedures for notice and earing as set fo�th in
Section 31 .05. Where the application for the grant, is�uance,
renewal or transfer of a Class III lice se meets all the rec�ire-
ments of 1 w, and where there exists n ground for adverse `�action,
the council shail by resoiution direc that the fiASpee�e�° D�vision issue
said licen e i a
COUNCIL MEMBERS
Yeas Na s Requested by Department of..
Dimond
�� In Favor �
coswitz
Rettman �
Scheibel A gai ns t BY
Sonnen '
Witson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Coun il Secretary BY
By �
Approved by Mayor: Dat Approved by Mayox for Submission to Council ,
By sy
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� � Se ion 2 � - . �.
Th t Sectfon 310.05(c) of e Saint Paul Legislative Code is
hereby ded to read as follo ss • �
(c Hearinq. The heari q shall be held by the ee�e#�
council s comm3ttee desi nated to hear license matters, which '
s a for e app ican o �he'�icensee an oppo unity to
. present evidence and argument s well as meet adverse testimony -
or ev d�nce by reasonable ross-examination and rebuttal
evidenc . The ee�net� counc 1's committee desi nated to� hear �
license matters may in its is re ion permit o er �.nteres e
persons �e "op�ort�nity to p esent testimony or evidence o�r �
otherwi, participate"'�a}n such h arinq.
�c�,i . _
. ��, Sec ion 3
Tha section 310.11( of e Saint Paul Legislative Cods is
hereby a ended to read as llo :
(b) Licenses transferab e; conditions. All licenses issued
by the City of Saint Paul sh 11 be transferable unless the
specific chapter of the Saint a l Legislative Code pertaining to
each s�e ific license shall sp , fically prohibit the transfer. of
such lic nse. No transfer of a Class III license issued by the
of the C ty of Saint Paul shall e eff�ctive until the Council of
the Cit of Saint Paul has a�p ved the transfer following a
public earing by the Council s cammittee desi nated to hear
license matters and a reso ut o approving sai transfer s
passed approved and publish d. Both the transferor and
transfer e shall make applicati n f r transfer of a license on
. such fo s as may, be prescr bed by the division, and in
accordan e with Section 310.02
� . Sect on 4 �� -
Tha Secti�on 409.06(c-i) of the St. �au]. Legislative Code fs
hereby a nded to read as follow :
�
. � i
(c-1 Public hearing; notic . No ne license for either on
sale or off sale shall be issu d until e eet�r�e�� council's
committee desi nated to hear li ense matte s shall have first �
�e�`a . ic ea ir ng on�e , pp icat�.on.� The notification
requireme ts ap�licable to li ense trans ers or change in
licensed areas in Section 409. l shall be �pplicable in the
issuance f new licenses. �
Secti 5
That, section 409.11(a) of th Saint Paul Legi lative Code is
hereby am nded to read as follows
(a) o license granted hereu der shall be transferable frani
person t person or fram place o place (including changes i�
licensed areas) without the cons nt of the city council, which
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consen shall � be evidence8 y resolution passed by the city� .
counci . N+q license� qrant for a specified part ot any .
parti ar �i�.en►ises shall pe it sales of such liquor on a part
of su premis not specified in the license; provided, however, -
that e counci may, by reso ution, grant the riqht to use such
other rtions o tha premisas for such sales. �
Th� tr sfer of sto in any c rporate license shall be de�m�d a �
transfe within the aning of this section, and no such trans�sr
of stoc shall be mad without th� consent of the city council. �
It . is hereby made the duty o the officers of an� corporatisut
holdinq a license issu unde the authority of this chapter to
notify. the city council f an proposed sale or transfer of any
stock i such corporation, an no such sale or transfer of stock
shall e effective withou consent of the council given in•
the ma er above set forth. e transfer of any stock. withaut '
the kn wledge and consent e city council shall be deem�d
suffici nt aause for revoca ' n by the council of any license �
granted to such corporation un r the authority of this chapter..
