The URL can be used to link to this page

270429 M�HITE - C�T1� CLERK � COIlIICll 2 � � BL�IE -M YoR E GITY OF SAINT PALTL File NO. "�� CANARY - DEPARTMENT + f � Z � CP, Ordinance N0. �lfJ ��t,n Presented By • Referred To Committee: Date Out of Committee By Date An ordinance to amend Section 308.23, Section 310.09, Section 310.10, and Chapter 311 of the Saint Paul Legislative Code relating to tavern licenses. -� THE CO�CTNCIL OF THE CITY OF SAINT PAUL DOES ORDAINs Section 1. Section 308.23 (9) of the Saint Paul Legislative Code is hereby amended to read as follows: (9) No dancing whexein the public participates, and no dancing, singing, or other vaudeville e�ibi- tions or entertainment shall be permitted on the premises of any "on sale" licensee unless such pre��a�e�-e�e-e�ex��-��eenaee�-f e�-eperet�er�-ss-a _ ta�e��-�t�e�-��e��a�ee-e€-�e-e��-�e�a�� e-�a*�e��ss� licensee �as obtained an entertainment license under the ordinances of this Citv. a Section 2. Section 310.09 of the Saint �'aul Legislative Code is hereby amended to read as follows: COUIVCILMEN Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt ' Roedler - Against BY S ylvester Tedesco Form Approved by City Attorney Adopted by Council: Date � Certified Passed by Council Secretary B9 By Approved by Mayor: Date Approved by Mayor for Submission to Council BY By `� �. �'��l��.� 2. 310.09. Dancing, Dancing wherein the public partic- ipates and dancing, singing and other vaudeville exhib- itions or entertainment are hereby at all times prohibit�d on the premises of any "off sale" licens��= provided, however, that if etx�k-g�e��ses-a�e-e�t��-��een�e�-�a� e�e�a�#e�-ae-a--te�e�� the lieensee obtains an entertain- ment license for the pxemises under the ordinanc�s of the City of St. Paul relating to �a�e��se= entertainment licenses, such dancing, exhibitions or entertainment may be permitted. Section 3. S�ction 310.10 of the Saint Paul Legislative Code is hereby amended to read as followss 310.10. Music. All music, by whatever means provided, is hereby prohibited upon the premises of any "on sale" licensee between the hours of 9s00 p.m. of any one day and 9:00 a.m. of the following day, except where seze� g�e�a�ses-a�e-��-��ee�ee�-ae-a-�a�e�� the licensee has obtained an entertainment license for th� premises under the ordinances of the Cityy provided that an "on sale" licensee is hereby permitted to operate a radio and obtain music therefrom between said hours of 9:00 p.m. and 9:00 a.m. , provided further that the tone of such radio is modulated so as not to annoy the occupants of n�arby premises. The failure of any "on sale" licensee using a radio betwe�n said hours to keep the same from bacoming a nuisance to occupants of nearby premises shall be . deemed sufficient cause, in the discretion of the Council, to revoke his license to sell such non-intoxicating malt liquor. Section 4. Chapter 311 of the Saint Paul Legislative Code is hereby amended to read as followsi ./ I (�f * :ha'��y .., 3. 311. sPsaii�l�?N6 ENTERTAINMENT LICENSE 311.01. License Required. It shall be unlawful for any person, firm or corporation to �eeeg-er-epe�ate-a-�a�e�� provide entertainment in a place used, maintained or held out to be a place where intoxicatinq or non-intoxicatinq lig,uor is sold within the limits of the City of St. Paul, without first having obtained a license so to do as here- inafter provided. 311.02. �+�*e�� Entertainment DefinedT License Fee. � te�era-�s-�e�el��*--e�ef��e�-a�s--f e��e�$* (1) $�er�-��aee--tz$ee�z�rta#�ta��ee�T-ae�*�e�t��see�3-er-�e�e� etx�-�e be-a-g�aee w�e�e-�#qt:e��-r�e�-»��e��ea�#�sg-e�-��- �ex#ea��T-e�-laet��--�e-se�d�--a��-��-a��r��e�-�ke�e�e= ea}�-��aee-��e��e�es-��} Entertainment is herebv defined as a instrumental music with dancing for the guests therein, or singing or vaudeville entertainment, or any combination of thesef ��} � instrumental music solely, without dancing for guests therein or singing or vaude= ville entertainment or any combination of these. (2) The annual license fee for a-ta�ae�� an entertainment license as above defined shall be in the amount of One Hundred Fifty Dollars ($150.00) . (Ord. 13426, Sept. 30, 1966.) 