84-1190 WHITE - CITV CLERK
PINK � - FINANCE 1
CANAR�-DEPARTMENT GITY OF SAINT PAZTL COLIIClI
• 91UE -MAVOR File NO. ��' //��
� Ordin�nce Ordinance N 0. �����
Presented By N��J
Referred To � Committee: Date �d��
Out of Committee By � Date
An Ordinance Amending' Chapter 410 of the
Saint Paul Legislative Code Pertaining to
Non—Intoxicating Malt Liquor.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
i
That section 410.03, subdivision 7 of the Legislative Code be
amended to read as follows:
Subd. 7. License near school or church. No license
for on-sale non-intoxicating malt liquors shall be
issued for any prem.ises 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��k�-���e-��ex�-tl�e-�a}�
gt�b��e-ex�t�anee from the property line of the premises
or building propose as t e , ocation or the non-
intoxicating malt liquor license to the property
line of any school, church or synagogue in t e area
o�ich the licen�e is sought.
Al1 licenses in force and effect ager�-tke-e��eet�ere
date-e�-�k�s-s�tl����r�s�e� on November 10, 1962 the
location of which license is in conf ict with the
provisions hereof may be renewed, transferred or
otherwise dealt witl� in accqrdance with law, it being
the intent of this 5ubdivision to be applied pros-
pectively for proposed loca�ions 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.
COIJNCILMEN Requested by Department of:
Yeas Nays
Fletcher
p�e,,,, In Favor
Masanz
Nicosfa B
scnetbei Against Y
TedesCo
Wilson
Form Approv y City Attor
Adopted by Council: Date
Certified Passed by Council Secretary BY
�y -
Approved by Mayor: Date Approved ayor for Submission to Council
By By
� . � . . • �� � �� /r �ll1
. �7���f
� Upon written petition signed on behalf of the school,
' church or snyagogue 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 schooi,
church or synagogue of a proposed �license is concerned.
Section 2. �
That section 410. 04 of the Legislative Code be amended so as to
add the following new subdivisions thereto:
Subd. 6. 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 constructed
for that purpose, off-street parking at the r.ate 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 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 park-
ing be required in excess of what would have been required if
the structure were newly constructed. Provided, however, that
no additional off-street parking sh�all be required if the com-
puted 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 patron
area, and in addition, 25� of any parking shortfall for the
existing building. "Parking shbrtfall" shall mean the differ-
ence between the number of parking spaces which would have
been required 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 o�fice space.
Subd. 7. When an existing building is converted to on-
sale non-intoxicating malt liquor purposes, existing
off-street parking facilities which serves the building
shall be provided with a visual screen where the parking
. (9-25-84) -2-
� 1�.�(d�:
� �,f= �cF—/l 9�
, ` � � �7i�y
. s
�
faci]:ity 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 prohibited.
Section 3.
That section 410. 04 of the Legislative Code be amended to read as
follows:
,
. .-..�r+s- ¢
I
� -2a-
9-25-84
� � �� ���� o,
�
� - � �i� � � - ���0
. �����
410. 07. Transfer of license; change in service area.
no license granted hereunder shall be transferable from
person to person or from place to place (including
changes in licensed areas) without the consent of the
city council, which consent shall be evidenced by reso-
lution 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, however, that
the council may, by resolution, grant the right to use
such other portions of the premises for such sales.
The transfer of stock in any corporate license shall
be deemed a transfer within the meaning of this section,
and no such transfer of stock shall be made without the
consent of the city council.
It is hereby made the duty of the officers of any
corporation holding a license issued under the author-
ity of this chapter to notify the city council of any
proposed sale or transfer of any stock in such corpo-
ration, and no such sale or transfer of stock shall be
effective without the consent of the council given in
the manner above set forth. The transfer of any stock
without the knowledge and consent of the city council
shall be deemed sufficient cause for revocation by the
council of any license granted to such corporation
under the authority of this chapter.
Such corporate officers sha11 also notify the city
council whenever any change �s made in the officers
of any such corporation, and the failure to so notify
the council shall likewise be sufficient cause for
revocation of any liquor license granted to such
corporation.
