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88-547 WHITE �- CITV CLERK t PINK - FINANCE COl1I1C11 [�� /`//� 6ANARY -DEPARTMENT GITY OF AINT PALTL T / BI.UE - MAVOR File NO. ��� City Attny/PBB Ordi dnce Ordinance 1�0. 3 Presented By • UC� � Referred To Committee: Date Out of Committee By Date An ordinance a ending sections 409 . 06(1) and 410 . 03(g) of the Saint paul Legislative Code concerning istance from churches and schools . THE COUNCIL OF THE CITY OF SAI PAUL DOES ORDAIN: . Section 1 Section 409. �6 (1) of the Saint Paul Le�islative Code is hereby amended to read as follo s : " (1) License near ch ct�a or school . No license, or� exce t an on-sale wi e icense issue to a �nrr�vx�c��r►Nt,.. restaurant as e ine in section . , shall ��,li- �,��or be issued or any pre ises located within three hundred (300) feet f m any public or parochial school , church or sy agogue , said three hundred (300) feet being calc lated and computed as the distance measured fro the property line of the premises or building roposed as the location for the liquor licens to the property line of any school , church or synagogue in the area for which the license is sought . Any licenses in force and effect on November 10 , 1962 , the location of which license is in con- flict with the provis 'ons hereof, may be renew�d transferred or, othe ise dealt with in accor� dance with law, it be'ng the intent of this paragraph that it be pplied prospectively for COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� [n Favor co�cZ Rettman s�be;be� Against BY Sonnen Wilson Form Ap roved by City Attorney Adopted by Council: Date ' - Certified Passed by Council Secretary By �I' � By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � . ���-��� /7..5'G 3 -2- proposed locations of licenses , and further it being the intent of this pa agraph that the linmitations set forth in this paragra h shall in no manner be applic- able to any hotel or otel . Upon written petition signed on behalf of t e school , church or synagogue located within three undred (300) feet of the proposed location of the licen e, the council may by a five- sevenths vote disrega d the provisions of this para- graph insofar as loca ion adjacent to a church, school or synagogue of a pro osed license is concerned. " S ction 2 Section. 410. 03(g) of the S int Paul Legislative Code is hereby amended to read as follows : " (g) License near sch ol or church. No license for on-sale non-intoxicat'ng malt liquors shall be issued for any premis s , exce t for a restaurant as defined in section 4 . aviri an on-sa e °~, wine icense, located within three hundred 0 '�'�°�`'`"'t;`"t eet eing calculated and computed as the distance ''"°`�fi �'y`'°�" measured from the pro erty line of the premises or building proposed as he location for the non- intoxicating malt liq or license to the property line of any school , c urch or synagague in the area for which the li ense is sought . All licenses in force and effect on November 10, 1962 , the location of hich license is in conflict with the provisions h reof may be renewed, trans- ferred or otherwise d a1t with in accordance with law, it being the inte t of tnis paragraph to be applied prospectively for proposed locations of licenses , and further it being the intent of this paragraph that the li itations set forth in this paragraph shall in no anner be applicable to any hotel or motel . Upon written petition igned on behalf of the school , church or syna ogue location within three hundred (300) feet of he proposed location of the license, the council m y by a five-sevenths vote � �f���� WHITE •- CI TV GLERK PINK - FINANCE COUACll (�G r .CANARY -OEPARTMENT GITY O� AINT PAUL �{�( '7 BLUE -MAYOR File NO. "(,/ v � Ordi fZ/`CG Ordinance N�. ��5�� Presented By Referred To Committee: Date Out of Committee By Date -3- disregard the provisi ns of this paragraph insofar as location adjacent o a school , church or synagogue of a propos d license is concerned. " S ction 3 This ordinance shall take ffect and be in force 30 days after its passage, approval and publi ation. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� [n Favor Goswitz Rettman s�ne�be� Against BY Sonne� �' Adopted by Council: Date MAY 1 71��8 Form Approved by Cit A orney B �_ �-��-� Certified Pas e ou cil Secre ry Y B �~� Y A „ Approv y Mayor: Date �~� �� Approved by Mayor for Submission to Council g By ���Ep M AY w � 1998 • ; : \ . _ . . , _ _ .. . : � . . . , _ , . > _, , : . �..; �.�\,. - - _ nt ��, , - . : =�� `� _. .- _ i _...�.:W..e�.. �.��._. _w:�_...��::�.�.. _,_ . } _. { .. ,s�w �-w»...e... .:....:....y,�c_v:.A�a.s. � � Jri � . � , � . ;t �.` , � '�___- _.._. , _._..�.,...�.�::_:�,,.` ;�a�; . . � � �` �st �-1 g—��'' ., , _ � nd � � � ��. �B'^�", , 3rd ,�`..�—�� dopted Jr`l0 —�O � Yeas Nays DIMON ��d '� 7"�. i7'S'!v� GOSWIT ,- _ _ __ LONG RETT \ _ " . 50NN � :�: ` . � � � 4VILS0 MLt. PRESIDENT� SCH�.IBEG ____-- : ��.. -� � �� �L: ti�;�� F : � � �, � � �.. ;����r� � � �;� :°: ,!,_'r ,r:,»-i;��-,� . . � �.. �� - .. .. - . . ' .... -. : ... . .. � - j . - . . � . � � ,. _ . . .. ° .� 'ouncil Res�earch Center � � �� - : 1 � y � '� ` APR 11 � - . .. . , ��$8 .N° 013 Counci 1 Research ��p��� . "j��j �h Hannasch CONTACT NAME � 298-4163 P�ONE � 4-�;j-88 DATE . ASSIGN NOMBER FOR BOUTING ORDER: (See reve se sid$.) _ Department Director 2 Mayor (or Assistant) � Finance and ?�anagement Services Directo t � City Clerk _ Budget Director Carchedj _ _ City Attomey _ TOTAL NUI�BER OF SIGNATURE PAGES: (Cli all locations for signature.) W AK N 0 C 4 (Purpose/Rationale) This Ord�ndnce amendS sectio s 409.Ob(l�', and 410.03(g) of the S�i'nt Paul. Legtsiative Cade, as st�otrm on pages 2177 and 2193 of tfie code 600k , per aining to i�ntoxacating and non-intoxicating liqwor licenses, by ad ing the wor!ds "except an an-sale ►�ine"��cense issued to a restaurant s defined �tn section 409. 15." Esse�tially, the change libe lizes restrictions on license distances from churches and schools . CS UG P SO None. N C S C UDG A TIV GED TED: (Ziayor's signature not required if under $10, 00.) Total Amount of Trans�ction: Plone known. Act!ivity Number,: � Funding Source: ATTACHMENTS: (List and number all attachment .) ' Ordinance, signed by Councilman Scheibel, i thr ee pages length. ADMINISTRATIVE PROCEDURES ' _Yes _No Rules, Regulations, Procedu s, or Budget Amendment required? _Yes _No If yes, are they or timetabl attached7' �DEPARTMENT REVIEW CITY ATTORNEY REVIEW _Yes _No Council resolution required� Resolutiot► �`equired? _,Yes ,_No _Yes _No Insurance required? In�urance sufficient? _Yes _No _Yss _No Insurance attached? <��V � ` � CITY OF SAINT PAUL <,.. �.:,. ' � .. :�.• .�: , , . . � � - `• � :' OFFICE OF THE CITY ATTORNEY '= ���►�;;� :' . `� 1'1 = . EDWARD P. STARR. C(TY ATTORNEY '�-�r���'' � 647 Ci�y Hall, Sain� Paul.Minneso�a 55102 GEORGE LATI!.1ER /}_����612-298-5121 MA1'OR �� �7s�3 May 5 , 1988 To : Jim Scheibel Mae Sylvester From: Phi 1 Byrne . � � I understand that Cossetta' s may intend to apply for the strong beer license recently authorized for restaurants having wine licenses . The ordinances I draf ed for you dealing with an exemption from the locational re uirements for restaurants near churches will need to be amended to anticipate this request. The amendments are simple , and i you can tell me when the � ordinances are going to be consi ered in comrnittee , I can be p�esent to explain-•them. Basically all you have to do is dd the words "or intoxicating r�alt liquor" following the words "on-sale wine" in the three places where those latter words re underlined in the proposed two ordinances . � . Let me know if you have any ques ions . ,