� Such c rporate officers shal �'�also notify the city council
wheneve any change is made '�.n the �officers of any such
corpora ion, and .the failure so notify the council shall
likewis be sufficient cause fo r vocation of� any liquor license
granted to such corporation. �, � '
Notwith tanding the provisions of t�is section, publicly owned �
corpora ion whose stock is tra ed in`�the open market may comply
with .t e zequirements pertain nc�' to tock ownership and stock _
transfe by furriishing the cou cil wit the names and addresses
of all tockholders of record u on each `�i�renewal of the license.
An. app ication for the transfe of such �� license shall be made
by the ransferee upon forms fu ished by he division of license
and pe it administration of. the depa ent of finance and
managem nt services. Prior t the city c uncil's consideration
of said application, the appli atfon shall be read by the city
clerk �: t the next regular me ting of the �ity council.
t°
The ee a3� council's co�ait ee desiqnated to hear license
matters shall then schedule a ate for pub�ic earing upon sa
app ica ion for transfer or c ange in license area. At least
forty-f e (45) days before a ublic hearing o a transfer or
change ' licensed area, the d astment shall no ify.by mail a11 . �
owners nd occupants who own roperty or reside within three
hundred fifty (350) feet of � establishment to which the
license 's to be transferred or rea changed, and 11 community
organiza ion that have previousl rec�istered with s 'd department
to be n tified of any such application, of the tim , place and
the purp se of such hearing, sa'd three hundred fif y f350) feet
beinc� c lculated and computed as the distance measured in a
straight line from the prope y line of the building where
intoxica ing liquor is sold, onsumed or kept for sale to the
property line owned, leased or u der the control of the resident.
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Prfor � ta, t�o h�arinq date, s id department shall submit to �th�
eetusa� � �uncil's con�ittee d si ated to hear license matters a
list o e`�name� an a resse o ea person or organiza on to
whom otiae �' as sent, and c rtification of such list by the
depa ent sh 1 be conclus ve' evidence o� such notice. A
transf r or ge in licen sd area under this section only
. become effectiv upon compli ce with this section and consemt
of the ouncil by solution. The failure to give mailed notica
to o rs or occupa ts residi g within three hur�dred fifty (350)
feet, r to communit organiz tions, or defects in the notics,
shall n t invalidate trans er provided a bona fide attempt to -
comply with this secti has een made. A bona fide attentpt is -
evidenc d by a notice a ess to ��owner" and to "occupant" of
the lis ed address. Onlx e tice need b� mailed to each house
or each rental unit within tiple-family dwelling regardless
of th� umber of occupants. .
The no ification requirement of this section shall nat be
applica le where the license 's to be transferred to . a plac�
located within the downtown bu ess district. For purposes of �
this se tion, downtown busines istrict shall include all that
portion of the City of Saint Pa 1 ing within and bounded by the
followi g streets: Beqinning a th intersection of Shepard Rcad
with C estnut Street, to Ple sant Avenue, Pleasant Avenue to
Kellogg Street, Kellogg Street o S it Avenue, Summit Avenue to
Tenth S reet, Tenth Street to nters ate Freeway 94, Interstate -
Freeway 94 �to Lafayette Bridge Lafa�tte Bridge to where the
bridge rosses over Warner Road Warne �oad to Shepard, Shepard
Road to Chestnut Street. . �
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Sec ion 6 `'
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Th section 409.12 of the Saint Paul Legislative Code is
hereby ended to read as follo s: -
4 Se . 409.12. Revocation of icense. .
;
c� Any license granted hereun r may be revoked for a violation
of any p ovision of this chapte or of the liquor, control act of
the Stat of Minnesota. If the iolator is the holder of an on-
sale lic nse, such license may b revoked by the city council.
If the v'olator is the holder of an off-sale licensi�, such
license ay be revoked by the ci y council or it may`° be revoked
by the 1 quor control commisssio er, but if revoked by the cityr _
council, such revocation shall n t be made until the csity council. �
. nr its committee desicmated to hear license matters 2�as held a
public h aring thereon.
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. Se ior� 7
Th t se ion 409.16 of the Saint Paul Leqislative Code is
hereby end to read as follo s:
Se . 409.16 ssuance �of ne licenses.
(a Applicabi ty. Thi section applies only to the
issuanc of new lice e and t the reissuance of license� under
this c apter wh�ch h e reve ed to the City of Saint Paul for
any rea on� includinq r ocati , 'the deatli of licensee, or �apse -
of th license by fai ure to renew. This section is not
applic le to renewals or , ra fers of licenses.