Notwithstanding the provisions of this section, publicly
owned corporations whose stock is traded in the open market
may comply with the requirements pertaining to stock owner-
-3-
- . � � C��f= � �-/,�� °
/7/ 7�f
shi,p and stock transfer b�r furnish�ng the council with
the names and addresses of all stockholders o� record
upon each renewal o� the license.
An applicata,on for the transfer o� such a license
shall be made by the transferee upon forms ,furnished
by the division of license and permit admin.istration
of the depaxtznent of �inance and managemerit services.
Prior to the cit� council 's consideration of said
application, the application shall be read by the city
clerk at the next regular meeting of the city council.
The council shall then sahedule a date for public �
hearing upon said application �or transfer or change
in licensed area. At least 45 days before a public
hearing on a transfer or change in licerised area, the
said department shall notify by mail all owners and
occupants who own property or reside within 350 feet
of the establishment to which the license is to be
transferred or area changed, and all community organi-
zations that have previously registered with said
departme.nt to be notified of any such application, of
the time, place, and the purpose of such hearing, said
350 feet being calculated and computed as the distance
measured �,n a straight line `from the property line of
the building where intoxicating liquor is sold, con-
sumed or kept for sale to the 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
effective upon compliance with this section and consent
of the council by resolution. The failure to give
mailed notice to owners or occupants residing within
350 feet or to community organizations, or defects in
the notice, shall not invalidate the transfer provided
-4-
WHITE - CITV CLERK
PINK - FINANCE CO{1I1C11 /
CANARV,�-DEPARTMENT GITY OF SAINT PAUL File NO. ��`" ���
BLUE - MAVOR
•
► �
Ord�n�nce Ordinance N0. �L / ��
Presented By
Referred To Committee: Date
Out of Committee By Date
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
dwelling regardless of the number of occupants.
The notification requirements of this section shall not
be applicable where the license is to be transferred to
a place located within the downtown business district.
For purposes of this section, downtown business district
shall include all that portion of the city of Saint Paul
lying within and bounded by the following streets:
Beginning at the in�ersection of Shepard Road with
Chestnut Street, Chestnut Street to Pleasant Avenue,
Pleasant Avenue to Kellogg �treet, Kellogg Street to
Summit Avenue, Summit Avenue to Tenth Street, Tenth
Street to Interstate Freeway 94, Interstate Freeway 94
to Lafayette Bridge, Lafayei�te Bridge to where the
bridge crosses over Warner Road, Warner Road to Shepard
Road, Shepard Road to Chestiut Street.
Section 4 .
This ordinance shall take effec't and be in force thirty days
from and after its passage, approval and publication.
j
-5-
COUNCILMEN Requested by Department of:
Yeas Nays
-Fle�shsr F-�.Y�/N
p.�,,, In Favor
Masanz
Nicosia �_ Against By
Scheibel
Tedesco
W��so� aCT 2 3
Adopted by Council: Date ��8'� Form Approved City Attorney
Certified Pa d b un il re BY �
By
Approv b Mayor: Date �C+T � Approved b M yor for Submission to Council
By By
PUBUS��fl 0 G�i 2 �� 1984 �
. aE . � �/ �iro
���..�: . � 7� 7 y
.r..;..�-� .:..;.� � CI'I'�.'' OF �AINT �E'.F�UL
��'�'�� `� .
''�, � ��'� Oi�`FIC� OF' TPl1�: CITY COUNCIL
.,;; :,
�: :,..'�.:• •�.f
,.�....,�,..0 {r.
i�� "":=`�� D a t e ;
y' �" ,�;.' . f��ember 18, 1984
�. , �--
�`d`��~ � �'� '8� -----._
� C 0 !� (V1 f T T � E t� E �Tt��/ /�R1 �n —`----�,
� :
C)1 1 VL�tii►�S OFFiCE - .�� i-.)�t��4.' �r•
ST Pk.:l. M!ti�i. ; 1 ;{! �i ►;`;r�'�:`�
. � :� � fk• ,
� �. :��'-3�,•y
'� i
TO - Sq�n� PAr� t .� {� ; , ..<.,
c���► c�wn��� , ::��;._,7:��
�t-j 1�{:_ ��
, ;:t�' .,,,.