3�.1.03, The fact that meals or lunch�ons are served shall have no effect,--�t be#ne�-tke-r�tent�e�-ef-��s-ere��er�ee l�e-e�es��a�e-a�e�-�e��t�e--a-�a�e��-es-se�-ee�t-��s-i�areg�ag� ��}-e�-3��A�: upon the necessitY of obtaininq an enter- tainment license. 311.04. License Application. Any person desiring s an en- tertainment license �e-ege�a�e-a-�a�e�� shall make his application in writing to the City Council, upon a form to s ��:� 4� be provided by the license inspector, with whom the application shall be filed. The license inspector shall require that the following infarmation be set forth upon the application: (1) The name and place of residence of the applicant. (2) The exact location of the premises upon which the applicant proposes to e�e�atelt�e-�a�errrsprovide entertain- ment. (3) v�hether the applicant has ever ]9eer�-ez�gee�ee�-��-a ��m��a�-19ue��ess provided similar entertainment, and if so, the location thereof and the date when so e�gege� ,P,rovided. (4) Whether the applicant proposes, in addition to the sale of liquor, to provide (1) instrumental music with dancing for the guests therein or singing or vaudeville entertainment or any combination of thesep or (2) instru-- mental music solely, without dancing for gu�sts therein, or singing, or vaudeville entertainment or any of these. In cgse the applicant proposes to� afford the public the privilege of dancing, the application shall set forth the amount of floor space available and which the applicant proposes to maintain for dancing purposes. The application shall be signed by the applicant in person, and if the applicant is a corporation, by an officer of the corporation who shall agree to comply with all the ordinances of the City relating to entertainment licenses. t�e-b�ts��ese-e�-ege�at�r�e}-a-�a�e�� He shall file with his application, the receipt of the City Clerk for the license fee paid, as such receipt is hereinafter provided for, to- gether with the consent of property owners or tenants as hereinafter also provided. . . fF,� i !��v� Ss 311.05. Deletsd. (Ord. 13164, Jan. 28, 1966.) 311.06. Consent of Neighboring Praperty. At least thirty (30) days befare a public hearing on an application for a �e�e�� an entertainment license, the Department of Finance and Management shall notify by mail all owners and occu- pants who own prop�rty or reside within thre� hundred (300) feet of the main entrance of the establishment to be li-- censed and all community organizations that have previously regist�red with said department, of the time, place and purpose of such heax ing. Sai.d thre� hundred (300) feet be- ing calculated and computed, as the distance measured in a straight line from the nearest point of the building where intoxicating or non--intoxicatinq 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 th� hearing date, the Department of Finance and Management shall submit to the License Committee of the City Council a list of the names and add;resses of each person or organiza- tion to whom notice saas sent, and certification of such list by the Clerk shall be conclusive evidence of such notice. The applicant shall present with his application a statement in writing by the owners and tenants of ninety percent (9A'�) of all private residences, dwellings and apartment houses located within two hundred (200) feet of such premises to the effect that they have no objection to the granting of such �a�e�� entertainment license e�-��e-ege�a��e�-e�-�ke 79��r:ess-e�-ee�e�c�e��g-a-�a�e�� at the location proposed, provided nevertheless that such consent shall not be neces- sary when the premises wherea�in the entertainment �a�e�r� is proposed is zoned as a light or heavy industry district. The requirements set out in this section shall apply only where the application is for