O Special issuarice ex e Tax - Off-sale: .
�1) The council sh l condition the issuance or re-
issuance �hereafter "issuance�') of a license under
- this section upon p nt of the special issuance tax
in addition to all th requirements of this chapter �
and this section. .
(2.j The s�ecial iss ance x shall be .an amount equal
to the fair market alue o the license as defined in
subparagraph (3) of his sub ivision.
(3) A license is ued unde this chapter and this
section is a pri 'lege acco ed to the licensee to
enc�age in the activ' ies permitt d thereunder, and is
neither property or a propert right. The phrase
"fair market value," therefore, eans for the purpose
of this section, th pecuniary val customarily placed
u�on the consent of a license holde to the transfer of
his license by t e parties to su a transfer as
authorized by thi chapter and Sect on 310.11. The
value of such a co sent necessaril� d es not include
_ real,propety, fixtu es, equipment, inve tory, good will
or any other assets
(4) Such fair marke value, as defined i subparagraph
(3) , � shall be de ermined. by motion agr ed to by a
majority of the embers of the council afte= the
Council's committe desi nated to hear lice se matters -
�e�ri�kes testim ny a a p lic �ring h �ee�`o=e
the rec ie pt of an application. . Such valu may be
established by te timony of the �nspeete� Didision
regarding recent license transfers, and shal be�the
value as reasona ly may be determined on or bout the
time' of issuance f such license under this section.
The ;ea�r�e�� coun il�s commi'ttee desiqnated to hear
license matters ay also ear any other rel�van
evidence.
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{��otice of such pub fc hearfnq shall be publfshed onc�.
in a newspap�r of eneral circulation in the city not
les than ten (10) ay�s prior to such hearing.
(5) is the inte of the council in adoptinq this
section to gain fo the citizens of the City of Saint
Paul s value hich is customarily placed on
transfers �etween rivate parties, rather than to �
confer it u on one 1 censee as a windfall benefit.
( ) Specia�l issuan tax On-sale. --
(1) Notwithsta ing any other �rovision of law ar
ordina ce, the council sha c ndition the issuance or �eissuance
� (herea ter, "issuance") of n on-sa�e license under this section
u�on a�rment of a special i ance.tax determined in accordance
with is subdivision, in a itian to all other requirements of
this c apter and this section. The proceeds of such tax shall be � -
used � or the redemption of li ses under Section 409.19. The �
terms. "issuance or reissuance,� s used in this suvdivision, do
not i lude the issuance of n " n-sale license as an absoluts
first riority under paragrap (e of this section, and no such .
tax wil be imposed thereon.
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(2) The special is uance� tax shall be an amount
determi ed by the following sch dule: �
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a. From August 1, 1984 thi�ugh January 31, �
1986 u40,000. 0. °�
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b. From February 1, 1986 th�ough January 31, 1987
tt36,000.00.
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� c. From February 1, 1987 throu�h January 31,
1988 �t32,000. 0. �,
d. From February 1, 1988 through�ry'`i'Tanuary 31,
{
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1989 �t28,000. 0. '°ss�
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e. From February , 1989 through Dec+e�mber 31,
1989 b24,000. . �
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(3) ,�An on�sale licens, is a privilege accoz�''�led to the �
licensee to engage in the activ ties permitted thereby�� and is
neither property nor a property ric�ht. Such privilege is not
impliedl altered by the cit�' discretionary option td, pay � a
redempti n value for outstandin licenses or by the payme'�n t of a
special ssuance tax. Such pro isions have been adopted=by the
city co ncil in order to take i to account the private pecuniary
��zlue c stomarily placed on the consent of a license holder to
the tra sfer , of a license b the private parties to that
transact on, said transfer now b ing prohibited by law.
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( 1 ) The counc'f.l shall , a ter determining the amount of
the s eciai issuance � x, by mq ion instruct the #RSpee�er
Oivisi _n to receive app'��ycations for tne re-issuance of such
licens , specifying beginnirt� and en ing dates of a period not to
exceed thirty (30) rJays duri� whic such applications will be
receive .
�.