F� � � = CO �� � 1a t , .:
t71fil�'�L'� .ca�- -� ;;.
'� , - x�=' , .
Oh Legislation � 1��' �y
i '..u��_."� _
� C t�a I R John Drew - _ _ . . �_ . _ _ __.
� � � �� � �
1 . k'ithdraw the consideration of an ordinance amending Ch�p�t�r 409 of the
Saint Paul Legislat.ive Code pertainin� to intoxicatinc� tiquor (secti�n
• �09.08)., - WITHDRAWN 8'�f- iz��
� 2. 4d i thdra�r the cons i derat i on of an ord i�nance amenci i n� Chapi:er 410 of �the
' Sa i n�� Pau 1 Leg i s 1 at i ve Code perta i n i nn to non-i n to>;i c�7 c i ng r��a i t t i quor
(ser�ion �10. 0�) . - WITHDRAWN ��f-/�2 ( . -
.
, 3. Consicleration of �n ardinance amending Chapter �t09 of �lhe Sain� Paul
Legislative Code pert-aininc�. to intoxacatinc� liquor (secti�r�s �09.05
subd. 5 c)ause 2, �►09.06 subd. 1?_, 4Q9, 1 1 ) . - ADOPTED AS AMEPdDED ��{ -�i �"�
ob �
4. Consideration of an ordinance amendir�y Chap-ter �1I0 of the Saint Paul
Legislative Code per�taining to non-intor,ica�tinc malt liquor (s�ctions
410.04, 410.07) . - ADOPTED AS AMENDED L' �f-- /I � �
-► �±i° ,° 3
5. �.i thdraw the F i rs�t Read.i ng - 8�-637 - /1r� ordi n�nce re�u]at i ng �the
i ssuance of new orrsa 1 e i ni:ox i c��t i ng 1 i quor 1 i��r�ses by prov i d i ng For
tt�e righ�t of _fir�t transfer by existing licens��s. - WITHDRAWN -
6. F-i rst Read i ng - £3�1-G38 - An acim i n i stra t i vc� ord i nance clec 1 ar i n� a
n;orator i um on the rnovemen�t of on-s�1 e i ntox i c�t i r�c3 I i quor I i censes i n to
the area �no�,.�n a: 1�hF• 1 i q�or p�ytr-o 1 '1 i rn i ts. - ADOPTED AS AI�1EfVDED
7. F i rs�t Read i n� - F3�--639 - An ord i nance to prov i de fo�� Lh� us�� oF the
s�ec i a 1 i ssudnce tax f rom i ntox i cat i�nc� 1 i�uor 1 i c�n,�t s for a
ReighSorhood Betterment Fund. - ADOPtED AS AMENDED
f1. 4•1 i thdraw the F i rst Read i n� - II4-640 - Hn ord i n��nce re�u i r i n� i ncreaseci
parking for certain on-sale intoxica'ting' liquor e;tablishments._ WITHDRA4JN
9. First Reading - 84-641 -- An ordinance restricting tt-�e issuance of new
licenses or the �transfer �rom place to place in�to areas having �indue
concentrat i ons of on-sa 1 e i ntox i c�t i nc� l�i�uoi�. 1 i cen�es. - ADOPTED AS AMEtVDED
C1TY �IALL SEVENTH FLOOR Sr1II�T PAUL, �tINNESOTA 5510'_
..��.
. . �,. �y _ ,if�
• ` i�� 7y
�x�
Upon w _ ' tten petit�on sa.gned on behalf of the school,
church synagogue located with,in 30Q feet of the
proposed ocata,on of the la.cense, the council may by
a five-sev ths vote disregard the provisions of this
subdivision `nsofar as location adjacent to a school,
church or syn ogue of a proposed license is concerned.
Section 2.
That section 410. 04 the Legislative Code be amended so as
to add the following new s divisions. thereto:
Subd. 6. There shall e provided in all zoninq districts,
other than B-4 and B-5 istricts, off-street parking
spaces for all on-sale p em�ses at the time of new con-
struction, new i.ssuance, ransfer of license to a place
not previously licensed fo on-sale purposes, or ex-
� pansion of licerised area, s �id off-stxeet parking to
be provided at the rate of o e space for each 50 square
feet of new or expanded usabl floor space.
