280999 WHITE +- CITV CLERK
pINK - FINANCE COIIIICII
CANARV �OEPARTMENT GITY OF SAINT PAZTL
BLUE � MAVOR File N�. 2��9
' Orclind�ce Ordinance N0. ��d��
Presented By /
Referred To 1--� �T�..�L�1�� '��I Committee: Date � �' 1�'�g�
Out of Committee By Date
An ordinance pertaining to consent requirements
for the grant"ing of an entertainment license; amending
Section 411.04, Subdivision 2 of the Saint Paul
Legislative Code.
TI� COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Section 411.04, Subdivision 2 of the Saint Paul
Legislative Code be and the same is hereby amended to read
as follows:
Subd. 2. Notification requirements; consent o�
nei�hboring propert .
,� Notice of hearing. At least 30 days before a
public hearing on an application for a license,
the department oY finance and management services
shall notify by mail a11 owners and occupants
who own property or reside within 300 feet of
the main entrance of the establishment to be
licensed and all community organizations that
have previously registered with said department
of the time, place and purpose of such hearing,
said 300 feet being calculated and computed
as the distance measured in a straight line
from the nearest point of the building where
COUNCILMEN Requested by Department of:
Yeas Nays
Fletcher
ceu« In Favor
Masanz
Nicosia B
scneibei Against Y
Tedesco
Wilson
Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary By �� �`���(.�e�f.��- i U��/83
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By By
• �C�V�U�
. ���y��2.,
Page 2.
intoxicating liquor is sold, consumed or kept
for sale to the nearest point of the property
line owned, leased, or under the control of the
resident. Prior to the hearing date, the depart-
ment of finance and management services sha11
submit to the city council a list of the names
and addresses of eadz person or organization to
whom notice was sent, and certification of such
list by the clerk shall be conclusive evidence
of such notice.
,� Consent of owners and occu ants within 200 feet.
The applican shall presen with his application
a statement in writingi ��g�e�-�� with the
si�natures of as man of the owners and �e�a��s
occupants of 98-�e�ee��-e�-a�� private residences,
dwellings and apartment houses located within 200
feet of such premises as he can obtain, to the
effect that they have no objection to the granting
of such entertainment license or the operation
of the busine�s �o� conducting entertainment at
the location proposed;-��s�}�e�-�e�e���.e�e�s�
��a�-s�e�-ee�.se�.�-e�i���-�e#-�e-�.eee��s��3�-�r�e�
�ke-g�e��ee�-;v�e�ee�-��ie-e�.�e������e��-�s-��e�ese�.
}�-$e�e�-as-�-�;-�-�-e�-�-�-����s���a�-��s��}e#.
If the applicant obtains the si�natures of 90
percent or more of such persons, the council
may grant the license. If the applicant obtains
the signatures of 0 percent to g0 percent of
such persons, the council ma �rant the license
upon findin� that issuance of the license would
n.ot in erfere with the reasonable use and en'oy-
ment of nei�hborin� propert and residences and
would not bear adversel.y on the health, safety,
mdrals and general welfare of the community.
Such findings shall be based on the followin�
considerations .if the license were to be �ranted•
� The ef�ect on the sunroundin� communit
and institutions;
� Noise and the likelihood of adverse effect
on residential occupants;
� The possibilit,y of increased traffic;
� The character of the nei�hborhood;
� Other like uses in the nei�hborhood.
� . • �il��a7
. _ • /��,C��z.�
Page 3.
If the a licant fails to obtain the si natures
of 0 percen of such persons, he license
shall not in any case be granted.
� Compliance with notice and consent requirements.
An entertainment license only becomes effective
upon compliance with this subdivision and consent
of the council by resolution. The failure to
give mailed notice to owners or occupants resid-
ing within 300 feet or defects in the notice
sha11 not invalidate the license provided a
bona fide attempt to comply with this subdivision
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.
� A lication of subdivision• exce tions. The
requiremen s set out in this subdivision shall
apply only where. the application is for an
entertainment license in which it is proposed
that liquor will be sold and instrumental music
with dancing for the guests therein, or singing
or vaudeville entertainment is to be provided.
The notification and consent requirements of
this subdivision sha11 not be applicable whem. •
the premises whereon the entertainment is
groposed is zoned as I-1, I-2 or I-3 Industrial
District or where the license is to be held in
a place located within the downtown business
district. For purposes of this subdivision,
downtown business district shall include all
that pi�rtion of the city of Saint Paul lying
within and bounded by the following streets:
Beginning at the intersection 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 Lafayette Bridge, Lafayette Bridge to where
the Bridge crosses over Warner Road, Warner
Road to Shepard Road, Shepard Road to Chestnut
Street.
WHITE _ - CITY CLERK
�PINK (r FINANCE CITY OF SAINT PAUL Council
CANARV s DEPARTMENT File NO. 28U99y
�LUE� ; MAVOR
•� ` • `
Ord�n�nce Ordinance N 0. ! �0��
Presented By
�� '
Referred To Committee: Date
Out of Committee By Date
Page 4,
Section 2.
This ordinance shall be deemed a part o� the �aint paul
Legislative Code and shall be incorporated therein and given
an appropriate chapter and/or section number at the time of
the next revision of said Legislative Code.
Section 3.
This ordinance shall take effect and be in force 30 days
from and after �'�s passage, approval and publication.
COUNCILMEN
Yeas Nays � Requested by Department of:
Fletcher
�eu� in Favor
Masanz
Nicosia � Against BY
$Cheibel
Tedesco
Wiison
Adopted by Council: Date OCT 2 r� �=`:'� Form Approved by City Attorney
Certified Pa s ouncil et BY '-���- �• �tl�r���3
By
Ap by Mayor: e ` �CT 2 � ��83 Approved by Mayor for Submission to Council
gy By
RUBLISHED NpV 5 1983
� � �'o r� �
CITY OF SAINT PAUL � 7D��
�„�.�qp OFFIC� OF THE CITY COIINCIL
s�wa�aa9.er
�'���s�
Ddte : October 25 , 1983
COMMITTEE RE PORT
TO = Sa�nt Pau 1 City Council
FR� M � Committee Oh LEGISLATION
CMAIR : John J . Galles
. An ordinance amending Section 411 . 04 , Subdivision• 2 , of the
Legislative Code pertaining to consent requirements for the
granting of an entertainment license -- Council File No .
280999 .
Legi�slation Committee recommends approval .
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CTTY HALL SEVENTH FLOOR SAINT PAUL, MiNNESOTA 55102
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��• /�' d 3 ' 2nd , /O � �a � �.�
3rd �i� � D �d � Adopted /� �� '—/�
Yeas Nays .
FLETCHER 2gp�99
GALLES /� 7��,�.
/
MASANZ
NICOSIA
� SCHEIBEL
;
WILSON
MR. PRESIDENT TIDESCO