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84-1189 WHITE� - CITV CLERK 1 PINK - F�NANCE COLLIICII Xn CANAR?� - DEPARTMENT GITY OF SAINT PAZTL V � /l�9 • BLUE - MAVOR Fll@ NO. � �� - Ordin�nce Ordinance N0. f�i73 � � Presented By Referred To ° Committee: Date ��. � — Out of Committee By Date An Ordinance Amending Chapter 409 of the Saint Paul Legislative Code pertaining to Intoxicating Liquor. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That section 409.06, subdivision 5, clause 2 of the Legislative Code be amended to read as follows: (2) No outside service area shall be permitted unless the licensee presents with his application for each outside service area a statement in writing by 90 percent of the owners and tenants of all private residences, dwellings and apartment houses located within 200 feet of the proposed outside service area that they have no objection to such service area. Measurements shall be determined from the proper� line o the licensed premises to the property �ine o t e residentia uses . Section 2. That section 409.06, subdivision 12 of the Legislative Code be amended so as to read as follows: Subd. 12 . License near church or school. No license shall be issued for any premises located within 300 feet from any public or parochial school, church, or synagogue, said 300 feet being calculated and computed as the distance measured �n-a-s��a�gl�t-��e-��e�t-tl�e �ta}�-gt��}e-e��ar�ee from the property line of the premises or building propose as t e ocation for the COUNCILMEN Yeas Nays Requested by Department of: Fletcher p�e11,, In Favor Masanz Nicosia Against BY Scheibel Tedesco Wilson Adopted by Council: Date Form Appro d y City Attorn Certified Passed by Council Secretary BY 13y Approved by Mayor: Date Appro d Mayor for Submission to Council By BY � '. � �'� �y— I I�� . . � 7/73 - . liquor license to the property line of any school, church, or synagogue in the area or which the Iicense is sought. Any licenses in force and effect' npe��tl�e-e€feet��re 8a�e-e�-tl��s-stsbe��r�s�eri on November 10, 1962 , the location of which license is in conflict wit the provisions hereof, may be renewed, transferred, or otherwise dealt with in accordance with law, it being the intent of this subdivision that it be applied prospectively for proposed locations of licenses, and further it being the intent of this subdivision that the limitations set forth in this subdivision shall in no manner be applicable to` any hotel or motel. Upon wr.itten petition signed on be- half of the school, church or synagogue located within 300 feet of the proposed location of the license, the council may by a five-sevenths vote disregard the � provisions of this subdivision insofar as location adjacent to a church, school or synagogue of a proposed license is concerned. Section 3. That section 409. 08 of the Legislative Code be amended so as to add the following new clauses thereto: (9) There shall be provided in all zoning districts, other than B-4 or B-5 districts, off-street parking spaces for all on=sale premises as provided herein: i) Transfer or new issuance to a structure newly construct- ed for that purpose, off-street parking .at the rate of one space for each 45 square feet of gatron area. ii) Transfer or new issuance to an existing structure not previously licensed for on-sale purposes, off-street parking at the rate of one space for each 45 square feet of patron � area minus the number of off-street parking spaces which would be required for the predious use under the existing , zoning code. Existing parking spaces which served the previous use shall not be counted to meet the requirement, and in no event shall parking be required in excess of what would have been required if the structure were newly con- structed. Provided, however, that no additional off-street parking shall be required if the computed difference between the old and new uses is less than 30$, or if the number of additional spaces required is five or fewer spaces. iii� Expansion of licensed area, off-.street parking .at the rate of one space for each 45 square feet of expanded " . -2- (9-25-84) � 11� 1 a��- a� •. . � � v��- ��l- ii�'� ' . . . � 7�7� � patron area, and in addition, 25$ of any parking shortfall for the existing building. "Parking shortfall" shall mean the difference between the number of parking spaces which would have been re- quired if the building housing the licensed establish- ment had been newly constructed and the number of parking spaces actually provided on the date of completion of the expansion of the licensed area. iv) "Patron area" shall mean to include all areas used by the public, and excludes all areas used exclusively by employees for work, storage or office space. (10) When an existing building is converted to on-sale . intoxicating liquor purposes, . existing off-street parking facilities which serves the building shall be provided with a visual screen where the parking --� , --2a- (9-25-84) � t; I s'1 . J . �� C,� � �- �,�� y { � _ ✓�i 7.