(2) All appiications �k a 1 be made on such forms and
contain such information as the i�s ector may require ancJ shall
be �c ompanied by an applica�' on fee of one hundred
aollars $IOQ.UO} . Such application ;�fee is in addition ta the
proport on of the special issuan e� excise tax required by
subpara raph (4} of this subdivisi n,'' and in addition to the
annual icense fee required by 5ecti n 4 9.05. This application
fee sn 11 be retained by the ci y t defray its expenses
hereund r whether or not the applica t rec ives a license.
(3) Each application must meet ai , the requirments of
law and this section, including insp tion o�� the premises sought
to be licensecl by appropriate of icials ofi'� the division of
housing and buiiding code enforcemen , the di�iision of public
health, and the department of fire and safet�" services. The
+ASC�ee�e Oivision shall refer each applicatior�to each of the
above a encies and to the depart ent of pol�ice for their
inspecti n ancl recommenaation, and shall condu�,t such other
investig tion oF eacn appiicant as ma be .appropria�e. When all
inspecti ns t�ave been made and reco mendations rec��ived by the
tRSpee�e Oivision, it shall notify t e council .
(4) Each application sha 1 be accompanietl by the
deposit ot a sum or" money equal t ten ( 10) percent'. of the
specia) issuance excise tax in the f rm of a cashier's check or
certifie check payable to the "City f Saint Paul ." �
(5) In tne event eitner the -i�RS�ee�a� Division on
one ot� t e ac�encies reporting on the pplications. and the �Y�City
Attorne 's Office makes a recommen tion that no license�:, be
issued one or more applicants, th +RS�ee�a�° Division sh�ell
inrorm s ch applicants of that fact and the grounds for ��ie
recommend tion and proviae them with n opportunity to be hear�t
betore t e E}�y EaeAe+� council 's co ittee desic�nated to hea�
iicense tters before any other ac ion is taken on such re-
issuance. 7ne council shall , after su h hearing, determine whose
applicati ns may further be consid red despite the adverse
recommend tion made. If the council etermines that one or more
recommend tions for denial are well- ounded, the applications
involved nall not be inciuded for ran om selec*ion.
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(e) s l�ction-Off-sala.
(1)`F�, Upon receivin the report from the #r��peeter
Divis n that�all the eliqib s Spplications have been received,
nspe ed and ' vestiqated, and after havinq considered and .
dete ned whose pplication may further be considered despite
� any ad erse recomm� dation ma e, the eee�se�� council's committee
desi ted to hea license tters shall by mo ion set a c�e
for a . public he ra�irl at whi an applicant is to be chosen by�
random selection. Al appli nts are to be notified in writing _
of su date. �-
(2) At the pubi he rinq, the secretary of the ee�et� � �
counci •s committee desi at d to hear license matters shall�
p ace e names o al e i e applic'�arits on separ-�a e; equal-
sized pieces of paper, un the supervision of the ee�e��
counci 's committee desi a d to �hear license matters. Such
pieces of paper shall be p ace in an opaque containT er�rom which
one n me shall be drawn at dom by a member of the ee�tr�e��
counci '�s committee desi at d to hear license matters as
desic�n ted by, the presiding of cer of the eo�ne�� council's
commit tes desicmated to hear ice se matters. The app ican , so
select d shall be announced, a d sh 11 be awarded the license, by
� resolu ion, u�on payment withi fort -eight (48)� hours thereafter �
of th remaining ninety (90) ercen of the special issuance
excise ax.
(3) In the event th applica so chosen fails to pay
the re ainder of the special ssuance cise tax within forty-
eight � 8) hours, the ea�tne�� ouncil's ommittee desi nated to
hear li ense matters shall sele t another pp icant in accor arice
wit�i th procedures in this sec ion. � -
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� (4j The deposit of ten (10) per nt of the special
issuanc excise tax shall be retained by ' e city. until the
license is awarded, after w ich tims the� deposits of the
unsucce sful applicants shall be refunded. '°�n the event any
applica t demands and receive back his deposit prior to the
award i the license, the ap lication shall b�deemed to IZave
been wi drawn. .