a-�a�e�� an entertainment ��;W� 6. license, in which �a�e�►� 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. An entertainment a-�a�ae�� license 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 three hundred (300) feet, or defects in the notice shall 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 dwell- ing regardless of the number of occupants. The notification requirements of this section shall not be applicable where the license is to be held in a place lo- cated within the Downtown Business District. For purpose of this section, Downtown Business District shall include all that portion af the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersec- tion 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. (Amended ord. 15372, May 15, 1973. ) 311.07. Investigation. Whenever an application for a te�rer� an entertainment license is filed, the License Inspector shall refer said application immediately to the Health Officers, the Chief of Police and the Fire Chief, . � ^ �� 7• who sh,all proceed to inspect and examine the premises d�scribed in the application and r�part to the License Inspector whether the applicant is a proper person to receive such a license and whether the premises axe suit- able for the l��s#�e$e-e�-a-�a�e�� proposed entertainment. Upon receipt of the reports, the License Inspector shall transmit the said reports together with his recammendation and any recommendation that the H�alth Officer, Chief of Police and Fire Chief shall make with respect to the applicant or the premises, to the Council for its consid-- eration. It is her�by made the duty of the Chi�f of Police in any case where consent of nearby residents is required under this ordinance, ta inquire whether such consent was given in good faith. (Ord. 13164, Jan, 28, 1966. ) 311.08. Floor Space. No �a�e��r entertainment license shall be given where the floor space available for and which is to be maintained for dancing in which the public participates, does not exceed four hundred (400) square faet. 311.09. Duration of License� All licenses herein pxovided for shall run for a period of one year from the date Qf issuance except as hereinafter providedl they may be re- newed for a furthex period of one year each, upon payment of the license fee herein pravided whenever the License Inspector so recommend5 to the City Council, and the City Council by resolution approves the recommendation of the License Inspector and grants the renewal. (Ordinance 7513, passed October 17, 1933s Amendeds Ordinance 8923, July 16, 1947y O�dinance 9008, November 13, 1947j Ordinance 10776, May 29, 19561 Ord. 13426, Sept. 30, 1966s Ord. 13164, Jan. 28, 1966. ) PIiNKE� - �INANCE RK . CANARY - DEPARTMENT GITY OF SAINT PALTL COl1IIC11 �:�� BLl{E -MAVOR File NO. ' � Ordindnce � ordinance N 0. ��O I� NJ , Presented By Referred To Committee: Date Out of Committee By Date 8. 311.10. One Day License. Any person, firm or corpora-- tion may apply for a temporary entertainment license valid for a tvaentY-four (24) hour period. Such applica- tion shall be made in the manner �rescribed in this cha�ter and shall be subject to the same reguirements reaarding consent. ins�ection and floor space. The fee �or such license shall be Seve�tv-five Dollars (575.00) . No person, fixm or corporation shall be granted more than one such license gg�r calendar year. Section 5. This ordinance shall take effect and be in force thirty (30) days from. and after its pasaage, appxoval and publication. COUIVCILMEIV Requested by Department of: Yeas Nays Butler • Hozza In Favor — Hunt p Levine Against BY Roedler Sylvester �B 1 4 j978 Tedesc Form Approved by City Attorney Adopted Counc� : Date � Ce ified ed by ncil Secretar BY �� App by Mayor: Da e F�� t � t978 Appr6ved by Mayor for Submission to Council g By pUBLISi-!�� FEB 2 � 1978 � ' � ' � � � 1 s t � — �� `t 2nd � �' � j 3rd ��—_�� Adopted o� �/� Yeas Nays BUTLER HOZZA xurrT ��..� � LEVINE � ROEDLER � TEDESCO (PRESIDENT SYLVESTER) _ ,