Subd. 7. When an existing buil ing is converted to
on-sale non-intoxicata.ng malt li uor purposes, existing
off-street parking facilities whi h serves the building
shall be provided with a visual sc een where the parking
facility adjoins or ahuts across an alley any residential
use or residential zoning district. The screen shall be
betweeri 4-1/2 and 6-1/2 feet in heigh and of sufficient
density to visually separate the parki g facility from
the adjacent residential use district. The screen may
consist of various fence materials, ear berms, plant
materials or a combination thereo�, Acc s by patrons
to the parking facility from an adjacsnt ��.ley should
generally be prohibited. `'�,.
�i
Section 3.
That section 410. 07 of the Legislative Code be am'�ded to read
as follows: '�,�,
-2-
-�~ -' ��� /// � -
_ _?s (RETURN TO JEROME' SEGl3L AFTER ADOPTION) _ _ _
WMITE -�UTV CI.ERK � / / �/ y
P���+� � FINANCE CITY OF SAINT PAUL Council
CANARY - DEPARTMENT
DLUE - MAYOR ' F11C NO.
O/ W Z��/`CG Ordinance N O.
Presented By
Referred To Committee: Date
Out of Committee By Date
An Ordinance Amending Chapter 4i0 of the
Saint Paul Legislative Code Pertaining to
Non-Intoxicating Malt Liquor.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section �. - -
That section 410 .03, subdi�ision 7 of the Legislative Code be
amended to read as follows:
Subd. 7. License near �school or church. No license
for on-sale non-intoxicating malt liquors 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��-��ae-��ex�-t�e-�ta�a
ge�b��e-e�t�enee fr�om' the property l�ine of the premises
or--building propose as t e ocation or the non-
intoxicating malt liquor license to th�e �ro�erty
line of any school, church or synagogue in the area
o�r w�iich the license is sought.
All licenses in for�e and effect ngea-tke-e€�eet�de
date-e�-tk�s-st�b��v�9�eri �ori November 10, 19�b2 the
location of which license is in con ict wit the
provisions hereof may be renewed, transferred or
. otherwise dealt with in accordance with law, it being
the intent of this subdivision to be applied pros-
pectively 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.
. COUNCILMFN Requested by Department of:
Yeas Nays
Fietcher
pfB11,, � [n Favor
Maanz
Nleosia A gainst By
Scheibsl
Tedesco
Wilson
Adopted by Council: Date Form Approved by City Attorney .
Certified Passed by Council Secretary BY
sy ' .
Appcoved by Mayor: Date Approved by Mayor for Submission to Council
�__ Rv
,` � i ,i �� �,i��
� , / 7/7�
' Upon written p.etition signed on behalf of the school,
' church or snyagogue 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 schooi,
church or synagogue of a proposed �license is concerned.
Section 2.
That section 410.04 of the Legislative Code be amended so as to
add the following new subdivisions thereto:
Subd. 6. 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 constructed
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 s�rved the previous use shall not
be counted to meet the requiremsnt, and in no event shall park-
ing be required in exc�ss of what would have been required if
the structure were newly constructed. Provided, however, that
no additional off-street parking shall be required if the com-
puted 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 patron
area, and in addition, 25� of any parking shortfall for the
existing building. "Parking shortfall" shall mean the differ-
ence betweeri the number of parking spaces which would have
been required 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 o�fice space.
Subd. 7. When an existing building is converted to on-
sale non-intoxicating malt liquor purposes, existing
off-street parking facilities which serves the building
shall be provided with a visual screen where the parking
. (9-25-84) -2-
� ��.�f�
.'� �, ' . � ' � � �/—// 94
'� • , . / 7/7y
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 prohibited.
Section 3.
That section 410. 04 of the Legislative Code be amended to read as
follows:
� • ;
,
I�
-2a-
9-25-84 /
�j��'i154 0,
_ � � �-- i�y�v
.•= ► � �
� . i�� ��
410. 07. Transfer of licen�e; change in service area.
no license granted hereunder ; shall be transferable from
person to person or from pla�e to place (including
changes in licensed areas) w�thout the consent of the
city council, which consent �hall be evidenced by reso-
lution passed by the city council. No license granted
for a specified part of any �articular premises shall
permit sales of such liquor on a part of such premises
not specified in the licenser 'providecT, however, that
' � the council may, by resolution, grant the right to use
such other portions of the p�emises for such sales.