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(f) Sel ction-On-sale. ``�
(1) ! Upon receiving th� report from the �a�peete�
Divisio that all the eligible applications have been received,
inspect and investigated, a after hearing having considered
and det rmined whose applica ion may further be considered
despite any adverse �ecommendat'on made, the eot�ae�� cauncil�s .
committe desiqnated to hear lic nse matters shall by mot�n'e�
a'� date for a public hea ir ng at which one or more applicants, �
dependin on ' the number of li enses to be issued, are to be
chosen a cording to the prioriti s set forth in this subdivision.
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(2)�.If there are mo e qualffied applicants than on-sale
licen s to be:�issued, appl cants shall be entitled to receive
such 1'censes ac�ordinq to th following order of priority:
a. As a� absolute first priority, �an applicant who
purchases an exi ing business having an on-sale
license wi the i ent of operating said busine�s at
th� same loca 'on f at least one year thereafter; -
b. Applicants � r e operation of restaurants capable _
of seating and e ing meals to not less that one
hundred (100) gues at one time, .ranked in the order
of such seating an serving capac�ty from the greatest
number down to one h dred (100) ; �
c. Applicants for th eration of hotels havinq dining
rooms capable of sea in . and servinq meals to not less
than fifty (50) gues s a one time, ranked in the order
— of such seating and serv ng capacity from the greatest �
number down to fifty (50j ; °t
d. Applicants for the ope atien of restaurants or
hotels not covered above, ranked in the order of
capacity for seatin and se ng meals to guests from
the greatest to e lowes � seating and serving
capacity; and �� .
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e. Al1 other applic ts, in the brder by date and time
, on which their compl ted applicat�.ons were recieved by
the license inspector �, -
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No . person whose license w s redeemed by '�he city may apply
for the issuance of a new on-sa e license withi� one year of such
redempt on. _'�
(g) Nonissuance. N thing contained i�� this section
shall o ligate the City of Sain Paul, nor imply �ny obligation,.
to rei sue any licenses which have reverted to the city. The
City Co ncil may, by resolution declare that such licenses shall
not be eissued, specifying an length of time deemed advisable
during hich no such licenses s all be re-issued. `°��
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. (h) �� Council contac prohibited. No person may
communi te with any member o the city council regardinc� any
ap�lica 'on or applicant for is ance or re-issuance of a license
pursuant to this section unless uch communication is made during
the cou se of a public heari before the ea�ne�� �ouncil's
�ommitte desiqnated to hear l cense matters held pursuant o
a.s sec ion. ^
(i) � Neighborhood Bet erment Fund. A Neighborhood
Betterme t Fund is hereby establ'shed, to which ten (10) percent
of the proceeds of the spe ial issuance tax is hereby �
appropri ted� Such fund shall b used to assist the housing and
redevelo ment authority of the C ty of Saint Paul, Minnesota, in
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. the . cquistion, clearance �or redevelopment of blighted or
deter ated areas and st ctures in neighborhoods having
� conce iona of busines es licensed for the sale and
cons pti of intoxicatinq liquor on the premises, which
acqui tion, clearance or red velopment are hereby determ3ated to
be fo a pub c purpose. Su h purposes and uses of the fund may _
inclu e the cquistion of the real or �ersonal property ot �
exist q on-sal liquor bu�in sses, and affirmative assistance og
finan inq of min ity-owned b sinesses seekinq or needing on--sale
intoxi atinq liqu licenses. �
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� s ion 8 .
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T at section 409. 0 of th 3aint Paul Legislative Code is
hereby amended to read s foll ws:
S c. 409.20 Commerci 1 de elopment districts.
� — O Commercial develop en districts, as defined in Section -
17.07. of the City Charter may be created or e�anded by the,
filing in the office of the ity clerk of a written �etition
theref re setting forth the b undaries of the expanded district, -
and co taininq the written con t of the owners of two-thirds of
the se eral descriptions of re l estate situate within the new or
area o the expanded district, t ether with the written consent
of th owners of two-thirds o th several descriptions of real
estate situated within one dr d (100) feet of the new or -
expande district, and afte the ,affirmative vote in favor
thereof by at least five (5) m ers f the city council.