� facility adjoins or abuts across an alley any residential use or residential zoning district. The screen shall be between 4-1/2 and 6-1/2 feet in height and of sufficient density to visually separate the parking facility from the adjacent residential use district. The screen may consist of various fence materials, earth berms, plant materials or a combination thereof. Access by patrons to the parking facility from an adjacent alley should generally be prohibitecl. Section 4 . That section 409.11 of the Legislative Code be amended so as to change the first paragraph thereof to read as follows: 409.11. Transfer of license; change in service area. No license granted hereunder shall be transferable from person to person or from place to place (in- cluding changes in licensed areas) without the consent of the city counci , which consent shall be evidenced by resolution passed by the city council. No license granted for a specified part of any particular premises shall permit sales of such liquor on a part of such premises not specified in the license; provided, how- ever, that the council may, by resolution, grant the right to use such other portions of the premises for such sales. Section 5. That section 409.11 of the Legislative Code be amended so as to change the seventh paragraph thereof to read as follows: The council shall then schedule a date for public hearing upon said applicatiori for 'transfer or change in licensed 'area. At least 38 45 days before a public hearing on a transfer 'or changein licensed area f�e� g�aee-te-p�aee, the said department shall notify by mail all owners and occupants who own property or -3- WHITE - C1TV CLERK PINK - FINANCE CANA�V -DEPARTMENT GITY OF SAINT PAUL COIlI1C11 /� '� BLUE - MAVOR File NO. " �° //� � r . - � � Ordindnce Ordinance N0. /7i7-� Presented By Referred To Committee: Date Out of Committee By Date reside within 389 350 feet o€ the establishment to which the license is to be transferred or area changed, and all community organizations that have previous y regis- tered with said department to be notified of any such application, of the time, place, and the purpose of such hearing, said 388 350 feet being calculated and computed as the distance measured in a straight line from the property line �ea�est-ge��t of the building where in- toxicating iquor is sold, consumed or kept for sale to the �ea�es�-ge��-e�-�ke property line owned, leased, or under the control of the resident. Prior to the hearing date, said department shall submit to the council a list of the names and addresses of each person or organization to whom notice was sent, and certification of such list by the department shall be conclusive evidence of such notice. A transfer or change in licensed area under this section only becomes e ective upon comp iance with this section and consent of the council by resolution. The failure to give mailed notice to owners or occupants re- siding within 3A8 350 feet, or to community organizations, or defects in the notice, sha not inva idate the trans- fer provided a bona fide attempt to comply with this section has been made. A bona fide attempt is evidenced by a notice addressed to "owner" and to "occupant" of the listed address. OnTy one notice need be mailed to each house or each rental unit within a multiple family dwell- ing regardless of the number of occupants. Section 6. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. -4- COUNCILMEN Yeas Nays Requested by Department of: Fletcher Drew In Favor Masanz Nicosia �' Against BY SCheibel Tedesco Wilson �e'f � � �� Adopted by Council: Date Form Approv d by City Attorney Certified Pa y uncil Se tar BY By Ap o y Mayor: Date �r+l �_ Approv y Mayor for S b ission to Council By BY PUBLISHED OCT 2 7 1984 � � , : . � � � � � � ��-,i�9 '`�'� '"� /7/ 73 �. ;, �� - .:..�'�: CI�Y' UF �AINZ` P.F.�I7L :��,�- ;. . ;;:� i �: . . � �� O�`FICE OF THT. CITY COIINCIL ..,: :� � G: :;..�:.. � ,�,.....