The transfer of stock in any corporate license shall
be deemed a transfer within the meaning of this section,
and no such transfer of stock shall be made without the
consent of the city council. ''
� It is hereby made the duty of the officers of any
corporation holding a license issued under the author-
ity of this chapter to notify the city council of any
prb�sed sale or transfer of' any stock" in such corpo-
ration, and no such sale or transfer of stock shall be
effective without the consen't of the council given in
the manner above set forth. The transfer of any stock
without the knowledge and consent of the city council
shall be deemed sufficient cause for revocation by the
council of any license granted to such corporation
under the authority of this chapter.
. • Such corporate officers shall also notify the city �
council whenever any change is made in the officers
of any such corporation, and the failure to so notify'
the council shall likewise be sufficient cause for
revocation of any liquor license grantecl to such
corporation.
, Notwithstanding the provisions of this section, publicly
owned corporations whose stock is traded in the open market
may� comply with the requirements pertaining to stock owner-
- _3_
00
' � ` � ` �� �� //��
. � � ' 17i7��
sh�p and stock transfer by furnishing the council with
the names and addresses of a�.l stockholders o£ record
upon each renewal of the lic�nse.
An application for the transfer of such a license
shall be made _by the transferee upon forms furnished
by the division of license and permit administration
of the department of finance' and management services.
Prior to the city council 's consideration of said
applica�ion, the application� shall be read by the city
� clerk at the next regular me�eting of the city council.
The council shall then sahledule a date for public
hearing upon said application for transfer or change
in licensed area. At least ''45 days before a public
hearing on a transfer or cha'nge in licensed area, the
said department shall notify by mail all owners and
occupants who own property ar reside within 350 feet
of the establishment to whic,h the �license is to be
transferred or area changed, and all community organi-
zat"ions that have previously registered with said
department to be notified of any such application, of
the time, place, and the pu�pose of such� hearing, said
350 feet being calculated and computed as the distance
measured in a straight line ,from the property line of
the building where intoxica�ing liquor is sold, con-
sumed or kept for sale to the property line owned,
leased, or under the cantrol 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 k�y the department shall be
conclusive evidence of such notice. A transfer or
change in licensed area under this section only becomes
effective upon compliance with this section and consent
of the council by resolutioM. The failure to give
� mailed notice to owners or occupants residing within
• 350 feet or to community organizations, or defects in
� the notice, shall not invalidate the transfer provided
� -4-
. . . � , . � � . � �'y-ii 9 a
- -- - -- _
_ _ ��� �y
WHIZE - UTV CLERK � • �
PiNK � FINANCE CITy OF � SAINT PAUL � Council
CANARf - DEPARTMENT
BLUE - MAVOR � � FIIe NO.
- Ordinance ordlnan�e No.
Presented By
Referred To Committee: Date
Out of Committee By Date
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
dwelling regardless of the number of occupants.
. The notification requirements of this section shall not
be applicable where the license is to be transferred to
a place located within the downtown business district.
For purposes of this section, downtown business district
shall include all that portion of the city of Saint Paul
lying within and bounded by the following streets:
Beginning at the intersectioh of Shepard Road with
Chestnut Street, Chestnut Street to Pleasant Avenue,
Pleasant Avenue to Kellogg Street, Kellogg Street to
Summit Avenue, Summit Avenue to Tenth Street, Tenth
Street to Interstate Freeway 94, Interstate Freeway 94
to .L,�fayette Bridge, Lafayet�te Bridge to where the
bridge crosses over Warner Road, Warner Road to Shepard
Road, Shepard Road to Chestr�ut Street.
Sectio� 4.
This ordinance shall take effec,t and be in force thirty days
from and after its passage, approva� and publication.
-5-
� COUNCILMFN � Requested by Department of:
Yeas Nays �
Fistcher
�►.w In Favor
Masanz •
Nicosla B
scne�be� Against Y
Tedesco
Wfison
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
vo