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�` (b The city council max aive th requirements for consent
sic�natu es if the city council shall de ermine that a hardship
exists erefore, and in such ase the c unci,l may, on its own,
initate the �rocess of crea ing or e�panding a commercial
develop ent district. Inysuch case, the �ffirmative vote of at �
least ( ) members o� the c�ty c uncil shall b,e required to create
or expa d any such district. �.
,;
(c) In all such cases, he planning co4m�ission shall be
consult d � for advice concerni q the proposals �:zfor consistency
with th city�s comprehensive p an and zoning orc�'�.nances, and the �
�lannin commission shall repo in writing to tYl� city council
a.ts fin ings and recommendation . �
(d) Upon�receipt of the.r ort of the planninq�a commission,
the eet� e�e� council's commzt e desi nated to h� r license
matters shall;t fix a date for ublic earing to co ider e
pet�.'�'ion or proposal to create o expand a commercial ddvelopment
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distr t ari�., a�ford an opgort ity to all affected persons •to b�
heard. The"�,,city clerk shal cause notice of .the hearinq to be
publi ed once n the officia newspaper of the city, and mailed
notice thereof shall be qiv n by the department of finance and
manage ent servi s to all o er� of land within the new or area
of th expanded �,tst=ict. lished notice and mailed notice
shall e made at le'��t twenty (20) days in advanced of tha public
hearin . �
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�'�,� Se tion 9 .
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T at section 410.03t'3�) of the Saint Paul Legislative Code is •
hereby amended to read as 'foll wg:
� .
O Public hearinqr no � c s. No new on-sale or off-sale
licens shall be issued unti� he council's committee designated
to hea license matters shall ave first held a public hearing on
the ap lication. The notifica 'on rec�uirements applicable to
transf r or .change in licensed eas zn Section 410.07 shall be
applic ble in the issuance of e license.
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Sec ion�10
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T t section 410.07(g) of the 3�int Paul Legislative Code is
hereby mended to read as foll ws: '
(g The eot�ne3� counci 's comni�.ttee desictnated to hear
license ma�ters shall then s edule a date for public hear ni g
upon s i a��ication for tran fer or �hange in licensed area.
At lea t forty-five (45) da s before�;,,a public hearing on a
transfe or change in licensed rea, the?�department shall notify
by mai all owners and occup nts who o� property or reside
� within three hundred fifty (3 Oj feet of�:the establishment to
which t e license �is to be tran ferred or a,ea changed, and all
communi y organizations that ha e previousl rec�istered with said
departm nt to be notified of a y such appli' tion, of the time, _
place a d the purpose of such h aring, said hree hundred fifty
(350) f et being.calculated and cosnputed as th distance measured
in a s raight line from the pr perty line of t�ie building where
intoxic ting liquor 3s sold, consumed or kept� for sale to the
propert line owned, leased or der the control.. of the resident.
Prior o the hearing date, sa d department shall submit to the
• eat�ree�� council's committee de$ nated to hear li' ense matters a
list of t e names and a�c�resses of each�erson or prganiza' tion to
whom n tice was sent, and c rtification of such list by the
departm nt shall be conclusi e evidence of such notice. A
transfe or change in licens d area under this sectian only
becomes effective upon complia ce with this section'.and consent
of the c uncil by resolution. he failure to give mailed notice
to owne or occupants residing .ithin three hundred ifty (350)
feet or to community organiza ons, or defects in �he notice,
shall no invalidate the transfe provided a bona fide attempt to
camply w'th this section has bee made. A bona fide attempt is
evidence by a notice addressed to ��owner" and to "occupantn of
th� list d address. Only one no ice need be mailed to each house
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�NNITE - CITV CLERK 3-3/-g'8"
PINK � FINANCE GITY OF AINT PAUL Council �� �,`�,
CANARV - DEPARTMEN I Fll@ NO. ' T
BLUE - MAVOR
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Or n nce Ordinance N 0.