>,..- �'_ ,.'.'-'t�.' ,r. D d t e • �y� �=- �� . • F��ember 18, 1984 �, .�-- `°� � s P� '8�1 _..1________ �� C 0 Nl [1�1 tT�i" � E R E �C�R� � - _�} �:: C1TY CL�RK•S OFFICE ��`';�S{�ti`��'.`-* S; �,�'JL. M!H�i. ; J ;i! '�1�''�=<<�;`:: � .; �.xf�. r. { �f;et��;��}.. ' , 17� i � J''�-�' t . TO • Sa�n� P�u ! Ci�y Council , ��"^�: :�-i � ��-��.�� ,.. ��t�: .,:�y:;,,� F� O t� = Co�nmi��ee . ( • , a.4�-. . .�.� Oh Legislation i ' �t�.��{��`�' i� :� � _ __. ._ ��s_:�y.__� _ C E-�a i R John Drew - -- _ _. . .__ _ .__. � � � �IDA l . Withdraw the consideration o� an ordinance amending Cha��ter 409 of the Saint Paul Legislat.ive Code pertainin� to intoxicating tiquor (s�ction � �:09.08)_. - WITHDRAWN 8'�- i2�D 2. 4�'i thdra;� the cons i derat i on of an ord i n�jnce amencl i ng Ct�ar�i:er 41 U of -the Sa i n-t Pau 1 Leg i s 1 at i ve Code pPrta i n i nc� to non-i n to>;i ca'c i ng r��a 1 t 1 i quor (ser�ion �10.0�) . _ WITHDRAWN g�f-f�2 ( - . . 3. Cons i derat i on of �n ard i nance amenci i ng Chapter �t09 of �tl�e S�3 i n� Pau 1 CE�g i s 1 a�t i ve Code pert,a i n i ng to i ntox i ca-t i nc� l i quor (�ect i or�s �U9.06 subd. 5 c 1 ause 2, �►09.06 subd. ] `l_, 409. 1 1 ) . - ADOPTED AS AMENDED ��- I I ��j o� � 4. Consideration of an ordinance amending Chapter 4I0 of the Saint Paul . Legislative Code per�taining to non-in�tor,icatinc malt liquor (s�ctions 410.04, 410.07) . - ADOPTED AS AMENDED t� �-- /I � � -� �±i� ,� 3 5. �J i thdraw the F i rs�t RPad.i n� - 8�-637 - /1n ordi n�r�ce re�u 1 at i ng �the issuan�e of new on-sale intoxic�tinc� liquor licenses by providing Fo� the r i gh�t of .f i rst trans�Fer by exi st i ng 1 i cense�s. - WITHDRAGlN - 6. f�i rst Read i ng - 8�1-G38 - An ac.im i n i s�trat i ve ord i nance dec 1 ar i n� a rr.orator i um on the rnovemen t of on-sa 1 e i ntox i cat i nc� I i quor 1 i censes i n to the area �no:,rn as thF• 1 iq�or p��tr-ol 1 irnits. - ADOPTED AS Ai�1ENDcD 7. F i rs t Re�,d i nc,� - £3�-639 - An ord i nanr_e to prov i de for f�h� us:.� oF the spec i�1 i ssudnce t�x from i ntox i cat i ng 1 i r�uor 1 i cen_>es ror a NeighSarhood Bettern�en-t Fund. - ADOPTED AS AMENDED ft. t•�i thdraw the F i rst Read i n� - 84-640 - l�n ord i n�,nce requ i r i n� i ncrcased p�rking for certain on-sale intoxicating tiquor est.�blishments._ WITHDRA4JN 9. First Reading - 84-641 -- An ordinance restricting the issuance of new licenses or the -transFer frorn place to ptace into are�s having undue concentrations of on-sale intoxiceting 1'iquor. licen�es. - ADOPTED AS AMENDED ' CITY HALL SEVENTH FLOOR Sr1IKT PAUL. I�fINNESOTA SS10_' ..�,. � ' ' � ��f�-f��n/ " / 7l7� liquor. license to the prop'e:rty line of any school, church,'�or synagogue in the area for which the license ��s sought. 4t Any licens'�s in force and effect c�pen-tl�e-effeet�ve e�ate-e�-tk�y-s�tHe��s�e�i on November 10, 1962 , the location of Aihich license is in conflict with the provisions he�eof, may be renewed, transferred, or otherwise deal� with in accordance with law, it being the intent of tI'�,>is subdivision that it be applied prospectively fo�. proposed locations of licenses, and further it be�,ng the intent of this subdivision that the limitatioi'!s set forth in this subdivision shall in no manner �e applicable to any hotel or motel. Upon written%'��etition signed on behalf of the school, church or°osynagogue located within 300 feet of the proposed ld�ation of the license, the council may by a five-s�venths vote disregard the provisions of this subdi�ision insofar as location adjacent to a church, sch�l or snyagogue of a proposed license is concerri�d. „� Section�. 3. ,� That section 409.08 of the Legisl�tive Code be amended so as to add the following new clauses theret�: � (9) There shall be provided in al�. zoning districts other than B-4 and B-5 districts, o'�f-street paxking spaces for all on-sale premises at the time of new construction, new issuance, transfer �f license to a place not previously licensed for on' sale purposes, or expansion of licensed area, said of��street park- ing to be provided at the rate of one sp ce for each 50 squaxe feet of new or expanded usable loor space. (10) When an existing building is converte to on- sale intoxicating liquor purposes, existing ff-street parking facilities which serves the building hall be provided with a visual screen where the parkin �� , � ,� -2- • � . �'S�--� //� __-______ (RETURN TO �EROME SEGAL_ AFTER ADOPTION) J _ - - - - - _ -'7 - - r WHITE ` - CITr CLERK • //�� PINK � FINANCE - CANARV - DEPARTMENT GITY OF SAINT PAUL FlecilNO. BLUE - MAYOR � Ordin�nce Ordinance N0. Presented By Referred To - Committee: Date Out of Committee By Date An Ordinance Amending Chapter 409 of the Saint Pau1 Legislative Code pertaining to Intoxicating Liguor. THE COUNCIL OF THE CITY OF SAINT. PAUL DOES ORDAIN: Section-1. � ' . That section 409.06, subdivision 5, clause 2 of the Legislative Code be amended to read as follows: . (2) No outside service� area shall be permitted unless the licensee presents with his application for each outside service area a statement in writing by 90 percent of the owners and tenants of all private residences, dwellings and apartment houses located within 200 feet of the proposed outside service area that they have no objection to such service area. . Measurements shall be determined from the pro ert line o t e icense premises to the property ine o t e resi�ential us�es. Section 2. That section 409.06, subdivision . l2 of the Legislative Code be amended so as to read as follows: � . Subd. 12 . License near church or school.. No license shall be issued for any premises located within 300 . feet from any public or parochial school, church, or synagogue, said 300 feet being calculated and computed as the distance measured �n-a-st�a�gh�-��ne-��ea►-the � �►a�A-g�t��}e-er��a�ee from �the� property 3.ine of the � premises or building propose as t e ocation for the .� COUNC[LMFN Requested by Department of: Yeas Nays Flslcher Drew [n Favor Masanz ��t�� Against BY Tsdeaco Wilson Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY sy . Approved by Mayor. Date Approved by Mayor for Submission to Council ^ ^-- . . � , � . � CI�i �c� ��iC� � liquor license to the property line of any school, ' church, or synagogue in the area or which the license is sought. Any licenses in force and effect ngea--t�e-e€fcettbe date-e�-tk�s-stsbel�e�s�eri �on November 1�0, �1962, the location of which license is �.n conflict wit the provisions hereof, may be renewed, transferred, or otherwise dealt with in accordance with law, it being the intent of this subdivision that .it be applied prospectively for proposed locations of licenses, and further it being the intent of this subdivision that the limitations set forth in this subdivision shall in no manner be applicable to any hotel or motel. Upon wr.itten petition signed on be- half of the school, church or synagogue located within 300 feet of the proposed location of th� license, the council may by a five-sevenths vote disregard the � provisions of this subdivision insofar as location adjacent to a church, school or synagogue of a proposed license is concerned. Section 3. That section 409. 08 of the Legislative Code be amended so as to add the following new clauses thereto: (9) There shall be prpvided in all zoning districts, other than B-4 or B-5 districts, off-street parking spaces for all on-sale premises as provided herein: i) Transfer or new issuance to a structure newly construct- ed for that purpose, off-street parking at the rate of one space for each 45 square feet of patron area. ii) Transfer or new issuance to an existing structure not previously licensed for on-sale purposes, off-street parking at the rate of one space for each 45 square feet of patron � area minus the number of off-street parking spaces which would be required for the previous use under the existing . zoning code. Existing parking spaces which served the previous use shall not be counted to meet the requirement, and in no event shall parking be required in excess of what would have been required if the structure were newly con- structed. Provided, however, that no additional off-street parking shall be required if the computed difference between the old and new uses is less than 30$, or if the number of additional spaces required is five or fewer spaces. iii) Expansion of licensed area, off-.street parking at the rate of one space for each 45 square feet of expanded . _2_ . (9-25-84) � �1� Id� v, ,� ' . � �i��I �7i7� � patron area, and in addition, 25$ of any parking shortfall for the existing building. "Parkincj shortfall" shall mean the difference between the number of parking spaces which would have been re- quired if the building housing the licensed establish- ment had been newly constructed and the number of parking spaces actually provided on the date of completion of the expansion of the licensed area. iv) "Patron area" shall mean to include all areas used by the