Presented By
Referred Committee: Date
Out of Co mitt By Date
A ordi nce amending sec ions 310.0�(d) , 3rQ.05 (c) ,310. 11
O , 4p. 06(c-1 ) , 409. 1 , 409. 12, 4q9. 16, 409. 20, 410. 03
O and 41 . 07 (g) af the 5aint Paul Legislative Code
p rtaining o license earings and providing that such
h arings sha 1 b� cond cted before a committee of the
uncil .
l"he C uncil af the Ci of 5ai t Paul Does Ordain:
5e tion 1
hat section 310 . 04(d) of the Saint Paui Legisiative Code is
hereb amended to read as fo 1 ws:
r�) Class III licenses. Upon receipt of a fully completed
appli atian and required f'ees f r a Class lII license, and after
the nvestigation required, e -i-�s�ee�e�° License Division
here"nafter "Divisinr�") sh 11 tify t:he cauncil . A public
heari g shall be held by the @tiRt'fi+ council ' s committee
desi ated to hear license � tters on the grant, issuance or
tr-ans er af a 1 1 C i ass I I I 1 i cense . The eatir�e+� counc i 'I 's
commi tee desianated to hear icense m tters rnay hold a hearing
ori the renewal of any C7ass II licens . In any case where the
-'rr�sp e�ew CitY Attorney recom ends denia of the grant, issuance,
rene al or transfer of a Clas III 1icens , or where the ��trAefi}
coun il 's committee desi nate to hear lic nse rnatters believes
that evidence might be receiv d dt the pubi c hearing which might
resu t in dction adverse t the applica ion, the �-R�pee�e�
Divi idn ar eat+�e�-� council ' s committee esi nated to hear
iice se matters shall fallow the �rocedure for notice ar►d
hear ng as set forth in Sec ion 310.05. Wher the application
�or the grant, issuance, renewal or transfe of a Class I1I
lice se meets ali the requir ments of l�w, and w ere there exists
no round for adverse acti n, the council shal by resolution
dire t that the fi�sryee�e�° Division issue sai license in
COUNC[L EN Requested by Department o
Yeas Nays
Drew
Nicosia [n Favor —
Rettman
s�ne�bei Against BY
Sonnen
Tedesco
Wilson
Form Approved City Attorn
Adopted by Counc'1: Date
Certified Passed y Council Secretary BY
By
Approved by Mayo : Date Approve y Mayor for Submission to Council
BY BY
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(d) Ap lications:
(1) T�e council shall, after determining the amount of
the s ecial is ance tax, motion instruct the tn�pee�e�
Divisi n to rece e applica ions for the re-issuance of such
licens , s�ecifying eginnin� nd ending dates of a period not to
exceed thirty (30) d s durin which such applications will be
receiv d.
(2) All appli atio s shall be made on such forms and
contai such information s t e ins�ector may require and shall
be a companied by an a� lication fee of one hundred
dollar (tt100.00) . Such app i ation fee is in addition to the
propo ion of the special ssuance excise tax required by
subpa agraph (4) of this s ivision, and in addition to the
annua license fee required by ection 409.05. This application
fee hall be retained by t city to defray its expenses
hereu der whether or not the a p 'cant receives a license.
(3) Each ap�licati mu t meet all the requirments of
law a d this section, includi ins ection of the premises sought
to b licensed by appropr'ate of icials of the division of
housi g and building code en orcemen , the division of public
healt , and the department of fire nd safety services. The
�n'pe te� Division shall re er each plication to each of the
above agencie� s and to the departme t of police for their
inspe tion and recommendati n, and sh 11 conduct such other
inves i�ation of each applica t as may be ap�ropriate. When all
inspe tions have been made nd recommen tions received by the
�n�pe ter Division, it shall otify the co cil.
(4) Each applicat on shall be accompanied by the
depo it of a sum of money equal to ten ( ) percent of the
spec'al issuance excise tax 'n the form of a cashier's check or
cert' fied check payable to th "City of Saint aul. "
(5) In the event e' her the �n�pee�er Cit Attorney or
one of the agencies repo ing on the appli ations makes a
reco endation that no 1 'cense be issued one or more
appl cants, the �n�peeter D'vision shall infona uch applicants
of hat fact and the groun or the recommendati n and provide
them with an opportunity o be heard before the 2��y 2e�ne��
coun il's committee desi na ed to hear license ma ters before
any ot er action is a en on suc�re-issuance. T e council
shal ; after such hearing, deternaine whose appli ations may
fur er be considered desp te the adverse recomme d tion made.
If he council determines t at one or more recomm� tions for
den'al are well-founded, t e applications involved s all not be
inc uded for random selectio .
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