public, and excludes all areas used exclusively by employees for work, storage or office space. (10) When an existing building is converted to on-sale intoxicating liquor purposes, existing off-street parking facilities which serves the building shall be provided with a visual screen where the parking -2a- (9-25-84) � � �i�� . • . . , � � ��_ i��'g • � ` � r/�� facility adjoins or abuts across an alley any residential use or residential zoning district. The screen shall be between 4-1/2 and 6-1/2 feet in height and of sufficient density to visually separate the parking facility from the adjaeent residential use district. The screen may consist of various fence materials, earth berms, plant materials or a combination thereof. Access by patrons to the parking facilit,y from� an adjacent � � alley should generally be prohibited. Section 4 . That section 409.11 of the Legislative Code be amended so as to change the first paragraph thereof to read as follows: 409.11. Transfer of license; change in service area. No license granted hereunder shall be transferable from person to person or from place to place (in- cludin Chan es in licensed areas) without the consent of -t-ke city counci , w ic consent shal�l �e evidenced by resolution passed by the city council. No license granted for a specified part of any particular premises shall. permit sales of such �liquor on a part of such premises not specified in the license; provided, . how- ever, that the council may, by resolution, grant the right to use such other portions of the premises for such sales. . Section 5. � That section 409.11 of the Legislative Code be amended so as to change the seventh paragraph thereof to read as follows: The council shall then schedule a date for public hearing upon said application for 'transfer or charige in licensed area. At least �9 45 days before a public � hearing on a transfer 'or cha�gein licerised area fre�t g�a�e-te-g�aee, the said department shall notify by mail all owners and occupants who own property or � -3- • o, ,. - ��-�r��' -- --- -- _ _ _ •WNIT�E � -^CI TY CLERK � . . .. . .�. . /�j�/ . PINK � FtNANCE � COIlI1C1I CANARI/ -DEPARTMENT GITY OF � SAINT PAU�L File NO. 9LVE - MAVOR � O�GLZIZG�IZCP. Ordinance N O. Presented By Referred To Committee: Date Out of Committee By Date reside within �AA 350 feet of the establishment to which the license is to �e transferred or area changed, and all community organizations that ave previous y regis- tered with said department to be notified of any such application, o.f the time, place, and the purpose of such hearing, said 388 350 feet being calculated and computed as the distance measured in a straight line from the . property line �ea�est-ge�at of the building where in- toxicating iquor is sold, consumed or kept for sale to the �ea�es�-ge��-e€-�ke property line owned, leased, or under the control of the resident. Prior to the hearing date, said department shall submit to the council a list of the names and addresses af each person or organization to whom notice was sent, and certification of such list by the department shall be conclusive evidence of such notice. A transfer or chan �e iri licensed area under this section only becomes e ective upon comp iance with this section and consent of the council by resolution. The failure to give mailed notice to owners or occupants re- siding within 398� 3�50 feet, or� t�o communi� organizat�ions, or defects in the notice, sh�all not invalidate the trans- fer provided a bona fide attempt to comply with this section has been made. A bona. fide attempt is evidenced. by a notice addressed to "owner" and to "occupant" of the listed address. Only one .notice need be mailed to each house or each rental unit within a multiple family dwell- ; ing regardless of the number of occupants. " Section 6. This ordinance shall take effect and be in force_ thirty days from and after its passage, approval and publication. -4- COUNCILMFN � Requested by Department of: Yeas Nays . Fletchsr pfe,,,, In Favor Masanz • Ntcosla Against BY Schsibsl Tsdesco Wilson Form Approved.by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY ey Approved by Mayor: Date Approved by Mayor for Submission to Council o� .-, o.. _ ... . _... .,_.-r . . ....-..— -.... - - . ._�. .�_�,...a � ' � � r l ' ' lst � �U/�� 2nd � Z� '� `� � 3rd /� - �-,�� Adopted yf/1�- �-r�/ �, v�� _._ 7" Yeas Nays /C,r.3-�'� , DREW FLETCHER ��Z � � - �� y� � NICOSIA �7/7L� SCHEIBEL WILSON MR. PRESIDENT TEDESCO